CHFORIO B 1774 N.C. Agenda  Greenville City Council  June 10, 2024 6:00 PM  City Hall Council Chambers, 200 West 5th Street  Assistive listening devices are available upon request for meetings held in the Council Chambers. Ifan interpreter is needed for deaf or hearing impaired citizens, please call 252-329-4422 (voice) or2 252-329-  4060 (TDD) no later than two business days prior to the meeting.  I.  Calll Meeting To Order II. Invocation - Mayor P.J. Connelly III. Pledge of Allegiance IV. Roll Call V. Approval of Agenda VI. Special Recognitions  1. Awards from United Way of Pitt County Calendar- Public Information Office 3. Recognition of. Juneteenth Art Contest Participants  2. National Association of Government Communicators Award for 2024 Then/Now  VII. Public Comment Period  The Public Comment Period is a period reserved for comments by the public. Items that were or are scheduled to be the subject of public hearings conducted at the same meeting or another meeting during the same week shall not be discussed. A total of30 minutes is allocated with each individual being allowed no more than 3 minutes. Individuals who registered with the City Clerk to speak will speak in the order registered until the allocated 30 minutes expires. Iftime  1    remains after all persons who registered have spoken, individuals who did not register will have  an opportunity to speak until the allocated 30 minutes expires.  VIII. Consent Agenda  4. Authorization to Receive Funds from the U.S. Department of] Justice Body Worn Camera 5. Authorization to. Apply for a Great Trails State Grant to Help Fund the Boardwalk 6. Ordinance and Reimbursement Resolution Amending Greenville Utilities Commission's  Grant  Connection from Wildwood Park to River Park North FY: 2023-24 Budget and Various Capital Project Budgets 7. Contract with The Ferguson Group for FY 2024-2025  8. Pitt County Arts Council at Emerge Fiscal Year 2024-25 Contract for Services 9. Contract award for the 2024 Stormwater Repairs Project and approval ofTask Order #6 for Construction Engineering and Inspection (CEI) and Construction Materials Testing  (CMT) On-Call Contract  10. Various Tax Refunds Greater Than $100  IX. New Business  Public Hearings  11. Public Hearing on the Proposed Fiscal Year 2024-25 City of Greenville Budgets Including Sheppard Memorial Library, the Pitt-Greenville Convention & Visitors Authority, Greenville Utilities Commission and al Public Hearing to bel Held Concurrently on Proposed Stormwater Management Utility Rate Increase  Other Items of] Business Improvements  12. Award of Construction Contract to FASCO Inc. for Greenfield Terrace Park 13. Resolution Authorizing Contract Award for the Construction of the Public Works Stormwater Pipe Improvements Phase II for the Public Works Stormwater Pipe 14. Resolution Authorizing Contract Award for Task Order 6 (CA CO Inspection) for the 15. Reimbursement Resolution for the Proposed Replacement ofa Stormwater Pipe 16. Resolution Approving an Exchange of Property with the Pitt County Board of Education  Improvements.  Public Works Stormwater Pipe Improvements  for Development and Use ofal New Fire/Rescue Station  2    17. Contract award forj professional services for Design and Construction Engineering and 18. Budget Ordinance Amendment #11 to the 2023-2024 City of Greenville Budget (Ordinance #23-046), the Capital Projects Funds (Ordinance #17-024), and the FEMA-  Inspection (CEI) on the Arts District Streetscape Project  Hurricane Project Fund (Ordinance #17-002)  X. Review ofJune 13, 2024, City Council Agenda  XI. City Manager's Report  XII. Comments from Mayor and City Council  XIII. Adjournment  3    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item: Explanation:  Authorization to Receive Funds from the U.S. Department of. Justice Body Worn The Greenville Police Department was selected to receive $1.4 million in funding for Body Worn and In-Car Cameras. The Police Department has used cameras to increase transparency and record critical data since 2009. This funding will allow the department to explore the most advanced options for data captured by video including devices worn by the individual officers as well as each department vehicle. The storage and retrieval ofthis data is critical to meeting the demands of the public and will also be updated by way of this The City will receive $1.4 million, and no match is required for this funding.  Camera Grant  funding.  Fiscal Note:  Recommendation: Authorize Greenville Police Department staff to receive funds from Department  ofJustice Body Worn Camera Grant.  Item #4.  4    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item: Explanation:  Authorization to Apply for a Great Trails State Grant tol Help Fund the Boardwalk Connection from Wildwood Park to River Park North  The Great Trails State Program provides funding for new trail development and extensions to existing trails in North Carolina. This grant program is being administered by the NC Department ofNatural and Cultural Resources Division of] Parks and Recreation. A total of $25 million is available statewide, and applicants can apply for up to $500,000. Pitt County is a Tier 1 County and City staff's proposed application will request $500,000 to help fund construction oft the boardwalk connection from Wildwood Park to River Park North. This project has been designed and permitted and is considered shovel ready. The grant program requires the City Council's support and approval of the application and commitment to provide the required matching funds ($125,000) within three years ofs submitting the application. The matching funds are currently available in the Wildwood Park project account and are designated towards the The application is due on September 3, 2024, and grant recipients will be selected by the Secretary of the Department of] Natural and Cultural Resources in  therefore the City has a 25%1 required local match.  construction oft the boardwalk.  late 2024 or early 2025.  Fiscal Note:  The required match of $125,000 is available in the project account.  Recommendation: Authorize staff toj proceed with a Great Trails State grant application for  $500,000 to help fund the boardwalk connection from Wildwood Park to River Park North and commit to providing the matching funds of $125,000 within the  three-year project period.  ATTACHMENTS  Local Government Certification.pdr  Item #5.  5    Certification & Approval by Governing Board  Ihereby certify the information contained in the attached Great Trails State Program application is true and correct, and the required matching funds for the grant will be available within three years of submitting the application. This  application has been approved by the governing board.  P.J. Connelly  (Print or Type Name and Title)  (Signature)  If two sponsors are applying together, this form must be completed and signed by each  board.  Page 17of21  6    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item: Explanation:  Ordinance and Reimbursement Resolution Amending Greenville Utilities Commission's FY 2023-24 Budget and Various Capital Project Budgets The fiscal year 2023-24 Electric, Water, Sewer and Gas Fund Budgets need to be amended to ensure that the estimated sources ofi revenue appropriately cover the estimated expenditures and contingencies for the remainder of the fiscal year and to also alleviate the potential of actual expenditures being over the budget. On May 16, 2024, the GUC Board of Commissioners approved the fiscal budget amendments, which included certain capital projects budget amendments.  Fiscal Note:  No costs to the City.  Recommendation: Adopt the attached Ordinance and Reimbursement Resolution amending GUC's  fiscal year 2023-24 budget which includes capital projects budget amendments.  ATTACHMENTS  Ordinance. Amending 2023-24 Budget.pdf  Reimbursement Res Capital Projects FY 23-24 Budget Amend.pdf  Item #6.  7    ORDINANCE NO.24- CITY OF GREENVILLE, NORTH CAROLINA TOA AMEND THE GREENVILLE UTILITIES COMMISSION 2023-24 BUDGET, AND TO AMEND' VARIOUS CAPITAL PROJECT BUDGETS  THE CITY COUNCIL OF THE CITY OF GREENVILLE, NORTH CAROLINA, DOES ORDAIN:  Section I. Estimated Net Revenues: and Fund Balances. Itise estimated that thet following non-tax revenues: andi fund balances willl be available during thet fiscaly year beginning. July 1, 2023 and ending June 30, 20241 to meet the subsequent expenditures according tot the following  schedules: Revenues A. Electric Fund Rates & Charges Fees & Charges Miscellaneous Interest onl Investments FEMA/Insurancel Reimbursement Transfer from Rate Stabilization Total Electric Fund Revenue B. Water Fund Rates & Charges Fees & Charges Miscellaneous Interest onl Investments FEMA/Insurancel Reimbursement Total Water Fund Revenue C. Sewer Fund Rates & Charges Fees & Charges Miscellaneous Interest onl Investments FEMA/Insurancel Reimbursement Total Sewer Fund Revenue D. Gas Fund Rates & Charges Fees & Charges Miscellaneous Interest onl Investments Transfer from Rate Stabilization Total Gas Fund Revenue Total Revenues  Budget $182,903,800 1,310,000 2,427,564 530,000 0 7,800,000 $194,971,364 $26,171,128 450,000 239,000 100,000 0 $26,960,128 $24,729,081 420,250 92,250 85,000 0 $25,326,581 $44,517,551 182,000 75,046 100,000 2,400,000 $47,274,597 $294,532,670  Change ($6,340,781) (44,071) 4,524,222 606,437 47,783 (300,000) ($1,506,410) ($185,655) 204,193 438,754 97,136 0 $554,428 ($210,200) 153,010 595,247 105,382 0 $643,439 ($3,118,580) (13,901) 719,873 260,135 (2,400,000) ($4,552,473) ($4,861,016)  Revised $176,563,019 1,265,929 6,951,786 1,136,437 47,783 7,500,000 $193,464,954 $25,985,473 654,193 677,754 197,136 0 $27,514,556 $24,518,881 573,260 687,497 190,382 0 $25,970,020 $41,398,971 168,099 794,919 360,135 0 $42,722,124 $289,671,654  8    Section II. Expenditures. The following amounts: are hereby estimated for the Greenville Utilities Commission tol be expended for managing, operating, improving, maintaining, and extending electric, water, sewer and gas utilities during the fiscal year beginning. July 1,2023and  ending on. June 30, 2024, according tot the following schedules:  Expenditures Electric Fund Water Fund Sewer Fund Gas Fund Total Expenditures  Budget $194,971,364 26,960,128 25,326,581 47,274,597 $294,532,670  Change ($1,506,410) 554,428 643,439 (4,552,473) ($4,861,016)  Revised $193,464,954 27,514,556 25,970,020 42,722,124 $289,671,654  Section III. Capital Projects. The following Capital Project Budgets previously established arel hereby amended. (a) Ther revenues anticipated to be available to complete the projects are amended as follows.  Line # Revenue Description 1 Proceeds from long- term debt 2 Capital projects fund balance 3 System development fees  Budget $11,000,000 744,000 0 $11,744,000  Change ($3,949,350) 4,144,350 500,000 $695,000  Revised $7,050,650 4,888,350 500,000 $12,439,000  4  (b) The amounts appropriatedi for the projects are amended: asf follows:  Project Description  5 ECP10244 Hudson's Crossroads Substation 6 ECP10261 Community! Solar Project  $4,000,000 1,500,000 1,500,000 1,000,000 500,000 3,244,000 $11,744,000  $0 195,000 0 0 500,000 0 $695,000  $4,000,000 1,695,000 1,500,000 1,000,000 1,000,000 3,244,000 $12,439,000  7 WCP10033 Water Treatment Plant Riverbank Stabilization 8 WCP10040 Water Treatment Plant Lab Upgrades 9 SCP10235 Duplex Pump Station Improvements 10 SCP10244 Sewer System Extensions Phasel  11  (c) The capital project revenues ande expenditures authorizations shalle extend from year toy year until each project is completed. (a) Pursuant to General Statutes 159-15, theseb budgets may! bea amended by submission ofp proposed changes tot the City Council. (b)N Notwithstanding Subsection (a) above, the General Manager/CEO of Greenville Utilities Commission is authorized tot transfer funds from one appropriation to another ina ana amount not to exceed $100,000. Anys such transfers shall ber reported tot the Greenville Utilities Commission and the City Council att their next regular meeting ands shall be entered int the minutes. (c)! Inc case of emergency which threatens thel lives, health, or safety oft the public, the General Manager/CEO1 may authorize expenditures ina ana amount necessary tor meet the emergency: so long ast the expenditure(s) is/are reported to the Greenville Utilities Commission as soon as possible, and appropriate budget amendments are: submittedi tot the City Council,i if necessary, ati its next  Sectionl IV. Amendments.  meeting.  (d) Capital Projects listed ins section Illr may be amended ona ani individual project basis.  9    Section' V: Distribution. Copies of this ordinance shall bei furnished tot the General Manager/CEO and the Chief Financial Officer of the Greenville Utilities Commission, and the Director of Financial Services oft the City of Greenville tob be kept onf file byt themf for their direction in  the disbursement off funds.  Adopted this the 10th day of June, 2024.  P.J.C Connelly, Mayor  Attest:  Valerie Shiuwegar, City Clerk  10    RESOLUTION NO. 24-  RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF GREENVILLE TO REIMBURSE THE GREENVILLE UTILITIES COMMISSION, OF THE CITY OF GREENVILLE, NORTH CAROLINA, A BODY POLITIC DULY CHARTERED BY THE STATE OF NORTH CAROLINA, FROM' THE PROCEEDS OF ONE OR MORE: FINANCINGS) FOR CERTAIN EXPENDITURES MADE. AND TO BE MADE: IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENIS WHEREAS, in accordance with Chapter 861 oft the 1991 Session Laws of North Carolina, the Greenville Utilities Commission (the "Commission") has been created for the proper management of the public utilities of the City of Greenville, North Carolina (the "City"), comprising an electric system, a natural gas system, a sanitary sewer system and a water system within and without the corporate limits of the City, (collectively the "Combined Enterprise System") with responsibility for the entire supervision and control of the management, operation, maintenance, improvement and extension of the Combined Enterprise System; and  WHEREAS, Section 1.150-2 of the Treasury Regulations (the "Regulations") prescribes specific procedures which will be applicable to certain bonds, notes or other indebtedness ("Debt") issued by or on behalf oft the Commission and the City including, without limitation, ai requirement that the City declare official intent to reimburse certain expenditures with proceeds of Debt to be incurred prior to, or within sixty (60) days of, payment of the expenditures to bei reimbursed; WHEREAS, the Commission has determined to pay certain expenditures (the Expenditures") incurred no more than 60 days prior to the date hereof and thereafter relating to the acquisition and construction of certain improvements (collectively, the "Additional  Improvements") more: fully described below;  WHEREAS, the. Additional Improvements consist of a community solar project, substation, riverbank stabilization, lab upgrades, pump station improvements, and sewer system  extensions; and  WHEREAS, the City Council of the City has determined that those moneys previously advanced by the Commission no more than 60 days prior to the date hereof to pay such Expenditures are available only on a temporary period and that it is necessary to reimburse the Commission for the Expenditures from the proceeds of one or more issues of Debt;  NOW, THEREFORE, BE: ITI RESOLVED BY THE CITY COUNCIL as follows: Section 1. The City hereby declares concurrence with the Commission's intent to reimburse the Commission from the proceeds of the Debt for the Expenditures made with respect tot the Additional Improvements no more than 60 days prior to the date hereof and thereafter. Section 2. Each Expenditure was or will be either (a) of a type chargeable to capital account under general federal income tax principles (determined as of the date of the Expenditures), (b) the cost ofi issuance with respect to the Debt, (C)anon-recurring: item that is not customarily payable from current revenues of the Combined Enterprise System, or (d) a grant toa  11    party that is not related to or an agent of the Commission or City SO long as such grant does not impose any obligation or condition (directly ori indirectly) toi repay any amount toori fort the benefit  of the Commission or City.  Section 3. The principal amount of the Debt estimated to be issued to reimburse the Commission for Expenditures for the Additional Improvements is estimated to be not more than  $12,439,000.  Section 4. The Commission and the City will make ai reimbursement allocation, which is a written allocation by the Commission and the City that evidences the Commission's use of proceeds of the Debt toi reimburse an Expenditure no later than 181 months aftert thel later oft the date on which such Expenditure is paid or the Project is placed in service or abandoned, but ini no event more than three years after the date on which the Expenditure is paid. The City recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, (expenditures by "small issuers" based on the year ofi issuance and not the year  of expenditure), and expenditures for construction projects of at least 5 years.  Section 5. This declaration of official intent is made pursuant to Section 1.150-2 of the Section 6. The resolution shall take effect immediately upon its passage.  Treasury Regulations.  Adopted this the 10th day of June, 2024.  P.J.C Connelly, Mayor  ATTEST:  Valerie Shiuwegar City Clerk  12    Upon motion of Council member  seconded by Council member  the foregoing resolution was adopted by the following vote:  Ayes:  Noes: ******  I,Valerie Shiuwegar, City Clerk of the City of Greenville, North Carolina DO HEREBY CERTIFY that the foregoing is a true copy of such much of the proceedings of the City Council of said City at ai regular meeting held on. June 10, 2024 as it relates in any way to the passage of the foregoing resolution and that said proceedings are: recorded in the minutes of said Council. IDOH HEREBY FURTHER CERTIFY that proper notice of such regular meeting was given as WITNESS my hand and the official seal of said City, this 10th day of June, 2024.  required by North Carolina law.  City Clerk [SEAL]  13    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Titleo of] Item: Explanation:  Contract with The Ferguson Group for FY 2024-2025  The City of Greenville has worked with The Ferguson Group, a lobbying firm in Washington, DC, for lobbying services since 2002. The Ferguson Group assists with identifying and securing federal grant funding for City projects and initiatives in addition to lobbying the U.S. Congress on issues affecting the City. Some of the projects that have been facilitated or supported by The Ferguson Group on behalf oft the City of Greenville include the U.S. 264 Interstate designation (1587), the Green Mill Run stream restoration project, Police Wireless Technology Grants, and various grant programs essential to the City of Greenville. The Ferguson Group also assisted in securing funds for the Tenth Street Connector, Greenville Transportation Activity Center, and' Town Creek Culvert projects and was instrumental in the City's receipt oft the BUILD Grant. The Ferguson Group also provided guidance on the CARES Act funding and the Coronavirus State and Local Fiscal Recovery Fund. Additionally, The Ferguson Group works with City and Congressional staff to develop projects for submittal through the appropriations process and the transportation authorization process. The current contract with The Ferguson Group expires on. June 30, 2024. Attached for City Council's consideration is a contract with The Ferguson Group for one year, beginning July 1,2024, and expiring on June 30, 2025. The contract is a 12-month contract with a $6,300 per month cost, plus reimbursement of expenses (such as travel, postage, etc.) with an annual cap of $3,000, for a total maximum cost of $78,600. Ifapproved by City Council, the contract will be effective July 1, 2024 through June 30, 2025. Funds are included in the proposed FY 2025 budget to cover the contract costs.  Fiscal Note:  Recommendation: Approve the contract with The Ferguson Group for the period. July 1,2 2024  through June 30, 2025.  ATTACHMENTS  COGIPACANTKLN The_ Ferguson Ghw.m.nmptmper  Item #7.  14    Vendor Name: The Ferguson Group Vendor Number: 5998  Contract #  Greenville NORTH CAROLINA Find yourself in good company  AGREEMENT FOR CONTRACTOR SERVICES  LOBBYING SERVICES  THIS AGREEMENT ("Agreement"): made and entered into on this date  by and between the CITY OF GREENVILLE, North Carolina, a North Carolina municipal corporation, with offices located at 200 West Fifth Street, Greenville, Pitt County, North Carolina (hereinafter referred to as the "CITY") and' THE: FERGUSONO GROUP, L.L.C.( (WASHINGTON, D.C.), al District ofColumbia limited liability corporation duly authorized to conduct business in the State ofNorth Carolina, with aj principal office located at 1901 Pennsylvania Avenue, N.W., Suite 700, Washington, DC 20006, (hereinafter referred to as  "TFG");  WITNESSETH:  WHEREAS, the CITY is committed to making available financial resources for the services outlined herein and pursuant to North Carolina General Statute ("NCGS") $ 160A-20.1, the CITY is authorized to contract with and appropriate money to individuals, associations, or corporations, including not-for-profits, WHEREAS, the parties desire to reduce to writing their agreements with respect thereto. NOW, THEREFORE, for andi in consideration oft thei mutual promises and covenants set forthl herein, and other good and valuable consideration passing from each party to the other, receipt of which is hereby respectively acknowledged by each oft thej parties hereto, TFG and CITY dol hereby agree each with the other 1. SCOPE OF AGREEMENT. It is the intent of this Agreement to define the contractual relationship between the CITY and the TFG for TFG toj provide lobbying services as included herein on behalfofthe CITY. The TFG and CITY will collaborate throughout the term of this Agreement and fulfill the  to carry out any public purpose that the CITY is authorized to engage in by law; and  as follows:  following roles and responsibilities:  A. TFG will:  1) Act as the Washington Representative to the CITY in Washington, D.C.;  ii) Represent the CITY regarding legislative and regulatory matters impacting the CITY ini) Confer with the CITY and its designees at the times and places mutually agreed to by the CITY and' TFG. This willl be done on all organizational planning and program activity related to the Federal Agenda and that which has a bearing on the ability of the CITY to make the iv) Coordinate with the CITY and its designees to develop a comprehensive strategic plan for V) Review federal legislation under consideration, federal executive proposals, proposed  specifically;  best use ofi federal program resources; legislative and regulatory priorities;  DM#1181686  Thel Ferguson Group, LLC - Contract forl Lobbying Services  Page 1of11  15    Vendor Name: The Ferguson Group Vendor Number: 5998  Contract #  administrative rules and regulations, and other federal developments for the purpose of advising the CITY ofthosei items that may have al bearing on the client's policies or programs; vi) Notify the CITY of opportunities for federal funding and relay information necessary for vii) Secure and furnish such detailed information as may be available on federal issues in which viil) Review and comment on proposals of the CITY, which are being prepared for submission to ix) Identify, develop, and cultivate ongoing relationships with key congressional officials and Assist the congressional delegation in any matter that isi in the best interest oft the CITY and in the same: manner as any other member oft the CITY's staff might render assistance; x1) Counsel with the CITY andj prepare briefing materials and/or conduct briefings for the CITY's representatives who are preparing to meet with Members of Congress, testify before congressional committees and administrative agencies, and conduct other CITY business, or  securing those funds; the CITY indicates an interest;  federal agencies, when requested to do sO by the CITY;  staff members;  attend national conferences;  xii) Review and assist in developing the CITY's Federal Agenda;  xiii) Consult the CITY's elected officials and local staff on federal legislative affairs; xiv) Alert the CITY to relevant federal and foundation competitive grant opportunities; xv) Cultivate relationships with federal agencies, garner congressional support, andj provide every other level ofs support needed to improve the CITY'sability to obtain competitive grants; xvi) Arrange appointments (and accommodations when requested) for the CITY's officials to facilitate the efficient and effective performance oft the CITY's business while in Washington, xvii) Submit periodic reports providing the latest information on issues ofinterest to the CITY.  D.C.; and  B. CITY will:  Advise TFG of the name or names of persons authorized to request service by TFG and the ii) Supply TFG with a summary of all federal issues in which the CITY has interests and advise TFG of any new developments, together with the pertinent details as to the substance ofs such ini) Supply TFG with copies of budgets, planning documents, and regular reports of the CITY's agenda and proceedings, newspapers and other materials to assist TFG inl keeping current on  person or persons to bel kept advised by TFG;  developments; and  the CITY's policies and programs.  2. RELATIONSHIP OF PARTIES. The CITY and TFG agree that TFG shall not represent itself as an officer, agent or employee of the CITY for any purposes. TFG has or will secure at its own expense, all personnel required toj perform services under this Agreement. Such personnel shall not be employees of the CITY or have any contractual relationship with the CITY.TFG agrees that allj personnel engaged in the services under this Agreement shalll be fully qualified and shall be authorized to perform the services  under this Agreement. DM# 1181686  Thel Ferguson Group, LLC- Contract for Lobbying Services  Page 2of11  16    Vendor Name: The Ferguson Group Vendor Number: 5998  Contract #  3. PAYMENT. For and in consideration of the services to be provided by TFG, as described in Section 1 ofthis Agreement, upon approval ofthe appropriation and expenditure by the City Council ofthe City of Greenville, the CITY will provide payment upt to $75,600 (Seventy-Five Thousand Six Hundred Dollars and Zero Cents) to TFG. This amount will be paid ini intervals of $6,300 (Six Thousand Three Hundred Dollars and Zero Cents)peri month afters submission ofani invoice and supporting documentation by" TFG. Upon receipt of an invoice and appropriate supporting documentation by the CITY, the invoice will be payable within thirty (30) days from receipt. The CITY does not agree to the payment oflate charges or TFG: shall pay subcontractors for work performed within seven (7) days after TFGr receives payment from the CITY for work performed by the subcontractor. This requirement must be incorporated into all subcontractor agreements. Failure to comply with the seven (7) day requirement may cause the CITY to withhold payments to TFG and the CITY may suspend work until the subcontractor is paid. CITY shall also reimburse TFG for the following expenses, which are not to exceed $3,000 (Three A All travel expenses incurred int the representation oft the CITY regarding legislative and ii. All travel andi incidental expenses for attendance at meetings by TFG outside Washington, D.C. iii. Alli incidental Washington expenses incurred int the course of conducting the CITY's business;  finance charges assessed by" TFG for any reason.  Thousand Dollars and Zero cents) annually:  regulatory matters impacting the City specifically; orl North Carolina at the request of/approval of the CITY;  iv. All long-distance telephone expenses; and V. Cost of document production.  The CITY, without affecting its other rights and remedies, may delay or cancel any or all of those payments for failure by TFG to comply with any oft the provisions oft this Agreement.  4. EXCLUSIONS. TFG will not do any of the following:  a) Represent the CITY before formal congressional committee hearings or in any. judicial or quasi- judicial hearing conducted by boards or examiners of federal agencies or commissions; or b) Perform any legal, engineering, accounting or other similar professional services. 5. TERM OF CONTRACT. The term of this Agreement shall be one (1)year ("Term") according to the CITY's fiscal calendar, beginning. July 1,2024 and ending June 30, 2025, unless earlier terminated herein. TFG shall comply with all requirements imposed by this Agreement by June 30 of the end of the Term of the Agreement, except to the extent, if any, that this Agreement indicates a different time for . NON-AFPROPRIATION OF FUNDS. TFG acknowledges that funding for this Agreement is conditioned upon appropriation and allocation by the governing body ofsufficient funds to support the activities described in this Agreement. By written notice to TFG, at the earliest possible date, CITY may terminate this Agreement, in whole or in part, at any time for lack of appropriation of funds, or other withdrawal, reduction or limitation in any way of the CITY's budget, funding or financial resources. Such termination isi in addition to the CITY's rights to terminate for convenience or cause. TFG agrees to purchase at its own expense insurance coverages to satisfy the following minimum requirements. Insurance required shall remain in effect through the life of this Agreement.  performance.  Funding for this Agreement is subject to annual appropriation.  7. INSURANCE:  DM# 1181686  Thel Ferguson Group, LLC- Contract for Lobbying Services  Page 3of11  17    Vendor Name: The Ferguson Group Vendor Number: 5998  Contract #  a. Commercial General] Liability:  Limits:  Each Occurrence: Personal and Advertising Injury General Aggregate Limit  $1,000,000 $1,000,000 $2,000,000 $2,000,000  Products and Completed Operations Aggregate  b. Commercial Automobile Liability: Limits: $1,000,000 combined single limit.  Cancellation:  Each certificate of insurance shall bear the provision that the policy cannot be altered or canceled in less than ten (10) days after mailing written notice to the assured of such  alteration or cancellation, sent registered mail.  d. ProofofCarriages:  TFG shall provide the CITY with insurance industry standard ACCORD form Certificate(s) of Insurance on all policies ofi insurance and renewals thereofi in a form(s) acceptable to the CITY prior to the commencement of services. Said policies shall provide that the CITY be an additional named insured. ii. Alli insurance policies shall bei issued by responsible companies who are acceptable to the CITY and licensed and authorized to do business under the laws ofl North  Carolina.  8. NOTICE.  a) All notices or communications required or permitted by this Agreement will be in writing and delivered viaj personal delivery, ai recognized national overnight delivery service or by certified mail, return receipt requested; in addition, subsection (b) must be complied with. b) Additional Notice by Email. In: addition to complying with subsection (a), thej party giving notice or other communication shall also send it by email if the other party has provided a valid, Change of Address; Discovery of Invalid Email Address. A change of address, email address, telephone number, or person to receive notice may be made by either party by notice given to the other party. At any time that aj party discovers that the other party has provided it an email address that is not valid, the discovering party shall provide notice oft the discovery to the other d) Date Notice Deemed Given. Ifai notice is sent by United States mail, iti is deemed complete upon actual delivery or on the third day following the day on which it is deposited with the United States Postal Service, whichever occurs first. Notice is deemed given when both subsection (a) ) Addresses. Subject to change pursuant to subsection (d), the addresses for these notices, are:  working email address.  party, so thati it can substitute a valid email address.  and subsection (b) have been complied with.  TOTHE CITY: City of Greenville POI Box 7207 Greenville, NC: 27835 Attn: City Manager  DM# 1181686  Thel Ferguson Group, LLC - Contract for Lobbying Services  Page 4 of11  18    Vendor Name: The Ferguson Group Vendor Number: 5998  Contract #  WITH COPYTO: CITY ATTORNEY The Ferguson Group, L.L.C. (Washington D.C.) 1901 Pennsylvania Avenue, N.W. Suite 700  TOTHE TFG: Washington, DC: 20006 WITH COPYTO: Registered Agents, Inc. 4030 Wake Forrest Road, Ste 349 Raleigh, NC 27609  9. TERMINATION. Either TFG or the CITY may terminate this Agreement at any time by giving the 10. MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM. The CITY has adopted an Affirmative Action and Minority and Women Business Enterprise Plan (M/WBE) Program. TFG attests that it also will make a good faith effort to ensure equality of opportunity in all aspects of employment 11. TITLE VI NONDISCKIMINATION. TFG, its assignees and successors in interest, agrees that in the performance oft these services that it shall comply with the requirements of Title VIof the Civil Rights Act of1964 and other pertinent Nondiscrimination Authorities, as cited in Appendix A to this Agreement and will: not discriminate ini its hiring, employment, and contracting practices with reference to political affiliation, genetic information, sexual orientation, age, sex,1 race, color, religion, national origin, handicap 12. E-VERIFY. TFG shall comply with the requirements of Article 2 of Chapter 64 oft the North Carolina General Statutes. Further ifTFG utilizes a Subcontractor, TFG shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 ofthe North Carolina General Statutes. TFG represents that TFG and its Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of 13. AMENDMENTS AND WAIVER. No waiver, alterations, consent or modification of any of the provisions oft this Agreement shall be binding unless in writing and signed by the CITY and' TFG. 14. CHOICE OF LAW; VENUE. This Agreement is deemed to be under and shall be governed by and construed according to the laws of the State of North Carolina and the ordinances of the CITY of Greenville. The exclusive forum and venue for all actions, suits or proceedings arising out of or related totl this Agreement shall be the North Carolina General Courts of Justice, in Pitt County, or ifin federal 15. PERFORMANCE OF GOVERNMENT FUNCTIONS. Nothing contained in this Agreement shall be deemed or construed sO as to in any way estop, limit, or impair the CITY from exercising or performing 16. ASSIGNMENT. There shalll bei no assignment, subletting or transfer of thei interest (including payments) ofTFG in any oft the services covered by the Agreement without the written consent of the CITY. Unless the CITY agrees otherwise in writing, TFG and all assignees shalll bes subject to all ofthe CITY's defenses and shall bel liable for all ofTFG's duties that arise out of this Agreement and all oft the CITY's claims that arise out of this Agreement. Without granting TFG the right to assign, it is agreed that the duties of TFG that arise out of this Agreement shall be binding upon it and its heirs, personal representatives,  other at least thirty (30) days' written notice ofs such termination.  and to utilize MWBE suppliers of materials and labor when available.  or disability.  the North Carolina General Statutes.  court, in the Eastern District ofNorth Carolina.  any regulatory, policing, legislative, governmental, or other powers or functions.  successors, and assigns.  17. INDEMNITY AND HOLD HARMLESS REQUIREMENTS.  DM# 1181686  Thel Ferguson Group, LLC- Contract for Lobbying Services  Page 5of11  19    Vendor Name: The Ferguson Group Vendor Number: 5998  Contract #  a) To the maximum extent allowed by law, TFG shall defend, indemnify, and save harmless Indemnitees from and against all Charges that arise in any manner from, in connection with, or out ofthis Agreement as a result of negligent acts or omissions ofTFG or its subcontractors or anyone directly ori indirectly employed by any oft them or anyone for whose acts any of them are bel liable. In performing its duties under this subsection "a,"TFG shall ati its sole expense defend b) Definitions. As used in subsections "a" above and "c" below - "Charges" means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, and expenses (including without limitation within "Charges" are interest and reasonable attorneys' fees assessed as part ofany such item). "Indemnitees" means CITY and its officers, officials, independent contractors, agents, and employees, excluding TFG. c) Other Provisions Separate. Nothing in this section shall affect any warranties in favor of the CITY that are otherwise provided in or arise out ofthis Agreement. This section isi in addition to and shall be construed separately from any other indemnification provision that may be in this d) Survival. This section shall remain in force despite termination ofthis Agreement (whether by expiration oft the term or otherwise) and termination oft the services oft the Contractor under this e) Iti is understood and agreed by the parties that the CITY will assume no liability for damages, injury, or other loss to TFG, its employees or property, tools or equipment, or to other persons or properties located on CITY facilities resulting from TFG's activities and operations while performing services under this contract; except to the extent that such damages, injury, or other loss results from the negligence or intentional misconduct of the CITY, its officers, officials, independent contractors, agents, or employees. TFG shall assume full and complete liability for any and all damages to CITY or private properties caused by or from its activities, operations, TFG will promptly notify the CITY ofany Civil or Criminal Actions filed against TFG or ofany noticeofviolation: from any Federal or State Agency or ofany claim as soon: as practical as relates to the services provided. The CITY, upon receipt of such notice, shall have the right, at its  Indemnitees with legal counsel reasonablyacceptable to CITY.  Agreement. Agreement.  and that ofi its employees, agents, and officers.  election, to defend any and all actions or suits or join in defense.  18. CONFIDENTIALITY. Proprietary or confidential information ("confidential information") developed or disclosed by either party under this agreement shall be clearly labeled and identified as confidential information by the disclosing party at the time of disclosure. Confidential Information shall not be disclosed to the extent allowable by law by the receiving party to any other person except to those individuals whoi need access to such Confidential Information as needed to ensure proper performance of Neither party shall be liable for disclosure or use ofConfidential Information which: (1)isorwasl known by the receiving party at the time of disclosure due to circumstances unrelated to this agreement; (2)i is generally available to the public without breach ofthis agreement; (3)is disclosed with the prior written approval oft the disclosing party; or (4)isr required tol ber released by applicable law or court order. Eachj party shall return all Confidential Information relating to this agreement tot the disclosing party upon request oft the disclosing party or upon termination ofthis agreement, whichever occurs first. Each party shall have the right to retain a copy ofthe Confidential Information for its internal records and subject to ongoing compliance with the restrictions set forth in this Section. This Section shall survive termination  the Services.  ofthisa agreement. DM# 1181686  Thel Ferguson Group, LLC - Contract for Lobbying Services  Page 6of11  20    Vendor Name: The Ferguson Group Vendor Number: 5998 19. CONFLICTOFI INTEREST.  Contract #  a) TFG is aware of the conflict of interest laws of the CITY (as set forth in North Carolina General Statutes) and agrees that it will fully comply in all respects with the terms thereof and any future b) TFG covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with the CITY.TFG further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to the Scope of Work ors services provided hereunder. Any such conflict ofi interest(s) on the partofTFG, its employees C) TFG shall disclose any possible conflicts ofinterest or apparent improprieties of any party under or in connection with the Legal Requirements, including the standards for procurement. d) TFG shall make any such disclosure to the CITY in writing and immediately upon TFG's discovery ofsuch possible conflict. The CITY's determination regarding the possible conflict ofinterest shall No employee, agent, contractor, elected official or appointed official oft the CITY, exercising any functions or responsibilities in connection with this Agreement, or who is in a position to participate in the decision-making process or gain inside information regarding activities, has any personal financial interest, direct or indirect, in this Agreement, thej proceeds hereunder, the Project or TFG, either for themselves or for those with whom they have family or business ties, during 20. DISPUTE RESOLUTION. Int the event of any dispute arising out of or relating to this agreement, the affected party shall notify the other party, and the parties shall attempt in good faith to resolve the matter within thirty (30) days after the date such notice is received by the other party (the "Notice Date") prior 21. AUTHORITYTOCONTRACT. The undersigned hereby certifies that this Agreement is made without prior understanding, agreement, or connection with any corporation, firm, orj person who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to TFG, the undersigned hereby warrants and certifies that they are authorized to enter into this Agreement 22. GENERAL COMPLIANCE WITHLAWS. TFG shall materially comply with all applicable Federal, State, and local laws, ordinances, rules, and regulations pertaining to the performance ofs services under 23. IRAN DIVESTMENT ACT CERTIFICATION. TFG hereby certifies that it is not on the Iran Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. $ 147-86.58. TFG shall not utilize int the performance ofthe Agreement any subcontractor that is dentified on the Iran Final 24. ENTIRE AGREEMENT. This Agreement, including any Exhibits hereto, contains all the terms and conditions agreed upon by the parties with respect to the subject matter covered by this Agreement. No promises, agreements, conditions, inducements, warranties, or understandings, written or oral, expressed ori implied, between the parties, other than as set forth or referenced in this Agreement shall be deemed  amendments.  or associated persons or entities shall be disclosed to the CITY.  bel binding on all parties.  their tenure or for one year thereafter.  toe exercising their rights under law.  and to execute same on behalf ofTFG as the act oft the said TFG.  this Agreement.  Divestment List.  to exist or to bind either party hereto.  DM# 1181686  Thel Ferguson Group, LLC- Contract forl Lobbying Services  Page 7of11  21    Vendor Name: The Ferguson Group Vendor Number: 5998  Contract #  25. SEVERABILITY. No waiver of any breach of this Agreement shall operate as a waiver of any similar subsequent breach or any breach of any other provision of this agreement. If any provision of this Agreement is heldi invalid by a court of competent jurisdiction, such provision shall bes severed from this Agreement and to the extent possible, this Agreement shall continue without affecting the remaining 26. COUNTERPARTS. This Agreement may be executed in counterparts, and the counterparts, taken 27. THIRD PARTY RIGHTS. No Third Party Rights Created. This Agreement is intended for the benefit 28. CITY MANAGER'S AUTHORITY. To the extent, if any, the CITY has the power to suspend or terminate this contract or the Consulan/Contactors services under this Agreement, that power may be 29. E-SIGNATURE, AUTHORITY. Thej parties hereto consent and agree that this agreement may be signed and/or transmitted by facsimile, e-mail ofa. pdf document or using electronic signature technology (e.g., vial DocuSign or similar electronic signature technology), and that such signed electronic record shall be valid and as effective to bind the party sO signing as a paper copy bearing such party's hand written signature. The parties further consent and agree that (1) to the extent a party signs this document using electronic signature technology, by clicking "sign", such party is signing this Agreement electronically, and (2) the electronic signatures appearing on this Agreement shall be treated forj purposes of validity,  provisions.  together, shall constitute the original. oft the CITY and TFG and not any other person. exercised by the CITY Manager or their designee.  enforceability and admissibility, the same as hand-written signatures  (REMAINDER OF)THIS PAGE: LEFT INTENTIONALLY BLANK  DM# 1181686  Thel Ferguson Group, LLC - Contract for Lobbying Services  Page 8 of11  22    INWITNESS) WHEREOF, thej parties hereto have sett their hands ands seals on the dates written below and the undersigned hereby warrants and certifies that they haver read the Agreement ini its entirety, understand ita and agree tol bel bound by all the terms and conditions stated herein. Further, they warrant and certify they are authorized to enteri intot this Agreement and to execute same on behalfo of the parties as the act oft thes said parties.  THE FERGUSON GROUP, L.L.C.( (WASHINGTON, D.C.)  By: Title:  CITY OF GREENVILLE  By: Title:  APPROVED. ASTOI FORM:  BY:  CITY Attorney or Designee (Designee means Assistant CITY Attorney)  PRE-AUDIT CERTIFICATION:  This instrument has been pre-audited in the manner: required by the Local Government Budget and Fiscal  Control Act. BY:  Date:_  Jacob. Joyner, Director ofF Financial Services Account Number: 010-01-05-00-000-000-000-521500 Project Code (ifa applicable): N/A  DM# 1181686  The Ferguson Group, LLC- Contract for Lobbying Services  Page 9 of11  23    APPENDIXA  who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the USDOT, as appropriate, and will set forth what efforts itl has made to obtain the information. (5) Sanctions for Noncompliance: In the event ofa contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the USDOT may determine to be appropriate, contract until the contractor complies; and/or  Title VI of the Civil Rights Act of 1964 Nondiscrimination Provisions, Appendices A &E. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor")agrees: as follows: (1) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to of the U.S. Department of Transportation time, which are herein incorporated by reference and made aj part of this contract. (2) Nondiscrimination: The contractor, with regard tot the work performed byi it during the contract, will not discriminate on the grounds of race, color, national origin, sex, age, creed (religion), low- income, limited English proficieney,ordisabiliy in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of49 CFRI Part 21. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds ofrace, color, or national origin. (4) Information and Reports: The contractor will provide all information and reports required by . the Acts, the Regulations, and directives issued pursuant thereto and will permit access toi its books, records, accounts, other sources ofinformation, and its facilities as may be determined by the Recipient or the USDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required ofa isi in the exclusive possession ofanother  including, but not limited to:  Nondiscrimination in Federally-assisted programs (a) withholding payments to the contractor under the (USDOT), as they may be amended from time to (b) cancelling, terminating, or suspending a contract, in  whole or in part.  (6) Incorporation of Provisions: The contractor will include the provisions of paragraphs one through sixi in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as thel Recipient or the USDOT may direct as ai means of enforcing such provisions including sanctions for noncompliance. Provided, that ift the contractor becomes involvedi in, ori is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect thei interests of the Recipient. In addition, the contractor may request the United States to enter into thel litigation toj protect thei interests of the United States. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities;  I.  including but not limited to: Pertinent Nondiscrimination Authorities  Title VIo oft the Civil Rights Act of 1964 (42U.S.C. $ 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. $ 4601), (prohibits unfair treatment of  origin); and 49 CFR Part 21.  persons displaced or whose  has been  contractor DM# 1181686  property  The Ferguson Group, LLC- Contract for Lobbying Services  Page 10 of11  24    acquired because of Federal or Federal-aid Federal-Aid Highway Act of 1973, (23 U.S.C. $. 324 et seq.), (prohibits discrimination on the basis Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. $ 794 et seq.), as amended, (prohibits . discrimination on the basis of disability); and 49 The. Age Discrimination Act of 1975, as amended, (42U.S.C. $6101 ets seq.), (prohibits discrimination Airport and Airway Improvement Act of 1982, (49 USC471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national The Civil Rights Restoration Act of1987,(PL100- 209), (Broadened the scope, coverage and applicability ofTitle VIoft the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition oft the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are. Federally funded or not); Titles II and III oft the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131-12189) as implemented by  Department of Transportation regulations at 49 The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. $ 47123) (prohibits discrimination on thel basis ofrace, color, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). Toe ensure compliance withTitle VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Titlel IX of the Education Amendments of amended, which prohibits you from discriminating because of sex in education programs or activities Federal transit laws, specifically 49 U.S.C. $ 5332 (prohibiting discrimination based on race, color, religion, national origin, sex (including gender identity), disability, age, employment, or business  programs and projects);  C.F.R. parts 37 and 38;  ofsex);  national origin, and sex);  CFR Part 27;  on thel basis ofage);  income populations;  origin, or sex);  as 1972,  (20U.S.C. 1681 et seq);  opportunity).  DM# 1181686  The Ferguson Group, LLC- Contract for Lobbying Services  Page 11 of11  25    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Titleo of] Item: Explanation:  Pitt County Arts Council at Emerge Fiscal Year 2024-25 Contract for Services One of City Council's adopted strategic goals is to Expand Artistic, Cultural and Recreational Opportunities for our community. The City's partnership with the Pitt County Arts Council at Emerge serves as a strategic priority used to move this Council goal forward. The FY 2024-25 Contract for Services between the City and the Arts Council includes a work plan centered around tasks that work toward achieving this goal. The following are the priorities included in the work  plan forl FY 2024-25:  Arts Administration and Civic Arts Facilitation SmART City Program: The Emerald Loop  - Public Art Program  The following is a summary oft the key components for each of the priorities  identified:  ArtsAdministration and Civic Arts Facilitation  Continue as the Civic. Arts Facilitator for the City, serving as an advisor, liaison, and administrator for public art. This includes administering the Civic Arts Committee and the Greenville Mural Group. For specific nonscheduled projects that the City requests, there will be an additional 10% facilitator fee based on the estimated cost oft the public art. Manage the Greenway Sculpture Program, integrating the DownEast Sculpture Exhibition placements with donated and/or loaned sculptures along the Greenway. The Arts Council will monitor the public art, communicate with artists, and continue to plan expansions when realistic. Manage the call for artists for the rotating art for the City as part ofthe DownEast sculpture exhibition, and provide administrative oversight of call for artists, jurying, logistics, and honorarium. Research and plan to implement, inj partnership with the City of Greenville, al Multicultural Arts Festival on the Town Common, overseeing sponsorships, artists, vendors, logistics and mapping, volunteers and marketing and communication. Co-Coordinate the Youth Arts Festival on the Town Common, overseeing sponsorships, artists, vendors, logistics and mapping, volunteers and Oversee. Arts District planning for the Emerald Arts District, including  marketing and communication.  Item #8.  26    collaborating with the First Friday ArtWalk, and district-wide Serve as ai representative on the African American Cultural Trail Serve as the fiscal agent and umbrella organization for the Black Creatives Conduct the Greenville-Pitt County Americans for the Arts Economic Present to City Council any planned public arts projects on City of  programming. Committee. ofPitt County. Impact oft the Arts Study. Greenville property Public Art] Program  Coordination of the rental ofs sculptures as part oft the DownEast Sculpture Ar new piece of public art in the Greenville City limits, or preparation fora public art project ifthe funding is combined to the next year. Administration oft the Public Art conservation and maintenance fund.  Exhibition.  SmART City Program: The EmeraldLoop  Coordinate the SmART City project, specifically the Emerald Loop, overseeing all planning, implementation, budgeting, and fundraising. Oversee any private and other public grant funds dedicated to the Emerald Collaborate with the African American Cultural Trail of Greenville-Pitt County to coordinate efforts to help connect the Emerald Loop and the African American Cultural Trail and reinforce the marketing, visibility, Coordinate the planning and implementation oft the Emerald Loop Public The contract for FY 2024-25 provides for a list of deliverable projects based on the priorities listed above. The following is a summary oft the projects as  Loop project.  and many of the stops on the Trail.  Art Projects.  included in the contract:  DownEast Sculpture Exhibition rotation implemented New location in Greenville determined for DownEast Sculpture Exhibition Dave Mirra Sculpture at Jaycee Park installed and dedicated New public art project in conjunction with Youth Public Arts Program Overseeing the Emerald Loop Lighting Plan, serving as the liaison between the lighting designer and public and private entities to help Emerald Express Trolley rentals and promotion for First Friday ArtWalks. Designs fori intersection murals for Reade/Dickinson and 3 on sth Street  Greenway Public Art maintained  planned  coordinate a district wide lighting plan. Brightspeed radio tower lighting implemented Continue to embellish the Emerald Express.  Item #8.  27    Possible implementation ofi intersection murals after street improvements. Continued plans for the design of Emerald Express Trolley Stops and 2 Continued planning for possible artwork in coordination with the BUILD project on West 5th Street and Dickinson Avenue. Planning for additional public art on the Emerald Loop Route.  other Sheltered Benches.  Fiscal Note:  The cost oft the contract is $100,000 for Fiscal Year 2024-25. The cost oft the  contract is included in the Fiscal Year 2024-25 Budget.  Recommendation: Approve the Fiscal Year 2024-25 Contract for Services and authorize the City  Manager to execute the Contract with the Pitt County Arts Council at Emerge  ATTACHMENTS  COG-#1949S0-vl-Art.Coumdil.Contract.2024-25.pdr  Item #8.  28    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  Greenville NORTH CAROLINA Find yourself in good company  AGREEMENT FOR CONTRACTOR SERVICES  PUBLIC ARTS SERVICES  THIS AGREEMENT ("Agreement") made and entered into on this date  by and between the CITY OF GREENVILLE, North Carolina, a North Carolina municipal corporation, with offices located at 200 West Fifth Street, Greenville, Pitt County, North Carolina (hereinafter referred to as the "CITY") and EMERGE GALLERY & ART CENTER DBA PITT COUNTY ARTS COUNCIL AT EMERGE, a North Carolina not-for-profit, charitable organization recognized by the IRS as a 5010)0)comporation, with: aj principal office located at 404 Evans Street, Greenville, Pitt County, North Carolina, 27858 (hereinafter referred to as "ARTS COUNCIL");  WITNESSETH:  WHEREAS, enhancing the quality of life in Pitt County by promoting artists and art organizations, educating through the arts, and making the arts accessible to the entire community is WHEREAS, the CITY is committed to making available financial resources for the services outlined herein and pursuant to North Carolina General Statute ("NCGS") $ 160A-20.1, the CITY isa authorized to contract with and appropriate money to individuals, associations, or corporations, including not-for-profits, to carry out any public purpose that the CITY is authorized to engage in WHEREAS, the parties desire to reduce to writing their agreements with respect thereto. NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forthl herein, and other good and valuable consideration passing from each party to the other, receipt of which is hereby respectively acknowledged by each of the parties hereto, ARTS COUNCIL and  beneficial to all residents of the City of Greenville and the County of Pitt; and  by law; and  CITY do hereby agree each with the other as follows:  1. SCOPE OF AGREEMENT. It is the intent of this Agreement to define the contractual relationship between the CITY and the ARTS COUNCIL to the publicize the economic, educational, social, and cultural benefits ofthe. ARTS COUNCIL, assist inj promoting the arts to business and residents as an economic driver, and provide information on an ARTS COUNCIL district plan to key stakeholder groups for community acceptance and buy-in to create aj parent  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 1 of17  29    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  organization fort thea arts. The ARTSCOUNCIL will collaborate with the cry'splamingefforts: to improve the quality of life in Greenville. ARTS COUNCIL shall use any approved appropriation and expenditure in carrying out these services during the subject fiscal year in which funds are appropriated. More specifically, the ARTS COUNCIL affirmatively represents its shall provide program services that must fulfill a public purpose related to same through the  following activities:  a) Arts Administration and Civic Art Facilitation: The ARTS COUNCIL will continue to serve the CITY by administering the following arts services as the Civic Art Facilitator and  Countywide Arts Council ($40,000):  Develop, promote and support the arts in the CITY. grow our arts within the community.  ii) Serve as the voice for artists and arts organizations to better engage, support, and iii) Partner and plan with stakeholders and the CITY to ensure that the arts are aj part of future development, streetscapes, and plans within the community. iv) Continue as the Civic Arts Facilitator for the CITY, serving as an advisor, liaison, and administrator for public art. This includes administering the Civic Arts Committee and the Greenville Mural Group. For specific non-scheduled projects that the CITY requests, there will be an additional 10% facilitator fee based on the v) Seek additional funding for public art and arts programming throughout Greenville. vi) Manage the call for artists for the rotating art for the CITY as part of the DownEast sculpture exhibition, and provide administrative oversight of call for artists,jurying, vii) Manage the Greenway Sculpture Program, integrating the DownEast Sculpture Exhibition placements with donated and/or loaned sculptures along the Greenway. The ARTS COUNCIL will monitor the public art, communicate with vili) Plan and implement, inj partnership with the CITY, the Mosaic Multicultural Arts Festival on the Town Common, overseeing sponsorships, artists, vendors, logistics and mapping, volunteers and marketing and communication. ix) Plan and implement, inj partnership with the CITY the Youth Arts Festival on the Town Common, overseeing sponsorships, artists, vendors, logistics and mapping, x) Co-coordinate with the Convention and Visitors Bureau the First Friday ArtWalks, in partnership with the CITY coordinating the Emerald Express Trolley rides to enhance the economic development of our downtown district. xi) Oversee Arts District planning for the Emerald Arts District, including Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  estimated cost of the public art component.  logistics, honorarium and installation.  artists, and continue to plan expansions when realistic.  volunteers and marketing and communication.  DM# 1194950  Page 2of17  30    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  collaborating with the First Friday ArtWalks and district-wide programming. xii) Serve as the fiscal agent and umbrella organization for the Black Creatives of Pitt xiii) Serve as ai representative on the African American Cultural Trail.  County.  xiv) Oversee and implement the monthly Arts Organizations meeting with all organizations who do arts and cultural programming in Greenville and Pitt xV) Promote the Greenville-Pitt County Americans for the Arts Economic Impact of xvi) Present to City Council any planned public art projects on CITY property.  County. the. Arts Study.  Deliverables:  An annual work plan will be presented to the City Council for scheduled public art ARTS COUNCIL shall submit a presentation and sketch of each public art project An annual report will be presented to the CITY Administration showing the success  projects on public property as included in Appendix A. ("project") on public property to the City Council.  of the items listed above.  b) Public Art Program: The ARTS COUNCIL will oversee the Public Art Program for the  CITY ($20,000):  $10,000 for the "rental" of five to six sculptures located in the Uptown area, several locations along the Greenway, and another location within CITY limits. ii) $8,000 toward a public art piece (i.e. mural or sculpture) or toward the Public Art iii) $2,000 toward the Public Art conservation and maintenance fund administered by  Fund for a larger project another year. the ARTS COUNCIL.  Deliverables: Exhibition.  Coordination of the rental of sculptures as part of the DownEast Sculpture A new piece of public art in the Greenville CITY limits, or preparation for aj public Administration of the Public Art conservation and maintenance fund. Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  art project ift the funding is combined to the next year.  DM# 1194950  Page 3of17  31    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  ARTS COUNCIL shall submit a final sketch of each public art project ("project")  on public property to the City Council.  SMART CITY Program - The Emerald Loop: The ARTS COUNCIL will oversee and administer the Emerald Loop project in coordination with the CITY. The Emerald Loop is a multimodal urban arts trail that will connect Greenville's cultural gems including our artistic and cultural assets, diverse communities, and bring economic development to our Center CITY spurring tourism for our visitors and quality of life for our residents ($40,000): Coordinate the SmART City project, specifically the Emerald Loop, overseeing all 11) Oversee any private and other public grant funds dedicated to the Emerald Loop iii) Collaborate with the African American Cultural Trail of Greenville-Pitt County to coordinate efforts to help connect the Emerald Loop and the African American Cultural Trail and reinforce the marketing, visibility, and many of the stops on the iv) Coordinate the planning and implementation of the Emerald Loop Public Art  planning, implementation, budgeting, and fundraising.  project.  Trail.  Projects as included in Appendix B.  Deliverables:  An annual report will be submitted to CITY Administration.  ARTS COUNCIL shall submit a final sketch of each public art project ("project")  on public property to the City Council.  2. RELATIONSHIP OF PARTIES. The CITY and ARTS COUNCIL agree that the ARTS COUNCIL shall not represent itself as an officer, agent or employee of the CITY for any purposes. The ARTS COUNCIL has or will secure at its own expense, all personnel required to perform services under this Agreement. Such personnel shall not be employees of the CITY or have any contractual relationship with the CITY. The. ARTS COUNCIL agrees that all personnel engaged in the services under this Agreement shall be fully qualified and shall be authorized to  perform the services under this Agreement.  3. PAYMENT. For and in consideration of the services to be provided by the ARTS COUNCIL, as described in Section 1 of this Agreement, upon notice, aj public hearing, and approval of the appropriation and expenditure by the City Council of the CITY of Greenville, the CITY will provide aj payment up to $100,000(One Hundred Thousand Dollars and Zero Cents) to the ARTS  COUNCIL, broken down as follows:  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 4 of17  32    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  $40,000: $20,000: $40.000: $100,000: TOTAL  Administrative and Civic Art Facilitator Services SmART City Grant Match for EmeraldLoop  Public Art Program  The maximum amount to be paid by the CITY under this Agreement shall be based upon the CITY Funds available for the subject fiscal year. The payments up to $100,000 will be made quarterly, in equal installments, upon submission of an invoice and supporting documentation by the ARTS COUNCIL. The CITY shall not be obligated to pay the ARTS COUNCIL any payments, fees, expenses, or compensation other than those authorized by this section. The CITY, without affecting its other rights and remedies, may delay or cancel any or all of those payments for failure by the ARTS COUNCIL to comply with any of the provisions of this Agreement, including deadlines for submitting any accounting, audit, statement, information, record, documentation, or report. The CITY Manager or their designee shall have the authority to decide on behalf of the CITY whether the ARTS COUNCIL has complied with this  Agreement, including any attachments.  4. TERMOF CONTRACT. The term ofthis Agreement shall be one (1)year ("Term") according tot the CITY's fiscal calendar, beginning July 1, 2024 and ending June 30, 2025, unless earlier terminated herein. ARTS COUNCIL shall comply with all requirements imposed by this Agreement by June 30c of the end oft the Term oft the Agreement, except to the extent, if any, that  this Agreement indicates a different time for performance.  5. REPORTING.  a) In addition to other reporting requirements included herein, if requested in writing by the CITY with reasonable notice to the ARTS COUNCIL, the ARTS COUNCIL shall ini make all of the requested information available for inspection and audit by the CITY at any time b) Additionally, the ARTS COUNCIL will allow the CITY's Finance Director access to the records and information requested and will facilitate: ai review of the accounting and program operations as may be required. The CITY will have the right to conduct site visits within The ARTS COUNCIL shall retain financial and program records during the term of this Agreement, and for ai minimum period of three (3) years following the expiration or earlier d) Upon request, oral or written, of any member of the public, ARTS COUNCIL shall provide ac copy of its latest annual financial statement of its operations, which includes an account ofa all CITY Funds received from the CITY under this Agreement and all expenditures made  during workdays of the CITY.  one (1) week of a request to do SO. termination of this Agreement.  from CITY funds.  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 5of17  33    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  e) Material non-compliance with this section may be deemed a material breach of this 6. NON-APPROPRIATION OF FUNDS. The ARTS COUNCIL acknowledges that funding for this Agreement is conditioned upon appropriation and allocation by the governing body of sufficient funds to support the activities described in this Agreement. By written notice toA ARTS COUNCIL, at the earliest possible date, CITY may terminate this Agreement, in whole or in part, at any time for lack of appropriation of funds, or other withdrawal, reduction orl limitation in any way of the CITY's budget, funding or financial resources. Such termination isin addition to the CITY's rights to terminate for convenience or cause. Funding for this Agreement is subject to annual appropriation.  Agreement.  7. INSURANCE:  The. ARTS COUNCIL agrees to purchase at its own expense insurance coverages to satisfy the following minimum requirements. Insurance required shall remain in effect through the life of  this Agreement.  a. Commercial General Liability:  Limits:  Each Occurrence: Personal and Advertising Injury General Aggregate Limit  $1,000,000 $1,000,000 $2,000,000 $2,000,000  Products and Completed Operations Aggregate  b. Commercial Automobile Liability: Limits: $1,000,000 combined single limit.  Cancellation:  Each certificate ofinsurance shall bear the provision that the policy cannot be altered or canceled in less than ten (10) days after mailing written notice to the assured of  such alteration or cancellation, sent registered mail.  d. ProofofCarriages:  i. The ARTS COUNCIL shall provide the CITY with insurance industry standard ACCORD form Certificate(s) of Insurance on all policies of insurance and renewals thereofin a form(s) acceptable to the CITY prior to the commencement of services. Said policies shall provide that the CITY ii. All insurance policies shall be issued by responsible companies who are acceptable to the CITY and licensed and authorized to do business under  be an additional named insured. the laws of North Carolina.  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 6of17  34    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number: 8. NOTICE.  Contract #  a) All notices or communications required or permitted by this Agreement will be in writing and delivered via personal delivery, a recognized national overnight delivery service or by certified mail, return receipt requested, in addition, subsection (b) must be b) Additional Notice by Email. In addition to complying with subsection (a), the party giving notice or other communication shall also send it by email if the other party has c) Change of Address; Discovery of Invalid Email Address. A change of address, email address, telephone number, or person to receive notice may be made by either party by notice given to the other party. At any time that aj party discovers that the other party has provided it an email address that is not valid, the discovering party shall provide notice oft the discovery to the other party, sO that it can substitute a valid email address. d) Date Notice Deemed Given. If a notice is sent by United States mail, it is deemed complete upon actual delivery or on the third day following the day on which it is deposited with the United States Postal Service, whichever occurs first. Notice is deemed given when both subsection (a) and subsection (b) have been complied with. e) Addresses. Subject to change pursuant to subsection (d), the addresses for these notices,  complied with.  provided a valid, working email address.  are:  TOTHE CITY: City of Greenville PO Box 7207 Greenville, NC 27835 Attn: City Manager  WITH COPY TO: CITY ATTORNEY TOTHE ARTS COUNCIL: 404 Evans Street Greenville, NC 27858 Attn: Executive Director  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  9. REPAYMENT OF FUNDS. The ARTS COUNCIL shall only use public funds for public purposes and shall repay to the CITY the full amount of any CITY Funds lost, misapplied, unaccounted for, or inadequately accounted for in violation of this Agreement. This amount is  due and payable to the CITY within sixty (60) days of written notice.  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 7of17  35    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  10. TERMINATION. Upon a material breach of this Agreement by the other party, either party to this Agreement may terminate the Agreement by providing written notice to the other party at least thirty (30) days prior to the date of termination; provided, however, that if such breach is cured by the defaulting party within such thirty (30) day period, then such notice of termination shall have no further force or effect and the Agreement shall continue through its term. 11.N MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE PROGRAM. The CITY has adopted an Affirmative Action and Minority and Women Business Enterprise Plan (M/WBE) Program. The ARTSCOUNCIL attests thatitalso will make a good faith effort to ensure equality of opportunity in all aspects of employment and to utilize MWBE suppliers of materials and 12. TITLE VI NON-DISCRIMINATION. ARTS COUNCIL, its assignees and successors in interest, agrees that in the performance of these services that it shall comply with the requirements of Title VI of the Civil Rights Act of 1964 and other pertinent Nondiscrimination Authorities, as cited in Appendix C to this Agreement and will not discriminate in its hiring, employment, and contracting practices with referencet toj political affiliation, genetic information, sexual orientation, age, sex, race, color, religion, national origin, handicap or disability. 13.E-VERIFY. The ARTS COUNCIL shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further if the ARTS COUNCIL utilizes a Subcontractor, the ARTS COUNCIL shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. The ARTS COUNCIL represents that the ARTS COUNCIL and its Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statures.  labor when available.  14. AMENDMENTS AND WAIVER. No waiver, alterations, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the CITY and  ARTS COUNCIL.  15.0 CHOICE OFLAW; VENUE. This Agreement: is deemed to be under and shall be governed by and construed according to the laws of the State of North Carolina and the ordinances of the CITY of Greenville. The exclusive forum and venue for all actions, suits or proceedings arising out of or related to this Agreement shall be the North Carolina General Courts of Justice, in Pitt  County, or ifin federal court, in the Eastern District of North Carolina.  16. PERFORMANCEOF GOVERNMENT FUNCTIONS. Nothing contained int this Agreement shall be deemed or construed sO as toi in any way estop, limit, or impair the CITY from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions.  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 8 of17  36    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  17. ASSIGNMENT. There shall be no assignment, subletting or transfer of the interest (including payments) of the ARTS COUNCIL in any of the services covered by the Agreement without the written consent of the CITY. Unless the CITY agrees otherwise in writing, the ARTS COUNCIL and all assignees shall be subject to all of the CITY's defenses and shall be liable for all of the ARTS COUNCIL's duties that arise out of this Agreement and all of the CITY's claims that arise out of this Agreement. Without granting the ARTS COUNCIL the right to assign, it is agreed that the duties of the ARTS COUNCIL that arise out of this Agreement shall be binding  upon it and its heirs, personal representatives, successors, and assigns. 18. INDEMNITY AND HOLD HARMLESS REQUIREMENIS.  a) To the maximum extent allowed by law, the ARTS COUNCIL shall defend, indemnify, and save harmless Indemnitees from and against all Charges that arise in any manner from, in connection with, or out of this Agreement as a result of negligent acts or omissions of the ARTS COUNCIL or its subcontractors or anyone directly ori indirectly employed by any of them or anyone for whose acts any of them are be liable. In performing its duties under this subsection "a," the ARTS COUNCIL shall at its sole expense defend Indemnitees with legal counsel reasonably acceptable to CITY. b) Definitions. As used in subsections "a" above and "c"below. - "Charges" means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties, royalties, settlements, and expenses (including without limitation within "Charges" are interest and reasonable attorneys' fees assessed as part of any such item). Indemnitees" means CITY and its officers, officials, independent contractors, agents, C) Other Provisions Separate. Nothing in this section shall affect any warranties in favor of the CITY that are otherwise provided: in or arise out ofthis Agreement. This section isi in addition to and shall be construed separately from any other indemnification provision d) Survival. This section shall remain in force despite termination of this Agreement (whether by expiration of the term or otherwise) and termination of the services of the e) It is understood and agreed by the parties that the CITY will assume no liability for damages, injury, or other loss to the ARTS COUNCIL, its employees or property, tools or equipment, or to other persons or properties located on CITY facilities resulting from the ARTS COUNCIL's activities and operations while performing services under this contract; except to the extent that such damages, injury, or other loss results from the negligence or intentional misconduct of the CITY, its officers, officials, independent contractors, agents, or employees. The. ARTS COUNCIL shall assume full and complete  and employees, excluding the. ARTS COUNCIL.  that may bei in this Agreement.  Contractor under this Agreement.  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 9 of17  37    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  liability for any and all damages to CITY or private properties caused by or from its ARTS COUNCIL will promptly notify the CITY of any Civil or Criminal Actions filed against the ARTS COUNCIL or of any notice of violation from any Federal or State Agency or of any claim as soon as practical as relates to the services provided. The CITY, upon receipt of such notice, shall have the right, ati its election, to defend any and  activities, operations, and that ofi its employees, agents, and officers.  all actions or suits or join in defense.  19. CONFIDENTIALITY. Proprietary or confidential information ("confidential information") developed or disclosed by either party under this agreement shall be clearly labeled and identified as confidential information by the disclosing party at the time of disclosure. Confidential Information shall not be disclosed to the extent allowable by law by the receiving party to any other person except to those individuals who need access to such Confidential Information as Neither party shall be liable for disclosure or use of Confidential Information which: (1)isorwas known by the receiving party at the time of disclosure due to circumstances unrelated to this agreement; (2) is generally available to the public without breach of this agreement; (3) is disclosed with the prior written approval of the disclosing party; or (4) is required tol be released Each party shall return all Confidential Information relating to this agreement to the disclosing party upon request oft the disclosing party or upon termination ofthis agreement, whicheveroccurs first. Each party shall have the right to retain a copy of the Confidential Information for its internal records and subject to ongoing compliance with the restrictions set forth in this Section.  needed to ensure proper performance of the Services.  by applicable law or court order.  This Section shall survive termination of this agreement.  20. CONFLICT OF INTEREST.  a) ARTS COUNCIL is aware of the conflict of interest laws of the CITY (as set forth in North Carolina General Statutes) and agrees that it will fully comply in all respects with b) ARTS COUNCIL covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with the CITY. ARTS COUNCIL further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to the Scope of Work or services provided hereunder. Any such conflict of interest(s) on the part of ARTS COUNCIL, its employees or associated persons or entities shall be disclosed to the CITY. ARTS COUNCIL shall disclose any possible conflicts ofinterest or apparent improprieties of any party under or in connection with the Legal Requirements, including the standards  the terms thereof and any future amendments.  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 10of17  38    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  for procurement.  d) ARTS COUNCIL shall make any such disclosure to the CITY in writing and immediately upon the. ARTSCOUNCILS discovery of such possible conflict. The CITY's determination regarding the possible conflict ofinterest shall be binding on all parties. e) No employee, agent, contractor, elected official or appointed official of the CITY, exercising any functions or responsibilities in connection with this Agreement, or who is in a position to participate in the decision-making process or gain inside information regarding activities, has any personal financial interest, direct or indirect, in this Agreement, the proceeds hereunder, the Project or ARTS COUNCIL, either for themselves or for those with whom they have family or business ties, during their tenure  or for one year thereafter.  21. DISPUTE RESOLUTION. In the event of any dispute arising out of or relating to this agreement, the affected party shall notify the other party, and the parties shall attempt in good faith to resolve the matter within thirty (30) days after the date such notice is received by the  other party (the Notice Date") prior to exercising their rights under law.  22. AUTHORITYTOCONTRACT. .The undersigned hereby certifies that this Agreement isi made without prior understanding, agreement, or connection with any corporation, firm, or person who submitted bids for the Work covered by this Agreement and is in all respects fair and without collusion or fraud. As to ARTS COUNCIL, the undersigned hereby warrants and certifies that they are authorized to enter into this Agreement and to execute same on behalf of the ARTS  COUNCIL as the act of the said ARTS COUNCIL.  23. GENERAL COMPLIANCE WITH LAWS. The ARTS COUNCIL shall materially comply with all applicable Federal, State, and local laws, ordinances, rules, and regulations pertaining to  the performance of services under this Agreement.  24. IRANI DIVESTMENT ACT CERTIFICATION. The ARTS COUNCIL hereby certifies that, itisi not on the Iran Final Divestment List created by the North Carolina State' Treasurer pursuant tol N.C.G.S. $ 147-86.58. The ARTS COUNCIL shall not utilize in the performance of the Agreement any subcontractor that is identified on the Iran Final Divestment List.  25. ENTIRE AGREEMENT. This Agreement, including any Exhibits hereto, contains all the terms and conditions agreed upon by the parties with respect to the subject matter covered by this Agreement. No promises, agreements, conditions, inducements, warranties, or understandings, written or oral, expressed ori implied, between the parties, other than as set forth orreferenced in this Agreement shall be deemed to exist or tol bind either party hereto.  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 11 of17  39    Vendor Name: Emerge Gallery & Art Center DBA  Pitt County Arts Council at Emerge  Vendor Number:  Contract #  26. SEVERABILITY.NO waiver of any breach of this Agreement shall operate as a waiver of any similar subsequent breach or any breach of any other provision of this agreement. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be severed from this Agreement and to the extent possible, this Agreement shall continue  without affecting the remaining provisions. taken together, shall constitute the original.  27. COUNTERPARIS. This Agreement may be executed in counterparts, and the counterparts, 28. THIRD PARTY RIGHTS. No Third Party Rights Created. This Agreement: is intended for the  benefit of the CITY and the ARTS COUNCIL and not any other person.  29. CITY MANAGERSAUTHORITY. To the extent, ifa any, the CITY has the power to suspend or terminate this contract or the ConsulantContractors services under this Agreement, that  power may be exercised by the CITY Manager or their designee.  30. E-SIGNATURE AUTHORITY. The parties hereto consent and agree that this agreement may be signed and/ortransmitted by facsimile, e-mail ofa. pdf document or using electronic signature technology (e.g., via DocuSign or similar electronic signature technology), and that such signed electronic record shall be valid and as effective to bind the party SO signing as a paper copy bearing such party's hand written signature. The parties further consent and agree that (1) to the extent aj party signs this document using electronic signature technology, by clicking "sign", such party is signing this Agreement electronically, and (2) the electronic signatures appearing on this Agreement shall be treated for purposes of validity, enforceability and admissibility, the same as  hand-written signatures  (REMAINDER OF)1 THIS PAGE LEFT INTENTIONALLY BLANK  Emerge Gallery & Art Center DBA Pitt County Arts Council at Emerge  DM# 1194950  Page 12of17  40    IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates written below and the undersigned hereby warrants and certifies that they have read the Agreement in its entirety, understand it and agree to be bound by all the terms and conditions stated herein. Further, they warrant and certify they are authorized to enterintot this Agreement and to execute same on behalf  oft the parties as the act of the said parties.  PITT COUNTY ARTS COUNCIL AT EMERGE  By: Title:  CITY OF GREENVILLE  By: Title:  APPROVED AS' TOFORM:  BY:  CITY Attorney or Designee (Designee means Assistant CITY Attorney)  PRE-AUDIT CERTIFICATION:  This instrument has been pre-audited in the manner: required by the Local Government Budget and  Fiscal Control Act.  BY:  Date:  Byron Hayes, Director of Financial Services  Account Number Project Code (ifapplicable).  DM# 1181629  Pitt County Arts Council Contract for Services  Page 13of17  41    APPENDIX A  The following is the Civic Arts Work Plan art projects in the CITY of Greenville public  spaces forl Fiscal Year 2024-25:  1. DownEast Sculpture Exhibition rotation implemented  2. New location in Greenville determined for DownEast Sculpture Exhibition 4. Dave Mirra Sculpture at Jaycee Park installed and dedicated 6. - Emerald Loop Public Art Projects (See Appendix B)  3. Greenway Public. Art maintained  5. New public art project in conjunction with Youth Public Arts Program planned  Request to add additional projects to the Civic Arts Work Plan during the contract period shall be approved by Council in a City Council meeting following aj presentation of the public art in the  workshop presented the month before.  DM# 1181629  Pitt County Arts Council Contract for Services  Page 14 of17  42    APPENDIXB  The following is the Emerald Loop Work Plan art projects in the CITY of Greenville public  spaces for Fiscal Year 2024-2025:  1. Overseeing the Emerald Loop Lighting Plan, serving as the liaison between the lighting designer and public and private entities to help coordinate a district wide lighting plan.  2. Brightspeed radio tower lighting implemented 4. Continue to embellish the Emerald Express.  3. Emerald Express Trolley rentals and promotion for First Friday ArtWalks. 5. Designs for Intersection Murals for Reade/Dickinson, and 3 on 5th Street. 6. Possible implementation of Intersection Murals after street improvements. 7. Continued plans for the design of Emerald Express Trolley Stops and 2 other Sheltered 8. Continued planning for possible artwork in coordination with the BUILD project on West  Benches.  5th Street and Dickinson Avenue.  9. Planning for additional public art on the Emerald Loop Route.  Request to add additional projects to the Emerald Loop Implementation Plan during the contract period shall be approved by Council in a City Council meeting following aj presentation of the public  art in the workshop presented the month before.  DM# 1181629  Pitt County Arts Council Contract for Services  Page 15 of17  43    APPENDIXC &E.  (4) Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the USDOTI tol be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where anyinformation required ofac contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will SO certify to the Recipient or the USDOT, as appropriate, and will set forth what efforts it has made to obtain the information. contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: the contract until the contractor complies;  Title VI of the Civil Rights Act of 1964 Nondiscrimination Provisions, Appendices A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the 'contractor") agrees as follows: (1) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally- assisted programs of the U.S. Department of Transportation (USDOT), as they may be incorporated by reference and made a part of (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds (religion), low-income, limited English proficiency, or disability in the selection and retention of subcontractors, including equipment. The contractor will not participate prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, orr negotiation made by the contractor for work tol be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified byt the contractoroft the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race,  amended from time to time, which are herein (5) Sanctions for Noncompliance: In the event ofa  this contract.  of race, color, national origin, sex, age, creed (a) withholding payments to the contractor under  and/or  procurements of materials and leases of (b) cancelling, terminating, or suspending a directly or indirectly in the discrimination (6) Incorporation of Provisions: The contractor  contract, in whole or in part.  will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the USDOT may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation byas subcontractor,or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United  Part 21.  color, or national origin.  States.  DM# 1181629  Pitt County Arts Council Contract for Services  Page 16 of17  44    I.  During the performance of this contract, the contractor, fori itself, its assignees, and successors in interest (hereinafter referred toas the 'contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:  whether such programs or activities are Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 88 12131-12189) as implemented by Department of Transportation regulations at 49 The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. $47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmentale effects on minorityand Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (701 Fed. Reg. at 74087 Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq); Federal transit laws, specifically 49 U.S.C. $ 5332 (prohibiting discrimination based on race, color, religion, national origin, sex (including gender identity), disability, age, employment, or  Federally funded or not);  Pertinent Nondiscrimination Authorities  Title VI of the Civil Rights Act of 1964 (42 U.S.C. $ 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color,. national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid Federal-Aid Highway Act of 1973, (23 U.S.C. $324 et seq.), (prohibits discrimination on the Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 8 794 et seq.), as amended, (prohibits discrimination on the basis of. disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42U.S.C. 8 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC $ 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL. 100-209), (Broadened the scope, coverage and applicability of Title VIC of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,  C.F.R. parts 37 and 38;  programs and projects); basis of sex);  low-income populations;  to7 74100);  business opportunity).  DM# 1181629  Pitt County Arts Council Contract for Services  Page 17 of17  45    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item:  Contract award for the 2024 Stormwater Repairs Project and approval ofTask Order #61 for Construction Engineering and Inspection (CEI) and Construction The 2024 Stormwater Repairs Project was advertised for bids on April 23, 2024, with the bid opening scheduled for May 14, 2024. Only one bid was received. Per State statute, staff scheduled a second bid opening for May 22, 2024. Two bids were: received at the second bid opening. Trader Construction Company was the lowest responsible, responsive bidder ini the amount of The contract provides fori repairs and replacement of stormwater pipes, as well as cast inj place lining and maintenance of underground existing pipe systems in Greenville. Al bid summary (attachment 1) and list oft the project locations to be Task Order #6 under the City's CEI and CMT On-Call Contract with TranSystems provides inspection and materials testing services for the 2024 Stormwater Repairs Project. The estimated cost for this task order is $193,220. The proposed budget for the 2024 Stormwater Repairs Project, including a 15% contingency, is $1,279,035.75 and the contract amount for Task Order #6 is $193,220.00. Both contracts will be funded through the Stormwater Utility Fund  Materials Testing (CMT)On-Call Contract  Explanation:  $1,112,205.00.  completed (attachment 2) are attached.  Fiscal Note:  as approved by City Council.  Recommendation: City Council award the contract for the 2024 Stormwater Repairs Project to  Trader Construction Company of New Bern, NC for the base bid plus contingency in the amount of $1,279,035.75 and approve Task Order #6 under the on-call contract with TranSystems in the amount of $193,220.00.  ATTACHMENTS  2024 Stormwater Repairs Project Bid Summary Attachment 1.pdf 2024 Stormwater Repairs Street List Attachemnt 2.pdf  Item #9.  46    Attachment 1  2024 Stormwater Repairs Contract BID SUMMARY SHEET City of Greenville, North Carolina Engineering Division Bid Opening: May 22, 2024 @ 10:00 a.m.  Rec'd Addendums 1&2  5% Bid M/WBE NCA Bond Submitted Submitted  Form  Contractor  Total Base Bid/Alternates  Yes No Yes No Yes No Yes No  Crumb Construction  X X  X X  X X  X X  Base Bid: $1,165,182.90 Base Bid: $1,112,205.00  Trader Construction Company  S    Attachment: 2  2024 Stormwater Repairs Project Street List  Base Bid: Hooker Rd. West3rdSt. Cemetery Rd. Quarterpath Dr. Maple St. John Hopkins Dr. Woodwind Dr.  Alternates: South' Woodlawn Ave. Summer PL. East Rountree Dr. North Overlook Dr. Edgewood Ct. Courthouse Sq. Shiloh Dr. MelodyLn. Wyneston Rd. Lawrence St.  48    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Titleo of] Item: Explanation:  Various Tax Refunds Greater' Than $100  Pursuant to North Carolina General Statute 105-381, refunds arel being reported to City Council. These are: refunds created by a change or release of value for City of Greenville taxes by the Pitt County Tax Assessor. Pitt County Commissioners have previously approved these refunds; they are before City Council for their approval as well. These refunds will be reported as they occur The Director of Financial Services reports refunds oft the following taxes:  when they exceed $100.  Payee  Adjustment Refunds Registered Motor Vehicle Registered Motor Vehicle  Amount  Little, Cory Alan Tripp, Graydon Williamson  496.19 393.42 369.01 347.10 277.01 275.77 260.45 254.67 230.53 214.87 211.03 203.32 190.94 190.08 169.74 143.11 136.55 135.88 135.67 131.06 123.67  Edwards, Vickie Allen Registered Motor Vehicle Scott, Cecelia Elizabeth Registered Motor Vehicle Jones, Kenneth Wayne Registered Motor Vehicle  Terry Ng CPA PLLC Spruill, Reshonda Marquita  Registered Motor Vehicle Registered Motor Vehicle  Bullock, Randy Odell Registered Motor Vehicle Moses, Kevin Leander Registered Motor Vehicle Jones, Margaret Lewis Registered Motor Vehicle Johnson, Erika Katherine Registered Motor Vehicle Food, Global Soul Inc Registered Motor Vehicle Bailey, Eddie Everette Registered Motor Vehicle Russell, Paul Stephen Registered Motor Vehicle Forehand, David Richard Registered Motor Vehicle Furr, Albert Eugene Jr Registered Motor Vehicle Spruill, Wilma Brown Registered Motor Vehicle Joyner, Beverly Koren Registered Motor Vehicle Carlyle, Carolyn Holder Registered Motor Vehicle  Sutton, Gordon Lee  Registered Motor Vehicle  Eagan, Sheena Marie  Registered Motor Vehicle  Item #10.  49    Duenas, Raymond Mendiola Britt, Trenton Daniel Sapkota, Jhapendra Tyer, Edward Junior Harrell, Robert Earl  Registered Motor Vehicle Registered Motor Vehicle Registered Motor Vehicle Registered Motor Vehicle Registered Motor Vehicle  122.63 119.63 118.71 117.89 117.16 109.02 104.86 102.32 102.02 869.06  Freeman, Gerald Martice Registered Motor Vehicle Pittman, Johnny Allan Jr Registered Motor Vehicle Millaway, Jennifer Denise/Registered Motor Vehicle Walker, James Reeve Jr Registered Motor Vehicle Forehand, David Richard Individual Property Taxes The total amount refunded is $6,773.37  Fiscal Note:  Recommendation: Approval of taxes refunded by City Council  Item #10.  50    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item:  Public Hearing on the Proposed Fiscal Year 2024-25 City ofC Greenville Budgets Including Sheppard Memorial Library, the Pitt-Greenville Convention & Visitors Authority, Greenville Utilities Commission and a Public Hearing tol be Held Concurrently on Proposed Stormwater Management Utility Rate Increase Attached are the Fiscal Year 2024-25 Proposed City of Greenville and Greenville Utilities Commission Budget Ordinances. The City Council is required by Section 159-12 ofthe North Carolina General Statutes tol hold aj public hearing before adopting the budget ordinances. The City of Greenville's budget ordinance also includes Sheppard Memorial Library and Pitt-Greenville Its should be noted that the required public hearing on the proposed stormwater management utility rate increase will bel held concurrently with the public hearing on the proposed Fiscal Year 2024-25 budgets as authorized by North The following is a summary of changes that have been made to the 2024-25 Proposed Budget based on Council motions adopted at the May, 2024 Council  Explanation:  Convention & Visitors Authority.  Carolina General Statute 160A-314.  meetings:  Additional $200 thousand tol Public Safety Pay Adjustments Additional $95 thousand towards hiring a full-time Sustainability Reflects a Proposed Property Tax Rate of39.54 cents to fund the  Coordinator  additional changes to the budget.  The attached ordinances are submitted for consideration at the City Council's The City of Greenville Fiscal Year 2024-25 budget ordinance for the City's operating funds provides revenues and appropriations for the following:  June 10, 2024 meeting.  Fiscal Note:  General Debt Service Public Transportation (Transit) Fleet Maintenance Sanitation  $112,819,004 7,368,819 5,094,474 6,523,088 9,492,950  Item #11.  51    Stormwater Utility Housing Health Vehicle Replacement Facilities Improvement  13,514,558 1,975,598 14,376,386 3,601,408 1,200,000  The City of Greenville's Fiscal Year 2024-25 budget ordinance also includes revenues and appropriations for Sheppard Memorial Library and Pitt-Greenville  Convention and Visitors Authority as follows: Sheppard Memorial Library Fund Pitt-Greenville Convention & Visitors Authority  3,233,591 2,055,832  The Greenville Utilities Commission's Fiscal Year 2024-25 budget ordinance  provides revenues and appropriations for the following:  Operating Revenues  302,227,045  Recommendation: Receive staff presentations and conduct aj public hearing on the proposed budgets  for Fiscal Year 2024-25, including the concurrent public hearing on the  stormwater management utility rate increase.  ATTACHMENTS  FY2024-25 Budget Public Hearing.pdf 2025 Draft Budget Charts.pdf COG 2025 Budget Ordinance.XLSX GUC Budget Packet 24-25 May City Council.pdf Manual of Fees Effective July 1 2024.pdf  Item #11.  52    Greenville  NORTH CAROLINA  Find yourself in good companye  m  FISCAL YEAR 2024-25  PROPOSED BUDGET PUBLIC HEARING  53    CITY OF GREENVILLE  FY2024-25 PROPOSED BUDGET  ALL FUNDS  Budget  FY2024-25  City Operating Funds  175,966,285  0% 1%  Greenville Utility Commission  302,227,045  36%  63%  Convention & Visitors Authority  2,055,832  Sheppard Memorial Library  3,233,591  Total All Funds  483,482,753  City Operating Funds  Greenville Utility Commissio  Convention & Visitors Authority :s Sheppard Memorial Library    CITY OF GREENVILLE  FY2024-25 PROPOSED BUDGET CITY OPERATING FUND OVERVIEW  64% of Operating Funds  8.9% 2.2%0.7%  1.2% 7.4% 5.8% 3.9% 2.3%  Budget FY2024-25 $ 112,819,00  General Debt Service Transit  7,368,819 5,094,474 6,523,088 9,492,95 13,514,55 1,975,59 14,376,38 3,601,40 1,200,00 $ 175,966,28  FleetMaintenance Sanitation Stormwater Housing Fund Health Insurance Vehicle Replacement Facilities Improvement Total All Funds  4.3%  63.3%  General Sanitation  - Debt Service Stormwater  Transit Housing Fund  Fleet Maintenance Health Insurance  Vehicle Replacement - Facilities Improvement    CITY OF GREENVILLE  FY2024-25 BUDGET HIGHLIGHTS  The 2024-25 Proposed Budget is a Strong Reflection of the  City's Mission:  To Provide All Citizens With High-Quality Services in an  Open, Inclusive, Professional Manner, Ensuring a  Community of Excellence Now and in the Future.    CITY OF GREENVILLE  FY2024-25 BUDGET HIGHLIGHTS  Reduces the Property Tax Rate to 39.54C from 48.95C  Appropriates 85% of all General Fund Revenues into Core Public Service Areas  Invests Over 65% of the General Fund Into the City of Greenville Employees  Provides for an Average 4.0% Wage Increase for Employees  Adjusts the City's Pay Plan Structure by 2.6%  Provides 401(k) Employer Contribution of 3% per Pay Period  Provides for the Creation of a Community Engagement Coordinator  Provides for $3.05 Million in Annual Funding for the Pavement Mgmt Program  Provides $4.25 Million in Pay-As-You-Go Funding for Capital Projects    CITY OF GREENVILLE  FY2024-25 BUDGET HIGHLIGHTS  Continues the stormwater Utility Plan Approved by Council in April, 2019  Provides for $250 Thousand in Funding for Pedestrian Safety Projects  Provides $80 Thousand in Funding to Support the Housing Needs for Individuals  Recovering From Substance Abuse  Provides for $700 Thousand in Public Safety Pay Adjustment  Provides for 6.0 New Fire /E EMS Employees  Provides for an Additional Fire Marshal Position  Provides for $100 Thousand in New ADA Funding  Provides for $100 Thousand in New Funding for Sidewalk Expansions    CITY OF GREENVILLE  FY2024-25 BUDGET HIGHLIGHTS  Provides $375 Thousand in Local Funding to Support the CDBG/H Housing Program  Provides $40 Thousand in Funding for R&P Community Outreach  Includes $500 Thousand for City-Wide Economic Development Partnership  Provides $200 Thousand in Funding for Existing and Future Job Creation  Provides $20T Thousand in Funding of the City's Facade Improvement Grant Program  Provides $20 Thousand in Funding for Skills Training  Provides $115 Thousand in Total Funding for the Downtown Greenville Partnership  and Greenville Pitt County Chamber of Commerce  Expands the Hours of Operations of the Transit System    CITY OF GREENVILLE  FY2024-25 BUDGET HIGHLIGHTS  Provides for the Addition of a Full-Time Sustainability Coordinator Position  Includes $600 Thousand in Funding to Enhance Beautification of the City  Provides for the Completion of the City's New Gateway Sign  Includes $100 Thousand in Funding for the Pitt County Arts Council at Emerge  Converts Two Part Time Positions to Full Time to Support Special Events and Art  Programming  Provides Funding and Support for Over 50 Community Events  Provides for Coordinating a Community Task Force to Explore the Potential for a  Future Sports Complex in the Greenville / Pitt County    Greenville  NORTH CAROLINA  Find yourself in good companye    PROPOSED 2024-25 BUDGET  GENERAL FUND BUDGET  61    CITY OF GREENVILLE  FY2024-25 PROPOSED GENERAL FUND REVENUES  Budget FY2024-25 $ 43,668,004 31,930,000 8,594,000 6,900,000 3,500,000 2,400,000 1,706,000 1,750,000 1,500,000 10,121,000 750,000 $ 112,819,004  $86 Out of  $100 Every  Property Tax Sales Tax GUCTransferin Utilities Franchise Tax Rescue Transport Powell Bill MotorVehicle Fee Inspections Fees Recreation Fees All Other Revenues Appropriated Fund Balance  8% 0% 1% 14%  34%  2% 1% 3% 5%  7%  25%  Total  Property Tax  - Sales Tax  GUCTransfersl In Powell Bill Recreation Fees  Utilities Franchise Tax Rescue Transport Motor Vehicle Fee AlI Other Revenues  Inspections Fees Appropriated Fund Balance    CITY OF GREENVILLE  FY2024-25 PROPOSED GENERAL FUND REVENUES  Adjustments Public Safety Sustainability  Presented May 6, 2024  Public Hearing June 10, 2024  Pay Adj  Coordinator  Property Tax Sales Tax GUC Transfer In Utilities Franchise Tax Rescue Transport Powell Bill Motor Vehicle Fee Inspections Fees Recreation Fees All Other Revenues Appropriated Fund Balance  $ 43,373,004 $ 200,000 $  95,000 $ 43,668,004  31,930,000 8,594,000 6,900,000 3,500,000 2,400,000 1,706,000 1,750,000 1,500,000 10,121,000 750,000  31,930,000 8,594,000 6,900,000 3,500,000 2,400,000 1,706,000 1,750,000 1,500,000 10,121,000 750,000 112,819,004  Total  $1 112,524,004 $ 200,000 $  95,000  Proposed Tax Rate  39.27C  0.18C  0.09C  39.54C    Greenville  NORTH CAROLINA  Find yourself in good companye  T   PROPOSED 2024-25 BUDGET  BUDGET PROPERTY TAX REVENUE  64    CITY OF GREENVILLE  FY2024-25 PROPOSED PROPERTY TAX REVENUE  REVENUE NEUTRAL TAX RATE  Tax Rate That Would Provide The Same Revenue in Revaluation Year as if  the County Had Not Revalued Real Property  DOES NOT Provide the Same Revenues as Previous Year  State Statute Allows for Revenue Neutral Rate to be Adjusted for a  Normal Growth Percentage  Therefore, the Revenue Neutral Rate Will Provide the Same Revenue as  Last Year PLUS One Year of Average Growth    CITY OF GREENVILLE  PROPERTY TAX BASE (IN BILLIONS)  $14.00  Increase of 40.69% in Value From 2024 to 2025 Increase is Based on Combination of: - Expansion of Tax Base (Normal Growth) Appreciation in Value of Tax Base (Revaluation)  $12.00  $11.34  $10.00  $8.00  $7.56  $7.77  $8.06  $7.30  $6.75  $6.00  $4.00  $2.00  $-  FY2020  FY2021  FY2022  FY2023  FY2024  FY2025    CITY OF GREENVILLE  FY2024-25 PROPOSED PROPERTY TAX REVENUES CALCULATED GROWTH IN TAX BASE  $14.00 Increase of 40.69% inl Value From 2024to2 2025 Increase is Based on Combination of: Expansion of1 Tax Base (Normal Growth) Appreciation inl Value ofl Tax Base (Revaluation)  Normal Growth  2.75%  $12.00 $10.00 $8.00 $6.75 $6.00 $4.00 $2.00  $7.30  $7.56  $7.77  $8.06  Revaluation Growth  37.94%  Overall Growth  40.69%  II  FY2020  FY2021  FY2022  FY2023  FY2024  FY2025  67    CITY OF GREENVILLE  FY2024-25 PROPOSED PROPERTY TAX REVENUE  PROPOSED PROPERTY TAX RATE  Rate  12.10C Difference Between Current Rate and Revenue  Current Tax Rate  48.95C  Neutral Rate  Revenue Neutral Tax Rate  36.85C  2.69C Retained in the Tax Rate From Revaluation  Proposed Tax Rate  39.54C  68    CITY OF GREENVILLE  PROPOSED PROPERTY TAX RATE (IN CENTS)  64.00  61.50 61.50 61.50  60.00  56.00 56.00 56.00 56.00  56.00  54.00 53.00  52.00 52.00 52.00 52.00 52.00 52.00  52.00 52.00 52.00 52.00  52.00  49.45 48.95 48.95 48.95  48.00  44.00  40.00  36.00  2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024-C    CITY OF GREENVILLE  FY2024-25 PROPOSED BUDGET PROPERTY TAX EXAMPLE  Property Tax Value  Property Tax at New Tax' Value  Change in Property Tax Paid  Current Tax  New Tax  PropertTax at Current Tax Value  Revenue  Revenue  %  Current Neutral Proposed Current Neutral Proposed  Value Change Value $2 200,000 20% $240,000 $ 200,000 30% 260,000 200,000 40% 280,000 200,000 50% 300,000 200,000 60% 320,000  Tax Rate Tax Rate Tax Rate  Tax Rate Tax Rate Tax Rate  979 $ 1,175 $ 884 $ 942 $ 196 $ (95) $ (37)  979 979 979 979  1,273 1,371 1,469 1,566  958 1,032 1,106 1,179  1,021 1,100 1,178 1,257  294 392 490 587  (21) 53 127 200  42 121 199 278  70    CITY OF GREENVILLE  FY2024-25 PROPOSED PROPERTY TAX REVENUE  Rate  Revenue  $13.4 Million Difference Between Current Rate and Revenue Neutral Rate  Current Tax Rate  48.95C  54,071,318  Revenue Neutral Tax Rate  36.85C  40,702,534  Proposed Tax Rate Retains $2,965,470in Revenue From Revaluation in the Budget  Proposed Tax Rate  39.54C  43,668,004  71    CITY OF GREENVILLE  FY2024-25 PROPOSED PROPERTY TAX REVENUE PROPOSED INCREASE FROM REVALUATION  Rate  Revenue  Revenue Neutral  36.85 C  40,702,534  Revaluation Increase  2.69C  2,965,470  FY2024-25 Proposed  39.54C  ) 4 43,668,004    CITY OF GREENVILLE  FY2024-25 PROPOSED PROPERTY TAX REVENUE PROPOSED INCREASE FROM REVALUATION  Rate  Revenue  Original Proposed (May 2024)  2.42C  $ 2,670,470  Requested Adjustments  Sustainability Coordinator  0.09C 0.18 ( C 0.27C  $ $ $  95,000 200,000 295,000  Public Safety Pay Adjustments  Subtotal  Adjusted Proposed (Public Hearing)  2.69C  2,965,470    CITY OF GREENVILLE  FISCAL YEAR 2024-25 GENERAL FUND PROPOSED BUDGET PRIORITIES FUNDED WITH REVALUATION REVENUE  Description  Amount  Cents 0.58 0.63C 0.33 0.270 @ 0.14 0.13 @ 0.11 @ 0.09 @ 0.09 @ 0.09 @ 0.09 @ 0.090 @ 0.05C 2.69  Fire / Rescue Positions (7.0) Public Safety Adjustments Fleet Maintenance Operations Public Works Operations Pavement Management Program Publics Safety Operations Recreation & Parks Operations  $ 641,000 700,000 370,000 300,000 155,000 139,470 125,000 100,000 100,000 95,000 95,000 95,000 50,000  ADA Program Sidewalk Expansions  Community Engagement Coordinator (1.0) Public Works Locator Position (1.0) Sustainability Coordinator (1.0) 401K Contribution  Total  $2,965,470    Greenville  NORTH CAROLINA  Find yourself in good companye  T AERH  PROPOSED 2024-25 BUDGET  GENERAL FUND BUDGET EXPENSE  75    CITY OF GREENVILLE  FY2024-25 PROPOSED GENERAL FUND EXPENSES  Nearly $2 our of Every $3 Invested in People!  Budget FY2024-25 7 74,255,307 24,233,810 2,105,775 14,174,998 (1,950,887) $112,819,004  Pesonnel Operating Capital Transfers Indirect Cost Total All Funds  12%  -2%  2%  63%  21%  Personnel Operating - Capital Transfers Indirect Cost    CITY OF GREENVILLE  FY2024-25 GENERAL FUND PROPOSED BUDGET  PROPOSED PERSONNEL BUDGET  FY2024-25 Proposed Personnel Budget Includes:  4.0% Average Wage Increase for Employees  2.6% Adjustment to Pay Plan Structure  3%4 401k Employer Contribution  Adjustments to Retirement Rates to Reflect State Requirements  15.04% for Law Enforcement (1.0% Increase)  13.64% for Non-Law Enforcement (1.0% Increase)    CITY OF GREENVILLE  FY2024-25 GENERAL FUND PROPOSED BUDGET  PROPOSED PERSONNEL BUDGET  FY2024-25 Proposed Personnel Budget Includes:  $700 Thousand in Public Safety Pay Adjustments to Better Recruit t/ Retain Public  Safety Employees  6.0 New Fire/EMS Employees  2.0A Additional Inspection Positions and 1.0 Locator Position to Meet Developmer  Community Needs  1.0 Additional Fire Marshal Position to Keep Up With Increase in Fire Inspection  Reviews  Converts Two Part Time Special Events / Arts Positions to Full (Funded Through  Increased Special Events / Arts Revenues)    CITY OF GREENVILLE  FY2024-25 GENERAL FUND PROPOSED BUDGET  PROPOSED PERSONNEL BUDGET  FY2024-25 Proposed Personnel Budget Includes:  Creates a Community Engagement Coordinator to Better Connect and Inform the Community of the Activities, Programs and Initiatives Around  Our City  Creates a New Full-Time Sustainability Coordinator Position    CITY OF GREENVILLE  FY2024-25 GENERAL FUND PROPOSED BUDGET PROPOSED OPERATIONS AND CAPITAL BUDGET  Budget FY2024-25 $ 5,862,625 3,364,935 3,221,773 3,079,422 3,403,564 1,775,143 1,572,654 1,629,468 700,000 477,690 325,449 464,809 422,053 40,000 $ 26,339,585  3% 2% 1% 2%1% 0%  6% 6% 7%  22%  Police Engineering PublicWorks Recreation & Parks Fire / Rescue Other Departments Financial Services Information Technology OPEB  13%  13%  12%  12%  Police Recreation & Parks Financials Services Mayor & City Council  Engineering Fire/Rescue Information Technology Contingency  Public Works Other Departments OPEB  and Planning Development Neighborhood & Business Human Resources Mayor & City Council Contingency Total  Planning and Development Neighborhood & Business Human Resources    CITY OF GREENVILLE  FY2024-25 GENERAL FUND PROPOSED BUDGET  PROPOSED TRANSFERS BUDGET  Budget FY2024-25 6,703,142 1,200,000 3,505,000 1,536,856 375,000 775,000 80,000 $1 14,174,998  3% 5% 1%  Debt Service Fund Facilities Improvement Fund Engineering Capital Project Fund Sheppard Memorial Library CDBG/H Housing Fund Transit Fund Special Revenue Fund  11%  47%  25%  Total  8%  Debt Service Fund Engineering Capital Project Fund CDBG/ / Housing Fund Special Revenue Fund  F Facilities Improvement Fun -S Sheppard Memorial Library Transit Fund    Greenville  NORTH CAROLINA  Find yourself in good companye  T -R  PROPOSED 2024-25 BUDGET  OTHER FUNDS  82    CITY OF GREENVILLE FY2024-25 PROPOSED BUDGET  OTHER FUNDS  Budget FY2024-25 7,368,819 5,094,474 6,523,088 9,492,950 13,514,558 1,975,598 14,376,386 3,601,408 1,200,000  Debt Service Transit  Fleet Maintenance Sanitation Stormwater Housing Fund Health Insurance Vehicle Replacement Facilities Improvement  Total Operating Funds $ - 63,147,281    CITY OF GREENVILLE FY2024-25 PROPOSED BUDGET  OTHER FUNDS  Budget FY2024-25 7,368,819 5,094,474 6,523,088 9,492,950 13,514,558 1,975,598 14,376,386 3,601,408 1,200,000  Bus Service Hours:  Debt Service Transit  Current  Proposed  Weekday Hours 7:25am-5:15pm b:00am-s:0upm  Fleet Maintenance Sanitation Stormwater Housing Fund Health Insurance Vehicle Replacement Facilities Improvement  10 Hours  14 Hours 9:00am-4:00pm 7 Hours 13 Full-Time 2-3 Part-Time 6Full-Time 1-2 Part-Time  Saturday Hours  None  Drivers per Weekday Drivers per Saturday  8Full-Time 2-3 Part-Time  None  Total Operating Funds $ 63,147,281  84    CITY OF GREENVILLE FY2024-25 PROPOSED BUDGET  OTHER FUNDS  Budget FY2024-25 7,368,819 5,094,474 6,523,088 9,492,950 13,514,558 1,975,598 14,376,386 3,601,408 1,200,000  Transit Fare:  Debt Service Transit  Type of Ride  Proposed Fee  Regular $1.25 Discount $0.75 Regular $2.50 Discount $1.50  Single Ride  Fleet Maintenance Sanitation Stormwater Housing Fund Health Insurance Vehicle Replacement Facilities Improvement  Day Pass  Single Ride Paratransit  $2.50  Total Operating Funds $ 63,147,281  85    CITY OF GREENVILLE FY2024-25 PROPOSED BUDGET  OTHER FUNDS  Budget FY2024-25 7,368,819 5,094,474 6,523,088 9,492,950 13,514,558 1,975,598 14,376,386 3,601,408 1,200,000  Monthly Sanitation Rates by Year:  Debt Service Transit  $18.00 $17.00 $16.00 $15.00 $14.00 $13.00 $12.00 $11.00  Fleet Maintenance Sanitation Stormwater Housing Fund Health Insurance Vehicle Replacement Facilities Improvement  $15.75 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00  $10.00 FY2017 FY2018 FY2019 FY202  Total Operating Funds $ 63,147,281  No Change in Rates Since FY2018  86    CITY OF GREENVILLE FY2024-25 PROPOSED BUDGET  OTHER FUNDS  Budget FY2024-25 7,368,819 5,094,474 6,523,088 9,492,950 13,514,558 1,975,598 14,376,386 3,601,408 1,200,000 63,147,281 $  Monthly Stormwater Rates (per ERU) by Year:  Debt Service Transit  $12.00  $10.00  $9.35 $8.35 $7.35  Fleet Maintenance Sanitation Stormwater Housing Fund Health Insurance Vehicle Replacement Facilities Improvement Total Operating Funds  $8.00  $6.00 $5.35 $5.35 $5.35 $5.35  $4.00  $2.00  FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 FY2025  mllll  87    Greenville  NORTH CAROLINA  Find yourself in good companye  T -R  PROPOSED 2024-25 BUDGET  SUMMARY  88    CITY OF GREENVILLE  FY2024-25 PROPOSED BUDGET CITY OPERATING FUND OVERVIEW  64% of Operating Funds  8.9% 2.2%0.7%  1.2% 7.4% 5.8% 3.9% 2.3%  Budget FY2024-25 $ 112,819,00  General Debt Service Transit  7,368,819 5,094,474 6,523,088 9,492,95 13,514,55 1,975,59 14,376,38 3,601,40 1,200,00 $ 175,966,28  FleetMaintenance Sanitation Stormwater Housing Fund Health Insurance Vehicle Replacement Facilities Improvement Total All Funds  4.3%  63.3%  General Sanitation  - Debt Service Stormwater  Transit Housing Fund  Fleet Maintenance Health Insurance  Vehicle Replacement - Facilities Improvement    CITY OF GREENVILLE  FY2024-25 PROPOSED PROPERTY TAX REVENUE PROPOSED INCREASE FROM REVALUATION  Rate  Revenue  Revenue Neutral  36.85 C  40,702,534  Revaluation Increase  2.69C  2,965,470  FY2024-25 Proposed  39.54C  ) 4 43,668,004    CITY OF GREENVILLE  FISCAL YEAR 2024-25 GENERAL FUND PROPOSED BUDGET PRIORITIES FUNDED WITH REVALUATION REVENUE  Description  Amount  Cents 0.58 0.63C 0.33 0.270 @ 0.14 0.13 @ 0.11 @ 0.09 @ 0.09 @ 0.09 @ 0.09 @ 0.090 @ 0.05C 2.69  Fire / Rescue Positions (7.0) Public Safety Adjustments Fleet Maintenance Operations Public Works Operations Pavement Management Program Publics Safety Operations Recreation & Parks Operations  $ 641,000 700,000 370,000 300,000 155,000 139,470 125,000 100,000 100,000 95,000 95,000 95,000 50,000  ADA Program Sidewalk Expansions  Community Engagement Coordinator (1.0) Public Works Locator Position (1.0) Sustainability Coordinator (1.0) 401K Contribution  Total  $2,965,470    CITY OF GREENVILLE  FY2024-25 PROPOSED BUDGET  BUDGET CALENDAR  May 6, 2024  Proposed City of Greenville Budget Presented  to Council  May 9, 2024  Proposed GUC, Sheppard Memorial Library, and Convention Visitors Authority Presentation  June 10, 2024  Public Hearing on FY2024-25 Proposed Budget  June 13, 2024  Adoption of FY2024-25 Budget    Greenville  NORTH CAROLINA  Find yourself in good companye   AER  93    CITY OF GREENVILLE PITT COUNTY COMPARISON PROPERTY TAX RATE (IN CENTS)  Pitt County Bethel Grifton Fountain Ayden Farmville Grimesland Falkland Winterville Simpson 50.95  80.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00  70.95  68.95  64.70  59.95  54.95  53.95  53.95  53.45  39.54  -  Bethel  Grifton Fountain Ayden Farmville Grimesland Falkland Winterville Simpson Greenville  Note: Residents of Each Municipality (Except Greenville) Pay an EMS Tax Rate. The EMS Tax Rate for Greenville Residents is Built into the  Municipal Tax Rate.    CITY OF GREENVILLE  PEER & REGIONAL CITY COMPARISON PROPERTY TAX RATE (IN CENTS)  PeerCitys Regional Citys Asheville Kinston Concord Rocky Mount High Point Washington Jacksonville Wilson Wilmington New Bern Gastonia Fayetteville  90.00  80.00 77.00 70.00 60.00 50.00 40.00 30.00 20.00 10.00  68.50  61.75  60.00 58.00  57.50  53.95  48.00 47.00  40.30 39.50 39.54  38.00  -  -  Kinston Rocky Mount High Point Jacksonville Washington Wilson Fayetteville Concord Gastonia Asheville Wilmington Greenville New Bern    CITY MANAGED FUNDS FOR FISCAL YEAR 2025 BUDGET  2021 ACTUAL 5,984,383 2,350,437 4,845,086 8,338,196 6,851,131 928,043 10,638,843 4,249,921 1,501,425 807,249  2022 ORIGINAL 6,932,741 2,441,741 5,126,742 8,677,846 7,876,253 2,189,249 14,040,605 4,627,412 1,350,000 2,205,642  2023 ORIGINAL 6,322,622 3,485,714 5,203,116 8,387,480 8,703,045 2,054,247 14,009,056 3,921,541 1,000,000 1,919  2024 ORIGINAL 6,863,408 3,703,887 6,279,940 9,248,904 11,833,273 1,931,466 14,258,648 3,601,408 1,200,000  2025 PROPOSED 7,368,819 5,094,474 6,523,088 9,492,950 13,514,558 1,975,598 14,376,386 3,601,408 1,200,000  FUND  GENERAL DEBT SERVICE PUBLIC TRANSPORTATION: (TRANSIT) FLEET MAINTENANCE SANITATION STORMWATER HOUSING HEALTH INSURANCE VEHICLE REPLACEMENT FACILITIES IMPROVEMENT CAPITAL RESERVE  $ 89,821,846 $ 94,839,538 $ 95,165,572 $ 101,539,765 $ 112,819,004  TOTAL CITY MANAGED FUNDS $ 136,316,561 $ 150,307,770 $ 148,254,312 $ 160,460,699 $ 175,966,285  8% 2%1%  1% 8% 5% 4% 3%  64%  4%  GENERAL P PUBLIC TRANSPORTATION (TRANSIT) SANITATION HOUSING VEHICLE REPLACEMENT CAPITAL RESERVE  DEBT SERVICE FLEET MAINTENANCE S STORMWATER HEALTH INSURANCE FACILITIES IMPROVEMENT  96    GENERALFUND REVENUE SUMMARY  2020 ACTUAL 20,465,509 6,683,670 6,832,754 3,182,772 2,174,190 1,577,823 1,629,682 888,220 1,755,767 7,402,954  2021 ACTUAL 24,555,870 6,582,187 6,612,710 2,447,717 2,124,843 1,713,410 1,867,697 769,136 114,490 6,707,962  2022 ACTUAL 27,248,610 6,746,792 6,625,128 3,990,787 2,390,611 1,675,940 1,696,712 1,300,854 (1,006,916) 6,725,217  2023 ORIGINAL 26,935,346 7,074,328 6,828,328 3,200,000 2,123,924 1,746,059 1,262,437 1,060,800 742,690 6,011,260 150,000  2024 ADOPTED 30,616,976 7,140,532 6,896,611 3,200,000 2,390,610 1,705,845 1,399,868 1,335,773 750,000 5,914,345 500,000  2025 PROPOSED 31,930,000 8,594,000 6,900,000 3,500,000 2,400,000 1,706,000 1,750,000 1,500,000 3,600,000 6,521,000 750,000  REVENUE SOURCE PROPERTYTAXES SALES TAXES GUC TRANSFERS IN UTILITIES FRANCHISE TAX RESCUE TRANSPORT POWELL BILL-S STATE ALLOCATION MOTOR' VEHICLE TAXES NSPECTIONS RECREATION INVESTMENT EARNINGS ALL OTHER REVENUES APPROPRIATED FUNDI BALANCE GENERAL FUND POWELL BILL  $ 34,250,807 $ 36,325,825 $ 37,445,803 $ 38,030,400 $ 39,689,205 $ 43,668,004  SUBTOTAL $ 86,844,147 $ 89,821,846 $ 94,839,538 $ 95,015,572 $ 101,039,765 $ 112,069,004  TOTAL $ 86,844,147 $ 89,821,846 $ 94,839,538 $ 95,165,572 $ 101,539,765 $ 112,819,004  1% 3% 6% 2%1% 1% 2% 3% 6%  39%  8%  28%  - Property Taxes - Rescue Transport - Recreation  Sales Tax Investment Earnings  GUC Transfers In  Utilities Franchise Tax Inspections  Powell Bill- State Allocation N Motor Vehicle Taxes  Appropriated Fund Balance AIIC Other Revenues  97    GENERAL FUND REVENUE DETAIL 2021 ACTUAL  2022 ACTUAL  2023 ORIGINAL  2024 ORIGINAL  2025 PROPOSED  REVENUE SOURCE  UNRESTRICTED NTERGOVERNMENTAL PROPERTY TAXES CURRENT YEART TAXES MOTOR VEHICLE TAXES PRIOR YEAR1 TAXES TAXINTEREST &PENALTIES TAXI DISCOUNTS TAXREFUNDS OTHER UNRESTRICTED GOVERNMENTAL SALES TAXES RENTAL VEHICLE- GROSSE RECEIPTS VIDEOF PROGRAM & SUPPLEMENTALPEG MOTOR' VEHICLER FEE PAYMENTI INL LIEUC OF TAXES STATER FIREI PROTECTION UTILITIES FRANCHISE TAX BEER & WINE RESTRICTED INTERGOVERNMENTAL TRAFFIC CONTROL LIGHTS MAINTENANCE OTHERE RESTRICTED NTERGOVERNMENTAL POWELL BILL STATEALLOCATION SECTION 104FPLANNING GRANTI MPO LICENSES, PERMITS &FEES INSPECTION DIVISION PERMITS PLANNINGFEES RECREATIONI DEPARTMENT ACTIMITY FEES POLICEFEES ENGINEERING FEES FIRE/RESCUE FEES SALES & SERVICES RESCUE SERVICE TRANSPORT LEASEDI PARKING & METERS PARKING VIOLATIONS OTHERI REVENUES SALE OF PROPERTY OTHERE REVENUES  $ 32,932,254 $ 33,794,616 $ 34,397,766 $ 35,640,721 $ 39,574,142  3,881,438 84,306 105,404 (598,546) (79,032) 207,687 763,093 1,713,410 68,758 391,893 6,612,710 392,625 803,430 $ 25,035 2,124,843 278,660 1,867,697 159,200 769,136 1,715,625 915 236,579  4,057,732 114,895 134,251 (499,299) (156,320) 228,982 730,647 1,675,940 72,115 390,076 6,625,128 354,087 187,151 $ 25,035 2,390,611 168,307 1,696,712 181,325 1,300,854 1,938,328 38,785 262,286  3,790,218 250,000 137,873 (453,403) (92,054)  4,464,220 140,630 (462,471) (93,895)  4,508,862 141,000 (462,000) (94,000)  SUBTOTAL $ 36,325,825 $ 37,445,875 $ 38,030,400 $ 39,689,205 $ 43,668,004  $ 24,555,870 $ 27,248,610 $ 26,935,346 $ 30,616,976 $ 31,930,000  176,125 793,717 1,746,059 64,512 413,952 6,828,328 392,681 217,693 $ 25,035 2,123,924 222,873 1,262,437 138,900 1,060,800 1,631,850 22,600 225,135  176,125 738,769 1,705,845 64,512 413,952 6,896,611 392,681 217,693 $ 25,035 2,390,610 355,875 1,399,868 138,900 1,335,773 1,606,150 22,600 225,135  177,000 650,000 1,706,000 65,000 390,000 6,900,000 450,000 218,000 105,000 2,400,000 296,000 1,750,000 140,000 1,500,000 1,900,000 25,000 230,000  SUBTOTAL $ 34,706,046 $ 37,325,584 $ 37,350,720 $ 41,005,471 $ 42,268,000  $  SUBTOTAL 3,231,968 $ 2,771,104 $ 2,589,525 $ 2,989,213 $ 3,019,000  SUBTOTAL $ 4,749,152 $ 5,418,289 $ 4,341,722 $ 4,728,426 $ 5,545,000  $ 2,869,000 $ 3,990,787 $ 3,200,000 $ 3,200,000 $ 3,500,000  350,697 208,987 $ 683,493  339,694 193,831 $ 1,614,498  378,697 275,000 $ 1,032,490  25,000 275,000 $ 1,236,918  350,000 275,000 1,250,000  SUBTOTAL $ 3,428,684 $ 4,524,312 $ 3,853,697 $ 3,500,000 $ 4,125,000  $ SUBTOTAL $  683,493 $ 1,614,498 $ 1,032,490 $ 1,236,918 $ 1,250,000  98    GENERAL FUND REVENUE DETAIL 2021 ACTUAL $  2022 ACTUAL  2023 ORIGINAL 742,690 $  2024 ORIGINAL  2025 PROPOSED 750,000 $ 3,600,000  REVENUE SOURCE  INVESTMENT EARNINGS INVESTMENT EARNINGS OTHERE FINANCING SOURCES TRANSFER INC GUC TRANSFER FROMHOUSING TRANSFER FROMS SANITATION TRANSFER! FROMS STORMWATER OTHER TRANSFERS FUNDI BALANCE APPROPRIATED APPROPRIATED FUNDE BALANCE- GENERAL APPROPRIATED FUNDE BALANCE- POWELL BILL  114,490 $ (1,006,916) $  $ 6,582,187 $ 6,746,792 $ 7,074,328 $ 7,140,532 $ 8,594,000  SUBTOTAL $ 6,582,187 $ 6,746,792 $ 7,074,328 $ 7,140,532 $ 8,594,000  150,000 150,000 $  500,000 500,000 $  750,000 750,000  SUBTOTAL $  $  GENERAL FUNDI REVENUE TOTAL $ 89,821,846 $ 94,839,538 $ 95,165,572 $ 101,539,765 $ 112,819,004  99    GENERAL FUND EXPENSE BY DEPARTMENT  2021 ACTUAL $ 400,938 $ 2,669,460 211,863 566,882 3,028,197 2,824,369 4,698,588 15,041,336 2,688,484 24,713,878 6,541,020 6,233,674 2,821,575  2022 ACTUAL 521,459 $ 2,694,008 305,418 643,118 3,134,129 3,055,009 4,686,423 17,195,047 2,768,888 26,895,762 7,227,702 5,923,696 3,224,875  2023 ACTUAL 503,926 $ 2,950,567 362,930 686,116 4,383,855 3,533,373 5,021,147 17,360,824 2,844,749 27,665,488 7,905,239 5,547,691 3,384,929  2024 ORIGINAL 606,254 $ 3,268,730 385,555 730,320 3,491,983 4,207,039 5,615,199 18,059,779 3,132,994 29,561,371 8,925,004 7,033,927 2,701,160 1,211,340 700,000 40,000  2025 PROPOSED 606,254 3,483,263 440,055 816,242 3,808,579 4,614,563 5,931,869 21,151,801 4,019,795 32,399,318 9,957,375 7,902,870 3,001,981 1,570,928 700,000 40,000  DEPARTMENT  MAYOR&O CITYCOUNCIL CITY MANAGER CITY CLERK CITY ATTORNEY HUMAN RESOURCES INFORMATION TECHNOLOGY ENGINEERING FIRE/RESCUE FINANCIAL SERVICES POLICE RECREATIONAPARKS PUBLICI WORKS PLANNING &DEVELOPMENT NEIGHBORHOOD&E BUSINESS! SERVICES INDIRECT COST REIMBURSEMENT OTHERF POST EMPLOYMENT BENEFITS CONTINGENCY TRANSFERS TOOTHERFUNDS TOTAL CAPITAL IMPROVEMENTS  TOTAL BYI DEPARTMENT $ 72,440,264 $ 78,275,536 $ 82,150,834 $ 88,930,655 $ 99,704,893  (1,350,453) $ (1,350,453) $ (1,950,887) $ (1,950,887) $ (1,950,887)  800,000  600,000  700,000 100,000 474,018  TOTAL EXPENSES BY DEPARTMENT $ 71,889,811 $ 77,525,083 $ 80,999,947 $ 87,719,768 $ 98,494,006  $ 17,065,754 $ 14,062,474 $ 13,691,607 $ 13,819,997 $ 14,324,998  TOTAL GENERAL FUND $ 88,955,565 $ 91,587,557 $ 95,165,572 $ 101,539,765 $ 112,819,004  12%  0%1% 3% 1%  3% 4% 5%  196-2941% 3% 7%  18%  9%  3%  28%  - Mayor & City Council C City Attorney E Engineering P Police - Planning & Development Other Post Employment Benefits Contingency Total Capital Improvements  -C City Manager H Human Resources F Fire/Rescue F Recreation & Parks  City Clerk -I Information Technology  Financial Services Public Works Transferst to Other Funds  Neighborhood &E Business Services Indirect Cost Reimbursement  100    DEBT SERVICE FUND FOR FISCAL YEAR 2025 BUDGET  The Debt Service Fund accounts for the payment of the City's debt. When payments are due, the General Fund  transfers the needed funds into this fund for payment.  2021 ACTUAL $ 783,890 $ 5,199,820 673 5,984,383 $ 2021 ACTUAL $ 4,341,468 $ 903,434 11,758 1,203,510 6,460,170 $  2022 ACTUAL 646,455 $ 6,286,286 6,932,741 $ 2022 ACTUAL 4,157,530 $ 2,813,714 6,971,244 $  2023 ORIGINAL 684,958 $ 5,637,664 6,322,622 $ 2023 ORIGINAL 4,169,339 $ 2,153,283 6,322,622 $  2024 ADOPTED 659,650 $ 6,203,758 6,863,408 $ 2024 ADOPTED 5,237,916 $ 1,625,492 6,863,408 $  2025 PROPOSED 665,677 6,703,142 7,368,819 2025 PROPOSED 6,168,752 1,200,067 7,368,819  SUMMARY OF REVENUES OCCUPANCYTAX TRANSFER FROMI POWELL BILL TRANSFER FROM GENERAL FUND INVESTMENT EARNINGS  TOTAL $  SUMMARY OF EXPENSES PRINCIPAL PAYMENTS INTEREST PAYMENTS CLOSING COSTS TRANSFERS OUT  TOTAL $  DEBT SERVICE REVENUE  DEBT SERVICE EXPENSE  11%  34%  66%  89%  C Occupancy Tax Transfer from General Fund  Principal Payments Interest Payments  101    PUBLIC TRANSPORTATION (TRANSIT) FUND FOR FISCAL YEAR 2025 BUDGET  Planning activities remain approximately the same and are reimbursed at 80% from Federal funds. Federal operating funding remains at 50% of the total. Capital items and ADA service and preventative maintenance items  requested are reimbursable at 80% Federal share.  2021 ACTUAL $ 2,288,331 $ 62,106  2022 ACTUAL 2,383,899 $ (4,542) 58,065 4,319 2,441,741 $ 2022 ACTUAL 1,331,238 $ 1,142,136 470,548  2023 ORIGINAL 2,391,820 $ 272,000 50,000 771,894 3,485,714 $ 2023 ORIGINAL 1,161,249 $ 1,839,465 485,000 3,485,714 $  2024 ORIGINAL 2,584,993 $ 289,500 57,500 771,894 3,703,887 $ 2024 ORIGINAL 1,165,077 $ 1,880,332 658,478 3,703,887 $  2025 PROPOSED 4,059,974 200,000 59,500 775,000 5,094,474 2025 PROPOSED 1,379,250 2,241,012 1,474,212 5,094,474  SUMMARY OF REVENUES GRANT INCOME BUS FARE/TICKET SALES OTHERI REVENUES TRANSFER FROM GENERAL FUND APPROPRIATED FUNDI BALANCE  TOTAL $  2,350,437 $ 2021 ACTUAL $ 1,352,815 $ 1,252,623 318,509  SUMMARY OF EXPENSES  PERSONNEL OPERATING CAPITAL IMPROVEMENTS OTHER  TOTAL $  2,923,947 $ 2,943,922 $  TRANSIT REVENUE  TRANSIT EXPENSE  14%  33%  70%  53%  Grant Income - Bus Fare /Ticket Sales  Personnel a Operating - Capital Improvements  102    FLEET MAINTENANCE FUND FOR FISCAL YEAR 2025 BUDGET  The Fleet Maintenance Fund has been established as an internal service fund to account for charge-backs to the respective departments of the City for labor, fuel, and parts for items needed to maintain City vehicles. The creation of this fund will assist the City in more accurately reflecting the true costs of the vehicle maintenance by  department.  2021 ACTUAL $ 940,190 $ 1,097,884 1,083,347 446,571 21,601 1,255,493 4,845,086 $ 2021 ACTUAL $ 1,546,838 $ 2,771,487 25,497 4,343,822 $  2022 ACTUAL 1,708,839 $ 1,286,251 1,201,402 890,126 40,124 5,126,742 $ 2022 ACTUAL 1,596,358 $ 3,781,423 32,022 (89,704) 5,320,099 $  2023 ACTUAL 1,604,780 $ 1,606,279 1,284,335 665,572 42,150 5,203,116 $ 2023 ACTUAL 1,652,142 $ 3,515,974 35,000  2024 ORIGINAL 2,097,350 $ 1,716,890 1,622,650 799,670 43,380 6,279,940 $ 2024 ORIGINAL 1,888,156 $ 4,327,584 64,200  2025 PROPOSED 1,804,460 2,200,767 1,738,362 729,499 50,000 6,523,088 2025 PROPOSED 2,103,357 4,346,931 72,800 6,523,088  SUMMARY OFF REVENUES  FUEL MARKUP LABORFEES PARTS MARKUP COMMERCIAL LABORI MARKUP OTHERI REVENUES TRANSFERI FROM GENERAL FUND  TOTAL $  SUMMARY OF EXPENSES  PERSONNEL OPERATING CAPITALOUTLAY TRANSFER' TO GENERAL FUND OTHER  TOTAL $  5,203,116 $ 6,279,940 $  FLEET REVENUE 1%  FLEET EXPENSE 1%  13%  31%  32%  24%  1%  67%  F Fuel Markup - Labor Fees  Personnel D  Operating C Capital Outlay  103    SANITATION FUND  FOR FISCAL YEAR 2025 BUDGET  The Sanitation Fund is established to account for the user charges, fees, and all operating costs associated with the operation of the Sanitation Division operated through the Public Works Department of the City. The Sanitation Division offers comprehensive solid waste services such as garbage, recyclable, bulky trash, leaf  collection, as well as mosquito and rodent control.  2021 ACTUAL $ 8,061,396 $ 156,266 120,535 8,338,196 $ 2021 ACTUAL $ 2,928,273 $ 4,265,003 165,066 7,358,342 $  2022 ACTUAL 8,450,219 $ 109,267 118,360 8,677,846 $ 2022 ACTUAL 2,949,655 $ 4,167,931  2023 ACTUAL 8,133,180 $ 158,000 96,300 8,387,480 $ 2023 ACTUAL 3,203,461 $ 5,122,470 61,549 8,387,480 $  2024 ORIGINAL 8,448,000 $ 229,200 100,700 471,004 9,248,904 $ 2024 ORIGINAL 3,810,482 $ 5,376,873 61,549 9,248,904 $  2025 PROPOSED 8,526,000 225,000 103,600 638,350 9,492,950 2025 PROPOSED 4,269,119 5,223,831  SUMMARY OF REVENUES REFUSE FEES CART & DUMPSTER SALES OTHERI REVENUES APPROPRIATED FUNDI BALANCE  TOTAL $  SUMMARY OF EXPENSES  PERSONNEL OPERATING CAPITAL DEBT SERVICE TRANSFER TO' VRF OTHER  (279,304) 6,838,282 $  TOTAL $  9,492,950  SANITATION REVENUE 2% 1%  SANITATION EXPENSE  38%  61%  97% Cart & Dumpster Sales Other Revenues  - Refuse Fees  Personnel  Operating  Capital  Debt Service Transfer to VRF  104    STORMWATER UTILITY FUND FOR FISCAL YEAR: 2025 BUDGET  The Stormwater Utility Fund is an enterprise fund established toi implement the City's Stormwater Management Program. Revenue fort this program is generated through a Stormwater fee paid by citizens owning improved property with buildings, parking! lots, driveways, etc. The Stormwater Management Program is implemented through thel Public Works Department's Engineering: and Street Maintenance Divisions. Itis directed at compliance with Federal and State environmental regulations through the implementation ofl local development regulations, capital improvements, and storm drain maintenance.  2021 ACTUAL  2022 ACTUAL 493,002  2023 ACTUAL  2024 Original  2025 PROPOSED  SUMMARY OF REVENUES STORMWATER UTILITYFEE OTHERE REVENUE TRANSFERI FROM OTHERI FUNDS APPROPRIATED FUNDI BALANCE  $ 6,131,625 $ 7,383,251 $ 8,703,045 $ 9,652,814 $ 11,284,300  719,506 2021 ACTUAL 4,284,957 897,289 (2,058,590) 2,032,063  2,180,459 2024 Original 3,991,142 1,630,000 3,383,871  2,230,258 2025 PROPOSED 4,771,353 2,164,665 2,948,080  TOTAL $ 6,851,131 $ 7,876,253 $ 8,703,045 $ 11,833,273 $ 13,514,558  2022 ACTUAL 4,127,995 260,232 1,732,056  2023 ACTUAL 3,677,130 2,094,727 1,158,775  SUMMARY OF EXPENSES PERSONNEL OPERATING CAPITAL OTHER TRANSFEROUT  $ 2,085,745 $ 2,415,207 $ 2,400,725 $ 2,828,260 $ 3,630,460  TOTAL $ 7,241,465 $ 8,535,490 $ 9,331,357 $ 11,833,273 $ 13,514,558  STORMWATER REVENUE  STORMWATER EXPENSE  29%  26%  100%  45%  P Personnel Operating Capital  "Stormwater Utility Fee  105    HOUSING FUND  FORF FISCAL YEAR 2025 BUDGET  The Housing Division administers US Department of Housing and Urban Development Community Development Block Grant Funds and Local Bond Funds. The funds are used to develop programs to serve low and moderate- income households. To this end, this fund is responsible for monitoring programs for compliance with local, state, and federal program standards. This fund also provides housing rehabilitation assistance to owner occupants, assistance to nonprofit agencies, down-payment assistance to homebuyers, acquisition and  demolition of substandard structures, and program administrative funding.  2021 ACTUAL $ 1,041,671 $ 818,883 328,695 2,189,249 $ 2021 ACTUAL $ 383,526 $ 1,334,359 1,717,885 $  2022 ACTUAL 1,531,537 $ 194,014 328,695 2,054,247 $ 2022 ACTUAL 439,970 $ 1,619,548 2,059,518 $  2023 ACTUAL 1,037,668 $ 565,103 328,695 1,931,466 $ 2023 ACTUAL 552,128 $ 1,379,338 1,931,466 $  2024 ORIGINAL 1,037,668 $ 565,103 372,827 1,975,598 $ 2024 ORIGINAL 552,128 $ 1,423,470 1,975,598 $  2025 PROPOSED 1,037,668 565,103 372,827 1,975,598 2025 PROPOSED 552,128 1,423,470 1,975,598  SUMMARY OF REVENUES CDBG GRANT INCOME HOME GRANT INCOME TRANSFER FROM GENERALFUND  TOTAL $  SUMMARY OF EXPENSES  PERSONNEL OPERATING CAPITAL  TOTAL $  HOUSING REVENUE  HOUSING EXPENSE  16%  21%  79%   CDBG Grant Income - HOME Grant Income  P Personnel  Operating  106    HEALTH FUND  FORI FISCAL YEAR 2025 BUDGET  The Health Fundi is used to account for the administration of the City's health insurance program.  2021 ACTUAL  2022 ACTUAL  2023 ACTUAL  2024 ORIGINAL  2025 PROPOSED  SUMMARY OF REVENUES  CITY CONTRIBUTION OTHER AGENCIES RETIREE CONTRIBUTIONS OTHER REVENUES INSURANCE COMPANY REFUND/REIMB APPROPRIATED FUNDI BALANCE  $ 11,844,463 $ 11,630,700 $ 11,043,959 $ 11,043,959 $ 11,161,697  784,033 1,406,606 3,392 2,113  872,970 1,502,000 146 3,240  1,103,731 1,327,544 4,246 240,000 539,168 2023 ACTUAL  1,103,731 1,327,544 4,246 240,000 539,168 2024 ORIGINAL  1,103,731 1,327,544 4,246 240,000 539,168 2025 PROPOSED  TOTAL $ 14,040,605 $ 14,009,056 $ 14,258,648 $ 14,258,648 $ 14,376,386  2021 ACTUAL  2022 ACTUAL  SUMMARY OF EXPENSES  CITY CLAIMS LIBRARY CLAIMS CVA CLAIMS HOUSING AUTHORITY CLAIMS AIRPORT CLAIMS RETIREE CLAIMS OTHERI EXPENSES  $ 10,129,446 $ 11,245,290 $ 12,128,284 $ 12,128,284 $ 12,246,022  161,018 80,527 478,909 212,819 1,213,317 88,511  166,687 74,426 487,409 226,833 1,327,649 73,828  230,602 58,218 896,878 195,338 653,383 95,945  230,602 58,218 896,878 195,338 653,383 95,945  230,602 58,218 896,878 195,338 653,383 95,945  TOTAL $ 12,364,548 $ 13,602,122 $ 14,258,648 $ 14,258,648 $ 14,376,386  3%  1%  10% 8%  67%  12%  99% Claims Expense  City Employer Contributions "CityEmployee Contributions  Other Agencies Other Revenue  - Retiree Contributions  Other Expense  107    VEHICLE REPLACEMENT FUND (VRF) FOR FISCAL YEAR 2025 BUDGET  The Vehicle Replacement Fund accounts for monies to fund the City's capital budget, for the replacement of vehicles. All vehicleslequipment maintained by the Fleet Maintenance Division of the Public' Works Department are considered under this fund. This fund minimizes fluctuations int the annual budget for vehicle expenditures and establishes a  manageable replacement cycle.  2021 ACTUAL $ 182,580 $ 4,444,832  2022 ACTUAL 38,426 $ 3,883,115  2023 ACTUAL  2024 ORIGINAL $  2025 PROPOSED $  SUMMARY OF REVENUES  SALE OF PROPERTY OTHER REVENUES TRANSFER FROM CITY DEPARTMENTS TRANSFER FROM GENERAL FUND TRANSFER FROM SANITATIONFUND  5,153,938  3,601,408  3,601,408  TOTAL $ 4,627,412 $ 3,921,541 $  5,153,938 $ 3,601,408 $ 3,601,408  2021 ACTUAL 4,235,275  2022 ACTUAL 1,869,625  2023 2024 2025 ACTUAL ORIGINAL PROPOSED $ $ 5,153,938 3,601,408 3,601,408  SUMMARY OF EXPENSES  OPERATING CAPITAL EQUIPMENT DEPRECIATION  $ (1,335,898) $ 1,293,644 $  TOTAL $ 2,899,377 $ 3,163,269 $ 5,153,938 $ 3,601,408 $ 3,601,408  108    FACILITIES IMPROVEMENT FUND (FIP) FOR FISCAL YEAR 2025 BUDGET  The Facilities Improvement Fund accounts for monies to fund deferred maintenance projects as outlinedi in the City's 10 Year Facilities Improvement Plan. The projects funded include facility operations projects that are overseen by the Public Works department as well as Parks and Recreation improvement projects that are overseen by thel Parks and Recreation department. The fund was created backi ini fiscal year 2014-2015 through a $0.01 increase int the ad valorem property tax rate. The fund receives funding through transfers from the General Fund in an amount needed toi fund the  annual budgeted projects.  2021 ACTUAL  2022 ACTUAL  2023 ORIGINAL  2024 ORIGINAL  2025 PROPOSED  SUMMARY OF REVENUES TRANSFERI FROM GENERALI FUND TRANSFER FROM CAPITAL RESERVE MISCELLANEOUS REVENUE  $ 1,350,000 $ 1,000,000 $ 1,200,000 $ 1,200,000 $ 1,200,000  TOTAL $ 1,350,000 $ 1,000,000 $ 1,200,000 $ 1,200,000 $  1,200,000 2025 PROPOSED  2021 ACTUAL  2022 ACTUAL  2023 ORIGINAL  2024 ORIGINAL  SUMMARY OF EXPENSES  CAPITAL IMPROVEMENT OTHERI EXPENSES  $ 1,791,667 $ 1,000,000 $ 1,200,000 $ 1,200,000 $ 1,200,000 TOTAL $ 1,791,667 $ 1,000,000 $ 1,200,000 $ 1,200,000 $ 1,200,000  109    CAPITAL RESERVE FUND FOR FISCAL YEAR 2025 BUDGET  Capital Reserve Fund is ai fund established tos set aside and appropriate current funding to future capital projects. Routinely, the Council has transferred unassigned fund balance from the General Fund above the 25% Fund Balance policy into the Capital Reserve Fund to fund specifically identified projects as approved by Council.  2021 ACTUAL $ 367 $ 806,882 TOTAL $  2022 2023 ACTUAL ACTUAL 55 $ 1,919 $ 2,205,587 1,919 $ 2023 ACTUAL  2024 ORIGINAL  2025 PROPOSED $ $  SUMMARY OF REVENUES INVESTMENT EARNINGS TRANSFER FROM GENERAL FUND APPROPRIATED FUNDI BALANCE  807,249 $ 2,205,642 $  2021 ACTUAL $  2022 ACTUAL $ 605,587 $ 250,000 140,487 250,000 $ 746,074 $  2024 ORIGINAL $  2025 PROPOSED  SUMMARY OF EXPENSES TRANSFER TO GENERAL FUND TRANSFER TOC CAPITAL PROJECT FUND TRANSFER TOFACILITIESI IMPROVEMENT TRANSFER TOI DICKINSON PARKING INCREASE INI RESERVE  TOTAL $  110    ORDINANCEI NO. 24-xxx CITY OF GREENVILLE, NORTH CAROLINA 2024-20251 BUDGET ORDINANCE  TECTYCOINCLOFTIECIY: OFGREENVILLE, NORTHCAROLINA. DOES ORDAIN: Section E: Estimated Revenue. Itis estimated that the following revenues willl bea availablei fort the City of Greenville  during thei fiscal year beginning Julyl 1,2 2024 and ending) June 30, 2025:  GENERALFUND  Unrestricted! Intergovernmental. Revenues: Ad' Valorem' Taxes Current Year Taxes Operations Prior Year's Taxes and Penalties Subtotal Sales" Tax Rental Vehicle Gross! Receipts Utilities Franchise Tax Motor Vehicle Tax Subtotal  $ 44,224,004 (556,000) $ 31,930,000 177,000 650,000 6,900,000 1,706,000 905,000 619,000 2,400,000 5,545,000 $ 3,500,000 275,000 350,000  43,668,004  Videol Programming & Telecommunication: Services Tax Other Unrestricted: Intergovernmental Revenues Restricted! Intergovernmental Revenues: Restricted Intergovermental Revenues Powell Bill- State allocation payment Subtotal Licenses, Permits, &I Fees: Other Licenses, Permits &F Fees Subtotal Sales and Services: Rescue Service Transport Parking Violation Penalties Leased Parking & Meters Subtotal Other Revenues: Sale of Property Other Revenues Sources Subtotal Investment! Earnings: Interest onl Investments Subtotal Other Financing Sources: Transfer from FEMAI Fund Transfer from Greenville Utilities Commission Subtotal Fund Balance. Appropriated: Appropriated. Fund Balance General Appropriated. Fund Balance- Powell Bill Subtotal TOTALGENERALFUNDREVENUES  42,268,000  $  3,019,000 5,545,000  4,125,000  $  1,250,000 $ 3,600,000 $  1,250,000 3,600,000  8,594,000 750,000  8,594,000  $  750,000 112,819,004  111    DEBTS SERVICEFUND  Occupancy' Tax Transfer from General Fund TOTALI DEBT: SERVICEI FUND Grant Income Bus Fare Ticket Sales Other Revenues Transfer from Generall Fund TOTALTRANSPORTATIONFUND  $  665,677 6,703,142  7,368,819  FBICTRANSPOATATOND  $ 4,059,974 200,000 59,500 775,000  5,094,474  FLEETI MAINTENANCEFUND  Fuell Markup Labor Fees Parts Markup Commerciall Labor! Markup Other Revenue! Sources TOTALFLEETI MAINTENANCEFUND  $ 1,804,460 2,200,767 1,738,362 729,499 50,000  6,523,088  SANITATIONI FUND  Refusel Fees Carta andl Dumpster Other Revenues Appropriated Fund Balance TOTALSANTATONEUND Utility Fee Appropriated Fund Balance  $ 8,526,000 225,000 103,600 638,350  $  9,492,950  STORMWATER MANAGEMENT UTILITYF FUND  $ 11,284,300 2,230,258  TOTALSTORMWATER MANAGEMENT UTILITYI FUND  13,514,558  COMMUNITY DEVELOPMENTI HOUSINGFUND  CDBG Grant Income HOME Grantl Income Transfer from General Fund  $  1,037,668 565,103 372,827  TOTALCOMMUNITY DEVELOPMENT HOUSINGI FUND Employer Contributions City of Greenville Employee Contributions- City of Greenville Retiree Contributions- City of Greenville Other Agencies Other Revenues Insurance Company RefumdReimbursement: Appropriated Fund Balance TOTALI HEALTHFUND  $  1,975,598  HEALTHFUND  $ 9,515,556 1,646,123 1,327,544 1,103,731 4,246 240,000 539,168  14,376,368  112    FACILITIES! IMPROVEMENTI FUND  Transfer from Generall Fund TOTALF FACILITIES! IMPROVEMENT FUND Sale of Property Transfer from Cityl Departments Appropriated) Fund Balance TOTALVEHICIE REPLACEMENT FUND Transfer from General Fund TOTALCAPTALRESERVEFUND  $  1,200,000  1,200,000  VENGEREPACHENTPUND  $  3,601,408  3,601,408  CAPTALRESERVEFUND  TOTALESTMATEDCITY. OFC GRENVIIEREVENUES  $ 175,966,267  SHEPPARDI MEMORIALLIBRARYFUND  City of Greenville Pitt County Pitt County- Bethel/Winterville Town of Bethel Town of Winterville State Aid Desk/Copier. Receipts Interest! Income Other Revenues Greenville! Housing Authority Grant- LSTAI Planning Grant Capitall Projects SMLI Fundl Balance & Capital  $ 1,436,706 679,331 12,000 21,108 176,921 235,790 59,000 40,160 39,000 13,261 460,450 59,864  TOTALSHEPPARD MEMORIALI LIBRARY! FUND  3,233,591  PITT-GREENVILLECONVENTION AND' VISITORS. AUTHORITYI FUND  Occupancy Tax (2%6) Occupancy" Tax (1%6) Capital Reserve Investment! Earnings Appropriated) Fund Balance County ARPAI Funds  $  996,832 498,416 300,000 584 110,000 150,000  TOTALPITT-GREENVILECONVENTION. AND VISITORSA AUTHORITYFUND  2,055,832  113    SectionI I: Appropriations." The following amounts arel hereby appropriated fort thec operation oft the City of Greenville and  itsa activities fort thef fiscal year beginning Julyl 1,2 2024 ande ending) June 30, 2025:  GENERALFUND  Mayor & City Council City! Manager City Clerk City Attorney Human) Resources Information' Technology Engineering Fire/Rescue Financial Services Police Recreation & Parks Public Works Planning and Development Neighborhood & Business Services Other Post] Employment Benefits Contingency Transfer to Other Funds Indirect Cost] Reimbursement TOTALGENERALFUND Debt Service Public Transportation Fleet Maintenance Sanitation! Service  $  606,254 3,483,263 440,055 816,242 3,808,579 4,614,563 5,931,869 21,151,801 4,019,795 32,399,318 9,957,375 7,902,870 3,001,981 1,570,928 700,000 40,000 14,324,998 (1,950,887) 112,819,004 7,368,819 5,094,474 6,523,088 9,492,950  DEBTSERVICEFUND  $ $ $ $  PUBLICTRANSPORTATIONI FUND FLEET MAINTENANCEFUND SANTTATIONFUND  114    STORMWATER MANAGEMENT UTILITY FUND COMMUNITY DEVELOPMENTHOUSINGFUND  Stormwater. Management  $ $ $ $ $  13,514,558 1,975,598 14,376,368 1,200,000 3,601,408  Community Development Housing /CDBG  HEALTHFUND  Health! Fund  FACILITIES IMPROVEMENT FUND VEHICLEREPLACEMENTFUND CAPTALRESERVEFUND  Facilities Improvement Fund Vehiclel Replacement Fund Transfer from General Fund TOTALCAFTALRESERVEI FUND  TOTALCITY OF GREENVILLE. APPROPRIATIONS  175,966,267 3,233,591 2,055,832  SHEPPARD. MEMORIALLIBRARY FUND  Sheppard Memorial Library  PIT-GREENVILLEC CONVENTION. AND' VISITORS AUTHORITY FUND  Pitt-Greenville Convention: and' Visitors Authority  Section! I: Encumbrances. Appropriations. herein authorized and made shalll have the amount ofc outstanding purchase orders of] June 30, 2024, added toe each: appropriation: asi it appears inc order toa accounti for thee expenditures int the fiscal year Section! IV: Revenuel Neutral Tax Rate. Ag general reappraisal ofr real property was conducted and ise effective. January 1, 2024. Ina accordance with General Statutes 159-11 the revenue- neutralj property tax rate was calculated tob be 36.85 cents Section' V: Taxes Levied. Therei is herebyl levied at taxi rate of 39.54 cents per onel hundred dollars ($100) valuation of taxable properties, asl listed fort taxes as of. January 1,2 2025 as setf forthi int the foregoing estimates ofr revenue, andi in order (a) Salaries ofl Elected Officials. The annual salaries oft thel Mayor, Mayor Pro-Tem, and other members oft the City  iny whichi it was paid.  perc onel hundred dollars ($100) valuation. tof finance thef foregoing: appropriations. Section VI: Salaries. Council shall be: asf follows:  Mayor Mayor Pro-Tem $ Councill Members $ Chair Member  $  13,900 9,600 8,700 350 200  (b) Salary Cap of Greenvillel Utilities Commission Members. Pursuant to Section 40 oft the Charter oft the Greenville Utilities Commission oft the City of Greenville, ther monthly salaries oft the members oft the Greenvillel Utilities Commission  shall note exceed thef following caps: Section VII: Amendments City Council.  $ $  (a) Pursuant tot the General Statutes 159-15, thist budget may be amended by submission of proposed changest tot the  115    (b) Notwithstanding Subsection (a): above,t the City! Manageri is authorized tot transfer funds from onea appropriationt to another within thes same fundi in an amount not toe exceed $10,000.. Anys such transfers shalll ber reportedt tot the City Council (c)I Inc case ofe emergency which threatens thel lives, health, ors safety oft thep public, the City Manager may authorize expenditures ina ana amount necessaryt tor meet thee emergency: sol long: ass such amount does note exceed the amounti in contingency accounts andt thee expenditure is reportedt tot the City Council: as soon as possible, andt the: appropriate budget  ati itsr regular meeting and shalll bee entered int the minutes. amendments are submitted att ther next regular meeting.  Section VI: Thel Manual of Fees, dated. July 1,2024, is adopted hereinb byr reference.  Section IX: Motor Vehicle" Tax. the city.  (a) Pursuant top provisions of General Statute 20-97 (b1) and Section 10-3-1 oft the Code of Ordinances, Cityo of Greenville, an: annual motor vehicle taxi int the amount oft thirty dollars ($30) isl hereby levied upon any vehicle resident in Section! X: Community Development. The City Council does hereby: authorize grant project funds fort the operation of FY 2024-2025 CDBGI Entitlement and Community Development Home Consortium programs under the Community Development Block Grant Program andl Home Consortium! Program fort thep primary purpose ofl housing rehabilitation: and Section! XI: Greenville Utilities Commission. The City Council adopts a separate ordinancei for the budget oft the Section XII: Distribution. Copies oft this ordinance shalll bei furnishedt to the City Manager and Director of Financial Services oft the City of Greenville tob bel kept ont file byt them for their directioni ind disbursement off funds.  others stated expenditures. Greenville Utilities Commission.  ADPOTED1 this the 13th dayo ofJ June, 2024.  P.J.Connelly, Mayor  ATTEST:  Valerie Shiuwegar, City Clerk  116    Greenville Utilities  Greenville Utilities Commission Board of Commissioners  Greenville City Council Customers ofGreenville Utilities Ladies and Gentlemen:  Greenville Utilities Commission (GUC) is pleased toj present the FY 2024-25 Budget that was developed using the values and objectives identified in our "Blueprint - GUC's Strategic Plan." Our mission is to enhance the quality ofl life for those we serve by safely providing reliable utility solutions at the lowest reasonable cost, with exceptional customer service in an environmentally responsible manner. Iti is not merely a statement but a guiding principle that drives every: facet ofour operations. Furthermore, we strive to energize, empower, and engage both our employees and the community we serve to foster a culture of collaboration and innovation, ensuring At GUC, we go beyond the conventional scope of utility services. Wej proudly offer retail electric, water, sewer, and natural gas services, alongside wholesale water and sewer services for neighboring communities. Our ability to provide such a wide range ofutility services is a testament to our versatility and commitment to serving the evolving needs of our community, which sets us apart from many other utilities  sustainable progress for economic growth.  across the country. Executive Summary  The Commission' 's budget maintains several key financial metrics including debt- service coverage ratios, fund balance (as defined by the NC Local Government Commission), and days cash on hand. These metrics are reviewed for each fund and at the enterprise level. Maintaining these metrics at the fund level ensures the long- term sustainability of GUC to continue meeting its mission and future financial Guiding all budgetary decisions is GUC's Strategic Plan, which emphasizes our commitment to providing exceptional service while maintaining a viable financial position. The Commission utilizes Key Performance Indicators at the corporate level on ac consistent basis to monitor our effectiveness in implementing the objectives identified in the Strategic Plan. Therefore, GUC's budget goals are designed to  objectives.  achieve the following:  Safely provide reliable utility solutions at the lowest reasonable cost Provide exceptional customer service in an environmentally responsible  manner  Position GUC to achieve greater efficiencies Continue to meet regulatory requirements Minimize rate increases Avoid future rate shock  117    Maintain Key Performance Indicators for each fund Be operationally and financially prepared for emergency situations Bej prepared for growth and expansion opportunities Preserve and/or improve bond ratings Support economic development in our community  The balancing process for the budget addressed several areas, including the review  and analysis oft the following:  The ability for all four funds to be self-supporting on a sustained basis Appropriate timing ofexpenditures for capital projects  Continued investment ini infrastructure  Revenues Personnel and staffing Cost-saving opportunities  The updated financial models, with a focus on keeping rates as affordable as  possible, while maintaining financial stability Highlights oft the FY 2024-25 proposed budget are listed below:  Expenditures budgeted for FY 2024-25 have increased by 2.6%, or $7.7M, when compared to the FY 2023-24 budget. Key points are:  $7.9M increase in operations $3.9M increase in purchased power $300K decrease in capital outlay $7.5M decrease inj purchased gas $1.5M increase in debt service $1.5M increase in City turnover $150K increase in transfers to capital projects $900K increase in transfers to rate: stabilization fund  3.8% base rate increase for the Electric Fund, a 0.5% increase from last year's 0.0% retail rate increase for the Water Fund, a 3.09reduction from last year's 5.1%r rate increase for the Sewer Fund, a 1.4% increase from last year's 0.0% rate increase for the Gas Fund, a: 5.3% decrease from last year's forecast Transition 401k contribution from fixed amount to percentage of salary Continuation ofas self-insured health insurance plan which includes a high  forecast forecast forecast  7.5% firm wholesale rate increase for the Water Fund  Funding for a 4.0% employee merit/market adjustment deductible Health Savings Account option Continuation of self-insured dental insurance plan  ii  118    Funding tol hire replacements prior to the retirement ofkey personnel to facilitate succession planning, leverage the knowledge and experience ofl long- term employees for training on critical issues and ensure smooth transitions Continuation ofinvestment in the Greenville ENC Alliance to promote Transfer of $500K to Other Post-Employment Benefits (OPEB) Transfer of$150K to the City Energy Efficiency Partnership Continued 50%1 funding of City's Job Creation Grant comply with regulatory requirements  economic development in our region  Investment of $16.6M for capital outlay to maintain system reliability and Annual turnover or transfer of $8.7M to the City of Greenville in accordance with the Charter issued by the North Carolina General Assembly  Highlights oft the FY 2024-25 capital budget are listed below:  GUC continues to make investments in capital projects to maintain reliability, meet ongoing regulatory requirements, and remain strategically positioned to facilitate growth. To that end, in FY 2024-25, GUC will be establishing  capital projects totaling $22.5M. Key Factors Affecting the FY 2024-25 Budget  As the Commission begins its 119th year of providing utility services, many challenges and opportunities present themselves regarding the development oft the  budget. Commodity Costs  The largest expenditures in the FY 2024-25 budget are for the purchased commodities ofelectricity and natural gas. Ensuring a constant, steady, and reasonably priced supply of power and natural gas is one oft the most important challenges. The supply of electricity is influenced by many factors including the cost of fuel for generation, the availability oft that supply, and other economic and international events. Power supply can often be impacted by outages at nuclear plants, unplanned maintenance and repairs for reactors and generators, and price fluctuations in fossil fuels. The delivery of electricity to the Commission through long transmission lines The supply of natural gas for the Commission, which is primarily dependent on sources located in the Gulfo ofMexico, offers challenges as well. Weather is always a factor in the delivery ofutility services. Events, such as hurricanes and winter storms, can impact the flow of natural gas to our area and can result in higher purchase prices and delivery costs for the commodity. Interruptions or price spikes impact costs and can also impact revenues as consumers often use less gas as prices  can be impacted by damages caused by weather or other factors.  rise.  iii  119    To address these issues, the Commission has entered into contracts to receive and provide a constant and steady supply of electricity. Additionally, at several customer sites, there are peak-shaving generators the utility uses to offset periods ofheavy load. Mutual aid contracts are in place with other utilities to offer assistance when The Gas Fund operates a liquefied natural gas plant to inject natural gas into the system during periods of high usage. This fuel is shipped to the plant by truck and may provide an alternative for aj portion of customer demand, as needed.  major weather events cause disruptions.  Change in Rates  To support GUC's efforts to continue to provide exceptional customer service while maintaining key financial performance metrics, several rate increases are necessary forl FY 2024-25 implementation. Monthly bills for residential electric customers using 1,0001 kilowatt hours (kWh) will increase 3.8%. The firm wholesale water rate will increase 7.5%. The typical residential sewer customer bill will increase 5.1%. No rate  increases are proposed for retail water or gas customers.  Capital Investment  The Commission serves more than 170,000 customer connections across all four operating funds. As local economic development continues to grow in our service areas, our operating systems are gearing up to meet the rising demands. The continuous expansion of our customer base necessitates proactive measures to enhance the capacities of our systems. This includes infrastructure and capacity expansions, and increased investments in capital spending. Capital spending, and the associated debt required to finance strategic investments in infrastructure, influence The Commission* s capital improvements planning and project prioritization program supports department level project planning and enables the assessment of each project's alignment with the Commission's long-term vision and strategic plan. Strategic alignment considerations include the enhancement of safety and customer service, promoting the lowest reasonable cost of service, and supporting growth as a regional utility. Functional considerations include asset criticality, reliability, and capacity, and financial evaluations are utilized to determine project impact on revenues, operations, and maintenance costs. As part oft the annual budget process, five-year financial, capital spending, and capital funding plans are prepared to identify spending needs, planned sources, and scheduling of funding. To support future growth in our service area, Hudson's Crossroads Substation is being constructed on Black Jack Simpson Road. This new substation is scheduled to be completed in 2025, providing relief for the existing Simpson substation. This substation will bei included in the transmission loop which supplies power to all ofthe distribution substations on the system. Ifai transmission line is damaged and the flow of power to one ofthe distribution substations is lost, power can be re-routed from the other point of delivery (POD) substations through the transmission loop. This enables our customers to continue to receive power until thej problem is resolved.  our budgeting process and impact rates for all funds.  iv  120    The Commission is embarking on the development ofa community solar facility, representing a significant milestone in the Commision'sjoumey towards cleaner energy. The 500-kilowatt (kW) community solar facility will provide an option for customers that are: interested ini renewable energy but are: not able toi install solar panels at their home. The facility will be located at GUC's Liquified Natural Gas (LNG) site, ensuring strategic placement and seamless integration with existing infrastructure. The anticipated completion date is September 2025. As part of the Water Distribution System Improvements project, a 1.5-million-gallon water tank will be constructed on the west side of Greenville along Allen Road. By increasing our water capacity, GUC will be able to accommodate anticipated growth Construction has begun on the replacement and addition of clarifiers at the Wastewater Treatment Plant (WWTP). This project includes the installation oft two new 125-foot diameter clarifiers at the South Plant. These clarifiers will not only restore current capacity but will also provide increased capacity to support future Expansion continues on the LNG Plant. This project will be completed in three phases. This first phase will include two 70,000-gallon cryogenic storage tanks and spill containment. The expansion will allow the Commission to reduce its reliance on  and development in the area.  growth.  trucked liquified natural gas during peak period demands.  Supply Chain Issues/Price Inflation  Amid ongoing challenges in the supply chain and escalating prices, the Commission has taken proactive measures to safeguard our ability to deliver exceptional customer service at the lowest reasonable cost. Initiatives have included the addition oftwo mobile warehouse units set up at substations, which enhanced our capacity of  sufficient supplies. Personnel Funding  Recognizing that our employees are our most valuable asset, the Commission is committed to ensuring a smooth transition into the future. In line with our objective to retain an exceptional, motivated, diverse, and agile workforce, GUC adopted the iLead program to engage employees who show potential for supervisory and management positions within the next decade. Through targeted training and mentorship, participants in the program are empowered with the skills and knowledge needed to lead with confidence and effectiveness, thereby energizing our leadership The iGrow program was designed to cultivate a diverse pool of talented individuals eligible to earn al North Carolina Certification as a water treatment plant or wastewater treatment plant operator. Through this program, operators have access to on-the-job training opportunities and North Carolina Rural Water Association (NCRWA)Certification classes, empowering them to take charge oft their own career  pipeline for the challenges ahead.  growth and development.  121    Operational Excellence  Federal, State, and local regulations continue to significantly impact all aspects oft the Commission' s operating funds, posing both challenges and opportunities for achieving excellence in our operations. Regulations governing the siting and construction ofnew generation plants, reliability standards, homeland security measures, employee safety protocols, renewable resource mandates, and quality To address emerging cybersecurity threats, the Commission' s Information Technology department performs continuous review and tuning oft training, processes, and technology. All employees are: required to participate in robust and comprehensive cybersecurity training. Advanced technologies have been implemented to detect, defend, and mitigate the effects of cybersecurity threats. Quarterly exercises are also performed to evaluate and test the Commission's: ability to defend against and react to both physical and cybersecurity threats. These initiatives not only fortify our operational efficiency but also reflect our ongoing dedication to energizing and empowering our workforce to meet the evolving challenges head-on, ensuring sustained engagement with our community.  standards all impact our operating costs and rate strategies.  Awards  The Commission received recognition from Electricities ofNorth Carolina for outstanding performance in supporting the mission of delivering excellent customer service and adding value to the Greenville region. The five awards of excellence included Future-focused, Strengthen Public Power, Provide Superior Power, Customer-centered Innovation, and People. This is the 18th year in ai row that GUC In2 2024, GUC's Electric Department received the American Public Power Association's s (APPA) Reliable Public Power Provider (RP3) Platinum Designation, for providing customers with safe and reliable electric service. Public power utilities must demonstrate proficiency in reliability, safety, workforce development, and system improvement. The Commission's overall system reliability is at 99.9%, which is a testament to the quality work our employees do every day. The designation is The Commission once again earned the Smart Energy Provider (SEP) designation from the APPA in 2022 for demonstrating commitment to and proficiency in energy efficiency, distributed generation, and environmental initiatives that support a goal of providing low-cost, quality, safe, and reliable electric service. The SEP designation, which lasts for two years, recognizes public power utilities for demonstrating leading practices in four key disciplines: smart energy program structure, energy efficiency and distributed energy programs, environmental and sustainability initiatives, and the customer experience. In total, 90 public power utilities nationwide hold the  has won. Awards of Excellence.  good for three years.  SEP designation.  vi  122    For the gth year in ai row, our Water Treatment Plant (WTP) has received the prestigious North Carolina Area Wide Optimization Award (AWOP). The NC Division of Water Resources has included the Commission among the 72 out of157 water treatment plants in the State honored for surpassing federal and state drinking water standards in 2022. The award recognition is a state effort to enhance the The WWTP "Smooth Operators" team competed at the 22nd annual Operations Challenge at the NC One Water conference and came in second for the Division 1 Collections Event. The team was also recognized for progressing to the top Division faster than any team in Operations Challenge history, making it from Division 3 to Division 1i inj just three years. These events are designed to test the diverse skills required for the operation and maintenance of wastewater facilities, collection systems, and laboratories. The WWTP staff were also presented with the Wastewater Treatment Plant Operations and Maintenance Excellence Award, honoring the wastewater plant personnel who serve their community with a high level of professionalism and diligent work in the operation and maintenance of their GUC's Public Information Office received a first-time award, Excellence in Public Power Communications, from the APPA in the print and digital category. Awards were given to those who showed ingenuity and creativity in telling their stories through outstanding copy, design, graphics, social media engagement, and video The Commission places a high value on employee safety, prioritizing working safely and keeping their customers safe. Each year, staff from various departments attend the NC Department ofLabor (NCDOL) and Greenville-Pitt County Chamber ofCommerce's annual Safety Banquet to recognize the Commission' s safety record, along with other local businesses. Ina all, the Commission was. honored with nine safety awards in 2023. Gold Level Awards were presented to companies with days away from work, job transfers, or restricted time rates atl least 50% below industry average. Awards at this level went to WWTP (16hh year), Customer Relations (10t year), WTP (6th year), Express Office (3rd year), Administration (2nd, year), Administration Building (2nd year), Finance (2md, year), Information Technology (2nd year), and Meter (2nd year). NCDOL's Safety Awards Program was established in 1946 and recognizes private and public firms throughout the state that maintain good The Government Finance Officers Association ofthe United States and Canada (GFOA) presented the Distinguished Budget Presentation Award to GUC for its annual budget for the fiscal year beginning July 1, 2023. In order to receive this award, a governmental unit must publish al budget document that meets program criteria as a policy document, an operations guide, a financial plan, and a communications device. GUC has received this award for the past eight years. The Commission also earned the GFOA Certificate of Achievement for Excellence in Financial Reporting for the 14th consecutive year. Thej purpose ofthe Annual  performance of existing surface water treatment facilities.  wastewater treatment facility.  editing.  safety records.  vii  123    Comprehensive Financial Report (ACFR) is to prepare financial reports oft the highest quality for the benefit ofi its citizens and other parties with a vital interest in the Commission's finances. The Popular Annual Financial Report (PAFR), a simplified, abbreviated version ofthe ACFR, received the GFOA Award for Outstanding Achievement in Popular Annual Financial Reporting for the eight consecutive year. For the 13th year in ai row, the Commission's Purchasing division received the Sustained Professional Purchasing Award (SPPA), presented by the Carolinas Association of Governmental Purchasing (CAGP). GUC: is one of15 member agencies throughout North Carolina and South Carolina to receive this designation for  fiscal year 2023.  Economic Development & Community Involvement  GUC maintains its commitment to supporting growth and economic development initiatives throughout the City of Greenville and Pitt County. The Commission continues to be a sustaining member of the public-private partnership Greenville ENC Alliance to promote economic development in our community. The Commission continues to be a leader in the community by participating in communty-sponsored events such as PirateFest, Freeboot Friday, and job fairs at our local Pitt County high schools. The Electric Department participates in the local Tradesformers program, which is a youth apprenticeship program designed to connect high school students with growing industry trades in our area. GUC also participates in the STEM Outreach Program, which focuses on educating schools and colleges about the diverse set ofs science, technology, engineering, and math (STEM) careers that the Commission offers. The Commission's Customer Relations department continues to donate blankets and fans to provide relief during the winter and summer months for local residents in need. GUC's United Way committee raised over $37,500 in its most recent campaign to create lasting changes that benefit seniors, families, and children in our community. The Commission is also ai member oft the Greenville-Pitt County Chamber of Commerce and actively participates in chamber-  related events.  SUMMARY  The FY 2024-25 balanced budget was developed with the staff's best effort to control costs, while continuing to provide a high level ofs service to GUC's customers. Not only is the budget balanced for the near term, it also includes key components to position GUC for long-term sustainability. We are committed to upholding our mission ofs safely providing reliable utility solutions at the lowest reasonable cost, with exceptional customer service in an environmentally responsible manner. Together, let us continue to energize, empower, and engage our communities, building a brighter and more sustainable future for generations to come.  viii  124    On behalf oft the entire staff at GUC, Iam pleased toj present this budget for FY 2024-  25.  Dts, CG Anthony C. Cannon General Manager/CEO  ix  125    ORDINANCE NO.24- CITY OF GREENVILLE, NORTH CAROLINA  2024-25 GREENVILLE UTILITIES COMMISSION BUDGET ORDINANCE  THE CITY COUNCIL OF THE CITY OF GREENVILLE, NORTH CAROLINA, DOES ORDAIN:  Sectionl. Estimated Net Revenues and Fund Balances. Itise estimatedi that thet following non-tax revenues and fund balances willl be available during the fiscaly year beginning. July1,2024, and ending June 30, 2025, tor meet the subsequent expenditures, according tot thet following schedules:  Revenues Electric Fund Rates & Charges Fees & Charges Miscellaneous Interest on Investments Bond Proceeds Transfer from Rate Stabilization Total Electric Fund Revenue Water Fund Rates & Charges Fees & Charges Miscellaneous Interest on Investments Bond Proceeds Total Water Fund Revenue Sewer Fund Rates & Charges Fees & Charges Miscellaneous Interest on Investments Bond Proceeds Total Sewer Fund Revenue Gas Fund Rates & Charges Fees & Charges Miscellaneous Interest on Investments Bond Proceeds Total Gas Fund Revenue Total Revenues  Budget  A.  $192,291,177 2,118,901 4,458,472 839,892 295,380 6,000,000  $206,003,822  B.  $26,433,136 503,323 220,696 151,270 58,725  $27,367,150  C.  $25,806,395 443,161 139,037 145,578 210,975  $26,745,146  D.  $41,348,067 176,023 114,393 256,894 215,550  $42,110,927 $302,227,045  Sectionl II. Expenditures. Thei following amounts are hereby estimated fori the Greenville Utilities Commission tol be expended for managing, operating, improving, maintaining, and extending electric, water, sewer and gasu utilities during thef fiscaly year beginning. July 1, 2024, and ending onJ June 30, 2025,  according tot thet followings schedules: Expenditures Electric Fund Water Fund Sewer Fund Gas Fund Total Expenditures  Budget  $206,003,822 27,367,150 26,745,146 42,110,927  $302,227,045  126    Section III. Capital Improvements. Thef following Capital Improvements anticipated revenues and project appropriations asl listed belowi int this section are  hereby adoptedi int thef fiscaly year beginning. July 1, 2024.  (a)l Iti ise estimated that thet following non-tax revenues and longt term debt proceeds willl be available tof fund capital project expenditures that  will begini int the fiscaly year beginning. July 1, 2024. Capital Projects Revenues Electric Fund- Capital Projects FundE Balance Electric Fund- Long-Term Debt Proceeds Water Fund- Capital Projects Fund Balance Water Fund- Long-Term Debt Proceeds Sewer Fund- Capital Projects Fund Balance Sewer Fund Long Term Debt Proceeds Gas Fund- Capital Projects Fund Balance  Budget  $425,000 14,475,000 2,775,000 2,070,000 975,000 1,370,000 425,000  Total Revenues  $22,515,000 Budget  (b)1 Thei following amounts are! hereby appropriated for capital projects that will begin during the fiscal year beginning. July 1, 2024.  Capital Projects Expenditures FCP10245. Admin HVAC Upgrades ECP10264: 101 MWI Peak: Shaving Generator Plant ECP10265 Radial Substation Conversion WCP10044 COG BUILD Grant 5th Street WCP10045 NCDOT 14th Street WCP10046 NCDOT Allen Road WCP10047 NCDOT Coreya and Worthington WCP10048 NCDOTI fretower/Portertown WCP10049 WTPI Lagoon and Impoundment Improvements SCP10249 COG BUILD Grant- 5th Street SCP102501 NCDOT Allen Road SCP10251 NCDOT Firetower/Portertown SCP10252 NCDOT: 14th Street SCP10253 NCDOT Corey and Worthington Total Capital Projects Expenditures  $1,700,000 13,375,000 1,100,000 2,650,000 45,000 10,000 150,000 65,000 1,500,000 1,750,000 10,000 125,000 25,000 10,000  $22,515,000  Section IV: Amendments.  (a) Pursuant to General Statutes 159-15, this budget may be amended by submission of proposed changes tot the City Council. (b) Notwithstanding: Subsection (a) above, the General Manager/CEO of Greenville Utilities Commission is authorized tot transfer funds from one appropriation to another ina an amount not to exceed $100,000. Anys such transfers shall be reported tot the Greenville Utilities Commission (c) In case ofe emergency which threatens the lives, health, ors safety of thep public, the General Manager/CEO may authorize expenditures ina an amount necessaryt tor meet the emergency so long as such amount does not exceed the amount in contingency accounts and the expenditure is reported tot the Greenville Utilities Commission as soon as possible, and appropriate budget amendments are submitted tot the City Council, if  andt the City Council att their next regular meeting and shall be entered int the minutes.  necessary, ati its next regular meeting.  (d) Capital Projects listedi ins section III may! be amended on ani individual project basis.  Section' V: Appropriation. The capital project revenue: and expenditure: authorizations. shall extendi from year to year until each project is completed. Section VI: Distribution. Copies of this ordinance: shall bet furnished to the General Manager/CEO: and the Chief Financial Officer of the Greenville Utilities Commission, and the Director of Financial Services of the City of Greenville to bel kept onf file by themf for their direction int the disbursement off funds.  Adopted this the 13th day of June, 2024.  P.J.Connelly, Mayor  Attest:  Valerie Shiuwegar, City Clerk  127    ALL FUNDS  FY 2023 Actual  FY: 2024 Budget  FY2024 Projected  FY2025 Budget  REVENUE: Rates & Charges Fees & Charges U.G. & Temp. Ser. Chgs. Miscellaneous Interest on Investments FEMA/Insurance Reimbursement Bond Proceeds Transfer from Capital Projects Transfer from Rate! Stabilization  $ 264,630,965 $ 278,321,560 $ 268,466,344 $ 285,878,775  2,655,656 443,695 4,438,015 2,021,103 375,396 366,391 5,820,000  2,342,250 440,000 2,413,860 815,000 10,200,000  2,615,507 953,092 8,204,838 1,884,090 47,783 7,500,000  2,569,394 672,014 4,932,598 1,393,634 780,630 6,000,000  280,751,221 $ 294,532,670 $ 289,671,654 $ 302,227,045  EXPENDITURES: Operations Purchased Power Purchased Gas Capital Outlay Debt Service City Turnover - General Street Light Reimbursement Transfer to OPEB Trust Transfer to Rate Stabilization Transfer to Capital Projects Operating Contingencies  $  84,249,148 $ 123,403,756 27,998,811 17,642,747 12,828,919 6,059,368 1,032,061 500,000 1,000,000 4,595,000  87,406,176 $ 136,930,058 28,070,700 16,873,680 14,853,005 6,180,555 959,977 500,000 2,200,000 558,519  89,584,894 $ 132,618,781 20,102,157 15,798,125 14,855,555 7,204,587 1,085,555 500,000 1,650,000 5,800,000 472,000  95,254,052 140,868,151 20,591,544 16,608,922 16,333,917 7,564,107 1,100,743 500,000 900,000 2,350,000 155,609  279,309,810 $ 294,532,670 $ 289,671,654 $ 302,227,045  128    ELECTRICFUND  FY2023 Actual  FY 2024 Budget  FY2024 Projected  FY2025 Budget  REVENUE: Rates & Charges Fees & Charges U.G. & Temp. Ser. Chgs. Miscellaneous Interest on Investments FEMA/Insurance Reimbursement Bond Proceeds Transfer from Capital Projects Transfer from Rate! Stabilization  $ 169,332,514 $ 182,903,800 $ 176,563,019 $ 192,291,177  1,458,346 423,395 2,887,073 1,235,557 287,613 3,323 5,820,000  1,310,000 420,000 2,007,564 530,000 7,800,000  1,265,929 907,118 6,044,668 1,136,437 47,783 7,500,000  1,476,802 642,099 4,458,472 839,892 295,380 6,000,000  181,447,821 $ 194,971,364 $ 193,464,954 $ 206,003,822  EXPENDITURES: Operations Purchased Power Capital Outlay Debt Service City Turnover- General Street Light Reimbursement Transfer to OPEB Trust Transfer to Capital Projects Operating Contingencies  $  34,414,049 $ 123,403,756 13,150,742 4,776,459 4,356,852 1,032,061 275,000  36,393,624 $ 136,930,058 10,926,900 4,782,256 4,443,989 959,977 275,000 259,560  37,149,441 $ 132,618,781 10,547,593 4,782,500 5,285,203 1,085,555 275,000 1,600,000 120,881  40,486,575 140,868,151 12,236,818 5,520,685 5,488,749 1,100,743 275,000 27,101  181,408,919 $ 194,971,364 $ 193,464,954 $ 206,003,822  129    WATER FUND  FY2023 Actual  FY2024 Budget  FY2024 Projected  FY2025 Budget 26,433,136 473,408 29,915 220,696 151,270 58,725  REVENUE: Rates & Charges Fees & Charges U. G. & Temp. Ser. Chgs. Miscellaneous Interest on Investments Bond Proceeds Transfer from Cap Projects  $  24,649,560 $ 462,660 20,300 869,106 215,102 18,635 113,464  26,171,128 $ 430,000 20,000 239,000 100,000  25,985,473 $ 608,219 45,974 677,754 197,136  26,348,827 $ 26,960,128 $ 27,514,556 $ 27,367,150  EXPENDITURES: Operations Capital Outlay Debt Service Transfer to OPEB Trust Transfer to Capital Projects Operating Contingencies  $  19,202,002 $ 1,130,177 2,249,711 75,000 2,860,000  18,779,372 $ 1,966,250 4,405,043 75,000 1,600,000 134,463  19,416,788 $ 1,733,775 4,386,615 75,000 1,850,000 52,378  19,999,308 1,631,979 4,639,167 75,000 950,000 71,696  25,516,890 $ 26,960,128 $ 27,514,556 $ 27,367,150  130    SEWER FUND  FY2023 Actual  FY2024 Budget  FY2024 Projected  FY2025 Budget 25,806,395 443,161 139,037 145,578 210,975  REVENUE: Rates & Charges Fees & Charges Miscellaneous Interest on Investments Bond Proceeds Transfer from Capital Projects  $  24,237,206 $ 564,459 263,425 204,009 69,148 142,007  24,729,081 $ 420,250 92,250 85,000  24,518,881 $ 573,260 687,497 190,382  25,480,254 $ 25,326,581 $ 25,970,020 $ 26,745,146  EXPENDITURES: Operations Capital Outlay Debt Service Transfer to OPEB Trust Transfer to Capital Projects Operating Contingencies  $  17,956,079 $ 1,958,980 4,601,404 75,000 735,000  18,645,956 $ 1,434,130 4,492,110 75,000 600,000 79,385  19,111,454 $ 1,482,832 4,512,903 75,000 700,000 87,831  20,082,187 1,268,582 4,779,511 75,000 500,000 39,866  25,326,463 $ 25,326,581 $ 25,970,020 $ 26,745,146  131    GAS FUND  FY2023 Actual  FY2 2024 Budget  FY2024 Projected  FY2025 Budget 41,348,067 176,023 114,393 256,894 215,550  REVENUE: Rates & Charges Fees & Charges Miscellaneous Interest on Investments Bond Proceeds Transfer from Capital Projects Transfer from Rate Stabilization  $  46,411,685 $ 170,191 418,411 366,435 107,597  44,517,551 $ 182,000 75,046 100,000 2,400,000  41,398,971 $ 168,099 794,919 360,135  47,474,319 $ 47,274,597 $ 42,722,124 $ 42,110,927  EXPENDITURES: Operations Purchased Gas Capital Outlay Debt Service City Turnover- General Transfer to OPEB Trust Transfer to Rate! Stabilization Transfer to Capital Projects Operating Contingencies  $  12,677,018 $ 27,998,811 1,402,848 1,201,345 1,702,516 75,000 1,000,000 1,000,000  13,587,224 $ 28,070,700 2,546,400 1,173,596 1,736,566 75,000 85,111  13,907,211 $ 20,102,157 2,033,925 1,173,537 1,919,384 75,000 1,650,000 1,650,000 210,910  14,685,982 20,591,544 1,471,543 1,394,554 2,075,358 75,000 900,000 900,000 16,946  47,057,538 $ 47,274,597 $ 42,722,124 $ 42,110,927  132    GREENVILLE UTILITIES COMMISSION BUDGET BYI DEPARTMENT 2024-2025 Water 1,025,700 2,871,832 1,109,147 1,356,871 270,441 51,500 589,445 14,013,493 346,483 5,732,238 27,367,150  Department Governing Body and Administration Finance Human Resources Information Technology Customer Relations Developmental Activities Electric Department Shared Resources Meter Water Department Sewer Department Gas Department Utility Locating Service Ancillary Grand Total  Electric 1,025,700 8,338,617 2,067,048 4,280,810 4,327,094 1,093,816 28,976,783 108,500 2,161,308  Sewer 1,025,700 2,711,554 1,058,733 1,356,872 270,444 47,000 589,446 13,947,029 346,481 5,391,887 26,745,146  Gas 1,025,701 2,957,322 806,652 1,530,001 540,886 53,000 589,446 8,309,858 346,479 25,951,582 190,353,371 42,110,927 302,227,045  Total 4,102,801 16,879,325 5,041,580 8,524,554 5,408,865 1,093,816 28,976,783 260,000 3,929,645 14,013,493 13,947,029 8,309,858 1,385,925  346,482 153,277,664 206,003,822  2023-2024 Water 862,760 2,591,960 983,002 1,237,547 295,663 80,250 542,671 13,721,131 433,023 6,212,121 26,960,128  Department Governing Body and Administration Finance Human Resources Information Technology Customer Relations Developmental Activities Electric Department Shared Resources Meter Water Department Sewer Department Gas Department Utility! Locating Service Ancillary Grand' Total  Electric 1,382,760 9,386,013 1,831,958 4,109,550 4,070,614 791,465 23,143,828 184,750 1,989,793 433,023 147,647,610 194,971,364  Sewer 862,760 2,501,324 938,320 1,237,547 300,663 72,000 542,671 13,193,033 433,023 5,245,240 25,326,581  Gas 862,760 2,825,044 714,910 1,409,910 501,327 83,000 542,671 8,763,028 433,023 31,138,924 190,243,895 47,274,597 294,532,670  Total 3,971,040 17,304,341 4,468,190 7,994,554 5,168,267 791,465 23,143,828 420,000 3,617,806 13,721,131 13,193,033 8,763,028 1,732,092  133    GREENVILLE UTILITIES COMMISSION EXPENDITURES BY DEPARTMENT  FY2023 Actual 3,697,161 15,659,836 3,677,257 7,152,572 4,146,786 757,508 25,933,910 441,316 3,589,696 13,906,989 13,613,252 7,519,227 1,939,733 177,274,567 279,309,810  FY2024 Budget 3,971,040 17,304,341 4,468,190 7,994,554 5,168,267 791,465 23,143,828 420,000 3,617,806 13,721,131 13,193,033 8,763,028 1,732,092 190,243,895 294,532,670  FY2024 Projected 3,951,460 17,202,500 4,461,048 8,446,981 5,120,828 1,003,323 23,578,173 206,800 3,542,137 14,113,139 13,572,331 8,511,597 1,687,668 184,273,669 289,671,654  FY2025 Budget 4,102,801 16,879,325 5,041,580 8,524,554 5,408,865 1,093,816 28,976,783 260,000 3,929,645 14,013,493 13,947,029 8,309,858 1,385,925 190,353,371 302,227,045  Department Governing Body and Administration Finance Human Resources Information Technology Customer Relations Development Activities Electric Department Shared Resources Meter Water Department Sewer Department Gas Department Utility Locating Service Ancillary  Total  134    RESOLUTION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A RESOLUTION PROVIDING FOR THE RENMBUASEMENTIOTHE GREENVILLE UTILITIES COMMISSION, OF THE CITY OF GREENVILLE, NORTH CAROLINA, A BODY POLITIC DULY CHARTERED BY' THE STATE OF NORTH CAROLINA, FROMTHE PROCEEDS OF ONE OR MORE FINANCING(S) FOR THE EXPENDITURE OF FUNDS FOR CERTAIN IMPROVEMENTS TOTHE COMBINED ENTERPRISE  SYSTEM  WHEREAS, in accordance with Chapter 861 oft the 1991 Session Laws ofNorth Carolina, the Greenville Utilities Commission (the "Commission") has been created for the proper management of the public utilities of the City of Greenville, North Carolina (the "City"), comprising an electric system, a natural gas system, a sanitary sewer system and a water system within and without the corporate limits of the City, (collectively the "Combined Enterprise System") with responsibility for the entire supervision and control of the management, operation,  maintenance, improvement and extension oft the Combined Enterprise System;  WHEREAS, Section 1.150-2 of the Treasury Regulations prescribes specific procedures which will be applicable to certain bonds, notes or other indebtedness ("Debt") issued by or on behalf of the Commission and the City including, without limitation, ai requirement that the City declare official intent to reimburse certain expenditures with proceeds ofDebt to be incurred prior  to, or within sixty (60) days of, payment of the expenditures to be reimbursed;  WHEREAS, the Commission has identified certain improvements (the "Additional Improvements") to the Combined Enterprise System that have been and must be funded from available funds pending reimbursement from the proceeds ofDebt to be issued for such purposes; WHEREAS, the Additional Improvements consist of HVAC upgrades, NCDOT projects, a radial substation conversion, a peak shaving generator plant, and lagoon and impoundment  mprovements; now, therefore,  BE ITI RESOLVED BY THE GREENVILLE UTILITIES COMMISSION as follows;  1.  The City is hereby requested to give favorable consideration to and pass the  proposed resolution, which resolution (the Reimbursement Resolution") effectively would provide for the reimbursement to the Commission from the proceeds of one or more Debt financing(s) (estimated to be $22,515,000) for certain expenditures for the Additional Improvements made noti more than 60 days prior tot the adoption oft thel Reimbursement Resolution, the Commission having determined that such adoption will bei in thel best interests ofthe Combined  Enterprise System.  2. This resolution shall take effect immediately upon its passage, and a certified copy thereofshall bej provided to the City Clerk for presentation to the City Council at its next regularly  scheduled meeting.  135    Adopted this the 13th day of June, 2024.  Peter Geiger, Chair  ATTEST: Ferrell Blount Secretary  APPROVED ASTO FORM: Phillip R. Dixon General Counsel  136    RESOLUTION NO. 24-  RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF GREENVILLE TO REIMBURSE THE GREENVILLE UTILITIES COMMISSION, OF THE CITY OF GREENVILLE, NORTH CAROLINA, A BODY POLITIC DULY CHARTERED BY THE STATE OF NORTH CAROLINA, FROM THE PROCEEDS OF ONE OR MORE FINANCING(S) FOR CERTAIN EXPENDITURES MADE. ANDTO BE MADE: IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS WHEREAS, in accordance with Chapter 861 ofthe 1991 Session Laws ofNorth Carolina, the Greenville Utilities Commission (the "Commission") has been created for the proper management of the public utilities of the City of Greenville, North Carolina (the "City"), comprising an electric system, a natural gas system, a sanitary sewer system and a water system within and without the corporate limits of the City, (collectively the "Combined Enterprise System") with responsibility for the entire supervision and control of the management, operation, maintenance, improvement and extension oft the Combined Enterprise System; and  WHEREAS, Section 1.150-2 of the Treasury Regulations (the "Regulations"): prescribes specific procedures which will be applicable to certain bonds, notes or other indebtedness ("Debt") issued by or on behalfofthe Commission and the City including, without limitation, ai requirement that the City declare official intent to reimburse certain expenditures with proceeds ofl Debt to be incurred prior to, or within sixty (60) days of, payment oft the expenditures to be reimbursed; WHEREAS, the Commission has determined to pay certain expenditures (the "Expenditures") incurred no more than 60 days prior to the date hereofand thereafter relating to the acquisition and construction of certain improvements (collectively, the "Additional  Improvements") more fully described below;  WHEREAS, the Additional Improvements consist ofHVAC upgrades, NCDOT projects,  aradial substation conversion, aj peak shaving generator plant, and WTP lagoon and  impoundment improvements; and  WHEREAS, the City Council of the City has determined that those moneys previously advanced by the Commission no more than 60 days prior to the date hereof to pay such Expenditures are available only on a temporary period and that it is necessary to reimburse the Commission for the Expenditures from the proceeds of one or more issues ofDebt;  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows: Section 1. The City hereby declares concurrence with the Commission's intent to reimburse the Commission from the proceeds oft the Debt for the Expenditures made with respect tot the Additional Improvements no more than 60 days prior to the date hereof and thereafter. Section 2. Each Expenditure was or will be either (a) ofa type chargeable to capital account under general federal income tax principles (determined as of the date of the Expenditures), (b) the cost ofissuance with respect to the Debt, (C)anon-recurring item that is not customarily payable from current revenues oft the Combined Enterprise System, or (d) a grant toa  137    party that is not related to or an agent of the Commission or City SO long as such grant does not impose any obligation or condition (directly ori indirectly) to repay any amount to or fort the benefit  ofthe Commission or City.  Section 3. The principal amount of the Debt estimated to be issued to reimburse the Commission for Expenditures for the Additional Improvements is estimated to be not more than  $22,515,000.  Section 4. The Commission and the City will make ai reimbursement allocation, which isa a written allocation by the Commission and the City that evidences the Commission's use of proceeds ofthe Debt to reimburse an Expenditure no later than 18 months after the later ofthe date on which such Expenditure is paid or the Project is placed in service or abandoned, but ini no event more than three years after the date on which the Expenditure is paid. The City recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, (expenditures by "small issuers" based on the year ofissuance and not the year  ofe expenditure), and expenditures for construction projects of at least 5 years.  Section 5. This declaration of official intent is made pursuant to Section 1.150-2 of the Section 6. The resolution shall take effect immediately upon its passage.  Treasury Regulations.  Adopted this the 13th day ofJune, 2024.  P.J. Connelly, Mayor  ATTEST:  Valerie Shiuwegar City Clerk  138    Upon motion of Council member  seconded by Council: member  the foregoing resolution was adopted by the following vote:  Ayes:  Noes: *****  I,Valerie Shiuwegar, City Clerk of the City ofGreenville, North Carolina DO HEREBY CERTIFY that the foregoing is a true copy ofs such much of the proceedings oft the City Council ofsaid City at a regular meeting held on. June 13, 2024 as it relates in any way to the passage of the foregoing resolution and that said proceedings are: recorded in the minutes of said Council. IDO HEREBY FURTHER CERTIFY that proper notice of such regular meeting was given as WITNESS my hand and the official seal ofs said City, this 13th day of. June, 2024.  required by North Carolina law.  City Clerk [SEAL]  139    RESOLUTION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A RESOLUTION PROVIDING FOR THE RENMBUASEMENTIOTHE GREENVILLE UTILITIES COMMISSION, OF THE CITY OF GREENVILLE, NORTH CAROLINA, A BODY POLITIC DULY CHARTERED BY' THE STATE OF NORTH CAROLINA, FROMTHE PROCEEDS OF ONE OR MORE FINANCING(S) FOR THE EXPENDITURE OF FUNDS FOR CERTAIN IMPROVEMENTS TOTHE COMBINED ENTERPRISE  SYSTEM  WHEREAS, in accordance with Chapter 861 oft the 1991 Session Laws ofNorth Carolina, the Greenville Utilities Commission (the "Commission") has been created for the proper management of the public utilities of the City of Greenville, North Carolina (the "City"), comprising an electric system, a natural gas system, a sanitary sewer system and a water system within and without the corporate limits of the City, (collectively the "Combined Enterprise System") with responsibility for the entire supervision and control of the management, operation,  maintenance, improvement and extension oft the Combined Enterprise System;  WHEREAS, Section 1.150-2 of the Treasury Regulations prescribes specific procedures which will be applicable to certain bonds, notes or other indebtedness ("Debt") issued by or on behalf of the Commission and the City including, without limitation, ai requirement that the City declare official intent to reimburse certain expenditures with proceeds ofDebt to be incurred prior  to, or within sixty (60) days of, payment of the expenditures to be reimbursed;  WHEREAS, the Commission has identified certain improvements (the "Additional Improvements") to the Combined Enterprise System that have been and must be funded from available funds pending reimbursement from the proceeds ofDebt to be issued for such purposes; WHEREAS, the Additional Improvements consist of light and heavy vehicles (including certain bucket and utility trucks and trailers) and other related equipment; now, therefore, BE ITI RESOLVED BY THE GREENVILLE UTILITIES COMMISSION as follows;  1.  The City is hereby requested to give favorable consideration to and pass the  proposed resolution, which resolution (the Reimbursement Resolution") effectively would provide for the reimbursement to the Commission from the proceeds of one or more Debt financing(s) (estimated to be $1,965,000) for certain expenditures for the Additional Improvements made not: more than 60 days priort tot the adoption ofthel Reimbursement Resolution, the Commission having determined that such adoption willl bei in thel best interests ofthe Combined  Enterprise System.  2. This resolution shall take effect immediately upon its passage, and a certified copy thereofshall bej provided to the City Clerk for presentation to the City Council at its nexti regularly  scheduled meeting.  140    Adopted this the 13th day of] June, 2024.  Peter Geiger, Chair  ATTEST: Ferrell Blount Secretary  APPROVED ASTO: FORM: Phillip R. Dixon General Counsel  141    RESOLUTION NO. 24-  RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF GREENVILLE TO REIMBURSE THE GREENVILLE UTILITIES COMMISSION, OF THE CITY OF GREENVILLE, NORTH CAROLINA, A BODY POLITIC DULY CHARTERED BY THE STATE OF NORTH CAROLINA, FROM THE PROCEEDS OF ONE OR MORE FINANCING(S) FOR CERTAIN EXPENDITURES MADE. ANDTO BE MADE: IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF CERTAIN IMPROVEMENTS WHEREAS, in accordance with Chapter 861 ofthe 1991 Session Laws ofNorth Carolina, the Greenville Utilities Commission (the "Commission") has been created for the proper management of the public utilities of the City of Greenville, North Carolina (the "City"), comprising an electric system, a natural gas system, a sanitary sewer system and a water system within and without the corporate limits of the City, (collectively the "Combined Enterprise System") with responsibility for the entire supervision and control of the management, operation, maintenance, improvement and extension oft the Combined Enterprise System; and  WHEREAS, Section 1.150-2 of the Treasury Regulations (the "Regulations"): prescribes specific procedures which will be applicable to certain bonds, notes or other indebtedness ("Debt") issued by or on behalfofthe Commission and the City including, without limitation, ai requirement that the City declare official intent to reimburse certain expenditures with proceeds ofl Debt to be incurred prior to, or within sixty (60) days of, payment oft the expenditures to be reimbursed; WHEREAS, the Commission has determined to pay certain expenditures (the "Expenditures") incurred no more than 60 days prior to the date hereofand thereafter relating to the acquisition and construction of certain improvements (collectively, the "Additional  Improvements") more fully described below;  WHEREAS, the Additional Improvements consist ofl light and heavy vehicles (including WHEREAS, the City Council of the City has determined that those moneys previously advanced by the Commission no more than 60 days prior to the date hereof to pay such Expenditures are available only on a temporary period and that it is necessary to reimburse the Commission for the Expenditures from the proceeds ofone ori more issues ofDebt;  certain bucket and utility trucks and trailers) and other related equipment; and  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows: Section 1. The City hereby declares concurrence with the Commission's intent to reimburse the Commission from the proceeds oft the Debt for the Expenditures made with respect to the Additional Improvements no more than 60 days prior to the date hereof and thereafter. Section 2. Each Expenditure was or will be either (a) of a type chargeable to capital account under general federal income tax principles (determined as of the date of the Expenditures), (b) the cost ofissuance with respect to the Debt, (c) ai non-recurring item thati is not customarily payable from current revenues of the Combined Enterprise System, or (d) a grant to a party that is not related to or an agent of the Commission or City sO long as such grant does not  142    impose any obligation or condition (directly ori indirectly) to repay any amount to or fort the benefit  ofthe Commission or City.  Section3. The principal amount of the Debt estimated to be issued to reimburse the Commission for Expenditures for the Additional Improvements is estimated to be not more than  $1,965,000.  Section 4. The Commission and the City will make ai reimbursement allocation, which is a written allocation by the Commission and the City that evidences the Commission's use of proceeds ofthel Debt toi reimburse an Expenditure: no later than 18 months after thel later ofthe date on which such Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The City recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, (expenditures by "small issuers" based on the year ofissuance and not the year  ofexpenditure), and expenditures for construction projects of at least 5 years.  Section 5. This declaration of official intent is made pursuant to Section 1.150-2 of the Section 6. The resolution shall take effect immediately upon its passage.  Treasury Regulations.  Adopted this the 13th day ofJune, 2024.  P.J.C Connelly, Mayor  ATTEST:  Valerie Shiuwegar City Clerk  143    Upon motion of Council member  seconded by Council: member  the foregoing resolution was adopted by the following vote:  Ayes:  Noes: ******  IValerie Shiuwegar, City Clerk of the City of Greenville, North Carolina DO HEREBY CERTIFY that the foregoing is a true copy of such much oft the proceedings oft the City Council ofsaid City at ai regular meeting held on June 13,2024 as it relates in any way to the passage of the foregoing resolution and that said proceedings are recorded in the minutes ofs said Council. IDOH HEREBY FURTHER CERTIFY that proper notice of such regular meeting was given as WITNESS my hand and the official seal of said City, this 13th day ofJune, 2024.  required by North Carolina law.  City Clerk [SEAL]  144    Greenville NORTH CAROLINA  Find yourself in good companye  CITY OF GREENVILLE  MANUAL OF FEES  July 1,2024 Document Number 1163937 v6  145    TABLE OF CONTENTS  Page Number(s)  Introduction Administrative Fees Animal Protective Services Fees Cemetery Fees Code Enforcement Fees Engineering Fees Fire/Rescue Fees Information lechnology Fees Inspections Fees Parking Fees Parking Penalties Planning Fees Police Fees  1 2-3 4 5 6 7-8 9-10 11 12-15 16 17-18 19-20 21-23 24 25 26-33 34 35 36-37 38 39 40 41-42  Public Transportation Fees Publications Fees Recreation & Parks Fees Sanitation Fees Special Events Fees Stormwater Fees Streets Fees Taxicab Fares Taxicab Zone Fares  Greenville Aquatics & Fitness Center (GAFC)  146    INTRODUCTION  The Manual of Fees represents the compilation into one document of the fees and charges established by the City Council. Annually, the Manual of Fees is reviewed in its entirety and edited with any changes After adoption by City Council in June of each year, revisions may only be made in this Manual as fees The Manual of Fees was first printed on March 12, 1981. The Manual of Fees was repealed by the City  that may be made by City Council during the budget process.  and charges are subsequently amended, established, or altered by City Council.  Council and a new Manual of] Fees was adopted on. June 9, 1983 by Ordinance 1280.  1Page  147    ADMINISTRATIVE FEES  Service  Fee  Beer & Wine Privilege License (valid May 1-April 30)  Beer On Premises Beer Offl Premises Unfortified Wine On Premises Unfortified Wine Off Premises Fortified Wine On Premises Fortified Wine OffPremises Mixed Beverages  $15.00 annually $10.00 annually $15.00 annually $10.00 annually $15.00 annually $10.00 annually No Charge 10% penalty  Failure tol Pay Required Beer & Wine Privilege License Tax (Operating without current Beer & Wine License/s) Late Fee for Renewing Annual License After April 30  5% of applicable license fees ifr renewed 10% ofa applicable license fees ifrenewed 15% ofapplicable license fees ifrenewed 20% of applicable license fees ifrenewed 25% ofapplicable license fees if renewed on  during the Month ofMay during the Month ofJune during the Month ofJuly during the Month of August  September 1 or later  ABC Permit Holder Business Name Change Only* Citizen Self Service - Credit Card Convenience Fee Any Information Not Specifically Listed Requiring Research of Council, Board, or Commission Minutes 20 Years and Older Video Mailing Fee (to Cover Postage & Envelope)  $10.00  *New ABC permit application and beer & wine license application are required when any other changes are  requested Copies  $1.50 per transaction  $0.25/page for each page over 7 pages  $2.00/page for each  over page 7 pages $15.00 $3.00 $30.00 $10.00 $20.00 $30.00 $10 per person S15(e-Notarirations)  Video Copy Fee Motor Vehicle Fee Notary Service 1S Signature 2 Signatures 3 Signatures  Acknowledgments, jurats, verifications, or proofs Oaths or affirmations without a signature (except for the identity of a principal or subscribing witness Electronic Notarization under G.S. 10B-188  $10 per principal signature  2Page  148    ADMINISTRATIVE FEES  Service  Fee  Remote Online Notary fee Public Record Requests  $25 per principal signature $5.00 per CD or DVD $50.00 per 64GB Flash Drive $25.00 per. 32GB Flash Drive $15.00 per 16GB Flash Drive  $3.00 Mailing Fee  Release of Custodial Law Enforcement Agency Recordings Rental of Council Chambers (3-hour minimum) Technology Surcharge on All Permits for Planning, Fire/Rescue, Inspections and Engineering (Unless Otherwise Technology fees are nonrefundable unless payment is made incorrectly or the request/application is withdrawn prior to  Same Fees as Public Records Requests Actual StaffCost ($150.00 Minimum)  [N.C.G.S. $ 132-1.4A(D)  $10.00 where indicated  Specified) any review. Returned Check Fee  $25.00  3Page  149    ANIMAL PROTECTVESERVICES FEES  Service  Fee  Animal Protective Services Civil Penalties  Animal Noise  $100.00/1st Offense $250.002ndOffense $500.00/3rd Offense $100.00/1st Offense $250.002ndOffense $500.00/3rd Offense $100.00/1st Offense $250.002ndOffense $500.00/3rd Offense $100.00/1st Offense 5250.002ndOftense $500.00/3rd Offense $100.00/1st Offense $250.002ndOftense $500.00/3rd Offense $100.00/1st Offense 250.002ndOftense $500.00/3rd Offense $100.00/1st Offense 250.002ndOffense $500.00/3rd Offense  Public Nuisance  Cruelty to Animals  Failure to Acquire Rabies Vaccination  Lack of Restraint by Chain or Leash (Leash Law Violation)  Un-kept Kennels or Pens  All Other Sections  Administrative Fee Exotic. Animal Fees Circus, Exhibitions, Shows Pet Store Permit Individual Permit  $5.00 per Rabies Vaccination  $250.00 $150.00 $75.00  4IPage  150    CEMETERY FEES  Service  Fee  Grave/Crypt Opening & Closing Weekday Grave/Crypt Opening & Closing Weekend or Holiday Cremation Niche Opening & Closing Weekday Cremation Niche Opening & Closing Weekend or Holiday Wait Time Per Hour Crypt/Mausoleum Installation Permit Monument Permit ** Certification of Cemetery Lot Trading or Resale of Cemetery Lot  $900.00 $1,150.00 $425.00 $550.00 $150.00 $150.00 $150.00 $45.00 $55.00 $30.00 $1,600.00 $800.00  Copy of] Lot Ownership When Original Deed Is Lost Disinterment of Vault (Only performed M-F 8 am-3 pm) Disinterment ofUrn (Only performed M-F 8 am-3 pm)  **A permit for a govermment-issued Veteran's marker is required. ALL fees for veteran markers and uprights Prices are for the hours of8 AM-4P PM. For grave opening/closing before 8. AM and after 41 PM, add $150 per grave. Wait time will be billed at the rate of $150 per hour when the funeral director does not comply with the **Burial and/or internment service shall not be held on the following City holidays - New Year's Day, Easter  will be waived.  arrival time as indicated on the service request. Sunday, Thanksgiving Day, Christmas Day.  Sale of Cemetery Spaces Single Grave Lot Four Grave Lot Eight Grave Lot Inside Mausoleum Space Outside Mausoleum Space Outside Cremation Niche Space Hillside West Mausoleum Space  City Resident  Non Resident $1,200.00 $4,800.00 $9,600.00 $5,200.00 $2,700.00 $1,950.00 $2,200.00  $975.00 $3,900.00 $7,800.00 $5,000.00 $2,500.00 $1,750.00 $2,000.00  Grave lots are: no longer available in Brown Hill/Cooper's Field, Cherry Hill and Greenwood Cemeteries. ******Late arrival 30 minutes past scheduled closing time per additional hour- $150/hour **Only steel and/or concrete grave liners/vaults approved by City staff are to be used for burial.  5Page  151    CODE ENFORCEMENT FEES  Specific Offenses  Fee  Closing or Securing Vacated and Closed Buildings  or Structures and Dwellings 1st Offense 2nd Offense in Calendar Year 3rd Offense in Calendar Year  $100.00 $250.00 $500.00 $500.00  Each Subsequent Offense After the Third Offense  Minimum Housing Code 1st Offense 2nd Offense in Calendar Year 3rd Offense in Calendar Year  $100.00 $250.00 $500.00 $500.00  Each Subsequent Offense After the Third Offense Weeds, Vegetation and Other Public Health Nuisances  1st Offense  $100.00 + Administrative Fee $250.00 + Administrative Fee $500.00 + Administrative Fee $500.00 + Administrative Fee  2nd Offense in Calendar Year 3rd Offense in Calendar Year Administrative Fee  Each Subsequent Offense after the Third Offense Administrative Filing Fee for Grass Liens Parking on Unimproved Surfaces  $50.00 $10.00 $25.00 per day  6IPage  152    ENGINEERING FEES  Service  Fee plus  Land Disturbance Permit  No Fee $500.00*  $600.00 street per  $100/each additional street or portion thereof  Street Closings (Right-of-Way Abandonments) Right-of-Way Encroachment Agreements  *No fee when the City of Greenville provides funding for either wholesale or partial improvements that  require an encroachment agreement through the Neighborhood Grant Program.  Driveway (Single-Family and Duplex) Driveway (Multi-Family and Commercial) CCTV Re-mobilization Fee Re-Inspection After Hours Inspection Fee Erosion Control Plan Review Fee Color CAD/GIS Maps City Map (1"= 1000) City Map (1"= 1500) City Map (1"= 2000) GIS (81/2"x1 11") GIS (11"x17") GIS (30" x4 42") Special Map Requests Slueprint/Photocopy Planimetric (1"= 100) Topos (1"= 100) Topos (1"=2 200) City Map (1'-1 1000') City Map (1'-2000) rimting/Micelancous Photocopies Bond (20" x 24") Small Vellum (20" x 24") Small Film mylar (20" x 24") Small Bond (24" X 36") Medium Vellum (24" x 36") Medium Film mylar (24" X 36") Medium Bond (30" X 42") Large Vellum (30" X 42")Large  $30.00 $200.00  $45.00 for 1st + $20.00 each additional $75.00 for 1st + $125.00 each additional $100.00 per hr with 21 hr minimum $100 per acre (or any portion thereof)  $30.00 $25.00 $20.00 $5.00 $17.00 $30.00 $20.00 $10.00 $10.00 $15.00 $10.00 $5.00 $3.00 $4.00 $8.00 $4.00 $5.00 $10.00 $5.00 $8.00  7IPage  153    ENGINEERING FEES  Service  Fee  Film mylar (30"x42")Large Small Photocopies (8 W'xI,8W'x14) Photocopies (11"x17") Shipping Traffic Engineering Handicapped Signs Maximum Penalty Signs Maximum Penalty Stickers Van Accessible Signs Barricade Delineator (Left or Right) Street Name Sign - 9" Black (Double Sided) No Parking-Fire Lane Sign Community Watch Sign 11' Channel Posts 12' Channel Posts 14' Channel Posts 10' Aluminum Pole Hardware (1 set) Sign Installation Technology Fee  $15.00 $1.00 $3.00 $18.00 $8.00 $3.00 $8.00 $13.00 $50.00 $18.00 $20.00 $23.00 $26.00 $38.00 $36.00 $15.00 $25.00 $15.00  $0.25/page over 7 pages; $2.00 minimum  Additional Sign Installation in same subdivision  See administrative fees - pages2-3  EQUIPMENT RENTAL RATES Equipment rates have been established by the Department of Homeland Security Federal Emergency Management Agency (FEMA). Each rate covers all costs eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and are applicable to major  disasters and emergencies declared by the president.  8Page  154    FIRE/RESCUE FEES Service Tank Extraction Permit Tank Installation Permit Re-piping Permit Tank Abandonment Follow-up Tank Inspection  Fee  $125.00/tank $150.00/tank $75.00 $75.00/tank $75.00 $75.00 $75.00 $75.00 $375.00 $553.44 $415.05 657.22 $951.22 $30.00 $200.00 $11.73 $150.00/hr. $40.00/hr. FF/EMT $45.00/hr. Supervisor/PIC  Burn Permit: Open Burning except that there shall be no fee for flag retirement ceremony when conducted by a nonprofit veterans Permits: Fair/Carnival, Tents, Explosives, Pyrotechnics, Fumigate/Fogging, Exhibits, Trade Shows Permits: Mall Displays, Private Fire Hydrant EMS Basic Transport Fee: BLS (Basic Life Support Non Emergency) BLSE (Basic Life Support Emergency) ALS (Advanced Life Support) ALSE (Advanced Life Support Emergency)  organization  ALS2 Oxygen Delivery No Iranspor/ireatment Fee Ground Mileage, Per Statute Mile EMS Dedicated Standby Unit & Crew Crew Only  (+$5.00 Admin. Fee/hr. per provider)  ETJ Business Inspections (Except for Those Under Fire Protection Contracts (Initial Inspection):  Minimum Hourly  $100.00 $40.00  State-Required Inspection for Licenses:  In City Limits Inl ETJ Expedited Inspection Carnivals, etc.  $100.00/per building $150.00/per building $1,000 per hr. + permit  Other Inspections: Operational permits, Pyrotechnics, Trade Shows,  $60.00 per hr. (Minimum 31 hours)  9Page  155    FIRE/RESCUE FEES  Service  Fee  Special Requested Business Inspection  In City Limits In ETJ  $100.00 $150.00  Special Requested Business Inspection with plan reviews  In City Limits Inl ETJ  $100.00/per system $150.00/per system *$0.016/per sq ft. *$0.016/per sq ft. *$100 minimum *$0.016/per sq ft. *$0.016/per sq ft. *$100 minimum  Fire Alarm Business Inspection with plan reviews  In City Limits InE ETJ  Sprinkler Review and Field Test In City Limits InETJ  Sprinkler Review and Field Test Follow up (Re-inspection)  In City Limits InE ETJ City Code Violation Life Safety Violation 1st Offense 2nd Offense 3rd Offense  $50.00 $65.00 $50.00 $100.00 $250.00 $500.00 $50.00 $50.00 $50.00 each visit  Fire Inspection Follow-Up Re-Inspections) ABC Application Required Inspection ABC Application Re-inspection Fee  Technology Fee  See administrative fees pages 2-3  Fire Protection Service: Thefollowing formula is hereby established, for determining the extraterritorial fire protection fee each fiscal year: Total property value divided by 100 multiplied by 10% equals the billed  amount..  10/Page  156    INFORMATION TECHNOLOGY FEES  Service  Fee  Provide Existing Database Information 8.5"x11" Document Paper Digital GIS- - Commercial User GIS Data Request (Digital Delivery) Service Charge for Research Labor (No charge ifless than one hour ofresearch)  $0.25/page for each page over seven pages  $100.00 $75.00 $10.00 $10.00 $5.00 $17.00 $30.00 $50.00/ per hour  CD-ROM Flash Drive  Printed Maps from the IT Department Small (up to 11"x1 17") Medium (up to 22"x3 34") Large (up to3 34"x44") Custom Map & Analytics  11/Page  157    INSPECTIONS FEES  Service  Fee  Square Footage Costs of Construction  Type Construction Commercial General Thereof) Addition Residential Single-Family and/or Duplex Addition Storage Building  Rate: $/Sq. Ft. $125.00 $100.00 $100.00 $125.00 $100.00 $100.00 $50.00  Multi-Family (Apartments, Townhouses, Condos) Shell (Exterior Walls, Roof, Floor Slab or Some Combination  Example: (Actual Square Footage) x (Square Footage Cost) - Computed Construction Cost; 1,970 square feet  x$ $50.00 per square foot = $98,500  Building Permit Fees hotel/motel and roofing.  Service: Single-family, multi-family, multi-family additions, multi-family alterations, commercial, commercial additions, commercial alterations, industry, industry additions, industry alterations, church, Service: New duplex, duplex additions, duplex alterations, residential additions, residential alterations, new storage additions, storage alterations, new garage/carports, garage/carport additions, garage/carport alterations,  swimming pools, and signs. Computed Costs of Construction $100 to $5,000 $5,001 to $15,000 $15,001 to $30,000 $30,001 to $50,000 $50,001 to $75,000 $75,001 to $100,000 $100,001 & over  $75.00 $100.00 $125.00 $150.00 $200.00 $300.00  $300.00 + $3.25/$1,000 over $100,000  Example: Computed Cost = $120,000; Permit Fee = $300 plus $3.25x20-S $365.00  12/Page  158    INSPECTIONS FEES  Service  Fee  Other Permit Fees Change ofOccupancy Review Day Care Inspection Demolition  $75.00/unit $100.00/unit $100.00 $30.00 $45.00 $100.00/unit $125.00 $75.00 $75.00 $6.00 $125.00 $250.00 $125.00 $75.00 $75.00 $100.00 $40.00  Driveway (single family and duplex) Driveway (multi-family and commercial)  For 15, plus $20.00 each additional  Group Home Inspection House Moving Insulation (insulation work only) Lawn Irrigation existing property Mechanical (per unit) up to 5 tons Mechanical (per unit) over 5 tons Mobile Home Occupant Load Card Off Six Months - Electrical or Gas Plumbing (per fixture) Refrigeration, Installation & Repair Sewer, septic tank, gas, and water Sprinkler Systems (1 &21 Family Structures)  Lawn Irrigation w/ new construction (considered per fixture)  $75.00 to calculate  $15.00 each w/ minimum of $75.00 $50.00/unit w/ minimum of $75.00  Tent  Electrical Permits Commercial General  Hospitals, Hotel/Motel, Business Occupancies, Industrial, & Manufacturing (Service Equipment Included) Commercial Storage and Warehouse, Farm Buildings (Up to 750 outlets) (Service Equipment Included)  $.10/sq. ft. for 1st 6,000 sq. ft. plus $.06/sq.  ft.c over 6,000 sq. ft. each floor $115.00 w/ $.55 per amp minimum  13/Page  159    INSPECTIONS FEES  Service Residential General  Fee  Single-Family, Duplex, Multi-Family (Apts,Townhomes, and Condominiums), (Service Equipment Included)  $.10/sq. ft. each floor  Example: (Actual Square Footage): X (Square Footage Cost) = Permit Fee; 1970 Square Feet x $.10 Square  Feet = $197 Actual Permit Cost Mobile Homes/Office Trailer Services Change of] Electrical Service Temporary Construction Service Signs (electrical) Pole Service Swimming Pool Mobile Home Park Pedestal  $75.00 $75.00 $75.00 $75.00 $75.00 $75.00 $75.00 $75.00  Minimum: Up to 20 Outlets (Storage Buildings, Additions, Additional Circuits, Dryers, HVAC, etc.)  NOTE: Over 20 outlets use appropriate square footage rate. NOTE: Service Fees below apply to all Inspections Division Fee areas:  After Hours Inspection Fee Penalty Fee (Minimum) Plan Review Fee (small) Plan Review Fee (medium) Plan Review Fee (large) Re-inspection Temporary Utility Permit Miscellaneous Fee  $100.00 per hr. w/ 2 hr. minimum  $250.00 $500.00 $125.00 $250.00 $500.00 $75.00 $75.00 $50.00 $50.00 each visit  Penalty Fee (second offence within 12 months)  $75.00 for 1st time, $125.00 each time after  ABC Application Required Inspection ABC Application Required Re-inspection Fee Technology Surcharge (qualifying permit only)  See administrative fees page2-3  14/Page  160    Technology fee does not apply to the following: Electrical Sub Permit for Mechanical Change Out Electrical Sub Permit for Water Heater Change Out Gas Sub Permit for Mechanical Change Out Gas Sub Permit for Water Heater Change Out House Moving Permit Temporary Pole Permit Temporary Utilities Electric Permit Temporary Utilities Gas Permit Utility Reconnect Electric Permit Utility Reconnect Gas Permit  Demolition Permit Driveway Sub Permit  15/Page  161    PARKING FEES  Service Leased Parking Monthly Rates: Single Space in Paved Lot Single Space in Unpaved Lot Contractor (Maximum 4 Spaces/Month) Downtown Employe/Employer Unreserved Permit Courthouse Lot (Space increases by $2.00 per year)  Fee  According to Lease Agreement According to Lease Agreement According to Lease Agreement $72.00 per month/per space  $22.00 Monthly  Hooker Lot Permit Barcode Replacement Parking Fees  Operated by Evans Street Properties, LLC  $5.00 $0.25  Passport Parking App Convenience Fee Downtown City On-Street Parking  Two Hours Free; $1.00 per Hour after Second Three Hour Maximum (Paid by Plate) Two Hours Free; $0.75 per hour after second No maximum; 24 Hour Enforcement (Paid by $22.00 Per Month (Increase by $2.00 per year) $72.00 Per Month (Increase by $2.00 per year) $52.00 Per Month (Increase by $2.00 per year)  Parking Deck  Plate)  Downtown Employee / Employer Permit Downtown Residential Reserved Downtown Residential Unreserved Surface Lot All Day (except Chico's - 2-hour max) *On Street increase by $0.10 cent per year *Off Street increase by $0.05 cent per year Parking Deck All Day *Increase by $0.05 cent per year Lost Ticket Fee Controlled Residential Parking Permit Online application convenience fee Duplicate Residential Parking Permit Decals  $7.50 $18.00 $20.00 $2.50 $12.00  $12.00 per decal/per fiscal year  16/Page  162    PARKING PENALTIES  Service  Fee  Overtime Parking Uptown  IfPaid Within 10 Calendar Days - Second Offense IfPaid Within 10 Calendar Days - Third Offense (and thereafter) IfPaid Between the 11th Calendar Day After Issuance and the 30th Day Overtime Parking Residential & All Areas Not Otherwise Designated IfPaid Between the 11th Calendar Day After Issuance and the 30th Day  $10.00 $20.00 $25.00 $40.00 $50.00 $65.00 $80.00 $15.00 $20.00 $25.00  IfPaid After 30 Days  IfPaid Within 10 Calendar Days IfPaid After 30 Days Illegal Parking Uptown IfPaid Within 10 Calendar Days IfPaid After 30 Days  IfPaid Between the 11th Calendar Day After Issuance and the 30th Day  Illegal Parking Residential & All Areas Not Otherwise Designated IfPaid Between the 11th Calendar Day After Issuance and the 30th Day  IfPaid Within 10 Calendar Days IfPaid After 30 Days Parking in a Fire Lane IfPaid Within 10 Calendar Days IfPaid After 30 Days  $50.00 $65.00 $80.00 $50.00 $65.00 $80.00  If Paid Between the 11th Calendar Day After Issuance and the 30th Day  17/Page  163    PARKING PENALTIES  Service  Fee  Designated Handicap Spaces IfPaid Within 10 Calendar Days IfPaid After 30 Days IfPaid After 60 Days  $100.00 $150.00 $200.00 $250.00  IfPaid Between the 11th Calendar Day After Issuance and the 30th Day  Parking on Unimproved Surface (residential) Penalties for Violation ofTraffic Regulations 111, Unless Otherwise Specified 4th Street Parking Deck Damage to Gate Arms Replacement of Gate Arm(s)  $25.00 per occurrence  All Violations of Articles D through K ofTitle 10, Chapter 2 ofOrdinance #00-  $50.00  Tailgating (entry/exit behind another vehicle without paying)  $200 $350  Replacement Costs  18/Page  164    PLANNING FEES  Service  Fee  ABC Application Zoning Compliance Review  $50.00  Plat  $550 base fee $50 per acre or additional major $440 base fee plus $50 per acre or additional $6501 base fee plus $50 per acre or additional $385 flat fee for residential related special use permits included under Sec 9-4-78 (f)(2)&(3); $50 flat fee for an appeal of an administrative decision to issue a citation for parking on an unimproved surface as a violation ofaj parking area surface material requirement as set forth in Section 9-4-248 (a): All other cases $500 flat fee; refund of Appeals of Administrative Decisions or Interpretation case fee where the Board of Adjustment finds in favor oft the  Preliminary  fraction thereof Min $600 major fraction thereofMin $490 major fraction thereof Min $700  Final Plat (Including Minor Subdivisions)  Rezoning  Board of Adjustment Case  applicant $275.00  Board of Adjustment Renewal Case  Special Use Permit Renewals for Public or Private Clubs and Billiard Parlors or Pool Halls in any Zoning District  Site Plan  $545 base fee plus $50 per acre or additional major fraction thereofMin $595 1st Inspection: $110 base fee plus $25 per acre or additional major fraction thereof ($130 minimum) not to exceed $500; Each additional  Landscape Plan  inspection, $75 flat fee  NOTE: Planning. fees are based on the minimum charge  19/Page  165    PLANNING FEES  Service  Fee  Preliminary Plat- Minor. Alterations Final Plat - Minor Alterations Site Plan - Minor Alterations Landscape Plan Minor Alterations Landscape Plan Inspection Street Name Change Plan)  $363.00 plus $50/acre $363.00 plus $50/acre $363.00 Flat Fee $182.00 Flat Fee $231.00  $484.00 Base Fee + $10.00/certified notice  Amendments ZoningSubdivision Text, Comprehensive Annexation; Petition (voluntary) Planning & Zoning Commission Special Use Permit (Planned Unit Development-PUD; Land Use Intensity-LUI) Zoning Compliance Letter  $600.00 Flat Fee $600.00 Flat Fee $968.00 Flat Fee $50.00 Flat Fee $20.00 Flat Fee $75.00 $150.00 $25.00 $25.00  Certificate of Appropriateness: (COA) Major Works Certificate of Appropriateness (COA) Major Works- After  the Fact  Commercial Plot Plan Review Zoning Certificate Letter Temporary Activity Permit  Maps from the Planning Department:  Small Medium Large  $20.00 $25.00 $35.00  Special Request (May Require Multiple Data Layers)  Ifthe time exceeds 30: minutes in designing a special request map, then aj programming fee of  $25.00 per hour will be applied. Technology surcharge  See administrative fees 1 page 2-3  20/Page  166    POLICE FEES Service Accident Report  Fee  First Copy Only for Driver/Individual Involved Additional Accident Copies and all Incident Copies Mail Order Requests (Fee to Cover Postage, Envelope, Stationery and Storage)  No Charge $5.00 Additional $5.00  Alarm Permit First Year Subsequent Years  $15.00 $5.00 per year  Outdoor Amplified Sound (Noise) Permit*  $50.00 $100.00  Parade Permit* Parade Staffing*  $40.00/per hour per Officer Minimum of31 hours per parade $25.00/per vehicle per event  *There shall be no fee charged for aj parade permit, parade staffing, off-duty officers, temporary street closing  application, and outdoor amplified sound permit for the following:  -Veterans Day Parade  -Memorial Day Parade (in the event a Memorial Day parade occurs) Permits will still be required to be obtained from the City but with no fee.  *There shall be no fee charged for parade staffing and off-duty officers for the following:  -Christmas Parade -ECU Homecoming Parade -Martin Luther King Jr. Day march -C. M. Eppes Alumni Parade -PirateFest  Fees will continue to be charged for a parade permit, temporary street closing application, and outdoor  amplified sound permit.  *All fees shall be charged for other processions which are parades. This includes:  -St. Patrick's Day Parade -Road Races  21/Page  167    POLICE FEES Service  Fee  *There is no fee charged for use of a recreation facility and for off-duty officers, temporary street closing  application, and outdoor amplified sound permit for the following: -Veterans Day ceremonies at the Town Common -Memorial Day ceremonies at the Town Common -Fireworks display on the 4th ofJuly at the Town Common  -PirateFest Solicitation Permit Taxicab Annual Inspection Taxi License Initial Application Taxi License Renewal Application Peddler's License Application Fee Itinerant Merchant License Itinerant Merchant License Renewal Towing Administrative Fee Towing Operator Annual Application Fee Wrecker Annual Inspection Off-Duty Fee Rate Paid to Employee by City Administrative Fee Extra Duty Solution (EDS) Total  $30.00 $20.00 $30.00 $19.00  $60.00 + $14.00 money order  $374.00 $219.00 $30.00 $25.00 $20.00 Premium $50.00 $3.00 $4.17 $57.17  Officer Supervisor $40.00 $3.00 $3.38 $46.38  $45.00 $3.00 $3.77 $51.77  Police Athletic League (PAL) After-School Program  One Semester School Year/Two Semesters Summer Camp Spring Break Late Pickup Fee  $40.00 per child $80.00 per child $50.00 per child $25.00 per child $5-$10 child per per occurance  22/Page  168    POLICE FEES Service  Fee  Precious Metals Dealer Dealer Fee Background Fee Background Fee Each Subsequent Year  $180.00 $38.00 $38.00 $10.00 $38.00 +s $3.00  Precious Metal Dealer - Employee Registration Form  23/Page  169    PUBLICTRANSPORTATION - FEES  Service  Fee  GREAT Bus & Transit Vehicle Fares and Passes Standard (Adults & Children over 44 inches in height) Discounted (Adults 65+ & People with Disabilities) Standard (Adults & Children over 44 inches in height) Discounted (Adults 65+ & People with Disabilities) Standard (Adults & Children over 44 inches in height) Discounted (Adults 65+ & People with Disabilities) Standard (Adults & Children over 44 inches in height) Discounted (Adults 65+ & People with Disabilities) Military Veteran with service-connected disability Children under 44 inches in height with a supervising  Single Fare One-Way Ride Day Pass Unlimited Rides 22-Ride Punch Pass 44-Ride Punch Pass  $1.00 $0.50 $2.00 $1.00 $20.00 $10.00 $40.00 $20.00 Free Free Free $15.00 $2.00  Transfers adult  Kid's Summer Pass (Ages 61 to 16) Paratransit Per Trip  Paratransit riders must be unable to access the GREAT bus due to a disability. Riders must complete  an eligibility application for paratransit service.  24/Page  170    PUBLICATIONS FEES  Service  Fee  Many publications listed below can be accessed at www.greenyillene.gov  Free $25.00 $25.00 $15.00 $125.00 $30.00 $40.00 $3.00 $15.00 $3.00 $3.00 $10.00 $5.00 $10.00 $15.00 $3.00 $25.00 $5.00 $5.00 $5.00 $10.00 $10.00 $10.00 $30.00 $5.00 $1.50 $3.00 $3.00 $10.00 $40.00 $10.00  Audit Budget Capital Improvement Program City Code City Code Supplement Comprehensive Plan (on disk) Driveway Ordinance Economic Base Report Erosion Control Ordinance Flood Damage Prevention Ordinance Land Development Ordinance (on disk) Landscape Ordinance Manual of] Fees MSDD Shipping Fee Noise Ordinance Parking Ordinance Pay Plan Personnel Policies Manual Purchasing Procedures Manual Schedule ofTraffic Regulations Special District Report Storm Drainage Ordinance Street List Subdivision List Subdivision Ordinance Zoning Ordinance Zoning Ordinance Supplements  Manual of Standard Designs and Details (MSDD) Minority/Women Business Enterprise (MWBE) Directory  Reports, manuals, and other official documents not listed  25/Page  171    RECREATION & PARKS FEES  Service River Park North Pedal Boat Rental Individual Group Pedal Boat Rental (Six Boats) Science & Nature Center. Admission  Fee  $5R/$7NR- - 30 minutes $60 R/ $901 NR - per hour $1R/$1.501 NR (Under $2R/$31 NR (12& Over) $10 R/$151 NR per campsite $9R/$12NR - 3 hours  12)  Boat Launch Fees Camping Fee Jon Boat Rental Fishing Permit Annual Daily License Large Shelter Reservation Small Shelter Reservation Cleanup Fee Kayak Rental  $2R/$4NR  $4R/S8NR per person fee for groups over 12  $12 R/$24NR $1.50 R/ $31 NR $15 $10-1 lifetime  Lifetime Senior Fishing Pass (Aged 65 or older) Permanently Disabled Public/Veteran Lifetime  See Shelter Reservations (page 32) See Shelter Reservations (page 32) See Shelter Reservations (page 32)  $9R/S12NR-31 Hours $35 R/$50NR. per hour $20 R/S $30 NR per night S0-S200R/S0-SSOONR  Group Kayak Rental (Seven Kayaks) RPN Enclosed Camping Platform RPN Platform Gear Transport Fee Adult Recreation and Fitness Karate/SelDefense Weightlifting Ladies Exercise Adult Dance Pickleball  $10  Class I-$15R/S201 NR per hour Class II-S9R/S12NR- per hour Class III-S5R/S8NR- per hour S0-S200R/S0-S $300N NR S0-SSOR/50-575NR  Pickleball Courts Riverbirch Tennis Center Adult Tennis Lessons Youth Tennis Lessons Ball Machine Tennis Courts  $10 per hour  Class I-SI5R/S20NR- per hour Class II-$9R/$121 NR per hour Class III-$ $5R/$81 NR - per hour  26]Page  172    RECREATION & PARKS FEES  Service  Fee  Sports Connection Entrance (Walk-Ins) Gym Rental Fee (deposit $50) Court Rental Fee Tokens for Batting Cage (1-12rounds) Sports Clinics Youth & Adult Programs Cages & Pitching Tunnel Art Classes Ceramics Classes Dance Decorative Arts Drawing & Painting Fiber Arts Potters Club Workshops Youth Arts & Crafts Admission Aquatic Programs Camps Swimming Lessons Swim Team Life Guard Training Specialized Recreation Creative Oasis Seasonal dances  SI-S150R/SI-S $225 NR See Gymnasiums on Page 31 $25R/$381 NR- - hour for halfcourt $.50-$10.00 each SI-S1SOR/SI-S25NR SI-S1SORSI-S25NR $10 per halfhour $20 -S 5250R/530-S375NR  Public Outdoor Pool (Community Pool)  $2-$6 Daily  R/ $10-$100 Season Pass R S0-S200R/S0-SSOONR  $3-$9 Daily NR/$15-$150 Season Pass NR  $20-$1001 R/ $30-$ $150NR  $50 Refundable Equipment  Rec-N-Roll Mobile Unit Fees (class III only)  Damange Deposit $40 R/$60 NR  27/Page  173    RECREATION & PARKS FEES  Service Youth Sports Basketball Flag Football Future Stars Soccer Running/Track and Field Programs Tennis Programs Various Sports Clinics Fencing Adult Sports Adult Dodgeball Adult Softball Leagues Adult Summer Basketball Adult Tennis Programs Basketball Leagues Basketball Program Flag Football Leagues Kickball Leagues Running Programs Wiffleball Leagues Pickleball Leagues & Clinics Parking Vendor Fees Special Events Concession Services in Parks Summer Camps/Programs Art Camps Day Camps Outdoor Living Skills /1 Nature Sports Camps  Fee  S0-$90R/S0-S $130NR  Baseball - Small Fry, Mini Fry, Big Fry  $75- $750 Team Fee  S0-SS0R/S15-575 NR Individual Participation Fee  $5-535R/S150- $225 NR - Season pass per vehicle  S0-$500/month  See pages 36-37 for Special Events S0-S175R/S0-S263: NR 1 per week  28/Page  174    RECREATION & PARKS FEES  Service  Fee  Senior Recreational Programs Bridge Classes Exercise Classes Instructional Classes Senior Olympics Senior Clubs Trips  $0-$4,000 R/$0-$ $6,0001 NR  CLASS DEFINITIONS FOR RENTAL RATES BELOW  Class I- Any event for which admission is charged or any other type of compensation is realized including donations. This class does not include non-profit organizations. All Class I rentals must receive administrative Class II- Any event where no admission is charged nor any other type of compensation is realized. Class II-A Any event hosted by an organization which can provide proofofmom-profilfeden.l tax-exempt status.  approval.  Event staffing fees may apply for all rentals if necessary  Up to $40 perl hour staff fee Class I-$ $400 - $1,000/d day R Class I- $600 - $1,500 /C day NR Class II - $100 - $600 / day R Class II-$ $200 - $900 / day NR Class III-$ $75 - $200 / day R Class III-$150 - $350/d day NR Class I-$75 R/ $113 NR per hour Class II-$ $45 R/ $68 NR per hour Class III-$ $35 R/ $38 NR per hour  Town Common Amenities Call 329-4567 Includes facilities such as: Amphitheater, Sycamore Hill Gateway Plaza  Barnes-Ebron -Taft Building at Greenfield Terrace Dream Park Community Building  (Deposit $50)  29/Page  175    RECREATION & PARKS FEES  Service  Fee  Meeting Rooms (Damage Deposit $50) Multipurpose Rooms Jaycee Park Auditorium Elm Street Center Call 329-GOLF court) Call 329-4550  Class I- $75 R/$113N NR - per hour Class II- $45 R/$68NR. - per hour Class III- $25 R/ $38 NR per hour  Bradford Creek Public GolfCourse Clubhouse  $100-$ $200/hr; $100 Deposit ClassI I-$ $35R/$ $53 NR - hour Class II- $181 R/$ $27NR - per hour Class III-$7R/S11 NR - per hour Class I- $200 R/ $300 NR- per 2 hour Class II-$1001 R/S $150 NR - per 2 hour Class III-$ $50R/$ $75 NR - per 2 hour $40/hr; Staff may be required  Boyd Lee Park Beach Volleyball Courts (price per  per  Greenville Outdoor Aquatic Center *Available during non-operating hours Elm Street Lawn Games Area Call 329-4550  Call 329-4041  Greenville Aquatics & Fitness Center (Gym, Gym & Pool, Pool, Entire Facility) Call 329-4041 for details Guy Smith Stadium & Prep Field Call 329-4550  Varies  Class I- $400-$ $1,000 R/ $600-$ $1,500 NR per day Class II- $100- - $600 R/ $200- - $900 NR per day Class III-S $75- - $200 R/ $150 -S $350 NR - per day All Classes $100/marking fee per occurrence  All Classes - $35/per hour light fee Class I- $60 R/ $90 NR - per hour Class II- $30 R/ $45N NR - per hour Class III- $15 R/S $23NR - per hour Class] I- $380-600 R/ $570-900 NR Class II- $130-200 R/ $195-300 NR Class III- - $40-80R/ /$ $60-120 NR Plus $40/hour Staffing Fee  Sarah Vaughn Field of Dreams  Town Common Pedestrian Bridge *Contact 329-4567 for details* Bridge Lighting (Class II only)  $40/per request  30Page  176    RECREATION & PARKS FEES  Service  Fee  Softball /I Baseball/C Cricket Field  Class I- $30R/$451 NR - per hour Class II-$ $20R R/$30NR - per hour Class III -S $10R/S15NR - per hour $100 field marking fee - per field Class I- $301 R/$ $451 NR - per hour Class II- $20 R/$ $301 NR - per hour Class III-$ $10F R/$15NR - per hour $100 field marking fee - per field All Classes $35/ hour light fee All Classes $100/ marking fee Class I- $100 R/ $1501 NR - per hour Class II-$50R R/$75NR- - perhour Class III- $25 R/$ $381 NR - per hour  Call 329-4550  Soccer/ /Lacrosse/ /1 Football Multipurpose Fields  $35 lights - per hour  Special Services  per  Gymnasiums (Deposit $50) Drew Steele, Eppes Recreation Center H. Boyd Lee Park, Sports Connection  South Greenville  Skate Park/E Roller Hockey Rink at Jaycee Park  Class I- $100 R/ $1501 NR - per hour Class II- $501 R/S $751 NR - per hour Class III- $25 R/$ $381 NR - per hour  Athletic Tournaments Call 329-4550  Tournament Rates  Science & Nature Center Facility (Deposit $50)  Deck & Surrounding Classroom Theatre  $25 R/$371 NR - per hour $501 R/$75NR - per hour $75 R/ $1121 NR - per hour $375 R/ $563 NR - 8 hours $2901 R/ $435 NR -3 3 hours Plus $40/hour Staffing fee per event  Entire Facility (6) Tables, (50) Chairs  31Page  177    RECREATION & PARKS FEES  Service  Fee  Class Definitions do not apply for Shelter Reservations  Shelter Reservations  Rates are determined by half day and full day rentals In-Season (March - October)  Half day rentals are 8 am-2:30 pm or 3:00 pm-dark  Full day rentals are 8 am-dark Off-season (November - February) Full day rentals are 8 am-dark, ati in- season half day rates  Event staffing fees may apply for all rentals ifr necessary  Up to $40 per hour staff fee Half Day Rentals: $50R/S75NR Full Day Rentals: $90R/S135NR HalfDay Rentals: $40R/S60NR Full Day Rentals: $60R/S90NR *Hourly Rental Rate: S60R/S90NR *Hourly Rental Rate: S10OR/S150NR  Large Picnic Shelters Small Picnic Shelters  Pavilion at Town Common (Times may vary) Pavilion at Wildwood Park (Times may vary)  *Two Hour Minimum *Two Hour Minimum  Shelter Clean-up fees Extras:  Groups of75 or more: $125 Groups of200 or more: $225 First Replacement is free, $1 for2nd  Key Fobs for Recreation Centers All Recreation Centers Press Box; Scoreboard /1 Panel Box  $50 (up to 41 hrs); $15 per hour staff fee  Call 329-4550 Staging  $35 for 4' x8 section  For more information, call 329-4543  Plus $35/hour Staffing fee ifr required  32/Page  178    RECREATION & PARKS FEES  Service  Fee  Application for service and sale of malt beverages and unfortified wine pursuant to the Policy and Procedures for the Conditional Service, Sale and Consumption of Alcoholic Beverages within Greenville Recreation and  $50.00  Parks Facilities  NOTE: As a result of the diversity of opportunities provided, programs may be added or dropped at any time and, therefore, the fees are subject to change as approved by the Recreation & Parks Commission. Additionally, the Recreation & Parks Commission may waive, in whole or in part, fees which are related to programs conducted in cooperation with another organization or individual which is assuming all or a  portion of the expense of the program.  Rmeans City Resident, NR means Non-City Resident.  Non Resident Fees equal 150% of Resident Fees unless otherwise indicated. Recreation & Parks programs  listed are examples and are not inclusive ofall offerings at all times.  33/Page  179    GREENVILLE AQUATICS & FITNESS CENTER (GAFC)  Service  Fee  $6-$12/per $6-$ $12/per $0-$ $200/Members $0-$300/ Non-members $0-$ 5400/Non-member/ Resident (Effective 9/1/12) $0-$100 $0-$12 $0-$50 peruse  Family Membership (City Employee) Family Membership (GUC Employee) GAFC Recreational Programming  pay period pay period  Membership Application Fees Walk-in Fees Amenities/Concessions:  Includes: Towels, Locks, Snacks, Fruit, Membership Type for Residents  etc.  Yearly Fees  Quarterly Fees  Monthly Draft Fee $19-$185 Monthly Draft Fee  Family Individual Young Adult Senior Corporate Family Individual Young Adult Senior Corporate  $220-$615 Yearly Fees  $60-238  Membership Type for Non-Residents  Quarterly Fees  $275-$770  $75-$273  $23.75-$219  Temporary Passes One Week One Month  $20- 30/Individual/s35 - $55 Family (6: members included)  $10 Fee per additional dependent $25-$70 R/$31.25-S90NR  34/Page  180    SANITATION FEES  Service  Fee  Refuse Fee-Curbside Pickup (Basic) Each Additional Curbside Container Multi-Family Containers Single amylntergovemmena Dumpster Dumpster Purchase (6 or 8 Yards) Roll Out Carts Purchase  $16.00/per: month $10.00 per month $16.00/per month $150.00/per month  $250.00 over cost Rounded to nearest dollar  $90.00 each  Yard Waste Collection over 4 Cubic Yards Sanitation Nuisance Abatement Fee  $25.00 per collection each additional hour  $150.00: for the first hour and $125.00: for  35/Page  181    SPECIAL EVENTS FEES activities identified as "special events".  *Go to www.greenvillenc. gov to view Special Events Policy & Procedures fees below are directly related to  Applicatio Permit Refundabl  Late Fee  Event Type Parade Race 5k or Less More than 5k Race Neighborhood Block Party General Event Festivals Concerts Outdoor Amplified Sound (Noise) Temporary Street Closing  nFee  Fee  eDeposit  $100.00 $100.00 $100.00 $100.00 $100.00 $250.00 $50.00 $100.00 $250.00 $100.00 $100.00 $100.00 $250.00 $50.00  $200.00 $250.00 $100.00 $250.00 $100.00 $250.00 $200.00 $100.00 $250.00 $500.00 $250.00 $500.00 $250.00 N/A $50.00 Supervisor  $0.00  $75.00  $50.00 $50.00  N/A N/A  N/A  Police Off-Duty Fees $40.00  Officer  Premium  Rate per Hour Parade Staffing  $50.00  $50.00  $40.00 per Hour per Officer (Minimum 3 Hours per Parade) +  $25.00 per Vehicle per Event  Fire/R Rescue Stand-By Fire Fees  Base Charge per EMS Unit Fire / EMS Staff per Unit  $100.00 (# ofUnits Required Based on Attendance) $40.00 per Hour per StaffMember Minimum of2.00 StaffMembers Per Truck Fire /Rescue Stand-By Fire Fees  Base Charge per EMS Unit Fire /EMS Staff per Unit  $100.00 (# of Units Required Based on Attendance) $40.00 per Hour per Staff Member Minimum of 2.00 Staff Members Per Truck  36IPage  182    SPECIAL EVENTS FEES  Fire / Rescue Units Required  Attendance Range 0-5,000 5,001-1 10,000 Over 10,000  NON ABC Event  ABC Event 1-2 1-4  1-3  # Determined by F/R Chief  # Determined by F/R Chief  Crowd Managers  Number of Attendees 250  Number ofl Required Crowd Managers  Public Works Roll-Out Carts/Trash Cans/ Barricades  Barricade(s)  Traffic Cones Bike Racks Type I, II, and/or III Traffic Barricades Water Barricades Traffic Plan / Road Closure Review Recycling Carts/ /Cans Trash Cans Street Sweeper (Truck + Labor) Usage Fee Technician / Contract Assistance  1-25 26-49 >50  $50.00 $100.00 $150.00 $20.00 Each $30.00 Each $50.00 Each $40.00 per Hr $20.00 per Set $100.00 per Hr $100.00 $100.00  Sanitation Electrical  37IPage  183    STORMWATER FEES  Service  Fee  Stormwater Utility Fees*  $9.35 per unit per month  *For each equivalent rate unit, as defined by Section 8-3-2 oft the Greenville City Code, there shall be a service charge per month for the purposes of supporting stormwater management programs and structural and natural stormwater and drainage systems, said charge to be effective on and after. July 1, 2003. One unit  equals 2,000 square feet.  38Page  184    STREETS FEES Service  Fee  Administrative Feej per Utility Cut Permit Request Labor, Material and Equipment cost associated with Utility  $100.00 pricing $250.00  Current market-based  Cut Repairs Utility cut permit fee  39Page  185    TAXICAB FARES  Taxicabs operating within the jurisdictional city limits may elect to charge fares and fees by the installation and use of a taximeter or by use ofthe approved zone map and the fares and fees provided herein. The election decision is made by the franchise holder and will apply to all taxicabs operating  under the particular franchise.  Taximeter Rates and Fees:  Drop Fee Per 1/6th ofMile  $2.75 $0.25 $0.50 $0.30 $1.25 $2.00 $0.10  Surcharge Night Time from 11 PM to 6 AM per Person Per Minute Wait Time at Fare's Request Per Luggage Bag Over Two Per Person Over First Two Per Trunk or Large Suitcase Pedi-cab Rates and Fees:  Per Person per 1/2 mile or Fraction Thereof Per Minute Wait Time at Fare's Request Per Luggage Bag Over Two Per Person Over First Two Per Trunk or Large Suitcase Per Grocery Bag Over 3  $1.50 $0.30 $1.25 $2.00 $2.00 $0.10  40/Page  186    TAXICAB ZONE FARES  The following rates shall be applicable for each standard zone fare:  ZONES 1 2 3 4 5 6 7 8  1 6.00 6.35 6.70 7.05 7.40 7.75 8.10 8.50  2 6.35 6.35 6.70 7.05 7.40 7.75 8.10 8.50  3 6.70 6.70 6.70 7.05 7.40 7.75 8.10 8.50  4 7.05 7.05 7.05 7.05 7.40 7.75 8.10 8.50  5 7.40 7.40 7.40 7.40 7.40 7.75 8.10 8.50  6 7.75 7.75 7.75 7.75 7.75 7.75 8.10 8.50  7 8.10 8.10 8.10 8.10 8.10 8.10 8.10 8.50  8 8.50 8.50 8.50 8.50 8.50 8.50 8.50 8.50  The fare charged shall be the amount of the highest zone which is traveled through. Only one fare shall be charged for one or two persons traveling from the same point of origin to the same point of destination.  9o3 Taxi Fare Service Zones  May 19, 2011  264  34 5 6 7 8  E3  Map Legend  41/Page  187    TAXICAB ZONE FARES The following rates are for fares across town:  ZONES 1 2 3 4 5 6 7 8  1 6.00 6.60 7.20 7.80 8.40 9.00 9.60 10.20  2 6.60 7.20 7.80 8.40 9.00 9.60 10.20 10.80  3 7.20 7.80 8.40 9.00 9.60 10.20 10.80 11.40  4 7.80 8.40 9.00 9.60 10.20 10.80 12.40 12.00 Standard Fare Across Town  5 8.40 9.00 9.60 10.20 10.80 11.40 12.00 12.60  6 9.00 9.60 10.20 10.80 11.40 12.00 12.60 12.20  7 10.60 11.20 11.80 11.40 12.00 12.60 13.20 13.80  8 10.20 10.80 11.40 12.00 12.60 13.20 13.80 14.50 $9.50 $14.50 $18.00 $2.00 $1.50 $0.10 $2.75 $18.00 $2.50 $1.50 $0.10  ronwood/Bradford Creek Over two persons (per person extra) Waiting time (per hour) Trunks or footlockers (each) Baggage (each) Grocery bags (each bag over 3)  Rates outside zones unless previously specified (per mile)  Pedi-cab rates: Waiting time (per hour) Trunks or footlockers (each) Baggage (each)  $1.50 per person per 1/2: mile or fraction  Grocery bags (each bag over 3)  42/Page  188    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item: Explanation:  Award ofConstruction Contract to FASCO Inc. for Greenfield Terrace Park Greenfield' Terrace Park was selected by the City Council to receive improvements partially funded with. American Rescue Plan Act dollars. In 2023, the City contracted with HH Architecture to design improvements to the park. Staffworked with community members to finalize the scope of park improvements and the final design of updates to the Barnes-Ebron-Tatt Community Building located at Greenfield Terrace Park. On May 15, 2024, the City received four construction bids for this project. FASCO Inc., located in Kinston, NC, submitted the lowest bid of$1,170,000. Three bid alternates which are comprised oft the removal ofold playground equipment, resurfacing the basketball court, and adding interior acoustic wall panels brought the final proposed contract amount to $1,223,500. The entire scope ofwork under this contract includes rerouting aj portion oft the walking path, reconfiguring and adding parking spaces, paving the parking lot, a building Construction is expected tol begin in August 2024 and be completed in April Contract amount is $1,223,500. Project will be funded with ARPA funds and  Improvements  expansion and interior renovations.  2025. City funds. Terrace Park.  Fiscal Note:  Recommendation: Award the construction contract to FASCO Inc. for improvements to Greenfield  ATTACHMENTS  Construction Contract Greenfield Terrace Park improvements  Item #12.  189    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenville NORTH CAROLINA Find yourself in good company  AGREEMENT FOR CONTRACTORSERVICES Greenfield Terrace Park Improvements  THIS Agreement is made and entered into on this date_  byand! between  the CityofGreenville, ai municipal corporation organized and existing under the laws ofthe State of North Carolina, and hereinafter referred to as the "City,' " with a primary address of 200 W. Fifth Street, Greenville, NC: 27858, and FASCO Inc., a corporation organized and existing under the laws ofthe State ofNorth Carolina, and hereinafter referred to as the "Contractor," whose primary offices  are located at 2659 Hwy 258 North, Kinston, NC 28504.  GENERAL RECITALS  WHEREAS, the City desires the assistance ofa Contractor in the performance of WHEREAS, the Contractor has exhibited evidence of experience, ability, WHEREAS, the City is authorized by North Carolina General Statute $ 160A- NOW THEREFORE, the City and the Contractor, for consideration hereinafter  certain services; and  competence, and reputation to perform such services; and  20.1 to enter into an. Agreement for performance ofs such services;  stipulated, mutually agree as follows:  The Contractor agrees to perform the assigned services.  ARTICIEI-SCOPEOF WORK  I.A. DESCRIPTION OF WORK REQUIRED  The Contractor shall provide material, equipment and labor for the renovation and addition to the Barnes-Ebron-Taft building at Greenfield Terrace Park toi increase the indoor assembly area including updates to the warming kitchen. Site improvements include paving the parking lot, ADA accessibility and landscaping improvements per the scope ofwork listed as the base bid, alternates one, two,  Greenfield Terrace Park Improvements  190    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  and three in the City's solicitation documents attached as Exhibit A, and amendments, if any, said work being hereinafter referred to as the "Work". The solicitation and amendments, if any, are hereby incorporated by reference herein and made a part hereof as fully as ifl herein set forth. Unless otherwise specified herein, the Contractor is to furnish all necessary labor, materials, tools, equipment, superintendence, delivery and perform all necessary services to  complete the Work at no additional costs to the City.  I.B. WORK STANDARDS  The Contractor will perform the Work with the highest of standards in accordance with all  applicable federal, state and local laws, regulations and safety guidelines.  IC. ORDER OF PRECEDENCE  For the resolution and interpretation of any inconsistencies in this Agreement and/or the documents attached hereto and included herein by this reference, the precedence of these  documents shall be given the following order:  1. This Agreement with any Attachments, including Addendum(s) and Amendment(s) 2. If applicable, negotiated Amendments or clarification to the Contractor's Proposal  hereto;  which have been incorporated by reference to the final Agreement;  3. City'ssolicitation attached hereto as Exhibit A; and 4. Contractor's Proposal attached hereto as Exhibit B; and  5. Coronavirus State and local fiscal recovery funds addendum attached hereto as Exhibit  C.  I.D. SUBCONTRACIS  The Contractor and/ors sub-consultant will not sublet any portion oft the work covered by this  Agreement without prior written approval by the City.  L.D.1. The Contractor will be responsible for the schedule of any work sublet to others  sO as to assure the overall schedule ofthe project is maintained.  Greenfield Terrace Park Improvements  191    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  I.D.2. The Contractor will be responsible for the completeness, accuracy and presentation ofa all data, and for the review ofa any work sublet to others.  L.D.3. The Contractor shall notify all sub-consultants under this contract of ALL new  work assignments made by the City to the Contractor regardless of any particular sub-consultant's engagement level under aj particular task order. This notification information may be requested by the City in the form ofai report.  ARTICLEII-DATA ANDSERVICESTO BE PROVIDED! BYTHECITY  II.A. DATA. AND SERVICES  II.A.1. The City's project manager who will be overseeing the Contractor/Consultant in order to ensure that the requirements of this contract are met is the Project Coordinator. If assistance or further information is needed, the Contractor/Consultant shall contact the Project Coordinator, 252-329-4539. All directions and communications from the City to the Contractor/Consultant shall be through the Project Coordinator or their designee unless otherwise stated herein. II.A.2. The City shall provide available data and information, as applicable to the detailed II.A.3. Any City property, information, data, instruments, documents, studies or reports given to or prepared or assembled by or provided to the Contractor under this Agreement shall be kept as confidential, used only for the purpose(s) required to perform the Agreement and not divulged or made available to any individual or organization without the prior written approval of the City. The City's data and property in the hands of the Contractor shall be protected from unauthorized disclosure, loss, damage, destruction by a natural event or another eventuality. The Contractor agrees to reimburse the City for loss or damage of City property while in Contractor's custody. Such City data shalll be returned tot the Cityi in a form acceptable to the City upon thet termination or expiration ofthis Agreement. The Contractor shall notify the City ofa any security breaches within 241 hours as required by G.S. $ 143B-  Work to be performed under this Agreement.  1379.  Greenfield Terrace Park Improvements  192    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  ARTICLEII-TIME OF BEGINNING AND COMPLETION  III.A.  PERIOD OF PERFORMANCE  Work will begin no later than ten (10) calendar days following execution of this agreement. The work will be substantially completed within 224 days after issuance oft the Notice to Proceed and fully completed by April 4, 2025. The Contractor will  be responsible for implementing and monitoring the schedule.  This Agreement will expire on October 1, 2025, unless there is a duly executed amendment signed by both parties agreeing to extend time for performance.  III.B.  DELIVERABLES  Ifadditional deliverables beyond the agreed-upon scope ofwork for thej project are required toc complete the assignment, then ai new written amended scope ofworkdescription ofg goods willl be developed for the additional Work. This amendment will notl become effective until completed as required herein. The Contractor shall notify the City's Project Manager as soon: as additional services beyond agreed-upon scope of work appear tol be warranted. The Contractor must never under any circumstance exceed the approved cost estimate without Nonew assignment willl bei issued afters sixmonths from the date ofe execution or after the not-to-exceed amount has been depleted, whichever occurs first.  prior written authorization from the City.  Performance of Work by City. IrContractor/Consulant fails to perform the Work in accordance with the schedule required by this Agreement, the City may, ini its discretion, perform or cause to be performed some or all oft the Work, and doing SO shall not waive any of the City's rights and remedies. Before doing sO, the City shall give Contractor/Consultant notice ofi its intention. Contractor/Consultant shall reimburse the City for additional costs incurred by the City in exercising its right to perform or cause  to be performed some or all of the Work pursuant to this section.  ARTICLEIV-COMPENSATION. AND PAYMENTS  IV.A.  FEES AND COSTS  Upon compliance with Paragraph IV.B below, Consultant/Contract will be eligible for  Greenfield Terrace Park Improvements  193    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  compensation for the services as outlined in the Construction Plans and Project Manual,  which is incorporated into this Agreement as Attachment A.  Specifically, Contractor will be eligible to receive a not-to-exceed amount of $1,223,500.00 (one million, two hundred twenty three thousand fivel hundred dollars and The City shall not be obligated to pay the Contractor any payments, fees, expenses, or  zero cents).  compensation other than those authorized by this section.  IV.B.  PAYMENT  Upon receipt ofi invoices and appropriate supporting documentation by the City, the invoices are payable within thirty (30) days from receipt, provided they have first been approved by the City. The City does not agree to thej payment oflate charges or finance charges assessed by the Contractor for any reason. Invoices are payable in  U.S. funds.  The Contractor shall pay subcontractors for work performed within seven (7) days after Contractor receives payment from the City for work performed by the subcontractor. This requirement must be incorporated into all subcontractor agreements. Failure to comply with the seven (7) day requirement may cause the City to withhold payments to the Contractor and the City may suspend work until the  subcontractor is paid.  All invoices shall be directed to: Project Management Department, Mike Watson, Project Coordinator, 2000 Cedar Lane Greenville, NC 27858 or emailed to  mmabomagremileiege".  Itshall be thei responsibility oft the Contractor and all sub-consultants to keep records of all payments requested and the dates received. The City may request copies of this  information in the form ofai report.  ARTICLEV-GENERALTERMSANDCONDITIONS  V.A.  TERMINATION  Greenfield Terrace Park Improvements  194    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  The City may terminate this Agreement at any time upon any of the following  grounds: V.A.1.  DEFAULT. The Contractor fails to perform, provides unacceptable performance, fails to comply with the provisions of the contract, or fails to follow safety regulations as required ini this Agreement. Under this provision only, the City shall provide written notice to the Contractor/Consulant regarding the condition(s) and the Contractor/Consultant shall have ten (10) calendar days to rectify. In the event the condition(s) identified are not rectified to the satisfaction of the City, the City will give the Contractor/Consultant written notice oftermination, which will be effective as of the date of notice unless otherwise stated in the notice of termination. Upon receipt, the Contractor/Consultant is expected to remove all employees CONVENIENCE. Without limiting either party's right to terminate for breach, the parties agree the City may terminate this agreement, without cause and in its discretion, by giving thirty (30) calendar days' written notice. Contractor shall be paid for services provided up to the date of termination except to the extent previously paid for under the Agreement. Work shall be paid for in accordance with the method (unit prices, hourly fees, etc.) to be used for payment had the Work been completed except to the extent it would be inequitable to either party, and if Work was to be paid for on a lump-sum basis, the City shall pay the part of the lump sum that reflects the percentage of completion attained for that Work. The City shall not be liable to Contractor for any additional compensation, or for any consequential or incidental damages, including but not limited to overhead, profit, damages, other economic loss or otherwise, and all obligations under the Agreement shalll be discharged except that any right based onj prior breach or performance survives and any other provisions expressly cited to survive termination. At the time of termination under this provision or as soon afterwards as is practical, Contractor shall give the City all Work, including partly completed  and equipment from the premises immediately.  V.A.2.  Work.  Greenfield Terrace Park Improvements  195    Vendor Name: FASCO, Inc. Vendor Number: V.A.3.  Contract #  FUNDING. In accordance with paragraph V.G.14, this agreement shall automatically terminate should funding cease to be available.  V.A.4.  FORCE MAJEURE. This includes but is not limited to any acts of God; acts of the public enemy; insurrections; riots; embargoes; labor disputes, including strikes, lockouts, job actions, or boycotts; shortages ofr materials or energy; fires; explosions; floods; any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, including, without limitation any of the foregoing which occur as a result of epidemic or pandemic; changes in laws governing this type of Work of facility; or other unforeseeable causes beyond the reasonable control and without the fault or negligence oft the City. Reasonable extension oftime for unforeseen delays may  be made by mutual written consent of all parties involved.  V.A.5.  EXPIRATION. Upon expiration of this Agreement, this Agreement is terminated, ifnot extended, in accordance with the terms and conditions oft this  Agreement.  V.B.  CONTRACTORSRESRESPONSIBILITY  V.B.1.  Contractor shall perform the Work under this Agreement as an independent contractor and not as City's agent or employee. Contractor shall be solely responsible for the compensation, benefits, contributions and taxes, ifany, ofits  employees and agents.  V.B.2.  The standard of care applicable to Contractor's performance will be the degree ofskill and diligence normally employedbyprofesional Contractors performing the same or similar services at the time and location said services are performed. Contractor will re-perform any services not meeting this standard without  additional compensation.  V.B.3.  Contractor will provide all equipment including but not limited to computer, recording equipment, long distance telephone and facsimile service, cellular service, and any clerical supplies necessary to perform the Work required  Greenfield Terrace Park Improvements  196    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  under this Agreement. Contractor shall be responsible for all travel and  related expenses.  V.B.4.  Contractor shall be responsible for all federal, state and local taxes incurred, owed or payable as ai result of the performance of the Work.  V.B.5.  In the performance of the Work under this Agreement, Contractor shall comply with all federal, state, county and City statutes, ordinances, The Contractor/Consultant shall furnish a competent project manager who shall be available to the Recreation and Parks Department or their designee atall times that the Contractor/Consultant is performing the Work under this Agreement. The Contraclor/Consulan's supervisor shall have full authority over the Contractor/Consulants employees, agents, subcontractors, or otherwise and shall monitor them and direct them responsibly. The Contractor/Consutants supervisor shall have ai mobile telephone number to be contacted as needed. This number shall bej provided to the City within five  regulations, and rules, which are applicable.  V.B.6.  (5) days oft the date oft this contract.  V.C.  INDEMNIFICATION. INSURANCE AND WARRANTIES V.C.1. INDEMNITY AND HOLDHARMLESS REQUIREMENIS:  a. Tot the maximum extent allowed by law, the Contractor shall defend, indemnify, and save harmless Indemnitees from and against all Charges that arise in any manner from, in connection with, or out ofthis contract as a result ofacts or omissions ofthe Contractor or subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In performing its duties under this subsection "a," the Contractor shall ati its sole expense defend Indemnitees b. Definitions. As used in subsections "a" above and "c" below - "Charges" means claims, judgments, costs, damages, losses, demands, liabilities, duties, obligations,  with legal counsel reasonably acceptable to City.  Greenfield Terrace Park Improvements  197    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  fines, penalties, royalties, settlements, and expenses (included without limitation within "Charges" are (1) interest and reasonable attorneys' fees assessed as part of any such item, and (2) amounts for alleged violations of sedimentation pollution, erosion control, pollution, or other environmental laws, regulations, ordinances, rules, or orders = including but not limited to any such alleged violation that arises out ofthel handling, transportation, deposit, or delivery oft the items that are the subject of this contract). Indemnitees" means City and its officers, officials, independent Other Provisions Separate. Nothing in this section shall affect any warranties in favor oft the City that are otherwise provided in or arise out ofthis contract. This section isi in addition to and shall be construed separately from any other indemnification provision that may be in d. Survival. This section shall remain in force despite termination oft this contract (whether by expiration of the term or otherwise) and termination of the services of the Contractor under Limitations of the Contractor's Obligation. Ifthis section is in, or isi in connection with, a contract relative to the design, planning, construction, alteration, repair or maintenance ofa building, structure, highway, road, appurtenance or appliance, including moving, demolition and excavating connected therewith, then subsection "a" above shall not require the Contractor to indemnify or hold harmless Indemnitees against liability for damages arising out of bodily injury to persons or damage to property proximately caused by or resulting Itisu understood and agreed by the parties that the City will assume no liability for damages, injury, or other loss to the Contractor, its employees or property, tools or equipment, or to other persons or properties located on City facilities resulting from the Contractor'sactivties and operations while performing services under this contract. The Contractor shall assume full and complete liability for any and all damages to City or private properties caused by or from its activities, operations, and that ofi its employees, agents, and officers. Contractor will promptly notify the City of any Civil or Criminal Actions filed against the Contractor or ofa any notice of violation from any Federal or State Agency or ofa any claim as  contractors, agents, and employees, excluding the Contractor.  this contract.  this contract.  from the negligence, in whole or in part, of Indemnitees.  Greenfield Terrace Park Improvements  198    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  soon as practical as relates to the services provided. The City, upon receipt of such notice, shall have the right, at its election, to defend any and all actions or suits or join in defense. The Contractor agrees to purchase at its own expense insurance coverages to satisfy the following minimum requirements. Work under this contract shall not commence until all insurance required as listed has been obtained. Insurance required shall remain in effect . Workers' Compensation Insurance: No contractor ors subcontractor may exclude executive  V.C.2. INSURANCE:  through the life oft this contract.  officers. Workers Compensation musti include all employees  Limits:  Workers Compensation:satuiony fort the State ofNorth Carolina. Employers Liability: Bodily Injury by Accident $1,000,000 each accident.  Bodily Injury by Disease $1,000,000 policy limit. Bodily Injury by Disease $1,000,000 each employee.  b. Commercial General Liability:  Limits:  Each Occurrence:  $1,000,000 $1,000,000 $2,000,000 $2,000,000  Personal and Advertising Injury General Aggregate Limit  Products and Completed Operations Aggregate  The aggregate limit must apply per project. The form ofc coverage must be the ISO CG000 01 policy as approved by the State of North Carolina Department of Insurance. Ifa form of coverage other than the CG0001 is used, it must be approved by the City. Any endorsed exclusions or limitations from the standard policy must be clearly stated in writing and attachedi to the Certificate ofInsurance. Completed Operations coverage must be maintained for the period of the applicable statute of limitations. Additionally, the City must be added as an Additional Insured to the Commercial  General Liability policy.  Greenfield Terrace Park Improvements  199    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  CommercialAutomobilc Liability: Limits: $1,000,000 combined single limit.  d. Cancellation:  Each certificate ofinsurance shall beart the provision that the policy cannot be altered or canceled in less than thirty (30) days after mailing written notice to the assured of  such alteration or cancellation, sent registered mail.  ProofofCarriages:  The Contractor shall provide the City with insurance industry standard ACCORD form Certificate(s) of Insurance on all policies ofi insurance and renewals thereof in a form(s) acceptable to the City prior to the commencement of services. Said policies shall provide that the City be an ii. The City shall be notified in writing of any reduction, cancellation, or substantial change of policy or policies at least thirty (30) days prior to the iii. All insurance policies shall be issued by responsible companies who are acceptable to the City and licensed and authorized to do business under the  additional named insured.  effective date of said action.  laws ofNorth Carolina.  V.C.3 WARRANTIESIAPPLICABLETOCONTRACTS FOR SALEOF GOODS)  In addition to other warranties made: in this transaction, Sellerrepresents and warrants that all of the products (which includes goods, items, and other things) furnished under this contract, the process by which those products are made, and their use will not infringe any patent, trademark, or other rights of any other person, firm, or corporation, and Seller shall defend, indemnify, and hold harmless the City and its officers, officials, agents, contractors, and employees from and against any and all claims, judgments, costs, damages, losses, demands, liabilities, obligations, fines, penalties, royalties, settlements, and expenses (including interest and reasonable attorney'si fees assessed as part of any such item) arising out of any:  Greenfield Terrace Park Improvements  200    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  () actual or alleged infringement of any such patent, trademark, or other rights; (ii) (except to the extent that the personal injury, death, or property damage is caused solely by negligent or intentional acts or omissions of the City) personal injury, death, or property damage allegedly caused by or resulting from the delivery to the City of, or the manufacture, construction, design, formulation, development of standards, preparation, processing, assembly, testing, listing, certifying, warning, instructing, marketing, selling, advertising, packaging, or labeling of any product furnished to the Cityunder  or  this Agreement.  Without reducing the City's rights under this section, Seller, in case of an actual or threatened claim, may, at Seller's option and expense, procure for the City the right too continue using the products furnished under this contract. (However, thej preceding sentence does not pertain to part "(ii)" oft the first sentence of this section.) In addition to other warranties made in this transaction, Seller warrants that all ofthe products (whichir includes goods, items, and other things) furnished under this contract () Be in conformity with applicable NC and federal statutes and regulations, except to the extent other contract documents provide otherwise;  must:  (i) not have been used; and (iri) must be at least such as:  a. pass without objection in the trade under the contract description; b. in the case of fungible goods, are of fair average quality within the C. are fit for the ordinary purposes for which such goods are used; d. run, within the variations permitted by the contract, ofeven kind, quality and quantity within each unit and among all units involved; . are adequatelycontained, packaged, and labeled as the contract may require;  description;  and  Greenfield Terrace Park Improvements  201    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  conformi tot thej promises ora affirmations off fact made ont the container or label  ifany.  V.D.  CORRECTIONOF WORK  The Contractor shall promptly correct all Work rejected by the City, as failing to conform to this Agreement. The Contractor shall bear all costs of correcting such rejected work. Rejected work shall consist oft that Work which is deemed ineligible  by the City'srepresentative. RELATIONSHIP WITHOTHERS  V.E.  The Contractor will cooperate fully with the City with other municipalities and local government officials, Federal and state environmental resource and regulatory agencies, and with any others as may be directed by the City. This shall include attendance at meetings, workshops, and hearings and also includes provision of project development, human and natural environmental and engineering information to all parties as may be requested by the City. The Contractor will also cooperate fully with the City and other agencies on adjacent  projects, as necessary. NOTICE  V.F.  Any notice or communication required or permitted by this Agreement shall be deemed sufficiently given ifi in writing and when delivered personally or three (3) days after deposit with a receipted commercial courier service or the U.S. Postal Service as registered or certified mail, postage prepaid, and addressed as follows:  City: City of Greenville P.O. Box 7207 Greenville, NC 27835 Attn: Mike Watson  Contractor: FASCO Inc. 2659 Hwy 258 North Kinston, NC 28504 Attn: M. Glenn Smith  Greenfield Terrace Park Improvements  202    Vendor Name: FASCO, Inc. Vendor Number: V.G. V.G.1.  Contract #  ADDITIONAL PROVISIONS  TIME ISOFTHE ESSENCE  The parties agree that time is oft the essence in the completion oft the Work to be performed pursuant to this Agreement. Work shall start no later than ten (10) calendar days following execution of this agreement and shall be completed by the end oft the day on Friday, April 4, 2025.  The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion  thereofwithin the time specified. OWNERSHIP OF DOCUMENTS  V.G.2.  All tracings, documents, technical reports, charts, plans, specifications, photographic negatives, photographs, survey notes, computations, and maps and other data or documents prepared or obtained under the terms ofthis Agreement shall be delivered to and become the property of the City without restriction or limitation on their use. However, in the event of any reuse or alteration of any documents furnished to the City, such alteration or reuse shall be at the City's sole risk. In the case of an Agreement involving preliminary plans only, no commitment is stated or implied that would constitute a limitation on the subsequent use of the plans or ideas incorporated therein for preparation of construction plans. These items could become the property of the City, ift the  City SO elects.  V.G.3.  MINORITYAWOMEN OWNED BUSINESS ENTERPRISE AND NON- The City has adopted an Affirmative. Action and Minority and Women Business Enterprise (M/WBE) Program. The Contractor attests thati it also shall take affirmative action to ensure equality ofopportunity in all aspects ofemployment and to utilize MWBE suppliers ofmaterials  DISCRIMINATION  and labor when available.  Greenfield Terrace Park Improvements  203    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Contractor, its assignees and successors in interest, further agrees that in the performance of these services that it shall comply with the requirements of Title VIofthe Civill Rights Acto of1964: and other pertinent Nondiscrimination Authorities, as cited in Exhibit Ct to this Agreement and will not discriminate ini its hiring, employment, and contracting practices with reference toj political affiliation, genetic information, sexual orientation, age, sex, race, color, religion,  national origin, handicap or disability.  V.G.4.  IRANDIVESTMENT ACTCERTFICATION  The Contractor hereby certifies that it is not on the Iran Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. S 147-86.58. The Contractor shall not utilize in the performance of the Agreement any subcontractor that is identified on the Iran Final Divestment List.  V.G.5.  E-VERIFY  The Contractor shall comply with the requirements of Article 2ofChapter 64 of the North Carolina General Statutes. Further, if the Contractor utilizes a Subcontractor, the Contractor shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. The Contractor represents that the Contractor and its Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the  North Carolina General Statutes. ASSIGNMENT  V.G.6.  There shall be no assignment, subletting or transfer oft the interest (including payments) of the Contractor in any of the work covered by the Agreement without the written consent of the City. Unless the City agrees otherwise in writing, the Contractor and all assignees shall be subject to all of the City's defenses and shall be liable for all of the Contractor's duties that arise out of this Agreement and all oft the City's claims that arise out ofthis Agreement. Without granting the Contractor the right to assign, it is agreed that the duties ofthe Contractor that arise out ofthis contract shall be binding upon it and its  heirs, personal representatives, successors, and assigns. Greenfield Terrace Park Improvements  204    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  V.G.7.  GENERAL COMPLIANCE WITHLAWS  The Contractor shall comply with: all applicable Federal, State, and local laws, ordinances, rules, and regulations pertaining to the performance of Work  under this Agreement.  V.G.8.  AMENDMENTS, AND WAIVER  No waiver, alterations, consent or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by the City or  his designee.  V.G.9.  PERMITS, LICENSES, AND CERTIFICATES  The Contractor is to procure all permits, licenses, and certificates, as required bya any such laws, ordinances, rules and regulations, forj proper execution and  completion of the Work under this Agreement. CHOICEOFLAW. AND VENUE  V.G.10.  This Agreement is deemed to be under and shall be governed by and construed according to the laws of the State of North Carolina and the ordinances ofthe City of Greenville. The exclusive forum and venue for all actions, suits or proceedings arising out of or related to this Agreement shall be thel North Carolina General Courts ofJustice, inl Pitt County, ori ifin federal  court, in the Eastern District of North Carolina. AUTHORITYTOCONTRACT  V.G.11.  The undersigned hereby certifies that this Agreement is made without prior understanding, agreement, or connection with any corporation, firm, or person who submitted bids for the Work covered by this Agreement and isi in all respects fair and without collusion or fraud. As to Contractor, the undersigned hereby warrants and certifies that they are authorized to enter into this Agreement and to execute same on behalf of the Contractor as the  act of the said Contractor.  Greenfield Terrace Park Improvements  205    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  V.G.12.  DISPUTE RESOLUTION  In the event of any dispute arising out of or relating to this agreement, the affected party shall notify the other party, and thej parties shall attempt in good faith to resolve the matter within thirty (30) days after the date such notice is received by the other party (the "Notice Date") prior to exercising their rights  under law.  V.G.13.  CONFLICTOF INTERESTS  a. Contractor is aware of the conflict ofinterest laws of the City of Greenville, of the State of North Carolina (as set forth in North Carolina General Statutes), and agrees that it will fully comply in all respects with the terms  thereof and any future amendments.  b. Contractor covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement, has any personal financial interests, direct or indirect, with the City. Contractor further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to the Scope of Work or services provided hereunder. Any such conflict ofinterest(s) on the part of Contractor, its employees or associated persons or entities shall be disclosed to the City.  Contractor shall disclose any possible conflicts of interest or apparent improprieties of any party under or in connection with the Legal  Requirements, including the standards for procurement.  d. Contractor shall make any such disclosure to the City in writing and immediately upon the Contractor's discovery ofs such possible conflict. The City's determination regarding the possible conflict of interest shall be  binding on all parties.  No employee, agent, Contractor, elected official or appointed official of the City, exercising any functions or responsibilities in connection with  Greenfield Terrace Park Improvements  206    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  this Agreement, or who isi in aj position to participate in the decision- making process or gain inside information regarding activities, has any personal financial interest, direct or indirect, in this Agreement, the proceeds hereunder, the Project or Contractor, either for themselves or for those with whom they have family or business ties, during their tenure or for one year  thereafter.  V.G.14.  NONAPPROFRIATIONOT FUNDS  Contractor  acknowledges  that funding for this  Agreement  isc conditioned upon appropriation and allocation by the governing body of sufficient funds to support the activities described in this Agreement. By written notice to Contractor at the earliest possible date, City may terminate this Agreement, in whole or in part, at any time for lack of appropriation noffunds, or other withdrawal, reduction or limitation in anyway of the City'sb budget, funding or financial resources. Such termination isin addition to the City's rights to terminate for convenience or cause. Ifthis Agreement is terminated for non-appropriation: The City will be liable only for payment in accordance with the terms of this Agreement for Work completed and expenses incurred prior to the effective date of termination. The Contractor will not be compensated for any other costs in connection with at termination for non-appropriation. The Contractor will not be entitled to recover any damages in connection with a termination for non-appropriation, including, but not limited to, lost profits. Contractor shall be released from any further obligation to provide Work affected by such termination, and Termination shall not prejudice any other right or remedy available to the  City.  V.G.15  RECORDS RETENTION  All records required to be kept on the project shall be maintained for at least five (5) years after final payments and until all other pending matters under this project have been closed. However, ifa any audit, litigation or other action  Greenfield Terrace Park Improvements  207    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  arising out of or related in any way to this project is commenced before the end of the five (5): year period, the records shall be retained for one (1)year after all issues arising out oft the action are finally resolved or until the end of  the five (5)year period, whichever is later.  V.G.16  CONEIDENTIALIY  Proprietary or confidential information ("confidential information") developed or disclosed by either party under this agreement shall be clearly labeled and identified as confidential information by the disclosing party at the time of disclosure. Confidential information shall not be disclosed to the extent allowable by law by the receiving party to any other person except to those individuals who need access to such confidential information as needed  to ensure proper performance oft the Services.  Neither party shall be liable for disclosure or use ofconfidential information which: (1)is or was known by thei receiving party at the time ofc disclosure due to circumstances unrelated to this agreement; (2) is generally available to the public without breach ofthis agreement; (3)is disclosed with the prior written approval ofthe disclosing party; or (4)1 is required tol be released by applicable  law or court order.  Each party shall return all confidential information relating to this agreement tot the disclosing party upon request oft the disclosing party or upon termination ofthis agreement, whichever occurs first. Each party shall have the right to retain a copy ofthe confidential information fori its internal records and subject to ongoing compliance with the restrictions set forth in this Section. This  Section shall survive termination ofthis agreement.  V.G.17  SEVERABILITY  No waiver of any breach of this agreement shall operate as a waiver of any similar subsequent breach or any breach of any other provision of this agreement. If any provision of this agreement is held invalid by a court of  Greenfield Terrace Park Improvements  208    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  competent jurisdiction, such provision shall be severed from this agreement and to the extent possible, this agreement shall continue without affecting the  remaining provisions. COUNTERPARTS  V.G.18  This agreement may be executed in counterparts, and the counterparts, taken  together, shall constitute the original. THIRD PARTY RIGHTS  V.G.19  No Third Party Rights Created. This contract is intended for the benefit of  the City and the Contractor and not any other person.  V.G.20  PRINCIPLESOFI INTERPRETATION, AND DEFINITIONS. (1)Thes singular includes the plural and the plural the singular. The pronouns "it" and "its" include the masculine and feminine. References to statutes or regulations include all statutory or regulatory provisions consolidating, amending, or replacing the statute or regulation. References to contracts and agreements shall be deemed to include all amendments to them. The words "include,""including: , etc. mean include, including, etc. without limitation. (2) References to a "Section" or "section" shall mean a section of this contract. (3) "Contract" and 'Agreement," whether or not capitalized, refer tot this instrument. (4) "Duties" includes obligations. (5) The word "person" includes natural persons, firms, companies, associations, partnerships, trusts, corporations, governmental agencies and units, and other legal entities. (6) The word "shall" is mandatory. (7) The word "day" means calendar day. (8) The word "Work" is defined in Section I.A. (9) A definition in this contract  will not apply to the extent the context requires otherwise.  V.G.21.  ENTIRE AGREEMENT  This Agreement, including any Exhibits hereto, contains all thei terms and conditions agreed upon by the parties. No promises, agreements, conditions, inducements, warranties, or understandings, written or oral, expressed or implied, between the  Greenfield Terrace Park Improvements  209    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  parties, other than as set forth or referenced in this contract shall be deemed to exist  ort to bind either party hereto. HEADINGS  V.G.22.  The headings of the various Articles and Sections herein are for convenience ofreference only and shall not form part of this Agreement or define or limit any  of the terms or provisions hereof.  V.G.23  DISCHARGEOFI MECHANICS AND MATERAIMIENSIEN Ifa applicable, the Contractor shall use its best efforts to prevent any liens that arise from the performance of the Work from being filed against the City or Property. If any liens are filed, the Contractor shall prevent any liens from becoming delinquent. Upon completion oft the Work and prior toj payment by the City, the Contractor shall execute and provide to the City a Release ofLiens and Waiver ofClaims form.  V.G.24  PEFORMANCEOF GOVERNMENTFUNCTIONS  Nothing contained in this Agreement shall be deemed or construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions.  V.G.25  E-SIGNATURE AUTHORITY  The parties hereto consent and agree that this agreement may be signed and/or transmitted by facsimile, e-mail of a pdf document or using electronic signature technology (e.g., via DocuSign or similar electronic signature technology), and that such signed electronic record shall be valid and as effective to bind the party sO signing as a paper copy bearing such party's handwritten signature. The parties further consent and agree that (1) to the extent a party signs this document using electronic signature technology, by clicking "sign", such party is signing this Agreement electronically, and (2) the electronic signatures appearing on this Agreement shalll bet treated for purposes of validity, enforceability and admissibility,  the same as handwritten signatures.  Greenfield Terrace Park Improvements  210    Vendor Name: FASCO, Inc. Vendor Number: V.G.26  Contract #  CITYMANAGERSAUTHORITY  To the extent, if any, the City has thej power to suspend or terminate this contract or the Contractor's services under this Agreement, that power may be exercised by the  City Manager or their designee. LIQUIDATED DAMAGES  V.G.27  Ift the Contractor fails to complete the Work within the time specified as stated in V.G.1 of this contract, then the Contractor shall pay liquidated damages to the City in the amount of $1,000.00 (one thousand dollars) for each calendar day of delay  until the work is completed or accepted.  Signature Pages Follow!  Greenfield Terrace Park Improvements  211    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates written below and the undersigned hereby warrants and certifies that they have read the Agreement in its entirety, understand it and agree to be bound by all the terms and conditions stated herein. Further, they warrant and certify they are authorized to enter into this Agreement and to execute  same on behalfoft the parties as the act of the said parties.  SIGNATUREOFCTY  CITYOF GREENVILLE:  BY:  SIGNATURE MAYOR DATE  APPROVED ASTOI FORM:  BY:  City Attorney or Designee (Designee means Assistant City Attorney)  PRE-AUDIT CERTIFICATION:  This instrument has been pre-audited in the manner required by the Local Government Budget and  Fiscal Control Act. BY:  DATE:  Jacob. A. Joyner, Director ofl Financial Services  ACCOUNT: NUMBERS 13-00-40-00-00-00DS34005-APRUS 113-00-40-00-00-000-000-534005-APROS 6-0H-40S1-W-00-W0-534005-74006  PROJECT CODES  ARPA-SLFRF-GREENFIELD-ADMIN ARPA-SLFRF-GREENFIELD-CONSTR EREENFELD-ADMIN  Vendor Signature Page Follows/ Greenfield Terrace Park Improvements  212    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  SIGNATURE OF VENDOR  FASCOInc. FULLNAME OF VENDOR  (e.g., Limited Liability Company, Organization, Individual Doing Business Underal Firm Name)  VENDOR: BY:  SIGNATURE TITLE DATE  Greenfield Terrace Park Improvements  213    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Exhibit A  City's Solicitation  Greenfield Terrace Park Improvements  214    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenville NORTH CAROLINA RECREATION AND PARKS Recreation and Parks Department  2000 Cedar Lane Greenville, NC27835 252-329-4567  Project Manual  Greenfield Terrace Park Improvements  120 Park Access Road, Greenville, NC: 27834  Construction Documents  April 05, 2024  HH Architecture, PA PO Box 18808 Raleigh, NC 27619-8808 919-828-2301 phone 919-828-2303 fax www.hh-arch.com. HH#22-061  Greenfield Terrace Park Improvements  215    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield Terrace Park Improvements  Greenville Recreation and Parks  HH#22-061  Architect HH Architecture 11001 Dresser Court Raleigh, NC27609  Mechanical, Electrical, and Plumbing Engineer En-Techl Engineering 1071 NI Berkeley Blvd Goldsborol NC2753  9290 < CAROL Si  Se*  Civil Engineer Ark Consulting Group, PLLC. 2755-B Charles Blvd. Greenville, NC27858  Structural Engineer Lynch Mykins 3011 NV West Street, Suite 105 Raleigh, NC27603  SEAL 31970  Greenfield Terrace Park Improvements  216    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terrace Park Improvements City ofGreenville  Construction, Documents  4/5/2024  TABLE OF CONTENTS Project:  Greenfield Terrace. Park Improvements Greenville Recreation and Parks 1201 Park Access Road, Greenville, NC27834 HH#22-061  Cover Sheet Seals Page Table of Contents Advertisement: for Bids Instructions tol Bidders Proposal Form Bid] Bond for the City rofGreenville  Performance and Payment Bond for the City ofGreenville City of Greenville/Greenville Utilities Commission Minority and/or Women! Business Enterprise (M/WBE) Program Standard Form of Agreement Between Owner and Contractor General Conditions oft the Contract for Construction Claim for Additional Time ont thel Basis of Adverse Weather Conditions  Project Schedule  DIVISIONO-PROCUREMENT  001116  Noticet tol Bidders  DIVISION1- GENERAL REQUIREMENTS  011000 012100 012200 012300 012500  Summary Allowances Unit Prices Altemates Substitution Procedures  Table OfContents  000003-1  Greenfield Terrace Park Improvements  217    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terrace Park Improvements City ofGreenville 012600 012600.01 Field Order 012900 013100 013200 013233 013300 014000 014110 014200 015000 016000 017300 017490 017700 017823 017839 017900  Construction Documents  4/5/2024  Contract Modification Procedures Payment Procedures Project Management and Coordination Construction Progress Documentation Photographic Documentation Submittal. Procedures Quality Requirements Special Inspections References Temporary Facilities and Controls Product Requirements Execution Construction' Waste Management and Disposal Closeout Procedures Operation and! Maintenance! Data Project Record Documents Demonstration and Training  013300.01 Submittal Cover Form  DIVISION2-EXISING CONDITIONS  024119  Selective. Demolition  DIVISIONO 03 - CONCRETE 030130 033000 033200  Maintenance of Cast-in-Place Concrete Cast-In-Place Concrete Concrete Slab Patching and] Repair  DIVISION4-MASONRY 040110 042000  Masonry Cleaning Unit Masonry  Table OfContents  000003-2  Greenfield Terrace Park Improvements  218    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terrace Park: Improvements City ofGreenville DIVISIONS-METALS 051200 053010 054000 061000 061600 064116  Construction! Documents  4/5/2024  Structural Steel Steel Deck Cold] Formed Metal Framing Rough Carpentry Sheathing  DIVISION6-1 WOOD, PLASTICS, ANDO COMPOSITES  PastcLaminate-Clas, Architectural Cabinets  DIVISION7-THERMAL, ANDMOISIURE PROTECTION  072100 072726 074633 075419 076200 079200  Thermal Insulation Flmd-Appied.Memhxane Air Barriers Formed) Metal Walll Panels Polyvinyl-Chlonide (PVC)Roofing Sheet Metall Flashing and' Trim Joint Sealants  DIVISIONS-OFENINGS 081113 081416 083513 084113 087100 088000 DIVISION9-FINISHES 090561 092216 092900 Table OfContents  Hollow) Metall Doors and] Frames Flush Wood Doors  Multipanel Folding Alumimm-Framed Glass Doors Aluminum-Framed, Entrances and Storefronts  Door Hardware Glazing  Remedial. Floor Coating Non-Structural: Metal Framing Gypsum Board  000003-3  Greenfield Terrace Park Improvements  219    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terrace Park: Improvements City ofGreenville 095113 096513 096519 097200 098433 099113 099123  Construction Documents  4/5/2024  Acoustical Panel Ceilings Resilient Base and Accessories Resilient Tilel Flooring Wall Coverings Sound-Absorbing Wall Units Exterior Painting Interior Painting  DIVISION: 10-SPECIALTIES  101419 101423 102800 107300  Dimensional Letter Signage Panel Signage Toilet, Bath, and Laundry. Accessories Aluminum Walkway Covers  DIVSIONII-EQUINENT  113013  Residential. Appliances Roller Window Shades  DIVISION12-FURNISHINGS  122413  123661.16 Solid Surfacing Countertops DIVISION! 13- - SPECIAL CONSTRUCTION DIVSONIA-CONVEYING EQUIPMENT  Not Used  Not Used  DIVISION21-FRE: SUPPRESSION  NotUsed  DMVSIONZ-PLIMEBING Table OfContents  000003-4  Greenfield Terrace Park Improvements  220    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terracel Park Improvements City of Greenville 220500 220518 220523 220529 220553 220719 221116 221119 221316 221319  Construction Documents  4/5/2024  Common Work Results For Plumbing Escutcheons for Plumbing Piping General-Duty' Valves For Plumbing Piping Hangers And Supports For Plumbing Piping And] Equipment Identification For Plumbing Piping And Equipment  Plumbing Piping Insulation Domestic Water Piping Domestic Water Piping Specialties Sanitary Waste. And Vent Piping Sanitary Waste Piping Specialties  DIVISION23-HVAC 230500 230553 230593 233113 233300 233346  Common Work Results For HVAC Identification Forl HVACI Piping Andl Equipment Testing, Adjusting, And] Balancing For HVAC  Metal Ducts Air Duct Accessories Flexible Ducts  233713.13 Airl Diffusers  237416.11 Packaged, Small-Capacity, Rooftop Air Conditioning Units  DIVISION: 26-ELECTRICAL  260500 260519 260529 260533 260553  Common Work Results For Electrical Low-Voltage Electrical Power Conductors. And Cables Hangers And Supports For Electrical Systems Raceway And Boxes For Electrical Systems Identification! For Electrical Systems  Table OfContents  000003-5  Greenfield Terrace Park Improvements  221    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield Terrace Park Improvements City ofGreenville 262726 262813 262816 265119 265219  Construction Documents  4/5/2024  Wiring Devices Fuses  Enclosed Switches And Circuit Breakers LEDI Interior Lighting Emergency and] Exit Lighting  DIVISION27-C COMMUNICATIONS  271500  Communications Horizontal Cabling  DIVISION: 28-ELECTRONIC: SAFETY ANDSECURITY  283111  Fire-Alarm System  DIVISION. 31-EARTHWORK  311000 312000 312500  Clearing, Excavation and' Trenching Earth Moving Erosion and Pollution Control  DIVISION 32-EXTERIOR: IMPROVEMENTS  321216 321313  Asphalt Paving  Concrete Curb, Gutter, and Sidewalk:  DIVSION3S-UTIITES 330500 332110 332120 332130 334100  Common Work: Results for Utilities Water Pipe and Pipe Fittings Water Valves Water Pipe Accessories Storm Drainage Utilities  Table OfContents  000003-6  Greenfield Terrace Park Improvements  222    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield Terrace Park Improvements CityofGreenville 335100  Construction Documents  4/5/2024  Gravity Sanitary Sewer System  END OF TABLE OF CONTENTS  Table OfContents  000003-7  Greenfield Terrace Park Improvements  223    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terrace Park Improvements City of Greenville  Construction Documents  4/5/2024  SECIION 001113-ADVERIISEMENTFOR. BIDS  The Greenville Recreation and Parks Department (GRPD) will accept bids fort the Greenfield" Terrace Park Improvements project after April 15, 2024. Sealed Proposals will be receivedbyt the City in the Jaycee Parkl Meeting Room, 2000 Cedar Lane, Greenville, NC27858, at 2:00pm (Eastem Standard Time) on Monday May 15, 2024, andj publicly opened thereafter at 2:00; pm Bids shall be marked' "SEALED BID", addressed tot the attention ofMr. Mike Watson, Greenville Recreation: and Parks Department, and shall include thel Name, Address, and] License Number oft the bidder, and thet type proposal enclosed. Contractors interested: int bidding as prime bidders are required to attend the open mandatory pre-bid meeting which willl be held Tuesday April 30 at 10:00 am att the Greenfield' Terracel Park Bames- Complete plans and specifications for the project willl be available from the City ofGreenville website at https:/www.g greenvillenc. gov/govemment. Fmmcialssniesureatbidopastamities for download. For information, contact. Joanna Thomas atl HH Architecture (919) 828-2301 orj thomdhharchcom The City Council oft the City of Greenville reserves the right to rejecta any or all proposals.  Ebron-Taft! Building, 1201 Park. Access Road, Greenville, NC: 27834.  Owner: Mike Watson 2000 Cedarl Lane Greenville, NC27858 (252)32945391 Phone (252)329-4062 Architect: HH Architecture 11001 Dresser Court Raleigh, NC 27609 (919)828-2301 END OF SECTION 001113  City of Greenville Recreation and Parks Department  Advertisement for Bids  001113-1  Greenfield Terrace Park Improvements  224    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terrace Park Improvements City of Greenville  Construction! Documents  4/5/2024  SECTION 0AIB-INSTRUCTIONS TOI BIDDERS  1. Bids willl be received for Single Prime Contract. All proposals shalll be for lump sum. Itist the intent oft the Cityt to award this bid to thel lowest responsive and responsible bidder. 2. Bidders are requested toi retum bids tot the City of Greenville Recreation and Parks Department prior tol bid opening. Bids willl be opened promptly at the time specified int thel Invitation tol Bid. Bidders are cautioned tol bej prompt sincel Nol Bids Willl Be Accepted after the time designated: for the bid opening. Thej precise time will be monitored byt the by the person responsible for opening 3. A1l bids submitted: must be on the blank proposal forms herein provided and prices given shall be bothi in writing and figures andt the complete form shall be without any lineation, alterations, or Bids shall be enclosed: in as sealed envelope, directedt tot the City of Greenville, Recreation and Parks Department, 2000 Cedar Lane, Greenville, North Carolina 27858, and marked with the bidder's! North Carolina Comtractor'sLicense number. All bids must be marked Bid ont the 5. Eachproposal shall contain the full name anda address ofe each bidder. When firms bid, thes name ofeachi member shalll be signed and the firmi name added, and the execution shall be done as The omission of prices upon any item for which bids are asked or the tendering ofa an unbalanced 7. No bids shall be considered or accepted by the City unless at the time ofits filing, itis accompanied by a deposit ofc cash, or a cashier's check, or a certified check on some bank or trust company insured by the Federal! Deposit Insurance Corporation in: an amount equal to not less than five percent (5%) of the bid. In1 lieu ofr making that deposit, the bidder may file al bid bond executed by a corporate surety licensed under thel laws ofNorth Carolinai to execute such bonds, conditioned that the surety will upon demand forthwith make payment to the City ofGreenville upont thet bondi if thet bidder fails to execute the contract in accordance witht the! bid bond. This deposit shall be retained byt the City ift thes successful bidder fails to execute the contract within 10 days aftert the: award or fails to give satisfactoryl bonds or deposit as required herein. The bidder to whom the award of contract: is made shalle either (a) fumish bonds as required by Article 3 of Chapter 44A oft the N.C. General Statutes, using the form supplied by the City; or (b) deposit with the City: money, certified check or govemment securities. The bonds or deposit shall be for the fulla amount oft the contracti to secure the faithfil performance oft thet terms of the contract andt the payment of all sums due for labor and materials in ai manner consistent with. Article 3 of Chapter General Contractors are notified that Chapter 87, Article 1, General Statutes ofNorth Carolina will be observed in receiving anda awarding general contracts. General contractors submitting bids  the bids.  erasures. In case of conflicting prices, the written prices shall govem.  outside oft the envelope.  more specifically stated1 herein under thet following section. bid willl bet the cause oft thes rejection oft the bids submitted.  44A.  ont this project must have license classification for general contractor.  Instructions tol Bidders  002113-1  Greenfield Terrace Park Improvements  225    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terracel Park Improvements City of Greenville  Construction Documents  3/4/2024  NOTE: Under GS 87-1, a contractor that superintends or manages construction ofa any building, highway, public utility, grading, structure or improvement shall be deemeda a "general contractor" ands shall be so licensed. Therefore, as single prime project that involves othert trades will require . Except tot the extent allowed by statute, bids shall not be withdrawn and bids shall remain subject 10. Bidders must present satisfactory evidence that they have been regularly engaged in the business ofconstructing such work, andt that they are fully prepared with the necessary capital, equipment, etc., to begin the work promptly, and complete thes same in accordance with specifications. 11. The! bids will be evaluated andt the contract awardedi in accordance with statutorypublic contract requirements as supplemented or altered byt thel Minority and or Women Business Enterprise (M/WBE) requirements supplied with this bidp package. These forms must be filled out and retumed with the bid proposal. Any bids submitted without these completed forms shall be deemed as non-responsive". Ift there are any questions or problems ini filling out these forms,  thes singley prime contractor to holdaproper General Contractors license.  toa acceptance by the City for aj period of 90 days.  please contact:  Tish Williams, MWBE Coordinator 252-329-4462  12. The City of Greenville, NCi in accordance with thej provisions ofTitle VI oft the Civill Rights Act of1964 (78 Stat. 252, 42US.C. Ss 2000dt to 2000d-4) and the Regulations, hereby 1178814- v47 notifies all respondents thati it willa affirmatively ensure that any contract entered intoj pursuant to this advertisement, disadvantaged business enterprises willl be afforded full and fair opportunity to submit bids ini response tot this advertisement and will not be discriminated against on the grounds ofrace, color, or national origin in consideration: for an: award. 13. Thes successful bidder is required to commence work withint ten (10) written days after written notice from the Project Manager. Termination ofwork shall also be controlledt by the City of 14. The contractor will fumish all materials, labor, equipment, supervision, tools, machinery, etc. for complete construction ofprojects in accordance with plans and specifications oft the Cityo of 15. The! bidder to whom the award is made shalll be required to fumish work crews of adequate number, size, ande experience toj properlyp perform the work. The interpretation oft the number of crews, size, ande experience willl be determined byt the City of Greenville as tot their adequacy. 16. It shall bet the contractor'sr responsibility to obtain all necessary and required permits and 17. The Contractor will perform, or havej performed, all necessary sitel layout (both lines and grades)  Greenville. Greenville.  inspections. These permits shall be presented upon demand.  for this construction.  Instructions tol Bidders  002113-2  Greenfield Terrace Park Improvements  226    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terrace Park Improvements City of Greenville  Construction Documents  3/4/2024  18. The Contractor must provide the City of Greenville a safety plan oft their organization, prior to 19. The following standard documents shall be used for their intended purposes unless the Owner  approval oft the contract. consents to use other forms:  : StandardForm of Agreement Between Owner and Contractor b. General Conditions ofthe Contract for Construction. outlined int the Insurance! Requirements section oft this document. North Carolina andi having a. BEST rating of A or better. 22. Insurance shall be evidenced byac certificate:  20. The contractor(s) to whom the award is made must camy insurance int the amounts andt types 21. Thei insurance: herein required shall be with an insurance company authorized to do business in  Providing notice tot the City of not lesst than 30 days prior to cancellation or reduction of  coverage  Certificates should be addressed to: Attn: Mike Watson 2000 Cedar Lane Greenville, NC: 27858  City ofGreenville. Recreation and Parks Department  23. INSURANCE: contract.  The Contractor agrees toj purchase at its own expense insurance coverages to satisfy the following minimum requirements. Work under this contract shall not commence until all insurance required as listed1 has been obtained. Insurance required shall remain ine effect through the life ofthis  1. Workers' Compensation Insurance:  No contractor or subcontractor may exclude executive officers. Workers Compensation: must include all  employees. Employers Liability:  Limits: Workers Compensation: Statutory: fort the State ofNorth Carolina.  Bodily Injury by Accident $1,000,000 each accident. Bodily Injury by] Disease! $1,000,000 policy limit. Bodily Injury by Disease! $1,000,000 eache employee.  2. Commercial General Liability: Limits: Each Occurrence: Personal and Advertising Injury General. Aggregate Limit Products and Completed Operations Aggregate  $1,000,000 $1,000,000 $2,000,000 $2,000,000  The aggregate limit musta apply per project. The form ofcoverage must bet the ISOCG00 01 policy as approved byt the State ofNorth Carolina Department of Insurance. Ifai form of coverage other thant the CG0001i is usedi it must be approved Contractor. Any endorsed exclusions or limitations from the  Instructions tol Bidders  002113-3  Greenfield Terrace Park Improvements  227    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield' Terrace Park Improvements City of Greenville  Construction Documents  3/4/2024  standard policy must be clearly stated in writing and attached tot the Certificate ofInsurance. Completed Operations coverage must be maintained for the period oft the applicable statute oflimitations. Additionally, the Contractor must be added as an Additional Insured to the Commercial General  Liability policy.  3.C Commercial. Automobile. Liability: Limits: $1,000,000 combined single limit.  4. Cancellation: registered mail. S.PoofofCamiages  Each certificate ofinsurances shall bear the provision that the policy cannot be altered or canceled inl less than ten (10) days after mailing wntten notice tot the assured ofsuch alteration or cancellation, sent  A. The Contractor shall provide the City with insurance industry standard ACCORD form Certificate(s) ofInsurance on all policies ofi insurance andi renewals thereofin: a form(s) acceptable tot the City prior tot the commencement ofs services. Said policies shall provide that the B. The City shall be notified in writing of any reduction, cancellation, or substantial change of policy or policies at least thirty (30) days prior tot the effective date ofs said action. Alli insurance policies shall be issued by: responsible companies who are acceptable tot the City and licensed and authorized to do business under the laws ofNorth Carolina  City be ana additional named insured.  24. Hold] Harmless andl Indemnity Agreement:  a. To the fullest extent permitted by law, Company shall indemnify and hold harmless the City, its employees, agents, and consultants against any liability arising out of or in connection with any ofthe operations or obligations ofCompany, including buti notl limited to any said operations or obligations subcontracted or assigned to a different person or entity from claims, damages, losses, and expenses, including but not limited to attomeys' fees, which is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, caused by acts or omissions of Company or anyone directly or indirectly employed by them or anyone for whose acts the Company may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligation ofi indemnity which would otherwise exists as  toap party or person described in this paragraph.  25. The successful bidder is required to commence work within ten (10) written days after written notice from thel Project Manager. Termination ofwork shall also be controlled by the City of 26. Unit Prices: All unit prices shall bel bid. Unit Prices shall be net, no profit or overhead shall be added or deducted when applying Unit Prices tot the contract sum adjustments.  Greenville.  Instructions tol Bidders  002113-4  Greenfield Terrace Park Improvements  228    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Greenfield Terrace Park Improvements City of Greenville  Construction Documents  3/4/2024  27. All work under this contract shall be completed within ninety (300) days fromt the date ofthe 28. E-VERIFY COMPLIANCE: The Contractor shall comply with the requirements of Article 2of Chapter 64 of the North Carolina General Statutes. Further, ift the Contractor utilizesa Subcontractor, the Contractor shall require the Subcontractor to comply with the requirements of Article2 2 ofChapter 64 oft thel North Carolina General Statutes. Bys submitting aj proposal, The Proposer represents that their firm andi its Subcontractors are in compliance with the requirements 29. RANDIVESTMENT ACT: Vendor certifies that: @)itis not ont thel Iran Finall Divestment! List created byt thel NC: State treasurer pursuant tol N.C.G.S. 147-86.58; ()ity will not take any actions causing it to appear on said1 list during the term ofa any contract with the City, and (in) itv willi not utilize any subcontractor toj provide goods and services hereunder that isi identified on said1 list. 30. Any questions regarding the Contract Conditions and] BidI Documents should be directed to Joanna Thomas, HH Architecture, in writing bye email toj thomaschharchcom,  Notice to Proceed.  of Article 2 Chapter 64 oft thel North Carolina General Statutes.  END OF SECTION 002113  Instructions tol Bidders  002113-5  Greenfield Terrace Park Improvements  229    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  (USE THIS FORM ONLI)  SUBMIT PROPOSALS! IN CARE OF: Recreation and Parks Department City of Greenville 2000 Cedar Lane Greenville, NC 27858 (252)329-4242 BIDDERSFIRMNAME DATE:  PROPOSAL: Greenfield Terrace Park Improvements  The Undersigned, as Bidder, hereby declares that only person or persons interested int this proposal as principals or principals is or are named1 herein and that no other persons than herein mentioned has any interest in this proposal or int the contract tol be entered, that this proposal is made without connection with any other person, company or parties making al bid or proposal; and that itisi in all respect fair and in good The bidder further declares that he has examined the site oft the work andi informed himself fully int regard toall conditions pertaining tot thej place where the worki is to be done; that he has examined the specifications for the work and the contract documents relative thereto, and has read all special provisions fumished prior tot the opening ofbids, that he has satisfied himself relative to the work to bej performed. Materials to be fumished shall be in compliance with standard specifications and special provisions. CONTRACTORS: responsibility shall continue uninterupted until expiration oft the warranty period as stated in the specifications after completion oft the work The owner (City of Greenville) reserves the right to select any or all oft the altemates and toi increase or decrease thet total contract amount utilizing the Thel Bidder agrees, ifhis proposal is accepted, to contract with the City of Greenville, 101 City Hall Plaza, Greenville, NC: 27701, in the fomm of contract specified, to fumish all necessary materials, equipment, machinery, tools, apparatus, means oft transportation, and1 labor necessary to complete within thet time allotted as specified, the General Construction work on the Owner's property, in complete accordance with the Plans, Specifications, and Contract Documents bearing the title Greenfield Terrace Park Improvements, witha a definite understanding that no money willl be allowed for extra work except  faith without collusion or fraud.  unit prices supplied byt the CONIRACTOR in the bidi form.  as set forth in the Contract Documents for the sums as follows:  Base Bid: $  dollars  Greenfield Terrace Park Improvements  230    Vendor Name: FASCO, Inc. Vendor Number: ADDENDA  Contract #  The following addenda are: acknowledged as having been received and noted, thej provisions for which are included int the proposal(s). Failure to acknowledge: receipt ofa any: addenda will  subject the bidder to disqualification. CONTRACTOR to sign.  Addendum No. 1: Addendum: No. 2: ALTERNATES  Should any of the alterates as described int the contract documents be accepted, the amount  written below shall be the: amount to be "added to" the base bid.  Altemate No. 1: Altemate No. 2: Altemate No. 3: Altemate No. 4: Altemate No. 5: UNITPRICES  Unit prices quoted and accepted shall apply throughout the life oft the contract, except as otherwise specifically noted. Unit prices shall be applied, as appropriate, to compute the total value of changes ini thel base bid quantity oft the work all in accordance with the contract  documents. GENERAL CONTRACT: No.1 Unit Price ($) No.2 Unit] Price ($) No.3 Unit Price ($) REQUIREDFORNS CONTRACTOR tos sign. MBE /WBE Form(s):  The following forms have been completed by the CONTRACTOR and are attached hereto.  Refer tot the Instructions section found onj page 3 oft the MBE /WBE: Forms in thel Project Manual.  2  Greenfield Terrace Park Improvements  231    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Bid Bond for City ofGreenville:  Refer to the Bid] Bond forms found in the Project Manual. Uset thesej forms onb.  Respectfully submitted this_ Signature: Title: Firm: Address:  day of  2024.  License No.  Expiration Date:  3  Greenfield Terrace Park Improvements  232    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  BID BOND for the City of Greenville  Contract name and number or other description of the Contract:  Name of Bidder:  Name, address, and telephone number of Surety's N. C. Resident Agent:  Telephone number of Surety's home office: Amount of this bond: check (a) or (b):  Surety is a corporation organized and existing pursuant to the laws of the State of:  (a) (write or type the amount in words andi figures) All numbers int this section are inU.S. dollars.  ($  (b) five percent oft the amount oft thep proposal  Bond number:  Date of execution of this bond:  Obligee: CITY OF GREENVILLE, al North Carolina municipal corporation.  KNOW ALLI PERSONS BY THESE PRESENTS, that the Surety executing this bond, which Surety is duly licensed to act as surety in North Carolina, is held and firmly bound unto the City of Greenville, Obligee, int the penal sum oft the amount stated above, for the payment of which sum, well and truly tol be made, the Surety binds itself andi its successors and assigns, jointly and severally, by these presents. Whereas the Bidder is herewith submitting a proposal for the Contract referred to above, and the Bidder desires to file this Bid Bond in lieu of making the cash deposit pursuant to G.S. 143-129; NOW THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, thati ift the Bidder shall be awarded the contract for which the bondi is submitted, and shall, within ten days after the award is made, execute and deliver to the Obligee the contract and give satisfactory surety as required by G.S. 143-129, then this obligation shall be null and void, otherwise to remain in fulli force and virtue; andi if the Bidder fails or refuses to so execute and deliver said contract or give said satisfactory surety, the Surety shall upon demand forthwith payt to the Obligee the full penal sum of this bond. The Surety waives all extensions oft time, and notice ofe extensions oft time, for the opening of proposals andi fort the modification, award, execution, and delivery oft the contract. IN WITNESS WHEREOF, the Surety has executed this instrument under its seal as oft the date of execution indicated above, pursuant to authority of its goveming body.  (name of Surety)  (signature of Surety's attorney in fact) (Affix Surety's corporate seal)  (Instructions to Surety: Ify you use a raised corporate seal, press hard enough to make it legible.)  1  Greenfield Terrace Park Improvements  233    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  ACKNOWLEDGMENT OF SURETY'S EXECUTION OF BID BOND  State of certify that  Countyof  ar notary publici in and for said county andstate,  personally appeared before me  this day and acknowledged that he or shei is Attomey in Factf for  the  Surety named int thei foregoing Bid Bond, in which bond the Obligee ist the City of Greenville, and that he or she executed said bond, under the: seal oft the Surety, on behalf oft the Surety.  This the_  day of  20_  My commission expires:  Notary Public  2  Greenfield Terrace Park Improvements  234    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  PERFORMANCE BOND AND PAYMENT BOND  Date of Contract: Contract Name and Number: Name of Principal (Name of Contractor):  Thel Principali is organized ande existing undert thel laws oft thet following State:  Name of Surety:  Name, address, andi telephone number of Surety's N. C. Resident Agent:  Amount of Performance Bond (n words andf figures):  dollars  (S Bond number:  )  Date of Execution of these Bonds:  Contracting! Body: CITY OF GREENVILLE, al North Carolina municipal corporation. Amount of Payment Bond: same dollar amount as the dollar amount oft the Performance Bond. KNOW ALLI PERSONS BY THESE PRESENTS, Thaty we, the PRINCIPAL AND SURETY above named, are held andf firmly bound untot the above named Contracting Body, hereinafter called the Contracting Body, int the penal sum oft the amount stated above for the payment of whichs sum well and truly tol be made, wel bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, by these THE CONDITION OF THIS OBLIGATION IS SUCH, thaty whereas thel Principal entered into a certain contract with the Contracting Body, numbered as shown above and hereto attached: NOW THEREFORE, ifthe Principal shall well and truly perform andi fulfill all the undertakings, covenants, terms, conditions, and agreements ofs said contract during the original term ofs said contract and any extensions thereof thatr may be granted byt the Contracting Body, with orv without noticet tot the Surety, and during the life of any guaranty required under the contract, and shall also well and truly perform andf fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications ofs said contract that may! hereafter be made, notice ofv which modifications tot the Surety being! hereby waived, then this obligation to! be void; otherwise tor remaini int full force and virtue. As used! hereinabove, modifications" shalli include, withoutl limitation, changes (including, without limitation, changes granting extensions oft time) and additions to or with respect tot the work, scope ofv work, and specifications. The undertakings, covenants, terms, conditions, and agreements of said contracts shall include, without! limitation, the Principal's obligations, ifany, with respectt to damages for delay, toi indemnify, and to provide  presents.  warranties.  1  Greenfield Terrace Park Improvements  235    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  KNOW ALL PERSONS BY THESE PRESENTS, That we, the PRINCIPAL AND SURETY above named, are held andi firmly bound unto the above named Contracting Body, hereinafter called the Contracting Body, in the penal sum oft the amount stated above for the payment of which sum well and truly to be made, wel bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, by these THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain contract with the Contracting Body, numbered as shown above and hereto attached: NOW THEREFORE, ift the Principal shall promptly make payment to all persons supplying labor and material int the prosecution of thev work provided fori in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications tot the Surety being hereby waived, then this obligation to be void; otherwise to remain int fulli force and virtue. As used hereinabove, "modifications" shalli include, without limitation, changes (including, without limitation, changes granting extensions of time) and additions to or with respect tot the work, scope of work, and specifications. The Performance Bond and the Payment Bond are being combined here only for purposes of convenience in signing and acknowledging, and the obligations of the Principal and of the Surety are the same as ifthe bonds were on separate documents. Each bondi isi in the dollar amount stated above, and the amounts of these! bonds are not combined. The Surety agrees that both oft these bonds are fully binding oni it whether or not the Principal executes these bonds. These bonds are given pursuant to Article 3 of Chapter IN WITNESS WHEREOF, the above-bounden parties have executed thisi instrument (for botht the Performance Bond and the Payment Bond) under their several seals ont the date of execution indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority ofi its governing body.  presents.  44A oft the N. C. General Statutes.  (name of Principal)  [Execution by Principal when the Principali is a corporation]  By: Title of officer:  (Affix Principal's corporate seal.)  [Execution by Principal when the Principal is al limited liability company]  By:  Manager of Principal  [Surety's execution]  (name of Surety)  (signature ofattorney ini fact) (Affix Surety's corporate seal.)  (Instructions to Surety and Principal: If you use a raised corporate. seal, press hard  enough to make it legible.)  2  Greenfield Terrace Park Improvements  236    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  ACKNOWLEDGMENT OF. CONTRACTORS EXECUTION OF CONTRACT ANDI PERFORMANCE BOND  ANDI PAYMENT BOND County of  Acknowledgment when the Contractor (the Principal) is a corporation) l,anotary public in andi fort the aforesaid county and state, certify that personally appeared before me this day and stated that he or shei IS assistant vice-president treasurerl chief financial officerof  State of  (strike through the inapplicable:) chairperson/ president/ chief executive officerl vice-president corporation, and that by authority duly given and as the act oft the corporation, he or she signed the foregoing contract with the City of Greenville and Performance Bond and Payment Bond with respect to the contract and the corporate seal was affixed to said instrument(s). Thisthe  a  dayof  20  My commission expires:  Notary Public  Acknowledgment when the Contractor (the Principal) is a limited liability company]  State of that  County of  ar notary public for said county and state,certify  (1)appeared before me al limitedi liability  this day, (2) stated that he or shei is a manager of  company, (3)acknowledged that thei foregoing contract with the City of Greenville and the Performance Bond and Payment Bond with respect to the contract carry on the company's business int the usual way, and (4): acknowledged the due execution oft the contract andi the  Performance Bond and Payment Bond on behalf oft the company-  Thist the_  day of  20  My commission expires:  Notary Public  3  Greenfield Terrace Park Improvements  237    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  ACKNOWLEDGMENT OF SURETY'S EXECUTION OF PERFORMANCE BOND AND PAYMENT BOND  State of  County of_  L,anotary public in and for the aforesaid county and state, certify that  personally: appeared before me this day and  stated that he or she is Attorney in Facti for  the Surety named int the foregoing Performance Bond and  Payment Bond, in both of which bonds the contracting body is the City of Greenville, and that! he or she  executed said bonds, under the seal of the Surety, on behalf oft the! Surety.  This the_ My commissione expires:  day of_  20_  Notary Public  4  Greenfield Terrace Park Improvements  238    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  City of Grenyille/Greenville Utilities Commission Minority and Women Business Enterprise (MWBE) Program  City ofGreenville $100,000 and above  Construction Guidelines and Affidavits  These instructions shall be included with each bid solicitation.  Greenfield Terrace Park Improvements  239    Vendor Name: FASCO Inc. Vendor Number:  Contract #  diyofcrenvie/Creemsie Utilities Commission Minorityand Women! Business  Enterprise Program  $100,000and Construction Guidelines for MWBE Participants  Policy Statement  Itist the policy of the City of Greenville and Greenville Utilities Commission to provide minorities and women equal opportunity for participating in all aspects oft the City's and Utilities' contracting and procurement programs, including but not limited to, construction projects, supplies and materials purchases, and professional and personal service contracts. Bidders responding toi this solicitation shall comply with thel MWBE program byr making Good Faith Efforts to achieve the  Goals and Good Faith Efforts following aspiration goals for participation.  CITY  MBE 10%  WBE 6%  Construction This goali includes Construction Manager at Risk.  Bidders shall submit MWBE information with their bids on the forms provided. Thisi information willl be subject to verification byt the City prior to contract award. As of ww1.200.contactors. subcontractors, suppliers,service providers, or MWBE members of joint ventures intended to satisfy City MWBE goals shall be certified byt the NC Office of Historically Underutilized Businesses (NCI HUB) only. Firms qualifying as "WBE" for City'sg goals must be designated asa "women-owned business" byt thel HUB Office. Firms qualifying as' "MBE" for the City'sg goals must be certified in one oft the other categories (i.e.: Black, Hispanic, Asian American, American Indian, Disabled, or Socially and Economically Disadvantaged). Those firms who are certified as both a' "WBE" and' "MBE" may only satisfy the' "MBE" requirement. Each goal must ber met separately. Exceeding one goal does not satisfyrequirements for the other. Acomplete database of NC HUB certified firms may be found at tP/Pw.dancroymp An internal database oft firms who have expressed interest to do business with the City and GUCis available at wwwgrenvllencgoy. However, thel HUB status of these firms must be verified by the HUB database. The City shall accept NCDOT certified firms on federally funded projects only. Please note: A contractor may utilize anyf firm desired. However, for participation purposes, all MWBE vendors who wish Thel Bidder shall make good faith efforts to encourage participation of MWBES prior to submission of bids in ordert to be considered: as a responsive bidder. Bidders are cautioned that event though their submittal indicates they will meet the MWBE goal, they should document their good faith efforts and be prepared to: submit thisi information, ifr requested. The MWBE's listed by the Contractor ont the Identification of Minority/Women Business Participation which are determined by the City to be certified shall perform the work and supplyt the materials for which they are listed unless the Contractors receive prior authorization from the City to perform the work with other forces ort to obtain materials from other sources. Ifac contractor isp proposing to perform all elements oft the work with! his own forces, he must be prepared to document evidence satisfactory tot the owner of similar government contracts where hel has self-performed.  to do business as a minority or female must be certified by NCI HUB.  Greenfield Terrace. Park. Improvements  240    Attacht tol Bid Attach tol Bid Attacht tol Bid Attacht tol Bid Attach tol Bid Attacht tol Bid Attacht tol Bid Attacht tol Bid The Contractor shall enteri into and supply copies of fully executed subcontracts with each MWBE or supply signed Letter(s) ofl Intent tot the Project Manager after award of contract and prior to Notice to Proceed. Any amendments to subcontracts  shall be submitted to the Project Manager prior to execution. The Bidder shall providey with theb bidt thei following documentation: Identification of Minority/Women Business Participation  Instructions  (ifparticipation isz zero, please mark: zero-Blanki forms will be consideredi nonresponsive). Affidavit A( (if  subcontracting)  OR  Identification of Minority/Women Business Participation  (ifparticipationi iszero, please mark: zero-Blanki forms willl be considered nonresponsive) Afidawtelisefperiomine: will need top provide documentation ofs similar projects inscope, scale and  cost)  Within 72 hoursor3 31 business days after notification of being the apparent low bidder who iss subcontracting anything must  provide thei following information:  Affidavit C(ifa aspirational goals are met or are exceeded)  OR  Affidavit D( (ifaspirational goals are! notr met)  After award of contract and prior toi issuance of notice top proceed: Letter(s) of  Intent or Executed Contracts made to MWBE subcontractors.  **With each pay request, the prime contractors wills submit thel Proof of Payment Certification, listing payments ***Ifac change is neededi in MWBE Participation, submit al Request to Change MWBE Participation Form. Good Faith  Efforts to substitute with another MWBE contractor must be demonstrated.  Minimum Compliance Requirements:  All written statements, affidavits, ori intentions made byt the Bidder shall become a part of the agreement between the Contractor and the City for performance of contracts. Failure to comply with any of these statements, affidavits or intentions or with the minority business guidelines shall constitute a breach of the contract. At finding by the Cityt that any information submitted (either prior to award of the contract or during the performance of the contract) is inaccurate, false, ori incomplete, shall also constitute al breach oft the contract. Any such! breach may result int termination of the contract in accordance with thet termination provisions contained int the contract. Its shall be solely at the option of the City whether tot terminate the contract for breach or not. In determining whether ac contractor has made Good Faith Efforts, the CITY will evaluate all efforts made byt the Contractor and will determine compliance in regard to quantity,  intensity, and results of these efforts. MBForms 2002- Revised. July 2010 Updated 2019  DOC#586829  241    Attacht tol Bid Attach tol Bid Attacht tol Bid Attacht tol Bid Attach tol Bid Attacht tol Bid Attacht tol Bid Attacht tol Bid  Identification of Minority/Women Business Participation  (Name of Bidder)  dol hereby certify that on this project, we will use thef following minority/women business enterprises as construction  subcontractors, vendors, suppliers or providers of professional services.  Firm Name, Address and Phone #  Work type  *MWBE Category  *MWBE categories: Black, African American (B), Hispanic, Latino (L), Asian American (A) American Indian (1),  Female (F) Socially and Economically Disadvantaged (S) Disabled (D) Ifyou willr not! be utilizing MWBE contractors, please certifyl bye entering: zero" "O"  The total value of MBE business contracting willl be ($)_ The total value of WBE business contracting willl be ($).  MBForms 2002- Revised. July 2010 Updated 2019  242    Attacht tol Bid Attach tol Bid Attach tol Bid Attacht tol Bid Attacht tol Bid Attacht tol Bid Attacht tol Bid Attacht tol Bid  City of Greenville AFFIDAVIT A- Listing of Good Faith Efforts  County of Affidavit of  (Name ofE Bidder)  Ihave made a good faith effort to comply under the following areas checked:  Bidders must earn at least 50 points from the good faith efforts listed for their bid to be 1-(10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed. 2-(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due. 3-(15 pts) Broken down or combined elements of work into economically feasible units tot facilitate minority 4-(10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in  considered responsive. (1NC Administrative Code 30 1.0101)  participation.  recruitment of minority businesses. ori insurance for subcontractors.  5-(10 pts) Attended prebid meetings scheduled by the public owner.  6-(20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding 7-(15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on 8-(25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, orj joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit thati is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the 9-(20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when 10- (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority/Women Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach oft the contract. The undersigned hereby certifies that he or she has read thet terms of the minority/women business commitment and is authorized to bind the bidder to the commitment herein set forth.  lack of qualification should have the reasons documented in writing.  bidder's suppliers in order to help minority businesses in establishing credit.  possible.  meet cash-flow demands.  Date:  Name of Authorized Officer:  Signature: Title: County of  SEAL  State of Subscribed and sworn tol before me this Notary Public_ My commission expires  day of  20  243    Attacht tol Bid Attach tol Bid Attacht tol Bid Attacht tol Bid Attacht tol Bid Attacht tol Bid Attacht tol Bid Attacht tol Bid  City of Greenville -AFFIDAVIT B-- Intent to Perform  Contract twith Own Workforce.  County of Affidavit of  (Name of Bidder)  Ihereby certify that iti is our intent to perform 100% of the work required for the  contract.  (Name of Project)  Inr making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and The Bidder agrees to provide any additional information or documentation requested by the owneri in The undersigned hereby certifies that he or she has read this certification and is authorized to bind the  support of the above statement.  Bidder to the commitments herein contained.  Date:  Name of Authorized Officer:  Signature: Title:  SEAL  State of Subscribed and sworn to before me this Notary Public My commission expires_  County of  day of  20  244    Dor nots submit with! bid  Dor nots submit with bid Donots submit with bid Doi nots submit with bid  City of Greenville AFFIDAVIT C- Portion of the Work to be  Performed by MWBE Firms  County of.  (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.) Ift the portion oft the work tol be executed by MWBE businesses as defined in GS143-128.2lg) and the COG/CITY MWBE Plan sec. III is equal to or greater than 16% of the bidders total contract price, then the bidder must complete this affidavit. This affidavit shall be provided by the apparent lowest responsible, responsive bidder  Affidavit of  Idol hereby certify that on the  (Name of Bidder) (Project Name)  Project ID#  Amount of Bid $  Iwill expend a minimum of firms listed below. Name and Phone Number  % of the total dollar amount of the contract with minority  business enterprises and a minimum of % of the total dollar amount of the contract with women business enterprises. Minority/women businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted toi thei following  Attach additional sheets ifr required *MWBE Category  Work description Dollar Value  *Minority categories: Black, African American (B), Hispanic or Latino (L), Asian American (A) American Indian (1), Pursuant to GS143-128.2(d), the undersigned will enter into ai formal agreement with MWBE Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.  Female (F) Socially and Economically Disadvantaged (S) Disabled (D)  Date:  Name of Authorized Officer:  Signature: Title:  SEAL  State of Subscribed and sworn to before me this Notary Public_ My commission expires  County of  day of  20_  245    Dor nots submit withl bid Donots submit withl bid Donots submit withl bid Donot submit withl bid  CityofGreenville AFFIDAVIT D- Good Faith Efforts  County of  (Note thist formi ist tol be: submitted onlyl byt thea apparent psMA.p.tSSA Ift the goal of 16% participation byminority/women business isnot achieved, the Bidder shall provide the  following documentation to the Owner of his good faith efforts:  Affidavit of certify that on the Project ID#  Idol hereby  (Name of Bidder) (Project Name)  Amount of Bid $  Iwill expend a minimum of  % of the total dollar amount oft the contract with  minority business enterprises and a minimum of  % of the total dollar amount of the  contract with women business enterprises. Minority/women businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such  work will be subcontracted to the following firms listed below.  (Attach additional sheetsi ifrequired) Work description  Name and Phone Number  *MWBE Category  Dollar Value  *Minority categories: Black, African American (B), Hispanic orl Latino (L), Asian American (A) American Examples of documentation: required to demonstrate: the Bidder's goodi faithe effortst to meet the goals seti forthi in A. Copies of solicitations for quotes to atl least three (3) minority business firms from the source list provided by the Statei for each subcontract to be let under this contract (if3 3 or more firms are shown ont the source list). Each solicitation shall contain as specific description of the work to be subcontracted, location where bid documents can be reviewed, representative oft the Prime Bidder to contact, and location, date and time when quotes must be  Indian (1),Female (F) Socially and Economically Disadvantaged (S) Disabled (D)  these provisions include, but are not necessarily limitedt to, thef following:  received.  B. Copies of quotes or responses received from eachi firm responding to the solicitation. C.At telephone log ofi follow-up calls to eachf firms sent a solicitation. quotes received from alli firms submitting quotes for that particular subcontract.  D.F For subcontracts where a minority business firmi is not considered the lowest responsible sub-bidder, copies of E. Documentation of any contacts or correspondence tor minority business, community, or contractor organizations G. Letter documenting efforts to provide assistance in obtaining required bonding ori insurance for minority business. LLetter documenting proposed assistance offered to minority business ini need ofe equipment, loan capital, lines of credit, orj joint pay agreements to secure loans, supplies, or letter ofc credit, including waiving credit thati is Failure to provide the documentation as listedi int these provisions may resulti in rejection of the bid and award tot the  ina an attempt to meet the goal. F.Copy of pre-bid roster.  H.L Letter detailing reasons for rejection of minority business due tol lack of qualification.  ordinarily required.  246    Dor nots submit with! bid  Dor nots submit with bid Doi not submit with bid Doi nots submit with bid  Pursuant to GS143-128.2d), the undersigned will enter into a formal agreement with MWBE Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute al breach of the contract. The undersigned hereby certifies that he or she has read the terms of this commitment and  isa authorized to bind the bidder to the commitment herein set forth.  Date:  Name of Authorized Officer:  Signature: Title:  State of Subscribed and sworn to before me this Notary Public_ My commission expires  County of  SEAL  day of  20  247    Dor nots submit with! bid  Dor nots submit with! bid Doi not submit with bid Doi nots submit with bid  LETTER OF INTENT MWBE Subcontractor Performance  Pleases S submit this form or executedsubcontracts with MWBE firms after award of contract and prior to issuance of notice to proceed.  PROJECT: TO:  (Project Name)  (Name ofPrime Bidder/Architect)  The undersigned intends to perform work in connection with the above project as a:  Minority Business Enterprise  Women Business Enterprise  Thel MWBE status ofthe undersigned is certified the NC Office ofHistorically  Underutilized Businesses (required). _Yes  No  The undersigned is prepared to perform the following described work or provide materials or services in connection with the above project at the following dollar amount:  WorkMateriakservise Provided  Dollar Amount of Contract  Projected Start Date  Projected End Date  (Date)  (Address)  (Name & Phone No. ofMWBE! Firm)  (Name & Title of Authorized epresemtativeorMwB)  (Signature of Authorized. RepresemativeofMwB)  248    Don nots submit with bid Donots submit with! bid Donots submit with bid Donots submit with bid REQUESTTOCHANGE MWBE PARTICIPATION (Submit changes onlyifnotified as apparentlowest bidder,continuing  through project completion)  Project:  Bidder or Prime Contractor:  Name & Title of Authorized Representative:  Address: Email Address:  Phone #:  Tota/ContractAmount (including approved change orders or amendments):S  249    Name ofs subcontractor: Good or service provided: Proposed Action: Replace subcontractor Perform work with own forces  For the above actions, you must provide one oft the following reasons (Please check applicable  reason):  The listed MBE/WBE, after having had ai reasonable opportunity to do sO, fails or refuses to  execute a written contract.  The listed MBE/WBE is bankrupt ori insolvent.  The listed MBE/WBE fails ori refuses to perform his/hers subcontract or furnish the listed  materials.  _The work performed by the listed subcontractor is unsatisfactory according to industry standards and is not in accordance with the plans and specifications; or the subcontractoris  substantially delaying or disrupting the progress ofthe work.  250    Don nots submit with bid Donots submit with bid Doi nots submit with bid Donots submit with bid  Ifreplacing subcontractor: Name ofreplacement subcontractor: Businesses (required). Yes Dollar amount ofo original contracts $ Dollar amount ofamended contract $ Other Proposed Action:  The. MWBE status ofthe contractor is certified by thel NC Office ofHbtorialyUnderutlad  No  Increase totaldollar amount ofwork Decreasetotaldolar amount ofwork Please describereason: for requested action:  Add Additonalsubcontractor  Other  Vataatinhoman Businesses (required). Yes No  Thel MWBE status ofthe contractori is certified bytheNC Office fistonalyUmderutlses  *Please attach. Letter ofIntent or executed contract document  Dollar amount oforiginal contract $ Dollar amount ofamended contracts $  Interoffice Use Only: Approval I_Y_N Date_ Signature  251    Vendor Name: FASCO, Inc. Vendor Number:  Contract #  Dor not submit withl bid Dor not submit withl bid Dor not submit withl bid Doi not submit with bid Pay Application No.  Purchase Order No.  Proofof] Payment Certification MWBE Contractors, Suppliers, Service Providers  Project Name: Prime Contractor:  Current Contract Amount (including change orders): $ Requested Payment Amount for this Period: $ Is this the final payment? Yes No  Firm Name  MWBE Category*  TotalAmount Paid from this Pay Request  Total Contract Amount (including changes)  TotalAmo Remaining  *Minority categories: Black, African American (B), Hispanic or Latino (L), Asian American (A) American Indian (), Female (F)  Socially and Economically Disadvantaged (S) Disabled (D)  Date:  Certified By:  Name Title Signature  Greenfield Terrace Park Improvements    Vendor Name: FASCO Inc. Vendor Number:  Contract #  1100 DRESSER COURT RALEIGH, NC27609 9194 028-23011 TEL 919128-2301FAX HH-ARCH.COM  HH ARCHITECTURE  ADDENDUM #1 05/02/2024 Project Name: Owner: HH Project #: From: To:  Greenfield Terrace Park Improvements City of Greenville Recreation and Parks  22-061 HH Architecture Joanna Thomas thomas@hharch.com All plan holders  Message: Bidders are hereby informed that the following additions, deletions, changes and clarifications supersede and supplement the Contract Documents for the above referenced project. It forms a part of the previously issued documents dated This addendum may include revised pages and drawings, which shall be inserted before the corresponding page or drawings in the previously issued documents.  04/05/2024.  REVISIONS TO SPECIFICATIONS  1. Revision to Section 087100 "Door Hardware" to include surface vertical rods 2. Revision to Section 087100 "Door Hardware" to include note cylinder dogging 3. Revision to Section 000007 "Standard Form of Agreement Between Owner and Contractor" to note the 224 day project duration and $1,000 per day  in lieu of rim panic devices on hardware sets 5 and 6.  on all devices. liquidated damages. CLARIFICATIONS  1. The meeting minutes from the pre-bid conference, including the sign-in sheet and question/answer records are included as part of this addendum.  Greenfield' Terrace Park Improvements  253    Vendor Name: FASCO Inc. Vendor Number:  Contract #  2. Question received regarding LVT-1: The Basis of Design, Mannington product is a 5.0 mm thick/20 mil wear layer product. The Mohawk equal 1 is a2.5 mm thick/20 mil wear layer product and the Interface equal 2 is a 4.5 mm/20 mil. Pricing will vary based on the construction of the Mannington and Interface products differing from the Mohawk product (thickness differences. Mannington has a product in the exact same color that is in their standard Spacia product line which is the exact same as the specifications for the Mohawk piece. Is the intent for the LVT products to meet the 2.5mm thickness or the 4.5/5mm thickness? If itis the 2.5mm thickness, is pricing the standard Spacia product from  Mannington acceptable?  a. Answer: Yes, the 2.5 mm product from Mannington is acceptable.  END OF ADDENDUM #1  Greenfield' Terrace Park Improvements  254    Vendor Name: FASCO Inc. Vendor Number:  Contract #  1100 DRESSER COURT RALEIGH, NC: 27609 919020-23011 TEL 919128-2303FAX HH-ARCH.COM  HH ARCHITECTURE  ADDENDUM #2 05/06/2024 Project Name: Owner: HH Project #: From: To:  Greenfield Terrace Park Improvements City of Greenville Recreation and Parks  22-061 HH Architecture Joanna Thomas shomas@h-arch.com All plan holders  Message: Bidders are hereby informed that the following additions, deletions, changes and clarifications supersede and supplement the Contract Documents for the above referenced project. It forms a part of the previously issued documents dated This addendum may include revised pages and drawings, which shall be inserted before the corresponding page or drawings in the previously issued documents.  04/05/2024.  REVISIONS TO SPECIFICATIONS  1. Add Divisions 22, 23,26,27,: 28, 31, 32, and 33 to project specifications.  REVISIONS TO DRAWINGS  1. Revision to sheet A520 to correct keynotes for toilet accessories.  CLARIFICATIONS  1. Because of the revisions to specifications, the new deadline for all RFIs is May 8  @9 am. No questions will be addressed after this time. 2. The final addenda will be issued before May 8 @ 6 pm.  3. The final bid date will not change. END OF ADDENDUM #2  Greenfield' Terrace Park Improvements  255    Vendor Name: FASCO Inc. Vendor Number:  Contract #  1100 DRESSER COURT RALEIGH, NC2 27609 9191 828-23011 TEL 919128-2302FAX HH-ARCH.COM  HH ARCHITECTURE  ADDENDUM #3 05/08/2024 Project Name: Owner: HH Project #: From: To:  Greenfield Terrace Park Improvements City of Greenville Recreation and Parks  22-061 HH Architecture Joanna Thomas thomas@hhrarch.com All plan holders  Message: Bidders are hereby informed that the following additions, deletions, changes and clarifications supersede and supplement the Contract Documents for the above referenced project. It forms a part of the previously issued documents dated This addendum may include revised pages and drawings, which shall be inserted before the corresponding page or drawings in the previously issued documents.  04/05/2024.  REVISIONS TO SPECIFICATIONS  1. Add Section 092900 "Gypsum Board" to project manual. 2. Add Section 092216 Non-Structural. Metal Framing" to project manual. 1. Question received: On Alternate 4, are the rooms and exterior going to be painted? The exterior wood ceiling and wood columns have never been painted. The CMU and fascia board and wood siding have been painted. a. Answer: Alternate 4 is to include painting of the exterior CMU, fascia, 2. Question received: Is there seeding or sodding on this project? a. Answer: Per sheet C3.0, note 9"All graded areas are to receive seed orsod." Owner preference is to seed all graded areas.  CLARIFICATIONS  siding, and exterior hollow metal doors.  3. Additional information pertaining to Alternate 2 is attached to this addenda.  END OF ADDENDUM #3  Greenfield' Terrace Park Improvements  256    Vendor Name: FASCO Inc. Vendor Number:  Contract #  Exhibit B  Contractor's Proposal  Greenfield' Terrace Park Improvements  257    Vendor Name: FASCO Inc. Vendor Number:  Contract #  SUBMIT PROPOSALS IN CARE OF: Recreation and Parks Department City of Greenville 2000Cedarl Lane Greenville, NC 27858 (252)329-4242 BIDDERSFIRMNAME, DATE: 55/3024  EAsto,tne.  PROPOSAL: Greenfield Terrace Park Improvements  The Undersigned, as Bidder, hereby declares that only person or persons interested in this proposal as principals or principals is or are named herein and that no other persons than herein mentioned has any interest in this proposal or int the contract to be entered, that this proposal is made without connection with any other person, company or parties making al bid or proposal; and that iti isi in all respect fair and in good The bidder further declares that hel has examined the site ofthe work and informed himselffi fully in regard to all conditions pertaining to thej place where the work is to be done; that he has examined the specifications for the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening ofbids, that he has satisfied himself relative to the work to be performed. Materials to be furnished shall bei in compliance with standard specifications and special provisions. CONTRACTOR'S responsibility shall continue uninterrupted until expiration ofthe warranty period as stated ini the specifications after completion of the work. The owner (City of Greenville) reserves the right to select any or all of the alternates and to increase or decrease the total contract amount utilizing the The Bidder agrees, if his proposal is accepted, to contract with the City of Greenville, 101 City Hall Plaza, Greenville, NC27701, int the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete within the time allotted as specified, the General Construction work on the Owner's property, in complete accordance with the Plans, Specifications, and Contract Documents bearing the title Greenfield Terrace Park Improvements, with a definite understanding that no money will be allowed for extra work except  faith without collusion or fraud.  unit prices supplied by the CONTRACTOR in the bid form.  as set forth in the Contract Documents for the sums as follows:  Base Bid:  Rekandpot  1,176,00000 (  nu HA ngaedollars  Greenfield Terrace Park Improvements  258    Vendor Name: FASCO Inc. Vendor Number:  Contract #  ADDENDA  The following addenda are acknowledged as having been received and noted, the provisions for which are included in the proposal(s). Failure to acknowledge receipt ofany addenda will  subject the bidder to disqualification. CONTRACTOR to sign.  Addendum No. 1: HA Addendum No. 2: bk /I Na3 mmyA ALTERNATES  Should any of the alternates as described in the contract documents be accepted, the amount  written below shall be the amount to be "added to" the base bid.  Altemate No. t'goaee Altemate No. 2: +39,5000 Altemate No. 3+ 12,000.0D Altemate No. 4: +6,000.p Altemate No. 5t 3ljc00.00  UNITPRICES  Unit prices quoted and accepted shall apply throughout the life oft the contract, except as otherwise specifically noted. Unit prices shall be applied, as appropriate, to compute the total value of changes in the base bid quantity of the work alli in accordance with the contract  documents. GENERAL CONTRACT:  No.1 Unit Price ($) $2.A0/sf Wthek- No.2 Unit Price ($) 444.00 ley No.3 Unit) Price (S) 4 NoBID  REOUIRED FORMS CONTRACTOR to sign. MBE/WBE! Form(s):  The following forms have been completed by the CONTRACTOR and are attached hereto.  Refer tot the Instructions section found onj page 3 of the MBE/WBE Forms int thel Project Manual.  Greenfield' Terrace Park Improvements  259    Vendor Name: FASCO Inc. Vendor Number:  Contract #  Bid Bond for City of Greenville:  Refer to the Bidi Bond forms found ini the Project Manual. Use these) forms only.  Respectfully submitted this_ 54b  2024.  Signature:  7Bs  A  Title:, Bresident Firm: FAsco,Ine Address: Pobox 1697  Kinston MC. 28543  Licensel No c9  Expiration Date: Dec.31,2024  CORPORATE SEAL 1975  Greenfield Terrace Park Improvements  260    Vendor Name: FASCO Inc. Vendor Number:  Contract #  Attachto! Bid Attacht toBid Attachto Bid Attachi 10E Bid Attacht tol Bid Attach toE Bid Attachto Bid Attach tol Bid City of Greenville AFFIDAVIT A-Listing of Good Faith Efforts  County of Lehoir Affidavit of FASCo,IA  (Name ofBidder)  Ihave made as good faith effort to comply under the following areas checked:  Bidders must earn at least 50 points from the good faith efforts listed for their bid to be 4 1-(10 pts) Contactedi minority businesses that reasonably could have beene expected to submit a quote and that werek known tot the contractor, or available on State orl local government maintained lists, atl least 10 days before thel bid date and notified them of the nature and scope oft the work to be performed. 2-(10 pts)! Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents tot them atl least 10 days before the bids are due. Q3-(15 pts) Broken down or combined elements of worki into economically feasible units tot facilitate minority J 4-(10 pts)) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in 06-( (20 pts) Provided assistance in getting required bonding or insurance or provided altematives to bonding 7-(15, pts) Negotiated ing goodf faith with interested minority businesses and did notr reject them as unqualified without sound reasons based ont their capabilities. Any rejection ofar minority business based on O8-(25 pts) Provided assistance to an otherwise qualified minority business in need ofe equipment, loan capital, lines of credit, orj joint pay agreements tos secure loans, supplies, or letters of credit, including waiving credit thati is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the 9-( (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in ordert to increase opportunities for minority business participation on ap public construction or repair project when 10- (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to The undersigned, ifa apparent low! bidder, wille enter into af formal agreement with the firms listed int the Identification of Minority/Women Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must bei in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute al breach of the contract. The undersigned hereby certifies that he or she has read thet terms of the minority/women business commitment andi is authorized to bind the bidder to the commitment herein set forth. ate ASWASAN Name of Authorized Oficer H&eansylL  considered responsive. (1NC Administrative Code 301 1.0101)  participation.  recruitment ofr minority businesses. ori insurance for subcontractors.  4 5-( (10 pts) Attended prebid meetings scheduled by the public owner.  lack of qualification should have the reasons documented iny writing. biddel's suppliers inc order tol help minority businesses ine establishing credit.  possible. meet cash-flow demands.  N fpt MOIR mm @ MBForms 2002- Revised. July 2010 Updated 2019  Signature: 7AL -  Tile_Besident Countyof_ Lenoii  State of No  Subscribed and sworn to before me this S-dayof May 202Y  Notary Pabiebukae Aomeit My commission expires. 10/20/2626  Greenfield Terrace Park Improvements  261    Vendor Name: FASCO Inc. Vendor Number:  Contract #  Attacht toB Bid AttachioE Bid Attachto Bid AttachtoE Bid Attachto Bid AttachtoBid Attach toBid Attach to Bid  Identification of Minority/Women Business Participation  EHsco,In  (Name ofE Bidder)  dol hereby certify that on this project, we will uset the following minority/women business enterprises as construction subcontractors, vendors, suppliers or providers of professional services.  Firm Name, Address and Phone #  Work type  *MWBE Category  *MWBE categories: Black, African American (B), Hispanic, Latino (L). Asian American (A) American Indian (1), Ifyouy will not be utilizing MWBE contractors, please certify by entering zero "0"  Female (F) Socially and Economically Disadvantaged (S) Disabled (D)  The total value of MBE business contracting will be ($) o The total value of WBE business contracting will be ($). 0  MBForms 2002- Revised July 2010 Updated 2019  Greenfield' Terrace Park Improvements  262    Vendor Name: FASCO Inc. Vendor Number:  Contract #  BIDI BOND fort the City of Greenville  Contract name and number or other description of the Contract: Greenfield Terrace Parki Improvements,  Greenville, NC  Name of Bidder: FASCO, Inc.  Name, address, and telephone number of Surety's N. C. Resident Agent: Tyler Turnbull  11405 N. Community House Rd., Suite 280 Charlotte, NC: 28277 Ph# 704-208-4884  Telephone number of Surety's home office: 405-752-2600  Surety is a corporation organized and existing pursuant to the laws oft the State of: Minnesota  Amount of this bond: check (a) or (b):  (a) (wnite or lype the amount in words andi figures) All numbers int this section are inU. S. dollars.  (S  x_(b) five percent oft the amount oft theproposal  Bond number: N/A- Bid Bond Date of execution of this bond: May 15, 2024  Obligee: CITY OF GREENVILLE, al North Carolina municipal corporation.  KNOWALL PERSONS BY THESE PRESENTS, that the Surety executing this bond, which Surety is duly licensed to act as surety in! North Carolina, is held and firmly bound untot the City of Greenville, Obligee, int thep penal sum oft the amount stated above, for thep payment ofv which sum, well and truly to be made, the Surety binds itself and its successors and assigns, jointly and severally, by these presents. Whereas the Bidder is herewith submitting ap proposal for the Contract referred to above, andt the Bidder desires tof file this Bid Bondi inl lieu of making the cash deposit pursuant to G.S. 143-129; NOW THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that ift the Bidder shall be awarded the contract for which the bondi is submitted, and shall, within ten days after the award is made, execute and deliver to the Obligee the contract and give satisfactory surety as required by G.S. 143-129, then this shall be null and void, otherwise to remain inf full force and virtue; and ifthe Bidder fails or refuses obligation to so execute and deliver said contract or give said satisfactory surety, the Surety shall upon demand forthwith pay tot the Obligee the full penal sum oft this bond. The Surety waives alle extensions oft time, and notice ofe extensions oft time, for thec opening of proposals andf for the modification, award, execution, and delivery oft the contract. IN WITNESS WHEREOF, the Surety has executed this instrument under its seal as oft the date of execution indicated above, pursuant to authority ofi its governing body.  Granite Re, Inc. (name of Surety)  72m  Tyler Turnbull (signature of Surely's attorney in Tact)  (Affix Surety's corporate seal)  (Instructions lo Surety: lfy your use a raised corporate seal, press hard enough to make it legible.)  Greenfield' Terrace Park Improvements  263    Vendor Name: FASCO Inc. Vendor Number:  Contract #  ACKNOWLEDGMENT OF SURETY'S EXECUTION OF BID BOND  State of South Carolina LE Beverly Boyd Ivey certify that_ Tyler Tumbull Granite Re, Inc.  County of York  a notary public in and for said county andstate,  personally appeared before me  this day and acknowledged that he or she is Attorney in Fact for  the  Surety named in the foregoing Bid Bond, in which bond the Obligee is the City of Greenville, and that he or she executed said bond, under the seal of the Surety, on behalf oft the Surety.  This the_ 15th day of_ May My commission expires: September 9, 2031  2024  Paullepnlr Beverly Boyd Ivey Notary Public'  Greenfield Terrace Park Improvements  264    Vendor Name: FASCO Inc. Vendor Number:  Contract #  GRANITE RE, INC. GENERAL POWER OF ATTORNEY  Know alll Men by these Presents:  That GRANITE RE, INC., a corporation organized and existing under the laws oft the State of MINNESOTA and having its principal office at the TYLER TURNBULL: SCOTT PELIN; MATTHEW ROSE: BRETT BRANTON: BEVERLY IVEY: BRENDAN COALE: DELLA CASE its true and lawful Attorney-in-Factts Tos signi its name as surety to, and to execute, seal and acknowiedge any and all bonds, andt tor respectively doa and perform any and all acts and things set forth int the resolution oft the Board of Directors oft the said GRANITE RE, INC. a certified copy ofv which is hereto annexed and madea a part oft this Power ofA Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the TYLER TURNBULL: SCOTTI PELIN: MATTHEW ROSE: BRETT BRANTON: BEVERLY IVEY: BRENDAN COALE: DELLA CASE may lawfully doi in the premises by virtue In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by thes signatures  City of OKLAHOMA CITY in the State of OKLAHOMA does herebyo constitute and appoint:  fort the following purposes, tov wit:  said: oft these presents.  ofits President and Assistant Secretary, this 31 day ofj July, 2023.  Sst Kenneth D. Whittington, President KIMM KyleP. McDonald, Assistant Secretary  STATE OF OKLAHOMA ) COUNTY OF OKLAHOMA )  $S:  On this 31" day ofJ July, 2023, before me personally came Kenneth D. Whittington, President oft the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom lamy personally acquainted, who being by me severally duly sworn. said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC.. the corporation described ina and which executed the foregoing Power ofA Attorney: that they each knew thes seal ofs said carporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was 5o fixed by order oft the Board of Directors of said corporation. and that they  their namet thereto by! like order as President and/ Assistant Secretary, respectively. oft the Company.  signed  My Commission Expires: April 21,2027 Commission #: 11003620  Bisyldud  Notary Public  GRANITE RE, INC. Certificate  THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution isat true and correct excerpt from the July 15, 1987, minutes oft the meeting oft the Board of Directors of Granite Re, Inc. and that "RESOLVED, that the President, any Vice President, the Assistant Secretary. and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-lact or under other appropriate titles with authority t0 execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course ofi its business. On any instrument evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any making bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed ori in any other manner reproduced; provided,  said Power of Attorney' has not been revoked andi is nowi in fullf force and effect.  or  however, that thes seal shall not ber necessaryt to the validity of any such instrument or undertaking." INWITNESS WHEREOF, the undersigned hass subscribed this Certificate and affixed the corporate seal oft the Corporation this  15th day of. May  2024  KyleP. SEMAN McDonald, Assistant Secretary  R0800-1  Greenfield Terrace Park Improvements  265    Vendor Name: FASCO Inc. Vendor Number:  Contract #  Greenfield Terrace Park Improvements  266    Vendor Name: FASCO Inc. Vendor Number: ExhibitC Appendices A&E. "contractor"): agrees as follows:  Contract #  Title VIoft the Civil Rights Act of 1964 Nondiserimination' Provisions, During thej performance oft this contract, the contractor, fori itself, its assignees, ands successorsi ini interest (hereinafter referred toa ast the 1)Compliance withl Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and thel Regulations relativet to Nondiscrimination: inl Federally-assisted, programs oft the U.S. Department ofTransportation' (USDOT), ast they may be amended from time tot time, which arel hereini incorporated by reference andi made aj part oft this (2) Nondiscrimination: The contractor, with regard tot the work performed byi it during the contract, will not discriminate ont the grounds ofr race, color, national origin, sex, age, creed (religion), low-income, limited English proficiency, or disability in thes selection andi retention of subcontractors, including procurements ofr materials andl leases of equipment. The contractor will not participate directly ori indirectly int the discrimination; prohibited by the Acts andt thel Regulations, including employment practices whent the contract covers any activity, project, or program setf forthi in Appendix Bo of4 490 CFRI Part21. (3) Solicitations for Subcontractors, Includingl Procurements of Materials and Equipment: In: alls solicitations, either by competitive bidding, ori negotiationi made by the contractor for work tob bej performed undera a subcontract, including procurements ofr materials, orl leases of equipment, each potential subcontractor or supplier willl ber notified by the contractor oft the contractor's obligations under this contract andt the Acts andt thel Regulations relative tol Nondiscrimination: ont the grounds ofr race, (4)1 Information: andl Reports: The contractor will provide all information: andi reports required by the Acts, thel Regulations, and directives issued pursuant thereto and willj permit access toi its books, records, accounts, other sources ofi information, andi its facilities as1 may bed determined by thel Recipient ort the USDOT tol bep pertinent toa ascertain compliance withs such Acts, Regulations, and instructions. Wherea any informationi required ofac contractori is int the exclusive possession of another whot fails or refuses tof furnish thei information, the contractor will soc certifyt tot thel Recipient ort the USDOT, as appropriate, and wills set forth what effortsi itl has made toc obtaint thei information. (5)S Sanctions for Noncompliance: In the event ofa contractor's noncompliance with thel Non-discrimination) provisions oft this contract, thel Recipient willi impose such contract sanctions asi ito ort thel USDOT may determinet tol be appropriate, including, but notl limitedt to: (a) withholding payments to the contractor under the contract until the contractor complies; and/or (b) cancelling, terminating, or suspending a contract, in whole ori in part. (6)1 Incorporation ofF Provisions: The contractor willi include the provisions ofp paragraphs one through sixi ine every subcontract, including procurements ofr materials andl leases ofe equipment, unless exempt by the Acts, thel Regulations and directives issued pursuant thereto." The contractor willt take action with respect to any subcontract or procurement ast thel Recipient ort the USDOTI may direct as ai means ofe enforcing such provisions including sanctions forr noncompliance. Provided, thati ifthe contractor becomes involvedi in, ori ist threatened withl litigation bya subcontractor, or supplier because ofs such direction, the contractor may requestt thel Recipient to enteri into any litigation toj protectt thei interests of thel Recipient. Ina addition, thec contractor may requestt thel United States to enter into thel litigation top protectt thei interests oft thel United States.  Duringt thep performance oft this contract, the contractor, fori itself,i its assignees, ands successors ini interest (hereinafter referred to ast the "contractor"): agrees to comply with thef following nondiscrimination statutes and authorities; including but notl limited to: Pertinent Nondiscrimination. Authorities Title VI oft the Civill Rights Act of 1964 (42 U.S.C. $2 2000d et seq., 78 stat. 252), (prohibits discrimination ont the basis ofr race, color, national origin); and 49CFRI Part21. The Uniform Relocation. Assistance: andl Reall Property. Acquisition Policies Act of1 1970, (42 U.S.C. $4 4601), (prohibits unfair treatment ofp persons displaced or whose property has been acquired because ofF Federal orl Federal-aid programs andj projects); Federal-Aid. Highway. Act of 1973, (23U.S.C. $324 ets seq.), (prohibits discrimination ont thel basis ofs sex); Section 504 oft the Rehabilitation. Act of1 1973, (29U.S.C. $7 7946 et seq.), as amended, (prohibits discrimination ont thel basis of disability); and 490 CFR Part 27; The Agel Discrimination. Act of1 1975, as amended, (42 U.S.C.S 6101 ets seq.), (prohibits discrimination on thel basis ofa age); Airport and Airway Improvement. Acto of 1982, (491 USCS $471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, ors sex); The Civill Rights Restoration. Act of 1987, (PLI 100-209), (Broadened thes scope, coverage and applicability of1 Title VIofthe Civil Rights Acto of1 1964,1 The. Discrimination. Acto of 1975 and Section 504 oft thel Rehabilitation Act of1 1973, by expanding the definition oft thet terms' "programs or activities" toi include: all oft the programs or activities oft thel Federal-aidi and contractors, whether suchj programs or activities arel Federally fundedo or not); Titles IIa and] III of the Americans withl Disabilities Act, which prohibit discrimination ont the basis ofd disability int the operation of public entities, public andj private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C.SS 12131-12189): asi implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Thel Federal Aviation. Administration's) Nondiscrimination: statute (491 U.S.C. $4 47123) (prohibits discrimination on thel basis ofrace, color, national origin, and sex); Executive Order 12898, Federal. Actions to Address Environmental Justicei in! Minority Populations and Low-Income Populations, whiche ensures Nondiscrimination: against minority populations by discouraging programs, policies, and activities with disproportionately. high and adversel human! health or environmental effects oni minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons withl Limited! English Proficiency, andi resulting agency guidance, national origin discrimination: includes discrimination because of Limited Englishj proficiency (LEP). To ensure compliance with" Title VI, your must take reasonable steps toe ensure that LEP persons have meaningful access toy your programs (701 Fed. Reg. at7 74087t to Titlel IX oft thel Education. Amendments of 1972, asa amended, which prohibits you from discriminating because ofs sex ine education programs or activities (200.S.C. 1681 et seq); Federal transit laws, specifically 491 U.S.C. $5332 (prohibiting discrimination! based onr race, color, religion, national origin, sex (including genderi identity), disability, age, employment, orb business  contract.  Agel  color, or national origin.  recipients, sub-recipients  74100);  opportunity).  267  Greenfield Terrace Park Improvements    Vendor Name: FASCO Inc. Vendor Number:  Contract #  Exhibit C  CORONAVIRUSSTATEANDLOCALFISCALRECOVERY FUNDSADDENDUM This CORONAVIRUSS STATE. ANDI LOCAL FISCAL: RECOVERY FUNDS. ADDENDUM (this "Addendum") is entered into by and between FASCO Inc. ("Contractor"), and The City of Greenville ("City"), and forms an integral part ofthe Contract (as defined in SectionIh hereof).  RECITALS  WHEREAS, Unit has received, either as a Recipient or Subrecipient (as each such term is defined in Section] II hereof) aj payment fromt the Coronavirus Statel Fiscal Recovery Fund( ("State Fiscall Recovery Fund") or Coronavirus Local Fiscal Recovery Fund( ("Local Fiscal Recovery Fund" and, together with the State Fiscal Recovery Fund, the' "Fiscal Recovery Funds") established pursuant to Sections 602 and 603, respectively, of the Social Security Act, as added by Section 9901 oft the American Rescue Plan Act of 2021, Pub. L. No.  117-2('ARPA"); and  WHEREAS, Unit intends toj pay, inj part or in whole, for the cost ofthe Contract (as defined in Section WHEREAS, in using such funds, Unit must comply with the terms of ARPA, regulations issued by the U.S. Department oft the Treasury ("Treasury") governing the expenditure ofmonies distributed from the Fiscal Recovery Funds (including, without limitation, the Interim Final Rule (861 Fed. Reg. 26,786 (May 17, 2021)andi Final Rule (871 Fed. Reg. 4,338 (Jan. 27,2022)), the Award Terms and Conditions applicable to the Fiscal Recovery Funds, and such other guidance as Treasury has issued or may issue governing the expenditure of monies distributed from the Fiscal Recovery Funds (collectively, the Regulatory WHEREAS, pursuant to the Regulatory Requirements, Unit must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2C.F.R. Part 200, other than such provisions as Treasury has determined or may determine are inapplicable to the Fiscal WHEREAS, pursuant to 2 C.F.R. $ 200.327, Unit must include within the Contract applicable provisions described in Appendix II to2C.F.R. Part 200, each ofv which is contained in this Addendum; and WHEREAS, Unit shall not enter into the Contract or make any distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to each term and  Ihereof) using monies received from the Fiscal Recovery Funds; and  Requirements");and  Recovery Funds; and  condition contained herein.  NOW THEREFORE, Contractor and Unit do mutually agree as follows:  AGREEMENTS  Definitions  A. Unless otherwise defined in this Addendum, capitalized terms used int this Addendum shall have the 1." "ARPA" shall mean the American Rescue Plan Act of2021, Pub. L. No. 117-2, as amended.  meanings ascribed thereto int this Section I.  Greenfield Terrace Park Improvements  268    Vendor Name: FASCO Inc. Vendor Number:  Contract #  2. "Administering. Agency" shall have the meaning specified in 41 C.F.R. $ 60-1.3.  3. "Applicant" shalll have thei meaning specifiedin4ICFR $60-1.3, whichi is] provided here for ease of reference: ("An applicant for Federal assistance involving a construction contract, or other participant in a program involving a construction contract as determined by regulation of an administering agency. The term also includes such persons after they become recipients of such 4. "Construction Work" shalll havet ther meaning specifiedin4IC.FR, $60-1.3, whichi is] provided] here for ease of reference: ("IT]he construction, rehabilitation, alteration, conversion, extension, demolition or repair ofb buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, 5. "Contract" shall mean the legal instrument by which Unit, as a Recipient or Subrecipient, shall purchase from Contractor property or services needed to carry out aj project or program under a 6. "Contractor" shall mean the entity named as "Contractor" in this Addendum that has received a 7.' "Federally Assisted Construction Contract" shall have the meaning specified in 41 C.F.R. $ 60- 1.3, which is provided here for ease of reference: ("[A]ny agreement or modification thereof between any applicant anda aj person for construction work which isp paid fori in whole ori inj part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the government of the United States of America for a grant, contract, loan, insurance, or guarantee under which the applicant itself 8. "Government" shall have the meaning specified in 410 C.F.R. $ 60-1.3, which is provided here for 9. "Laborer" or "Mechanic" shall have the meaning specified in 29 C.F.R. $ 5.2(m), which is provided here for ease ofreference: ("Thet term laborer or mechanic: includes at least those workers whose duties are: manual or physical ini nature (including those workers who use tools or who are performing the work ofa trade), as distinguished from mental or managerial. The term laboreror mechanic includes apprentices, trainees, helpers, and, in the case of contracts subject to the Contract Work Hours and Safety Standards Act, watchmen or guards. The term does not apply to workers whose duties are primarily administrative, executive, or clerical, rather than manual. Persons employed in a bona fide executive, administrative, or professional capacity as defined in part 541 of [Title 40 of the United States Code] are not deemed to be laborers or mechanics. Working foremen who devote more than 20 percent oftheir time during a workweek to mechanic or laborer duties, and who do not meet the criteria of [Title 40 of the United States Code], are  Federal assistance.").  and other onsite functions incidental to the actual construction.").  federal award, and ofwhich this Addendum shall constitute an integral part.  Contract from Unit.  participates in the construction work.").  ease ofreference: ("IT]he government ofthe United States of America.").  laborers and mechanics for the time so spent.").  Greenfield Terrace Park Improvements  269    Vendor Name: FASCO Inc. Vendor Number:  Contract #  10. "Recipient" shall mean an entity that receives a federal award directly from a federal awarding agency. The term does not include subrecipients ori individuals that are beneficiaries ofa an award. 11. "Subcontract" shall mean any agreement entered into by a Subcontractor to furnish supplies or services for the performance oft this Contract or a Subcontract. It includes, but is not limited to,  purchase orders and changes and modifications to purchase orders. 12. "Subcontractor" shall mean an entity that receives a Subcontract.  13. "Subrecipient" shall mean ane entity that receivesa asubaward: from aj pass-through entityt to carry out part of a federal award; but it does not include an individual that is a beneficiary ofs such award. As subrecipient may also be a recipient of other federal awards directly from a federal awarding 14. "Tier" shall have the meaning indicated in 2C.F.R. Part 180 and lllustrated in 2 C.F.R. Part 180,  agency. Appendix II.  15. "Unit" shall have the meaning indicated int thej preamble tot this Addendum.  Equal Employment Opportunity  A. If this contract is a Federally Assisted Construction Contract exceeding $10,000, during the  performance oft this Contract, Contractor agrees as follows:  1. Contractor will not discriminate against any employee or applicant for employment because of race,color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to bej provided setting forth thej provisions of this nondiscrimination clause. 2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation oft the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as aj part ofs such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is inresponse to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including  Greenfield Terrace Park Improvements  270    Vendor Name: FASCO Inc. Vendor Number:  Contract #  ani investigation conducted by the employer, ori is consistent with Contractor's legal duty toi furnish 4. Contractor will: send to each labor union or representative ofworkers with which itl hasa a collective bargaining agreement or other contract or understanding, ai notice tol bej provided advising the said labor union or workers' proemuiveofCominstuon. commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for 5. Contractor will comply with all provisions ofExecutive Order 11246 of September 24, 1965, and 6. Contractor willi furnish tot the Administering Agency: and the Secretary ofLaboralli information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders oft the Secretary ofLabor, or pursuant thereto, and will permit access to its books, records, and accounts by the Administering Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. Int the event ofContractor's noncompliance with the nondiscrimination clauses ofthis Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended, in whole or in part, and Contractor may be declared ineligible for further Government contracts or Federally Assisted Construction Contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. Such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order ofthe! Secretary ofLabor, or as otherwise provided by law. 8. Contractor will include the portion oft the sentence immediately preceding paragraph A.1.ofthis Section II and the provisions of paragraphs A.1. through A.7. in every Subcontract or purchase order unless exempted by rules, regulations, or orders oft the Secretary ofLabor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, sO that such provisions will be binding upon each Subcontractor or vendor. Contractor will take such action with respect to any Subcontract or purchase order as the Administering Agency may direct as a means of enforcing Provided, however, that in the event Contractor becomes involved in, or is threatened with, litigation witha a Subcontractor or vendor as ai result ofsuch direction by the Administering Agency, Contractor: may request the United States to enter into such litigation to protect the interests oft the Unit further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided, that ifUnit so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not 9. Unit agrees that it will assist and cooperate actively with the Administering Agency and the Secretary ofLabor in obtaining the compliance ofContractor and any Subcontractors with the  information.  employment.  oft the rules, regulations, and relevant orders ofthe Secretary ofLabor.  such provisions, including sanctions for noncompliance.  United States.  participate in work on or under the Contract.  Greenfield Terrace Park Improvements  271    Vendor Name: FASCO Inc. Vendor Number:  Contract #  equal opportunity clause and the rules, regulations, and relevant orders oft the Secretary ofLabor; that it will furnish the Administering Agency and the Secretary ofLabor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Administering Agency in the discharge of the agency's primary responsibility for securing 10. Unit further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally Assisted Construction Contracts pursuant to the Executive Order and that it will carry out such sanctions and penalties for violation oft the equal opportunity clause as may be imposed upon Contractor and any Subcontractors by the Administering Agency or the Secretary ofLabor pursuant tol Part II, Subpart D oft the Executive Order. In addition, Unit agrees that ifit fails or refuses to comply with these undertakings, the Administering Agency may take any or all oft the following actions: Cancel, terminate, or suspend, in whole ori in part, this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to thel Department ofJ Justice for appropriate legal  compliance.  proceedings.  B. Ifthis Contract is not al Federally Assisted Construction Contract exceeding $10,000, the provisions of  Section I.A. oft this Addendum shall not apply.  Copeland "Anti-Kiekback"Act  A. Contractor and any Subcontractors performing work under the Contract shall comply with 18  U.S.C. $ 874. Unit shall report all suspected orr reported violations to' Treasury.  Contract Work Hoursand Safety Standards Act  A. Overtime Requirements. No Contractor or Subcontractor contracting for any part oft the Contract work which may require or involve the employment ofL Laborers or Mechanics shall require or permit any such Laborer or Mechanic in any workweek in which he or shei is employed on such work to work in excess of forty hours in such workweek unless such Laborer or Mechanic receives compensation ata rate not less than one and one-half times the basic rate ofpay for all hours worked in excess of forty B. Violation; Liability. for Umpaid Wages; Liquidated Damages. hi the event of any violation of the clause set forthi in, Section IV.A, (Overtime Requirements), above, Contractor and any Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States (in the case of work done under contract for the District ofColumbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shalll bec computed withi respect to eachi individual Laborer orMechanic, including watchmen and guards, employed in violation of the clause set forth in Section IV.A. (Overtime Requirements), above, in the sum of$27: for each calendar day on which such individual  hours in such workweek.  Greenfield Terrace Park Improvements  272    Vendor Name: FASCO Inc. Vendor Number:  Contract #  was required or permitted to work in excess oft the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Section IV.A. (Overtime C. Withholding, for Unpaid Wages and Liquidated Damages. Unit shall, upon its own action or upon written request ofa an authorized representative oft the Department ofLabor, withhold, or cause to be withheld, from any moneys payable on account of work performed by Contractor or Subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of Contractor or Subcontractor for unpaid wages and liquidated damages as provided in Section IV.B. (Violation; Liability for Unpaid Wages; Liquidated. Damages) oft this section. D. Subcontracts. Contractor or Subcontractor shall insert in any Subcontract the clauses set forth in Sections IV.A. through IV.D. and also a clause requiring Subcontractors to include these clauses in any lower-Tier Subcontracts. Contractor shall be responsible for compliance by any first-Tier Subcontractor or lower-Tier Subcontractor with the clauses set forth in Sections IV.A. through IV.D. E. Payroll and Records. Contractor or Subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for aj period ofthree years from the completion of the Contract for all Laborers and Mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, Social Security number, correct classifications, hourly rates ofwages paid, daily and weekly numberofhours worked, deductions made, and actual wages paid. Records tol ber maintained under this provision shall be made available by Contractor or Subcontractor for inspection, copying, or transcription by authorized representatives of the Department oft the Treasury and the Department ofLabor, and Contractor or Subcontractor will permit such representatives to interview employees during working hours on the F. Exceptions. None of the requirements of Section IV of this Addendum shall apply if this Contract is a Contract (1) for transportation by land, air, or water; (2) for the transmission ofintelligence; (3)fort thej purchase ofsupplies, materials, or articles ordinarily available in the open market; or( (4) in  Requirements), above.  job.  an amount that is equal to or less than $100,000. Rights tol Inventions Made Under: a Contract or Agreement  A. The Government reserves ai royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for "Government purposes," any subject data or copyright described below.' "Government purposes" means use only for the direct purposes oft the Government. Without the copyright owner's consent, the Government may not extend its federal 1. Any subject data developed under the Contract, whether or nota a copyright has been obtained,  license to any other party.  and  Greenfield Terrace Park Improvements  273    Vendor Name: FASCO Inc. Vendor Number:  Contract #  2. Any rights ofc copyright purchased by Contractor using federal assistance funded: in whole or in B. Unless Treasury determines otherwise, a Contractor performing experimental, developmental, or research work required as part oft this Contract agrees to permit Treasury to make available to the public either (1)1 Treasury's license in the copyright to any subject data developed in the course ofthe Contract or (2)a copy ofthe subject data first produced under the Contract for which a copyright has not been obtained. Ift the experimental, developmental, or research work which is the subject oft this Contract is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered ast the Government may direct. . Unless prohibited by North Carolina law, upon request by the Government, Contractor agrees to indemnify, save, and hold harmless the Government, its officers, agents, and employees acting within thes scopeoftheiroficial. duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Contractor of proprietary rights, copyrights, or right of privacy arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under the Contract. Contractor shall ber required to indemnify the Government for any such liability arising out oft the wrongful act ofa any employee, official, or agent oft the Contractor. D. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope ofany license or other right otherwise granted to the Government E. Data developed by Contractor and financed entirely without using federal assistance provided by the Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that Contractor identifies those data in writing at the time of delivery of the Contract work. Contractor agrees to include these requirements in each Subcontract for experimental, developmental, or research work financed in whole or in part with federal F. For the purposes of this Section V. subject data" means "recorded information, whether or not copyrighted, that is delivered or specified to be delivered as required by the Contract." Examples of "subject data" include, but are not limited to, "computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses or other  part by the Department of the Treasury.  under any patent.  assistance.  similar information used for performance or administration of the Contract."  Clean Air Act and Federal Water Pollution Control Act  A. Clean Air Act. Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. SS 7401 et seq. Contractor agrees to report each violation tol Unita and understands and agrees that Unit will, in tum, report each violation as required to Treasury and the appropriate Environmental Protection Agency Regional Office. Contractor agrees toi include these requirements in each Subcontract exceeding! $150,000 financed, in  whole or in part, with federal assistance provided by Treasury.  Greenfield Terrace Park Improvements  274    Vendor Name: FASCO Inc. Vendor Number:  Contract #  B. Federal Water Pollution Control Act. Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant tot thel Federal Water Pollution Control Act, as amended, 33 U.S.C. SS 1251 et seq. Contractor agrees to report each violation to Unit and understands and agrees that Unit will, in tum, report each violation as required to assure notification to Treasury and the appropriate Environmental Protection Agency Regional Office. Contractor agrees to include these requirements in each Subcontract exceeding $150,000 financed, in whole or in part, with federal  assistance provided by Treasury.  Debarment and Suspension  A. Due to its receipt ofl Fiscal Recovery Funds, Unit isa participant in ai nonprocurement transaction (defined at 2C.F.R. $ 180.970) that isa covered transaction pursuant to2C.F.R. $ 180.210 and3 31 C.F.R. $ 19.210. Therefore, this Contract is a lower-Tier covered transaction for purposes of2 C.F.R. Part 180 and 31 C.F.R. Part 19if(1)the amount ofthis Contract is greater than or equal to $25,000(2C.F.R. $180.2206)0;310 C.F.R. $ 19.220(b)0);(2)t the Contract requires the consent of an official of the Department of the Treasury (2 C.F.R. $ 180.220(b)(2); 31 C.F.R. $ 92206)2)or0)ths Contract is forf federallyr required audit services (2C.F.R.S $180.220(b)(3); B. If this Contract is a covered transaction as set forth in Section VII.A., above, Contractor hereby certifies as oft the date hereof that Contractor, Contractor's principals (defined at 2C.F.R. 8 180.995), and the affiliates (defined at 2C.F.R. $ 180.905) oft both Contractor and Contractor's principals are not excluded (defined at 2C.F.R. $ 180.935) and arei not disqualified (defined at 2C.F.R. $ 180.935). Ifany oft the foregoing persons are excluded or disqualified and the Secretary of the Treasury has not granted an exception pursuant to 31 C.F.R. S 19.120(a), (1)t this Contract shalll be void, (2)Unit shall not make any payments of federal financial assistance to Contractor, and (3) Unit shall have no C Contractor must comply with 2C.F.R. Part 180, Subpart Cand 31 C.F.R. Part 19and must include arequirement to comply with these regulations in any lower-Tier covered transaction into which it enters.2 This certification is ai material representation of fact relied upon by Unit, and all liability arising from an erroneous: representation shall bel borne solely by Contractor. D. Ifit is later determined that Contractor did not comply with 2C.F.R. Part 180, Subpart C: and 31 C.F.R. Part 19, in addition toi remedies available tol Unit, the Government may pursue available  31 C.F.R. $ 19.220(b)(3).  obligations to Contractor under this Contract.  remedies, including but not limited to suspension and/or debarment.  ByrdAnti-Lobbying Amendment  A. Contractor certifies to Unit, and Contractor shall cause each' Tier below it to certify to the Tier directly above such' Tier, that it has not used and will not use federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee ofany agency, a member of Congress, officer or employee of Congress, or an employee ofa member of Congress in connection with obtaining any federal contract, grant, or any otheraward covered by 31 U.S.C.  Greenfield Terrace Park Improvements  275    Vendor Name: FASCO Inc. Vendor Number:  Contract #  $ 1352. Contractor shall, and shall cause each Tier below it, to disclose any lobbying with non- federally appropriated funds that takes place in connection with obtaining any federal award. Such disclosures (tol be seti forth on Standard Form-LLL, contained in 310 C.F.R. Part2 21, Appendix B) shall be forwarded from Tier to Tier up to the Unit, which will, in turn, forward the certification(s) to Treasury. Contractor shall cause the language of this Section YID.A. to be included in all Subcontracts. This certification is a material representation of fact upon which Unit has relied when entering into this Contract, and all liability arising from an erroneous representation shall be borne B. Contractors that bid or apply foracontract exceeding $100,000 (including this Contract, ifapplicable) also must file with Unit the certification in Attachment 11 to this Addendum, which is attached hereto C. Contractor also shall cause any Subcontractor with a Subcontract (at any Tier) exceeding $100,000 to file with the Tier abovei itt the certification in Attachment Itothis Addendum, which is attached hereto  solely by Contractor.  and incorporated herein.  and incorporated herein.  Procurement of Recovered Materials  A. Section IX.B. shall apply if (1) this Contract involves the purchase of an item designated by the Environmental Protection Agency ("EPA") in 40C.F.R. Part 2471 that exceeds $10,000 or (2) the total value ofsuch designated items acquired during Unit's preceding fiscal year exceeded $10,000. B. Int the performance of the Contract, Contractor shall make maximum use of products containing recovered materials that are EPA-designated items, unless the product cannot (1) be acquired competitively within at timeframe providing for compliance with the Contract performance schedule, (2) meet Contract performance requirements, or (3) be acquired at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available on EPA's website.3 Contractora also agrees to comply with all other applicable requirements of Section 6002 of the Solid  Waste Disposal Act.  Prohibition on Contracting for Covered' Ielecommunications Equipment or Services  A. Definitions. Unless otherwise defined int this Contract, capitalized terms usedi int this Section X shall  have the meanings ascribed thereto in this Section X.A.  1. "Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic,  coaxial cable, Ethernet).  2. "Covered Foreign Country" means thel People's Republic ofChina.  3. "Covered Telecommunications Equipment or Services" means (a) telecommunications equipmemtprodueadbyl HuawellechnologiesCompany or ZTECorporation (orany subsidiary or affiliate of such entities); (b) for the purpose of public safety, security ofGovernment facilities,  Greenfield Terrace Park Improvements  276    Vendor Name: FASCO Inc. Vendor Number:  Contract #  physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (c) telecommunications or video surveillance services provided by such entities or using such equipment; or (d) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary ofDefense, in consultation with the Director of National Intelligence or thel Director oft the Federal Bureau ofInvestigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government ofa Covered Foreign Country. 4. "Critical Technology" means (1) defense articles or defense services included on the United States Munitions List set forth in thel International Traffic in Arms Regulations under subchapter M of chapter I oft title 22, Code of Federal Regulations; (2) items included on the Commerce Control List set forth in Supplement No. Ito part 7740 of thel Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations and controlled (a) pursuant to multilateral regimes, including for reasons relating toi national security, chemical and biological weapons proliteration, nuclear nonproliferation, or missile technology, or (b) for reasons: relating to regional stability or surreptitious listening; Opaye-pnimdryens nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) nuclear facilities, equipment, and material covered by part 110 oftitle 10, Code of Federal Regulations (relating to export and import ofnuclear equipment and material); (5) select agents and toxins covered by part 331 oft title 7, Code of Federal Regulations; part 121 oft title 9ofsuch Code; or part 73 oftitle 42 ofsuch Code;or()emerginge andi foundational technologies controlled pursuanttosection! 1758ofthel Export Control Reform Act of2018 (50U.S.C.4817). 5. Interconnection Arrangements" means arrangements governing the physical connection oft two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone 6. "Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect tot the facilities ofthel home network either because signal 7. "Substantial or Essential Component" means any component necessary: for thej proper function or 8. Telecommunications Equipment or Services" means elecommunications or video surveillance equipment or services, such as, but not limited to, mobile phones, land lines, internet, video  company B) or sharing data and other information resources.  coverage ist too weak or because traffic is too high. performance ofap piece of equipment, system, or service.  surveillance, and cloud services.  B. Prohibitions.  1. Section 889(b) oft the John S. McCain National Defense. Authorization Act for Fiscal Year 2019, Pub. L.1 No. 115-232, and2C.F.R. $ 200.216 prohibit the head of an executive agency on orafter August 13, 2020, from obtaining or expending grant, cooperative agreement, loan, or loan  Greenfield Terrace Park Improvements  277    Vendor Name: FASCO Inc. Vendor Number:  Contract #  guarantee funds on certain telecommunications products or from certain entities for national 2. Unless an exception in Section X.C. applies, Contractor and any Subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds (including, without limitation, Fiscal a. Procure or obtain any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a Substantial or Essential Component ofanys system or as Critical b. Enteri into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a Substantial or Essential Component ofany system or as Critical Technology ofa any system; Enter into, extend, ori renew contracts with entities that use Covered Telecommunications Equipment or Services as a Substantial or Essential Component ofany system or as d. Provide, as part ofi its performance oft this Contract, any Subcontract; any other contractual instrument; or any equipment, system, or service that uses Covered Telecommunications Equipment or Services as a Substantial or Essential Component ofa any system or as Critical  security reasons.  Recovery Funds) received from a federal government to:  Technology ofany system;  Critical Technology as part of any system; or  Technology as part ofa any system.  C.E Exceptions.  1. This clause does not prohibit Contractor or Subcontractors fromj providing:  a. Aservice that connects tot the facilities ofat third party, such as Backhaul, Roaming, or b. Telecommunications equipment that cannot route or1 redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2. Byn necessary implication and regulation, thej prohibitions also doi not apply to:  Interconnection Agreements, or  a. Covered elecommunications equipment that:  Isnot used as a Substantial or Essential Component ofany system and  11. Isnot used as Critical Technology ofany system. Telecommunications Equipment or Services.  b. Oherlelcommumisation: equipment or services that are not considered Covered  D. Reporting Requirement  1. In the event Contractor identifies, during contract performance, covered Telecommunications Equipment or Services used as a Substantial or Essential Component of any system or as Critical  Greenfield Terrace Park Improvements  278    Vendor Name: FASCO Inc. Vendor Number:  Contract #  Technology as part of any system, or if Contractor is notified ofs such by a Subcontractor at any Tier or by any other source, Contractor shall report the information in paragraph D.2 (d)(2) of this Section Xt tol Unit, unless procedures for reporting thei information are established elsewhere 2. Contractor shall report the following information to Unit pursuant to paragraph D.1 of this a. Within one business day from the date ofs such identification or notification: contract number; order mumbere,frappicable, supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (ifl known); brand; model number (original equipment manufacturer: number, manufacturer part number, or wholesaler number); item description; and any readily available information about b. Within ten business days ofs submitting the information inj paragraph D.2.a.ofthis Section: any further available information about mitigation actions undertaken or recommended. In addition, Contractor shall describe (i)t the efforts it undertook toj prevent use or submission of Covered Telecommunications Equipment or Services and (ii) any additional efforts that willl be incorporated to prevent future use or submission ofCovered  in this Contract. Section X:  mitigation actions undertaken or recommended.  Telecommunications Equipment or Services.  E. Subcontractor. Contractor shall cause to be inserted into all Subcontracts and other contractual instruments relating tot thej performance ofthis Contract thes substance ofthis Section X, including this  paragraph E.  Domestic Preferences forl Procurements  A. Forp purposes ofthis Section XI, the terms below are defined as follows:  1. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from thei initial melting stage through the application ofcoating, occurredi in the United 2. Manufactured Products" means items and construction materials composed, in whole or inj part, ofnon-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. B. As applicable, and to the extent consistent with law, Contractor should, to the greatest extent practicable, provide aj preference for the purchase, acquisition, or use of goods, products or materials Produced in the United States. Thisi includes, but is not limited to, iron, aluminum, steel, cement, and other Manufactured Products. Contractor shall cause any Subcontractors to include the requirements  States.  oft this Section XI in any Subcontracts.  Solicitation of Minority and Women-Owned Business Enterprises  A. IfContractor intends tol let any Subcontracts, Contractor shall (1) place qualified small and minority  Greenfield Terrace Park Improvements  279    Vendor Name: FASCO Inc. Vendor Number:  Contract #  businesses and women's business enterprises oni its solicitation lists; (2) assure that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (3) divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (4) establish delivery schedules, where the requirement permits, which encourage participation bys small and minority businesses and women's business enterprises; (5) use the services and assistance, as appropriate, of the Small Business Administration, the Minority Business Development Agency of the Department of Commerce, and the North Carolina Office for Historically Underutilized B. For the purposes of Section XII.A.. an entity shall qualify (1)as a' "minority business" or "women's business enterprise"ifitis currently certified: lasa al North Carolina "historically underutilized business" under Chapter 143, Section 128.4(a)ofthel N.C. General Statutes (hereinafter GS)andO)asa'smal business" ifi it is independently owned and operated and is qualified under the Small Business  Businesses.  Administration criteria and size standards at 13 C.F.R. Part 21.  Access tol Records  A. Contractor agrees toj provide Unit, the Department oft the Treasury, the Treasury Office ofInspector General, the Government Accountability Office, and the Comptroller General oft the United States, or any authorized representativesorthese entities, access to any records (electronic and otherwise) of Contractor which are directly pertinent to this Contract to conduct audits or any other investigations. Contractor agrees to permit any of the foregoing parties to reproduce such records by any means B. Contractor agrees to retain all records covered by this Section XIII through December 31, 2031, or such longer period as is necessary for the resolution of any litigation, claim, negotiation, audit, or  whatsoever or to copy excerpts and transcriptions as reasonably needed.  other inquiry involving the Contract.  ConflictsofInterest; Gifts and Favors  A. Contractor understands that (1)Unit will usel Fiscal Recovery Funds toj pay: fort the cost ofthis Contract and (2) the expenditure of Fiscal Recovery Funds is governed by the [Conflict ofInterest Policy) of the Unit, the Regulatory Requirements (including, without limitation, 2C.F.R. $2003180)(D,and North Carolina law (including, without limitation, G.S. 14-234(a)() and - 234.3(a)). B. Contractor certifies to Unit that as oft the date hereof, to the best of its knowledge after reasonable inquiry, no employee, officer, or agent ofUnit involved in the selection, award, or administration of this Contract (eacha a' "Covered Individual"); noi member ofa Covered Individual'si immediate family; no partner ofa a Covered Individual; and no organization (including Contractor) which employs or is about to employ a Covered Individual has a financial or other interest in, or has received a tangible personal benefit from, Contractor. Should Contractor obtain knowledge ofany such interest or any tangible personal benefit described in the preceding sentence after the date hereof, Contractor shall  promptly disclose the same to Unit in writing.  Greenfield Terrace Park Improvements  280    Vendor Name: FASCO Inc. Vendor Number:  Contract #  C Contractor certifies to Unit that itl has not provided, nor offered to provide, any gratuities, favors, or anythingofvaluet toa an officer, employee, or agent ofUnit. Should Contractor obtain knowledge ofthe provision, orofferofany provision, ofany gratuity, favor, ora wylingohaliepamellker, employee, or agent described int thej preceding sentence after the date hereof, Contractor shall promptly disclose  the same to Uniti in writing.  Assurances of Compliance with' Title VIofthe Civil Rights Actof1964  A. Contractor and any Subcontractor, or the successor, transferee, or assignee of Contractor or any Subcontractor, shall comply with Title VI of the Civil Rights Act of1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against aj person on the basis of race, color, or national origin (42U.S.C. $8 2000d et seq.), as implemented by the Department oft the Treasury's Title VI regulations, 31 C.F.R. Part 22, which are. herein incorporated by reference and made aj part oft this Contract. Title VI also provides protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. SS 2000d et seq., as implemented by Treasury's Title VI regulations, 31 C.F.R. Part 22, and herein incorporated by reference and made aj part oft this  Contract.5  Other Non-Diserimination Statutes  A. Contractor acknowledges that Unit is bound by and agrees, to the extent applicable to Contractor, to abide by the provisions contained in the federal statutes enumerated below and any other federal statutes and regulations that may be applicable to the expenditure of Fiscal Recovery Funds: 1. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 88 3601 et. seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, 2. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. $ 794), which prohibits discrimination on thel basis of disability under any program or activity receiving federal financial 3. The Age Discrimination Act of 1975, as amended (42 U.S.C. $8 6101 et. seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on thel basis of age 4. Titlel IIoft the. Americans with Disabilities Act of 1990, as amended (42 U.S.C. SS 12101 etseq.), which prohibits discrimination on the basis of disability in programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies  sex, familial status, or disability;  assistance;  inj programs or activities receiving federal financial assistance; and  thereto.  Greenfield Terrace Park Improvements  281    Vendor Name: FASCO Inc. Vendor Number: Miscellaneous  Contract #  A. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 Fed. Reg. 19,216(Apr. 18, 1997), Unit encourages Contractor to adopt and enforce on-the-job seat belt policies and programs for its employees when operating company-owned, rented, or personally owned B. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 Fed. Reg. 51,225 (Oct. 6, 2009), Unit encourages Contractor to adopt and enforce policies that ban text messaging  vehicles.  while driving.  Conflicts and Interpretation  A. To the extent that any portion oft this Addendum conflicts with any term condition oft this Contract  expressed outside ofthis Addendum, the terms oft this Addendum shall govern.  Greenfield Terrace Park Improvements  282    Vendor Name: FASCO Inc. Vendor Number:  Contract #  CONTRACTOR: By: Name: Title: UNIT: By:. Name: Title:  [Signature Paget to Coronavirus State and Local Fiscal Recovery Funds  Addendum)  Greenfield Terrace Park Improvements  283    Vendor Name: FASCO Inc. Vendor Number:  Contract #  ATTACHMENTI TO  CORONAVIRUSSISSTATEANDLOCALFISCALRECOVERYEUNDS. ADDENDUM AFPENDIXAJICER PART21- CERTIFICATION REGARDING LOBBYING  Thel undersigned certifies, to the best of the undersigned's knowledge and belief, that:  1. Nol Federal appropriated: funds have been paid or will be paid, by or on behalfo of the undersigned, to any person fori influencing or attempting toi influence an officer or employee ofan agency, al Member of Congress, an officer or employee of Congress, or an employee ofal Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making ofa any Federal loan, the entering into ofa any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. Ifany funds other than Federal appropriated funds have been paid or will bej paid to any person for influencing or attempting toi influence an officer or employee ofany agency, al Member ofCongress, an officer or employee of Congress, or an employee ofa Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form tol Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language oft this certification be included in the award documents forall subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is ai material representation of fact upon which reliance was placed when this transaction was: made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 ofthe U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not  more than $100,000 for each such failure.  The Contractor, FASCO, Inc., certifies and affirms the truthfulness and accuracy of each statement ofi its certification and disclosure, ifany. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements, apply to this certification  and disclosure, if any.  Signature of Contractor's Authorized Official Name and' Title ofContractor's Authorized Official  Date  Greenfield Terrace Park Improvements  284    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item:  Resolution Authorizing Contract Award for the Construction oft the Public Works Stormwater Pipe Improvements Phase II for the Public Works Stormwater The City of Greenville is replacing the corrugated metal pipe that runs along the southern side oft the Public Works complex. The existing 84-inch pipe conveys water from Skinner Street through the Public Works facility to Beatty Street. Due to corrosive soil conditions, the pipe has deteriorated. The corrosion of the bottom oft the pipe has accelerated and has caused the integrity of the pipe to be compromised. Several sinkholes have formed at the Public Works facility. This Phase is 500: feet long and includes rerouting, replacing, and upsizing the existing stormwater drainage system from approximately 1,300 feet upstream of Beatty Street to the existing upstream headwall on Skinner Street with an 8' x8 RCBC within the general area of the City of Greenville Public Works yard. Public Works initiated this design phase in May 2023 with a design completion for this phase occurring in March 2024. The design was advertised for bid for four (4) weeks toj provide contractors ample time toj provide bids and obtain costs from subcontractors. The City received three (3) bids on May 10, 2024. Kwest Group, LLC: submitted the lowest responsible, responsive bid of $2,584,244.60. With the award of this project, iti is expected that the Kwest Group will begin construction immediately following the completion of] Phasel I inl November 2024. The schedule for this project is 81 months after the Notice to  Pipe Improvements.  Explanation:  Proceed is sent to the contractor.  Fiscal Note:  The total contract amount to Kwest Group is $2,584,244.60. The project will be funded with the American Rescue Plan Act (ARPA), and the City's Long Range Debt Plan through installment financing in conjunction with the BUILD Grant. Public Works Stormwater Pipe Improvements Phase II tol Kwest Group, LLC for  Recommendation; City Council approves the resolution to award a construction contract for the  $2,584,244.60.  ATTACHMENTS  RESOLUTION- PW SW PROJECT ASEIE-DNNIPASPAT  2024-05-14 Rec of Award KWEST.pdf  Item #13.  285    Item #13.  286    RESOLUTION NO.  RESOLUTION AUTHORIZING AWARD OF CONTRACT  FOR THE CONSTRUCTION OF THE PUBLIC WORKS STORMWATER PIPE  IMPROVEMENTS PHASE II PROJECT  WHEREAS, the City of Greenville staff has prepared the project construction documents and received bids from contractors in accordance with the City's formal bid process; and, WHEREAS, the City of Greenville staff has reviewed and identified Kwest Group, LLC NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Greenville that the contract for the construction of the Public Works Stormwater Pipe Improvements Phase Ii in Pitt County is hereby awarded to Kwest Group, LLC and that the Mayor of the City of Greenville is hereby authorized to execute an agreement with Kwest Group, LLC for the  as the lowest responsive, responsible bidder;  construction ofs said project in the amount ofs $2,584,244.60. ADOPTED this 10th day of June 2024.  P.J. Connelly, Mayor  ATTEST:  Valerie Shiuwegar, City Clerk  1194635  287    WK  DICKSON community infrastructure consultants  May 14, 2024 Mr. Kevin Mulligan, PE City of Greenville 1500 Beatty Street Greenville, NC 27834  RE: City of Greenville, North Carolina  Public Works Stormwater Pipe Improvements Phase 2 WKD Project Number 20220983.00.RA Bid' Tabulation and Recommendation  Dear Kevin:  Formal bids for the referenced project were opened on May 10, 2024 at 10:00 AM EDT. Three bids were received, where the three lowest bidders, listed in ascending order, are Kwest Group, LLC, Fred Smith Company, and Trader Construction Company. All bids contained the required 5% bid bond, acknowledged receipt of all addenda, identified their North Carolina General Contractors License number, and enclosed the properly executed bid forms, supplemental forms, and Minority and Women Business Enterprise forms. The Certified Bid Tabulation and Bid Opening Meeting No math errors were discovered during our review of the three submitted bids for this project. The Based on our bid analysis and background check of the apparent low bidder, Kwest Group, LLCis the responsive lowest bidder with a Base Bid of $2,075,449.60, a Bid Alternate of $508,795.00, and a Kwest Group, LLC has been doing public and private utility work in the United States for many years and has worked successfully on similar projects of equal size. They have worked on a few grading and utility projects within North Carolina. Their references spoke positively about Kwest We recommend the City of Greenville award the Total Bid, including the Bid Alternate, to Kwest As always, we appreciate the opportunity to provide you with our services and look forward to  Minutes are attached toi this Recommendation Letter.  attached Certified Bid Tabulation reflects the provided bid values.  Total Bid of $2,584,244.60.  Group's construction work capability and practices. Group, LLC, in the amount of $2,584,244.60. assisting. you with the construction oft this project.  720 Corporate Center Drive Raleigh, NC27607 Tel.9 919.782.0495 Fax 919.782.9672 www.wkdickson.com  Transportation . Water Resources . Land Development . Geomatics 288    Sincerely,  W.K. Dickson & Co., Inc. Ay  Marc T. Horstman, PE, PH, BC.WRE -Bid Opening Meeting Minutes -Certified Bid Tabulation  Attachment    Bid Opening Meeting Minutes for the City of Greenville Public Works Stormwater Pipe Improvements Phase 2  Date: Time: Place:  Friday, May 10, 2024 10:00 am  City of Greenville Public Works Department Conference Room,  1500 Beatty Street, Greenville NC  Bid Opening Attendees: Kevin Mulligan - City of Greenville Kevin Heifferon- - City of Greenville Devin Thompson - City of Greenville Gentry Coward - City of Greenville Marc Horstman = WKI Dickson Jason Rurak- - WK Dickson Greg Churchill - Rivers and Associates Carl Collie - Fred Smith Company John Switzer -1 Trader Construction Company Myron Meadows - Trader Construction Company  Zac Shutsa - Kwest Group Brad Lee - Oldcastle Derek Easter - Oldcastle Bid Opening Results  The clocki in the main conference room at the City Public' Works facility! located at 1500 Beatty At promptly 10:00 am, Marc Horstman declaredi the bid closed. All Contractors indicated that they received all provided addenda and no objections were issued prior toi the bid opening.  Street was established as the official clock. Three bids were received priort to 10:00 am.  Right after the bids were closed, the bid opening commenced. The following were the Bid Results for the three submitted bids:  Kwest Group, LLC- Base: $2,075,449.60; Alt: $508,795.00; Total: $2,584,244.60 Fred Smith Company Base: $2,628,930.00; Alt: $365,715.00; Total: $2,985,645.00  Bid Opening Meeting Page 1  290    Trader Construction Co. - Base: $3,001,994.50; Alt: $548,074.00; Total: $3,550,069.50 After all bids were read, the bid opening was declared officially closed at 10:18 am. The Bid Opening Results indicate that Kwest Group, LLC is the Apparent Low Bidder. However, the bid package will be reviewed for all submitted bids to determine the Responsive Lowest Bidder. Attached toi these meeting minutes are the Certified Bid Tabulations.  Bid Opening Meeting Page 2  291    WK DICKSON community infrastructure consultants Bid Meeting Attendance List  Project:  Public Works Stormwater Pipe Improvements Phase 2 Project  Project No.: WKD 20220983.00.RA Bid Date: May 10, 2024 at 10:00 am  Location: City of Greenville, 1500 Beatty Street, Greenville, NC 27834  Name  Company  Telephone# 7/9-215-/176 619).596-5347 B51)670-3025 25)670.8611 414 46L 5400 E2-355-4512  E-mail Address mhrtman@wHk jowLPwlh alhahnkanaa MHe9 doos etmererudt.oH bahages dAlopCpwllge  1. Alarc Horstnan W/kDickson  2.  dom  Jason RuelL 3Jahn Switzer 4. MYtoy MENowS 5. Ze Shutse,  WKDickson Toder Conshruction TLAPEL CONGTEMCION kwest Group  Thul Tbapa Cob  8. 9. 10. 11. 12.  292    infrastructure community  EWEKSON  consultants  Bid Meeting Attendance List  Project:  Public Works Stormwater Pipe Improvements Phase 21 Project  Project No.: WKD #20220983.00.RA Bid Date: May 10, 2024 at 10:00 am  Location: City of Greenville, 1500 Beatty Street, Greenville, NC 27834  Name hel loLE 2.1 DerekEaster 3. Brad LEE 4. GiegCkurchil  Company Feeo Smm Hosory Dldcas-ne oldcAsHe  Telephone 9990-825 919-801-7580  E-mail Address  /hkpws Derek.Easter @ oldcatle.cew  919-609-967/ Bad/geokCk.  Rivevs fAseciates,lae  252-752-4135  Psh  5. 6. 7. 8. 9. 10. 11. 12.  293    WK DICKSON community infrastructure consultants Bid Meeting Attendance List  Project:  Public Works Stormwater Pipe Improvements Phase 21 Project  ProjectNo.: WKD #20220983.00.RA Bid Date: May 10, 2024 at 10:00 am  Location: City of Greenville, 15001 Beatty Street, Greenville, NC 27834  Name  Company Co6Pw COG Pwp coL  Telephone# 252-37B6214 252-527-4050  E-mail Address  1. BeyioM-allbou Pbyhual Aemlllyul  22 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.  M-Rageals goanepraulauye Amuialegra4  4570  294    CERTIFIED BID TABULATION  295    A  BIDTABULATIONS SHEET OWNER: CityofGreenvile  and  PROJECT: Public Works Stormwater Pipel Improvements Phase2 LOCATION: 1500 Beatty Street, Greenville, NC 27834 5/10/2024  SEAL 041392-  IE W.K. Dickson&Co.,Inc. Raleigh, N.C. NCI License NoF-0374 FREDS 7010 Corporate Center Dr, Ste 101 PODrawer 1578 Raleigh, NC 27607 78857 NCLicense No.  DATE: Firm: Address: License Bond PAYMENT ITEMNO. REFERENCE 800 Mobilization 2 801 Constructions Surveying SP-18 Construction As-Builts SP-03 Erosiona andSediment Control 226 Grading 226 Undercut Excavation SP-21 Removala landDisposalofBkisting: Stormwater Pipe SP-21 Removal: andDisposalofEistingi Stormwaters Structures SP-21 Removal andDisposalof Existing AsphaltF Pavement SP-21 Removal: and DisposalofE Existing Concretec Curba 265 SelectGranular) Material 310 18RC. PipeCulverts, Class!II 310 24'R.C. PipeCulverts, ClassIII 310 -"RC. PipeCulverts, ClasslII SP-53 8X8PrecastR.C BoxCulverts SP-28 57Stone, UndercutE Bedding SP-28 57Stone, 520 Aggregate! BaseCourse 607 Milling AsphaltP Pavement, 1.5't03" 610 Asphalt Concs Surface Course, TypeS9.5C 620 AsphaltB Binderf for PlantMix 710 PoutandcemamiCmaseel Pavement 840 PipePlugs SP-22 Flowable Fill SP-51 Standard PrecastCatchl Basin, COGSId610.02 SP-51 Standard PrecastCatchl Basin, COGSId610.03 SP-51 Precast] Junction Boxv with Manhole, COGSId613.01 SP-51 Traffic! Bearing GratedDropl Inlet, SP-52 Custom Drop Headwalls 846 2-0"Concrete Curb andGutter  Pleasen note thati items thathave been bolded, highlighteda andi italicized are mathematical corrections.  KWEST GROUP 8305F FremontPike Perrysburg, OH 43551 NCLicense! No.  HOR  TRADER CONSTRUCTION COMPANY NewE Bem, NC 28563 43848 NCL License! No.  2943  DESCRIFTION  ESTQTY UNIT UNITPRICE TOTAL PRICE UNITI TOTALPRICE UNITI PRICE IS 55,000.00 55,000.00 120,000.00 120,000.00 315,900.00 12,400.00 12,400.00 25,000.00 25,000.00 32,400.00 1 IS $ 2,300.00 2,300.00 45,000.00 45,000.00 17,700.00 1 LS $ 5,000.00 5,000.00 45,100.00 45,100.00 28,700.00  LS LS $ 7,500.00 7,500.00  32,400.00 28,700.00 70.00 300.00 160.00 28,400.00 90.00 1,700.00 30.00 50.00 ,000.00 300.00 5,000.00 300.00 1,100.00 22,000.00 2,793.00 1,326,675.00 100.00 28,500.00 140.00 2,100.00 60.00 22,800.00 14.45 14,450.00 81.35 22,778.00 890.90 13,363.50 142.00 65,320.00 6,100.00 42,700.00 198.00 140,580.00 18,600.00 27,000.00 36,200.00 88,800.00 82.00s 11,480.00  3,500.00 3,500.00 14,400.00 53.00 10,070.00 109.00 22,890.00 3,200.00 6400.00 14,200.00 24.00 3,120.00 30.00 3,300.00 40.00 120,000.00 134.00 6,700.00 193.00 21,230.00 467.00 9340.00 3,030.00 1,439,250.00 78.00 22,230.00 128.00 1,920.00 45.00 17,100.00 11.00 11,000.00 149.00 41,20.00 760.00 11,400.00 250.00 115,000.00 2,700.00 18,900.00 149.00 105,790.00 6,400.00 6400.00 18,600.00 9,000.00 9,000.00 27,000.00 4,700.00 18,800.00 22,200.00 49.00 6,860.00  190 CY 210 LF 2 EA 130 SY 110 LF 3,000 CY 50 LF 110 LF 20 LF 475 LF 285 CY 15 CY 380 TON 1,000 SY 280 TON 15 TON 460 SY 7 CY 710 CY EA EA EA EA  45.00 8,550.00 75.00 15,750.00 3,100.00 6,200.00 145.00 18,850.00 14.00 1,540.00 16.00 48,000.00 328.00 16,400.00 422.00 46,420.00 900.00 18,000.00 2,410.00 $ 1,144,750.00 90.00 25,650.00 105.00 1,575.00 85.00 32,300.00 14.45 14,450.00 87.16 24,404.80 890.90 13,363.50 121.00 55,660.00 6,000.00 42,000.00 120.53 85,576.30 5,900.00 5,900.00 15,000.00 15,000.00 5,800.00 23,200.00 40.00 5,600.00  10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28  9,000.00 18,000.00 10,500.00 21,000.00 18,100.00 95,000.00 95,000.00 145,000.00 145,000.00 192,000.00 192,000.00  Page1  CilyofGreenville: Publicw    Firm: Address: License Number/Bid Bond  KWEST GROUP 8305F FremontPike Perrysburg, OH 43551 NCLicense No.  FRED SMITH COMPANY 701 Corporate Center Dr, Ste 101 PODrawer 1578 Raleigh, NC 27607 78857 NCLicense No.  TRADER CONSTRUCTION COMPANY NewE Bern, NC 28563 43848 NCLicense! No.  2943  PAYMENT ITEMNO. REFERENCE 31 SP-29 TrafficControl 32 SP-35 Permanent Fertilizer, Seding, andMulching 33 SP43 Safety! Fence 34 SP-43 Treel Protection Fence 35 SP-31 Temporary6" TallChain Link Barrier Fence 36 SP-44 Concrete Washouts 37 SP-47 Topsoil SP-32 Utility Coordinationa andDry Ulility! Relocation Costs 867 Existing Chain LinkF Fencel Reset SP-54 Removea andl ResetE Entrance Gate  ESTOTY UNIT UNITI PRICE TOTALI PRICE UNIT PRICE TOTALF PRICE UNITPRICE  1 LS 830 SY 1,100 LF 450 LF $ 11.00 4,950.00 2,000 LF 1 EA $ 3,200.00 3,200.00 100 CY 1 IS 100 LF EA  6,500.00 6,500.00 20,000.00 20,000.00 12.00 9,960.00 10.00 11,000.00 8.00 16,000.00 110.00 11,000.00 70.00 7,000.00 2,075,A49.60 71.25 313,500.00 85.00 116,875.00 900.00 67,500.00 102.00 3,570.00 210.00 7,350.00 508,795.00 $2,584,244.60  6,900.00 6,900.00 0.60 498.00 6.00 6,600.00 5.00 2,250.00 15.00 30,000.00 3,100.00 75.00 7,500.00 18,600.00 3,500.00 3,001,994.50 82.00 360,80.00 80.60 110,825.00 863.00 64,725.00 125.00 4,375.00 210.00 7,350.00 548,075.00 $3,550,069.50  7.00 5,810.00 3.00 3,300.00 3.00 1,350.00 10.00 20,000.00 1,150.00 1,150.00 $ 3,100.00 135.00 13,500.00 208.00 20,800.00 $ 35.00 138,500.00 91,000.00 91,000.00 150,300.00 $ 150,300.00 2,628,930.00 38.00 167,200.00 96.00 132,000.00 618.00 46,350.00 102.00 3,570.00 217.00 7,595.00 356,715.00 $2,985,645.00  3,000.00 3,000.00 19,000.00 19,000.00 18,600.00  AlIUnit! Price Base BidItems DIVISIONE B- -BIDA ALTERNATIVE:0I A-1 A-2 A-3 A4 A-5 TotalofBid Alternative #01 Unit] Price Items TotalA Amount (Base Bid+ BidA Alt)=  520 Aggregate! BaseCourse 610 Asphalt Conc SurfaceCourse, TypeS9.5C 620 AsphaltE Binderf forPlantMix SP-21 Removala maDpaldhasiyCma Pavement 710 ePwmlimdCememiC.maaer Pavement, Miscellaneous  4,400 TON 1,375 TON 75 TON 35 SY 35 SY  WKD#  Page2  CilyofGreenvile: Public WorksPipelmprov    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item: Explanation:  Resolution Authorizing Contract Award for Task Order 6 (CA CO Inspection)  for the Public Works Stormwater Pipe Improvements  The City of Greenville is replacing the corrugated metal pipe that runs along the southern side ofthel Public Works complex. The existing 84-inch pipe conveys water from Skinner Street through the Public Works facility to Beatty Street.  Due to corrosive soil conditions, the pipe has deteriorated. The corrosion oft the bottom of the pipe has accelerated and has caused the integrity of the pipe to be compromised. Several sinkholes have formed at the Public Works facility.  Phase 2 oft the project includes rerouting, replacing, and upsizing approximately 500 feet of the existing stormwater drainage system from approximately 1,300 feet upstream of] Beatty Street to the existing upstream headwall on Skinner Street with an 8' x8 RCBC within the general area ofthe City of Greenville  Public Works yard.  Public Works is requesting City Council approve the fee for Task Order #6 and award a professional services contract to WK Dickson Co., Inc. Task Order #6 for project inspection and project administration will involve a continuation of the project and construction administration for approximately 8 additional months. Tasks associated with work include -1 monthly construction meetings, daily construction oversight, review of shop drawings, the issuance ofbulleting drawings, record drawings, review and recommend to the City any change orders associated with construction as well as materials testing. Attached is the recommended scope ofwork for Task Order #6. The full scope ofwork is listed in" "Attachment A" of Amendment No.6. The proposed cost for the services is  $643,700.  Fiscal Note:  The contract cost ofTask Order #6 is $643,700.00 and will be funded through  the Stormwater Pipe Replacement project.  Item #14.  298    Recommendation:  City Council approve the Resolution authorizing contract award for Task Order #6 and award aj professional services contract to WK Dickson Co., Inc. for $643,700 for the project administration and inspection oft the Public Works Pipe  Improvement Project Phase II.  ATTACHMENTS DM1194843.pdf ITEM.pdf  RESOLUTION- PW SW PROJECT CA-CO WK DICKSON & CO., INC.pdf 2024-05-15 Public Works SW Pipe Improvements-Amen6 - WKI DICKSON AGENDA  Item #14.  299    RESOLUTION NO.  RESOLUTION AUTHORIZING AWARD OF CONTRACT  FOR THE CONSTRUCTION ADMINISTRATION AND CONSTRUCTION OVERSIGHT OF THE PUBLIC WORKS STORMWATER PIPE IMPROVEMENTS PHASE III PROJECT  WHEREAS, the City of Greenville staff has prepared the project construction documents and received bids from contractors in accordance with the City's formal bid process; and, WHEREAS, the City of Greenville staff has reviewed and identified WK Dickson & Co., NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Greenville that the contract for the construction administration and construction oversight of the Public Works Stormwater Pipe Improvements Phase II in Pitt County is hereby awarded to WK Dickson & Co., Inc. and that the Mayor oft the City ofGreenville is hereby authorized to execute an agreement with WK Dickson & Co., Inc. for the CA/CO of said project in the amount of  Inc. as the chosen firm from Request For Qualifications;  $643,700.  ADOPTED this 10th day of June 2024.  P.J.C Connelly, Mayor  ATTEST:  Valerie Shiuwegar, City Clerk  1194843  300    DocuSign Envelope ID: 63E290E8-EDBO-4B04-9DF1-DS861084F971  This is EXHIBIT K, consisting of referred to in and part of the Agreement between Owner and Engineer for Professional Services dated [December 19, 2022].  pages,  AMENDMENTTO OWNER-ENGINEER AGREEMENT  Amendment No.. 6_  Thel Effective Date of this Amendment is:  Background Data  Effective Date of Owner-Engineer Agreement:  Owner: Engineer: Project:  City of Greenville, NC W. K. Dickson & Co., Inc.  Public' Works SW Pipe Improvements Project  Nature of Amendment: [Check those that are applicable and delete those that are inapplicable.)  X X  Additional Services to be performed by Engineer Modifications to services of Engineer Modifications to responsibilities of Owner Modifications of payment to Engineer Modifications toi time(s) for rendering services  Modifications to other terms and conditions of the Agreement  Description of Modifications:  Please refert to Attachment. A, Scope of Services, dated May 15, 2024.  Agreement Summary: Original agreement amount: Net change for prior amendments: This amendment amount: Adjusted Agreement amount:  $497,295.50 $1,410,308.50 $643,700.00 $2,551,304.00  Change in time for services (days or date, as applicable): 8Months  Exhibit K- Amendment to Owner-Engineer. Agreement. EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 20141 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. All rights reserved.  Page1 301    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in  including those set forthi in Exhibit C.  effect.  OWNER: City of Greenville, NC  ENGINEER: W. K. Dickson & Co., Inc.  DocuSigned! by: Sutt Siypow A810C783C8E9546A.  By: Print name: Title: Date Signed:  By: Print  name: Scott Sigmon Title: Vice President Date Signed:  5/20/2024  Exhibit K- Amendment to Owner-Engineer. Agreement. EJCDCO E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 20141 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. All rights reserved.  Page2 302    DocuSign Envelope ID: 63E290E8-EDBO-4B04-9DF1-DS861084F971  ATTACHMENTA SCOPE OF SERVICES CITY OF GREENVILLE,NC  PUBLIC WORKS STORMWATER PIPE: IMPROVEMENT PHASE2-CONSTRUCTION  ADMINISTRATION AND OBSERVATION SERVICES  MAY15,2024  CONSULTANT provided services  The following services shall be provided by the CONSULTANT:  1.0 PROJECT ADMINISTRATION  The CONSULTANT will administer the project in a manner sO as tol be responsive to the needs and schedule of the Owner and assure the quality of the product. The following project administration  efforts will include but notl be limited to the following items: 1.1 Project Formulation and Work Plan Manual  The CONSULTANT shall develop Project Work Plan Manual, perform project planning and formulation and shall manage the process to ensure the quality control program throughout the life  of the project.  1.2 Project Billing Administration  The CONSULTANT shall oversee the project team relative to ensuring budget, schedule and conformance to the project scope on a day-to-day basis up to eight (8) months from City Council approval of the construction contract. The CONSULTANT shall also provide a minimum of three project contacts for the Owner sO that at any time someone familiar with the project can be available Also, the CONSULTANT shall maintain a project cost accounting system throughout the life of the project and will maintain a project filing system throughout the life of the project to use for storage This task also includes update the project schedule (formally) if during the life of the project a substantial deviation in the schedule occurs for any reason, where additional monthly management fees shall bei renegotiated if the schedule is substantially extended. All other minor schedule updates  tot the Owner if questions, comments, concerns, or other project needs arise.  and retrieval of project documents.  will occuri in the monthly project reporting.  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Page 1  303    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  All project final deliverables will be certified (signed, sealed and dated) by a professional engineer and/or surveyor registered in the state of North Carolina. CONSULTANT will participate in project Project Management is anticipated to occur on an ongoing basis throughout the entire project for up  closeout and ensure: it is completed on a timely basis. to eight (8) months from Notice to Proceed. 1.3 Monthly Status Meetings  The CONSULTANT shall meet with the Owner's Project Team as appropriate throughout the life of thej project via conference call or be available to answer project related questions on a regular basis via phone calls and email. It is assumed that the CONSULTANT will attend four (4) monthly progress meetings in Greenville. Iti is assumed the rest of the monthly status meetings willl bel held virtually.  1.4 Monthly Status Reports  The CONSULTANT shall prepare and submit via email a monthly progress report to update the project schedule, list milestones achieved, provide current status of each major task, support and document schedule changes, update product costs and justify any proposed changes to the schedule or budgets. Monthly progress reports are due at the end of each month and shall approximately coincide with monthly project invoicing. It is assumed that eight (8) monthly status reports will be  prepared.  2.0 CONSTRUCTION ADMINISTRATION 2.1 Pre-Construction Meetings  The CONSULTANT shall conduct both the Utility Pre-Construction and Overall Pre-Construction Meeting with the Contractor's representatives, utility companysrepresematives, GUC: staff, the City's staff, and the CONSULTANT'S sub-consultants as necessary. The CONSULTANT shall provide assistance to the City as needed during these meetings in interpreting the plans and specifications, answering the Contractor's questions and attending a site walk with the Contractor. The  CONSULTANT will provide Meeting documentation for projectrecords.  2.2 Monthly Construction Progress Meetings  Exhibit A- Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 20141 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Page 2  304    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  The CONSULTANT shall conduct monthly scheduled construction progress meetings with the Contractor's representatives, the City's staff, and the CONSULTANT'S sub-consultants as necessary. Such meetings shall be maintained throughout the entire construction period and shall be for the primary purpose of assessing the progress of the work. The CONSULTANT will provide Meeting documentation for project records. Itis assumed that there will be no more than eight(8) monthly  construction progress meetings. 2.3 Construction Oversite Visits  The CONSULTANT shall conduct periodic Construction Oversite visits to ensure the Contractor's work is conforming to the Construction Contract Documents and will provide assistance in interpreting the plans and specifications. These site visits will occur more regularly during specialty iteminstallation, including the channel installation, Cast-in-Place Structures, Active! Shoring and deep pipei installation. It is assumed that at least one (1) visit per month will occur outside of the regularly  scheduled Construction Progress Meetings. 2.4 Contractor Pay Application Review and. Approval  The CONSULTANT shall promptly review and approve or take other appropriate action upon the Contractor's submittals of their monthly payment application. During this review, the CONSULTANT shall verify that each requested payment item conforms with the design concept expressed in the Construction Contract Documents. The CONSULTANTS action shall be taken with such reasonable promptness as to cause no delayi ini the work ori in the Project schedule. Itis assumed  that there willl bei no more than cight(8_payment: applications to evaluate.  2.5 Shop Draing Reviews  The CONSULTANT shall promptly review and approve or take other appropriate action upon the Contractor's submittals such as shop drawings, product data and samples for the purpose of: (1) compliance with applicable laws, statutes, ordinances, codes, orders, rules and regulations; and (2) determining whether or not the work, when completed, will be in conformance with the design concept expressed in the Construction Contract Documents. The CONSULTANTS action shall be taken with such reasonable promptness as to cause no delay in the work or in the Project schedule. The CONSULTANTS approval of a specific item shall not indicate approval of an assembly of which thei item is a component. The CONSULTANT shall receive contractor submittals for compliance with contract documents, review them, and properly distribute to the contractor and City. It is assumed  that there willl bei no more than twenty-five (25) contractor submittals to evaluate.  2.6 Respond to Contractor's Requests for Information  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Page 3  305    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  The CONSULTANT shall promptly review and respond to the Contractor's Requests for Information (RFI) with such reasonable promptness as to cause no delay in the work or in thel Project schedule. It  isa assumed that there will be no more than forty(40) RFIs will be evaluated.  2.7 Negotiate, Review and Prepare Change Orders  The CONSULTANT shall promptly review and respond to the Contractor's Requests for Change Orders with such reasonable promptness as to cause no delay in the work or in the Project schedule. The CONSULTANT will work with the Contractor and the City to make sure each Change Order reflects the value of the additional work proposed and that the proposed quantities fall within conformance tot the Construction ContractDocuments. Itis assumed that noi more than four (4) change  orders will be evaluated. 2.8 Issue Bulletin Drawings  The CONSULTANT shall, as needed, promptly create and issue any Bulletin Construction Drawings withs such reasonable promptness as to cause: no delay in the work ori in thel Project schedule. Bulletin Construction Drawings will bei issued to address any field changes or design clarifications that might arise during construction. It is assumed that there will be no: more than seven (7) bulletin drawings  willl bei issued.  2.9 Conduct Final Inspection  The CONSULTANT is responsible for scheduling and conducting a pre-final site visit to establish initial punch list items. The CONSULTANT shall conduct ai final review of the Project with the City's Project Manager and appropriate Project Stakeholders to check conformance of the work with the requirements of the Construction Contract Documents. The City shall issue the formal letter of  acceptance and set the date for thel beginning of the warranty phase.  2.10 Record Drawings  The CONSULTANT shall comply with the requirements in the "Issuance of Record Drawings" promulgated by the North Carolina Board of Examiners for Engineers and Surveyors. These requirements specify how to produce, collect, and maintain records regarding infrastructure improvement designs and changes made to such designs during the construction process.  a. Completion of Construction  The CONSULTANT'S Observer shall finalize the annotated final drawings by ensuring that annotations describing field changes have been added and that the additions are complete and  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Page 4  306    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  clear. The annotations should include any sketches, narratives, dimensions or other information  that may bel helpful in describing the changes.  b. Compilation and Certification  The CONSULTANT will review the annotated plan set to the "designer of record" to determine if there were obvious errors or changes to the intent of the design and for the purposes of creating "Record Drawings" for the Project. The "designer of record" is thel Engineer who sealed the final design drawings, approving them for construction. The CONSULTANT shall use the annotated plan set to develop a set of "Record Drawings," generally within four (4) calendar weeks. The Ift the CONSULTANT did not personally observe or verify the changes, the CONSULTANT shall indicate the source of the information for the changes and provide language disclaiming any The CONSULTANT shall sign and seal the "Record Drawings" in accordance with NCI Board of Examiners for Engineers and Surveyors rules to ensure that the information is ready for release and has been reviewed by aj professional engineer. The CONSULTANT submits the signed and TheCONSULTANT: shall submit one (1) set of reproducible "Record Drawings" and theannotated  drawings may be edited by hand instead of editing the AutoCAD: file.  personal field verification.  sealed "Record Drawings" to the City's Project Manager.  drawings they arel based upon to the City's Project Manager for review.  2.11 One Year Warranty Inspection and Issue Warranty List  The CONSULTANT shall conduct with appropriate City officials and Contractors' representatives, one Warranty-phase inspections for the Project, at eleven (11) months after the beginning of the  guarantee period.  3.0 RESIDENTPROIECTREPRESENTATIVE MANAGEMENT  3.1 Resident Project Representative Resident Project Representative.  The following scope highlights the Duties, Responsibilities and Limitations of Authority of the  A. CONSULTANT shall furnish a Resident Project Representative ("RPR") to assist CONSULTANTin observing progress and quality of the Work. The RPR: may provide full time representation or may provide representation to a lesser degree. RPR is  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 20141 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Page! 5  307    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  CONSUITANTmPeLIne at the Site, will acta as directed by and under thes supervision OfCONSULTANT, and will confer with CONSULTANT regarding RPR's actions. B. Through RPR's observations of the Work, including field checks of materials and installed equipment, CONSULTANT shall endeavor to provide further protection for Owner against defects and deficiencies int the Work. However, CONSULTANT: shall not, as a result of such RPR observations of the Work, supervise, direct, or have control over the Work, nor shall CONSULTANT (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident tot the Work or any Constructor's worki inj progress, for the coordination of the Constructors work or schedules, or for any failure of any Constructor to comply with Laws and Regulations applicable to the performing and furnishing of its work. The CONSULTANT (including RPR) neither guarantees the performances of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform the Work, or any portion of the Work, in accordance with the Construction Contract Documents. In addition, the specific terms set forth in Exhibit. A, Paragraph A1.05, of this Agreement are applicable.  The duties and responsibilities of thel RPR are as follows:  1. General: RPR's dealings in matters pertaining to the Work in general shall be with CONSULTANT and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, schedulec ofvalues, and others schedules prepared by Contractor and consult 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction. conferences, progress: meetings, jobo conferences, and otherProject-related meetings (but not including Contractor's safety meetings), and as appropriate prepare and circulate 4. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to dos sO by such safety programs, receive safety training specifically related to  CONSULTANT.  with CONSULTANT concerning acceptability ofs such schedules.  copies of minutes thereof.  RPR's own personal safety while at the Site.  5. Liaison:  a. Serve as CONSULTANT'S liaison with Contractor. Working principally through Contractorsauthorized representative or designee, assisti inj providinginformation regarding thej provisions and intent of the Construction Contract Documents. EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies,  Exhibit A- - Engineer's Services  and American! Society of Civil Engineers. All rights reserved.  Page 6  308    DocuSign Envelope ID: 63E290E8-EDBO-4B04-9DF1-DS861084F971  b. Assist CONSULTANT in serving as Owner's liaison with Contractor when  Contractor's operations affect Owner's on-Site operations.  Assist in obtaining from Owner additional details or information, when required  for proper execution of the Work.  6. Clarifications and Interpretations: Receive from Contractor submittal of any matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests fori information or interpretation-RES, or relating tot the acceptability of the Work under the Construction Contract Documents. Report to CONSULTANT regarding such RFIs. Report to CONSULTANT when clarifications andi interpretations of the Construction Contract Documents arei needed, whether: ast the result of a Contractor RFI or otherwise. Transmit CONSULTANT'S clarifications,  interpretations, and decisions to Contractor.,  7. Shop Drawings and Samples:  a. Record date of receipt of Samples and Contractorapproved Shop Drawings. b. Receive Samples that are furnished at the Site by Contractor, and notify  CONSULTANT of availability of Samples for examination.  AdVseCONSULTANT: and Contractor of thecommencement of any portion oft the Work requiring a Shop Drawing or Sample submittal, if RPR believes that the submittal has not been received from Contractor, or has not been approved by  Contractor or CONSULTANT.  8. Proposed Modifications: Consider and evaluate Contractor's suggestions for modifications to the Drawings or Specifications, and report such suggestions, together with RPR's recommendations, if any, to CONSULTANT. Transmit CONSULTANT'S  response (if any) to such suggestions to Contractor.  9. Review of Work; Defective Work:  a. Report to CONSULTANT whenever RPR believes that any part of the Work is defective under the terms and standards set forth in the Construction Contract Documents, and provide recommendations as to whether such Work should be corrected, removed and replaced, or accepted as provided in the Construction b. Inform CONSULTANT of any Work that RPR believes is not defective under the terms and standards set forth in the Construction Contract Documents, but is nonetheless not compatible with the design concept of the completed Project as a  Contract Documents.  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 20141 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Page7  309    DocuSign Envelope ID: 63E290E8-EDBO-4B04-9DF1-DS861084F971  functioning whole, and provide recommendations to CONSULTANT for Advise CONSULTANT of that part of the Work that RPR believes should be uncovered for observation, or requires special testing, inspection, or approval.  addressing such Work.;and  10. Inspections, Tests, and System Start-ups:  a. Consult with CONSULTANT in advance of scheduled inspections, tests, and b. Verify that tests, equipment, and systems start-ups and operatingandi maintenance training are conducted ini the presence of appropriate Owner's] personnel, and that Observe, record, and report to CONSULTANT appropriate details relative to the d. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited toi those tol be performed by public or other Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results of these inspections, and report to  systems start-ups.  Contractor: maintains adequate records thereof. test procedures and systems start-ups.  agencies havingi jurisdiction over the Work.  CONSULTANT.  11. Records:  a. Maintain at the Site orderly files for correspondence, reports of job conferences, copies of Construction Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Construction Contract, RFIs, CONSULTANT'S clarifications and interpretations of the Construction Contract Documents, progress reports, approved Shop Drawing and Sample submittals, and other b. Preparead daily report or keep a diary or logl book, recording Contractorshourson the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, daily activities, decisions, observationsin; general, ands spedificobservations: ini morec detail asi ini the case of observing test procedures; and send copies to CONSULTANT. Upon request from Owner to CONSULTANT, photograph or video Work in  Project-related documents.  progress or Site conditions.  Exhibit A Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Page 8  310    DocuSign Envelope ID: 63E290E8-EDBO-4B04-9DF1-DS861084F971  d. Record and maintain accurate, up-to-date lists of the names, addresses, fax numbers, e-mail addresses, websites, and telephone numbers (including mobile numbers) of all Contractors, Subcontractors, and major Suppliers of materials and  equipment.  Maintain records for use in preparing Project documentation.  Upon completion of the Work, furnish original set of all RPR Project  documentation to CONSULTANT.  12. Reports:  a. Furnish to CONSULTANT periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop b. Draft and recommend to CONSULTANT proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. Furnish to CONSULTANT and Owner copies of all inspection, test, and system d. Immediately inform CONSULTANT of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, possible force majeure or delay events, damage toj propertybyf fire or other causes, ort the discovery of any potential  Drawing and Sample submittals.  start-up reports.  differing site condition or Constituent of Concern.  13. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to CONSULTANT, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and 14. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to CONSULTANT for review and forwarding to Owner prior to payment for that part of the Work.  equipment delivered at the Sitel but not incorporated in the Work.  15. Completion:  a. Participatei in CONSULTANT'S visits toi the Sitei regarding Substantial Completion, assist in the determination of Substantial Completion, and prior toi the issuance of  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies,  and American! Society of Civil Engineers. All rights reserved.  Page 9  311    DocuSign Envelope ID: 63E290E8-EDBO-4B04-9DF1-DS861084F971  a Certificate of Substantial Completion submit a punch list of observed items b. Participate in CONSULTANT'S visit to the Site in the company of Owner and Contractor, to determine completion of the Work, and prepare a final punch list of Observe whether alli items ont the final punch list havel been completed or corrected, and make recommendations to CONSULTANT concerning acceptance and  requiring completion or correction.  items tol be completed or corrected by Contractor.  issuance of the Notice of Acceptability of the Work (Exhibit E).  D. Resident Project Representative shall not:  1. Authorize any deviation from the Construction Contract Documents or substitution of 2. Exceed limitations of CONSULTANTSauthensy as set forth in this Agreement. 3. Undertake any oft the responsibilities of Contractor, Subcontractors, or Suppliers, orany 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Work, by Contractor or any other 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of 6. Participate in specialized field or laboratory tests or inspections conducted off-site by 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor.  materials or equipment (including "or-equal" items).  Constructor.  Constructor.  Owner or Contractor.  others except as specifically authorized by CONSULTANT.  8. Authorize Owner to occupy the Project in whole ori in part.  3.2 Resident Project Representative Management  The CONSULTANT will provide management of the full-time resident project representative to ensure that all duties, responsibilities and authority as outlined in Exhibit D is executed per this contract. This will include management of a full-time on-site residential construction observer who  will: represent the CONSULTANT and the City for the duration of this contract.  Exhibit A- Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page 10  312    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  4.0 CONSTRUCTION MATERIALS TESTING SERVICE 4.1 Construction Materials Testing Service  The CONSULTANTY will provide testing technicians to perform construction material testing services. These technicians will be working under the supervision of a project manager and professional engineer who are familiar with the project testing requirements. The following scope of services are  anticipated for this project:  Soils  Obtaining samples of structural fill/backfill material for laboratory testingo consisting of  soil classification and Standard Proctor.  Perform spot-check density tests ofl backfill over thei installed utilities.  Asphalt  Observing asphalt placement and performing random nuclear density tests on the At the time of placement, the concrete will be sampled for compressive strength tests,  asphalt. Concrete Testing  slump and air content tests, and the concrete temperature. Laboratory compressive strength testing.  The results of these observations and testing will bej presented in al Daily Report that willl bej provided Iti is assumed that the testing technician will be onsite for 32 weeks with an average of1 visit per week for 10hours each day toj perform the above-mentioned tests. Iti is assumed that the construction testing project manager will make 2 site visits, averaging 61 hours per visit. It is assumed that a construction testing Professional Engineer will make 1 site visit, averaging 81 hours per visit, toj provide engineering  tot the RPR.  support services.  4.2 Construction Materials Testing Service Management  The CONSULTANT will provide management of the construction materials testing effort to ensure that all duties, responsibilities and authority as outlined in Section 4.1 is executed per this contract. This will include management of the material testing technician, material testing project manager and material testing Professional Engineering who will represent the CONSULTANT and the City while  on-site for the duration of this contract.  Exhibit A- Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page 11  313    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  5.0 UNSPECIFIED ADDITIONAL SERVICES  Engineering services described in this Scope do not include certain categories of work, which are usually referred to as Unspecified Additional Services." The Engineer will provide Unspecified Additional Services only upon receipt of written authorization from the City. To the extent possible, the CONSULTANT willi notify the City in advance if thei need for Unspecified. Additional  Services is anticipated. Additional Unspecified Services include:  Additional Hourly Services not listed above under "Scope of Services." Services, which are identified and authorized in writing by the City.  Other protessional services related to thel Project, but not specifically described ini this Scopeof  6.0 REIMBURSABLES  Reimbursables shall include costs for reproduction of plans (if required), specifications, exhibits, color exhibits, general correspondence, etc.; postage and courier fees; travel, meals, and lodging; and other  miscellaneous expenses.  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page 12  314    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  Compensation For Basic Services (other than Resident Project Representative) - Standard Hourly  Rates Method of Payment  A. Owner shallj pay CONSULTANT for Basic Services set forth in Exhibit A, except for services 1. An amount equal to the cumulative hours charged to the Project by each class of CONSULTANT'S personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and 2. The Standard Hourly Rates charged by the CONSULTANT constitute. full and complete compensation for CONSULTANT'S services, including labor costs, overhead, and profit; the Standard Hourly Rates do not include Reimbursable Expenses or 3. CONSULTANT'S Reimbursable Expenses Schedule and Standard Hourly Rates are 4. The total compensation for services under Paragraph C2.01 is estimated to be $643,700.001 based on the following estimated distribution of compensation:  OfCONSULTANT'S Resident Project Representative, ifa any, as follows:  CONSULTANT'S Consultants' charges, ifa any.  CONSULTANT'S Consultants' charges.  attached to this Exhibit Ca as Appendicesland2  Phase Task 1.0  Description Project Management  LSI Fee $ 23,500.00  1.1 Project Formulation and Work Plan Manual $ 4,700.00  1.2 Billing Administration 1.3 Monthly Status Meetings 1.4 Monthly Status Reports Construction Administration  $ $ $  9,300.00 6,400.00 3,100.00 217,100.00 $ 11,600.00  2.0  Pre/Construction/Utliy Pre-Con  2.1 Meeting  Exhibit A- Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page 13  315    DocuSign Envelope ID: 63E290E8-EDBO-4B04-9DF1-DS861084F971  Monthly Construction Progress Construction Oversite  2.2 Meetings 2.3 Visits  $ 52,000.00 $ 21,800.00 $ 10,400.00 $ 34,700.00 $ 23,800.00 $ 10,100.00 $ 16,700.00 $ 8,000.00  Contractor Pay. Application Review and  2.4 Approval  2.5 Shop Drawing Review 2.6 Information 2.7 Orders  Respond to Contractor's Requests for Negotiate, review and prepare Change  2.8 Issue Bulletin Drawings 2.90 Conduct Final Inspection  Record 2.10 Drawings  $ 18,300.00  One Year Warranty Inspection and Issue Resident Construction Observation 3.1 Resident Construction Observation Resident Construction Observation Construction Materials Testing  2.11 Warranty List  $  9,700.00 $ 336,500.00 $ 140,000.00 $ 196,500.00 $ 42,100.00 $ 38,100.00  3.0  3.2 Management  4.0  Services  Construction Materials Testing Services-  4.1 F&R  Exhibit A- Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page 14  316    DocuSign Envelope ID: 63E290E8-EDBO-4B04-9DF1-DS861084F971  Construction Materials Testing  4.2 Management-WKD  $  4,000.00 $ 15,000.00 $ 9,500.00  5.0 6.0  Unspecified Additional Services Project Reimbursables  $ 643,700.00  The subtotal, excluding the total RPR-1 Fee, is $503,700.00. As indicated in the Compensation Packet RPR-1, the total RPR-1 feei is $140,000. The overall Contract fee, including the above stated base compensation and RPR-1 Fee is $643,700.00. 5. CONSULTANT: may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but shall: not exceed thet total contract amount of $643,700.00 unless approved in writing by Owner. The total estimated compensation for CONSULTANT'S services incorporates all labor, overhead, profit, Reimbursable Expenses, and CONSULTANT'S Consultants' charges B. Period of Service: The compensation amount stipulated above is conditioned on a period of service not exceeding 14 months. If such period of service is extended, the compensation  amount for CONSULTANT'S: services shall be appropriately adjusted.  Compensation for Resident Project Representative Basic Services - Standard Hourly) Rates Method  of Payment follows:  C. - Owner shall pay CONSULTANT for Resident Project Representative Basic Services as 1. Resident Project Representative. Services: Forservicesof CONSULTANT'S: Resident Project Representative, if any, under Paragraph D1.01 of Exhibit D, the Standard Hourly Rate amount of $100 per hour. The total amount for this servicei is $140,000.00. The Standard Hourly Rate Schedule includes compensation for thel Resident Project Representatives services. Appropriate amounts have been incorporated in the Standard Hourly Rate Schedule to account for labor costs, overhead, profit, and expenses (other than any expressly allowed Reimbursable Expenses) related to the Resident Project  Repreenativesservics.  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page 15  317    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  2. Resident Project Representative Schedule: The Standard Hourly Rate Schedule: is based on full-time RPR services on an eight-hour workday Monday through Friday over an eight-month construction schedule. Modifications to the schedule shall entitle the CONSULTANT to an equitable compensation adjustment for RPR: services.  Standard Hourly Rate Schedule is subject to review and adjustment. The Standard Hourly Rates for  this contract as of the date of the. Agreement are:  PROJECT ADMINISTRATION (WKD) PROJECT ADMINISTRATION (RIVERS) RESIDENT CONSTRUCTION OBSERVER (RIVERS) $100/hour SENIOR DESIGNER (WKD) PROJECT ENGINEER (WKD) TECHNICAL MANAGER (WKD) $220/hour CONSTRUCTION ADMINISTRATOR ENGINEER (RIVERS) $163/hour SENIORI PROJECT MANAGER (WKD) $245/hour SENIOR PROJECT MANAGER (RIVERS) $205/hour  $90/hour  $84/hour  $155/hour $175/hour  For any hourly amendments toi this contract that are outside of the Overall Contract Fee, including the stated base compensation, the RP1-Fee and Unspecified Additional Services, ai multiplier cap shall be placed on all hourly rates. Office and Field Personal hourly rates will be set at a 3.25 and 2.75  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page 16  318    DocuSign Envelope ID: 3E290E8-EDBO-4B04-9DF1-DS861084F971  multiplier, respectively. A Standard Hourly Rate Schedule that will be mutually agreed upon by the CONSULTANT and Owner will be prepared at the time oft the requested contract amendment.  Exhibit A- - Engineer's Services  EJCDC E-500, Agreement Between Owner and Engineer for Professional Services. Copyright 0: 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American! Society of Civil Engineers. Allr rights reserved.  Page 17  319    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Titleo of] Item: Explanation:  Reimbursement Resolution for the Proposed Replacement ofa Stormwater Pipe This item is for the City Council to approve the reimbursement resolution for the proposed replacement ofthe Stormwater Pipe that runs along the southern side of the Public Works Complex. The project will be funded with a combination of ARPA funding andi installment financing. The City will issue installment financing in March of 2025. The financing will include partial funding for the Stormwater Pipe replacement and the completion of the BUILD Grant project. Spending for this project is scheduled tol begin in November. StaffisI requesting approval of the attached reimbursement resolution, which will allow the City to reimburse itself for costs expended prior to the actual installment purchase The reimbursement resolution is in the amount of$1,200,000.  transaction for this project.  Fiscal Note:  Recommendation: Approve the attached reimbursement resolution  ATTACHMENTS  Stormwater Pipe Reimbursement Resolution.docx  Item #15.  320    RESOLUTION NO.  RESOLUTION OFT THE CITY COUNCIL OFTHE CITY OF GREENVILLE, NORTH CAROLINA,  DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE CONSTRUCTIONOFA  STORMWATER PIPE REPLACEMENT  WHEREAS, the City of Greenville, North Carolina (the "Issuer") is aj political subdivision WHEREAS, the Issuer has paid, beginning no earlier than June 1, 2024, and will pay,on and after the date hereof, certain expenditures (the "Expenditures") in connection with the acquisition of public infrastructure, as described in more detail in Exhibit A attached hereto (the  organized and existing under the laws of the State of North Carolina; and  "Project"); and  WHEREAS, the City Council of the Issuer (the "City Council") has determined that those moneys previously advanced no more than 60 days prior to the date hereof and to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to: reimburse the Issuer for the Expenditures from the proceeds of one or more issues  oftax-exempt obligations (the Tax-Exempt Obligations"); GREENVILLE, NORTH CAROLINA, as follows:  NOW, THEREFORE, BEI ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OF Section 1. The City Council hereby declares the Issuer's intent to reimburse the Issuer with the proceeds of the Tax-Exempt Obligations for the Expenditures with respect to the Project made on and afterJune 1,2024, which date is no more than 60 days prior to the date hereof. The Issuer reasonably expects on the date hereof that it will reimburse the Expenditures with the  proceeds of the Tax-Exempt Obligations.  Section 2. Each Expenditure was and will be either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date ofthel Expenditure), (b) a cost ofissuance with respect to tax-exempt financings, (c) ai nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a party that is not related to or an agent of thel Issuer sol long as such grant does not impose any obligation or condition  (directly ori indirectly) to: repay any amount to or for the benefit of the Issuer.  Section 3. The maximum aggregate principal amount of the Tax-Exempt Obligations Section 4. The Issuer will make a reimbursement allocation, which is a written allocation by the Issuer that evidences the Issuer's use of proceeds of tax-exempt financings to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid  expected to be issued for the Project is $1,200,000.  321    or the respective Project with respect to which such Expenditure is paid is placed in service or abandoned, but ini no event more than three years after the date on which the Expenditure is paid. The Issuer recognizes that exceptions are available for certain "preliminary expenditures," costs of issuance, certain de minimis amounts, expenditures by "small issuers" (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least five  years.  Section 5. This resolution shall take effect immediately upon its passage.  PASSED AND ADOPTED this 10th day of June, 2024.  P.J. Connelly, Mayor  Attested to:  Valerie P. Shiuwegar, City Clerk  322    EXHIBIT A  To Resolution No.  DESCRIPTION OF PROJECT Stormwater Pipe Replacement  Project Description  The City of Greenville is replacing the corrugated metal pipe that runs along the southern side of the Public Works complex. The existing 84-inch pipe conveys water: from Skinner Street through the Public Works facility to Beatty Street. Due to corrosive soil conditions, the pipe has deteriorated. The corrosion of the bottom of the pipe has accelerated and has caused the integrity of the pipe to be compromised. Several sinkholes have formed at the Public Works facility. This Phase is 500 feet long and includes rerouting, replacing, and upsizing the existing stormwater drainage system from approximately 1,300: feet upstream of Beatty Street to the existing upstream headwall on Skinner Street with an 8' x 8' RCBC within the general area of the City of Greenville  Public Works yard.  323    CITY OF GREENVILLE NORTH CAROLINA  CERTIFICATION OF THE CITY CLERK  Ihereby certify that Ia am the duly appointed and acting City Clerk oft the City of Greenville, North Carolina, and as suchIam the legal custodian ofthe Official Minutes and Records of the City of Greenville, North Carolina. Ifurthera attest and certify that the foregoing is a true copy of] Resolution No.. -24, which was duly adopted by the Greenville City Council at Inv witness whereof, IH have hereunto: set my hand and the official seal of the City of  theirn meeting held on! June 10, 2024  Greenville, North Carolina, on this the 10th day ofJune, 2024.  Valerie P. Shiuwegar City Clerk  SEAL  324    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item: Explanation:  Resolution Approving an Exchange of Property with thel Pitt County Board of Education for Development and Use ofal New Fire/Rescue Station North Carolina General Statute 160A-274 provides authority for any governmental unit upon such terms and conditions as it deems wise, with or without consideration, to exchange with, lease to, lease from, sell to, or purchase from any other governmental unit any interest ini real or personal property. Pitt County Schools is the owner of an approximately eighty-eight (88.42) acre tract, Tax Parcel 60143, which has been subdivided and surveyed to create ai new four (4) acre tract called "New Lot", more specifically described as lying to the The Pitt County Board of] Education has determined it has no immediate or foreseeable use ofs such property and deems it wise to convey the four (4) acre tract in fee simple absolute, along with any necessary dedication easements, to the City of Greenville for development and use ofai new Fire/Rescue station. The City of Greenville in exchange has agreed to fund placement ofa Rectangular Rapid Flashing Beacon on Arlington Boulevard, Greenville, NC, at the existing crosswalk in front ofJ.H. Rose High School and an additional traffic safety pedestrian improvement at a school location within the City of Greenville tol be later determined, for a total amount not to exceed fifty-six thousand dollars Pursuant to NCGS 160A-274 no advertising notice or other procedural The City willl be required to fund placement of a traffic safety pedestrian crosswalk signal and an additional traffic safety pedestrian crosswalk signal near schools within Pitt County (see above explanation) for an amount not to exceed  north of Forlines Road and east of Vineyard Drive.  ($56,000).  requirements are required.  Fiscal Note:  fifty-six thousand dollars ($56,000).  Recommendation: Approve the resolution authorizing the exchange of property with the Pitt  County Board ofl Education for development and use ofai new Fire/Rescue  station.  ATTACHMENTS  Item #16.  325    FILCA.BO.Cly,t.GremcPepehamg_Reahutimpar Pitt_ County_BOE.COGJ rropervyExchange_Agreementpdr Final Plat Fire Station beside SCHS 05-03-24-1430.pdr:  Item #16.  326    RESOLUTION NO.  RESOLUTION APPROVING AN EXCHANGE OF PROPERTY WITH THE PITT COUNTY BOARD OF EDUCATION  WHEREAS, the Pitt County Board of] Education ("Board") owns an 88.42-acre tract, Tax Parcel 60143, and this tract has been surveyed and subdivided and ai new four (4) acre tract called "New Lot" has been created, more specifically described as lying to the north of Forlines Road  and east of Vineyard Drive;  WHEREAS, NCGS $ 160A-274 authorizes the exchange of real or personal property by the City from another governmental entity "upon such terms and conditions as it deems wise,  with or without consideration";  WHEREAS, the Board wishes to convey this NEW LOT via a general warranty deed in Fee Simple Absolute to the City of Greenville ("City") for the public purpose of the City developing, constructing, and operating a new Fire/Rescue station along with necessary drainage  and sewer easements;  WHEREAS, the Board desires the City to fund placement of traffic safety pedestrian improvements at two different locations near or adjacent to Board Public Schools in an amount not to exceed fifty-six thousand dollars ($56,000). The City shall acquire the traffic safety  pedestrian device equipment and install the devices;  WHEREAS, the City and Board agree to exchange the above-described properties; and WHEREAS, there are no advertising, notice, or other procedural requirements under NOW, THEREFORE, BE ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OF The exchange of property by and between the City and the Board is hereby approved, said exchange involving the New Lot (described above) being conveyed to the City, and the City  NCGS $ 160A-274;  GREENVILLE, NORTH CAROLINA, THAT:  acquiring and installing the devices for the benefit ofthe Board.  Atclosing thel Board shall convey to the City fee simple title tot the "NEWI LOT" via general warranty deed, such NEW LOT more specifically described as a four (4) acre tract described as lying to the north of Forlines Road and east of Vineyard Drive. And in exchange the City will acquire equipment and fund installation of traffic safety pedestrian improvements not to exceed  fifty-six thousand dollars ($56,000).  Further, the Board agrees to convey to the City dedication easements necessary for the  future operation oft the mutually contemplated Fire/Rescue station.  DM1 1194602v.6  327    Either the Mayor or City Manager is authorized to execute the appropriate instruments  necessary to carry out the exchange.  This the  day of  2024.  P.J.Connelly, Mayor  ATTEST:  Valerie Shiuwegar, City Clerk  DM1 1194602v v.6  328    PROPERTYEXCHANGEAGREEMENT  BETWEEN PITTCOUNTY BOARD OF DICATONANDCTYOE GREENVILLE This PROPERTY EXCHANGE. AGREEMENT ("Agreement"): is entered into on the entity organized and existing under the laws ofthe State ofNorth Carolina, whose principal officei is located at 1717 West Fifth Street, Greenville, NC, 27834 (hereinafter referred to as "Board") and the City of Greenville ("City"), al body politic and corporate organized under the laws oft the State of North Carolina (hereinafter referred to as "City"), whose address is 200 West Fifth Street, Greenville, NC, 27858, who for valuable consideration received, agree as follows. This Agreement is effective upon the date first written  day  of  2024, by and between' Thel Pitt County Board of] Education ("Board"), aj public educational  above ("Effective Date").  WITNESSETH  WHEREAS, the Board owns 88.42 acres of property, which is identified as Parcel ID 60143, lying Whereas, thel Board agrees to survey ands subdivide Parcel ID 60143 and create an out parcel(NEW LOT), approximately four (4) acres of property, in order for the City to place the entire new Fire/Rescue station (building and grounds) within the boundaries of the NEWLOT, along with necessary drainage and WHEREAS, North Carolina General Statute $ 160A-274 provides any governmental unit may with or without consideration, exchange, lease, sell to or purchase from any other governmental unit any interest WHEREAS, the Board has determined it has no current or foreseeable need for the beforementioned NEW: LOT, four (4) acres of property, and plans to exchange such property with the City WHEREAS, thel Board desires the Cityt to fund placement ofal Rectangular Rapid Flashing Beacon on Arlington Boulevard, Greenville, NC, at the existing crosswalk in front ofJ.H. Rose High School and an additional traffic safety pedestrian improvement at a school location within the City ofG Greenville tol be later determined and the combined cost of both signal placements not to exceed an amount of fifty-six thousand dollars ($56,000). Parties agree and acknowledge this process should take between eight (8) to WHEREAS, City desires to use the aforementioned NEWI LOT, that lies adjacent to South Central High School on Forlines Road, for the development and operation ofa future Fire/Rescue Station. WHEREAS, the Board wishes to cooperate and aid City to develop the additional Fire/Rescue Station in order to keep residents, students, schools, and businesses in that area of the City safe.  to the north of Forlines Road and east of Vineyard Drive.  sewer easements.  ini real or personal property;  ina accordance with North Carolina General Statute 160A-274.  ten (10) months from the date ofthis agreement.  NOWTHEREFORE, in consideration ofthe mutual covenants, promises, and conditions herein set forth and other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, the Parties hereto, intending tol be legally bound hereby, Board and City hereby understand  and agree as follows:  DM: 1194768 v.3  329    SECTIONI GENERAL: PROVISIONS  1)  SUBDIVISION Board agrees to survey and subdivide Parcel ID 60143 and create an out  parcel (NEW LOT), approximately four (4) acres of property, in order for the City toj place the entire new Fire/Rescue station (building and grounds) within the boundaries oft the NEW: LOT, along with necessary  drainage and sewer easements.  2) 3)  This survey and subdivision shall be in accordance with direction from City such that the CONVEYANCE. & EXCHANGE: Thel Board agrees to convey, and City agrees to accept  resulting parcel iss suitable to accommodate thel Fire/Rescue station (building and grounds).  all of the Board's right, title and interest in the NEW LOT. The City agrees to fund placement of a Rectangular Rapid Flashing Beacon on Arlington Boulevard, Greenville, NC, at the existing crosswalk in front ofJ.H. Rosel High School and an additional traffic safety pedestrian improvement at a school location, yet to be determined, within the City of Greenville, and the combined cost of placement of both signals shall not exceed fifty-six thousand dollars ($56,000). City agrees it shall utilize the above referenced (a) Title. At Closing, Board shall convey to the City fee simple title to the NEW LOT by general warranty deed, free and clear of defects or encumbrances, except for any encumbrances permitted by the City as further described on Exhibit B attached hereto and incorporated by reference. Board shall satisfy at Closing any lien or unpaid delinquent taxes, deeds of trust, contractor's or materialmen's liens and any other liens that encumber the NEW: LOT except the lien of property  property fort the development and operation ofai new Fire/Rescue Station.  taxes for the year of Closing, which shall be prorated at Closing. (b) Closing Documents. At Closing, the Board shall deliver to City the following:  i. ii. ii. iv. V. 4)  An executed general warranty deed conveying NEWI LOT to City. An executed affidavit regarding liens establishing that there are no lien claims of mechanics, laborers and materialmen on NEW: LOT. An executed settlement statement. An executed Non-foreign. Affidavit.  Evidence oft thel Board's authority to complete thet transaction contemplated herein. TAXES, CLOSING COSTS, ETC. Taxes and assessments for the current calendar year  shall be prorated at Closing. All costs associated with the conveyance of the Lot and close of this transaction shall be paid as is customary in commercial transactions. Any cost and/or fees incurred by the City or County in executing this Agreement shall be borne by the respective party incurring such costs  and/or fee. Each party shall pay their own respective attorney fees.  5)  ORALAGREEMENIS AND REPRESENTATIONS. This Agreement represents the  final and complete expression oft thel Parties hereto with respect to the subject matter hereof. There are no oral or other agreements, including but not limited to any representations or warranties, which modify or  affect this Agreement. 6)  BROKERS. The City and Board each represent to the other that they have not dealt with  any real estate broker in connection with the negotiations leading to this Agreement.  DM 1194768 v.3  330    7)  REPRESENTATIONS. WARRANTIES.ANDCOVEMANISOEPITTCOUNTY  BOARD OF EDUCATION.  a) Thel Board represents, warrants and agrees that:  .  To the best oft the Board's knowledge, Board has not received any written notice from any governmental body having jurisdiction asserting the existence of any violation of applicable laws with respect to the property NEW LOT being Board has good and marketablei titlet toi thel NEWL LOT and the right to convey: same The Board will agree to provide requisite dedication easements necessary to effectively operate Fire/ Rescue station such that the station is functional for its intended purpose and in accordance with standard Fire/ Rescue operations. REPRESENTATIONS. WARRANTIES.ANDCOVENANISOFTHECTYOE  exchanged.  ii. iii.  consistent with the terms oft this Agreement.  8) GREENVILLE.  a) The City represents, warrants, and agrees that:  1. ii.  Itwill utilize the NEW LOT in accordance with this Agreement to develop and operate a Firel Rescue station for the benefit of City/County residents, students, Itwill fund placement ofal Rectangular) Rapid Flashing Beacon located on Arlington Blvd., Greenville, NC, at the existing crosswalk in front ofJ.H. Rose High School and an additional traffic safety pedestrian improvement at a school location within the City of Greenville. Parties agree and acknowledge this process should take between eight (8) to ten (10) months from the date of this agreement. ii. Itwill fund one (1) additional traffic safety pedestrian crosswalk signal at a school(s) within the County yet to be determined, and the combined cost of placement ofboth signals shall not exceed fifty-six thousand dollars ($56,000).  schools, and businesses int that area.  9)  COXNGANPCOMNGDAL The Closing shall be on or before  2024  unless extended in writing by the Parties. Grantees shall be entitled toj possession at closing.  SECTIONII  MISCELLANEOUSTERMSANDCONDITIONS  MODIFICATION. This agreement may be expanded, modified, or amended, as needed, CHOICE OFLAW AND VENUE. This Agreement is deemed to be under and shall be  at any time by the written consent ofall Parties to the Agreement.  2)  governed by and construed according to the laws oft the State ofNorth Carolina and the ordinances oft the City of Greenville. The exclusive forum and venue for all actions, suits or proceedings arising out of or related to this Agreement shall be the North Carolina General Courts of Justice, in Pitt County, or ifin  DM 1194768 v.3  331    federal court, in the Eastern District ofl North Carolina.  3)  GENERAL COMPLIANCE WITH LAWS. Board and City shall comply with all TERMINATION. This Agreement may be terminated in whole or in part by either party SEVERABILITY If any provision of this Agreement shall be held invalid or  applicable Federal, State, and local laws, ordinances, rules, and regulations pertaining to the performance  ofroles, responsibilities, and obligations under this Agreement. without cause by giving thirty (30) calendar days written notice.  4) 5)  unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. Ifa court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written,  construed, and enforced as so limited.  6) ofboth Parties. 7) 8)  ASSIGNMENT This Agreement may not be assigned without the express written consent NO THIRD PARTY RIGHTS. No Third-Party Rights Created. This Agreement is GENERAL COMPLIANCE WITHLAWS The Board and City shall comply with all  intended for the benefit of the City and County and not any other party. ofroles, responsibilities, and obligations under this Agreement.  applicable Federal, State, and locall laws, ordinances, rules, andi regulations pertaining tot the performance  9) functions. 10) provisions hereof. 11)  PERFORMANCE OF GOVERNMENT FUNCTIONS Nothing contained in this  Agreement shall be deemed or construed sO as to in any way estop, limit, or impair the City or Board from exercising or performing any regulatory, policing, legislative, governmental, or other powers or of reference only and shall not form part of this Agreement or define or limit any of the terms or  HEADINGS. Thel headings oft the various Articles and Sections herein are: for convenience  AUTHORITYTOCONTRACT The undersigned hereby certify that this Agreement is  ina all respects fair and without collusion or fraud and warrant and certify thatt they are authorized to enter into this Agreement and to execute same on behalf of Board as the act of the said Board. City hereby  warrants and certifies the same.  12)  DISPUTE! RESOLTIONCLAISL: Int the event ofa dispute between thel Parties which  the Parties are unable to resolve within the normal course of business, the Parties within fifteen (15) days after delivery of written notice of the dispute, shall each promptly appoint a designated representative who has authority to settle the dispute. Their designated representatives shall meet as often as they deem reasonably necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve such dispute. Ifthe Parties are unable to resolve issues related to the dispute within thirty (30) days after the Parties' appointment oftheir designated representatives, then either party may submit their dispute toi non-binding mediation before the regulatory authority's rules and practices for handling such disputes. Each Party shall bear its own costs and expenses of participating in the mediation (including, without limitation reasonable attorneys' fees), and each Party shall bear one-half (1/2) of the costs and expenses of the mediator. The matters discussed or revealed in the mediation session shall not be revealed in any subsequent litigation. In the event the matter is not resolved in  DM 1194768 v.3  332    mediation, either Party may pursue alternative means of resolving the issues. The dispute resolution procedures in this section shall not preclude either Party from filing a proceeding or commencing a dispute process before a regulatory authority having proper jurisdiction pursuant to such regulatory  authority's rules and practices for handling such matters. counterparts, taken together, shall constitute the original.  13)  COUNTERPARIS. This Agreement may be executed in counterparts, and the  14) ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral, related to the  subject matter of this Agreement.  INV WITNESS WHEREOF, this Agreement has been executed by duly authorized representatives of the Parties hereto, in duplicate originals, all of which constitute only one original, as of the date first  above written.  CITY OF GREENVILLE  THE. PITT COUNTY BOARDOF  EDUCATION  P.J. Connelly, Mayor City of Greenville  Amy Cole, Board Chair Thel Pitt County Board of Education  ATTEST: (SEAL)  ATTEST:  Valerie Shiuwegar, City Clerk  Dr. Ethan Lenker, Superintendent  DM: 1194768 v.3  333    APPROVED ASTOFORM:  BY:  BY:  Emanuel McGirt, City Attorney  Emma Hodson, Board. Attorney  PRE-AUDIT CEKIIFICATION:  This instrument has been pre-audited int the manner required by the Local Government Budget and Fiscal  Control. Act.  Jacob Joyner, Director of Financial Services  Date  Account Number  N/A  Project Code (ifa applicable)  This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal  Control. Act.  Michael Hardy, Chief Finance Officer  Date  DM: 1194768 v.3  334    Exhibit. A: New Lot  DM: 1194768 v.3  335    Exhibit B: City permitted encumbrances  DM: 1194768 v.3  336    EET    -  /  -  m    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item: Explanation:  Contract award for professional services for Design and Construction Engineering and Inspection (CEI) on the Arts District Streetscape Project The City of Greenville was awarded a Rural Downtown Transformation Grant by the North Carolina Department ofCommerce and funded by the federal American Rescue Plan Act (ARPA). This grant will provide funding for the Arts District Streetscape Project, which will provide decorative columnsygateways on Dickinson Avenue, new sections of sidewalk along 8th Street, and pedestrian lighting to several streets in the Arts District. The Arts District Streetscape Project will require an aggressive planning and design schedule, dictated by the The City advertised al Request for Qualifications (RFQ) for professional services for design, easement acquisition, and Construction Engineering and Inspection (CEI) for the Arts District Streetscape Project on January 10, 2024. On February 2nd, staffreceived two (2) proposals in response to the RFQ. A selection team consisting of four (4) staff reviewed each proposal independently and rated each according to the criteria included in the RFQ. After independent review, the team met together to discuss ratings and to select a firm. The selection team unanimously chose the team lead by Kimley-Horn and Associates ofRaleigh, NC. The team includes Johnson, Mirmiran & Thompson, TELICS, and The scope ofp professional services for the Arts District Streetscape Project includes, but is not limited to, planning, environmental assessments, permitting, public involvement, surveying, development of construction documents, construction engineering and inspection, and materials testing. These services  schedule associated with the ARPA Funding.  Terracon Consultants.  will be provided in two (2) Task Orders:  Task Order #1 - Design and Bid Phase Services Task Order #2 -Construction Phase Services (IfNecessary) Ifnecessary, task order #2 will be negotiated at an appropriate time during the life oft the project as design progresses, thus allowing scope and fee of this task order to be developed based upon more detailed information. The Engineering Department is requesting City Council approve the fee for Task Order 1 and award aj professional services contract tol Kimley-Horn and Associates in the amount of$208,695.54 for design and bid phase services. The  Item #17.  338    $208,695.54 includes Base Services in the amount of$178,821.22, and Alternate Attached is the lump sum fee proposal and the recommended scope ofs service. The design will begin immediately upon execution of the contract and is The fee for Task Order #1 is $208,695.54 and will be funded through the Rural  Services in the amount of $29,874.32.  expected to be complete this fall. Downtown Transformation Grant.  Fiscal Note:  Recommendation: City Council approve the fee for Task Order #1 and award a professional  services contract for design and bid phase services to Kimley-Horn and  Associates in the amount of $208,695.54.  ATTACHMENTS  Attachment 1-4 Arts District Stretscape.TO.l-par  Item #17.  339    ATTACHMENTI  This document hasi important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the  contemplated Project and the Controlling Laws and Regulations.  AGREEMENT  BETWEEN OWNER AND ENGINEER  FOR  PROFESSIONAL SERVICES  Prepared by  ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE  EJCDCE ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE  and  Issued and Published Jointly by  ACEC AMERICAN COUNCILO OF ENGINEERING COMPANIES ASCE  AGCof America THEA ASOCIATEDCENERN CONTRACTORSOF MMERICA Quality People. Quality Projects. National Society of Professional Engineers Professional Engineersi in Private Practice  American Society of Civil Engineers  AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVILI ENGINEERS PROFESSIONAL ENGINEERS INI PRIVATEI PRACTICE NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS  Al Practice. Division ofthe  EJCDCI E-500 Standard Form ofA Agreement Between Owner and Engineer for Professional Services. Copyright 02 20081 National Society of! Professional Engineers forl EJCDC. Allrights reserved.  340    This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC  User's Guide to the Owner-Engineer. Agreement, EJCDCI E-001,2009 Edition.  Copyright O 2008 National Society of Professional Engineers 14201 King Street, Alexandria, VA 22314-2794  (703) 684-2882 www.nspe.org  American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005  (202)347-7474 www.acec.org  American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400  (800)548-2723 www.asce.org  Associated General Contractors of America  2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308  (703)548-3118 www.agc.org  The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations  and held in trust for their benefit by NSPE.  EJCDCI E-500 Standard Form ofA Agreement Between Owner and Engineer for Professional Services. Copyright 02 20081 National Society of! Professional Engineers forl EJCDC. Allrights reserved.  341    TABLE OF CONTENTS  Page  ARTICLEI-SERVICES OF ENGINEER. ARTICLE2-OWNERS RESPONSIBILITIES.  1.01 Scope. 2.01 General. 3.01 Commencement. 3.02 Time for Completion. ARTICLE4-INVOICES AND PAYMENTS. 4.01 Invoices 4.02 Payments.  ARTICLE3-SCHEDULE FOR RENDERING SERVICES.  2 2 2 2 2 2  ARICLES-OPINIONS OF COST.  5.01 Opinions ofProbable Construction Cost 5.02 Designing to Construction Cost Limit. 5.03 Opinions ofTotal Project Costs. ARTICLE6- GENERAL CONSIDERATIONS 6.01 Standards of Performance 6.03 Use ofDocuments 6.04 Insurance. 6.05 Suspension and' Termination 6.06 Controlling Law. 6.07 Successors, Assigns, and Beneficiaries. 6.08 Dispute Resolution 6.09 Environmental Condition of Site 6.10 Indemnification and Mutual Waiver. 6.11 Miscellaneous Provisions. ARTICLE7-DEFINITIONS. 7.01 Defined Terms 8.01 Exhibits Included. 8.02 Total Agreement. 8.03 Designated Representatives. 8.04 Engineer's Certifications.  3 3 5 5 6 7 8 9 9 9 10  6.02 Design Without Construction Phase Services  ARTICLES-EXHIBIS AND SPECIAL PROVISIONS.  15 15 15 15 15  342    EJCDCE  ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE  AGREEMENT  BETWEEN OWNER AND ENGINEER  FOR  PROFESSIONAL SERVICES  THIS IS AN AGREEMENT effective as of  ("Effective Date") between  CityofGreenville, NC Kimley-Horn and Associates, Inc  ("Owner")and ("Engineer").  Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as  follows:  Arts District Streetscape Project ("Project").  Engineer's services under this Agreement are generally identified as follows: Provides Design and Bid Phase Services for the Arts District Streetscape Project  Owner and Engineer further agree as follows: ARTICLE1- SERVICES OF ENGINEER  1.01 Scope  A. Engineer shall provide, or cause to be provided, the services set forth herein and inl Exhibit. A.  ARTICLE2- OWNER'S RESPONSIBILITIES  2.01 General  A. Owner shall have the responsibilities set forth herein and in Exhibit B.  B. Owner shall pay Engineer as set forth in Exhibit C.  C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness ofall requirements, programs, instructions, reports, data, and other information furnished by Owner to  Pagel 1  EJCDCI E-500 Agreement Between Owner: and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  343    Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this  Agreement.  ARTICLE3- SCHEDULE FOR RENDERING SERVICES  3.01 Commencement  A. Engineer is authorized to begin rendering services as ofthel Effective Date.  3.02 Timej for Completion  A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of C. IfOwner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall D. Owner shall make decisions and carry out its other responsibilities in a timely manner sO as not to E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the  provided in Exhibit A, and arel hereby agreed to be reasonable.  Engineer's compensation, shall be adjusted equitably.  be adjusted equitably.  delay the Engineer's performance ofi its services.  recovery of direct damages, ifany, resulting from such failure.  ARTICLE4- INVOICES AND PAYMENTS  4.01 Invoices  A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on ai monthly basis. Invoices are due and payable within 30 days of receipt.  4.02 Payments  A. Application to Interest and Principal: Payment will be credited first to any interest owed to B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses  Engineer and then to principal.  within 30 days after receipt of Engineer'sir invoice, then:  1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum  rate ofinterest permitted by law, ifless) from said thirtieth day; and  Page2 2  EJCDCI E-500 Agreement Between Owner: and Engineer forl Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  344    2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such  suspension.  C. Disputed Invoices: IfOwner contests an invoice, Owner shall promptly advise Engineer of the specific basis for doing sO, may withhold only that portion sO contested, and must pay the D. Legisl#e-HeHOS-FAHeFReEletve-Dale-any-gevermeta-emityakesalegilative-aetes hatmpsesawe,eperehgeemingmePseReverercempemsisPamePtHS-AgeReN: he-the-EnginermayneewhNe-ar-Kamlunsable-Expense-te ch-a-fasier-ef19-hae-eppis-Cmmerhrsmhune-timgnserer-the-cst-ef-such veied-ReW-taxesneme-sh-e-e-I-meiR-te-te  undisputed portion.  ceompensatiente-whiewhiah-Imgineriseailadumderhe-iemsefExhbC.  ARTICLE5- OPINIONS OF COST 5.01 Opinions ofProbable Construction Cost  A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. IfOwner requires greater assurance as to probable Construction Cost, Owner must employ an independent  cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit  A. Fa-Cemsieten-Cestmtrsihiee-OwRereNingnseraeh-Cemsisstien-Cest tm#sFEafiaenwre FespenstbHes-Wi-respet-tmerete-w-be peeifealyseterth-in Exhib bit! CemstruetenCes Hit, te-ths-Agreement:  5.03 Opinions ofTotal Project Costs  A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no: responsibility for the accuracy ofa any opinions ofTotal Project Costs.  ARTICLE6- GENERAL CONSIDERATIONS  6.01 Standards of Performance  A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same  Page3 3  EJCDCI E-500 Agreement Between Owner: and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  345    time and in the same locality. Engineer makes no warranties, express or implied, under this B. Technical. Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of] Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in . Consultants: Engineer may employ such Consultants as. Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers,  Agreement or otherwise, in connection with Engineer'ss services.  Owner-furnished information.  objections by Owner.  and the publishers oft technical standards.  E. Compliance with. Laws and Regulations, and Policies and Procedures:  1. Engineer and Owner shall comply with applicable Laws and regulations.  2. Prior to the Effective Date, Owner provided to Engineer in writing any and all policies and procedures of Owner applicable to Engineer's performance of services under this Agreement. Engineer shall comply with such policies and procedures, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not 3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date. Changes after the Effective Date to these Laws and Regulations, or to Owner-provided written policies and procedures, may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of  inconsistent with professional practice requirements.  performance, or compensation.  F. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the G. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless both parties mutually agree H. Engineer shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall Engineer 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  Engineer signing any such documents.  to use other general conditions by specific reference in ExhibitJ.  Page4 4  EJCDCI E-500 Agreement Between Owner: and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  346    failure of a contractor to comply with Laws and Regulations applicable to such contractor's I. Engineer neither guarantees the performance ofany Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not provide or have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or K. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or Supplier, or of any of their agents or employees or of any other persons (except Engineer's own agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made regarding the Contract Documents, or any application, interpretation, or L. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owner's safety programs of which Engineer has been  furnishing and performing ofi its work.  surety bonding requirements.  clarification, of the Contract Documents, other than those made by Engineer.  informed in writing.  6.02 Design Without Construction Phase Services  A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction and Owner assumes all responsibility for the application and interpretation of the Contract Documents, review and response to Contractor claims, contract administration, processing Change Orders, revisions to the Contract Documents during construction, construction surety bonding and insurance requirements, construction observation and review, review of payment applications, and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase engineering or professional services except for those services that are  expressly required of Engineer inl Exhibit A, Paragraph A1.05.  6.03 Use ofDocuments  A. All Documents are instruments of service in respect to this Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one ofits B. Either party to this Agreement: may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Ifthere is a discrepancy between  Consultants.  Page5 5  EJCDCI E-500 Agreement Between Owner: and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  347    the electronic files and the hard copies, the hard copies govern. If the parties agree to other C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the Documents and subject to the following limitations: (1)Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out ofor resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. F. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate  electronic transmittal procedures, such are set forth in ExhibitJ.  from those used by the documents' creator.  Engineer at rates or in an amount to be agreed upon by Owner and Engineer.  6.04 Insurance  A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability B. Ower-shal-preeure-emdmasainwwsershall mtse-EmgmseramdPP-isias-dtema imstreds-en-any general-liability  insurance policy carried by Engineer.  TPyeA ppheabeiethe-Pepet:  nsuranee Peker-e#ee-y-oeF-HeaFe  C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (other than to the Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in  Page 6  EJCDCI E-500 Agreement Between Owner: and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  348    the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by D. Ownerand Engineer shall each deliver tethe-ether certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer's and its Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any F. All policies ofinsurance shall eMfa-aprewisiereremdersementthatte-eevergerage-afferded-WH not be canceled or reduced in limits by endorsement, and thatrenewal will not be refused, until at least 30 days prior written notice has been given to Owner and Engineer and to each other G. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If SO requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements.  Contractor for the Project.  Engineer's services and at renewals thereafter during the life ofthe Agreement.  insureds, additional insureds, or loss payees thereunder.  additional insured (ifany) to which a certificate ofinsurance has been issued.  6.05 Suspension and Termination A. Suspension: 1. 2.  By Owner: Owner may suspend the Project for up to 90 days upon seven days written By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Engineer's performance has been substantially delayed  notice to Engineer.  through no fault ofl Engineer.  B. Termination: The obligation to provide further services under this Agreement may be terminated:  1.  For cause, a.  By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof  through no fault of the terminating party.  b.  By Engineer:  1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engmersresponsibilntes as  alicensed professional; or  Page7  EJCDCI E-500 Agreement Between Owner: and Engineer forl Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  349    2)  upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons Engineer shall have no liability to Owner on account of such Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1.a ift the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of  beyond Engineer's.control.  3)  termination.  C.  the notice.  2.  For convenience, a.  By Owner effective upon Engineer's receipt ofr notice from Owner.  C. Effective Date of Termination: The terminating party under Paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise bel lost, to prepare notes as to the status ofcompleted and uncompleted tasks, and  toa assemble Project materials in orderly files.  D. Payments Upon Termination:  1. Int the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. Int the event oft termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in  Exhibit C.  6.06 Controlling Law  A. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is  located.  Page 8  EJCDCI E-500 Agreement Between Owner: and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  350    6.07 Successors, Assigns, and Beneficiaries  A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, ini respect ofall covenants, agreements, and obligations ofthis Agreement. B. Neither Owner nor. Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or  responsibility under this Agreement.  . Unless expressly provided otherwise in this Agreement:  1.  Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Subcontractor, Supplier, other individual All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. Owner agrees that the substance of the provisions oft this Paragraph 6.07.C shall appear in  ore entity, or to any surety for or employee ofany of them.  2. 3.  the Contract Documents.  6.08 Dispute Resolution  A. Owner and Engineer agree to negotiate all disputes between them in good faith for aj period of30 days from the date of notice prior to avehimgthepreedarseratherpreMisiemse B. FHheparie-aile-rersaesdepuetawr-mg-PMAEAythe-eihere: beth-may-imveke-the-pedrerefIs.E##-etimshainded-er-Fme-dipute eseHHIeR-mehesspeeteR-tmePaFhes-mayexereise-eHgH-tnderlaw.  ths-Agreement,er exercising their rights under law.  6.09 Environmental Condition of Site  A. Owmer-has-diselesed-mgnsetiPtecMeseseofalameméspesied-Asbesies; PCBs, Petreleum, Hazardeus Waste, Radioactive Material, hasardes-sabsiances,-and-othe: CenstuentsetetCememeeated-#teFmeate-He,memgtype,uantiy,end-eeatien: B. Owner represents to Engineer that to the best ofi its knowledge no Constituents of Concern, other C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably  than those disclosed in writing to Engineer, exist at the Site.  concludes that doing sO is required by applicable Laws or Regulations.  Page9 9  EJCDCI E-500 Agreement Between Owner: and Engineer forl Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  351    D. Itisa acknowledged by both parties that Engineer's scope ofs services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or ifinvestigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineermay, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable E. Ift the presence at the Site of undisclosed Constituents of Concern adversely affects the performance ofEngineer's services under this Agreement, then the Engineer shall have the option of(1)a accepting an equitable adjustment in its compensation or in the time of completion, or both; F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner" "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this  Laws and Regulations.  or(2)terminating this Agreement for cause on 30 days notice.  Agreement.  6.10 Indemnification and Mutual Waiver  A. Indemnification by Engineer: To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or toi injury to or destruction oft tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants. Phis-indemifieatientiem-previsien-is-sabeette-mnd-limited-by-the PrevisieS,HAyer-amebmgmeer#-EbE,EHRtoASenS-eHLHbHty B. R4PHE4OHyCMRER-CMReFSMA-RAERNM-AFN-ERgHReeFAaRd-#S-eheers, dresters,-membersrtae-egent-emplsyees-emd-Censeants- FHRe-Sy-Law-Re C. Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent ofConcern at, on, or under the Site, provided that (1)any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences oft that individual's or entity's own negligence or willful  RESHACNPEREHPeeN  ens-efLiabity.  misconduct.  Page 10  EJCDCI E-500 Agreement Between Owners and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  352    D. Peremege-sreefeeFNeSHgeRe-Tethe-asespema-ePPaty-leialabiiyte he-etherparty-and-amdanyeme-ehaimingty theugherumderthete-stherpury-ereny-eest,lesser amages-aisedimpa-meggwesfepatyamtny-M-ggeglgenee-eF-the-athe: Party-eramy-otermeglgememiyerineFimérdashmoteseseeperseemtage-share-ht-te Pary's-meg-gene-baaeamt-al-ather-meg-gent E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential  emitsentndvidaaks.  damages arising out of, resulting from, or in any way related to the Project.  6.11 Miscellaneous Provisions  A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. . Severability: Any provision or part ofthe Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes D. Waiver: A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this E. Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall  be effective upon the date ofi receipt.  as close as possible to expressing the intention oft the stricken provision.  Agreement.  commence, nol latert than the date of Substantial Completion.  ARTICLE7- DEFINITIONS 7.01 Defined Terms  A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in  the exhibits, ori in the following provisions:  1. 2.  Additional Services - The services to be performed for or furnished to Owner by Agreement - This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed  Engineer in accordance with Part 2 ofExhibit A ofthis Agreement.  amendments.  Page 11  EJCDCI E-500 Agreement Between Owners and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  353    3.  Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United Basic Services - The services to be performed for or furnished to Owner by Engineer in Construction Contract - The entire and integrated written agreement between Owner and Construction Cost - The cost to Owner of those portions oft the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-way, or compensation for damages to properties; Owner's costs for legal, accounting, insurance counseling or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Constituent ofConcern - Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. $$9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. $$1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. $$6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 151 U.S.C. $$2601 et seq.; (e) the Clean Water Act, 33 U.S.C. $$1251 et seq.; (f) the Clean Air Act, 42 U.S.C. $$7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards ofconduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. Consultants Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates and Contract Documents - Those items SO designated in the Construction Contract, including the Drawings, Specifications, construction agreement, and general and supplementary conditions. Only printed or hard copies of the items listed in the Construction Contract are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor - The entity or individual with which Owner has entered into a Construction 11. Documents - Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in  States Occupational Safety and Health Administration. accordance with Part 1 ofExhibit A ofthis Agreement.  4. 5. 6.  Contractor concerning the Work.  Project Costs.  7.  8.  consultants; subcontractors; or vendors.  9.  Contract.  appropriate phases by Engineer to Owner pursuant to this Agreement.  Page 12  EJCDCI E-500 Agreement Between Owners and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  354    12. Drawings - That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by 13. Effective Date - The date indicated in this Agreement on which it becomes effective, but ifno such date is indicated, the date on which this Agreement is signed and delivered by  Contractor. Shop Drawings are not Drawings as SO defined.  the last ofthe parties to sign and deliver.  14. Engineer The individual or entity named as suchi in this Agreement.  15. Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from  time to time.  16. Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, 17. Owner The individual or entity with which Engineer has entered into this Agreement and for which the Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts  authorities, and courts havingjurisdiction.  concerning the Project. 18. PCBs-Polychlorinated biphenyls.  19. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-hazardous waste and crude oils. 20. Project = The total construction of which the Work to be performed under the Contract 21. Radioactive Material - Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to  Documents may be the whole, or aj part.  time.  22. Record Drawings Drawings depicting the completed Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, addenda, change orders, work change directives, field orders, and written interpretations and clarifications, as delivered tol Engineer and annotated by Contractor to  show changes made during construction.  23. Reimbursable Expenses - The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and. Additional Services for the Project. 24. Resident Project Representative - The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of  Page 13  EJCDCI E-500 Agreement Between Owners and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  355    Resident Project Representative agreed to by Owner. The duties and responsibilities of thel Resident Project Representative, ifany, are as set forth in Exhibit D.  25. Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which  such portion oft the Work will be judged.  26. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and  submitted by Contractor to illustrate some portion of the Work.  27. Site Lands or areas to be indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the  use of Contractor.  28. Specifications - That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to  the Work and certain administrative details applicable thereto.  29. Subcontractor - An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance ofa a part ofthe Work at the Site. 30. Substantial Completion = The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, sO that the Work (or a specified part thereof) can be utilized for the purposes for which it isi intended. The terms substantially complete": and "substantially completed" as applied to all or part  oft the Work refer to Substantial Completion thereof.  31. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 32. Total Project Costs - The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this  Agreement.  33. Work The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.  Page 14  EJCDCI E-500 Agreement Between Owners and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  356    ARTICLE8- EXHIBITS AND SPECIAL PROVISIONS  8.01 Exhibits Included:  A. Exhibit A, Engineer's Services. B. Exhibit B, Owner's Responsibilities.  C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses.  D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project  Representative. (Noti included)  E. Exhibit E, Notice of Acceptability of Work. (Not included) F. Exhibit F, Construction Cost Limit. (Not included) H. Exhibit H, Dispute Resolution. (Not Included) I. Exhibit I, Limitations ofLiability. (Not Included)  G. Exhibit G, Insurance.  J. Exhibit J, Special Provisions.  K. Exhibit K, Amendment to Owner-Engineer Agreement.  [NOTE TO USER: Ifan exhibit is not included, indicate "not included" after the listed exhibit item/  8.02 Total. Agreement:  A. This Agreement, (together with the exhibits identified above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed  written instrument based on the format of Exhibit K to this Agreement.  8.03 Designated. Representatives:  A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to  the Project on behalf of the respective party whom the individual represents.  8.04 Engineer's Certifications:  A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing  for ori in executing the Agreement. For the purposes ofthis Paragraph 8.04:  Page 15  EJCDCI E-500 Agreement Between Owner: and Engineer for Professional Services Copyright 0 2008 National Society ofl Professional Engineers for EJCDC. All rights reserved.  357    1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the 2. fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner ofthe benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the  Agreement execution;  execution of the. Agreement.  Page 16  EJCDCI E-500 Agreement Between Owner: and Engineer for Professional Services Copyright 0 20081 National Society ofl Professional Engineers for EJCDC. All rights reserved.  358    IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of  which is indicated on page 1. Owner: City ofGreenville By: P.J.Connelly Title: Mayor Date Signed:  Engineer:  Kimley-Horn and Associates, Inc By: Chad Beck, PE Title: Vice President Date Signed: Engineer License or Firm's Certificate No. State of: North Carolina Address for giving notices: Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601  F-0102  Address for giving notices: 15001 Beatty Street Greenville, NC 27834  Designated Representative (Paragraph 8.03.A):  Designated Representative (Paragraph 8.03.A):  Mr. Lynn Raynor, PE Title: Civil Engineer III Phone Number: 252-329-4620 Facsimile Number: 252-329-4535  Dan Robinson, PE Title: Senior Vice President Phone Number: 919-677-2178 Facsimile Number: 919-677-2050  E-Mail Address:  raymoregrenvlenegor  E-Mail Address:  Dan,obinson@ximley horn.com  Page 17  EJCDCI E-500 Agreement Between Owners and Engineer for Professional Services Copyright 0 20081 National Society ofl Professional Engineers for EJCDC. All rights reserved.  359    APPROVEDASTOFORM:  BY:  DATE:  Emanual D. McGirt, City Attorney  PRF-AUDITCERTIFICATION:  This instrucment has been pre-audited in the manner required by the Local Government Budget and Fiscal  Control Act.  DATE:  Byron Hayes, Director of Financial Services  Account Number(s): Project Code (ifapplicable):  Page 18  EJCDCI E-500 Agreement Between Owners and Engineer for Professional Services Copyright 0 20081 National Society ofl Professional Engineers for EJCDC. All rights reserved.  360    This is EXHIBIT A, consisting of 11 pages, referred to in and part of the Agreement between Owner and Engineer  for Professional Services dated  Engineer's Services  Article lofthe Agreement is supplemented to: include the following agreement oft the parties.  Engineer shall provide Basic and Additional Services as set forth below.  PARTI-BASIC SERVICES A-SwRpw A-Engimeershall  Cemstt-wit-Ower-te-deline- and-eharty-Owerr-regPemeN-er-the-Prejeet-and Adie-OwmerereHany-mee-ererOwmere-prevevide-dala-erservees-eHte-types-deseribed-m et-esHl-mE-miye-FPReNis-eF --y AFSéetIeR-t-epPrewe-the-pPeriens-eF-te-Peysigmed peie-by-Emginees: ineluding  measures dentilied the-environmenial léentily-and-ealsate-tinset-ttmberOrEPereH-ate-sehtiens-avalable-te Owmeramdafereenaate-wi-0wReERREeRéemée-wmerheseselsehstiens-whiehin  available-data-  EMABB-Aehrenetpertelingmaers-BasieServes:  assessment  Emgmeet-sudgmeUWREPSFEHFemebertme-Prejeet: etehepent-emepitaa-degremteme withl Happreprate exht  Fepare--ePeR-N Repert7-WACA-  PPePiNe,SeRa-ehmaie-yea,  e-mReete-agee-e  eguiremenisy-emsidemidematioms-avehed,me-lise-akemse-sehiem-aallable-te-OAwer whieh-Engineerree6-FereerechrsememaatreR-Mgneerwil-previde-the follewing, which-will e-sepericy-Hemae: ePmenr-eF-pehabece-Censrwee-Coss prepesed-allewancesfercemingemcieesimaad-edealcst-ofdegiga-prefesienal, ad-related-servies-te-be-previevided-by-Engmeer-aRd-B-CensRS-aNden-the-basis-et fermatien-fumisheeAme,e-saay-oFalewencer-forather-iems-and-servies Perfem-erprevide-theeowingadema-SmdyameRepwtPaseiakasks-erdelverables: 7.Furnish eview-cpies-efeFthe-Repowtaméanyeherdeinemhertes-te-Owerwithin calendardays-eftne-Efective-Date-and-revies wiOARe-Wahin: calendardays-et eept,O/wmer-sheH-SHbH-e- Ehgheert ny eemments-regardmgtae-Repert-and-any-eHhes  riawwiCw ePeEPNSREE  deliverables-  Pagel (Exhibit A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of Professional: Engineers for EJCDC. All rights reserved.  361    Revise-the Repert and PPrePrseyentfemish  bles  penset -Uwers-eemments,-as sed-Repert-and-atherdelverables-te-the  Ownerwithin alendardays-etretreepteroAeFS-CemmReRES.  B. Engime's-serMiees-urhe-Saaymma-Repertaecemesecempleie-en-he-date whtherwisalReperamayalardainhaehwdelverde.OAe.  A102 PehmayPesgHPRse  AAer-meeptanee-by-OwRer-eHthe-Reper-ame-me-any-eHherdehverbes,seleehen-by-Owmer-et-e Reeeded-sehsieamtmdsais-Faypsemadisatiss-rdhanges-in-the-seps eMtemk-chrasieer-degHgPrmeNsF-Pepetdes-ly-Cme-e-and-upeR-VEien +.P Prepare-Peiminay-Pagr-Pae-damenk-cemsiaing eFfm-degr-erene: FEH#HRBEY-dFaWARpeetheses,eReEpensemseHte-Prejeet: PreMAde-Recessay-Hel-SHPveys-amd-epegrpG-Y-mapping-ter esigns Hy-mappag-wbe-basethupe#t-miermateneR-eBHBIRe-PO#H-HHy-ewmes: AdMSe-OwReE#Fa8EHeRA-repeHtydal,"RiePmaOR,eF-sePHeeeHRe-ypes-deserbed-R EMlbitB-ere-ReEsseEay-eNeatOwmeiRehamiRg-aerepersdaaiaimfermaliene: Baseden-he-inforsteemina-Paga-Phae-dawuments-preparea evietepimen-etPehabe-Cemsete-Cesemeawingte-vareus Perform previde -eemin-mallaal Preliminary Design Phase-tasks-er  ePAHeReRONRe,EageFaNa  serviees-  esteategeres-Wehcempse-leaa-Preyeet-cess. deliverables: AereHStHY HrOPeE  Furnish  eview eepies-et-#e-PPeHPRARY Pag-PAase-dseumeHRe-aRAy-ales  delverables-te-0wer-within emd#rBy>ePaRRNOPICPARERWARSPMase and-review-them-wih-ORe Within ardysafrwPoraasaaw Engmneer-any-cemmemts-regaremgte-Pre'PHRaY-Desg-Phase-deetmemts-and-any-ether Revise-te-PreHmy-esg-deeHmeNs-eme-eny-eHer-delverables-# -respense-te CwmeFs-emmeNs, #-eppreprse-am--emish-o-Owmer, eepies-ef the-revised Pelminay-Desiga-Pasedecue,anenstiruelion-Ceskand yetherdehvehisw*hrdyraespetoweseeNs  deliverables:  B.E Engineersserviee-unerumertnePelmnay-Pegaewecemeerempleieen-the-dae wher-herevised-PehmnayP-sg-Phaedsumesewpamavefpohabie-Cemsirsetien  Coskaméanyeherdehnendeliverstieewmer:  Page2 (Exhibit A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. All rights reserved.  362    A1.03 Final Design. Phase  A. Afer-seeeplamee-6y-OwReteFte-PeHRY Design Pse-dPetmeS,eMsRt-ePmR-e: Pshale-Cwmsinsien-Cws-daad-in-k-Preliminay Dg-atwa emhle-stiwHe-aw#-wws-tawie-EN Aaraelet-eF-desg-RHPeReN --Pepm-UPn written authorization from Owner, Engineer shall perform services in accordance with Exhibit A, Attachment1. B. Engineer's services under the Final Design Phase will be considered complete on the date (September 30. 2024) when the submittals required by Exhibit A, Attachments 1 and2 have been CR-the-eveRt-tha-Re-eR-de-gae-oF-pelherred-eF-HFShed ndermere-than-eNePRRe-ceREFRet,eF#mgmer'sserMieetrete-beseperielysely-sequeneed-wih he-werk-efeme-eF-im-Ceminse-émshe-iraeses-and Enginer-shallpriere-cmmes.aN-AFN-ma-Dagr-Pwdeaep-a-sehedale-fe: m#F-memeE--dE the-Fimal-Desigs Bideng er-Negetiating CORstRaeHeR-and-PestCOnsReHeeR-Pases-R-erder-le-seguence-and-ceerdmate preperly-such erviees-as-are-appheabe-te-tme-wef-umdersteh-separate-PHme-eentraets- Phis-sehedaleiste-be Prepared-ame-imehdeteeRte xhibit-A-whetherer-metthe-werk-under D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Agreement is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation  delivered to Owner.  MeAcRReStePpreepresedeescuety.  under this Agreement. A1.04 Bidding erNegelieting Phase  A. After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences, ifa any, and receive and process contractor deposits 2. Issue addenda as appropriate to clarify, correct, or change the bidding documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work  Owner to proceed, Engineer shall:  ord charges for the bidding documents.  prospective contractors.  as to which such acceptability is required by the bidding documents.  Page3 (Exhibit A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. All rights reserved.  363    5. Ifbidding documents require, the Engineer shall evaluate and determine the acceptability of' "or equals" and substitute materials and equipment proposed by bidders, but subject to 6. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids 7. Perform or provide the follewing additional Bidding erNegetiating Phase tasks or B. The Bidding eF-Negetiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may  the provisions ofparagraph A2.02.A.2 ofthis Exhibit. A.  or proposals and in assembling and awarding contracts for the Work. deliverables as required by Exhibit A, Attachments 1 and2.  ber required ifExhibit F: is aj part oft this Agreement).  A-Eometehwe  A. Uperseessempistiemeflhe-Badinmdhegetsing"emi-pwreFPHER  mwimgaaw  Geera-HdtnPRMASF#ORGFEOMSPHCHPN-EOMPReH-CORSHwhOwmeranaetas-OAwmers epreseniative-as-prewsddinthe-Censinitn-Cemisetam-ialions-efthe Hesrespemsibery-FEmgneeraeithe-Cemansrelen-Cemitaet hal-metbe-medHedrexeepeas-Engmeermay-etherwise-agree-WHg-AlefOwers Astuetens-te-CetReteFWbeissedhreg*-Emgime,Wheh-Shal-have-aNtherityte-aet a-behafefOwetiardeaang-wiemimeterie-the-ee-providadned-in-ths-Agreement Resiem+Prejee-Repeseethe#P#A-Pewsd-thesenicerefaRPRaHhe-SHe-e-assist e-Egneer-aNd-e-pNedhmwFCemisases-wes Duties; espens-bies,andamdauhentyeteReRPRareEseHeNh--EMMD- The-urishinge ePMEE-GF#RPK-RePEEPePergrepP*26P-sePmgReON PEEPED-er eg-MepemeN EsHrg-Habersoy ASE-OMeF-#-te-seletiem-ef-em dependent-testimg-aberstesy-tesy-te-perfemm-te-servees-idente--EXDB,Paragreph Pe-COMSPHCHON Conferenee: Partieipate-im-a Pe-Cemsineten-Cenferemee-pher-te Schedtles: Reeerve,review,enedetemmime-the-seeplabaty-etanyant-sehedtles-that COREReNeFIRgHResbmttpingimef,"mehmemgt regress ehect  ARd-he-CeRsRIeHeR-CemieteNsPiatePwseProwidedR-WERS  uehRPR  ees-W-met-Hmit,extend Fmedify Engineer's pon SibHr es-er  herity-exeeptas-expressty-setertH-R-EN epargrep##e-APE-P-eHmeHe#HD  #EMSeeW#-OH ePPOH4g-HE  B2.01.0-  cemmeneememterHe:  et  Swbmilals,and-SehedleefVales.  Baselnes End BeneHCFs: As-eppreprate, establish baselnes-and bemehmarks-fer sing--Wes-whiefiinwicewew-ytrwmahie-Cemissiere  preeeed.  Page 4 (Exhibit A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of Professional: Engineers for EJCDC. All rights reserved.  364    Hsis-te-SHe-at-Obervatw-eFCOMsPweHON R-cemneeteR-Wi-ehservatiems-e  Cememeter*Weriwleitisimpregres:  Make-visis-te-the-S:e-aH-Btervals-apprepateH-slages-efeenstrueten,as RErd-mseN ebserve-as BR-GxpereRee-end-eae-dag PokasemalhepregsfCakasaes by-Engimeef-and-tiResidemt-Prey-Represemaiveffeny-Are-ReH-imntended-te-be KhaStve-eFte-ewtendHo-every-aspeetetCemteFs-Werk pregresser Hiveive dealed-impetiens-- Werk H Pregres-beyemd-the-the-rspemsbies Peealygneo-AEnsAeCistDementbaa Father-are-tet limited-te-spot-cheehehing-selesive-ampling-amdsimilar-metheds-ef hdmae Werke tw-bgnwr-sensFpekt judgment, as sSisted by the Resident Prejeet Representative, fany. Basedon omaepahaneddwgwhAd.lemaReN eeHFe-WeNtPwagwniw#Ar-Ceisemimt-Decumemt,and  Engimeershal-keepownetmRemmedelnepregess-ethe-Werk.  he-purpese-ef Engineer's Represemate,tany, at-the-Stte, dies-and-respensi.les-asgned Censtruetion PAase-#Re"#-ReeR  mne representation by the-Resident Prejeet be-te-enable ePhytw ne dertaken by Engineer-during the e-ewerie-efEngneer-d#et-w-an  experemeed-andesg-prelesiena,le-prowide-erOwmeragreater-degree-et emfeese-hwt-the-ce-eWr-CMiERe Pestmei-m-rCehimPaesmegyeFe agr-cesptefthe-Pgtswhole-s-dsad-n4 Ceminet-PwemesdRE-ersH-eNeFseN ebservatens-efeRAGKeF--m-pregress,sperHse,tAreeker-have-centrolever Cemtreter's-Werk-er-shallEmginer-have-mhentyover-or-repensbly-fer-the meanymetha,tehniewstersehuseeraed byCentraeter,teler-seeuy-erte-Se,ter-saety-preaities-and-pregres estete-Cemimses-yeafCmiarre-cempy-wi-Law. and ephwCPrWa Aecerdingly, Engimeer-meither-guramee-the-peierfemmance-sfny-Cemiraeier-ReF esstmes-respensbHy-ter-any-CeMReerS-F-BHRe-B-FRS-erpereP- Pee#e-ork Rejeet-Werk-if-e#-te-hass-etbngimes-cheraatiens,-Eingineer: believes-that-sweh-Wa---deeive-uner-he-siadank-st-fen-the-Cenie! Deeuments,t)-wi-metpoénee-e-trcempeia-Pepet-tht-cemfems-et Deetments,erterteywH-mpent-Re-mtegyeHmeepteHtme-cempleted-Prejeet CRwrtnynene issuei neeessary elarfieatiens-and terprelattens-eF#R-CORRRERL-a8-aPPrepmale-te-te-tme-erdey-cempleton-et Cetraeters-WeFk-5aeelaFestiems-ne-mterpretatenS-Wibe-censstentwWi-the-tent Fandreasemably-miemahe-ren-thecumeb-Salypeteay"ems-#-te CORtFaet-DeeumeHmemt,tngmeermay-SSHE-Relf-erder-#RePPARg-HReF-VaRtIenS--the  aecerdanee-with-he-CORtRet-Deeuments-  S-HmeHeRmg-Pee-#s-ReeRed-bytRe-CeMaet-Deements:  Werk-emr-he-regiremeeFteCemiaetPeeumens.  Page5 (ExhibitA A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of Professional: Engineers for EJCDC. All rights reserved.  365    -Change-Erdes- net OPECMrRe-Pree Recemment-change-erte-ant-wers change-diretives-es-te-Owet,es eppreprate,anhange-eréery-Bme-werk-emange H-Shep-Preings-aid-Samples- Rewew-eme-epprevePPe-aehen-m espet-te-Shep-Daa-am-Sampleramd-atherda-whe-Cemtimeler-s-regired-te submit,but-enly-fer-cemfermanee-wih-the-infermation-given-im-the-Cemtraet-Deeuments deemmpatbHity-wi#H-the-desgreemeeptettete-cempleted-Pregetas--tmeHening-whole s-indeated-by-the-CeRFet-DeeumeRt.SHeHeh-revews-an-APprevals-eFtheractien-w Rot-ektend-te-means,metnes,"e,teehmguesysegemees,erpreetares-et-eenstruetien-er-te afety-Preeaiiens-aRA-pregEs-ReHdemt-therete- Enger-sAal-mee--amy-Cemtaelers 2#b##Hes-tHeHetePRRe-Re-aeepiablty-eHsebSHe-eF-F qual-materals-and-g-pmeeprpesedlyCemtelephatsubetiete-the-PrewisieRs-a pPeeNraNeN ReguRe-sHeh-speel-mpetens-eF-CORERaCHeF'S-WORK-aS demed-reasemably-eeayamereeiveamérewew-alertfheievofimspeetiemsytesis, dapprevals-reqeirylawrame-Remd-Regsatiemserthee-CemineDemennts--Engimeer's eview-efsweh-eerise-Ae-erhepupeseefdeeFdeemmimgh-e-resuls-eertilied méesie-cemphanee-AHeCemEeEDecememtr-eeEcese-a-imdependemt wahuatien-that-he-cecomtemt-eEpseedareseFsehmepestemsleNsyeEaPpprovals-cemply Wi-the-requrememtseHtne-Censhabe-emtie-ed-te-rely-en-the 4-DAsagremeNs-beAneeN-CAmereNN Render-emma-wAe-desens-PR-4 dlysubmitted tsHe-relating-te-the-sepihily of Cemtseter's-wesk- Fthe nterprelalen-eFthe-FHPeRReNERS-eFtRe-CeREFeL-DeeHmReRtS-PeHaininge-the-exeeutien; eTMREPFPEtSS eF-Cemtreters-Werk-TeMew-emeh #Y-#hRC'm-y OwRerer-Cemiraeiefremti-wtingeherdysmeCCham-ir-wholeerrin-pars-eppreve sweh-Claim,erdeehme-te-reselve-sch-ClaimHfEngimeer-Es-ts-diseretier-eeneemeludes-that-te e-se-Wet-be-mapprepmae.#-renderimg-swe-deesses,Emgineersha-be-f#F-aRd-ReH how-Pasiahy-e-Ower-and-shal-met-be y  iretivesasreguired.  ubmittal-sehedtlede-thtbmgmeer-has-meepted:  Paregreph-A2.02-A  estsefsmchtests:  eeigtwhwpey eyualified desg-prefessiemal and empenygsepperingsetmeisen:  r Based-en Engmers-ebservatem  -experemeet-and  reviewef Appheatiens- for Paymentand  Determe the ameunts N Centracter bepaid. Such eeeeéAties-eF-PmNw-iin-tltws epreseniation-t-Owmetbasedensem-saehrehervatiems-amerewew,at-te-the-bestef mgineramewatge-intahlaeesehapegresedete peint-imksud-te-WegmyswAeCe-Cemie-Peeumens atpe-e-m-alais:F-aer-le-etpen SabsiamialCempletiem,eersalefeyrhpralaleerint-Cemiset Pesmembp-emHe-myPFrPtwA-H-emmemaaism-eme-e  Page6 6 (ExhibitA A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of Professional: Engineers for EJCDC. All rights reserved.  366    eemdtiems-preeedent-o-Cemtmeters-being-emtiied-ed-e-sme-Peymet-eppear-te-heve bs-einse-arEgwrepayieshecee-Cemises-Werke -#e-ase-eFRHR-Pee-weRk Enginee's-ReePRemmemaaiems-eFpyeR-wi-melade final-deierminations-anéelssiketie-em-eCemiree-Werkfsubyeette By-reemmememg any payment, Emgimeer-shal-met- thereby-be-deemed-te-heve epresemted-that-ebervAiens-mae-by-Emgimere-ehe-tae-quy-eF-quatiy-et Centraelers-Werk-s pefcraedan-umadhaehlausive,wiedede veryaspetefCemtreteFs-We#e": PwetiehNtw Werk beyend-the-respensibies-peeiieally-asgned-e-EmgeeF--thS-Agreement she-CemisPesme-MaarieneeswaFCeawsste-Wes-ertke pupeses-efreeeminméimgPymeNHs-merEgmeersTeareR-eF-anypeymeNt neluding-tna YeRE-WA-mpeseGR-HRgHRFRePemsBiy-e-wpervsedete: eentret-CentraeteFS-WeHK Pregress-er-er-tmeFe-mEBIS,mSNRoes,teehmgaes, segueneesy-eF-preedurs-eF-censier-salyPeaueRs-GEPregrams-imeident therete, F-Cemtmeters-cemhams-w-la-mt-Reg-atisalies-apphesble-te Comimele-imishangePweagtewahatimpeserepemsiiy en-Einginerte-makeayMainateleasserain-hewerferwhatpupeeses-Cemraele: atRehe-meRey-paiefNeCrrdaisti#ee ypesimeFhe-lVekegaPdieO-erke and-elear-etany-hens,eHHS,Seetty-mterests,OFeRetbPenees,eFHaH-there-mey-met be-eHheFmaer-aH#tisseheee-OAmeramd-CemererthtmgHa-#feet-the-amets .EOMraeterH DeeHeHts: Reeeive, review, and FHit-te-Owmer Paintenance-ane-and-eperatg-ISERHCHORS, sehedesHarantees,bemds,eeRteates-er-ethes Midenee-efisaeergPrebytheComimeP.eumenE,ee#eNtseFimspetiem,tess and-epprevals, Shep Drawings, Samples-and-ether-ar-eproved-tmder mhly-CenseriseieN te-Cemiet-Peswmens-te-chai-fima payment. he-eMtenteFsHehre By-EmgeerwIbeHARAEPwRevded-RPamagraph CePe Prempty-afer-etFONr-COMEReIerthatCOMERetraeter-cemsiders heentire-Werk-readyferib-memdiahue,isempey-wiwmeramiComtreter,isitthe Prejet-te-deiermin-Fe-Wermpee-lF-aer-censidering-eny byectiens-efOw,Emgieer-cemsides-tRe-Wesk-sHbstantiallycemplele,Enganeer-sha 8-HHomal-Fasts:-PerommerpowateteelowingaléitiomaiCemsirvtion-Paseaskase: a-NoHee-eeeFeephablpy-GF#E-OM-Eendet-me-VBe-me-Prejeette-determe Fthe-cempleled-Wesk-ofCemtae-hatimgiBemwyd,a RE-PR-PymeNF--Cemele: ApeyE-reertaw pyment-Engimershaialepovideemeiveiarthe-emratimehathereie-ete-a-EwhbiEhe NelieeetAeepiabe-WerkPeReepahetatpeetmeprovisiemset  ny-subsequentaepsRe-AHewedyIRPLAREAFABEDOCHRReRIY  hatsheula-bepaid:  Paragraph AL.05.A A105A1  mne transmit the-emmelated-reenl-deeumet-weh-ere-te-be  deliverseerifieate-eefSwbsiemialCempletieme-wmerand-Cemirmeler  deliverables: erelte-meNr  Page7 (Exhibit A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of Professional: Engineers for EJCDC. All rights reserved.  367    Paragraph-AL-05- -Be-te-bestetHEmgneetPAReAge-emmaenk-eme-betetand ased-e-the-extente-serveesprovey-EngmeerumdertHs-Agreement:  B-PwPateweFCesiaTeleaewh-the-exeuien-af e-i+Cemsrustierh-PePeyerayPeefemew#eminaie-poR-wEeN ReeiRedsien-by-Enw-rmtreymta.Camimsia-FePepetinvelves-meRe-than eRe-PHRe-CeRtFae-#-PergrP-AA#e-CemstueHeR-PRse-serviees-may-be renderedatdierentietet-Sasyvtetheprovisiems-efArtiele ERgiReeF-Sha--be-emted-te-AP-eHabe-meRePeARe-#-cempensirietien-Phase erviees-fimehsdmgResemtPeeReprsemsireseise-arergidedafertheergimal daie-fercempleie-amradine-erCemiscerarahRnthe-Cemsinelien HH#HOMF-REPOMSPHe-Emgmersha-me-berespemshe-e-lerte-setreremOHSSteRs-eHany Cemtmeles,SwbceniRSEeSePPerSaFimdaare-Peeag-eF-FihiRg y-eH-the-Werk fersaieyersewryasyPsssemramepregmims-inesden te-Cemtsaekefs-Wek-ding-te-Cemsiee-Pase-eF-etherwise- Emginsr-shal-met-be espemsbe-er-the-aaueefmy-CemineibertepefommerhemiHe-eMkinth  Centraet:  e-CemmetDeeumet: A1.06 PWECANNtAae  AUpeR-WEeRHePPAHeNremOwRePdHFgHne-PestCemssNeHe-Pmasetmgmeershe:  Tegeherwi-OwRe-BHe-Peeetiecheneany-PaRideReiik,asist Owerinremsuatiemsamednetsionsenswi-Cemtmeiersencemingeemetlmeh efeeis,and-make-reemmemdtienserterephaeememterceretivrefdelefdefetive-Werks"# :. tegether-weFOPOMReFS-epreseRatAIVE,VHHRe-PreyetW#N-ORe-ment-betere e-emdefthe-ceresempesedieaseanheheranypetiemeevk--sabyeete Perfermerprevide-ePewingaemsisstiem-Pasetakasks-erdelverabie: B-The-Pes-CemsirseseMsemeedig-Cmirtenetien-Phase-and-iFnet HhePse-meHRed--AS-EMADEA A-terminate-twe-welve-meRts-aHer-the-cemencement-et  any-  eerreetion  Fere-SPHeHserordererahe  e-COnstFetenCemraet-eereeetem-pered:  PART2- ADDITIONAL SERVICES  A2.01 Additional Services Requiring Owner's Written. Authorization  A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services ofthe types as set forth in Exhibit A, Attachment 1 (Task 15 and 16).  Page8 (Exhibit A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. All rights reserved.  368    1. Umspeehed-Preparatsienms-amt-suppetimgdecume-t#-aéeiten-te-these fammished-umderBasi-Seri-erpeve-egeMeRERemialgaks-leans,er-acwances-in emRetien-with-th-PyepepaatoR-eF-Mew-oF-ewremeal-assessneRis-and mpaet-statemetss-revew-andeyaBen-eFthe-eteets-entesgr-requremments-ter-the Pegeet-eF-any-SHHe-sBemeN-aRepaRd-y-aeiSlank # bieining-epprevals-eFauthere-awridietow-owrowe-he-amtiepated-emvirenmental Serviceste-make-esrddingseferieinvestgesHingemaienFReHes,e: overytheaseumeyelefgerarwmaehyOnmereratker: SerHes-resHg#Fe-gHAeantcmange-sepeekientereharaelereFtRe-peFteRS fthe-Prejeetdesignegnerpehetly-tmgmererdegrgpirememenis-imehading-but eHhmited-te,ehangeimsiecempieniyOwmessehelaiechemeieroferefeenstruetenye: methad-eF-Fmameing-aRd-PeVising previeusly-aeepled-smades-epers,-Paawings, aWS-and-Reguatems-emaeled-sbsequent-e-te-Heete-Date-er-are-dHe-t-any-ether Semis-wig-emwwwewwasiSaymmt-Repet-Pawe Servees-req#-Fest-et-Owmer Povaling-inemphate-e-er-nemst-Pwpet  mpaeteftne-Preget:  peeihieatiens,eF-CemRetDeement-when-steh-revisien  HR-by-ehanges-  aises-beyemetmgmeerseentrek:  ePAtIVe-SePHeRSReNSeMdERtRdPaREwAL-V-A4.  Bieralepeingee:  Peviemgrendermg>eFmee-te-erOAReP-Se:  +. Underiakinginvesigstiemsamdstsdeehaing-bwmeHmsee,desielaied-emsideration foperatiens,mainiece,andoverhehadewpesetheprepasieeffineial-feasibiity Bd-eash-Hew-SE-sehesehetles,amd-appraiselsyesSsBnee-#rePBg-mamemg-tes he-Prejeetevalatinecessesaalabe-erlicemsng-amdassingOwReFR-ebaRing proeess-ieemsing-dei-pmiyiveyseFmateraeg-pmetemeend-aberyand-aidis Fimventeries-regegHe-eemReet-wireenstretempeermermedbyOwmer. FuFRShimgservieerveesefComstHatt-erotherthan-Basie-Serviees:  Serviees-#HFbHble-te-mere-PHme-CenstetHeN-CePtR-than-speehed--Paragreph -Servees-dHfigeFePve-rgpeeFhngmeeerotherthar-er VISHS-te-the H Preparinger,eeerdiepatimgi-mdrepemdingie-ieraetared-ndependent Vewproee es,teehng,buCHF-ROFHmRe-e,cemsiRweHe#-mamegememt,eestestetS: rejeet-peer-reveMewVAHe-eRg-and-eesRIeHbHy-ewew-requesied-by-Ower; md-perferming-er-umahmg-erisewe-srePerts,-Prawings: petestems,eretherbAtimgaemerevereakFwehrevew-preeses:  A1.03D Owner's-eflee  Page9 (Exhibit A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of Professional: Engineers for EJCDC. All rights reserved.  369    -PeparingaaomaBwCmthalrakmseirerprise  reguestedby@Amerferhe-Wewkerepertien-theref 13Assistance cennectien With B1d pretests, rebidenng,  EAEeN  CeASReHeA-mRemas, eguipment,  Mep-whersehusasitanceigey  ExhibitE  4-Previdingeensirsrvtiwsvey>eme-ialgieemahecteeperiemm--weeether aR-8S-TeqHpe-Rer-Pamgraph 5-A-6,ame-any-type-etpmepetyserveys-er-relted  mgmeeFng-servees-meded-er-tne herpeia-ielsivey:  previding  5.Previding Construeten-Phase-serves-Bes-beyond-the- emmal-date-ter-er-cempleten-amd 6-Previdmng-assisssanee-#-Fespemtmng'e-the-presence-er-any-cemsHeNteFEe-CeReer-Rt-the Pepaing-RewtDwwPamdaEe-Pwet amnelated-recerd-decumReRS-Fceve-tFORR-CORtFaeteE-aRd-PFSRg-sueh-Recerd  eeserima-PeymRteFCemEee:  e,iRcemphaneewAAReLawseatens.  Prwingste-Owmer.  8-Preparatienetepefepemsieemmanee-mauels:  9-Pwp-ing-e-wPeeE**-wrn-my-lagwaw 20.Providing-mOReRe-CMiensive-sePvees-reqremae-EgReer-te-1sSHe-motiees-eF ASsistamee-eeMReEHOP-#HRPaPusmgeHPrepeeteguPmentantSystems:  hamieeretherdpweEPRpe:  certfieatiems-requested-syOwmer.  22. Assistance andsystems-  Atam Pregeet-equPmReR  2-Assance-g-Owaet-a-deveepag- proedures-ter- CeRFe-GH-t-e-eperatien-and AHRtenanee-eH-Prejeetequpmmentand-syster and-ty-related-reeerd-keepmg  24-Overime-werkereMkreguiriglgherhharegearraies:  25. Other services performed or furnished by Engineer not otherwise provided for in this  Agreement.  A2.02-44AHiemalSeSee:Ne-Re.g--ROMEAHON  A.E Engieer-sha-aeie-O-ReF#-aevanee-HaEngmneerS-W immedhaielycemmenee-eperierm eFemis-the-Aaiemal-Seriss-eFte ypes-listed-belew. FOF-seH-Adeiema Serviees; Engmeer-meed-ReRetregesereneRee-Pe#HePPARPR-FOM:CN.-tmgmeer  Page 10 (Exhibit A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of Professional: Engineers for EJCDC. All rights reserved.  370    mareease-perermmimgePREFShN uen itiemal-Serviees-peupomreseptefwrm Serves-R-ceRRASPAeE4g-dneineamidhamge-eRe-er-e-rellet-ehanges Services-n-maingewense-Dawenedlby-he-acepianee tstbstute-materaseregupmemtetherthan-eregal-Hems-seriees-aerthe-award-et he-Cemsiretien-Ceninetimevahuatingamddetemsnigehesewepiablyefaprepesed"e: qualer-swbstistiech--eumdwmd-e-we-mppepriaierh-Pejetr-evaluatien-and deierminatien-efenssive-amber-efprepesed reu-er-sabs##b#emswheher Servey-FesHmRRFhanges, FPMEe-REPRsEXEeRee Maeraseaswdaiww---4egwsiee: ets-efGed-emdangetingthe-Wenet-motee-etregire@-tee-a-the ie-efany-CenstiueREACOReRemseFhiserealealorcuhumasgaifeanee,(-Werk amaged-by-tre-erether-eatse-dhring-eensirueem,e-sagnteant-aRROHleetive, egleeted,-er-delye-werk-by-Cemtraetet,tyaeeleraten-ef-tme-pregregress-sehedte nvelving-serviees-beyemd-meFa-weHkamg-heE,eF)deHa5yCentraeter. Serviees-fethertham-Base-servieesdHtimgthe-PestCemstructien-Phase/-meermeeten-with RY-paHa-#H2aHeReHaRyparteHtRe-WeH-SyO-ReEPRePte-Swbstantal-Cempleten Fvahaing--umseewve-mmher Fdhims-sbl-ly Servees-dFing-te-CeRsEFMeHeR-Phase-rendered-aer-te-emgma-date-erer-cempletien-et  Owner  equested-byower:  PrpesedhwfereeraeaersCamsinte-Cemisaet: Finéreetrestitefmaterials,e upmmemt,eremergy-sheriages:  Cemtraetererether-RCRRHeR-W#the-Werk  he-Werk-referred-e-n-A1-0S-B. msbyCeMinee  Reviewing Sp-PAg-eR-tas-ie-tme,   Frepeaied-madeguae  WHe-at-the-Siepcmphame-by-tmginser-me--sifwih-teweeNefOwmes-er Cmistar-aiyPigwtnhwhhdt Mee-tmese-ReFaayregeereFemgeemmEperenmmel-by-federa, sae,erleea-seley  stheres-fersimiarcPasacHeRsRe.  Page 11 (ExhibitA A Engineer'sServices)  EJCDCE-500. Agreement Between Owner and Engineer forl Professional Services Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. All rights reserved.  371    This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer  for Professional Services dated  Owner's Responsibilities  Article 20 ofthe Agreement is supplemented to: include the following agreement oft the parties.  B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents B. Furnish to Engineer any other available information pertinent to the Project including reports and .F Following Engineer's assessment of intially-available Project information and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following:  expense:  for Engineer to include in the Bidding Documents, when applicable. data relative toj previous designs, or investigation at or adjacent to the Site.  1. Property descriptions.  2. Zoning, deed, and other land use: restrictions. establishing relevant reference points.  3. Property, boundary, easement, right-of-way, and other special surveys or data, including 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions relating to existing surface or subsurface structures at the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in  Agreement or the Exhibits thereto.  Engineer's services, the Work, or in the performance ofany Contractor.  Page1 1  (Exhibit! B- Owner's Responsibilities)  EJCDCI E-500 Agreement. Between Owner and Engineer forl Professional Services. Copyright 02 20081 National Society of! Professional Engineers forl EJCDC. Allrights reserved.  372    E. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such H. Provide reviews, approvals, and permits from all governmental authorities having. jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase ofthe Project. - Recognizing and acknowledging that Engineer's services and expertise do not include the 1. Accounting, bond and financial advisory, independent cost estimating, and insurance 2. Legal services with regard toi issues pertaining to the Project as Owner requires, Contractor 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor  Agreement as required.  property as required for Engineer to perform services under the. Agreement.  examination) and render in writing timely decisions pertaining thereto.  following services, provide, as required for the Project:  counseling services.  raises, or Engineer reasonably requests. has used the moneys paid.  J. Place and pay for advertisement for Bids in appropriate publications.  K. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost L. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner sO that Engineer may assist Owner in collating M. IfOwner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations ofa authority of such other party and the relation thereofto N. Ifmore than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties,  estimating, project peer review, value engineering, and constructibility review.  the various cost categories which comprise Total Project Costs.  the duties, responsibilities, and authority of Engineer.  Page2  (Exhibit B- Owner's Responsibilities)  EJCDC. E-500 Agreement. Between Owner: and Engineer for Professional Services. Copyright 02 20081 National Society of Professional Engineers for EJCDC. Allr rights reserved.  373    responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually O. Attend the pre-bid conference, bid opening, pre-construction conferences, construction progress and otherj job related meetings, and Substantial Completion and final payment visits to the Project. P. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Provide Engineer with the findings and reports generated by the entities providing services to R. Inform Engineer in writing of any specific requirements of safety or security programs that are S. Perform or provide the following additional services: [Here list any such additional. services).  agreed upon and made aj part of this Agreement before such services begin.  Owner pursuant to this paragraph.  applicable tol Engineer, as a visitor to the Site.  Page3  (Exhibit B- Owner's Responsibilities)  EJCDC. E-500 Agreement. Between Owner: and Engineer for Professional: Services. Copyright 02 20081 National Society of Professional Engineers for EJCDC. Allr rights reserved.  374    This is EXHIBIT C, consisting of3 pages, referred to in and part of the Agreement between Owner and Engineer  for Professional Services dated  Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-1: Basic Services - Lump Sum  Article 2 oft the Agreement is supplemented to include the following agreement oft the parties:  ARICLEZ-OWNERS RESPONSIBILITES  C2.01 Compensation For Basic Services Lump Sum Method of Payment  A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of  Engineer's Resident Project Representative,' ifany, as follows:  1. A total lump sum amount $178.821.22 based on the following estimated distbution of  compensation.  Arts District Streetscape  Base Services (Lump Sum) $ 165,955.00 Base Services (Unit Cost Services) $ 11,309.97 Reimbursible Expenses $  1,556.25  Total $ 178,821.22  Pagel  (Exhibit C- Compensation Packet BC-1- - Basic Services- Lump Sum) EJCDCI E-500 Agreement Between Owner andl Engineer for Professional Services. Copyright 02 20081 National Society of! Professional Engineers forl EJCDC. Allr rights reserved.  375    2. Engineer may alter the distribution of compensation between individual phases oft the work noted herein to be consistent with services actually rendered, but shall not exceed the total 3. The Lump Sum amount includes compensation for Engineer's services and services of Engineer's Consultants. The Lump Sum amount accounts for labor, overhead, profit, and 4. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the 5. Period of Service: The compensation amount stipulated in the Compensation Packet BC-1 isc conditioned on a period of service that begins upon receipt of signed contract and will end when the Final Design is completed. If such period of service is extended, the compensation amount for the Engineer's services shall be appropriately adjusted.  Lump Sum amount unless approved in writing by the Owner.  reimbursable expenses.  billing period.  Page2  (Exhibit C- Compensation Packet BC-1- - Basic Services- Lump Sum) EJCDCI E-500 Agreement Between Owner andl Engineer for Professional Services. Copyright 02 20081 National Society of! Professional Engineers forl EJCDC. Allr rights reserved.  376    COMPENSATION PACKET AS-1: Additional Services -Lump Sum  Article 2d ofthe. Agreement is supplemented toi include the following agreement oft the parties: C2.05 Compensation for Additional Services - Lump Sum Method of Payment  A. Owner shall pay Engineer for Additional Services set forth in Exhibit A, except for services of  Engineer's Resident Project Representative, ifany, as follows:  1. Lump Sum amounts as identified below based on the following compensation:  a. ROW/Easement Mapping (JMT) b. Bid Phase Services  $5.724.32 $24,150.00  tmgneer-mey-ale-tempemstior-hweiwew indridal-phase-Red herein-te-be-eensisteNt-wi#-serviees-Realy-endered,bHt-ha-metexeeed-ted-the-tetal-Lump 3. The Lump Sums include compensation for Engineer's services and services of Engineer's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum costs included in Paragraph C2.05.A.1 to account for labor, overhead, profit, and Reimbursable 4. The portion of the Lump Sum amounts billed for Engineer's Additional Services will be based upon Engineer's estimate of the percentage of the total services actually completed  H#P#EOHREtes-MRVTENRe-CwRe:  Expenses.  during the billing period.  B. Period ofService: The compensation amounts stipulated in Paragraph C2.05.A.1 are conditioned on the period of service as identified in Paragraph C2.01.A.5. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted.  Pagel  (ExhibitC- Compensation Packet AS-1- - Additional Services- Lump Sum Method ofl Payment) EJCDCI E-500 Agreement Between Owner andl Engineer for Professional Services. Copyright 02 2008 National Society of! Professional Engineers forl EJCDC. Allr rights reserved.  377    This is Appendix 1 to EXHIBIT C, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated  Standard Hourly Rates Schedule A. Standard. Hourly. Rates:  1. Standard Hourly Rates are set forth in this Appendix 1 to this Exhibit C: and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating  margin or profit.  HeSaRdR-HeHy-RBEYePPSemsyas-peteHe--AFHele  B. Schedule:  Hourly rates for services performed on or after the date of the. Agreement are:  Classification  Rate $275-$335 $250-$320 $185-$240 $175-$225 $150- -$190 $130-$170 $110-$185 $90-$130  Associate Engineer Senior Professional II Senior Professional I I Professional II Professionall - Analyst Technical Support Support Staff  Effective through June 30, 2024 Subject to annual adjustment thereafter  Pagel  (Exhibit C- Appendix 1 - Standard Hourly Rates Schedule) EJCDCI E-500 Agreement Between Owner andl Engineer for Professional Services. Copyright 02 20081 National Society of! Professional Engineers forl EJCDC. Allr rights reserved.  378    This is EXHIBIT G, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer  for Professional Services dated  Insurance  Paragraph 6.04 ofthe Agreement is supplemented to include the following agreement oft the parties.  G6.04 Insurance  A. The limits of liability for the insurance required by Paragraph 6.04.A and 6.04.B of the  Agreement are as follows: 1. By Engineer:  a. Workers' Compensation: b. Employer'sLiability. = 1) Each Accident: 2) Disease, Policy Limit: 3) Disease, Each Employee: General Liability = 2) General Aggregate: d. Excess or Umbrella Liability - 1) Each Occurrence: 2) General Aggregate:  Statutory  $100,000 $500,000 $100,000  1) Each Occurrence (Bodily Injury and Property Damage):  $1,000,000 $2,000,000  $2,000,000 $2,000,000  Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage):  Each Accident Professional Liability 1) Each Claim Made 2) Annual Aggregate Other (specify):  $1,000,000  $1,000,000 $2,000,000 $ N/A  2.ByOwner  Pagel (Exhibit G- Insurance)  EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright O: 20081 National Society ofl Professional Engineers for EJCDC. All rights reserved.  379    a. Werk-Cempamstiew: b.E Empleyes-tiby- Each-Aceident -Psese,Pelisytimt D-FwhEpye GemeralLiability -Gemenal-Aegregate: Fatmlatay -EaehOeeuremee: Gemeal-AESgae:  Statutery  BReh-Ceeurreneetbedhy-nyuy-ant-Preperty-Damage):  AHemabielahy Combmed igle  Apu and Preperty-amage  Each Accident:  $  fOherfspeeif-  B. Additional. Insureds:  1. The following persons or entities are to be listed on Owner's general liability policies of insurance as additional insureds, and on any applicable property insurance policy as loss  payees, as provided in Paragraph 6.04.B:  Page2 (Exhibit G- Insurance)  EJCDC. E-500 Agreement Between Owner and Engineer for Professional Services. Copyright O: 20081 National Society ofl Professional Engineers for EJCDC. All rights reserved.  380    a.  Engineer  b.  Engineer's Consultant  C.  Engineer's Consultant  2. During the term of this Agreement the Engineer shall notify Owner of any other Consultant to be listed as an additional insured on Owner's general liability and property policies of 3. The Owner shall be listed on Engineer's general liability policy as provided in  insurance.  Paragraph 6.04.A.  Page3 (Exhibit G- Insurance)  EJCDC. E-500 Agreement Between Owner and Engineer for Professional Services. Copyright O: 20081 National Society ofl Professional Engineers for EJCDC. All rights reserved.  381    This is EXHIBIT J, consisting of 4 pages, referred to in and part of the Agreement between Owner and Engineer  for Professional Services dated  Special Provisions  The. Agreement is amended to include the following agreement(s) of the parties:  Federal Requirements  This Contract will be funded in whole or inj part with federal funding. As such, federal laws, regulations, policies and related administrative practices apply to this Contract. The most recent of such federal requirements, including any amendments made after the execution of this Contract shall govern the Contract, unless the federal government determines otherwise. This section identifies the federal requirements that may be applicable to this contract. The Vendor is responsible for complying with all applicable provisions, updates or modifications that occur in the future relating to these clauses. To the extent possible, the federal requirements contained in the most recent version of the Uniform Administrative Requirements for federal awards (Uniform Rules) codified at 2.C.F.R., Part 200, including any certifications and contractual provisions required by any federal statutes or regulation referenced therein to be included in this contract are deemed incorporated into this contract by reference and shall be incorporated into any sub-agreement or subcontract executed by the Vendor pursuant to its obligations under this Contract. The Vendor and its sub-contractors, ifany, hereby represent and covenant that they are have complied and shall comply in the future with the applicable provisions of the original contract then in effect and with all applicable federal, state, and local laws, regulations, and rules and local policies and procedures, as amended from time to time, relating to Work tol be performed under this contract. The Federal Government is not aj party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and  No Obligation by Federal Government  Program Fraud and False or Fraudulent Statements or Related Acts Statements) applies to the contractor's actions pertaining to this contract. The following access to records requirements apply to this contract:  Access to Records  (1) The contractor agrees to provide the City of Greenville, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means  making audits, examinations, excerpts, and transcriptions.  whatsoever or to copy excerpts and transcriptions as reasonably needed.  Pagel (Exhibit. J- Speciall Provisions)  EJCDCI E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. Allr rights reserved.  382    (3) The contractor agrees to provide City access to construction or other work sites pertaining to  the work being completed under the contract.  Changes  Any change in the contract cost, modification, change order, or constructive change must be allowable, allocable, within the scope of its funding, grant or cooperative agreement, and reasonable for the completion of project scope. All changes and/or amendments to the contract will be outlined in detail, formalized in writing, and signed by the authorized representative of each party. A Contractor's failure  to do sO shall constitute a material breach oft the contract. Termination for Convenience (General Provision)  The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose ofit  in the manner the City directs.  Termination for Default Breach or Cause/(General Provision)  Ifthe Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or ifthe Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving ai notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set Ifiti is later determined by the City that the Contractor had an excusable reason for not performing, such as as strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work,  forth in the contract.  or treat the termination as a termination for convenience. Opportunity to Cure (General Provision)  The City in its sole discretion may, in the case ofai termination for breach or default, allow the Contractor ten (10) calendar days in which to cure the defect. In such case, the notice of termination will state the IfContractor: fails to remedy to the City'ss satisfaction the breach or default of any oft the terms, covenants, or conditions ofthis Contract within ten (10) calendar after receipt by Contractor ofv written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties  time period in which cure is permitted and other appropriate conditions.  for said breach or default.  Waiver of] Remedies for any Breach  Page2 (Exhibit. J- Special Provisions)  EJCDCI E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. Allr rights reserved.  383    In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any  succeeding breach oft that or ofany othert term, covenant, or condition oft this Contract. "During the performance oft this contract, the contractor agrees as follows:  Equal Opportunity  (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions ofthis nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, 3 and shall post copies oft the notice in conspicuous places available to employees (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and oft the rules, regulations, and relevant orders of the Secretary ofLabor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain (6) In the event of the contractor's noncomplance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary ofl Labor, or as otherwise (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary ofLabor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, sO that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a  without regard to race, color, religion, sex, or national origin.  and applicants for employment.  compliance with such rules, regulations, and orders.  provided by law.  Page3 (Exhibit. J- Speciall Provisions)  EJCDCI E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. Allr rights reserved.  384    contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as ai result of such direction by the administering agency the contractor may request the United States to enter into such litigation toj protect the interests oft the United States."  Energy Conservation  The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state conservation plan issued in compliance with the Energy Policy and Conservation  Act.  Suspension and Debarment  This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR2 29.940 The Contractor is required to comply with 49 CFR 29, Subpart C: and must include the requirement to comply with 49 CFR 29, Subpart Cin any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City. Ifitis later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies,  and 29.945.  Suspension and Debarment Certification  including but not limited to suspension and/or debarment.  The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer. The bidder or proposer further agrees to include aj provision requiring such compliance ini its lower tier covered transactions. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to payany person or organization for influencing or attempting to influence an officer or employee ofany agency,a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. $ 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in  Byrd Anti-Lobbying Amendment, 31 U.S.C.S1 1352 (as amended)  turn will forward the certification(s) to the awarding agency.  Page 4 (Exhibit. J- Speciall Provisions)  EJCDCI E-500 Agreement Between Owner andl Engineer for Professional Services. Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. Allr rights reserved.  385    This is EXHIBIT K, consisting of in and part of the Agreement between Owner and Engineer for Professional Services dated  pages, referred to  AMENDMENTTOOWNER-ER-ENGINEER AGREEMENT  Amendment No.  4. Background Data:  a. Effective Date fOwner-Engineer Agreement:  b. Owner: Engineer: d. Project:  5. Description ofModifications:  [NOTE TO USER: Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or aj previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of  referencel herein and ini future correspondence or amendments.]  a. b.  Engineer shall perform or furnish the following Additional Services: The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, ifany, is modified as  follows:  C. d. e. f.  The responsibilities of Owner are modified as follows:  For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation:  The schedule for rendering services is modified as follows:  Other portions oft the. Agreement (including previous amendments, ifany) are  modified as follows:  [List other. Attachments, ifany/  5. Agreement Summary (Reference only) a. Original Agreement amount:  $  Page 1  (Exhibit K- - (Amendment to Owner-Engineer Agreement): Attachment 1) EJCDCI E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. Allr rights reserved.  386    b. Net change for prior amendments: C. This amendment amount: d. Adjusted. Agreement amount:  The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in  including those set forth in Exhibit C.  effect. The Effective Date ofthis Amendment is  OWNER:  ENGINEER:  By: Title: Date Signed:  By: Title: Date Signed:  Page 2  (Exhibit K - (Amendment to Owner-Engineer Agreement): Attachment 1) EJCDCI E-500 Agreement Between Owner andl Engineer for Professional Services. Copyright 02 20081 National Society of! Professional: Engineers for EJCDC. Allr rights reserved.  387    Arts District Streetscape Task Order 1  5/24/2024  Exhibit A, Attachment 1 SCOPE OF SERVICES CITY OF GREENVILLE  ARTS DISTRICT STREETSCAPE TASK ORDER 1 - DESIGN  May 24, 2024  Kimley-Horn and Associates, Inc. ("Kimley-Horn') is pleased to submit this scope of services to the City of Greenville ("City") for engineering services for the Arts District Streetscape Project Task Order 1. Our project understanding, scope of services,  schedule, and fee are below. Project Understanding  Kimley-Horn understands that the City would like to secure professional services for the Arts District Streetscape Project in specific locations along Dickinson Avenue between Columbia Avenue and Reade Circle. These specific locations are identified on the following page on Exhibit A &B. This project will be performed in two phases:  Design  Construction Phase Services  This scope is specifically for professional services related to the design phase (Task Kimley-Horn will perform all services in accordance with the latest editions of the: City of Greenville Manual of Standard Designs and Details NCDOT Standard Specifications for Roads and Structures Greenville Utilities Commission ("GUC") Water and Wastewater Design Manual NCDEQ Erosion and Sediment Control Planning and Design Manual  Order 1).  And any other applicable standards The following subconsultants are on Kimley-Horn's team: Johnson, Mirmiran & Thompson ("JMT") Terracon Consultants ("Terracon")  Telecommunication and Industrial Consulting Services Corporation ("TELICS")  1  388    Arts District Streetscape Task Order 1 Exhibit A - Dickinson Ave at Reade Circle  5/24/2024  Survey & SUE verficationlimits  (2)G Geotech borings &SUEI Level A excavationareas  Exhibit B: Dickinson Ave. west of 10th Ave. Bridge (Leo W. Jenkins Hwy)  -  Survey & SUE verification limits  (1) Geotech boring & SUE Level A excavationarea.  2  389    Arts District Streetscape Task Order 1 TASK ORDER 1- DESIGN TASK 1-F Project Administration  5/24/2024  Kimley-Horn will perform the following project administration efforts from June 2024 thru  September 2024 (4 months; up to the optional bid phase services):  Oversee the project team's scope, schedule, and budget on a day-to-day basis. Provide a minimum of two project contacts for the City so that at any time someone familiar with the project can be available to the City if questions,  comments, concerns, or other project needs arise. Provide quality control throughout the life of the project.  Develop a project schedule that is mutually agreeable to the City and Consultant. Meet with the City as appropriate throughout the life of the project via conference call and be available to answer project related questions on a regular basis via Prepare and submit via email a monthly progress report that updates the project schedule, lists milestones achieved, provides the current status of each major task, and justifies any proposed changes to the schedule or budgets. Monthly progress reports are due at the end of each month and will coincide with monthly Utilize City's OpCenter project management software to actively manage the project through the design phase (Task Order 1). OpCenter will host project data and allow the City to view updates and submittals throughout project Maintain a project cost accounting system throughout the life of the project and JMT, Terracon, and TELICS will perform the following project administration efforts:  phone calls and email.  project invoicing.  development and construction. prepare monthly project invoice.  Prepare and submit via email a monthly progress report that updates the project schedule, lists milestones achieved, provides the current status of each major task, and justifies any proposed changes to the schedule or budgets. Monthly progress reports are due at the end of each month and will coincide with monthly Maintain a project cost accounting system throughout the life of the project and Applicable final project deliverables will be certified (signed, sealed and dated) by a professional engineer and/or surveyor registered in the state of North Carolina. Project Administration is anticipated to occur on an ongoing basis throughout the design  project invoicing.  prepare monthly project invoice.  phase (Task Order 1).  3  390    Arts District Streetscape Task Order 1  5/24/2024  TASK 2- Meetings and Coordination  This project will require regular meetings to coordinate progress and keep the project on  schedule. Meetings anticipated include:  Monthly External Progress Meetings (2 in person, 2 virtual - One meeting every month from June 2024 thru September 2024 - 4 total meetings). Kimley-Horn will develop an agenda and meeting minutes for each of these Progress Meetings. Two (2) Progress Meetings will consist of 50% and 90% Review Meetings. Virtual Internal Coordination Meetings (Two meetings per month from June 2024 In-Person Coordination meeting (2) with U-5606 contractor (Fred Smith) Kimley-Horn will have up to three (3) staff members present at each meeting. Additional meetings may be provided as an additional service to this scope.  thru September 2024 - 8 total meetings)  TASK 3-1 Location Surveys (For Information Only) Task 3 scope is included below for information only as this work has been Vaughn & Melton (acquired by. JMT) provided specific survey services for NCDOT location survey department for the ongoing U-5606 project. The specific services provided were survey control and right of way, easements, and property ties plans The proposed Gateway project is within the ongoing U-5606 project limit and JMT will provide survey services to validate and supplement prior U-5606 survey information. They will utilize previous Horizonal and Vertical Control from U-5606 sO that all new survey information will appropriately tie into previously performed surveys in this JMT will provide professional Topographic Survey services along SR 1620 (Dickinson Ave) from approximately 130' east of the (W 8th St) intersection eastward to the intersection with Reade Cir. The corridor limits will extend west to east along Dickinson Ave., actual limits are approximately 114' and approximately 35, shown in red rectangular boxes on both sides of Dickinson Ave. in Exhibit A. No surveying will be done in the roadway corridor of Dickinson Ave from inside the back of curb toi inside JMT will provide professional Topographic Survey services to a second area, along SR 1620 (Dickinson Ave) approximately 155' east of the intersection with Columbia Ave. eastward to the 10th Street Ave bridge (Leo W. Jenkins Hwy), The corridor limits will extend west to east along Dickinson Ave., actual limits are approximately 144' and approximately 43, shown in red rectangular box on South side of Dickinson Ave., in Exhibit B. No surveying will be done in the roadway corridor of Dickinson Ave. from  accelerated and contracted separately.  sealed on 1/12/2022.  corridor. Their survey scope is as follows:  back of curb.  inside the back of curb to inside back of curb  4  391    Arts District Streetscape Task Order 1 JMT survey deliverables shall include:  5/24/2024  An updated Topographic survey in the project limits mentioned above and shown in Exhibits A & B above. All available NCDOT Right-of-Way and Easement monuments will be located and tied. JMT will survey to the NCDOT Datum Description described on Sheet RW01 of the U-5606 R/W01 Plans signed and A2D MicroStation file V8i, developed at a 1"= 50' scale that depicts the conventional survey and the alignment of the designated underground utilities as  sealed by Garry L. Moore, PLS dated 1/12/22  defined herein.  Sealed PDFS as required by L&S Guidelines.  TASK 4A - Subsurface Utility Engineering (SUE - Locating Task 4A scope is included below for information only as this work has been JMT will provide subsurface utility mapping in accordance with NCDOT Locations & Surveys Subsurface Utility Engineering Guidelines at the following desired utility data quality levels: LOS A (6 Test holes - included in Task 4B), LOS B and LOSC (designating and mapping), and LOS D (records research and mapping). The services shall include utility research, locating the visible utility features and appurtenances, and creating a Microstation SUE design file depicting the utility designation data. JMT understands that the purpose of these requested services is for pre-construction planning and base mapping for engineering design plans for the Arts District Streetscape JMT will provide professional SUE Survey along SR 1620 (Dickinson Ave) from approximately 130' east of the (W 8ths St) intersection eastward to the intersection with Reade Cir. The corridor limits will extend west to east along Dickinson Ave., actual limits are approximately 114'and approximately 35, shown in red rectangular boxes on both sides of Dickinson Ave. below in Exhibit A. No surveying or SUE will be done in the roadway corridor of Dickinson Ave from inside the back of curb to inside back of curb. JMT will provide professional SUE services to a second area, along SR 1620 (Dickinson Ave) approximately 155' east of the intersection with Columbia Ave. eastward to the 10th Street Ave bridge (Leo W. Jenkins Hwy), The corridor limits will extend west to east along Dickinson Ave., actual limits are approximately 144' and approximately 43', shown in red rectangular box on South side of Dickinson Ave., below in Exhibit B. No surveying or SUE will be done in the roadway corridor of Dickinson Ave. from inside the back of  and Mapping) For Information Only accelerated and contracted separately.  Project. The SUE scope is as follows:  curb toi inside back of curb.  5  392    Arts District Streetscape Task Order 1  5/24/2024  A. The utility designation will be performed in accordance with the NCDOT Location 1. JMT will perform utility records research for the project area. Based on preliminary information it is anticipated that there are approximately eight (8) utility owners who may have facilities within the project limits. Iti is assumed that all utility companies will provide copies of record information to JMT at 2. JMT anticipates multiple underground utilities consisting of pressurized pipelines (water, gas, etc.), electric, traffic control, and communication (telephone, cable television, and fiber optics) mainline facilities and these shall be designated at Quality Level B, if detectable with standard electronic designation equipment. It is estimated that the project areas may contain approximately 800 LF of existing underground utilities shown in the NCDOT U-5606 plans and our estimates are based on a maximum of 1,000 LF. Should it be determined during the research or field designation phases that this estimate may be exceeded, we will contact your office for direction. a. Traffic Control/Traffic Fiber Optic cables will be identified as "Power" or Telephone Fiber Optic" and noted either on the line and/or as a note 3. JMT will provide field designation services to identify traceable underground utilities utilizing industry accepted surface eoplyetalectromagrete methods consisting of the use of pipe and cable locators. Ground penetrating radar (GPR) will also be used as needed. Other electromagnetic methods (i.e., terrain conductivity, resistivity measurement, optical, infrared/thermal, acoustic emission, etc.) and/or other surface geophysical methods (i.e., magnetic, elastic wave, microgravitational technics, isotopic/radiometric technics, chemical technics, borehole geophysics, etc.), are excluded from 4. JMT will survey the utility designation markings and utility structures within the limits and identify their disposition in the survey as to the type of facility, a. Abandoned and/or empty facilities will be shown on the survey at Quality Level B if electronically detectable or indicated at Quality Level C/D if indicated on records if no electronic signals can be obtained on the utility. 6. The designation of gravity systems (storm drainage and sanitary sewer) which was previously located will not be included in this SUE survey or 7. Inr regard to utility services and privately-owned facilities (i.e., privately owned facilities such as sanitary sewer force main, electric services to illuminated a. Utility service lines for commercial parcels, ifany, will be designated (at Quality Level B and/or C based on the assignments for the mainline facilities) to the project limits or metered location whichever is closest tot the roadway. Quality Level Ci information will only be provided if such b. Utility service lines for residential parcels, if any, will not be designated.  & Surveys Subsurface Utility Engineering Guidelines.  no cost.  int the line data as "Traffic Control".  the scope of work.  etc. with the appropriate layer and line style.  scope.  signs and parking lot lighting, etc.). JMT will:  information is available on records.  6  393    Arts District Streetscape Task Order 1  5/24/2024  C. Privately owned facilities for residential parcels (which would include seweri force mains from septic systems, electric, etc.)are excluded from d. Privately owned facilities for commercial parcels, if any, will be designated at Quality Level B within the survey limits. e. Irrigation systems will not be designated. f. Investigation of wells and septic systems is excluded from the scope of 8. JMT will perform an electronic sweep of the project area with our pipe and cable locating equipment and any items detected will be mapped as an 9. Should an electronic signal not be obtained on a utility line requiring Quality Level B designation, said line will be designated at Quality Level C or D 10. Should utility records not be available for a specific utility said utility will be indicated on the survey at Quality Level D based on verbal information from 11.JMT will employ signage and safety equipment per NCDOT standards and  the scope of work.  work.  unknown conductor if not indicated on records. based on available information if possible. the utility owner, physical features, etc. if possible. policies to perform the requested SUE services.  TASK 4B - Subsurface Utility Engineering (SUE - Utility  Test Holes)  B. UTILITY TEST HOLES  JMT will provide location services (test holes) at up to six (6) locations as needed. Test holes will be for utilities near the proposed gateway column locations (represented by yellow dots) in Exhibit A& & BI below. Iti is assumed that the targeted utilities will be electronically detectable with our standard designating equipment; GPR (ground penetrating radar), (pipe and cable locators) and the utility depth will JMT will perform the test holes on the requested utilities at the locations determined to be in potential conflict with the proposed foundations and/or geotechnical borings. JMT will call the targeted areas into NC811 as required by law. Upon completion of the NC811 marking, JMT will verify that an electronic signal can be obtained at the Miss Utility marked location. Should JMT determine a discrepancy with the NC811 markings and the surveyed JMT will utilize existing survey control (NCDOT Tip# u-5606) as established for the site survey. The test holes will be tied to existing physical features Itis assumed that no additional insurance requirements or surety bond will  be less than 6 feet. 1. Test Hole Locations:  location, we will contact your office to discuss.  2. Horizontal & Vertical Datum: (i.e., no survey performed). 3. Permit, Insurance, and Bonds: be required.  7  394    Arts District Streetscape Task Order 1  5/24/2024  4. Work Hours: scope of work.  Work involving lane closures may have work hour restrictions of 9:00 am to 3:30 pm weekdays. Night work and/or weekend work is excluded from the JMT will provide the necessary NC811 coordination and traffic control for each requested test hole in Exhibit A. JMT will base the necessary traffic control measures on the NCDOT guidelines. For budgetary purposes we have assumed traffic control may be required in some areas of the project due to high traffic volumes and have provided estimated fees for said services for one 8-hour day. Should such services be required they will be invoiced at cost. (SEE AWP two quotes attached). AWP's quotes are for the traffic safety (equipment and signage) and Permit for the City of GreenVille lane closure at the traffic signaled intersection of Dickinson Ave. and Reade Itisa assumed that all test hole locations are free from debris and are accessible with our vacuum excavator truck/equipment. It is assumed that any coordination with property owners necessary to perform the test holes Test holes will be backfilled with the same material that was removed from the hole during excavation. It is assumed that a permanent pavement restoration will not be required for test holes located within the asphalt roadway and that a DOT approved cold mix product (PermaPatch) can be utilized for the pavement restoration. It is assumed that one (1)t test hole will be requested within concrete sidewalk areas at the north/west intersection of Dickinson Ave and Reade Cir. JMT will patch the test hole in concrete with Quikrete 80-lb High strength concrete restoration mix. It is assumed that a permanent concrete restoration will not be required for test holes located within concrete sidewalk. Please note that our restoration patch size is limited tot the size of our standard pavement cut (12-inches square). Groundwater may be encountered before reaching the targeted utility. Please note that upon encountering groundwater, we may not be able to continue the vacuum excavation process due the risk of damaging our vacuum system as well as the risk of undermining the surface above. Insuch instances, we will note the excavated depth, and will continue to probe to attempt to detect any utites/obstructions. No excavation will be performed below the groundwater table elevation. If unusual soil conditions are encountered (i.e., extremely unstable, or compacted soils), excavation may require other methods or, in some cases, be prevented entirely. In these circumstances, your office will be notified to discuss direction. An individual data form shall be prepared for each test hole. Data form shall be 8.5" by 11" in size, and shall contain the following information: a. Street name and general location description oft test hole. b. Anticipated type and size oft targeted utility.  5. Traffic Control & NC811 Coordination:  Cir., See Exhibit A. 6. Site Access:  will be handled by the City of Greenville.  7. Backfill and Restoration:  8. Groundwater:  9. Test Hole Data Forms  8  395    Arts District Streetscape Task Order 1  5/24/2024  C. Existing pavement description (type and approximate thickness). f. Type and location of survey marker set toi identify test hole location. g. Type/color of ribbon installed in excavated hole to identify utility h. Top of ground and top of utility elevation based on vertical control points as supplied by your office, plus a manual depth check. Outside diameter measurement of utility. 1. For circular utilities (pipes, conduits, cables, etc.):  d. Soil description. e. General utility condition.  type.  a. For sizes 8-inches and smaller, O.D. measurement will be based on full diameter exposure (where possible). b. For sizes larger than 8-inches, O.D. measurement will not be obtained unless specifically requested. If diameter measurement is requested, multiple holes will be necessary to obtain the O.D. based on half diameter  exposure (where obtainable).  A sketch (not to scale) indicating the street, general test hole location, utility and direction of utility, and reference distance ties to a maximum of four (4) physical features plus an edge of pavement  (or face of curb distance) where obtainable.  JMT SUE deliverables shall include the following:  1. A2D MicroStation file V8i, developed at a 1"= 50' scale that depicts the conventional survey and the alignment oft the designated underground  utilities as defined herein. 2. AS Survey & SUE Report. 3. AI list of utility owners. merged into the FS file.  4. Sealed PDFS as required by L&S Guidelines.  5. JMT will deliver a standalone SUE dgn file and the information will be  TASK 5- Geotechnical Subsurface Investigations Terracon's Scope of Services is based on their understanding of the project as described by Kimley-Horn and Associates Inc and the expected subsurface conditions  as described below.  Planned Construction  Item Information Provided  Description 2024.  Email communication with site plans provided on March 21,  9  396    Arts District Streetscape Task Order 1  5/24/2024  Item  Description  The project includes the addition of three columns and one  Project Description possible arche across Dickinson Avenue (near Reade Circle)  as part of as streetscape project for the city. The arches will likely be supported on drilled piers. Unknown, assumed to match existing grade.  Proposed Structures Finished Structure Elevation Maximum Loads Below-Grade Structures Pavements Building Code  Anticipated structural loads were not provided. Terracon requests design loads be provided prior to scheduling subsurface exploration (to be provided by KHA).  None. None.  2018 North Carolina State Building Code  Site Location and Anticipated Conditions  Item  Description  The project is located on Dickinson Avenue in Greenville, NC. Three columns are proposed, one. just southeast of the Tenth Street Connector (Leo W. Jenkins Highway) and two columns Developed with sidewalks, underground and overhead utilities. Concrete sidewalk, landscaped area, grass, and gravel. Relatively level in elevation ranging from 60 feet to 62 feet MSL near Tenth Street and 43 feet near Reade Circle and based on publicly available topography maps published by the USGS and  Parcel Information  (including arch) just before Reade Circle.  Existing Improvements Current Ground Cover Existing Topography  Google Earth ProTM.  10  397    Arts District Streetscape Task Order 1  5/24/2024  Item  Description  Terracon expects the site, and all exploration locations, are accessible with a track-mounted drilling equipment and wheeled support vehicles. Traffic control is anticipated for the corner Terracon's experience near the vicinity of the proposed development construction and review of geologic maps indicates subsurface conditions will likely consist of tor medium dense sand and soft to stiff clay.  Site Access  near Reade Circle.  Expected Subsurface Conditions  loose very  Terracon's proposed Scope of Services consists of field exploration, laboratory testing, and engineeringproject delivery. These services are described in the following sections. Based on input provided by Kimley-Horn and Associates Inc, and local experience with similar projects in the vicinity of the project site, Terracon proposes the following field exploration program which is anticipated to be completed with one day of on-site Number of Tests Planned Exploration Depth (feet) Planned Location 2  Field Exploration  activities.  2 1  25 25  Next to Reade Circle Next to Tenth Street  1. Although not anticipated based on the geology in the vicinity of the project site, borings would be terminated at shallower depths if refusal is encountered. Refusal conditions include auger refusal or tip resistances typically over 200 tons per 2. The planned exploration locations are shown on the attached Anticipated Exploration Layout and Elevations: Terracon will use handheld GPS equipment to locate test locations with an estimated horizontal accuracy of +/-15 feet. Field measurements from existing site features may be utilized. Ifa available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. Terracon can alternatively coordinate with your Project Surveyor to include locations and surface elevations inj project information if so requested.  square foot Exploration Plan.  11  398    Arts District Streetscape Task Order 1  5/24/2024  Subsurface Exploration Procedures: Terracon will advance the subsurface exploration with a truck or track-mounted drill rig in general accordance with local standard procedures for standard penetration tests (SPTs) or cone penetration tests Borings will be advanced by continuous flight augers (solid stem and/or hollow stem, as necessary, depending on soil conditions) and/or rotary wash boring techniques. Four samples will be obtained in the upper 101 feet of each boring and at intervals of 5 feet thereafter. Soil sampling is typically performed using thin-wall tube and/or split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test (SPT). The samples will be placed in appropriate containers, taken to the soil laboratory for testing, and classified by a Geotechnical Engineer. In addition, Terracon will observe and record groundwater levels during drilling and The CPT testing will hydraulically push an instrumented cone through the soil while nearly continuous readings of soil strength and pore pressure are recorded to a portable computer. No soil samples are gathered through this exploration technique. Al hand auger and or Macro core will be used to collect select soil samples to a limited depth where CPTS are conducted. In addition, Terracon will observe and record groundwater levels during drilling and sampling. Unless otherwise requested, CPT is the preferred Terracon's exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual Classifications of materials observed during drilling and Terracon's interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation and include modifications based on observations and laboratory tests. Property Disturbance: Terracon will take reasonable efforts to reduce damage to the property. However, it should be understood that in the normal course of Terracon's work some disturbance could occur including rutting of the ground surface and damage to Ground disturbance at CPT sounding locations will be minimal and will not require backfilling in most instances because this testing method generates little to no spoils. Please let us know if further restoration is desired based on project requirements and Terracon can make arrangements to backfill the sounding locations. IfSPT is performed, Terracon will backfill borings with soil cuttings upon completion. Pavements will be patched with cold-mix asphalt and/or ready-mixed concrete, as appropriate. Terracon's services do not include repair of the site after the field exploration beyond backfilling boreholes and patching. Excess soil cuttings will be removed from site.. Because backfill material often settles below the surface after a period, Terracon recommends boreholes tol be periodically checked and backfilled, if necessary. Terracon can provide this service, or grout the boreholes for additional fees, aty your request.  (CPTs).  sampling.  method.  landscaping.  12  399    Arts District Streetscape Task Order 1  5/24/2024  Safety  Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with the exploration program; thus, this Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. This Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials observed while drilling will be noted on Exploration efforts require borings or probing (and possibly excavations) into the subsurface, therefore Terracon will comply with local regulations to request a utility location service through NC811. Terracon will consult with the landowner/client regarding potential utilities or other unmarked underground hazards. Based upon the results of this consultation, Terracon will consider the need for alternative subsurface Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities not disclosed Terracon proposes to conduct or subcontract with a private utility locating service. Fees associated with this service are included in the Scope of Services. Terracon will scan the area around the test locations and run ground penetrating radar (GPR) to help detect The detection of underground utilities is dependent upon the composition and construction oft the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the landowner/client of their responsibilities in identifying private Site Access: Terracon must be granted access to the site by the property owner. Two of the three boring locations are within NCDOT right of way. The remaining parcel that may need to be accessed is owned by Dickinson Avenue Investments, LLC (Thomas Taft). Per discussions with City Staff, they will coordinate the access for geotechnical work with Mr. Taft. Kimley-Horn will notify NCDOT Division 2 staff and the existing U- 5606 Contractor (Fred Smith) that geotechnical work will be performed in isolated locations within existing right of way. Terracon's proposed fees do not include time to negotiate and coordinate access with landowners or tenants. Terracon will conduct field services during normal business hours (Monday through Friday between 7:00am and 5:00pm). If exploration must take place over a weekend or at night, please contact  our logs.  exploration methods as the safety of the field crew is a priority.  to us.  underground utilities.  underground utilities.  Terracon sO schedules and fee can adjusted.  Traffic Control:  For the work scope of this proposal Terracon has budgeted for subcontracting traffic control services (signage and flagman) during drilling activities, which is anticipated to  13  400    Arts District Streetscape Task Order 1  5/24/2024  take less than one day. This proposal is based on the assumption that one traffic lane can be closed temporarily within a hundred feet (+1-) of the drill rig during drilling activities. Alternatively, others could provide all required traffic control as a cost savings  measure.  Laboratory Testing  The project engineer will review field data and assign laboratory tests to understand the engineering properties of various soil strata. Exact types and number of tests cannot be defined until completion of fieldwork, but Terracon anticipates the following laboratory  testing may be performed: Water content Atterberg limits Grain size analysis  Terracon's laboratory testing program often includes examination of soil samples by an engineer. Based on the results of the field and laboratory programs, Terracon will describe and classify soil samples in accordance with the Unified Soil Classification  System (USCS).  Engineering and Project Delivery  The results of Terracon's field and laboratory programs will be evaluated, and a geotechnical engineering report will be prepared under the supervision of a licensed professional engineer. The geotechnical engineering report will provide the following:  Exploration logs with field and laboratory data Stratification based on visual soil classification or CPT data Groundwater levels observed during and after the completion of drilling Site Location and Exploration Plans Subsurface exploration procedures Description of subsurface conditions Estimated settlement of foundations  Recommended foundation options and engineering design parameters Earthwork recommendations including site/subgrade preparation  When services are complete, a printable version of the completed Geotechnical report, including the professional engineer's seal and signature will be provided. Previous submittals, collaboration, and the report will be maintained in OpCenter. This allows future reference and integration into subsequent aspects of Terracon's services as the  project goes through final design and construction.  Additional Services  14  401    Arts District Streetscape Task Order 1  5/24/2024  In addition to the services noted above, the following are often associated with geotechnical engineering services. Fees for services noted above do not include the Review of Plans and Specifications: The geotechnical report and associated verbal and written communications will be used by others in the design team to develop plans and specifications for construction. Review of project plans and specifications is a vital part of the geotechnical engineering services. This consists of review of project plans and specifications related to site preparation, foundation, and pavement construction. Terracon review will include a written statement conveying opinions relating to the plans and specifications consistency with the geotechnical engineering recommendations. Observation and Testing of Pertinent Construction Materials: Development of the geotechnical engineering recommendations and report relies on an interpretation of soil conditions. Terracon's assessment is based on widely spaced exploration locations and the assumption that construction methods will be performed in a manner sufficient to meet expectations and consistent with recommendations made at the time the geotechnical engineering report is issued. Terracon should be retained to conduct construction observations, and perform/document associated materials testing, for site preparation, foundation, and pavement construction. These services allow a more comprehensive understanding of subsurface conditions and necessary documentation of construction to confirm and/or modify (when necessary) the assumptions and Perform Environmental Assessments: Terracon Scope for this project does not include, either specifically or by implication, an environmental assessment of the site intended to identify or quantify potential site contaminants. If the client/owner is concerned about the potential for such conditions, an environmental site assessment should be conducted. Terracon can provide a proposal for an environmental  following:  recommendations made by Terracon.  assessment, if desired.  TASK 6 - Public Involvement  The proposed public involvement for this program will consist of the following project  elements:  One (1) public meeting  One (1) Stakeholder Meeting (same day as public meeting)  Public Meetings  Kimley-Horn will conduct one (1) public meeting that will be complemented by a stakeholder meeting earlier ini the same day. The public meeting is anticipated to be during the conceptual design phase (June/July) which will allow the project team to share the proposed design improvement concepts and seek input from the public as well  as engage with the Downtown Partnership..  15  402    Arts District Streetscape Task Order 1  5/24/2024  The City will be responsible for any preparation and mailing postcard notifications for the public meeting to advertise the public meeting. Kimley-Horn will provide the City with a draft and final electronic copy of public meeting materials for review prior to the public meeting. Kimley-Horn will have up to three (3) staff members attend and facilitate the public meetings. The public meeting will be held in-person at a location determined by the City. Kimley-Horn will collect attendees' names and contact information. The purpose of Public Meeting will be to quantify preferences of the public to evaluate during the design process. Display materials will include precedent images and materials types of example gateway features such as gateway columns, arches, signage, lighting and branding. Information will be displayed in an interactive format for public input. Kimley-Horn assumes preparation of the following for this meeting:  Draft and final display boards, up to four (4), illustrating locations of proposed gateway features and material and aesthetic design mood or preference boards.  Comment cards and sign-in sheets. No presentation is included as part of this scope.  Following the public meeting, Kimley-Horn will prepare a summary of the public meeting, survey results, and comments received. A draft of this document will be provided to the City electronically for review. Kimley-Horn will make one round of revisions to the document. The final version oft the summary will be provided to the City.  Stakeholder Meeting  The City will identify and provide Kimley-Horn with a list of stakeholders for participation ino one (1)in-person meeting. The City will be responsible for meeting location and invites. It is anticipated that this meeting will occur in advance of the first public meeting, but on the same day as the first public meeting (June/July). Kimley-Horn will utilize the same materials preparations for the Public Meeting #1 with separate versions for Kimley-Horn will have up to three (3) staff members attend and facilitate the stakeholder meeting. Kimley-Horn will prepare and provide the City with an electronic copy of a draft agenda and meeting materials prior to the stakeholder meeting. Kimley-Horn will conduct one round of revisions and prepare materials for use during the meeting. Kimley-Horn will prepare a summary of the stakeholder involvement meeting and provide a draft oft the summary electronically to the City for review.  stakeholder input.  TASK -- 7- Concept Design  Kimley-Horn will begin the project by developing concepts that explore options for gate columns and roadway arches within the defined project limits. This conceptual phase  will include the follow elements:  Research of existing gateway columns and arch types that could be applicable to  the project location.  Develop material pallet for consideration for gateway features.  16  403    Arts District Streetscape Task Order 1  5/24/2024  Research similar gateway projects construction costs.  Location plans to identify preliminary location of columns for Geotechnical Meet with the City to present conceptual findings and prepare for Public Mtg #1  investigations.  Coordination with NCDOT.  TASK 8 - 50% Design Development Plans  Kimley-Horn will prepare 50% design development plans and a digital 3D model illustration of the preferred gateway features upon completion and incorporation of survey data. Prior to starting design, Kimley-Horn will perform a site visit with up to three Based upon public engagement and City input, Kimley-Horn will progress the preferred  (3) staff members.  gateway concept including the following elements: Right-of-way and easements (as needed)  Kimley-Horn will incorporate the Geotechnical Recommendations for structural Design plans, sections, and elevations as needed to depict design intent of the  design from Terracon.  gateway features, including preliminary signage design. Plans will include hardscape and landscape.  Cut-sheets ofl lighting, furnishings or other products to be associated with Kimley-Horn assumes that irrigation design will not be included in this project. These services can be provided as an additional service. Digital 3D model llustration(s) of the preferred gateway features depicting the Arch & Columns @ Reade Circle; looking towards Reade Cir. One (1) column at 10th Ave. & RR; looking towards RR (on the Right) This 3D model will be utilized to evaluate vehicular views of the archway with the existing Reade Circle traffic signal in the background. This will be important to verify the proposed arch will not impact drivers view of the traffic signal. Graphic representation of the proposed arch and performance specification to provide to ai fabricator or contractor for final arch design. Lighting and electrical design, see Task 11.  the gateway features.  following views  This submittal will consist of a Cover sheet, preliminary plans, sections, elevations and a Kimley-Horn will develop a 50% opinion of probable construction cost (OPCC) with the 50% plans. Because Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, will be made on  digital renderings from a 3D model for submittal to the City.  17  404    Arts District Streetscape Task Order 1  5/24/2024  the basis ofi its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. Kimley-Horn cannot and does not guarantee that Kimley-Horn will provide a Quality Control/Quality Assurance review of the 50% plans prior to the submittal. Kimley-Horn will submit electronic PDFS oft the plans to the City and utility companies. CADD drawings will be provided to the City in AutoCAD (DWG) format upon request. Kimley-Horn will also coordinate with its subconsultants and the City through the development oft the 50% plans and will respond to inquiries via email Kimley-Horn will have up to three (3) staff members coordinate and conduct a virtual 50% Review Meeting with the City and will prepare minutes as well as address review  proposals, bids or actual costs will not vary from its opinions of cost.  and telephone.  comments received.  TASK 9 - Utility Coordination  The City will be copied on pertinent correspondence. or communications between Kimley-Horn and any agency or utility company. All tasks for Utility Coordination will be Prior to the development and submittal of the50% Schematic Design plans, Kimley-Horn will review the provided SUE information toi identify utilities that may be impacted by the construction of the gateway columns. Kimley-Horn will coordinate with private utility companies whose facilities to be impacted. Kimley-Horn will distribute a plan corridor map to the utilities present within the corridor identified by the SUE information with requests to confirm existing facilities and identify any proposed facilities and will confirm Following the completion of the 50% Schematic Design phase of the project, Kimley- Horn will conduct a kickoff utility coordination meeting with private utilities to review the proposed design. Kimley-Horn will furnish information pertaining to proposed construction to the identified utility companies and agencies and conduct up to one (1) field coordination meeting with utilities to review the project, confirm existing facilities, verify pole types and identification numbers, and identify obvious conflicts. The field coordination meeting will also seek to determine restrictions to relocations and identify cost prohibitive adjustments (based on utility owner feedback). Kimley-Horn will review all available utility plans, collect additional field data as required, and assist the City as needed to validate and document (if necessary) any claims made by utilities for reimbursement from the City. The utility coordination meeting will establish the basis for The purpose of the utility coordination is to identify potential conflicts and to shift the proposed gateway columns to avoid the existing known utilities. Utilities that still remain ino conflict will be identified and provided to the applicable utility owner for relocation. Kimley-Horn will coordinate the resolution of utility conflicts with the respective utility  performed with the review and approval of the City.  receipt of the same.  the conflict matrix.  18  405    Arts District Streetscape Task Order 1  5/24/2024  owners. The design and adjustment of privately-owned utilities willl be the responsibility of the respective utility owners, with coordination provided by! Kimley-Horn. Utility conflict resolution plans and Utility by Other (UBO) plans are not included in this scope of work and will be considered an additional service. The City will be informed or invited to all utility coordination meetings (assumed one). Items to address at this meeting will include phasing coordination with proposed gateway features, traffic control plans, joint pole and duct bank usage, potential conflict with signals and other utilities along the corridor, and distribution pole relocation coordination. Kimley-Horn will prepare and distribute utility coordination meeting minutes TASK 10 - Transportation and Pedestrian Management  as requested by the City.  Plans  Kimley-Horn will prepare Transportation and Pedestrian Management Plans (TMP) that include a phasing sequence listing work to be done for each gateway column/arch, traffic control diagrams and details of each phase and any special considerations, such as time limitations, hour of day limitations, or intermediate completion times/iquidated damages Kimley-Horn will prepare construction TMPS, which will indicate how vehicular and pedestrian traffic is to be maintained during construction of the project. NCDOT Roadway Standard Drawings will be referenced in the traffic control plans but will not be detailed as a part of the traffic control plans. The Proposed Public Rights-of-Way Accessibility Guidelines (PROWAG) will be referenced when developing the pedestrian traffic control plan. Development of these plans will consider required phasing oft the private utility companies' relocation designs, ifa any, during construction. The plans will incorporate U-5606 phasing and address and include all traffic control devices, signs, restrictions, and pavement markings required during construction of the recommended The TMPS will be designed to meet current NCDOT and MUTCD criteria. Kimley-Horn will prepare the plans on plan sheets at a scale of 1-inch = 20 feet horizontal. These plans will be prepared and submitted concurrently with the 50% Plans, 90% Plans, and  too construct the proposed improvements.  improvements.  100% Plans.  TASK 11 - Lighting and Electrical Design  This task encompasses the design of lighting for the proposed gateway features and the associated electrical system to support. Below is a brief description of what is included: Uplighting for each proposed archway support or monumental column. One (1) metered electrical service for each gateway feature location (up to two)  Backlighting for text on potential gateway arches. to provide power for the lighting is assumed.  19  406    Arts District Streetscape Task Order 1  5/24/2024  50% Design Development Lighting and Electrical Design Kimley-Horn will prepare electrical plans for the proposed accent lighting associated with the three gateway columns and one arch. Accent lighting will include up-lighting of the columns. Power will also be run to the columns themselves to create electrical connections fori future lighting that may be desired on the proposed arch. Kimley-Horn will prepare the electrical plans per City of Greenville and NEC standards and will include the use of NCDOT standard service cabinet and conduit system equipment. Kimley-Horn will coordinate with GUC to obtain service locations for the proposed accent lighting. Technical specifications will be developed for the proposed lighting fixtures. The 50% Design Development electrical plans for proposed accent lighting systems will  be based on the following assumptions:  The design shall incorporate lighting fixtures that will be maintained by the Photometric modeling of accent or aesthetic lighting can be completed as an Proposed luminaire types will be recommended by Kimley-Horn and Kimley-Horn will coordinate with GUC for the installation of new services Accent lighting fixtures shall be controlled via a centralized photocell. AlII lighting circuit conductors shall be placed in conduit with aj junction box  City of Greenville/GUC. additional service. approved by the City.  required for the proposed light fixtures. placed adjacent to each column.  The 50% Design Development lighting plans will consist of the following elements developed by Kimley-Horn to be incorporated into the broader set of plan sheets and  specifications package:  Light fixture locations and details. Proposed electrical service location. proposed accent lighting fixtures.  Horizontal layout of conduits, junction boxes, lighting distribution panels and electrical service locations to support electrical service connection to the  90% Construction Documents Lighting and Electrical Design Upon receiving up to one round of consolidated comments from the City, Kimley-Horn The 90% Electrical Design will consist of the following elements to be incorporated into plan sheets and a specifications package tol be developed by the Consultant:  will prepare and submit 90% electrical design plans.  Updated horizontal layout of conduits, junction boxes, lighting distribution panels and electrical service locations to support electrical service connection  tot the proposed accent lighting fixtures. Electrical plan notes. Conductor and conduit sizing. Circuit identification.  Installation details consisting of one-line diagram and panelboard schedules.  20  407    Arts District Streetscape Task Order 1  5/24/2024  Draft luminaire technical specifications.  Final 100% Construction Documents Lighting and Electrical Design Upon receiving up to one (1) round of consolidated comments from the City, Kimley- Horn will prepare and submit final electrical design plans. Final Lighting and Electrical design plans will incorporate revisions necessary to address comments received and will be incorporated into the broader plans and specs package for submittal to the Client.  TASK 12 - Structural Design  Kimley-Horn will prepare plans for up to three (3) permanent columns and foundations for signage structures. Two (2) of the column and foundation systems will support an arched sign near Reade Circle. Kimley-Horn will coordinate with the sign fabricator to determine the top of column loads required for structural design of column and Structural design of the arched sign is not included in this scope and assumed to be completed by sign fabricator. Structural staff will coordinate with landscape architectural staff to provide structural notes/design elements that detail horizontal and vertical clearances on a schematic detail showing the aesthetic intent of the proposed arch. This detail will be accompanied by a performance specification to provide to a fabricator The column and foundation plans and designs will be prepared in accordance with AASHTO LRFD Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals (with 2020 Interim Revisions), AASHTO LRFD Bridge Design Specifications (9th Edition), 2024 NCDOT Standard Specifications for Roads and Structures, NCDOT Structures Management Unit Manual; based on loading provided by sign fabricators; and based on the final geotechnical recommendations, provided by the Structural Plans will be submitted for review at the 90% Construction Documents phase. Upon receiving up to one round of consolidated comments from the City, Kimley-Horn  foundation system.  or contractor for final arch design.  project Geotechnical Engineer.  will prepare and submit 100% structural plans. TASK 13 - Construction Documents  Kimley-Horn will prepare 90% Construction Documents for the project. Kimley-Horn will incorporate design and right-of-way revisions resulting from property negotiations (as needed) and will submit 90% plans to the City. The 90% Construction Documents will include draft Project technical specifications and special provisions, structural design plans for the columns and foundations, and all revised items listed previously within the Since this gateway project is within the existing construction limits of ongoing U-5606 project, it is assumed for this Task that the Final Construction Drawings will be issued as ac change order to the contractor, Fred Smith. This assumption means that full bid  50% Design Development plan submittal.  21  408    Arts District Streetscape Task Order 1  5/24/2024  documents will not be needed and are not included in the base services scope of work. The design team will provide final plans along with technical specifications and special provisions for the gateway features for the contractor to perform as a change order to the U-5606 project. Design team will also provide 2 separate bid tabs (one for column foundations only and one for all other items identified in the project). The purpose for the two bid tabs is in the event that Fred Smith is only interested in constructing the column foundations as a change order to U-5606 project. Ini this scenario, the other bid items needed for the project (outside the column foundations) would be included in a separate bid package as an alternate service Task 17 Bid Phase Services. Ini the event that Fred Smith does not perform any services on this project as a change order to U-5606, then the entire bid package would be produced as an alternate service Assistance of DOT pre-qualification or reference review for City of Contractor can be Kimley-Horn will provide a Quality Control/Quality Assurance review of the 90% plans prior to the submittal. Kimley-Horn will submit electronic PDFS oft the plans and OPCC to the City and utility companies. CADD drawings will be provided to the City in AutoCAD Kimley-Horn will have up to three (3) staff members coordinate and conduct a virtual 90% Review Meeting with the City and will prepare meeting notes. Kimley-Horn will incorporate consolidated 90% comments from the City into a Final 100% Construction Documents set of plans and OPCC and provide a Quality Control/Quality Assurance review of the final documents prior to submittal to the City. Kimley-Horn will seal the plans for the 100% submittal. Kimley-Horn will submit electronic PDFS of the plans and OPCC to the City and utility companies. CADD drawings will be provided to the City in AutoCAD (DWG) format upon request. Once the City approves the 100% plans, Kimley-Horn will sign the sealed plans and submit to the City. Kimley-Horn will also submit a digital format of all project PDF and electronic files to the City. Kimley-Horn will also coordinate with its subconsultants and the City through the development of the 90% and 100% plans and will respond to  - Task 17 Bid Phase services. provided as an additional service.  (DWG) format upon request.  inquiries via email and telephone.  TASK 14 - Expenses (Kimley-Horn)  22  409    Arts District Streetscape Task Order 1 Additional Services  5/24/2024  TASK 15 - ROW/Easement Mapping (JMT)  IfROW or easement mapping is required for the project JMT will perform the following Prepare easement or right-of-way maps, legal descriptions for recordation. Stake all identified easements at each of the four (3) proposed decorative columns.  mapping services:  TASK 16 - Bid Phase Services  Ift the project (or portions of the project) cannot be issued to U-5606 Contractor (Fred Smith) through a Change order then Kimley-Horn can provide Bid Phase Services as  described below.  Develop Full Bid Package  Kimley-Horn will incorporate agreed to revisions to a final Issued for Bid Construction Documents package inclusive of signed and sealed plans, specifications, City provided front-end documents. Kimley-Horn will submit to the City a completed Issued for Bid  Construction Documents package.  Coordinate Advertisement and Plan Room Setup  Kimley-Horn will manage an on-line Plan Room for the Bid Package where Bidding Contractors can access the Plans and Specifications. Additionally, Kimley-Horn will coordinate advertisement for the bid sets per the requirements set forth by the City. The cost of utilizing this on-line Plan Room is not included in this scope of work and will be  the responsibility of the City of Greenville. Finalize Contract Documents  After final plans are completed, the City will review the bid package and provide comments. Kimley-Horn will address City comments and incorporate any necessary revisions to the contract document that may be need during the period between final Kimley-Horn shall prepare the agenda for and conduct a Pre-Bid Meeting with the Contractor's representatives, the City's staff, and Kimley-Horn's sub-consultants as necessary. Kimley-Horn shall provide assistance to the City as needed during this meeting ini interpreting the plans and specifications and answering the Contractor's questions. Kimley-Horn will provide Meeting documentation for project records.  plans and bid. Pre-Bid Meeting  23  410    Arts District Streetscape Task Order 1  5/24/2024  Issue Addenda  The Engineer shall prepare and issue up to two (2) Addenda during the bidding process. The Engineer shall coordinate with and provide assistance to the City as needed during this process ofi interpreting the plans and specifications and answering the Contractor's  questions. Bid Opening  The Engineer shall prepare the agenda for and conduct the Bid Opening Meeting with the Contractor's representatives, the City's staff, and the Engineer's sub-consultants as necessary. The Engineer shall provide assistance to the City as needed during these meetings ini interpreting the plans and specifications and answering the Contractor's questions. The Engineer will provide Bid Opening Meeting documentation for project  records.  Bid Tabulation and Certification  The Engineer shall review all the qualified bids, including bond and insurance from the Bid Opening, compliance with contract documents, and tabulate these bids and prepare recommendation of award to the City. The Engineer shall certify the recommended bids. The Engineer shall be available to assist the City with contract execution and routing of  Contract Execution and Routing documents for signature.  24  411    GRE  City of Greenville, North Carolina  Meeting Date: 06/10/2024  1774 N.C.  Title of] Item:  Budget Ordinance Amendment #11 to the 2023-2024 City of Greenville Budget (Ordinance #23-046), the Capital Projects Funds (Ordinance #17-024), and the Attached for consideration at the. June 10, 2024 City Council meeting is an ordinance amending the 2023-2024 City of Greenville Budget (Ordinance #23- 046), the Capital Projects Funds (Ordinance #17-024), and the FEMA-Hurricane For ease of reference, a footnote has been added to each line item of the Budget Ordinance Amendment, which corresponds to the explanation below:  FEMA-Hurricane Project Fund (Ordinance #17-002)  Explanation:  Project Fund (Ordinance #17-002).  Funds Amended General Engineering Capital Projects General FEMA-Hurricane Project 200,000 Recreation & Parks Capital General  Increase /(Decrease)  Item  Justification Tor reclassify funds to cover A additional BUILD Grant expenses. Toa appropriate funding from the General Fund and the B FEMA-Hurricane Project Fund to cover costs associated with Greenfield Terrace Park Improvements. Tor recognize additional C investment earnings within the General Fund based on year-to-date returns. To appropriate funding within the Police Department D to cover items approved at May 6, 2024 Council meeting. Toa appropriate funding to E cover the Arts District project. To recognize funding F received for the United Way Campaign.  69,000 269,000  735,000  General  245,000  General Engineering Capital General  10,000 5,230  Item #18.  412    To transfer available bond funding to establish the North-South Connector Project.  Street Improvement Bond 637,152 Engineering Capital 1,500,000  Fiscal Note:  The Budget Ordinance Amendment affects the following funds:  2023-24 Original  2023-24 Budgetper #11 6,863,408 8,266,066 6,357,587 9,419,549 12,875,428 2,717,697 14,376,386 11,842,536 2,354,639 15,121,125 59,803,361 19,634,757 594,986 4,654,328 12,717,183 65,999,744 24,689,311 5,000,000  Fund  Budget Amendment Amendment $109,914,095) 1,064230510978325  #11  General Debt Service Public Transportation (Transit) Fleet Maintenance Sanitation Stormwater Utility Housing Health Insurance Vehicle Replacement Facilities Improvement Special Revenue Grants Public Works Capital Projects Recreation & Parks Capital Projects 18,273,552 Community Development Capital Projects Engineering Capital Projects Donations Occupancy Tax Fire/Rescue Capital Projects Street Improvement Bond Capital Enterprise Capital Projects ARPA Capital Reserve FEMA-Hurricane Project  6,863,408 8,266,066 6,357,587 9,419,549 12,875,428 2,717,697 14,376,386 11,842,536 2,354,639 15,121,125 59,803,361 19,634,757 594,986 4,654,328 12,717,183 17,840,414 65,999,744 24,689,311 5,000,000 2,212,100  269,000 18,542,552  60,495,786 1,612,500 62,108,286  637,152 18,477,566  200,000 2,412,100  Recommendation: Approve Budget Ordinance Amendment #11 to the 2023-2024 City of  Greenville Budget (Ordinance #23-046), the Capital Projects Funds (Ordinance #17-024), and the FEMA-Hurricane Project Fund (Ordinance #17-002).  ATTACHMENTS BA11.xlsx Item #18.  413    ORDINANCENO. 24- CITY OF GREENVILLE, NORTHO CAROLINA andt theF FEMA-Hurricane) Project Fund (Ordinance #17-002) CAROLINA, DOES ORDAIN:  Ordinance (#11)A Amendingt the2 2023-24B Budget (Ordinance #23-046), Capital Projects! Funds (Ordinancef #17-024),  THEC CITY COUNCILO OF1 THEC CITY OF Section!:  Revenuesa andA Appropriations. GeneralE Fund, ofOrdinance #23-046ishereby  amendedbyi increasinge estimatedr revenues anda appropriationsi inthea amounti  Budget Amendment #11  2023-24 Revised Budget 39,689,205 $ 30,766,976 738,769 176,125 6,896,611 1,705,845 891,145 2,390,610 769,916 4,982,550 3,300,000 300,000 1,398,790 1,307,739 8,199,596 6,220,547 179,671 109,914,095 683,537 $ 3,699,926 411,036 765,619 3,583,353 4,387,953 6,134,617 (102,500) 19,153,841 3,719,914 9,650,587 30,631,948 8,335,449 2,758,297 1,493,176 700,000 40,000 (1.950.887) 94,198,366 $ (102,500) $ 15.715.729 s 102.500 $ 69.000 $ 15,715,729 $ 102,500 $ 69,000 109.914.095  2023-24 Total Budget per Amend#11 Amend #11 39,689,205 30,766,976 738,769 176,125 6,896,611 1,705,845 891,145 2,390,610 1,020,146 4,982,550 3,300,000 300,000 1,398,790 2,042,739 8,199,596 6,299,547 179,671 683,537 3,774,926 411,036 765,619 3,838,583 4,387,953 6,032,117 19,453,841 3,719,914 9,650,587 30,976,948 8,335,449 2,758,297 1,503,176 700,000 40,000 (1.950.887) 5,230 $ 882,730 $ 95,081,096 181,500 ls 15.897.229 181,500 15,897,229  ESTMATEDREVENUES Property Tax SalesT Tax Video Prog. &1 Telecom. ServiceT Tax Rental Vehicle Gross Receipts Ulilities Franchise Tax Motor VehicleT Tax Other UnrestrictedI Intergovt Powell Bill RestrictedI Intergovt Revenues Licenses, Permitsa and Fees Rescue Service Transport Parking Violation Penalties, Leases, Other Revenues Interesto onl Investments TransfersI InGUC Appropriated! FundE Balance Transferf from Other Funds TotalR Revenues Mayor/CityCouncil CityA Manager CityClerk City/Attorney Human! Resources Information? Technology Engineering Fire/Rescue Financials Services Recreationa &E Parks Police Public Works Plamning&D Development Neighborhood&l Business Services OPEB Contingency Indirect CostF Reimbursement Total Appropriations OTIERFMANCINESOIRGS Transferst to Other Funds Total Other Financings Sources TotalA Appropa & Other FinSources  245,000  5,230 250,230  735,000 69,000 69,000  735,000 79,000  10,000  245,000 10,000 5,230 1,064,230 110,978,325  75,000 250,000 300,000 100,000 245,000 10,000 735,000 $ 245,000 $  75,000 5,230 255,230 (102,500) 300,000 345,000 10,000  10.000 10,000  69.000 735.000 245.000 10.000 5,230 $ 1.064.230 110.978.325  414    Sectionl I: Estimated Revenuesa andA Appropriations. Recreation8 &I Parks Capitall Project Fund,o ofOrdinance #17-024ishereby: amended! byi increasinge estimated revenuesa anda appropriationsi int thea amounti indicated:  2023-24 Revised Budget 1,122,457 $ 3,668,669 128,822 82,965 154,818 117,340 74,870 572,900 2,082,755 567,148 971,573 8,729,235 18,273,552 306,325 $ 11,191,321 9,000 45,000 4,310,290 100,000 147,000 75,000 72,900 1,051,403 497,361 44,870 423,082  2023-24 Total Budgetp per Amend* #11 Amend #11 1,122,457 69,000 3,737,669 128,822 82,965 154,818 317,340 74,870 572,900 2,082,755 567,148 971,573 8,729,235 306,325 11,191,321 9,000 45,000 4,310,290 100,000 147,000 75,000 72,900 1,051,403 766,361 44,870 423,082  ESTMATEDREVENUES RestrictedI Intergovermental Transferf from GeneralF Fund Transferf from Capital Reserve Transferf from CDCap! ProjFund Transferf from FIP Transferf from FEMA-Hurricane Transferf fromF PWC CapP ProjF Fund Transferf from Occupancy Tax Reserve Speciall Donations Miscellancous Revenue Appropriated FundB Balance Long TermF Financing Total Revenues APPROPRIATIONS Water Sports FacilityF Project Wildwood Park Transfert to General Fund ParksI Improvements PoolF Replacement Off-Lease Dog Park Parks Comprehensivel Master Plan PickleballC Conversion Sports Complex! Feasibility Study Guy Smithl Improvements Greenfield Terrace Elms Street Improvements Transfert toOtherF Funds TotalA Appropriations  69,000 200,000 200,000  269,000 269,000 18,542,552  269,000 269,000  18,273,552 269,000 $ 269,000 18,542,552  Sectionl m: Estimated Revenues andA Appropriations. FEMA-Hurricanel Project Fund, ofOrdinance #17-002 ishereby amendedbyi increasing estimated revenuesa and appropriationsi int thea amounti indicated:  2023-24 Revised Budget 2,211,500 $ 600 2,212,100 473,248 $ 1,380,334 358,518 2,212,100  2023-24 Total Budgetp per Amend #11 Amend #11 2,211,500 600 200,000 473,248 1,380,334 558,518  ESTMATEDREVENUES North CarolinaD Divisiono ofEmergencyA Management Transferf from GeneralF Fund Appropriated FundE Balance Total Revenues City Property Debris Removal Transfert to Other Funds TotalA Appropriations  200,000 200,000 200,000 200,000 2,412,100 200,000 200,000 200,000 200,000 2,412,100  415    Sectionl IV: EstimatedF Revenuesa and Appropriations. Engineering Capitall Projects Fund,o ofOrdinance #20-019ishereby: amended byi increasinge estimatedr revenues anda appropriationsin int thea amounti indicated:  2023-24 Revised Budget 18,400,000 $ 190,000 9,813,000 3,266,882 2,680,921 2,661,022 1,150,000 8,258,868 4,000,000 1,433,040 8,642,053  2023-24 Total Budgetp per Amend# #11 Amend# #11 18,400,000 190,000 9,813,000 3,266,882 4,180,921 2,661,022 1,150,000 8,371,368 4,000,000 1,433,040 8,642,053 62.108.286 6,568,269 1,302,840 240,000 1,250,000 45,000 1,125,000 56,000 885,000 1,500,000 179,671 62,108,286  ESTMATEDREVENUES Special Fed/State/Loc Grant Restricted Intergovemmental- -NCDOT Transfer fromA ARPAF Fund Transfer from Capital Reserve Transfer from StreetI Improvement BondF Fund Transfer from Other Funds Other In-kindo Contributions Transfer from GeneralF Fund Transfer from Stormwater Utility Salec of Property Long Term Financing TotalR APPROPRIATIONS BUILD PavementN Management Program Employee! Parkingl Lot Ficklens Streetl Improvements Dickinson Avenuel Improvements Mast Arm Project 4ths Street Project Traffic Safety Improvements Arts District North South Connector Transferto toGeneralF Fund TotalA Appropriations  1,500,000 1,500,000  102,500 10,000  112,500 $ 1,612,500  60.495.786 102,500 $ 10.000 48,574,006 $ 382,500 $ 6,568,269 1,302,840 1,115,000 1,250,000 325,000 (280,000) 1,125,000 56,000 179,671  382,500 $ 48,956,506 (875,000) (280,000) 885,000 1,500,000 1,500,000  (875,000) 885,000  102,500 10,000 1,500,000 1,612,500  416    Section V. Estimated Revenues andA Appropriations. Streetl Improvement Bond Capitall Project Fund,af Ordinance #17-024ishereby: amended! byi increasingestimated/ revenuesa anda appropriationsi int the  amounti indicated: ESTMATDKEVENUES BondP Proceeds Bond Premium Transfer from PWC CapitalF Projects Appropriated! FundE Balance Total Revenues APPROPRIATIONS Other Bond Resurfacing Arlington) Improvements Eastside Greenway Stations Rd/10ths Street Sidewalk West Sth SafeR Routestos School Transfert to GreenwaysF Fund Transfert to Public WorksCapital Projects Transfert tol Engineering Capital! Projects Total Appropriations  2023-24 Revised Budget 16,712,848 $ 1,002,566 125,000 17,840,414 5,600,000 $ 755,919 4,796,648 239,407 312,854 171,021 198,556 360,000 112,240 17,840,414  2023-24 Total Budgetper 3. Amend# #11 Amend# #11 16,712,848 637,152 1,002,566 125,000 637,152 18.477,566 5,600,000 755,919 4,796,648 239,407 312,854 171,021 198,556 360,000 112,240  637,152 637,152  2,612,848 (862,848) (862,848) 1,750,000 2,680,921 1,500,000 1,500,000 4,180,921  637,152 637,152 18,477,566  Section VI: All ordinancess ande clauses ofo ordinancesi inc conflicty witht thiso ordinances areh herebyr repealed:  Adoptedt thisl 10thd dayo ofJune,2 2024  P.J.Connelly, Mayor  ATTEST: ValerieP.S Shiuwegar, CityClerk  417