River Bend Town Council Work Session Minutes January 11, 2024 Town Hall 7:00 p.m. Mayor John Kirkland Lisa Benton Brian Leonard Barbara Maurer Jeff Weaver Buddy Sheffield Delane Jackson Kristie Nobles Trey Ferguson Sean Joll 9  Present Council Members:  Town Manager: Town Clerk: Town Attorney: Police Chief:  Members of the Public Present: CALL TO ORDER  Mayor Kirkland called the meeting to order at 7:00 p.m. on Thursday, January 11, 2024, at the Councilman Sheffield motioned to add item 7A, a brief discussion of the old Public Works Counciwoman Maurer motioned to add item 3B, contract agreement with Rivers and Associates Counciwoman Maurer motioned to accept the agenda as amended. The motion carried Councilwoman Benton moved to approve the Ethics Training Resolution as presented. The Counciwoman Maurer motioned to approve Budget Amendment 23-B-04 as presented. The Counciwoman Maurer motioned to approve the Water Supply Study Engineering Contract as Manager Jackson stated that the next council meeting will be the annual budget kick-off meeting  River Bend Town Hall with a quorum present.  Additions to the Agenda  Building, to the agenda. The motion carried unanimously. toi the agenda. The motion carried unanimously. VOTE- -A Approval of Agenda unanimously.  VOTE. - Ethics Training Resolution motion carried unanimously. (see attached) VOTE - Budget Amendment motion carried unanimously. (see attached)  VOTE: = Contract. Agreement with Rivers and Associates presented. The motion carried unanimously. (see attached)  Budget Kick-off  and he will give a presentation toi the Council.    River Bend" Town Council January 11,2 2024 Work Session Minutes Page2of20  DISCUSSION. - Grant Application Resolution that will allow the Town to upgrade the town's water wells. DISCUSSION- - 1999 Stormwater Drainage Master Plan with EWAB and ask them for recommendations. Discussion CAC Median Recommendation  The Town Manager stated that the resolution included in the agenda package is the standard form from the state of North Carolina that is required. He stated that he is applying for a grant  Councilman Leonard stated that the Town has a Stormwater Drainage Master Plan that is dated from 1999 and he would like to see the plan updated. He stated he is going to share the plan Counciwoman Maurer stated that there has been a lot of confusion and rumors on the CAC Median Project recommendation. She stated that she would like to remove #2 from Issue #2 - Roadway Safety in the CAC Median Recommendation. Councilman Weaver stated that the Council agreed that safety was the top priority for this project. He stated that he would like to have #1 removed also regarding walkways. The Council agreed and they will vote at the next Councilman Sheffield stated that the Council had decided to allow the Red Caboose Community Library to use the old Public Works building, but he thinks the Council should designate the building as the Community Building #3. He stated that town staff would manage usage of the building like the Municipal Building. Councilman Leonard stated that the closed session on the agenda was regarding this topic and he suggest they discuss this in closed session. REVIEW = Agenda for the January 18, 2024, Council Meeting The Council reviewed the agenda for the January 18, 2024, Council Meeting. Councilman Sheffield moved to go into Closed Session under NCGS 143-318.110)3/6). The motion carried unanimously. The Council entered Closed Session at 7:51 p.m. Councilman Sheffield moved to return to Open Session at 8:40 p.m. The motion carried Councilman Sheffield stated that he would like to withdraw his previous comments regarding There being no further business, Councilman Leonard moved to adjourn. The motion carried  meeting.  Discussion - Future Use of Soon-to-be Vacated Public Works Building  CLOSED SESSION OPEN SESSION unanimously.  turning the old Public Works Building into a Community Building. unanimously. The meeting was adjourned at 8:41 p.m.  ADJOURNMENTRECESS  Hisstic nols Kristie J. Nobles, CMC, NCCMC  Town Clerk    RiverE BendT January Town 11,2 Council 2024 Work Session! Minutes Page3of20 2024-RES-01  TOWN OF RIVER BEND  RESOLUTION APPROVING A QUALIFIED SOURCE FOR OBTAINING THE ETHICS TRAINING REQUIRED BY N.C. GEN. STAT. S 160A-87 WHEREAS, the North Carolina General Assembly enacted North Carolina General Statute S 160A-87 requiring that all members of this Board receive a minimum of two (2) clock hours of ethics education within twelve (12) months after initial election or appointment and again within 12 months after each subsequent election or  appointment to the office;  WHEREAS, said ethics education may be provided by a qualified source other than those expressly described in North Carolina General Statute S 160A-87 at the discretion of this Board pursuant to North Carolina General Statute S 160A-87(c); and WHEREAS, Sumrell Sugg, P.A. is a qualified source of such ethics education due to the fact that its attorneys have extensive experience and knowledge of the laws and principles that govern conflicts of interest and ethical standards of conduct at the  local government level.  NOW THEREFORE, BE IT HEREBY RESOLVED, that Sumrell Sugg, P.A. is approved as a qualified source of the mandated ethics education described in North Carolina General Statute S 160A-87 for the members oft this Board, as necessary. This Resolution is effective upon its adoption this 11th day of January 2024  82 ASllul John R. Kirkland, Mayor  ATTEST:  nsdpk Kristie J. Noblés, Town Clérk, CMC    River Bend7 Town Council January 11, 2024 Work Session! Minutes Page4of20  TOWN OF RIVERI BEND BUDGETORDINANCE, AMENDMENT: 23-B-04 FISCAL) YEAR2 2023-2024  BE IT ORDAINED. byt the Council oftheT Town of RiverE Bend, North Carolina thatt the 2023-2024 Budget Ordinance  asl last amended on! November 9, 2023, be amended ast follows:  Summary  General Fund General Capital Reserve Fund Law Enforcement: Separation Allowance Fund Water Fund Water Capital Reserve Fund Sewer Fund Sewer Capital Reserve Fund Total General Fund  2,221,337 56,900 12,685 655,804 10 679,504 1 3,626,241  Section: 1. Anticipated Revenues  ADI VALOREM' Taxes 2023-2024 ADY VALOREM' Tax-Motor Vehicle Animall Licenses Sales Tax1 1% Article 39 Sales Tax 1/2% Article 40 Sales Tax 1/2%A Article 42 Sales Tax/ Article 44 Sales Tax Hold Harmless Distribution Solid' Waste Disposal Tax Powell Bill Allocation Beer: and' Winel Tax Video Programming Sales Tax Utilities Franchise Tax Telecommunications Sales Tax Court Refunds Zoning Permits Miscellaneous Interest- Powell Billl Investments Interest-Generall Fund Investments Contributions Wildwood: Storage Rents Rents & Concessions Salec ofF Fixed Assets Transfer From Capital Reservel Fund Appropriated Fund Balance Total  935,566 90,000 1,500 195,868 114,635 97,901 13,090 108,195 2,200 100,486 13,225 49,621 112,169 6,725 500 7,000 16,200 50 20,000 901 18,144 18,000 4,600 43,504 251,257 2,221,337  Page1of5    River BendT Town Council January 11, 2024 Work SessionN Minutes Page 5of20  Section 1. Authorized Expenditures  General Fund (continued) Governing Body Administration Finance Taxl Listing Legal Services Elections Police Public Buildings Emergency: Services Animal Control Street Maintenance Public Works Leaf & Limb and Solid Waste Stormwater Management Wetlands and' Waterways Planning &2 Zoning Recreation & Special Events Parks & Community Appearance Contingency Transfer To General Capital Reserve Fund Transfer Tol L.E.S.A. Fund Total General Capital Reserve Fund Contributions from General Fund Interest Revenue Total  47,350 332,000 131,306 13,700 40,090 0 769,335 102,000 2,870 16,225 271,050 186,050 52,384 44,840 2,900 55,000 11,100 55,130 20,807 55,000 12,200 2,221,337  Section 2. Anticipated! Revenues  55,000 1,900 56,900 43,504 13,396 56,900  Authorized Expenditures  Transfer to General Fund Future Procurement  Section: 3. Anticipated Revenues:  Law Enforcement Separation. Allowance Fund  Contributions from General Fund Interest Revenue Total Separation Allowance Futurel LEOSSA Payments Total  12,200 485 12,685 0 12,685 12,685  Authorized Expenditures:  Page 2of5    RiverE Bend Town Council January 11,2 2024 Work Session! Minutes- Page 6of20  Section4. Anticipated Revenues  Water Fund  Utility! Usage Charges, Classes1 1 &2 Utility Usage Charges, Classes 3&4 Utility Usage Charges, Class 5 UtilityUsage Charges, Class 8 Utility Customer Base Charges Hydrant Availability Fee Taps & Connections Fees Nonpayment Fees Late payment Fees Interest Revenue Sale of Capital Asset Appropriated Fund Balance Total Administration: & Finance [1) Operations and Maintenance Transfer To Fund Balance for Capital Outlay Transfer Tol Water Capital Reserve Fund Total [1 Portion of department; for bondo debt service: Water Capital Reserve Fund Interest Revenue Total  210,591 12,428 15,002 4,644 278,811 19,764 1,250 10,500 7,822 3,488 0 91,504 655,804 491,804 140,500 23,500 0 655,804 141,157  Authorized Expenditures  Section! 5. Anticipated Revenues  Contributions From Water Operations Fund  0 10 10 10  Authorized Expenditures  Future Expansion & Debt Service  Page 3of5    River Bend1 Town Council January 11, 2024 Work SessionN Minutes Page7of20  Section6 6. Anticipated Revenues:  Sewer Fund  Utility Usage Charges, Classes 1&2 Utility Usage Charges, Classes3&4 Utility Usage Charges, Class 5 Utility Usage Charges, Class 8 Utility Customer Base Charges Taps & Connection Fees Late payment Fees Interest Revenue Sale of Capital Asset Appropriated! Fund Balance Total Administration & Finance [2] Operations andI Maintenance Transferi to Fund Balance for Capital Outlay Transfer to Sewer Capital Reserve Fund Total [2] Portion ofo department; for bond debts service:  267,170 36,679 28,142 16,833 296,108 1,250 8,384 5,836 0 19,102 679,504 483,204 192,800 3,500 0 679,504 121,893  Authorized Expenditures:  Section 7. Anticipated Revenues:  Sewer Capital Reserve Interest Revenue Total  0 1 1  Contributions From Sewer Operations Fund  Authorized Expenditures:  Future Expansion & Debt Service  Page 4 of5    RiverE BendT Town Councll January 11,2 2024 Work Session Minutes Page8of20  Section8 8.  Levy ofTaxes  Therei ish hereby levieda at taxa att thei rate of twenty-four cents ($0.24) per one hundred dollars ($100) valuation of propertyas listedi fori taxes as of January1,2 2023, fori the purpose ofr raisingt the revenue listed as' "Ad Valorem Taxes 2023-2024"1 in the General Fund Section: 1 oft this ordinance. This rate ist basedo ona a valuation of $393,280,0001 for purposes oft taxation ofr real and personal property with: ane estimated rate ofc collection of 99.12%. Thee estimated collection ratei is based ont thet fiscaly year 2021-2022 collection rate of 99.12% by Craven County whol hask been contracted to collect real and personal propertyt taxes for thel Town of River Bend. Alsoi includedi isa valuation of $37,500,0001 for purposes oft taxation of motor vehicles witha  collection rate of1 100% by the North Carolina Vehicle Tax System.  Section9.  Fees and Charges  Therei is hereby established, for Fiscal Year 2023-2024, variousi fees and charges as containedi in/ Attachment. Ad oft this document.  Section1 10.  Special Authorization oft the Budget Officer  A. The Budget Officer shalll be: authorized tor reallocate any appropriations within departments.  B. Thel Budget Officer shalll be authorized to executel interfund and interdepartmental transfers ine emergency: situations. Notification of alls suchi transfers shall! ber madet tot the Town Council ati its next meeting following the transfer. C. Thel Budget Officer shallb be: authorized to executei interdepartmental transfersi int thes samei fund, including contingency appropriations, not to exceed $5,000. Notification of alls suchi transfers shall be madet tot the Town Council ati its next  meeting following thet transfer.  Section 11.  Classification: and! PayF Plan  Cost of Living Adjustment (COLA) for all" Town employees shall be 4.4% and shall begint the first payroll int the newi fiscaly year. Thel Town! Manager isl hereby authorized to grant meriti increasest tol Towne employees, whene earned, pert thea approved Pay Plan.  Section: 12.  Utilization oft thel Budget Ordinance  This ordinance: shall bet the basis oft thef financial planf fort the Town of RiverE Bendi municipal government duringt the 2023-2024 fiscaly year. The Budget Officers shall administer the Annual Operating Budget ands shalle ensuret the operating staff and officials are provided with guidance and sufficient details toi implement their appropriate portion oft the! budget.  Section: 13.  Copies of this Budget Ordinance  Copies oft this Budget Ordinance: shall bei furnished tot the Clerk, Town Council, Budget Officer and Finance Officert to! be kept  ont file byt them fort their direction int the disbursement off funds. Adopted this: 11thd day anuary, 2024. Ge  Attest:  hidtis! 012 % KristieJ J.I Nobles, Town Clerk, CMC, NCCMC  Page! 5 of5    RiverE BendT TownCouncil January 11,2 2024 Work Session! Minutes Page9of20  SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES  This is an Agreement between the Town of River Bend (Owner) and Rivers & Associates, Inc. (Engineer). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as Watersupplystudyl (Project). Engineer'sservicesu underthis Agreement (Services): areg generallyi identified as evaluation of water supply and treatment alternatives and preparation of a report to provide a  secure and cost-effective future water supplyt for the' Town. Owner and Engineer further agree as follows: 1.01 Services of Engineer  A. Engineer shall provide orf furnish the Services set forthi int this Agreement, and any Additional A. Owner shall provide Engineer with existing Project-related information and data in Owner's possession and needed by Engineer for performance of Engineer's Services, Owner will advise the Engineer of Project-related information and data known to Owner but not in Owner's possession. Engineer may use andi rely upon Owner-furnished informationand data in performing its Services, subject to any express limitations applicable to the furnished 1. Following Engineer's assessment ofir initially-available Project information and data, and upon Engineer's request, Owner shall obtain, furnish, or otherwise make available (if necessary through retention of specialists or consultants) such additional Project- related information and data as isr reasonably required to enable Engineer to complete its Services; or, with consent of Engineer, Owner maya authorize the Engineert to obtain or provide all or parto ofs such additional! information and data as Additional Services. B. Owner shall provide necessary direction and make decisions, including prompt review of Engineerssubmittals; and carry outi its other responsibilities in at timely manner so as nott to delay Engineer's performance. Owner shall give prompt noticet to Engineer whenever Owner observes or otherwise becomes aware of (1)any relevant, material defect or nonconformance in Engineer's Services, or (2) any development that affects the scopé or  Services authorized! by Ownera and consented to by Engineer.  2.01 Owner's Responsibillties  items.  time ofperformance of Engineer'sServices.  3.01 Schedule for Rendering Services  A. Engineer shall complete its Services within the following specific time period: 12 months from the Effective Date of the Agreement. If no specific time period is indicated, Engineer 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 délayed orsuspended, thent thet timei for complétionofingheer's: Services, andt thet ratesand amounts of Engineer's compensation, shalll be adjusted equitably. EICDCOE E-520, Short Form ofA Agreement Between Ownera and Engineer for Professional Services. Copyright 02020 Nationals SocletyofProfesional. Engineers, American Councilo ofE Engineering Companies,  shall complete its Services within ar reasonable period oftime.  and Americans Socety ofo Civill Englneers. Allrightsreserved.  Page1    River Bend7 Town Council January1 11, 2024 Work Session) Minutes Page 10of20  4.01 Involces and Payments  A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the involces to Owner on a monthly basis. Invoices are due and payable within B. Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owners shall pay! Engineer as set forthi int thisF Paragraph 4.01, Invoicesand Payments. IfOwner disputes ani invoice, either as to amount or entitlement, then Owners shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion C. Failure to Pay: If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer's invoice, then (1) the amounts duel Engineer willl be increased att ther rate of1.0% perr month (ort ther maximum rate ofi interest permitted by law, if less) from said thirtieth day; (2) in addition Engineer may, after giving 7 days' written notice to Owner, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges, andi ins such case Owner waivesa any and allo claims against Engineer for any such suspension; and (3)! Ifany payment due Engineer remains unpaid after 90 days, Engineer may terminatei the Agreement for cause pursuant to Paragraph! 5.01.A.2. D. Reimbursable Expenses: Englneer is entitled to reimbursement of expenses only if sO indicated in Paragraph 4.01.E or 4.01.F. If sO entitled, and unless expressly specified otherwise, the amounts payable to Engineer for reimbursement of expenses will be the Project-related internal expenses actually incurred or allocated. by Engineer, plus alli invoiced external expenses allocable to the Project, including Engineer's subcontractor and subconsultant charges, with the external expenses multiplied bya at factor of1.15. 1. Lump Sum. Owner shall pay Engineer for Services ast follows: a. ALump Sum amount of $100,000.  30 days of receipt.  sO disputed, and must pay the undisputed portion.  Basis of Payment  b. Ina addition to the Lump Sum amount, reimbursement of the following expenses: The portion ofthe compensation amount billedi monthly for Engineer'ss Serviceswill bel based upon Engineer's estimate oft the percentage'd 'of thet total Services actually a. AMamesguasesiesamsayense mpboye-times.simin-hrahward mhurmeefepeashun-s-wapAneeSeas. b, EngineefstandardHowA/AatesaraltsahedasAppendal. ealsampensbnersadaasat 3. DirechlaborCests-TimesaFastorowmerahatpeyinsherforsemesasiolews: EICDCP E-520, Short Form ofA Agreement Between Owner and Engineert for Professional: Services. Copyright OZ020 National Soclety of Professional! Engineers, American Councilo ofE Engineering Companles,  None.  completed during the billing period.  2. HowyRates-wmershatpayineherdrseniesasolowes:  to-beSN/A:  andA Amerlcan! Society of Civill Engineers. Allr rightsreserved.  Page2    RiverE BendT Town Council January 11,2024 Work Session! Minutes Page1 11of20  a. ----------- V7-- usehumdnanasawMg.aanw b, Diseler-cost-maN-alw-"wEdNrNN -------  da.-- oleSestimatedamaunt,  . Additional Services; For Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged inj providing the Additional Services by Engineer's employees, times standard! hourly ratesf for each applicable billing class; plusrelmbursement: ofexpenses incurred in connection with providing the Additional Services, Engineer's standard hourly  rates are. attached as Appendix: 1. A. Termination for Cause  5.01 Termination  1. Either partyr mayt terminatei the Agreement for cause upon 30 days' written noticei int the event ofs substantial failure by the other party to perform in accordance with thet terms a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph! 5.01.A.1 if the party receiving such notice begins, within 7 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 fallure 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 will extend up to, but in no case more 2. Ina addition to its termination rights inl Paragraph! 5.01.A.1, Engineer may terminate this Agreement for cause upon 7 days' written notice (a)lf Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional, (b)i Engéhefisenmaustortiel Project are delayed ors suspendedt formore thans 90daysforreasons! beyond! Engineer'scontrol, (c)lfpayment due! Engineer remains unpaid for 90 days, as seti forth in Paragraph4 4.01.C, or (d) ast the result oft the presence att the Site of undisclosed Constituents of Concern as seti forth in! Paragraph 6.01.1. 3. Engineer will have no liability to Owner on account of any termination by! Engineer for B. Termination for Convenience: Owner may terminate this Agreement for convenience, Payments Upon Termination: In the event of any termination under Paragraph 5.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished In accordance with this Agreement, and to relmbursement of. expenses incurred through the effective date of termination. Upon making such payment, EICDCOE E-520, Short Form of Agreement! Between Owner and Engineert for Professlonal! Services, Copyright @2020 National Societyo ofF Professionall Englneers, American Council ofE Engineering Companies,  ofthe Agreement, through no fault oft thet terminating party.  than, 60 days after the date ofreceipt oft the notice,  cause.  effective upon Engineer'sreceipt ofr noticet from Owner.  andA Americans Society of CIVIE Engineers.A Allrightsr reserved.  Page3    River BendT Town Councl! January" 11, 2024 Work Session! Minutes Page1 12of20  Ownerwilll havet thel limitedi rightt toi the use ofa all deliverable documents, whether completed or under preparation, subject to the provisions of Paragraph 6,01.F, at Owner'ss sole risk. 1. IfOwner has terminated the Agreement for cause and disputes Engineer's entitlement to compensation for services and reimbursement of expenses, then Engineer's entitlement toy payment and Owner'srightst to the use ofthe deliverable documents will be resolved in accordance with the dispute resolution provisions of this Agreement or 2. IfOwner hast terminated the Agreement for convenience, ori if Engineer has terminated the' Agreement for cause, then Engineer will be entitled, in addition to the payments identifled above, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date oftermination, such as reassignment of personnel, costs oft terminating contracts with Enghefsuboontractose ors subconsultants, and otherr related close-out costs, using methods and rates for Additional Services as setf forth in Paragraph 4.01.F. A. 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 oft the subject profession practicing under similar circumstances at the: samet time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to thei foregoing standard of care, Engineer may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, speclalty contractors, manufacturers, suppliers, and the publishers of technical B. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor will Engineer have authority over or be responsible fort the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, ort the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure ofa Constructor to comply with laws and regulations applicable tot that Constructor's furnishing and performing ofi its work. Engineer shall not be C. Engineer neither guarantees the performance of any Constructor: nor assumes responsibility D. Engineer's opinions of probable construction cost (if any) are to be made on the basis of Engineer's experience, qualifications, and general familiarity 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. If Owner requires greater assurance'as to probable construction cost, then Owner agrees to obtain ani independent coste estimate,  as otherwise agreed in writing.  6.01 General Considerations  standards.  responsible fort the acts or omissions ofany Constructor. fora any Constructor's failure tot furnish and perform its work.  EJCDC° E-520, Short Form ofA Agreement Between Owner andl Engineerf for Professional Services, Copyright 020201 Natlonal SocietyofProfessional. Engineers, American CouncilofE Engineering Companies,  and American Socletyo of CivilE Engineers, Allrightsreserved.  Page4    RiverE BendT Town Council January" 11,2024 Work SessionN Minutes Page1 13of20  E. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents, other thant those made by Engineer. F. All documents prepared ort furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the rightofreuse)! in such documents, whetherorn nott thel Project Is completed. Engineer grantst to Owneral limited license to use the deliverable documents on1 the Project, extensions of the Project, and for related uses oft the Owner, subject to receipt by Engineer oft full payment due and owing for all Services and Additional Servicesrelatingt to! preparation ofthed deliverable documents, and 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 ofthe Project, ona any other project, ori for any otheruse 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, willl be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and 3. Owners shalli indemnifyandl hold harmless Engineer andi its officers, directors, members, partners, agents, employees, and subconsultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification oft the documents without written verification, completion, or adaptation 4. such limited license to Owner shall not create any rights ini third parties. G. Owner and Engineer agree to transmit, and accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, ort through access to a secure Project website, in accordance with a H. Waiver of Damages; Limitation ofLiability:Tot thet fullest extent permitted byl law, Ownerand Engineer (1) waive: againsteach other, andi the other's officérs, directors, members,parners, agents)employees, subconsultants, and insurers, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resultingi from,orinany way related to this Agreement ori the Project, from any cause or causes, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $100,000 or the total amount ofc compensation received by! Engineer, whichever is greater. The parties acknowledge that Engineer's Services do not include any services related to unknown or undisclosed Constituents ofConcern. If Engineer ora any other partye encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Engineermay, at its option and without liability for consequential or any other damages, suspend performance ofServices ont the portion oft the Project affected thereby until such portion of the Project Is no longer affected, or terminate this Agreement for cause Ifiti is not practical EICDC9 E-520, Short Form of Agreement Between Ownera andl Engineerf for Professional Services, Copyright @2020 National Soclety ofProfessionall Engineers, American Council of Engineering Companies,  subject tot thet following limitations:  subconsultants;  by Engineer; and  mutually agreeable protocol.  to continue providing Services.  and/ American! Societyo ofCivill Engineers. Allr rightsr reserved.  Page5    River Bend Town Council January 11, 2024 Work SessionN Minutes Page 14of20  Owner: and Engineer agree to negotiate each dispute between them ing good faith during the 300 days after notice of dispute. Ifnegotiations: are unsuccessfulinr resolving the dispute, then the dispute willl be mediated. Ifmediationi ist unsuccessful, thent the! parties maye exerciset their K. This Agreement is to be governed byt the laws oft the statei in whichi the Project is located, Engineer's Services do not include: (1)serving as a' "municipal advisor" for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products ori issuances; (3) providing surety bonding or insurance- related advice, recommendatlons, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation. A. Constructor--Any person or entity (not Including the Engineer, its employees, agents, representatives, subcontractors, and subconsultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner's work forces, utility companies, construction managers, testing firms, shippers, andi truckers, andt the employees, agents, and representatives of any B. Constituent of Concemn-Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBS), lead based paint (as defined! by the HUD/EPAstandard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant tol lawsa and regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or  rights at law.  7.01 Definitions  orallo oft them.  dangerous waste, substance, or material.  8.01 Successors, Assigns, and Beneficiaries A. Successors ànd Assigns  1. 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 8,01.A.2 the assigns of Owner and Engineer) are hereby bound toi the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, 2. Neither Owner nor Engineer may: assign, sublet, ort transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that anya assignment, subletting, ort transfer is mandated! byl law. Unless specifically statedt to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility underi this Agreement. B. Beneficiarles: Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any EICDCPE-520, ShortF Form ofA Agreement Between Owner andl Engineerf for Professional: Services. Copyright 02020 National Socletyo of Professional Englneers, American Council of Engineering Companies,  agreements, and obligations ofthis Agreement.  andA Americans Soclety of Civil Engineers. Allr rightsreserved.  Page6    River Bend1 Town Council January1 11,2024 Work Session Minutes Page1 15of20  Constructor, other third-party individual or entity, ori to any surety for or employee of any of them. All duties and responsibillties undertaken pursuant to this Agreement will bei for the sole and exclusive benefit of Owner and Engineer and noti fort the benefit of any other party. agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or  9.01. Total Agreement  incorporated attachments), constitutes the entire  A, This Agreement (including any expressly  canceled by: a duly executed written instrument. Attachment 1 -1 Engineer's Scope ofWork Attachment2- -Services to Bel Provided By Owner  Attachments: Appendix: 1-Standard! Hourly! Rates  .  :.  EJCDC E-520, Short Form of AgreementE Between Owner andl Engineert for Professional Services. Copyright 02020 Nationals Society ofF Professional Engineers, American Councllc of Engineering Companies,  andA Americans Society ofCivil Engineers. All rightsr reserved.  Page7    River! Bend7 Town Council January 11, 2024 Work Session! Minutes Page 16of20  This Agreement's Effective Date is August 17,2023.  Owner:  Engineer:  TownofRiver! Bend guthiorzeifindwidualss L/z4 (dates signed) John R. Kirkland (typedo orp printed) Mayor (typedo orp printed)  Rivers & Associates, Inc. (name ofprganizatio aL 0-1-28 (dates signed) GregoryJ.C Churchill, P.E. (typedo or printed) President (typedo or printed)  By: -de Date: Name: Title:  Date: Name: Title:  CEVAL  Address for givingr notices: 45 Shoreline Drive River Bend, NC28562 Designated Representative: Name: Title: Address: 45 Shoreline Drive River Bend, NC28562 Phone: (252)638-3870x213 Email: mamagererverpenancors  Address fors giving notices: 107 East Second Street P.O.B Box 929 Greenville, NC27858 (Street) or2 27835 (P.O. Designated Representative: Name: Title: Address: 107 East Second Street P.O. Box 929 Greenville, NC27858 (Street) or 27835(P.O. Phone: 252-752-4135 Email: gchurchll@riversandassociates.com  Delane. Jackson (typed orp printed) Town Manager (typed orp printed)  GregoryJ. Churchill, P.E. (typed or printed) Sr. Project Manager (typed or printed)  This instrument has been preaudited as required by the Local Government Budget and Fiscal Control Act. manda P6 Gubut FINANCE OFFICER Vajana  EJCDC°E-520, Short! Form ofA Agreement Between Owner: and Engineert for Professional: Services, Copyright 02020 National Society ofProfessionall Engineers, American Councilo of Engineering Companies,  andA American! Societyof Civill Engineers. Allr rightsr reserved.  Page8 8    River BendT Town Council January 11,2 2024 Work Session Minutes Page 17of20  Appendixi  Engineer's Standard Hourly Rates A. Standard. Hourly Rates:  1. Standard Hourly Rates arei set forthint this Appendix 1 andj 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 2. The Standard) Hourly Rates apply only as speifiadinPamgaph40l, and are: subject  operating margin or profit.  tos annual: review and adjustment as ofJ June 30th.  B. Schedule ofHourly. Rates:  Hourly rates for services performed on or after thel Effective! Date are:  EMPLOYEE CLASSIFICATION Principal Project Manager Project) Engineer Design Engineer Landscape. Architect Planner Designer CAD' Technician Project Surveyor Party Chief Surveyor Technician 1-Man] Robotic Resident Project) Representative Administrative. Assistant Intern' Tech Sub-Consultants and) Fees Travel Miscellaneous. Expense  HOURLY) RATES: $185,00 $140.001 to $180.00 $110.00t to $165.00 $85.001 to $105.00 $95.001 to $135.00 $75.001 to $95.00 $80.001 to $125.00 $65.001 to! $75.00 $90.00t to $135.00 $55.001 to $110.00 $45.00 to $65.00 $100.00 to $135.00 $60.001 to $105.00 $60.001 to $70.00 $35,00 1.15x0 Cost Current) IRS) Rate Cost  EJCDCO E-520, Short! Form ofA Agreement Between Owner andE Engineert for Professional: Services, Copyright 02020 National Socletyo of Professional Engineers, American Councll of Engineering Companles,  andA American: SocietyofCivilE Engineers. Allr rightsreserved.  Appendix1,Page1    River Bend7 Town Council January 11, 2024 Work Session Minutes Page 180f20 August 17,2023  TOWN OFRIVER BEND WATERSUPPLY STUDY ENGINEER'S: SCOPE OF WORK ATTACHMENTI  Summary  The Owner desirest tol have conducted a Water Supply Study to evaluate potential water supply and treatment alternatives in ordert toj provide as secure and cost-effective: future water supply fort the Town ofRiver) Bend,  ENGINEER's Scope of Work shalli include the: following basic services: 1. Compile andi review existing water system data and documents provided by Owner,  Water Supply Study  2. Conduct site visit with hydrogeologioal subconsultant, 3. Project 20-year future water supply demands. 4. Examine and evaluate future potential: for existing wells. NCDWR Groundwater Management) Branch GIS data). 7. Identify favorablel locations: for new wells. 8. Identify favorable locations for potential NPDES discharge, filter-softener and membrane treatment.  5. Review available data on nearby well: systems (City ofNew. Bern, Jones County, USGS publications, and 6. Evaluatei future potential (yield potential andy Water quality) for aquifers beneath. River) Bend.  9. Provide) preliminary evaluation ofwaste dischargei requirements for water treatment alternatives, including 11. Prepare preliminary process calculations, narrative and concept schematics for water treatment alternatives. 12. Prepare preliminary calculations, narrative description and concept schematics for wastet treatment/discharge 13. Compile andi review datai for potential bulk water suppliers (City ofNew) Bern, Craven County, Jones County). 14. Evaluate transmission: requirements to deliver bulk finish water to) River] Bend. 15. Prepare natrative description and concept schematics fort bulk transmission alternatives, 16, Research andj prepare narrative description for environmental considerations for the various alternatives. 17. Research and prepare narrative description for permitting requirements for the various altematives. 18. Prepare preliminary coste estimates for viable (1) well field: andi rawi main alternatives, (2) water treatment alternatives, (3) waste discharge alternatives, and (4) bullc water supply andt transmission alternatives.  10, Identify: favorable location(s): for aI new Water Treatment. Plant (WTP).  requirements.  19, Prepare netj present value ofo costs (NPVC) evaluation; for viable alternatives. 20, Develop: recommendations andi narrative. 21, Prepare estimate ofpotential rate: impact for recommended alternative(s). 22. Research and develop narrativerelative toj potential: funding opportunities. 23. Compile draft Water Supply Study report. 24. Review draft Water Supply Study report with owner. 25. Revise, finalize and deliver report to owner. 26. Prepare and deliver presentation" to' Town Council,  l8300-0006shareslMareslMarikatgICLIENIS ORI LBADSIRiver Bend2022 Fall Appl_ Water Treatment Improvements - Design  OnlyEngineering. AgreementAtanchment 1.doc  Pagelof2    RiverE Bend" Town Council January 11, 2024 Work SessionN Minutes Page 19of20  27, Final deliverables include one (1) digitalp pdfa andt two (2) bound copies oft the: final report. Tasks/services that arer not included in) ENGINEEREserviesi include, but arel not] limited to: 3. Drawings more detailed than ac conceptual/schematic level for existing and/or potential water  1. Any type off fields surveying/mapping. 2. Subsurface Utility) Exploration (SUE): surveys/mapping.  ystemimproyements. 4. Geotechnical or materialst testing. . Water quality sampling/testing,  6. Attendance atmeetings othert than describedi for basic services. 7. Any other servicei not specifically identified ast basics services.  oMAmoAaNaAINs ORI LEADSRiver Bend2022 Fall Appl_Water Treatment. Improvements - Design  Only/Engineering AgremenhAtachment 1.doc  Page20 of2    River Bend Town Council January" 11, 2024 Work SessionN Minutes Page 20of20 August 17,2023  TOWN OFRIVER) BEND WATER SUPPLX; STUDY ATTACHMENTZ  SERVICES TOBEI PROVIDED BYTHE OWNIGR  OWNER shall provide the following services:  General  1. Make available fort the! Engineer's use and reliance any and all information att the Owner's disposal concerning the existing water supply, treatment and distribution systems. Assist the Engineer in obtaining such  information as may ber required: for performance ofthel Project work,  a. System maps and drawings. b, Equipmenti manuals. Operational data. d. Financial data. Maintenance: records and contracts. Annual water quality reports. Projeoted growth demands. Water production and purchase records. Water billingi records. Water system departmental budgets/audit. Water purchase/sell contracts. m, Capital Improvement, Plan water system. subconsultant durings site visit.  Prior's studies, evaluation andi inspectionzeports) pertaining to thet water system.  2, Make available: for general consultation with the: Engineer: members oft the Owner's staffknowledgeable oft the 3, Make available Owner's staffl lanowledgeable ofthe water system to accompany the Engineeryarogealogoa 4. Providet timely: review andi feedback ofreports and documents provided by the) Engineer. 5. Anys services desired/requiredi not specifically provided by thel Bngineer's scope ofwork for basic services,  a300-0006sharesiMarkegICLIENIS ORI LEADSIRiver Bendi2022 Fall Appl_Water Treatment Improvements Design  Only/Engineering. AgrementlAitachment: 2.doc  Page 1 ofl