AGENDA TOWN OF STOKESDALE REGULAR TOWN COUNCIL MEETING 8325. ANGEL-PARDUE ROAD STOKESDALE, NC: 27357 SEPTEMBER 14, 2023 AT 7:00 PM AVAILABLE VENUES' - TO WATCH/ATTEND: a) Attend in Person at Stokesdale Town Hall in Council Chambers at 71 PM b) View Live Stream on Town of Stokesdale's YouTube Channel at 7 PM: https/ww.youtube.com/channel/UCIH7T0O 56F EDH6wliAllive View & Participate (Citizen Comments) Virtually via Zoom at 7PM: https/usU/web.200m.1/578SU60634Fpwd-clZNRWUPWUZUOUPVVNTYWRUWHBIZ209 Meeting ID: 852 8506 0634 Passcode: 637839 One-Tap Mobile: 1-646-876-9923 1. 2. 3. 4. Call to Order, Pledge of Allegiance, and Invocation. Review and Adopt the Agenda. Consideration ofa Proclamation in Recognition of "Constitution Week" (September 17, 2023, through September 23, 2023). Review and Adopt the following Minutes: a) November 10, 2022, Closed Session b) November 29, 2022, Closed Session c) December 08, 2022, Closed Session d)January 05, 2023, Special Called Meeting e)January 12, 2023, Regular Town Council Meeting fJuly 13, 2023, Closed Session Public Safety Reports: a) Stokesdale Fire Department b) Guilford County Sheriff's Office Administrative Reports: 5. 6. a) Administrative Report: Robbie Lee Wagoner II (Town Clerk) b) Planning Board: Robbie Lee Wagoner. II (Town Clerk) Property Committee: Jim Rigsbee (Councilman) d) Town Park Improvement Committee: Tee Stephenson (Committee Chairman) PAGE10F3 7. Financial Reports: Kimberly Thacker (Town Finance Officer/Town Budget Officer) a) Financial Report: Town of Stokesdale General Fund b) Financial Report: Town of Stokesdale Water Enterprise Fund Citizen's Comments from the Floor (3-Minute Limit per Speaker). 8. NEW BUSINESS: 9. Consideration of a Resolution Consenting to the Addition of Pond Court in the Meadow Ridge Subdivision to the Secondary Road Maintenance System of NC. 10. Consideration of: a Resolution Consenting to the Addition of Cornelius Court, John King Lane and South Point Drive (Extension of SR 4608) in the Boone Meadows Subdivision to the Secondary Road Maintenance System ofNC. 11. Consideration of an Engineering Quote for Potential Installation ofLighting at' Town 12. Consideration of First Amendment to the Ancillary Intergovermmental Water Services Agreement with the Winston-Salem/Forsyth County Utility Commission and Soccer/Multi-Use Fields. consider Source of Funding. 13. Consideration of Agreement with Hazen & Sawyer for Professional Services related 14. Consideration of] Potential Grant Funding Opportunities from State Legislator. 15. Citizen's Comments from the Floor (3-Minute Limit per Speaker). 16. Closed Session in accordance with S 143-318.11 (Closed Sessions). to Water Line Extension to Add System Redundancy. (a). Permitted Purposes. Iti is thej policy oft this State that closed sessions shall be held only when required to permit a public body to act in the public interest as permitted in this section. Aj public body mayl hold a closed session and exclude the public only when a closed session is required. (3)To consult with an attorney employed or retained by the public body in order toj preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. General policy matters may not be discussed in a closed session, and nothing herein shall be construed toj permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the public body is a participant. The public body may consider and givei instructions to an: attorney concerning thel handling or settlement ofa claim, judicial action, mediation, arbitration, or administrative procedure. Ift the public body has approved or considered a settlement, other than a malpractice settlement by or on behalf ofa hospital, in closed session, the terms oft that settlement shall be reported to the public body and entered into its minutes as soon as possible within a reasonable time after the settlement is concluded. 17. Council Comments. PAGE20F3 ANNOUNCEMENIS: 18. Council Announcements: a) The Town of Stokesdale Town Planning Board meeting scheduled for Thursday, September 28, 2023, at 7:00 PM inside the' Town Hall Council Chambers, located at 8325 Angel-Pardue Road, Stokesdale, NC27357 has been cancelled. C) The Town of Stokesdale Town Council will hold a regular meeting on Thursday, October 12, 2023, at 7:00 PM inside the' Town Hall Council Chambers, located at 8325 Angel-Pardue Road, Stokesdale, NC 27357. ADJOURNMENT: 19. Adjournment of Meeting. PAGE30F3 AGENDA ITEM: 3 OFFICE OF THE MAYOR TOWN OFSTOKESDALE APROCLADLAZION AARECOgTIONOFCimtiution Weel" Wlieras. September17 2023marle the two Aumdreda and Mhnyathamterag ofiednfinggfe Constitution, oft tfe ntaSuasgAmerla, by thec CmethurimaCmrentin, and Wereas it is fitting andprper tog officially recoguize tfis maguificent document andi the aiveraryofils Werens itz is fttinyg amppertogeing recoguize the patriotic hwafafa Wliereas public laugt5guntesk the issuinyg ofay proclamation. enchy yeark by the President of the Einited Jouy therefort, 31 JEf Cmwyorlbye vintuegfeauonty vested in me as Mayorg roftfe Tongf Stofsdalé int ffeStates gfortf Carolna dor rpmehpuomérrairthmyiziamgwk creation; and the occasion; and SatesgfAmeriaaa 4ysyarlhy 23asCostitution Weeb ITLOAREX Antasfourciticens toi renfirm the ideals the Fmmersofthe Constitution, had in 1787by vigilanth protecting tfe utomsgumned. to 15 timgéthegunfon. gfour fibertiès remembering that last rights TRASTPERZOR Thave hereunto. set my fandand caused the Greats Sulofsinl, orthCarna toL bey affined on thisa document on thisf uramilyoSgpomkra. the yeargfourLonfm may) neverb bet regainel Houcmfmenty-tin MhigCmyork. Mayor ATTESZ: RobbieLee Wagoner 24, Ton Cérf AGENDA ITEM: 4d MINUTES TOWN OF STOKESDALE SPECIAL CALLED TOWN COUNCIL MEETING 8325 ANGEL-PARDUE ROAD STOKESDALE, NC: 27357 JANUARY 05, 2023 AT 7:00 PM Regular Town Council Meeting Attendance: Derek Foy, Mayor Pro Tem; Councilmen Jim Rigsbee, Jimmy Landreth, and Tim Jones. (Mayor Michael Crawford attended via Zoom, however, remote participation is no-longer allowed per the NC GS) Town StaffMembers Present: Robbie Lee Wagoner II, Deputy Town Clerk 1. Call to Order, Pledge of Allegiance, and Invocation Mayor Pro Tem Derek Foy called the meeting to order at 7:00pm and led the Pledge of Allegiance. The Invocation was delivered by Councilman Tim Jones. 2. Review and Adopt the. Agenda Mayor Pro Tem Foy deleted the Closed Session from the meeting agenda. Mayor Pro Tem Foy made a Motion to adopt the amended agenda. Councilman Jones seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee The motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 3. Citizen's Comments from the Floor (3-Minute Limit per Speaker). Eileen Thiery, 8101 Meadow Springs Place, Stokesdale, NC expressed her excitement for the presentation as she read about the plans in Northwest Observer and thanked everyone for their work on this project. 4. Town Park improvement Committee Presentation and Discussion ofimprovements to Town Park. Mr. Tee Stephenson, Chairman ofTown Park Improvement Committee presented a detailed power point presentation on the plans for the Town Park as was discussed in the Town Park Improvement Committee meetings. He: noted the resources that will be used for funding these improvements. He pointed out the Committee plans to use durable materials that will last over time and less to: maintain. He then highlighted the results from the public survey conducted in 2020 for funding options as well as projects the public would like to see constructed ini the park. PAGE10F4 Mr. Stephenson then noted detailed plans for nature trails, expanding the playground, basketball and pickleball courts, and an amphitheater. 5. Citizen's Comments from the Floor (3-Minute Limit per Speaker). Vicki White-Lawrence, 8400 West Falls Lane. Stokesdale, NC - asked about the location of the amphitheater and the impact on the disc-golf course. It was noted that the amphitheater will be located behind the course. She then asked about the finances ofthe project. Mayor Pro Tem Foy explained the funding by grant money being allocated to these park improvements. Mary Ellen Smith, 8302 Barney Road, Stokesdale,NC- asked about the landscaping and installation oft the amphitheater. Mayor Pro Tem Foy noted that landscaping was included in the estimates presented earlier, $40,000 and noted plans to pursue volunteers to help with those cost. He noted that the installation of the amphitheater was also included in the proposal by the Mrs. Smith then spoke on behalf ofthel Friends of Stokesdale and expressed their support for the project in whatever means they can and hope to be able to use these facilities toj plan events for Elizabeth Privette, 7154 Ellison Road, Stokesdale, NC questioned the location oft the amphitheater to the playground and the challenge of being able to enjoy the event while watching your children on1 the playground. Mayor Pro Tem Foy explained that the Town cannot interfere with the disc-golfcourse which was paid for by grant money. The committee will Mark Nadel, 8211 Windy Gayle Road, Stokesdale, NC - spoke highly of the amphitheater and that it be done high-class even if we need to cut back on the other improvements. Suggested seeking corporate sponsors ifneeded and to attract events from outside the community. Eileen Thiery, 8101 Meadow Springs Place. Stokesdale, NC - reminded everyone that this is Stokesdale and not Eisenhour Park and felt what's proposed is more suitable for the town. Ifthe people want more then hold fundraising efforts etc tol have more. She didn'ti feel this should be something to attract people from all over the country. Preserve thel history of the town and serve Joe' Thacker, Stokesdale, NC - questioned the number of parking spaces at the park. Council acknowledges the parking is a challenge that will be discussed further. general contractor. the community as well. continue to look at all options. the town's purpose, Kathy Bunthoff, 8202 McCrory Road, Stokesdale, NC- referenced Mr. Thacker's comments ini regard to parking and encouraged Council to come up with a plan to provide additional parking. She also encouraged consideration ofl lighting needs for the park. Adam Delveaux, 8220 Angel's Glen Court, Stokesdale, NC-t thanked everyone for their efforts and for the opportunity to review and speak on these plans. Encourage Council to include PAGE20F4 funds in future budgets for the maintenance of the park. He recommended connectivity and the need for adequate security for the park. He asked for statistics on the use oft the amphitheater from surrounding towns and then asked about the storage of equipment when not in use. Mayor Pro Tem Foy stated that the plan does not include sidewalks and noted that the nature trails will connect with the school. Council members noted the need for storage of equipment etc. Mayor Pro Tem Foy noted the security cameras in the park and maintenance performed on the Someone from the audience asked about programming. Mr. Stephenson stated that the Town would be monitoring that but could: not predict the uses that may be requested by civic groups park in the last few years, etc. Felt that if we build it they will come. Eileen Thiery encouraged use by the schools. Mr. Thacker noted the development going on in Rockingham County that will be using this park. Speaker from the audience -1 thanked Council for their effort and opening it up for comments, she appreciated the Council supporting ai nice park as that's not been the case with previous Council's. 6. Council Comments. Councilman Landreth thanked everyone for being here; will take recommendations and tweak plans. He was encouraged by comments in favor oft the Amphitheater, Basketball Court, and Playground Equipment. He spoke on the issue of] long-term maintenance. He: reminded everyone that Council either spends these funds or we must give them back to the federal government. He added that the park is a great way to reach out to all citizens. He encouraged the public to continue attending our meetings and sharing their comments. Councilman Rigsbee stated that the' Town has this money and needs to spend it; none ofthe money iso coming from tax dollars. These park improvements are basically for free, and Council needs to Councilman Jones stated that he will send an email to the committee members with his questions. He then asked the committee and Council to consider an indoor or 3-season facility that incorporates basketball court and an amphitheater'stage. He stated that he will not go into the town's reserves to pay for these improvements to the town park and asked that contingencies be Mayor Pro Tem Foy added that contingencies have been quoted and provided by the general make the best decisions possible. Hei then thanked everyone for coming out. built into these project budgets. contractor for the amphitheater. Citizen's comments. PAGE30F4 None presented. 7. Closed Session: $ 143-318.11. Closed sessions. (a) Permitted Purposes. - It is the policy of this State that closed sessions shall be held only when required to permita public body to: acti ini the public interest as permitted in this section. Aj publicl body may hold a closed session and exclude the public only when a closed session is required. (6) To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. General personnel policy issues may not be considered in a closed session. A public body may not consider the qualifications, competence, performance, character, fitness, appointment, or removal ofar member of the public body or another body and may not consider or fill a vacancy among its own membership except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge, or removal shall be taken in an open meeting. This agenda item was removed from the agenda at the beginning oft the meeting. Mayor Pro Tem Foy thanked citizens for their time and interest in seeing a return on their investment. He added that hei is grateful for everyone who took time out to attend the meeting. He spoke on the DeMar Hamlin (football player) situation and his hopefui recovery. 8. motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. adjourned at 8:29pm. Approved: Adjournment. Councilman Landreth made a Motion to adjourn at 8:29 pm. Councilman Rigsbee seconded the Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye Being no further business to come before the Town of Stokesdale Town Council, the meeting was Michael E. Crawford, Mayor ATTEST: Robbie Lee Wagoner II, Town Clerk PAGE40F4 AGENDA ITEM: 4e MINUTES TOWN OF STOKESDALE REGULAR TOWN COUNCILMEETING 8325 ANGBLPARDUE ROAD STOKESDALE, NC 27357 JANUARY 12, 2023 AT 7:00 PM Member's present were: Mayor Pro-Tem Derek Foy; Council Members: Jimmy Landreth, Tim Jones. Councilman Jim Rigsbee arrived at approximately 7:04 PM; Town Attorney Charles Winfree; Finance and Budget Officer Kim Thacker, Town Clerk Dale Martin and Deputy Town Clerk Robbie Wagoner. Absent: Mayor Mike Crawford. 1. Call to Order, Pledge of Allegiance, and Invocation. Councilman Tim Jones delivered the invocation. Review and Adopt the Agenda. Mayor Pro Tem Derek Foy called the meeting to order and led the Pledge of Allegiance. 2. Mayor Pro Tem Foy added Item #9A, James Reed's Boy Scout/Eagle Scout project and Item #9 B, Aaron Babson ofHazen and Sawyer to present the modeling results for water line extensions. Mayor Pro Tem Foy also requested to move Council Comments after Citizens Comments and Councilman Landreth made a Motion to adopt the agenda as amended. Mayor Pro Tem Foy before the Closed Session. seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 3-0. Absent Absent at time vote was taken Mayor Pro Tem Foy Councilman Jones Aye Aye 3. Review and Adopt the Minutes: November 9, 2021 Regular Town Council Meeting; October 13, 2022 (Closed Session-continued from December). Councilman Jones made a Motion to approve the minutes ofNovember 9, 2021 as presented. Councilman Landreth seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 3-0. Absent Absent at time vote was taken Mayor Pro Tem Foy Councilman Jones Aye Aye 1 Councilman Jones made a Motion to continue the October 13, 2022 Closed Session minutes to later in the meeting. Mayor Pro Tem Foy seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 3-0. Absent Absent at time vote was taken Mayor Pro Tem Foy Councilman Jones Aye Aye 4. Public Safety Reports: a) Stokesdale Fire Department Fire ChiefTodd Gauldin presented the monthly report. Councilman Jim Rigsbee arrived at 7:04 PM. b) Guilford County Sheriff's Office Master Corporal Swaringen and Captain Howell presented this month's safety report. 5. Administrative Reports: a) Administrative Report: Town Clerk Dale Martin presented the Administrative Report. b) Planning Board: Councilman Landreth made a Motion to appoint Mr. James Greene to a 2-year term on the Planning Board. Councilman Jones seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye c) Events Committee: None presented. d) Property Committee: Councilman Jim Rigsbee and Deputy Clerk Robbie Wagoner updated Council on1 the payments received for the vandalism that occurred at the Town Park. e) Town Park Improvement Committee: 2 Mr. Tee Stephenson highlighted the Special Called meeting on January 5, 2023 stating that approximately 16 people attended the public forum. He noted that it was a great meeting and the items discussed will be incorporated into our plans as much as possible. He noted that more information will be presented later in the meeting. 6. Financial Reports: a) Finance/Budget Officer: Kimberly Thacker Mrs. Kim Thacker presented the financial reports for both the General Fund and Water Fund accounts. 7. Citizen's Comments from the Floor (3-Minute Limit per Speaker). None presented. OLDB BUSINESS: 8. Resolution for Guilford County to Provide Sheriff Deputy Traffic Control for First Week of School at Stokesdale Llementary. Mayor Pro Tem Foy introduced this item and asked Staff to read the proposed resolution. Councilman Jones made a Motion to adopt the following Resolution R-2023-01, Requesting Funding for Traffic Control at Stokesdale Elementary School, and authorize the Mayor to sign the document and that within 21 days locate the budget amount to bei inserted, it be signed and Mayor Pro Tem Foy offered an amendment to the resolution and pointed out that the figure shared for the general fund budget is inflated due to. ARPA funds, which are: restricted and will be placed in a separate fund, but which is reflected as revenue per the. Auditor. The figure to be inserted should be $560,690.11. Councilman Jones accepted the amendment., distributed. RESOLUTION NO. R-2023-01 RESOLUTION ADOPTED BYTOWN COUNCIL REQUESTING FUNDING FOR TRAFFIC CONTROL ATSTOKESDALE ELEMENTARY SCHOOL WHEREAS, the Town of Stokesdale is located in the northwest corner of Guilford County and has a 2021 US Census population of5,995 citizens within the corporate limits. The Town operates under a Mayor-Council form of government and offers limited services which includes providing water, a' Town Park and limited Planning and Zoning services funded with a $560,690.11 total budget and which levies no ad valorem property taxes. Stokesdale stopped receiving aj portion oft the sales taxes collected by Guilford County in 2003 after the Guilford 3 County Commissioners changed their method of calculating distributions to municipalities to an WHEREAS, Stokesdale Elementary School is located within the Town of Stokesdale, Guilford County, North Carolina and plays a vital role in shaping the lives of our children by providing a WHEREAS, the Guilford County School system is one ofthe largest school systems in North Carolina, and operates with al budget of $999,705,745 dollars that is allocated to all schools within the district. Guilford County Schools serves 67,949 students and has a total of6 68 elementary schools within the County. In 2018-2019 school year, an average of $11,778 was WHEREAS, safety within all schools is ai rising concern with unprecedented violence and many schools are overcrowded. In addition, the motoring public traveling to and from school each day causes safety concerns within the school campus as well as the roads leading to and from the WHEREAS, the Guilford County Sheriff's Department is charged with maintaining as safe environment for all citizens of Guilford County, including our school, Stokesdale Elementary School. The Guilford County Sheriff's Department operates with a $80,624,096 budget. WHEREAS, the Town Council is very sympathetic to the dangerous situation caused by the volume oft traffic traveling through the intersection ofUS Highway 158 and NC Highway 68, the location of the school. A traffic count from 2021 estimates 7,600 vehicles travels through this area per day. The Town further shared their concerns with staff from NCDOT on February 10, 2022, when officials were invited to a Council meeting to discuss safety concerns of roads within WHEREAS, the Town expresses their concern with the lack of funding by both the Guilford County School System and the Guilford County Sheriff's Department toj provide such traffic control. The safety of students at Stokesdale Elementary should not be ignored and be taken seriously enough toj provide traffic control at our school and at every school where traffic is a WHEREAS, the Town of Stokesdale has al history of lending a helping hand by providing computer equipment and other necessary supplies to enhance the ability oft the school to meet the needs of each student and has recently been approached by Stokesdale Elementary School Administration and Stafft to: fund a method for traffic control during the first week ofs school to help alleviate the confusion and hazardous condition that is caused by the large volume oft traffic at the school. To fund traffic control at Stokesdale Elementary would result in double taxation for our citizens as this service would come from the Town's budget in addition to money already allocated to Stokesdale Elementary School by both Guilford County School System and Guilford NOW, THEREFORE, THE TOWN COUNCIL OF' THE TOWN OF STOKESDALE wholeheartedly supports the School. Administration's request that traffic control be provided and respectfully requests that the Guilford County School System and the Guilford County Sheriff's ad valorem method thereby eliminating Stokesdale's portion; and, quality education; and spent per student; and school; and, the Town of Stokesdale; and hazard; and County Sheriff's Department. 4 Department allocate funds to cover the cost of providing traffic control services at Stokesdale Elementary School the first week of school each year going forward. Providing this essential service will greatly enhance the safety and wellbeing ofa all the students and staffof Stokesdale Elementary School as well as the all citizens traveling on1 these roads during school hours. Adopted the 12th day ofJanuary, 2023. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 9. Consideration of a Certification of Municipal Declaration to Enact Speed Limits and Request for Concurrence for: a speed limit reduction from 35 mph to 25 mph on Adano Road and Athens Road. (Continued from November) Deputy Clerk Robbie Wagoner presented the history oft this request which began in December and the addition ofboth Adano Road and Athens Road. NCDOT requests clarification on which portion of Athens Road is being requested for 25 mph, the portion from the school to Angel Pardue Rd. and/or the portion from Angel Pardue out tol Hwy. 158. NCDOT felt that the portion out towards Hwy. 158 would be al bit ofa a stretch but could support the portion from the school to Council discussed the school zone distance and the safety conçerns with the traffic congestion Councilman Jones made a Motion to request that NCDOT change the speed limit to 25 mph on Athens Road from Stokesdale Elementary School to Angel Pardue Road. Councilman Landreth Angel Pardue. during peak school hours. seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye Mayor Pro Tem Foy made a Motion to approve the following certification and ordinance concurring with NCDOT to reduce the speed limit on Adano Road to 25 mph. Councilman Landreth seconded the motion. 5 ORDINANCE NO. 0-2023-01 ON ADANO ROAD AN ORDINANCE TO REGULATE THE SPEEDI LIMIT WITHIN THE' TOWN OF STOKESDALE WHEREAS, the municipality oft the Town of Stokesdale became a body corporate and politic effective November 9, 1989 as provided by Chapter 488 Senate Bill 663 and as amended by Chapter 956 Senate Bill 1384 Session Laws of 1989 of the General Assembly of WHEREAS, by General Statute (G.S. 20-141 (b) (1)) the statutory speed. limit within the incorporated areas ofamunicipality is 35 miles per hour until and/or unless changed and/or modified by duly enacted ordinances of said municipality and after adoption by the State ofNorth Carolina Department ofTransportation of concurring ordinances and upon the erection ofs signs giving notice oft the established and authorized speed limits. NOW,THEREFORE, BEIT ORDAINED by the Town Council oft the Town of Stokesdale as Section1. The posted speed limit on Adano Road (SR 2199) in Angels Glen Subdivision in Section 2. This ordinance is adopted on1 the basis of engineering and traffic investigations North Carolina; and follows: Stokesdale is therewith set and established as 25 miles perl hour. that iti is unsafe and therefore its shall be unlawful to exceed the speed limits established in this ordinance on the designated roads and/or highway as set forth in Section 1 preceding. Section 3. This ordinance is adopted pursuant to the authority granted by G.S. 20-141 (f). Section 4. This ordinance becomes effective upon the adoption by the State ofNorth Carolina Department ofTransportation of Concurring State Ordinance Number 1083153 and the erection of signs giving proper notice oft the: said established and authorized speed limit. Section 5. The enforcement oft this ordinance shall bei in accordance with the provisions of Section 6. This ordinance shall remain in effect until modified, amended and/or rescinded in G.S. 20-169, G.S. 20-176, and G.S. 20-183. due lawful course by the Town Council ofthe Town of Stokesdale, The 12th day of. January, 2023. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 6 9A.James Reed, Eagle Scout Project. Mayor Pro Tem Foy introduced Mr. James Reed from Boy Scout Troop 600, in Oak Ridge and asked him to describe an Eagle Scout project that he would like toj pursue at the Town Hall/Park. Hej presented a power point presentation outlining his project to construct a site to properly retire Council discussed the location in the grassy area to the left ofTown Hall adjacent to the sidewalk, the fire piti is to be covered and locked when not in use. Council discussed the supervision during construction since the project would require the use of power equipment. It was noted that the Town Hall's irrigation system will need to be flagged so that it does not get flags. damaged. Mr. Reed stated that the project must receive the approval oft the Scout Master. Mayor Pro Tem Foy made a Motion that Councilman Rigsbee and himself, contact Excellence Lawn Care to review plans for irrigation system and that they be Liaisons for the Council to oversee the project, pending approval oft the project by the Scout Master. Councilman Jim Safety conçerns were again noted ini regard to the use of power tools. The fire pit will be covered and locked. Mr. Reed will have al key during the construction phase, and it was agreed that the keys would be turned over to' Town staffand the Stokesdale Fire Department when the project is Rigsbee seconded the motion. completed. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 9B. Aaron Babson, Hazen and Sawyer, Modeling Results for Water Line Extensions. Mr. Aaron Babson, Engineer with Hazen and Sawyer, presented aj power point presentation describing two (2) alternative plans: Coldwater Creek over to Hwy. 65 and the other down Happy Hill, Warner to Haw River) Road. He stated that both have been evaluated, and the evaluation was done as ift the improvements toi install the control valve at the point of entry from Winston Salem were completed. Hei then explained the extension details for both routes and pointed out the differences between the alternatives. Mr. Babson offered his recommendation to install 12-inch pipes and that the best place to spend the Town's: money would bei toi implement Alternative 2, Happy Hill, Warner Road, Haw River Road. He then made himselfavailable for Council then discussed with Mr. Babson, locations ofe existing 12-inch pipes and where questions. improvements would be needed. 7. NEW BUSINESS: 10. Discussion and Adoption of2023 Health Reimbursement Arrangement. Mayor Pro Tem Foy made al Motion to continue this item to the February Agenda. Councilman Jones seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro' Tem Foy Councilman Jones Aye Aye 11. Discussion of Separation of Duties Policy. Councilman Jones referenced changes to this document previously, he asked the Town Clerk for acertified copy oft this policy. He was advised that there were multiple copies of the document. Town Clerk Dale Martin reported that the copy in front of Council, is the version highlighted that she revised based on action by Council in 2018 and 2020. She explained ai number ofitems Mr. Winfree advised that the errors should be fixed, and Council come up with a unified document that can be agreed upon. He offered to work with Council to come up with aj policy Council discussed methods to review this document and how it applies to the NC General Councilman Jones made al Motion to allow for a 20-minute recess to review of this document, the intent to vote tonight on minor revisions/corrections to create a document that can be Mayor Pro Tem Foy stated that he would be voting no, as he felt there had' been time to review the document and that he was not aware ofany issues with the document since it was voted on Councilman Jones asked the Town Clerk ifs she could provide a certified copy oft this document. Clerk Martin stated that she could: not provide a certified copy due to the fact that she has never Council and Mr. Winfree discussed whether or not the document exists as therei is not a fully executed copy oft the document. It was recommended that ift there are: no changes, the document that need to be verified and some typographical errors found. that makes sense. Statutes. enforced. Councilman Landreth seconded the motion. by Council in 2020. found a fully corrected or executed copy ofthe policy adopted in 2020. could be cleaned up and executed. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Absent No Mayor Pro' Tem Foy Councilman Jones No Aye 8 Motion failed, vote 2-2. Mayor Pro Tem Foy made a Motion that he and Councilman Jones work with Staff to produce a document for Council's consideration. Councilman Rigsbee seconded the motion. It was not the intent to make changes to the document but to clean up the document based on changes previously adopted. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, vote 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 12. Consideration of a Resolution Consenting to the Addition of Streets within North Mayor Pro Tem Foy made a Motion to approve the following Resolution Consenting to the Addition of Streets within North Ridge Phase 4 Subdivision to the seçondary road maintenance system of the State ofNorth Carolina. Councilman Rigsbee seconded the motion Ridge Phase 4 Subdivision. (NCDOT) R-2023-02 RESOLUTION CONSENTING TOTHE. ADDITION OF STREETS WITHIN NORTH RIDGE (PHASE 4) SUBDIVISION TOTHE SECONDARY ROAD MAINTENANCE SYSTEM OF THE STATE OF NORTH CAROLINA WHEREAS, the North Carolina Department of' Transportation has declared through its Secondary Road Addition Investigation Reports (File G-15-22) dated February 24 2022 that said streets, Popular Bluff Drive (Extension of SR 4676) (.12 miles) and Backridge Drive, (.19 miles) meets the minimum requirements for addition into the Secondary Road System ofthe State of WHEREAS, the cognizant District Engineer of the North Carolina Department of Transportation does recommend the addition of] Popular Bluff Drive (Extension ofs SR 4676) (.12 miles) and Backridge Drive, (.19 miles) to the Secondary Road System of the State ofNorth NOW, THEREFOR BE: IT HEREBY RESOLVED THAT: The Town Council on behalfof the Town of Stokesdale, North Carolina does herewith, after due consideration and deliberation and without any objections being heard, concur and consent to the addition ofl Popular Bluff Drive (Extension of SR 4676) (.12 miles) and Backridge Drive, (.19 miles) to the Secondary Road System oft the State ofl North Carolina to the same degree and measure to which property owners have petitioned said Department of Transportation ofthe State of North Carolina, and to the same degree and measure to which the said Department ofTransportation does now recommend acceptance into the said Secondary Road System oft the State ofNorth Carolina, North Carolina; and Carolina. 9 This the 12th day of. January, 2023. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 13. Proposal to extend lawn care contract with Excellence Lawn Care for 1 year at the Councilman Rigsbee spoke with Excellence Lawn Care, the existing contract will expire March 31,2023. The contract was a 1 year contract and as far as hel knew there has been no negative feed back on the service provided. Councilman Rigsbee asked the owner ifhe would be willing to extend this contract for another year under the same terms and conditions under the current contract. The owner indicated that he would be willing to extend the contract as such. Councilman Rigsbee made a Motion to extend the current contract for one (1)year with Excellence Lawn care, $24,000/year or $200/month and all other terms and conditions remain the same as the current contract. Contract year from April 2023 to April 2024. Councilman Councilman Jones expressed concern with having no contract, he asked that the Town make sure wel have sufficient insurance coverage. Councilman Rigsbee stated that the intent is if Council approves this, ai new contract would bej prepared with the same terms as in the current contract. If Mr. Winfree suggested Council authorize an amendment to extend the current contract under the same terms and conditions and that sufficient insurance requirements be added. Councilman Rigsbee withdrew his motion to allow time for additional documents bej prepared. 14. Consideration of Budget Amendment #2 for FY 2022-2023 and to create line item Mrs. Kim Thacker presented budget amendment #2 for the Water Enterprise Fund to create a line Mayor Pro Tem Foy: made a Motion to approve the following Budget Amendment #2 for FY same terms and conditions. Landreth seconded the motion. needed, this item can be brought back to Council next month. for Emergency Water Repairs. item for emergency water repairs. 2022-2023. Councilman Jones seconded the motion. 2022-2023 FISCAL YEAR BUDGET 10 BUDGET ORDINANCE AMENDMENT #2 ORDINANCE NO: 0-2023-02 BEIT ORDAINED by the Governing Board of the Town of Stokesdale, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending Section 1: To amend the Water Enterprise Fund, Revenue & Expenses as follows: June 30, 2023: Decrease Increase $15,000.00 $75,000.00 Balance $17,000.00 $600,000.00 $15,000.00 Section A: Income - Investment Income Water Sales Taps & Connection $40,000.00 Section. B: Expenses - #11000 - Water Purchase #12003 - Engineering Consultation Fees #12004 -] Dues & Subscription 312002 - Contract Operation $45,000.00 $210,000.00 $5,000.00 > 40,000.00 $5,000.00 $ 6,800.00 $5,000.00 $105,000.00 Section 2: Copies oft this budget amendment shall be furnished to the Clerk oft the Governing Board, and to the Budget Officer for their direction. Adopted this 12th day of. January, 2023. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro' Tem Foy Councilman Jones Aye Aye 15. Consideration of Applying for credit line increase for the Town's credit card. Mayor Pro' Tem Foy asked about debit cards. Mrs. Thacker pointed out that a debit card would tie to the town's general fund account. She recommended a $5,000 spending limit and to cancel the' Truist/BB&T credit card and apply for one through Fidelity Bank. The current limit is $3,000 for both cards, that are issued tol Dale Martin and Priscilla Hunsucker. Mayor Pro Tem Foy made a Motion to close the Truist credit card account and submit an application to. Fidelity Bank for ai new credit card, with a credit limit of $5,000. Councilman Rigsbee seconded the motion. 11 Councilman Jones asked ifac document would need to be prepared to authorize the bank to open this account. A resolution was discussed however, the minutes may have to be approved. Council agreed that the Clerk would draft ai resolution and authorized the Mayor to sign. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye Councilman Jones asked that the resolution be sent to Council. 16. Consideration ofa request to move funds from 60300 Legal Professional -Attorney Mrs. Thacker explained the need to: move $555 from one account to another account within the same category. Due to it being within the same category, no budget amendment is needed, only a Mayor Pro Tem Foy made a Motion to authorize the Budget and Finance Officer Kim Thacker to move funds, ini the amount of $555, from line item # 60300 Legal Professional = Attorney to to 60200 Audit. vote of Council is required. line item # 60200 -A Audit. Councilman Rigsbee seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye Mayor Pro Tem Foy called ai recess at 9:14 pm. Meeting reconvened at 9:21 pm. 17. Discussion on Town of Stokesdale's IT contract. Councilman Rigsbee presented a proposal from the Town's current computer service provider, Total Computer Solutions (TCS), and explained ai new security platform that will be used to Councilman Rigsbee referenced the updated document and noted the new proposal is for $240/month increase for the security and a small increase over the previous contract. He stated that the Town will need to either go out for bids again to find another provider or stay with TCS Council and Mrs. Thacker discussed the budget impact and the need for a budget amendment to cover this additional fee for TCS and additional fees due for the remainder oft the budget year. If a budget amendment is needed, it will need to be approved prior to approving a new contract monitor the town's computer network. and pay this additional cost to continue with them. with' TCS. 12 Mayor Pro Tem Foy recommended that he work with Mrs. Thacker to determine what is needed. Councilman Rigsbee stated that the increase fee for the new platform will have tol be implemented, he noted that we are currently operating without a contract; however, he will discuss this with' TCS to make sure we: are covered until such time a new contract and budget amendment is prepared and approved. He also noted that TCS mentioned Cyber Security Insurance which most municipalities carry, and he will discuss that option with' TCS as well. He also noted that the Town's server is near capacity which may need to be upgraded to carry the Mayor Pro Tem Foy offered to work Councilman Rigsbee and stafft to look at what our future needs are and look out in the marketplace for potential vendors, get prices and bring this back to town until 2025. He will discuss this with TCS also. Council, Councilman Jones referenced a strike-though on the current contract whereby the Indemnification Clause was eliminated. Mr. Winfree advised that it's not uncommon for this Councilman Jones made a Motion to continue this item to the February Council meeting. Mayor clause tol be eliminated or not included from the start. Pro Tem Foy seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 18. RFP/RFQ Discussion and Potential Vote on Town Park and Town Water System Mayor Pro' Tem Foy made a Motion that pending legal review, the Town submit Request For Proposals (RFP) toj potential vendors for basketball and pickle ball courts at the' Town Park. Potential Capital Projects. Councilman Landreth seconded motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye Mayor Pro Tem Foy referenced the packet information for the Request For Qualifications (RFQ), Professional Services, for potential water line extensions, projects still unidentified at this point. Mayor Pro' Tem Foy made al Motion that pending legal review, the town submit al Request For Qualifications (RFQ) requesting letters ofinterest statements and qualifications to Professional Engineers to oversee potential water line extensions. Councilman Landreth seconded the motion. 13 Council discussed the process for interviewing and selecting an engineering firm, prior to any cost figures being disclosed. Once a vendor is selected based on qualifications, theni negotiations can begin for cost projections. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Amphitheater Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye Mayor Pro Tem Foy made al Motion to solicit a Request for Proposal (RFP) for the construction Mayor Pro' Tem announced that the Town Park Committee has- been working on this project, held aj public meeting and was included in the public survey conducted three years ago. Council discussed the proposal and construction process oft the structure. ofthe Amphitheater. Councilman Landreth seconded the motion. Mayor Pro Tem Foy announced that the three projects discussed tonight, the money used for these projects is grant money received from the: federal government and not the Town's fund balance. Councilman Landreth reminded everyone that ifv we don'tspent this grant money, we must give it back. Councilman Jones added that ifwe overspend these grant funds, it is his intent to not spend any money out ofthe general fund and recommended a contingency budget be included. Councilman Rigsbee added that the money belongs to the citizens and the money must bes spent appropriately. Councilman Landreth stated that he supports the projects as presented, however we may need to cut back on something when it all comes to together. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 19. Citizen's Comments from the Floor (3-Minute Limit per Speaker) Dan O'Connor speaking on behalfofconcerned citizen asking that Council look at safety measures for Haw River Road in the area where two children have been struck and killed. Invited everyone to Cause and Coffee events which raises money for various charities and who Mayor Pro Tem Foy asked that Council Comments be made prior to the Closed Session. works with churches to help meet needs ini the community. 21. Council Comments. Councilman Rigsbee thanked everyone for attending and the positive things happening in Town. 14 Mayor Pro' Tem Foy also appreciates everyone in attendance. He then reported on action by the Guilford County School Board to fill a vacant seat on the School Board for District 3 which includes Stokesdale. He then introduced Mr. Michael Logan to address Council. MichaelLogan introduced himself as a candidate for the vacant seat on the Guilford County School Board. Councilman Landreth thanked everyone for attending tonigh'smeeting. Councilman Jones also thanked everyone for attending, referenced Mayor Pro Tem Foy's comments ini regard to the vacant seat on1 the Guilford County School Board and pledged support for elected officials having their voices heard, and the need to fill the vacant seat, he supports school choice, charter schools as a possible solution to some oft the problems with our school system. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 20. Closed Session in accordance with S 143-318.11. Closed sessions. (a) Permitted Purposes. It is the policy of this State that closed sessions shall be held only when required toj permit a public body to act int the public interest as permitted ini this section. Aj public body may (3) To consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby Mayor Pro Tem Foy made a Motion to enter into Closed Session for the purpose of consulting hold a closed session and exclude the public only when a closed session is required. acknowledged. with the Town Attorney at 10:45pm. Councilman Jones seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, vote 4-0. seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye Mayor Pro Tem Foy made a Motion to return to Open Session at 11:08 pm. Councilman Jones Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye 15 Motion carried. Mayor Pro Tem Foy made a Motion that pending legal advice and approval, that we advertise the RFP's and RFQ's approved tonight by electronic means, emails to potential vendors. Councilman Rigsbee seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee 22. Adjournment. Absent Aye Mayor Pro Tem Foy Councilman Jones Aye Aye Councilman Rigsbee made a Motion to adjourn at 11:11pm. Councilman Landreth seconded the motion. Mayor Crawford Councilman Landreth Aye Councilman Rigsbee Motion carried, 4-0, Absent Aye Mayor Pro' Tem Foy Councilman Jones Aye Aye Being noi further business to come before Council, the meeting was adjourned at 11:11 pm. ANNOUNCEMENTS: The Town of Stokesdale Town Planning Board will hold a meeting on January 26, 2023, at 7:00 PM inside the Town Hall Council Chambers, located at 8325 Angel The Town of Stokesdale Town Council will hold a regular meeting on February 09, 2023, at 7:00 PM inside the Town Hall Council Chambers, located at 8325 Angel Pardue Road, Stokesdale, NC27357. Pardue Road, Stokesdale, NC27357. Approved: Michael E. Crawford, Mayor ATTEST: Dale F. Martin, Town Clerk 16 AGENDA ITEM: 5b Robbie Lee Wagoner II From: Sent: To: Cc: Subject: Ryan Seals neaxoguloroounyngon Friday, September 1, 202310:38AM Robbie Lee Wagoner II Stacey Joseph; Dakota Brim; Jarad Corbett; Mike Burns August Stokesdale Crime Stats for 9/14 council meeting For the month of August, the Sheriff's Office responded to at total of 208 calls in Stokesdale town limits, resulting in 16 formal case reports. Ofn note: On 8/21, deputies responded to a residential breaking and entering in the 8900-block of Osage Rd., investigation ongoing. Calls by type: BURGLARY RESIDENTIAL DISTURBANCE ALARM DOMESTIC WEAPONS OFFENSE WARRANT HAZARD DRUGS TRAFFIC 2 2 28 7 2 FRAUD MISSING PERSON ACCIDENT OTHER SUSPICIOUS VANDALISM THEFT TRESPASSING 3 1 4 99 24 3 2 3 3 23 Rd Stokesdar Dorset Sergeant Ryan Seals Districtl 2 Guilford County Sheriff's Office 7504 Summerfield Road, Summerfield, NC: 27358 336-641-2303 I m: 336-382-8877 easegulorotounycge. www.guilfordcountysheriff.com 600 E-mail correspondence to and from this address may bes subject tot the North Carolina Public Records Law andr may be disclosed to third parties by an authorized county official. Ify you have received this communication! in error, please do not distribute it. Please notify the sender by E-mail att the address shown and deletet the original message. This document is the property of the Guilford County Sheriff's Office and is marked Law Enforcement Sensitive (LES). Further dissemination of this document is strictly forbidden except to other law enforcement agencies for criminal law enforcement purposes. The preceding and following information must be handled and protected accordingly. CONFIDENTIALITY NOTICE: This e-mail, including any attachments, is intended for the sole use of the addressee(s) and may contain legally privileged andlor confidential information. Ifyou are not the intended recipient, you are hereby notified that any use, dissemination, copying or retention of this e-mail or the information contained herein is strictly prohibited. Ify you have received this e-mail in error, please immediately notify the sender by telephone or reply by e-mail, and permanently delete this e-mail from your computer system. Thank you. 3 AGENDA ITEM: 7a General Fund Balance Sheet August 23 Town of Stokesdale Balance Sheet Aug-23 Total Interest % Mature Date ASSETS Current Assets Bank Accounts American Rescue Plan Act( (ARPA)- Fidelity Bank. -7869 Bank of Oak Ridge Checking (Money Market) Bank of Oak Ridge-CDARS CDAR- Acct#1 1026529839 CDAR- Acct1026843118 CDAR- Acct1026715802 CDAR- Acct #1026772164 CDAR- Acct# 1026843126 CDAR- Acct# 1026849388 CDAR- Acct# 1026872924 CDAR-Acct# 1026970586 CDAR- Acct*1026970594 CDAR -Acct*1026529812 CDAR Acct# 1026456246 Total Bank of Oak Ridge-CDARS Fidelity Bank- 002762 Petty Cash Total Bank Accounts Accounts Receivable Salary & F.I.C.A. Due from Water Enterprise Expenses due from Water Enterprise Sales Tax 2022-2023 Water Enterprise Reimbursement Total Accounts Receivable Total Current Assets TOTAL ASSETS LIABILITIES Other Current Liabilities American! Rescue Plan Act (ARPA) Accounts Payable Total Other Current Liabilities Total Current Liabilities Total Liabilities EQUITY Open Balance Equity Reserved for Specific Purpose (Public Safety) Stabilization by State Statute Net Revenue Total Equity TOTAL LIABILITIES ANDI EQUITY 652,195.56 23,599.16 1.4900% 50,619.52 2.95601% 174,818.07 3.6816% 320,983.02 3.6816% 142,605.97 3.6816% 275,388.73 3.6816% 284,989.21 3.6816% 439,442.18 3.6816% 643,536.94 3.6816% 54,515.58 3.6816% 46,204.46 2.95601% 182,185.84 2.71296% 2,615,289.52 334,075.47 150.00 3,625,309.71 564.64 0.00 76.76 9,693.74 10,335.14 3,635,644.85 3,635,644.85 652,195.56 6,062.08 658,257.64 658,257.64 2,887,421.08 23,500.00 92,794.00 -26,327.87 2,977,387.21 3,635,644.85 0.00% 11/30/2023 2/29/2024 1/25/2024 2/8/2024 2/29/2024 2/29/2024 3/7/2024 3/28/2024 3/28/2024 11/30/2023 11/9/2023 0.05% 0.00% $ $ $ $ $ Page 1of1 > t 0 s e & : 9 8 & &. R A a R a a R a o a d8 9 4 3 85 de * 88 5 9 a R K 9 6 $ $ 0 6 - ? R R o a R R R R a 6 6 6 A AGENDA ITEM: 7b Water Enterprise Balance Sheet August 23 Water Enterprise Account Balance Sheet Aug-23 Total Interest % Mature Date ASSETS Current Assets Bank Accounts Bank Of Oak Ridge CDARS CDAR Acct# 1026529731 CDAR Acct# 1026480864 CDAR- Acct# 1027147832 CDAR- Acct# 1026529847 Total Bank Of Oak Ridge CDARS Capital Reserve Fund- CRF (0345) Fidelity-Water Enterprise (0504) NCCMT Regular Savings (0403) Total Bank Accounts Total Current Assets Accounts Receivable AR- Water Sales Active 90+Days Past Due Inactive 90+Days Past Due Total AR- Water Sales Sales Tax Refund 2023-2024 Total Accounts Receivable Other Current Assets Contral Expnense Acccounts Allowance for Doubtful Accounts Total Contra Expense Accounts Total Other Current Assets TOTAL ASSETS LIABILITIES Accounts Payable 254,510.33 76,012.83 61,987.44 510,948.53 208,323.18 760,249.86 547,718.30 45,063.08 2,072,302.95 2,072,302.95 2.95601% 11/30/2023 2.71296% 11/6/2023 2.95601% 11/30/2023 0.05% 0.05% 0.02% 118,437.93 2.95601% 5/2/2024 $ $ 39,238.91 Includes August billing 0.00 0A Account 6,115.64 25 Accounts 45,354.55 0.00 45,354.55 6,115.64 6,115.64 6,115.64 2,111,541.86 9,693.74 0.00 564.64 10,258.38 33,258.39 208,323.18 241,581.57 251,839.95 251,839.95 -$ -$ -$ $ Water Reimbursement due to General Fund Expenses paid! by GF due to GF Payroll due to General Fund Account Total Accounts Payable Other Current Liabilities Water Deposits Refundable Capital Reserve Fund- SDF Fees (Restricted) Total Other Current Liabilites Total Current Liabilities TOTAL LIABILITIES Page 1 88 R R a R & R R ORE00E0 AGENDA ITEM: 9 TOWN OF STOKESDALE a R-2023- AJ RESOLUTION CONSENTING TOTHE. ADDITION OF POND COURT WITHIN THE MEADOW RIDGE SUBDIVISION TOTHE SECONDARY ROAD MAINTENANCE SYSTEM OF THE STATE OF NORTH CAROLINA WHEREAS, thel North Carolina Department ofTransportation has declared through its Secondary Road Addition Investigation Reports (File G-17-23) dated August 07, 2023, of said street Pond Court (0.06 miles), meets the minimum requirements fora addition into the Secondary Road System WHEREAS, the cognizant District Engineer of the North Carolina Department ofTransportation does recommend the addition of Pond Court (0.06 miles) to the Secondary Road System oft the NOW, THEREFOR BE IT HEREBY RESOLVED THAT: The Town Council on behalf of the Town of Stokesdale, North Caroline does herewith, after due consideration and deliberation and without any objections being heard, concur and consent to the addition of Pond Court (0.06 miles) to the Secondary Road System of the State of North Carolina to the same degree and measure to which property owners have petitioned said Department ofTransportation oft the State of North Carolina, and to the same degree and measure to which the said Department of Transportation does now: recommend acceptance into the said Secondary Road System ofthe State oft the State ofNorth Carolina; and State ofNorth Carolina. ofNorth Carolina. Adopted this the 14th day of September, 2023. Michael E Crawford, Mayor Attest: Robbie Lee Wagoner II, Town Clerk PAGE10F1 RECEIVED AUG 14:2023 STATE OF NORTH CAROLINA DEPARTMENTOF TRANSPORTATION ROY COOPER GOVERNOR Guilford County Mr. Mike Crawford, Mayor Town of Stokesdale 8325. Angel Pardue Road P.O. Box 465 Stokesdale, NC27357 J.J ERIC BOYETTE SECRETARY August7, 2023 Road Addition - Pond Court in thel Meadow Ridge Subdivision in Stokesdale in Guilford County Dear Mr. Crawford: Attached is a copy oft the Secondary Road Addition Report, the property owner's petition, a1 marked county map and the subdivision plat for the addition of the following road: Pond Court 0.06 miles Iask for a resolution concurring in the addition of this road to the State Maintenance System. Sincerely, S4LNLk Bobby L. Norris, P.E. District Engineer BLN/wr Mailing Address: NCI DEPARTMENT OF TRANSPORTATION DIVISIONOFI HIGHWAYS DIVISION7RIGHT OF WAY P.O. BOX 14996 GREENSBORO, NC27415-4996 Telephone: 336)334-3515 Fax: (336)334-5331 Customer Service: 1-877-368-4968 Website: www.nedot.gov Location: 1101 E. WENDOVER/ AVE. SUITE200 GREENSBORO, NC27405 North Carolina Department of Transportation Secondary Road Addition Investigation Report Division of Highways County: Township: Local Name: Surface Type: $9.5B Base Type: Guilford Oak Ridge Co. File No: Div. File No: G-17-23 Date: Div. No: 8/7/2023 7 Pond Court Subdivision Name: Meadow Ridge (Ph2) Length: Surface Thickness: 2" Base Thickness: 10" Width: 20' Pavement Condition: .06 Good ABC *Bridges: YesD Nox *Pipe > 48": YesD NoR *Retaining walls within Right of way? YesD NoX *If Yes-I Include Bridge Maintenance Investigation Report Is this a subdivision street subject to the construction requirements for such streets? Yes Recording Date: 05-16-1997 Additional Plats: Book: 124 Page: 88 Number of homes having entrances into road: 4 Other uses having entrances into road: 0 Right-of-Way Width: 50' lfright-of-way) is below the desired width, give reasons under" "Remarks and Recommendations" Is petition (SR-1) attached? Yes Ifnot, why Ist the County Commissioners Approval (SR-2) attached? Yes not? Cost to place in acceptable maintenance condition: Total Cost: $ 0 Is a map attached indicating information for reference in locating road by the Guilford County Planning Department? Grade, drain, stabilize: $ 0 Yes Drainage: $ 0 Other: $ 0 Remarks and Recommendations: Road meets minimum requirements. Recommend addition. Submitted by: Reviewed and Approved: DIVISION ENGINEER 4lth Reviewed and Approved BOARD OF TRANSPORTATION MEMBER: (Do not write in this space = For use of Secondary Roads Unit Petition # Form SR-4 (07/10/18) Received by NCDOT: 3/14/2022 North Carolina Department of Transportation Division of Highways Petition for Road Addition ROADWAY INFORMATION: (Pleasel Print/Type) County: Guilford Road Name: Pond Court (Please lista additionals stroet names andl lengths ont the back off this form.) Subdivision Name: Meadow Ridge (Ph2) Length (miles): Located (miles): 4423 and Route (SR,NC,US) .06 .15 4424 (SR,NC,US) Pond Court Number of occupied homes having street frontage: miles N! RsD ED wD of the intersection of Route We, the undersigned, being property owners and/or developers of 4 (Check one) in Guilford County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address ofF First Petitioner. (Please Print/Type) Name: Jennifer Williams (HOA President) Phone Number: (336)644-2035 Street Address: 7708 Haw Meadows Dr. Kemersville, NC 27284 Mailing Address: 7708 Haw Meadows Dr. Kernersville, NC 27284 PROPERTY OWNERS Mailing Address Name Telephone Form SR-1 (3/2006) INSTRUCTIONS FOR COMPLETING PETITION: 1. Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s). NCDOT review and approval only require the developer's signature. 3. Adjoining property owners and/ori the developer may submit a petition. Subdivision roads with prior 4. Ifsubmitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition. However, construction plans may not be required at this time. 5. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Please check the appropriate block Rural Road Subdivision platted prior to October 1, 1975 Subdivision platted after September 30, 1975 REQUIREMENTS FOR ADDITION Ifthis road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right-of-way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right-of-way will extend the entire length oft the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right-or-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136-102.6 (see page 29 for Statute) states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. ROAD NAME Pond Court HOMES 4 LENGTH ROAD NAME HOMES LENGTH .06 Form SR-1 (3/2006) 8 : V49s 444s 8888 1731 65 .93 2.50 - - 158 158 68 Mojoson STOKESDALE POP. 5,935 pletis awx Gie 68 Haw 150 2.93 D-H .06 .05 D-H .17 73 OAKIRIDGE POP,7,488 68 Match! Lii 20371 Stokesdale Pop. 5,935 034 5044 Delews Lake 4379 E/ 48 2035 4986 2034 4640 4610 44551 2022 (461Z 4619 209Z 411 4411 4414 1420 2022 Oak Ridge Pop. 7,488 0Z 105 AGENDA ITEM: 10 TOWN OF STOKESDALE R-2023- ARESOLUTION CONSENTING TOTHE ADDITION OF CORNELIUS COURT, JOHN KING LANE AND SOUTH POINT! DRIVE WITHIN THE BOONE MEADOWS SUBDIVISION TOTHE SECONDARY ROAD MAINTENANCE SYSTEM OF THE STATE OF NORTH CAROLINA WHEREAS, thel North Carolina Department ofTransportation has declared through its Secondary Road Addition Investigation Reports (File G-09-23) dated September 11, 2023, of said streets, Cornelius Court, John King Lane and South Port Drive (Extension of SR 4608), meets the minimum requirements for addition into the Secondary Road System of the State of North WHEREAS, the cognizant District Engineer oft the North Carolina Department ofTransportation does recommend the addition ofCornelius Court, John King Lane and South Port Drive (Extension NOW, THEREFOR BE IT HEREBY RESOLVED THAT: The Town Council on behalf of the Town of Stokesdale, North Caroline does herewith, after due consideration and deliberation and without any objections being heard, concur and consent to the addition of Cornelius Court, John King Lane and South Port Drive (Extension of SR 4608) to the Secondary Road System of the State of North Carolina to the same degree and measure to which property owners have petitioned said Depurmemtoflampataton ofthe State ofNorth Carolina, and to thes same degree and measure to which the said Department of Transportation does now recommend acceptance Carolina; and ofs SR 4608) to the Secondary Road System ofthe State ofl North Carolina. into the said Secondary Road System oft the State of] North Carolina. Adopted this the 10th day of September 14, 2023. Michael E Crawford, Mayor Attest: Robbie Lee Wagoner II, Town Clerk PAGE10F1 STATE OF NORTH CAROLINA DEPARTMENTOF TRANSPORTATION ROY COOPER GOVERNOR Guilford County Mr. Mike Crawford, Mayor Town of Stokesdale 8325. Angel Pardue Road P.O.1 Box 465 Stokesdale, NC. 27357 J.I ERICBOYEITE SECRETARY September 12, 2023 Road Additions - Cornelius Court, John King Lane and South Point Drive in the Boone Meadows Subdivision in Stokesdale in Guilford County Dear Mr. Crawford: Attached is a copy ofthe Secondary. Road Addition Reports, the property owner's petition, ai marked county: map and the subdivision plats for the addition of the following roads: Cornelius Court John King Lane 0.22 miles 0.10: miles 0.18 miles South Point Drive (Extension of SR 4608) Iask for a resolution concurring in the addition of these roads to the State Maintenance System. Sincerely, SHLNLk Bobby L. Norris, P.E. District Engineer BLN/wr Malling Address: NCDEPARTMENT OFTRANSPORTATION DIVISIONOFI HIGHWAYS DIVISION7RIGHT OF WAY P.O. BOXI 14996 GREENSBORO, NC27415-4996 Telephone; (336)334-3515 Fax: (336)334-5331 Customer Service: 1-877-368-4968 Website: www.nedot.gov Location: 11011 E, WENDOVERAVE. SUITE200 GREENSBORO, NC27405 North Carolina Department of Transportation Secondary Road Addition Investigation Report Division of Highways County: Township: Local Name: Surface Type: S9.5B Base Type: Guilford Oak Ridge Co. File No: Div. File No: G-09-23 Date: Div. No: 9/11/2023 7 Cornelius Court Subdivision Name: Boone Meadows Length: Surface Thickness: 2" Base Thickness: 10" Width: 20' Pavement Condition: .22 Good ABC *Bridges: YesD No *Pipe > 48": YesD Nok *Retaining walis within Right of way? YesD NoX *IfYes- Include Bridge Maintenance Investigation Report Is this a subdivision street subject to the construction requirements for such streets? Yes Recording Date: 04-12-2021 Additional Plats: Right-of-Way Width; Is petition (SR-1)attached? Yes Book: 206 Page: 12&13 Number of homes having entrances into road: 17 Other uses having entrances into road: 0 50' Ifright-of-way! is below the desired width, give reasons under" Remarks and Recommendations." Is the County Commissioners Approval (SR-2) attached? Yes Ifnot, why not? Is a map attached indicating information for reference in locating road by the Guilford County Planning Department? Grade, drain, stabilize: $ 0 Yes Cost to place in acceptable maintenance condition: Total Cost: $ 0 Drainage: $ 0 Other: $ 0 Remarks and Recommendations: Road meets minimum requirements. Recommend addition. Submitted gwks by: Reviewed and Approved: DIVISION ENGINEER E STFCTENGINEER Reviewed and Approved BOARD OF TRANSPORTATION MEMBER: (Do not write in this space - For use of Secondary Roads Unit Petition # Form SR-4 (07/10/18) North Carolina Department of Transportation Secondary Road Addition Investigation Report Division of Highways County: Township: Local Name: Surface Type: S9.5B Base Type: Guilford Oak Ridge Co. File No: Div. File No: G-10-23 Date: Div. No: 9/11/2023 7 John King Lane Subdivision Name: Boone Meadows Length: Surface Thickness: 2" Base Thickness: 10" Width: 20' Pavement Condition: .10 Good ABC *Bridges: YesD No *Pipe > 48": YesD Nok *Retaining walls within Right of way? YesD No *IfYes-I Include Bridge Maintenance Investigation Report Is this a subdivision street subject to the construction requirements for such streets? Yes Recording Date: 04-12-2021 Additional Plats: Right-of-Way Width: Isp petition (SR-1) attached? Yes Book: 206 Page: 12&13 Number of homes having entrances into road: 6 Other uses having entrances into road: 0 50' Ifright-of-way! Is below the desired width, give reasons under Remarks and Recommendations" Is the County Commissioners Approval (SR-2) attached? Yes Ifnot, why not? Isar map attached indicating information for reference in locating road by the Guilford County Planning Department? Grade, drain, stabilize: $ 0 Yes Cost to place in acceptable maintenance condition: Total Cost: $ 0 Drainage: $ 0 Other: $ 0 Remarks and Recommendations: Road meets minimum requirements. Recommend addition. Submitted Reviewed ginks by: and Approved: DIVISION ENGINEER AuE Reviewed and Approved BOARD OF IRANSPORTATION MEMBER: (Do not write in this space - For use of Secondary Roads Unit Petition # Form SR-4 (07/10/18) North Carolina Department of Transportation Secondary Road Addition Investigation Report Division of Highways County: Township: Local Name: Surface Type: $9.5B Base Type: Guilford Oak Ridge Co. File No: Div. File No: G-11-23 Date: Div. No: 9/11/2023 7 South Point Drive (Extension of SR 4608) Subdivision Name: Boone Meadows Boone Landing Length: Surface Thickness: 2" Base Thickness: 10" Width: 20' Pavement Condition: .18 Good ABC *Bridges: YesD No *Pipe > 48": YesD No *Retaining walls within Right of way? YesD No *IfYes-I Include Bridge Maintenance Investigation Report is this a subdivision street subject to the construction requirements for such streets? Yes Recording Date: 04-12-2021 Additional Plats: 11-02-1995 Book: 206 Page: 12&13 Book: 118 Page: 61 Recommendations" Number of homes having entrances into road: 6 Other uses having entrances into road: 0 Right-ofWay Width: 50/60' lfright-of-way! is below! the desired widih, give reasons under" Remarks and Is petition (SR-1) attached? Yes Is the County Commissioners Approval (SR-2) attached? Yes Ifnot, why not? Is a map attached indicating information for reference in locating road by the Guilford County Planning Department? Grade, drain, stabilize: $ 0 Yes Cost to place in acceptable maintenance condition: Total Cost: $ 0 Drainage: $ 0 Other: $ 0 Remarks and Recommendations: Road meets minimum requirements. Recommend addition. Submitted by: Reviewed and Approved: Ahs DIVISION ENGINEER stte Reviewed and Approved BOARD OF IRANSPORTATION MEMBER: (Do not write in this space = For use of Secondary Roads Unit Petition # Form SR-4 (07/10/18) Date Petition Received by NCDOT: 3/28/2023 North Carolina Department ofTransportation Division of Highways Petition for Road Addition ROADWAYINFORMATION: (Please! PrintType) County: Guilford Road Name: Cornelius Court (Pleasel Ilsta additional street names andi lengths ont the back ofti thisi form.) Subdivision Name: Boone Meadows Number of occupied homes having street frontage: miles NRSD ED wD of the intersection of Route We, the undersigned, being property owners and/or developers of Length (miles): Located (miles): 2046 and Route 2047 .22 .07 (SR, NC,US) 17 (Cheokone) (SR,NG,US) Boone Meadows in Guilford County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address off First Pelitioner. (Please Print/Type) Mhliy Name and Signature: Will Befry 9/28/23 Phone Number: (336)273-8663 b Street Address: 2200 E. Bessemer Ave. Greensboro, NC 27405 Mailing Address: 2200 E. Bessemer Ave. Greensboro, NC27405 PROPERTY OWNERS Mailing Address Printed Name and Signature Telephone Form SR-1 (8/2022) INSTRUCTIONS FOR COMPLETING PETITION: 1. Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s). NCDOT review and approval only require the developer's signature. 3. Attach two (2) copies of reçorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior 5. Ifsubmitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition, However,o construction plans may not be required at this time. 6. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Date Petition Received by NCDOT: Please check the appropriate block: REQUIREMENTS FOR ADDITION JRural Road Subdivislon platted prior to October 1, 1975 X Subdivislon platted after September 30, 1975 Ift this road meets the requirements necessary for addition, we agree to grant the Department of7 Transportation a right-of-way of the necessary' width to construct the road to the minimum construction standards oft the NCDOT. The right-of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of ther right-or-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136-102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. ROAD NAME Cornelius Court John King Lane South Point Drive (Extension ofSR 4608) HOMES 17 6 5 LENGTH ROADNAME HOMES LENGTH .22 .10 .18 Form SR-1 (8/2022) Di BBAssiasasS (PUBUC) asisBasiessibas! I8EE * 9 31 e 38 08 : @ Bacisalis 73 220 65 4.93 .50 6! 158 158 68 Mojoson STOKESDALE POP. 5,935 58 Haw 150) - 68 N 3 ) ) Haw 150 2.93 D-H .06 0 D-H .17 73 OAKIRIDGE POP7,488 68 A 150 ne Match Line A OCKINGM 2045 2046 46058 4602 4608 4602 204 2040 2046 2043 2051 2046 2052 2053 54 2046 208Z Stokesda Pop.5 5,9: 2046 5007 2102: 2102/ 5042 5041 204 158 2037! 2050 205 2038 2062 2034 2032 Beleus Lake 4879 4380 4879 4881 2034 4642 4482 4424 4482 4616 4628 4639 2035 2032 2033 4886 2034 4646 482 482Z 4672 4671 4616 4610 4661 4611 4662 4439 4440 2111 2029) 25 2066 AGENDA ITEM: 11 Greensboro Engineering PLLC 1852 Banking Street #29127 Greensboro, NC 27408 Telephone (336)275-6360 E-mail: imfo@gscemsinering.com Website: www. gsoengineering.com reensboro Engineering PLLC September 1,2 2023 Client: Mr. Derek Foy Town of Stokesdale 8325 Angel-Pardue Rd Stokesdale, NC 27357 Re: Stokesdale Soccer Field] Lighting Project Mr. Foy, Thank you for the opportunity to provide a proposal for electrical engineering and permit documents for the Soccer Field Lighting Project. Electrical Supply house to provide photometric plans used as basis for design for lighting layout (wooden poles, metal supports, led lighting)- During walk thrul lighting (3) soccer fields were discussed - 11v11, 9v9, and 7v7. Lighting poles will be located on the interior the walking track and power distribution will be either from concession building or a new 120/240V electrical service from Duke Power. Design documents will reflect the lighting layout, specifications for electrical equipment and power distribution. Thep proposed scope of work is: listed above Assemble permit documents reflecting pole locations, power distribution, conduit and circuitry as Proposed Electrical Design Fee: $10k Design feei includes submittal review. Any bidding/negotiating or Construction Administration can bel handled on anl hourly basis of $150/hr Any design changes after permit submission can be performed on anl hourly basis. Monthly progress billing will: apply (Net 30 terms). Thank) you for the opportunity. Please contact us if you have any questions. Greensboro Engineering PLLC: appreciates the opportunity to provide aj proposal. Sincerely, Chad fauly Charles B.J Lackey, Manager Greensboro Engineering PLLC AGENDA ITEM: 12 Summary of Amendment to. Agreement between The Town of Stokesdale and Winston-Salem/Foryth County Utility Commission 1. Term extended from 20301 to 2050. 2. Capacity increased from 300,000 gallons/ day to 500,000 gallons/ day. 3. The Town will pay the Commission a one-time capacity reservation fee of$128,000 within 90 days oft the Agreement. 4. Termination for convenience with 48 month notice requirement, but may not be exercised by the Commission before 2040. Currently no time limit on when it could be exercised. 5. Notice and opportunity to cure related to termination for default extended from 30 days to 60 days. Ifthe change is one that cannot reasonably be completed in 60 days, then cure must be initiated within 60 days and diligently pursued. 6. Thei indemnification language is significantly enhanced for the Commission. 7. Installation of booster pumps or resale to other water systems must be approved by the Commission. FIRST AMENDMENT TO ANCILLARYINTERGOVERNMENTAL WATER SERVICES AGREEMENT This First Amendment to Ancillary Intergovernmental Water Services Agreement (the Date"), between the Town of Stokesdale, a municipality organized under the state of North Carolina (the "Applicant"), and Winson-Salem/Foryth County Utility Commission (the "Commission") (the Applicant and the Commission, each, individually, a "Party", and together, "Amendment") is entered into as of the day of 2023 ("Effective the "Parties"). Recitals A. WHEREAS, the Parties entered into that certain Ancillary Intergovermental Water Services Agreement dated May 1, 2001, for the supply and purchase of water (the "Agreement"); and B. WHEREAS, the Commission adopted a resolution on September 10, 2018, which approved a wholesale water rate for customers that possess their own water systems for which the Commission provides stored and treated water, but for which the Commission provides no maintenance, billing, or customer service; and C. WHEREAS, said wholesale water rate became effective October 1,2018; and D. WHEREAS, the Applicant meets the definition of a wholesale water customer; E. WHEREAS, on October 1, 2018, the Commission, therefore, reduced the wholesale water rate it charges to Applicant, commensurate with the reduction provided to all and wholesale water customers of the type above-described; and F. WHEREAS, the Parties have, therefore, adopted resolutions, on September 11, 2023 and September 14, 2023, respectively, toj permit the requisite amendment to the Agreement and to ratify the previous reduction in the rate charged to Applicant, made effective October 1, 2018;and G. WHEREAS, the Applicant would also like to increase the volume of water it H. WHEREAS, the Commission has agreed to supply the additional volume of purchases from the Commission; and water; and I. J. Agreement; and WHEREAS, the Parties would, furthermore, like to extend the term of the WHEREAS, the Parties would like to add various other provisions to the Agreement until the year 2050; and K. WHEREAS, the Applicant and the Commission have now agreed to amend the L. WHEREAS, sec. XIV of the Agreement provides that any amendment must be in terms ofthe Agreement as indicated below; and writing and executed by both parties; Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of 1. Article Iis, hereby, amended by adding the underlined language and deleting the "This Agreement shall be in effect from the date of completion of a water main connection by the Applicant until the year 2030-2050, or until modified as mutually agreed by both parties, or terminated as hereinafter provided. The-Cemmissien Either party may terminate this Agreement for-convenience by giving the-Applieant the other party forty-eight (48) months' written notice of its intent or decision to discontinue service before the end of the term, however, the Commission will not exercise its right to 2. Article III is, hereby, amended by adding the underlined language and deleting the "The Applicant shall install, and except as otherwise provided in Article IV. below. with respect to the Intervening Main, maintain, at Applicant's expense, a water meter and all necessary waterlines to the Metered Point. In addition, the Applicant shall install appropriate backflow prevention devices, as required by the Commission, and shall release, indemnify, defend. and hold the Commission for-harmless from and against any and all losses, costs, claims. damages, liabilities, expenses. suits, and causes of action, including, but not limited to. consequential, indirect, incidental, special, exemplary, and punitive damages, reasonable attorneys' fees, court costs, and other costs of litigation asseciated-with in any manner arising from, with respect to, or in connection with any detrimental backflow occurrence. Notwithstanding the foregoing, the Applicant shall not settle or compromise any claim or proceeding without the Commission's prior written consent, and the Commission reserves the right to retain its own legal counsel, at its expense. The Commission reserves the right to inspect, test, repair, and replace said meter and backflow prevention devices, as required. The cost of such replacements and/or repairs shall be charged to, and paid by, the Applicant, in accordance with 3. The first sentence of the first paragraph of Article V in the. Agreement is, hereby, amended by adding the underlined language and deleting the language shown in strikethrough: "V. The Commission shall provide the Applicant a maximum flow rate of 300,000 500,000 (five hundred thousand_gallons of water per day (hereinafter, Maximum Flow which the parties acknowledge, the parties agree to amend the Agreement as follows: language shown in strikethrough: terminate for convenience until January 1, 2040." language shown in strikethrough: Paragraph IX herein.". 2 Rate")..." 4. The following two sentences shall be added to the end of the first paragraph of "The Applicant shall release. indemnify, defend, and hold the Commission harmless from and against any and all losses, costs, claims, damages liabilities, expenses. suits, and causes of action, including, but not limited to, consequential. indirect, incidental, special, and exemplary damages, reasonable attorneys' fees, court costs, and other costs of litigation which the Commission may incur, arising from. with respect to, or in connection with the exceedance of the Maximum Flow Rate or, alternatively, the Commission's 's inability to furnish additional water/flows to meet the exigency caused by the fire or other catastrophic event. Notwithstanding the foregoing, the Applicant shall not settle or compromise any claim or proceeding without the Commission'sprior written consent, and the Commission reserves the right to retain its own legal counsel, at its 5. The final two sentences of the second paragraph of Article V are, hereby, amended by adding the underlined language and deleting the language shown in strikethrough: "The Commission shall incur no liability for said reduction or termination of water service to the. Applicant and the Applicant agrees to release.indemnify, defend, and hold the Commission harmless the-Cemmissien from and against any and all losses, costs, claims, damages liabilities, expenses. suits. and causes of action, including, but not limited to, consequential, indirect, incidental, special, exemplary, and punitive damages, reasonable attorney/s' fees, court costs. and other costs of litigation which the Commission may incur, arising eut-of from, with respect to, or in connection with the reduction or termination of water service to the Applicant. Notwithstanding the foregoing, the Applicant shall not settle or compromise any claim or proceeding without the Commission's prior written consent, and the Commission reserves the right to retain 6. Article VI is, hereby, by adding the underlined language and deleting the "VI. drsw-d-Apiatwtse-minine memt-oF-somsumpieeP-w-b--satie-39e-eF-tie Reelsem,the-Applsanenegeletaedemainnimwm-memihNly-msteed Bte-erthe-eerrespentimgmeersue--y-APPHcnEaHe-Rthe-Reselutiens: The_Applicant understands and acknowledges that water consumption below the Maximum Flow Rate can pose a threat to the quality of water within the Intervening Main. Regardless of how much water the Applicant actually uses. the Commission shall be charged. at a minimum, the appropriate minimum readiness-to-serve charge indicated in the Commission's Water System Policy Resolution, as well as the Reserve Capacity Fee outlined in Section 18 of the Amendment, below, and revised Article IX ofti the Agreement. In the event water quality problems ofany kind or nature do occur as al result of, due to, or arising out of Applicant's consumption of water below the Maximum Flow Article V: expense." its own legal counsel, at its expense." language shown in strikethrough: 3 Rate, Applicant shall pay (according to the rate established in pargph-Article.X herein) for the volume of water required to properly flush the water system and restore the quality ofwater to a level acceptable to the Commission,and shall release, indemnify, defend, and hold the Commission harmless from and against any and all losses, costs, claims, damages, liabilities, expenses, suits, and causes of action, including, but not limited to, consequential, indirect, incidental, special, exemplary, and punitive damages, reasonable attorneys' fees. court costs, and other costs of litigation in any manner arising from, with respect to, or in connection with the Applicant's consumption of water below the Maximum Flow Rate. Notwithstanding the foregoing, the Applicant shall not settle orcompromise any claim or proceeding without the Commission's prior written consent, and the Commission reserves the right to retain its own legal counsel, ati its expense." 7. The first sentence of Article VII is, hereby, amended by adding the underlined "Any changes in applicable_ Ffederal, er-Sstate. or local laws, rules, or regulations, requiring changes in the Resolutions or operation oft the water system,shall automatically become a part of this Agreement, and the Cemmission-Parties shall notifythe-Applient one another within a reasomable,emgl-period of time after becoming aware thereof,of 8. Article IX is, hereby, stricken, in its entirety, and replaced with the following two "The Commission shall read the meter, located as stated in Article II above, and submit invoices to the Applicant monthly. Applicant shall pay to the Commission for water services at the current rate indicated in the Commission's Water System Policy Resolution as the water wholesale rate, as said rate is subsequently amended: this provision of Article IX, concerning the rate to be paid by the Applicant, shall be effective retroactively to October 1,2018. as ratified by the Commission on September 11,2023. In addition, the Applicant shall pay the Commission a Reserve Capacity Fee" of $128,000 (one hundred twenty-eight thousand dollars) for the additional 200.000 (two hundred thousand) gallons per day of capacity (an increase from 300,000 to 500,000 gallons per day) that the Applicant, hereby, reserves in the Commission's water system, per Section 3 oft this Amendment and revised Article V oft the Agreement. This equates to$0.64 (sixty-four cents)_per gallon, per day, for the additional 200,000 (two hundred thousand) gallons, per day, of capacity. The Applicant shall pay the Reserve Capacity Fee in one lump sum, within 90 (ninety) calendar days of the execution of this Amendment. The Applicant shall be subject to all policies regarding collection of water charges, penalties for failure to pay, and termination of service, as outlined in the Commission's Water System Policy Resolution. The Applicant shall be responsible for and release, indemnify, defend, and hold the Commission harmless from and against any and all losses, costs claims, damages, liabilities, expenses, suits, and causes of action, including, but not limited to, consequential, indirect, incidental, special, exemplary, and punitive damages, reasonable attorneys' fees, court costs, and other costs of litigation incurred in the collection of any sums due from the Applicant to the Commission, Notwithstanding the foregoing, the Applicant shall not settle or compromise any claimor language and deleting the language shown in strikethrough: any such changes...". paragraphs: 4 proceeding without the Commission's prior written consent, and the Commission 9. Article X(3) is, hereby, amended by adding the underlined language and deleting "(3) This Agreement shall be terminated by the Commission (a) if the Applicant fails to cure such default within sixty (60) days after the date of written notice thereof; or (b)if such default cannot be cured in such period, as the Commission shall, in its sole and absolute discretion. have determined, and the Applicant has not commenced appropriate curative action within such sixty (60-) day period and, thereafter, diligently prosecuted such cure to completion, and as promptly as possible, all of the foregoing, once more as the Commission shall, in its sole and absolute discretion, determine. Ifthe Commission terminates the Agreement pursuant to this Article X(3). effective as of the date of termination. the Commission shall have no further obligation. responsibility, or liability to the Applicant. The Applicant shall release, indemnify, defend. and hold the Commission harmless from and against any and all losses, costs, claims. damages, liabilities. expenses, suits, and causes of action. including, but not limited to, consequential, indirect, incidental, special, exemplary, and punitive damages, reasonable attorneys' fees. court costs, and other costs of litigation in any manner arising from, with respect to, or in connection with the Applicant's breach of any term of this Agreement and/or the Commission's termination of the Agreement due to the Applicant's breach. Notwithstanding the foregoing. the Applicant shall not settle or compromise any claim or proceeding without the Commission's prior written consent, and the Commission reserves the right to retain its own legal counsel, at its expense." 9. The final two sentences of Article XI are, hereby, amended by adding the underlined language and deleting the language shown in strikethrough: ...The Applicant agrees to release, indemnify, defend, and hold the Commission harmless the-Cemmission from and against any and all losses, costs, claims, damages, liabilities. expenses, suits, and causes of action, including, but not limited to, consequential, indirect. incidental, special, exemplary,and punitive damages. reasonable attorney-s. fees, court costs, and other costs of litigation which the Commission may incur, in any manner. arising eutof from. with respect to, ori in connection with the quality of water beyond the Metered Point. Notwithstanding the foregoing, the Applicant shall not settle or compromise any claim or proceeding without the Commission's prior written consent. and the Commission reserves the right to retain its own legal counsel, at its 10. The following two sentences shall be added to the end of Article. XII: "In the event that the Applicant connects any pump or other water-boosting equipment to the Commission' s water system, either with or without the Commission's permission, the Applicant shall release. indemnify, defend, and hold the Commission harmless from and against any and all losses, costs, claims, damages. liabilities, expenses. suits, and causes of action, including, but not limited to. consequential, indirect, incidental, special, and reserves the right to retain its own legal counsel, at its expense." the language shown in strikethrough: expense." 5 exemplary damages, reasonable attorneys' fees. court costs, and other costs of litigation in any manner arising from, with respect to. or in connection with the Applicant's connection of said pump or other water-boosting equipment to the Commission's water system. Notwithstanding the foregoing, the Applicant shall not settle or compromise any claim or proceeding without the Commission's prior written consent, and the Commission reserves the right to retain its own legal counsel, at its expense." 11. The final sentence of Article XIII is, hereby, hereby, amended by adding the underlined language and deleting the language shown in strikethrough: "..The Commission shall not be liable for and the Applicant shall release, indemnify, defend, and hold the Commission harmless from and against any and all losses, costs, claims, eest, damages, liabilities. expenses, suits, and causes of action, including, buti not limited to. consequential, indirect. incidental, special, exemplary, and punitive damages, reasonable attorney's': fees, court costs. and other costs of litigation in any manner arising eut-of from, with respect to, or in connection with the Applicant's failure to comply with federal, state, and local regulations applicable to Applicant's use of the Commission's water services. Notwithstanding the foregoing, the Applicant shall not settle or compromise any claim or proceeding without the Commission's prior written consent, and the Commission reserves the right to retain its own legal counsel, at its expense." 12. Article XV is, hereby, hereby, amended by adding the underlined language and "This Agreement shall be construed in accordance with the Winston-Salem Water and Sewerage System Policy Resolutions, as adopted and periodically amended by the Winston-Salem City-Cede/Forsyth County Utility Commission, and in accordance with 13. The Agreement is further amended by adding the following Sections XVII, XVIII, XIX, deleting the language shown in strikethrough: the laws of the State ofNorth Carolina, XX,XXI, XXII, XXIII, XXIV, XXV, and! XXVI thereto: "XVII. Water Quality, The point of sale of the water provided herein shall be at the Metered Point. The Commission warrants that all water delivered to the Metered Point shall be potable, chlorinated, and in full compliance with all applicable federal, state, and local laws and regulations. The Commission makes no warranties about, and is not responsible for, any diminution in the quality of the water after it passes through the Metered Point and enters the Applicant's water system. The Applicant, hereby, agrees to release, indemnify, defend, and hold the Commission harmless from, and against, any and all losses, costs. claims. damages, liabilities, and expenses, including, but not limited to.reasonable attorneys' fees, which the Commission may incur, to the extent arisingout of,or connected with, any diminution in the quality of the water once it passes through XVIII. Pressure. The Commission warrants that all water shall be delivered to the Metered point with a minimum pressure of20 psi or such other minimum as prescribed by applicable law. The Commission makes no warranty about, and is not responsible for, the Metered Point and enters the Applicant's water system. 6 any reduction in the water's pressure once it passes through the Metered Point and enters the Applicant's water system. The Applicant, hereby, agrees to release. indemnify, defend. and hold the Commission harmless from, and against, any and all losses, costs. claims. damages. liabilities, and expenses. including, but not limited to, reasonable attorneys' fees, which the Commission may incur, to the extent arising out of, or connected with, any reduction in the pressure of the water once it passes through the XIX. Booster Pumps. In the event the Applicant installs booster pumps for the lines that the Applicant directly connects to the Metered Point, the Applicant shall submit plans and specifications for those pumps to the Commission for the Commission's review and approval. The Applicant shall not install those pumps without the Commission's prior written approval, which shall not be unreasonably withheld. Those pumps shall meet the Commission's standard specifications for booster pumps connected to the Commission's water system, and the Applicant. hereby, agrees to release, indemnify, defend, and hold the Commission harmless from and against any and all losses, costs, claims, damages. liabilities, and expenses, including, but not limited to, reasonable attorneys' fees, which the Commission may incur, to the extent arising out of. or connected with. said booster XX. Resale to Other Water Systems. The Applicant shall not furnish the Commission's water to other water systems or make interbasin transfers of such water, without the Commission's prior written consent, which consent shall not be unreasonably withheld. For the purpose oft this section. the term "other water systems" shall mean water systems owned and operated by another government body or by aprivate entity that resells water toi its own customers. The Applicant, hereby, agrees to release, indemnify. defend, and hold the Commission harmless from and against any and all losses, costs. claims, damages, liabilities, and expenses, including, but not limited to. reasonable attorneys' fees, which the Commission may incur. to the extent arising out of, or connected with, ther resale or other provision of water by the Applicant to another water system. XXI. Iran Divestment Act. The Parties certify that they are not on the North Carolina State Treasurer's list of persons engaging in business activities in Iran, prepared pursuant tol NCGS $147-86.58: nor shall the Parties utilize. on this Agreement, any contractor or Metered Point and enters the Applicant's water system, pumps. subcontractor on such list. XXII. Divestment From Companies Boycotting Israel. The Parties certify that they are not on the North Carolina State Treasurer's list of companies engaged in a boycott of Israel, in violation of NCGS 147-86.80 et. seq.. and that they shall not utilize on this XXIII. E-Verify, The Applicant shall comply with the requirements of Article 2of Chapter 64 of the North Carolina General Statutes. Furthermore. ifthe Applicant utilizes acontractor. the Applicant shall require the contractor to comply with the requirements of Agreement any contractor or subcontractor on said list. Article 2 of Chapter 64 oft the North Carolina General Statutes. 7 XIV. The Commission, hereby.reserves any and all defenses available to it at law ori in equity, including, but not limited to. the defenses of governmental immunity, contributory negligence. and employees acting outside the scope ofe employment. residuals therein, the Applicant shall be solely responsible to flush its water system, in order to maintain chlorine residuals therein, and to pay to the Commission the cost oft the XXV. If the Applicant's water system must be flushed to maintain chlorine water required to flush said system. XVII. To the extent any portion of this Agreement is authorized by Article 20, Part) Iof Chapter 160A of the North Carolina General Statutes, the following provisions shall apply: (a) Noj joint agency is established by virtue ofthis Agreement. (b) The Applicant and the CityofWinston-salem. on behalf ofthe Commission. shall be responsible to appoint or employ the personnel necessary to implement their respective obligations, as indicated herein. (c) The financing of the undertaking which is the subject of this Agreement, and the apportionment of costs and revenues, shall be as indicated herein. (d) To the extent any real property is involved in the undertaking which is the subject of this Agreement. said real property shall be held by the party indicated herein (the City of Winston-Salem shall hold title on behalf of the Commission with respect to any real property with respect to which the Commission is obligated 14. Capitalized terms used but not otherwise defined in this Amendment shall have 15. Except as expressly modified or amended by this Amendment, all terms and provisions of the Agreement shall remain in full force and effect, In the case ofa conflict ini meaning between the Agreement and this Amendment, this Amendment shall prevail. 16. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which combined shall constitute one and the same instrument. Facsimile and/or electronic copies of the parties' signatures shall be valid herein)." the meanings assigned to them ini the Agreement. and treated the same as original signatures. [SIGNATURES APPEAR ON THEI FOLLOWING PAGE.] 8 IN WITNESS WHEREOF, the parties have entered into this Amendment, to be effective as oft the Effective Date. COMMISSION: APPLICANT: TOWN OF STOKESDALE WINSTON-SALEM/FORSYTH COUNTY UTILITY COMMISSION By: Name: Lee Garrity Title: City Manager ATTEST: By: Name: Kelly Latham Title: Acting City Clerk (SEAL) By: Name: Title: ATTEST: By: Name: Robbie Lee Wagoner, II Title: Town Clerk (SEAL) This the Approved as to form and legality. day of 2023 This day of 2023. Approved as to form and legality. By Angela Carmon, City Attorney Charles Winfree, Stokesdale Town Attorney This instrument has been pre-audited in the manner required by thel Local Government and Fiscal Control Act. This This instrument has been pre-audited in the manner: required by the Local Government and day of 2023. Fiscal Control. Act. This 2023. By Kelly Latham, Chief Financial Officer day of By Kimberly Thacker Finance /Budget Officer The Town of Stokesdale 9 10 AGENDA ITEM: 13 AGREEMENT FOR PROFESSIONAL SERVICES Between Town of Stokesdale And Hazen and Sawyer FOR Water Line Extension to Add System Redundancy 31410-008- Hazen Standard Agreement 2023-09-11 Town of Stokesdale- Water Line Extension to Add System Redundancy Table of Contents Art.1 THE AGREEMENT DOCUMENTS. Art.2. SCOPE OF SERVICES AND DIVISION OF RESPONSIBILITIES. Art.3. NOTICE TO COMMENCE WORKA AND DURATION OF AGREEMENT, Art.4. PAYMENT AND BILLING Art.5. DATAAND INFORMATION, Art.6. SUBCONTRACTING Art.7. CONFLICTS OF INTEREST Art.8 8. SUSPENSION OF SERVICES. Art.9. TERMINATION. Art. 10. CHANGES IN THE SERVICES. Art. 11. NOTICES. Art.1 12. CLAIMS. AND DISPUTES. Art. 13. INSURANCE. Art. 14. INDEMNIFICATION Art. 15. PERFORMANCE STANDARDS. Art. 16. RECORDS. 3 10 10 11 11 11 11 11 12 12 13 13 13 14 Art. 17. AUDIT RIGHT AND RETENTION OF RECORDS. Art. 18. LIMITATION OF LIABILITY Art. 19. SUCCESSORS AND ASSIGNEES Art.20. MUTUAL WAIVER OF BREACHAND MATERIALITY. Art.21. PERMITS, LICENSES, NOTICES AND COMPLIANCE WITH LAWS.. Art. .22. SEVERANCE. Art. .23. JOINT PREPARATION. Art. .24. PRIORITY OF PROVISIONS, Art. .25. PROJECT SPECIFIC TERMS. Art. 26. COUNTERPARTS. Art.27. APPROVAL. 31410-008- Hazen Standard Agreement 2023-09-11 Town of Stokesdale- - Water Line Extension toAdd System Redundancy Pagei OWNER: [Town of Stokesdale] Redundancy PROJECT: [Water Line Extension to Add System AGREEMENT BETWEEN TOWN OF STOKESDALE AND HAZEN AND SAWYER FOR PROFESSIONAL SERVICES This Agreement, dated the between day of 2023 is made and entered into Town of Stokesdale (Owner, hereinafter OWNER") 8325 Angel-Pardue Road Stokesdale, NC 27357 and Hazen and Sawyer (hereinafter "ENGINEER") 620 Green Valley Road, Suite 101 Greensboro, NC: 27408. WHEREAS, OWNER's Project, of which ENGINEER's services under this Agreement are a part, Preliminary engineering, design, permitting, and bidding of a new 8-inch water line and appurtenances along Coldwater Road and NC Highway 651 to provide redundancy for the Town's isg generally identified as follows: water supply. (hereinafter PROJECT'); and WHEREAS, OWNER requests ENGINEER's services in connection with the PROJECT; NOW THEREFORE, in consideration of the mutual promises herein contained, OWNER and ENGINEER agree as follows: Art. 1 THE AGREEMENT DOCUMENTS 1.1 Included Documents. The Agreement consists of: (1) this Agreement, including Schedule A, Scope of Services, and Schedule B, Compensation, attached hereto. 1.2 Entire Agreement. The Agreement represents the entire andi integrated agreement between the parties hereto and supersedes prior negotiations, representations or 1.3 Modification. Unless otherwise provided for herein, no amendments, changes, alterations, or modifications of this Agreement shall be effective unless in writing agreements, either written or oral. and executed by OWNER and ENGINEER. 31410-008- Hazen Standard Agreement 2023-09-11 Town of Stokesdale Water Line Extension to Add System Redundancy Page 1 Art. 2. SCOPE OF SERVICES AND DIVISION OF RESPONSIBILITIES 2.1 OWNER Responsibilties. In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER must designate its representative to fulfill the following responsibilities, ati its expense, which ENGINEER shall rely upon: a) Provide ENGINEER with all criteria and full information as to OWNER's requirements for the PROJECT, including design objectives and constraints, flexibility, expandability, capacity and performance requirements, budgetary limitations, operating and testing data, as-built drawings, and previous reports if any. Provide ENGINEER with copies of all design and construction standards that OWNER will require to be included in the Drawings and Specifications, and provide copies of OWNER's standard forms, conditions, andi related documents for ENGINEER to include ini thel bid documents, when b) Provide to ENGINEER any other available information pertinent to the PROJECT including reports and data relative to previous designs, or C) Following ENGINEER's assessment ofi initially-available PROJECT data and upon. ENGINEER's request, provide or make available such additional PROJECT related information and data as is reasonably required to enable ENGINEER to complete its services. Such additional information or data applicable. investigation at or adjacent to the Site. includes the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 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 5. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to 6. Data or consultations as required for the PROJECT but not otherwise d) Provide prompt written notice tol ENGINEER whenever OWNER observes or otherwise becomes aware of the presence at the Site of any environmental concern, or of any other development that affects the scope or time of performance of ENGINEER services, or any defect or nonconformance in ENGINEER services, the Work, or in the performance of any contractor. appropriate professional interpretation thereof. the PROJECT, the Site, and adjacent areas. identified in the Agreement or the Exhibits thereto. 31410-008- Hazen StandardA Agreement 2023-09-11 Town ofs Stokesdale Waterl Line Extension toA Add System Redundancy Page 2 e) Arrange safe access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services f) 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 oft the PROJECT. NOTICE TO COMMENCE WORK. AND DURATION OF under the Agreement. Art. 3. AGREEMENT 3.1 Commencement. ENGINEER is authorized to begin rendering services as of the effective date and issuance of Notice-to-Proceed and will terminate either: (1)upont the satisfactory completion of ENGINEER's scope of services set forth in Schedule A; (2) on the date specified in Schedule B, if such date is specified, as applicable; or (3) as otherwise terminated under this Agreement. 3.2 Time for Completion. ENGINEER shall complete its obligations within a reasonable time as shown in attached Schedules A and/or 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 services, and the rates and amounts of ENGINEER's compensation, shall be adjusted equitably. If OWNER authorizes changes in the scope, extent, or character of the PROJECT, thent thet time for completion of ENGINEER's services, and the rates and amounts of ENGINEER' compensation, shall be adjusted equitably. OWNER shall make decisions and carry out its other responsibilities in atimely manner sO as not to delay ENGINEER's performance ofi its services. Art. 4. PAYMENT AND BILLING 4.1 Payment Amount(s). As compensation for the services to be performed by ENGINEER, OWNER shall pay ENGINEER the amount(s) set forth in Schedule B, attached hereto. The method of compensation shall be set forth in Schedule B. OWNER agrees only to be liable for payment to ENGINEER for ENGINEER's proper performance of services, as provided for in Schedule B. 4.2 Invoicing and Documentation. ENGINEER shall keep accurate back-up documentation of the time expended in executing its scope of work. Payment for services performed by ENGINEER shall be based upon ENGINEER's satisfactory completion of services as properly invoiced and documented by ENGINEER. ENGINEER's invoices and documentation shall be subject to verification by OWNER prior top payment. Invoices submitted by ENGINEER, at an minimum, shall: a) accurately describe the services rendered during the invoice period; b) identify any other authorized expenses incurred hereunder; and c) make reference tot this Agreement, and otherwise identify the invoice in such manner as OWNER may reasonably require. 31410-008- Hazen Standard Agreement 2023-09-11 Town of Stokesdale. Water Line Extension toA Add System Redundancy Page 3 All invoices and billing documentation shall be sent to OWNER at the following address: Town of Stokesdale PO Box 465 Stokesdale, NC2 27357 Attention: Robbie Lee Wagoner II, Town Clerk 4.3 Failure to Pay. If OWNER fails to make any payment due to ENGINEER for services and expenses within 30 days after receipt of ENGINEER's invoice, then: a) amounts due to ENGINEER will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from the thirtieth b) ENGINEER may, after giving seven days written notice to OWNER, suspend services under this Agreement until OWNER has paid int full all amounts due for services, expenses, and other related charges. OWNER waives any and day; and all claims against ENGINEER for any such suspension. 4.4 Disputed Invoices. IfOWNER contests an invoice, OWNER shall promptly advise ENGINEER of the specific basis for doing so, may withhold only that portion sO 4.5 Legislative Actions. If after the Effective Date any governmental entity takes a legislative action that imposes taxes, fees, or charges on ENGINEER's services or compensation under this Agreement, then ENGINEER may invoice such new taxes, fees, or charges as a reimbursable expense. OWNER shall reimburse ENGINEER for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which ENGINEER is 4.6 Opinions of Probable Construction Cost. 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, ors services furnished by others, or over contractors' methods of determining prices, oro 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 costs prepared by ENGINEER. If OWNER requires greater assurance ast to probable construction cost, OWNERmust employ 4.7 Opinions ofTotal Project Costs. The services, ffany, 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 of any opinions of total project costs. contested, and must payt the undisputed portion. entitled under the terms of Schedule B. an independent cost estimator. 31410-008- Hazen Standard/ Agreement 2023-09-11 Town of Stokesdale- - Waterl Line Extenslont toA Add System Redundancy Page 4 Art. 5. DATAAND INFORMATION 5.1 All documents are instruments of services in respect to this PROJECT and ENGINEER shall retain an ownership and property interest therein (including the copyright and the right ofr reuse at the discretion of ENGINEER) whether or not the PROJECT is completed. OWNER shall be permitted to use or reuse documents 5.2 OWNER may make and retain copies of documents for information and reference inconnection with use on the PROJECT by OWNER. ENGINEER grants OWNER al limited license to use the documents on the PROJECT, extensions of the PROJECT, andi for related uses of the OWNER, subject to receipt by ENGINEER offullp 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 toi 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 of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by ENGINEER; and (4) such limited license 5.3 IFENGINEER 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 ENGINEER at rates or in an amount to as described in subsequent, Article 5.2. to OWNER shall not create any rights in third parties. be agreed upon by OWNER and ENGINEER. SUBCONTRACTING Art. 6. Performance of this Agreement shall not be subcontracted in whole or in part without the consent of OWNER which shall not be unreasonably withheld. If OWNER consents to such subcontract, ENGINEER shall remain bound by the terms of this Agreement until the satisfactory completion of all work hereunder or the termination or expiration hereof, whichever shall first occur. ENGINEER may employ consultants as ENGINEER deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by OWNER. CONFLICTS OF INTEREST Art. 7. 7.1 Neither ENGINEER nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with ENGINEER's loyal and conscientious exercise ofjudgment related to its performance under this Agreement. 31410-008- Hazen StandardA Agreement 2023-09-11 Town of Stokesdale- - Water Line Extensioni toAdds System Redundancy Page 5 7.2 ENGINEER agrees that none ofi its officers or employees shall, during the duration of this Agreement, serve as an expert witness against OWNER in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process, nor shall such persons give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial tot thei interests of OWNER for the work performed under this Agreement or in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding. 7.3 IfENGINEER is permitted to use subcontractors to perform any services required by this Agreement, ENGINEER agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this Article 7. Art. 8. SUSPENSION OF SERVICES 8.1 By OWNER. OWNER may: suspend, delay, or interrupt the PROJECT for up to 60 days upon 7 days written notice to ENGINEER. The written notice must be in advance of the effective time and date of suspension and willi fixt the date on which performance of such services will be resumed. ENGINEER shall be entitled to an adjustment in compensation, an extension of time, or both, directly attributable to any such suspension, to the extent that such suspension was not due to any fault 8.2 By ENGINEER. ENGINEER may suspend, delay, or interrupt its services, or any portion thereof, for a period of 60 days upon 7 days written notice to OWNER for of ENGINEER. nonpayment. TERMINATION Art. 9. 9.1 Termination for Cause by Either Party. Either party may terminate this Agreement at any time for cause by giving the other party seven days written notice if the other party fails to perform its obligations under this Agreement and fails to cure 9.2 Termination for Cause by ENGINEER. Upon seven days written notice if OWNER demands that ENGINEER furnish or perform services contrary to ENGINEER responsibilities as a licensed professional; or upon seven days written notice if ENGINEER's services for the PROJECT are delayed or suspended for more than 60 days for reasons beyond ENGINEER's control, and ENGINEER has given OWNER 30 days notice and opportunity to cure said cause for delay, ENGINEER may terminate this Agreement. ENGINEER shall have no liability to OWNER on 9.3 Termination for Convenience. OWNER may terminate this Agreement at any time with or without cause upon at least fourteen days written notice to ENGINEER. In the event of such a termination for convenience, ENGINEER will be paid for that portion of the work: satisfactorily completed prior to termination. 9.4 Payments Upon Termination. In the event of any termination, ENGINEER will be entitled to invoice OWNER and to receive full payment for all services performed within such seven day period. account of such termination. 31410-008- Hazen Standard Agreement 2023-09-11 Town of Stokesdale - Water Line Extension to Add System Redundancy Page 6 or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. In the event of termination by OWNER for convenience or by ENGINEER for cause, ENGINEER shall be entitled, in addition 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 subcontractors or consultants, and other related close-out costs. Art. 10. CHANGES IN THE SERVICES 10.1 Written Change Order. OWNER may, by written order to ENGINEER, request additional services, issue revisions or direct the omission of services within the general scope of this Agreement. Any additional services shall be performed upon execution of an applicable change order regarding compensation and extensions oft time. No changes will be made absent specific written direction and agreement 10.2 Equitable Adjustment. If such changes cause an increase or decrease in ENGINEER's cost of, ort time required for, performance of any services under this Agreement, an equitable adjustment may be made in price and/or time of performance, provided that any claim for an adjustment must be made in strict accordance with the terms of this Agreement. ENGINEER shall submit such claim for payment. inw writing within 30 days of receipt of said written order. Art. 11. NOTICES All notices or orders provided for in this Agreement shall be in writing, addressed to the appropriate party at the address which appears below (or as modified in writing by such party) and given personally, by United States mail (return receipt requested), or by a courier service. All notices shall be effective upon the date of receipt. OWNER if mailed by certified or registered mail, postage prepaid to: Town of Stokesdale 8325 Angel-Pardue Road Stokesdale, NC: 27357 Attention: Robbie Lee Wagoner I, Town Clerk or ENGINEER if mailed by certified or registered mail, postage prepaid to: Hazen & Sawyer Attention: Aaron Babson, PE 620 Green Valley Road, Suite 101 Greensboro, NC 27408. 31410-008- Hazen Standard, Agreement 2023-09-11 Town of Stokesdale- Water Line Extensioni toA Add System. Redundancy Page 7 Art. 12. CLAIMS AND DISPUTES 12.1 Applicable Law. This Agreement shall bei interpreted and construed in accordance 12.2 Dispute Resolution Procedure. OWNER and ENGINEER agree that any such claims or disputes and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction oft the courts oft the state 12.3 Neither OWNER nor ENGINEER shall be liable to the other for any special, incidental, indirect or consequential damages whatsoever arising out of or relating with the laws oft the state where the PROJECT is located. inv which the PROJECT is located. ina any way to this Agreement. Art. 13. INSURANCE 13.1 ENGINEER Coverage. ENGINEER shall procure and maintain insurance as set forth below. ENGINEER shall cause OWNER to be listed as an additional insured on any applicable general liability insurance policy carried by ENGINEER. 13.2. Minimum Coverage of ENGINEER. ENGINEER shall maintain at a minimum the following insurance policies and coverage with carriers authorized to cover risks and licensed to underwrite policies and have an A.M. Best's rating of A-VII or (a) Worker's Compensation & Disability Insurance as required by all applicable (b) Employer's Liability with limits of $500,000 each accident, $500,000 Disease (each employee) and $500,000 Disease (policy limit). (c) Comprehensive General Liability with minimum limits of $1,000,000 per (d) Professional Liability with limits ofr not less than $1,000,000, per claim and $1,000,000 in the aggregate, insuring the professional liability of (e) Business Auto Insurance for all owned, hired, non-owned and Employers' non-ownership vehicles with minimum limits of $1,000,000 combined higher: state and federal laws. occurrence and $1,000,000 in the aggregate. ENGINEER. single limit. (f) Other Insurance Coverage Requirements.None. 13.3 Certificates of Insurance. ENGINEER shall deliver to OWNER certificates of insurance evidencing the coverages indicated in Sections 13.1 and 13.2 above. Such certificates shall be furnished prior to commencement of ENGINEER's services and at renewals thereafter during the life of the Agreement. 13.4 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. 31410-008- Hazen Standard, Agreement 2023-09-11 Town of Stokesdale- Water Line Extension toA Add System Redundancy Page 8 13.5 Cancellation. Renewal or Modification. Should coverage afforded under any policy be canceled, non-renewed, materially changed (materially changed defined as a reduction in the policy limit by endorsement during the policy period), or allowed to expire, ENGINEER shall provide OWNER with atl least 30 days prior written notice 13.6 Failure to Maintain Insurance. In the event ENGINEER fails to maintain any oft the insurance required under this Agreement, it shall constitute a material breach of or, int the event of non-payment, ten days prior written notice. this Agreement. Art. 14. NDEMNIFICATION 14.1 Indemnification by ENGINEER. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, and its officers and employees from and against claims, damages, losses and expenses of any nature or kindi including, but not limited to, reasonable attorneys' fees, arising out of, resulting from or relating in any) way to negligence, recklessness, intentionally wrongful conduct or breach of contract of ENGINEER, its subcontractors, anyone directly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article 14. 14.2 Indemnification by OWNER. OWNER shall indemnify and hold harmless ENGINEER and its shareholders, directors, officers, agents and employees from and against claims, damages, losses ande expenses of any nature or kindi including, but not limited to, attorneys' fees, arising out of, resulting from or relating in any way to negligence, recklessness, intentionally wrongful conduct or breach of contract of OWNER, its subcontractors, anyone directly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations ofi indemnity which would otherwise exist as to a party or person described in this Article 14. 14.3 Environmental Indemnification. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, and its shareholders, directors, officers, agents and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of ENGINEER, 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 environmental concern 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 the injury or to 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 of that individual's or entity's own negligence or willful misconduct. 14.4 Mutual Waiver. To the fullest extent permitted by law, OWNER and ENGINEER waive against each other, and the other's shareholders, directors, officers, agents and employees, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to 14.5 This Article 14, Indemnification, shall survive the termination of this Agreement. the PROJECT. 31410-008- Hazen SlandardAgreement 2023-09-11 Town of Stokesdale Waterl Line Extensioni toAdd System Redundancy Page 9 14.6 Both parties acknowledge and agree that the foregoing obligations are specific considerations for this Agreement and without such duties and obligations neither party would enter this Agreement. Art. 15. PERFORMANCE STANDARDS 15.1 Standard of Care. ENGINEER shall perform all professional services with the care and skill ordinarily exercised by members of the same profession currently practicing in the United States, on projects of similar size and complexity at the time the services are performed. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's 15.2 Reliance on Others. Subject to the standard of care set forth in Article 15, 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, and the publishers of technical 15.3 ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in ENGINEER having to certify, guarantee, or warrant the existence of conditions whose existence ENGINEER cannot ascertain. OWNER agrees not tor make resolution of any dispute with ENGINEER or payment of any amount due to ENGINEER in any way contingent upon ENGINEER signing 15.4 During construction, ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and 15.5 During construction, 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 surety bonding 15.6 During construction, ENGINEER shall not be responsible for the acts or omissions ofany contractor, subcontractor, or supplier, or of any oft their agents or employees or of any other person (except ENGINEER; 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 clarification oft the contract documents, other than those made by services. standards. any such documents. perform the work in accordance with the contract documents. requirements. ENGINEER. Art. 16. RECORDS 16.1 If the services to be performed hereunder relate to a state or federal government contract, the Comptroller General of the United States and the department or agency of the government having cognizance over this Agreement, and any of their duly authorized representatives, shall have access to and the right to examine any directly pertinent books, documents, papers and records of OWNER or ENGINEER involving transactions related to this Agreement. 31410-008- Hazen Standard Agreement 2023-09-11 Town of Stokesdale- Water Line Extensioni toAdd System Redundancy Page 10 16.2 ENGINEER shall grant access to such records until the expiration of three years after final payment under this Agreement. Art. 17. AUDIT RIGHT AND RETENTION OF RECORDS 17.1 OWNER shall have the right to audit the books and records of ENGINEER. ENGINEER shall keep such records and accounts as may be necessary in order torecord complete and correct entries related to the PROJECT. 17.2 ENGINEER shall preserve and make available, at reasonable times for examination and audit by OWNER all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement until the expiration of three years after final payment under this Agreement. Art. 18. LIMITATION OF LIABILITY To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, members, partners, agents, employees, and Consultants, to OWNER and anyone claiming by, through, or under OWNER for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related tot the PROJECT or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied of ENGINEER or ENGINEER's officers, directors, members, partners, agents, employees, or Consultants shall not exceed the policy limits as identified in Article 13. Art. 19. SUCCESSORS AND ASSIGNEES This Agreement is to be binding on the heirs, successors and assignees of OWNER and ENGINEER, but is not to be assigned by either OWNER or ENGINEER, without first obtaining the written consent oft the other. Art. 20. MUTUAL WAIVER OF BREACH AND MATERIALITY Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. OWNER and ENGINEER agree that each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material Art. 21. PERMITS, LICENSES, NOTICES AND COMPLIANCE term hereof. WITH LAWS 21.1 ENGINEER shall comply with federal, state and local tax laws, social security acts, unemployment compensation acts and worker's compensation acts insofar as applicable to the performance of services under this Agreement. 31410-008- Hazen Standard/ Agreement 2023-09-11 Town of Stokesdale- Water Line Extension toA Add System Redundancy Page 11 21.2 ENGINEER shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by OWNER, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable 21.3 ENGINEER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or 21.4 ENGINEER shall comply with Titleloft the Americans with Disabilities/ Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, ENGINEER shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions ofe employment, training (including apprenticeship), and accessibility. 21.5 ENGINEER shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including regulations, guidelines, and standards. appropriately used as a basis for service delivery. apprenticeship), and accessibility. Art. 22. SEVERANCE Ini the event this Agreement or aj portion oft this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless OWNER elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven days after the finding by the court becomes final. Art.2 23. JOINT PREPARATION Preparation oft this Agreement has been aj joint effort of OWNER and ENGINEER and the resulting document shall not, solely as a matter ofj judicial construction, be construed more severely against one of the parties than any other. 31410-008- Hazen Standard, Agreement 2023-09-11 Town of Stokesdale- - Water Line Extension toA Add System Redundancy Page 12 Art. 24. PRIORITY OF PROVISIONS Ift there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document ore events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision oft this Agreement, thet term, statement, requirement, or provision contained in the Articles of this Agreement shall prevail and be given effect. Art. 25. PROJECT SPECIFIC TERMS The following additional PROJECT specific terms and conditions are: None. Art. 26. COUNTERPARIS This Agreement may be executed in counterparts, each of which shall be deemed to be an original. 31410-008- Hazen Standard, Agreement 2023-09-11 Town ofs Stokesdale- - Water Line Extension toAdd System Redundancy Page 13 Art. 27. APPROVAL IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers and is made effective the day and year first above written. TOWN OF STOKESDALE HAZEN AND SAWYER By: A2 Aaron Babson, PE Associate Vice President By: 09-12-23 Date Mike Crawford Mayor, Town of Stokesdale Date Witnessed By: 092113 Date Name: Date ahy Name: 31410-008- Hazen Standard Agreement_ 2023-09-11 Town of Stokesdale- Water Line Extension toA Add System Redundancy Page 14 SCHEDULE A SCOPE OF SERVICES Town of Stokesdale Water Line Extension to Add System Redundancy The scope of work to be provided by ENGINEER includes professional services fort the elements listed below. See attached Scope of Services, hereby incorporated into this Agreement. TIME OF COMPLETION ENGINEER will perform the Scope of Services in the most expeditious manner possible completing this section contractually by November 2024. However, ENGINEER understands grant funding for the project is dependent on bidding and award of a construction contract by July 2024 and will expedite our process as much as possible tor meet this deadline. 31410-008- Hazen StandardAgreement. 2023-09-11 Town of Stokesdale- - Waterl Line Extension toA Add: System Redundancy A-1 ScheduleA Hazen and Sawyer Greensboro, NC 27408-336.4783378 Hazen 620 Green) Valley Rd, Suite 101 September 11,2023 Town of Stokesdale Stokesdale Town Council 8325 Angel Pardue Road Stokesdale, NC: 27357 (336)643-4011 OKedAle@sOkedAcOTg Re: Scope and Feel Proposal for the Water Line Extension to Add System Redundancy Alternative 1A - Coldwater Rd w/6-inch Dear Stokesdale Town Council: The Town of Stokesdale owns and operates a water distribution system serving nearly 1,500 people under Public Water System ID 02-41-035 and 730 metered connections. The water system was primarily built in 2003 and expanded as required, mostly by developers to serve Town growth. The Town currently purchases water from the Winston-Salem/Forsytn County Utilities Commission through a single connection on US Hazen and Sawyer was asked in December 2022 to complete an alternatives analysis of two options to reinforce the single water main supplying the Town. Each alternative is described below: Hwy 158 without system redundancy. Alternative 1A - Coldwater Loop: An 8-inch pipe starting from the 6-inch installed to Coldwater neighborhood down Coldwater Road and extending east along Hwy 65 and connects back to the Alternative IB - Coldwater Loop: An 8-inch pipe starting from Hwy 158, replacing the 6-inch installed to Coldwater neighborhood down Coldwater Road and extending east along Hwy 65 and Alternative 2-1 Happy Hilll Loop: An 8-inch pipe beginning at the end oft the: section to be installed by others on Happy Hill Road to Warner Road, continuing east on Warner Road to Haw River Road where the pipe would increase to 12-inch along Haw River Road and continuing to tie-in to existing distribution system at Oak Level Church Road. connects back to the existing distribution system at Oak Level Church Road. the existing 12-inch pipe at the Kings Crossing shopping center entrance. The two alternatives were evaluated for the following criteria while simulating current demands: Hydraulic performance by calculating the available fire flow increase Water quality impacts by predicting average water age Improvements to resiliency and redundancy. Hazen and Sawyer (Hazen) appreciates the opportunity to submit the enclosed proposal to provide Engineering Design Services for this project. The scope of services included herein are for preliminary engineering, detailed design, and bid phase services for Alternative 1A - Coldwater Loop. hazenandsawyer.com Hazen Hazen is proposing a strong project team, including Stewart for surveying activities and S&ME for geotechnical services. These firms have been selected based on their ability to meet the project needs. Task 1.1 - Alternative Selection - We will work with the Town of Stokesdale to review, provide additional information recommend as selection ofa single alternative forthis project and present our findingsatal Town Council Meeting for approval. Hazen has preemptively completed the majority of this study and our findings are summarized below and presented at the Town Council Meeting on July 13th, 2023. Alternative Selection Summary: The Town of Stokesdale, NC has procured grant funding to install a redundant supply to the Town's water system. Both alternatives will provide redundancy for the current max day demand (MDD) of the water system therefore this decision should be based on additional factors including available funding VS. project costs and impacts to the performance of the water system. Table 1 below provides al briefsummary ofthe alternatives analyzed in thes system and thei maximum flows into the system on a max day demand condition at a given pressure at thel PRV: and tank level. Task 1- Alternatives Analysis Flows at Point of Delivery for Alternatives Conditions: Max Day Demand: 107 gpm PRV Setting: 146 psi - Control Valve in place Tank Level: 75% Full Alternative Description Current Conditions Alternative 1 Options Flow (gpm) 187 286 143 299 163 299 160 Current Conditions with Alternative 1A using the 6-in WL on Coldwater Alternative 1A, 6-inch in Coldwater, w/o Hwy 158 WL Current Conditions with Alternative 1B replacing the 6-in with an 8-in Alternative IB, replacing 6-in with 8-in, w/o Hwy 158 WL Alternative: 2 Options Current Conditions with Alternative 2 Alternative 2, w/o Hwy 158 WL With very little hydraulic performance advantages between the two scenarios, the eventual decision should be based on the available funding, cost of project and benefit to the community. Alternative 1 has less pipe and is anticipated to be easier construction due to less expected rock, fewer easements required, and the lack ofas stream crossing. An estimated opinion of probably cost can be found below for both scenarios. Town of Stokesdale Scope and Fee Proposal Water Line Extension for System Redundancy Page 2of11 Hazen Alternative: 2: Itis assumed thes section previously planned to be installed by a developer will not bei inj place priort to this project proceeding. Therefore, the costs shown below are an opinion of probably cost to runa water line from Hwy 1581 to the Haw River Road connection. Alternative: 2 - Happy Hill Rd Projected Cost Estimated Construction Costs 15,450ft-8 8" Water Line @ $200/LF 3,7501 ft - 12" Water Line @ $300/LF 5001 ft - Bore and. Jack @ $1,500/LF $3,090,000 $1,125,000 $750,000 $258,512 $176,840 $39,200 $329,000 $5,769,000 Engineering Costs Design Survey Geotechnical Construction Administration (Estimate) Estimated Total(Rounded) Hazen and Sawyer recommends Alternative 1A, leaving the existing 6-inchi inj place, ist the most economical project for the system, considering the available funding. The options herein will be presented to Town Council on. July 13th for consideration and the appropriate scope ofservices willl be considered for approval. Please feel free to contact us at any time ify you have any questions or would like to meet to discuss the items enclosed. Thank you again for the opportunity and we look forward to continuing to work with the Town of Stokesdale. Best Regards, ArRe Aaron D. Babson, PE Associate Vice President cc: H. Thomas Tant, PE Town of Stokesdale Scope and Fee Proposal Water Line Extension for Sys stem Redundancy Page 4of11 Hazen and Sawyer Greensboro, NC 27408-336.4783378 Hazen 620 Green) Valley Rd, Suite 101 SCOPE OF SERVICES (As revised on September 11, 2023) The followings scope of services has been modified afterreview oft the contract with Mr. Winfree, Town Alternative 1A Coldwater Rd with existing 6-inch (Appears to be 8-inch after further review of asbuilts) Alternative 1A - Coldwater Loop: This scope of work includes an 8-inch pipes starting from the existing 8- inch 6-ineh-installed to Coldwater neighborhood down Coldwater Road and extending east along Hwy 65 and connects back tot the existing distribution: system at Oak Level Church Road. This section isr represented Attorney. Estimated Total Cost: $3,627,000 ast the green section in the figure below. The following project tasks have beeni included in the project scope of work: Task I - Alternatives Analysis Task 2 - Preliminary Engineering Task:3 - Detailed Design Task 4 - Permitting Task: 5 - Easement Acquisition Assistance Task 6 - Bid Phase Services Task 7 - Project Management and Project Meetings Task 8-1 Funding Collaboration and Support hazenandsawyer.com Hazen Task 1-A Alternatives Analysis (reference information in attached section) Task lincludes the preliminary work to select an alignment, presented to Town Council on July 13, 2023. Alternative 1A was selected. Task 2- Preliminary Engineering Route Investigation - Hazen will immediately begin field investigations and data collection activities. The general route of the water line has been defined and therefore a complete routing study is not included in this scope, however, in-personi investigations ofthe proposed corridor willl be completed by thej project team toi identify specific project challenges, necessary route adjustments, utility coordination needs, and collect other pertinent information for detailed design. Survey, geotechnical, and environmental investigations will also occur during the Preliminary Engineering phase to further assist with detailed design efforts. Specific Surveying - Stewart, our MWBE partner, will provide the survey and topographical mapping oft the project corridor. Stewart willj perform ground surveying services to establish vertical control. Groundsurvey efforts willi include collection ofi field data for topographical mapping including, but not limited to the location of above and below ground utilities, mailboxes, poles/guy wires, structures, property boundaries, and other pertinent items in the project corridor. Stewart will self-perform thel Level B: subsurface utility engineering (SUE) investigations to further assist with surveying efforts, aj process superior to 811 locates, minimizing unknowns during construction. Level A SUE efforts are not included in this scope of work and are not Geotechnical Investigations - S&ME will complete geotechnical investigations along the pipeline corridor tod determine trenching/backfill requirements and other critical information to be considered during detailed field data collection activities include: anticipated on this project. design. Geotechnical investigations will specifically include the following: Review of readily available geologic information relative to the project corridor. Perform 16 geotechnical borings along the proposed alignment using a hollow-stem auger. Standard Penetration Test (SPT)willl be performed at a nominal interval of5 feet. Boring locations will be spaced generally at 1,000 LF along the alignment, with higher frequencies strategically located ati roadway and creek crossings. Boring depths at the roadway will generally be 15-ft deep and stream crossings will generally be 30-ft deep. Prepare a geotechnical exploration report to include the following: Describe the existing site conditions. Describe subsurface conditions encountered in thel boring locations. Discuss subsurface water control, ifr necessary. Discuss excavation and shoring considerations. Provide fill placement recommendations including compaction requirements. Discuss suitability of excavated soils for pipeline backfill. Provide lateral earth pressure information. Jack-and-bore construction considerations. Environmental Delineation and Impact Analysis - Once the route is confirmed, Hazen will complete a desktop and field environmental analysis; wetland and environmental impacts will bei identified, evaluated, and delineated as aj part of the preliminary engineering efforts. All limits of wetlands delineated during this phase will be surveyed and included within the design drawings. Additional environmental considerations Town of Stokesdale Scope and Feel Proposal Water Line Extension for Sys stem Redundancy Page6ornl Hazen (areas of potential soil contamination, septic fields, private drinking wells, etc.)i identified during this phase Basis of Design - The design team will create a set of concept drawings to the 30% completion level for the entire alignment as well as al brief technical design memorandum with a summary of design standards, engineering decisions, and a statement of assumptions for review and approval. The BODR will include information on the team's routing analysis, trenchless installation (if applicable), pipe material consideration (intended to be PVC C900 per Town Specifications), proposed project phasing, environmental impact investigations, geotechnical investigations, and other pertinent information collected during the preliminary engineering phase. An early Class 4 opinion of probable construction cost (OPCC) The 30% Drawings shall be defined as the certifieds survey results, horizontal location ofthe proposed route, A draft memo will be submitted for review and comment. Hazen will meet with the Town to discuss the draft report and will incorporate any comments the Town may have prior to finalizing the memo. Once completed, this report will serve as the design guide for the completion oft the project for the design team. Hazen will prepare detailed design drawings and technical specifications at the 90%, and 100% completion phases. An updated OPCC will also be provided with more definitive estimates as the design is refined at these milestones. A set of design drawings and technical specifications will be submitted to the Town for review at the 90% and 100% completion phase. Comments from the Town will be incorporated into the Design Drawings: Design drawings will build off preliminary engineering phase efforts and include pertinent information required for bidding and construction of the new pipeline. Drawings will be developed. Specific information included in each phase ofc design drawings will include, but not be limited will be included in the design drawings and considered during detailed design. will be included as aj part oft the technical memo. and profiles with the existing grade noted. Task 3- Detailed Design subsequent design phase until the design documents are ready tol be issued for bid. to, the following: Plan and profile oft the pipeline Pressure class and restraint requirements Isolation and air/vacuum valve placement Trenchless crossing details Traffic control Erosion Control Standard details Paving and site restoration requirements as required All design drawings will be produced on a full size 22" x 34" ANSI D paper. The permit copies and the final "Issued for Bid" set will be signed and sealed. The current number of drawings estimated fort the final construction phase is as follows: Cover and General Notes: 4 Plan and Profile Drawings: 16 Specific Project Details: 3 Standard Details: 6 Traffic Control: 4 Town of Stokesdale Scope and Feel Proposal Water Line Extension for Sys stem Redundancy Page 7of11 Hazen Specifications: Front-end andt technical specifications willl bej prepared tor meet thej project requirements and willl bei issued in aj project manual for review and bidding purposes. The project manual will use the most current version of front-end documents and will utilize the Town's technical specifications. Supplemental specifications with Hazen's standards will be included where needed. Task 4- Permitting Applicable permits will be submitted following approval of the 90% design drawings and specifications. Specific permits anticipated for this project include: Review/NC Public Water Supply USACE 401/NCDEQ 404, ifr necessary NCDENR Erosion and Sedimentation Control NCDOT Right-of-Way Encroachment Duke Energy Right-of-Way Encroachment Hazen will submit permit applications with supporting documentation to respective permitting agencies and will monitor the review status through direct contract with permit reviewers. Hazen will also attend any necessary in-person or virtual meetings, as needed, to ensure a smooth and quick review of each permit The cost of permit application fees will be billed at a direct cost reimbursement. For budgeting, an allowance of $3,000 is included in the scope and fee proposal. Hazen will issue the check to cover these costs and will include the invoice as record oft the expense on the next monthly invoice. application. Task 5- Easement Acquisition Assistance As significant portion of the project corridori is located within thel NCDOT right-of-way, therefore easements are not anticipated in this alternative. The procurement of both permanent and temporary easements are excluded from this scope of work. yeeNeRssepedseiss: Should they be needed, an amendment will be necessary. The costs associated with Task 5 includes the level ofe effort required to perform the due diligence to confirm the fee simple ownership oft the NCDOT easement along the water line alignment. Task 6- Bid Phase Services Hazen willj provide advertisement and bid phase support as required to bid this] project per the requirements of the State and funding. This will include preparing and conducting the pre-bid meeting, addressing contractor questions, issuing addenda, reviewing bid packages for responsiveness, preparing certified bid tabulation, providing a recommendation of award, and assisting with contract execution. Task 7- Project Management and Meetings All workshops or meetings will bel held at the Stokesdale Town Hall or the project site. Hazen will prepare meeting agendas andi issue meeting minutes at the end of each meeting. The following meetings are anticipated for the project: Town of Stokesdale Scope and Fee Proposal Water Line Extension for Sys stem Redundancy Page 8ofl1 Hazen Kick-off and Route Selection Meeting: A project kick-off meeting will be held to review the goals and scope oft the project, as well as the project schedule and critical path issues. Project communications and protocols to follow will also be established during this meeting. A presentation at a council meeting is Bi-monthly Progress Meetings: Hazen will conduct al bi-monthly progress presentation to council to review completed work, coordinate the upcoming schedule and discuss any outstanding items. Project risks and mitigation strategies will be discussed during the progress meetings. A total of 5 progress presentations Stakeholder Collaboration Meetings: Hazen will conduct collaboration meetings with permitting agencies (NCDOT, NCDEQ, USACE, etc.) and necessary stakeholders throughout the preliminary engineering and detailed design phases to ensure all project requirements are identified and incorporated into design Public Meetings: Hazen will support the town with strategic public communications efforts associated with thej project. Hazen will prepare necessary graphics of the pipeline route and the necessary llustration items Pre-Bid and Bid Opening: Hazen will conduct the pre-bid meeting at the Stokesdale Town Hall. Hazen will participate in the bid openings and review the submitted contractor proposals for responsiveness. Time to attend andj prepare for pre-bid and bid opening has been included under Task: 5-1 Bid Phase Services. Hazen will be responsible for the Quality Assurance/Quality Control (QA/QC) reviews for the work of internal staffa and subconsultants providing services oni the project. Our workplan plan willi include QA/QC milestone reviews for the 30-90 and 100% submittals reviews. Hazen's QA/QC will use our internal anticipated to select the route. have been accounted for as aj part of the scope and fee included herein. documents. Attendance of up toi four (4) collaboration meetings has been included. and will attend three (3) public meetings in addition to those previously included. sources for these reviews toj provide the Town thel highest quality product. Task 8- Funding Collaboration and Support workplan and continuous risk management review. construction to complete the project. Hazen understands that effective collaboration, communication, and detailed scheduling is essential for project success. Our strategy for successful project delivery includes the development of a detailed Hazen will work with NCDEQ/DWI to administer the required documentation during design and Schedule Thej project team will commence work immediately upon Notice tol Proceed (NTP). Ani initial schedule will be provided prior to the project kickoff meeting. The final design drawings, specifications, and applicable permits herein will be delivered ready for bidding within 12 months of the Notice to Proceed date. An estimated completion date at this time would be November 2024. Subconsultants necessary for developing detailed design documents. TownofStokesdale Scope andl Fee Proposal Water Line Extension for System Redundancy Stewart, a Minority Business Enterprise (MBE-H) company will provide survey and SUE services Page 9ofi1 Hazen S&ME will provide geotechnical and materials testing services. Scope Exclusions The enclosed scope and fee proposal specifically excludes the following in addition toi items not noted: Construction Administration Services Hazen will include these costs in an amendment to be All costs surrounding the procurement of easements, both temporary and permanent has been executed when the project is awarded to the low bid contractor. excluded from this proposal, including but not limited to: Easement mapi preparation, Property negotiation and acquisition costs Legal fees surrounding title search and filing costs. Appraisal costs Town of Stokesdale Scope and Feel Proposal Water Line Extension for Sys stem Redundancy Page 10of11 Hazen Fee Hazen will provide the following services at a not to exceed fee of $366,400 to complete the scope of services described! herein. The table below includes al breakdown oft the major tasks to complete the project. Summarized Fee Schedule Task Task Description Alternatives Analysis 2 Preliminary Engineering (Hazen) Survey (Stewart) Geotechnical (S&ME) Fee $4,100 $59,660 $129,440 $23,800 $69,500 $18,000 $6,000 $- $18,100 $23,200 $14,600 $366,400 3 Detailed Design 4 Permitting 5 Easement Acquisition. Assistance (Hazen) Stewart Easement Exhibits 6 Bid Phase Services 7 Project Management, Workshops and Meetings 8 Funding Collaboration and Support Total Contract Value Town of Stokesdale Scope and Feel Proposal Water Line Extension. for Sys stem Redundancy Page Iloril SCHEDULEB COMPENSATION Town of Stokesdale Water Line Extension to Add System Redundancy OWNER shall pay ENGINEER as fuil compensation for the services identified under Schedule. A the amount(s) listed below. Individual task amounts are not limits and may be exceeded provided that thet total amount is not exceeded. Compensation shall be on a not-to-exceed basis for actual hours worked on the project using ENGINEER's hourly categorical rates (attached and hereby incorporated into this Agreement). TASK NAME Alternatives Analysis Preliminary Engineering (Hazen) Survey (Stewart) Geotechnical (S&ME) Detailed Design Permitting AMOUNT $4,100 $59,660 $129,440 $23,800 $69,500 $18,000 $6,000 $18,100 $23,200 $14,600 $366,400 EasementA Acquisition. Assistance Bid Phase Services Project Management, Workshops, and Meetings Funding Collaboration and Support TOTAL 31410-008- Hazen StandardAgreement, 2023-09-11 Town of Stokesdale- - Waterk Line Extension toAdd System Redundancy B-1 Schedule B