ATE  1833  MINUTES  Regular Meeting of the City Council 6:30 p.m. - Tuesday, November 10, 2020 317 S. Madison Street, Whiteville, NC, 28472  The Regular Meeting of the City Council of the City of Whiteville was called to order on Tuesday, November 10, 2020, at 6:30 p.m., at: 317 S. Madison Street, Whiteville, NC, Advisement of Virtual Meeting. This meeting was made available in a virtual environment. Viewers were invited to submit comments via the Q&A function  28472.  located within the Microsoft Teams application.  1) ROLL CALL PRESENT: ABSENT:  Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida, Robert  Leder, and Kevin Williamson Tim Blackmon  OTHERS IN ATTENDANCE: Darren Currie, City Manager; Carlton Williamson, City Attorney; Bonnie Williams, City Clerk; Colburn Brown, Finance Director; Doug Ipock, Police Chief; Hal Lowder, Emergency Services Director; David Yergeau, Fire Chief; Robert Lewis, Planning Director; Sean Martin, Economic GUESTS: Engineering Services (Mark Bacon, Scott Price, and Todd Steele) The meeting was called to Order by Mayor Mann at 6:30 pm. Invocation was provided by Council Member Clarida.  Development Planner 2) CALLTO ORDER 3) INVOCATION 4) PLEDGE OF ALLEGIANCE Led by Mayor Mann 5) ADOPTION OF AGENDA Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Leder, Kevin' Williamson) Nays:0 Absent: 1 (Tim Blackmon)  Mr. Steele attended virtually via telephone.  Robert Leder MOVED to approve the agenda as presented.  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida, Robert  6) APPROVAL OF MINUTES  6.1) Consideration for Approval of Minutes Regular Meeting on October 27, 2020 held on October 27,2 2020. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Justin Smith MOVED to approve the minutes for the regular meeting  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,    7) PUBLIC COMMENT None. 8) BUSINESS  8.1) Consideration of Resolution 2020-R-129 Approving the Sewer Asset Mr. Currie presented this item to Council. He explained that the proposed resolution is related to the recently published study regarding the Whiteville Sewer Asset Management Project Hei introduced Mark Bacon and Scott Price to review the asset management plan with Council. Mr. Currie explained that this plan will provide a road mapi for the City to use to continue repair/rehab on the aging sewer system. He added that there are many needs located within the City andt this plan identifies and prioritizies those needs. Mr. Bacon and Mr. Price reviewed with Council thet findings and results of the study. They explained how an asset mangement plan (AMP) would assist the City in managing the seweri infrastructure assets, outline maintenance, repair, and replacement decisions, and how to use the plan as a tool for technical, managerial, and financial practices. They explained the benefits of an AMP, such as increasing system knowledge, identifying assest locations, reducing overall costs for operations and capital expenditures, improving operations and maintenance, meeting federal and state regulartory requirements, and increasing access tot federal and state financial assistance. They briefly explained the software system used fort the AMP. They explained that the study showed strengths in thei following areas: history of providing timely customer service, experienced: staff, user rates generate sufficient revenues to cover sewer system operating expenses, and the majority oft treatment assets operate within their useful life. However, the AMP showed the follow weaknesses: majority of collection and pumping assets operate welll beyond their useful life, significant deferred maintenance, extensive backlog of rehab and replacement needs, and user rates do not generate sufficient revenue to address significant sewer capital investments. They advised that the AMP inventoried: 247 assets of which 25% are high risk/critical assets, 63% are medium risks assets, and 12% are low risk assets. They advise that iff failure occurred, the failure could be tiedt to not only ane environmentalpublic healther risk but also an NCDEQ violation. They explained that the estimated sewer capital improvements over the next ten years totaled to approximately $39,390,535 ($36,323,335 for collection and $3,602,200 fort treatment). Mr. Currie explained that Resolution No. 2020-R-129 approves the 2020 Sewer System Asset Management Plan. Robert Leder MOVED to approve Resolution No. 2020-R-129. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Management Plan  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  Resolution 2020-R-129 2020 Sewer Sys Asset Mgmt Plan 11102020 8.2) Discussion Regarding the Installation of New Bridge to West Whiteville Mr. Currie introduced this item to Council. He explained that Engineering Services has obtained prices from $25,000 to $35,000, depending on the type and style of bridge for West Whiteville Park. He described an engineering contract with a projected budget for the total project. He advised that this bridge will be of one piece construction andi installed on concrete piles. The entire project is engineered to withstand years of wear and the potential flooding from Mollies Branch. Mr. Todd Steele of Engineering Services, virtually attended the meeting so that he would be available to answer any questions that Council might have. Mr. Todd explained the proposed bridge project. Discussion ensued with Mr. Currie addressing liability concerns and mitigation of risks regarding future floodings. He advised thatt the proposed bridge would be al long-term solution. Mr. Todd advised it could fourt to six months to complete the project. Mr. Currie and Mr. Steele explained the process for the project. Mr. Currie explained that the estimated cost for  signed Park    the bridge projecti is $150,000. Council stated that they wanted to proceed with getting bids, toi include alternate bids, so that the park could be reopened. Mr. Currie recommended that Council approve a Jimmy Clarida MOVED to approve the contract for Engineering  contract for Engineering Services to proceed. Services. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon) 11102020_ / Whiteville ABC Board  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  fileno_611 Engineering. Services -re-Westside Park Pedistrain Bridge 8.3) Consideration for thel Reappointment of Mr. Alton Melton to the Ms. Williams explained that the recommendation to reappoint Mr. Alton Edwards for another three year term had been forwarded byt the Whiteville ABC Board. She stated that Mr. Melton hads served at full term and has expressed a desire to continue to serve. His term ended on October 31, 2020. She advised that the new term was from October 31, Robert Leder MOVED to approve reappointing Mr. Alton Melton to the Whiteville ABC Board for a term of three years, beginning October 30,  2020 to October 30, 2023. 2020 and ending on October 30, 2023. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin' Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  8.4) 2021 Stipend Reimbursement for Health Insurance for Pre and Post 65 Mr. Currie explained that in 2019, Council approved the stpendreimbursement for retiree's pre 65 in the amount of $590 per month, pending the retiree provide proof of payment effective on January 1, 2020. He advised that staff is recommending that the stipend reimbursement for the retiree's pre 65 remain the same fort the Calendar year 2021, providing the retiree provide proof of payment. He explained that beginning January 1, 2021, the Health Insurance Premium rate, the City shall contribute towards full-time employees will be $589.36, monthly, for each employee who participates in the Wellness Assessment. He stated that this rate had not changed in two (2)) years. In 2019, Council approved the stpendrembursement for retiree's post 651 int the amount of $90, effective January 1,2020, pending the retiree provide proof of payment. He advised that this rate isi is note expected to change for 2021. He stated that staff recommends to approve the BCBSNC PPO of $901 for the calendar year of2021, beginning January 1, 2021. This rate has not changed in two (2) years. Jimmy Clarida MOVED to approve the 2021 stpendreimbursement for health insurance for Pre 65 Retirees in the amount of $590.00 per month, and approve the 2021 stpendrembursement for health insurance for Post 65 Retirees in the amount of $90.00, providing the retiree provide proof of payment, effective January 1, 2021. Robert Leder SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin' Williamson) Nays: 0 Absent: 1( (Tim Blackmon)  Retirees  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  8.5) Consideration: for the Submittal oft the 2020 FEMA SAFER (Staffing for Adequate Fire and Emergency Response) Grant Application. Chief Yergeau explained that staff is requesting City Councilto authorize the submittal of the 2020 FEMA SAFER Grant Application. He explained that the FEMA SAFER Grant provides financial assistance related to assisting fire departments with staffing capabilities tor respond to emergencies, assuring communities have adequate fire    protection. In addition, the grant also assists fire departments in obtaining NFPA 1710 Standards. The grant has a performance period of three years. He explained that if awarded this grant, may not exceed 75% oft the usual cost of ai first year firefighter int the department at the time the grant application was submitted. The second year is the same as thet first year and thet third year is 25% of the usual annual cost ofa first year firefighter in the department. He advised that the City is required to contribute a cost share toward the actual cost of hiring firefighters under this program. The cost share for the cityi is 25% the first and second years and 65%1 for the third year oft the grant. The total costf for the grant, including the federal share is estimated at $829,774. The City's cost is estimated to be $69,148, thei first 2 years for six (6) firefighters. The third year the cost share is estimated at $179,784.. After thet three (3): year period is completed, the City willl be responsible for the salaries and! benefits of these firefighters. Ifa awarded this grant, each shift would have 51 firefighters assigned and we would have a minimun of4 on duty each day. Other costs the city would be res/ponsible fori is the outfitting oft the firefighters with uniforms, firefighting gear, andt training, ($19,500 1st year, $18001 for the 2nd and 3rd years). The application period is scheduled to be openi in late Robert Leder MOVED to approve the City Manager and Fire Chief to submit the required grant application for the 2020 FEMA SAFER Grant. Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  Novemeber to middle of December. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin' Williamson) Nays: 0 Absent: 1( (Tim Blackmon) Firefighters Grant). Application  8.6) Consideration for the Submittal of the 2020 FEMA AFG (Assistance to Chief Yergeau explained that staffi is requesting City Council to authorize the submittal oft the 2020 FEMA AFG Grant. The primary goal oft the. Assistance to Firefighters Grant (AFG) is to meet thet firefighting and emergency response needs of fire departments and non-affiliated emergency medical service organizations. Since 2001, AFG has helped firefighters and other first responders obtain critically needed equipment, protective gear, emergency vehicles, training and other resources necessary for protecting the public and emergency personnel from fire and related hazards. He explained that this granti is a 95/5% grant. The equipment being requested under this grant is a mobile air compressor. This uniti is used to fill breathing air bottles on scene of incidents. The cost of this uniti is $130,000, The city share is $6,190. The application period is scheduled to open in late November 2020. Jimmy Clarida MOVED to approve the City Manger and Fire Chief to submit the required grant application for the 2020 FEMA AFG Grant.  Justin Smith SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin' Williamson) Nays: 0 Absent: 1 (Tim Blackmon)  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  8.7) Consideration for a Partnership with National Fire Safety Council Chief Yergeau explained that the Fire department had been contacted byt the NFSC, regarding interest in partnering with them ini their efforts inf fire safety and prevention education. He explained that the NFSC sends letters out to business owners within the city seeking contributions for covering the cost of education materials. The NFSC shares education materials with the Fire department, should they Justin Smith MOVED to approve the City's Fire Department to partner with the National Fire Safety Council (NFSC), allowing the Fire Chief to provide the department logo and his signature to the NFSC letter  (NFSC)  recieve any contributions. campaign. Tim Collier SECONDED the motion. VOTE: 6-0 (Unanimous)    Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  Robert Leder, Kevin' Williamson) Nays: 0 Absent: 1( (Tim Blackmon)  8.8) Consideration of Budget Amendments FY20-21-5A-5C, Regarding Financial Aid to the' Vineland Depot Fundi fort the Purchase of New Mr. Currie reminded Council at their lastr meeting, that two of the HVAC units at Vineland Depot had quit working. He explained thati ift the Cityi is going to continue to have rentals and use this facility, the City will need tor replace the units. He explained that staff had obtained three quotes, and recommend to awarding thej jobt to Fairfax Heating and Air for $18,200. He explained thati in the proposal, Mr. Fairfax willr replace two (2) 5-ton units usingt the existing duct work, etc, in addition to adding two (2) mini-split units with a single head for redundancy.. Al budget amendment(s) is needed tot transfer $5,000 from the Depot fund balance and add $20,000 from the General Fund Balancei for ai total of $25,000. He explained that as revenues come in to the Depot, the Depot will" "repay" the General Fund. He stated that basically the General Fund is making al loan to Vineland Depot fund. Jimmy Clarida MOVED to approve Budget Amendments FY20-21-5A- 5C, and award the bid to Fairfax Heating and Air. Justin Smith SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson) Nays: 0 Absent: 1 (Tim Blackmon) Spending Proposals  HVAC Units.  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  8.9) Consideration for Budget Amendment FY20-21-6, Two Budget Mr. Currie explained that he was recommending to Council two spending proposals, 1)a 3% Cost of Living Adjusment (COLA)to employees for FYE21, and 2)ar monetary gift of appreciation to employees in lieu of the annual employee appreciation luncheon typically held during the holiday season. He explained thati in spite of the COVID-19 pamdemic, the City is performing financial well. He reminded Council that when they adopted the FY20-21 budget, staff would come back to them lateri int the fall to report on the City'sf financial health, and if possible, perhaps recommend a COLA1 for all full-time employees, and elected officials. He explained that it was important to include elected officials so that the City could stayi in pace withi inflation. He also advised thata a COLA was important sO that the City could remain competitive in the job market. He also explained that due tot the pandemic, the annual employee appreciation luncheon is notp planned due to issued restrictions and guidelines. Mr. Brown provided a financial health report to City Council, advising of year-to-date financial reviews Justin Smith MOVED to approve Budget Amendment FY20-21-6, providing a 3% COLA to full-time employees and elected officials and provide a one-time $100 (net) gift of appreciation to all full-time employees in lieu of providing the annual employee appreciation holiday luncheon this year due toi the COVID-19 pandemic. Jimmy Clarida SECONDED the motion. VOTE: 6-0 (Unanimous) Robert Leder, Kevin Williamson),. Nays: 0 Absent: 1 (Tim Blackmon)  ofr revenue performance. Discussion ensued.  Yeas: 6 (Terry Mann, Tim Collier, Justin Smith, Jimmy Clarida,  9) COUNCIL COMMENTS  Mayor Pro Tem Smith stated that he was supportive of the West Whiteville Park. He asked Mr. Currie if the Sewer Asset Management Plan would be addressed each budget year. Mr. Currie stated that ity would be. Council Member Williamson asked Mr. Martin for an update regarding the Streetscape project. Mr. Martin advised that the project is going well and provided more information. He advised that there would be another Mayor Mann advised that he had received a letter from Mr. Marc  meeting on December 1, 2020.    Whichard, Whiteville City Schools, inviting Council to atend an event at Central Middle School on Saturday, November 14, 2020 at 11 am.  10) REPORTS  10.1) Manager's Update Mr. Currie reported on thet following areas: 1. Mollies Brach project 2. Sewer Asset Management Study project 3. ABC Store project 4. West Whiteville Park project 5. Storm Water project McKenzie Woods 2020  6. Office closing duet to' Veterans Day on' Wednesday, November 11, Mr. Currie asked Mr. Lowder to provide an update regarding COVID-19. Robert Leder MOVED to approve the adjournment of the regular Council  11) ADJOURNMENT  meeting on November 10, 2020 at 8:46 pm. Tim Collier SECONDED the motion. VOTE: 0-0 (Unanimous) Yeas: 0 Nays: 0 Absent: 0  Turllon Terfy L. Mann, MAYOR Bonnie T. Williams, CITY CLERK babs    Resolution No. 2020-R-129  RESOLUTION1 TO APPROVE SEWER SYSTEM ASSET MANAGEMENTPLAN WHEREAS, The City of Whiteville has developed a sewer system in and around the City of WHEREAS, Said municipal sewer system is operated and maintained by the City of WHEREAS, The City of Whiteville recognizes the need for, and advantage of, maintaining WHEREAS, The City of Whiteville received an Asset Inventory and. Assessment Grant from NOW, THEREFORE, BEI ITI RESOLVED by the City Council for the City of Whiteville that the 2020 Sewer System Asset Management Plan isl hereby approved; and BEI IT FURTHERI RESOLVED that the City Council authorizes stafft to update thep as new  Whiteville; and Whiteville; and  adequate short-term and long-term planning for capital umprovements and asset thel North Carolina Department of Environmental Quality to assist inp planning for  management for the: sewer system; and capitali improvements and asset management.  information becomes available. Votes: For_ 6 Against_ o  plan  Adopted this 10th day ofNovember: 2020.  Terry! Mayor  y  ATTEST:  Clerk City  bihbls  1833  Pagelofi Resolution? No. 2020-R-129    Pagel  AGREEMENT FOR ENGINEERING SERVICES  This agreement, madc this 28th day of October, 2020, by and between the City of Whitcville, North Carolina, hereafter referred to as the OWNER, and Enginecring Services, P.A., hercinafter The OWNER intends to retaine engincering and related serviccs to be provided by the ENGINEER for the Westside Park Pedestrian Bridge Project for the City of Whiteville. The ENGINEER ugrees to provide the necessary engineering design drawings and specifications, bidding assistance, construction observation, and construction administration for the proposed project in accordance with the terms oft this Contract and the altached Opinion ofl Probable Cost. That for and in consideration of the mutual convenants und promises botween the partics hereto,  referred to as the ENGINEER.  WITNESSETH: the following is hereby agreed: SECTION. A-I ENGINEERING SERVICES  Thel ENGINEER shall furnish professional engineering services us follows: 1. The ENGINEER will conduct preliminary investigations, prepare preliminary drawings, and ptovide a detailed preliminary ilemized list of probable construction costs effective as of the date oft the preliminary dusign (uttached ast the projcct budget cstimute). 2. The ENGINEER will furnish 5 copies of the final design plans and spccifications to the 3. The ENGINEER will attend conferences with the OWNER or other interestod partiest us may 4. After the preliminary facilities plan has been reviewed and approved, in writing by the OWNER, and the neccssary State approval agencies, the OWNER will direct the ENGINEER, in writing, to proceed. The ENGINEER will perform the necessary design surveys, accomplish the dctailed design of thc project, prepare construction drawings, specilications, and contract documents, andi preparc a detailed final cost cstimate bascd ont the final design for the entire project. Iti is also, underslood that ifs subsurface cxplorations (such asb borings, soil tests, rock soundings und the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such 5. Prior to the advertisement for construction bids, the ENGINEER will provide for cach construction contract, not to excced 5 copies ol delailed drawings, specifications, and contract documents for use by the OWNER, grant consultant, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings,  OWNER. ber reasonably necessary.  explorations shall be paid for by thc OWNER us set out lierein.  CADOCCminctgu,2abe    Puge2  specifications, and contract documents shall bei included int the basic compensation paid to the 6. The ENGINEER will furnish additional copies of the drawings, specificutions and contract docurients ast required by prospcctive bidders, mmaterial suppliers, and other interested parties, but may charge them a reasonable cost of such copies. Upon award of cach contract, the ENGINEER will furnish to the OWNER five sets oft the drawings, specifications dhd contract documents for execution. The cost of theses sels shall be included int the basic compensation paid to the ENGINEER. Original documents, survey notes, trncings, and the like, except those lurnished tot the ENGINEER byt the OWNER, are and shall remain the ptoperly oft the 7.The drawings prepared by the ENGINEER under the provisions of Scction A-4 above shull be ins sufficient detail to permil the actual location oft the proposed improvemcnits oht thc ground. The ENGINEER shall preparc and furnish to the OWNER thrce (3) copies of a map(s) showing the general location of needed construction easements. The ENGINEER shall bc additionally compensated for the preparation of eascment maps and for any acquircd properly with tates scL out in Section D. Properly surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be furnished by the OWNER, unlcss thc OWNER requests, und thc ENGINEER agreus to provide thosc services as an amendmcht to this Agreement. In the cvent the ENGINEER is requested to provide such serviccs, the ENGINEER shall be: additionally compensated as set in Section DI hereof. 8.The ENGINEER will uttend thc bid opening and tabulate the bid proposals, make an: analysis ofthe bids, andi makei recommendations for awarding contracts for construction. 9. The ENGINEER will review and approve, for conformance with the design concept, any necessary shop and working drawings furnished by contractors. 10. Thel ENGINEER willi interpret the intent oft thc drawings ands specifications to help prolect the OWNER against defects und deficiencies in construction on the part of the contractors. The ENGINEER will not; however, guarantee the performance by any contructor. 11. The ENGINEER will establish baselines for locating the work together with a suitable nunber of benchmarks adjacent to the work as showh in the coritract documents. Construction layout for any project willl bet the esponsibility oft thes successful Contraclor. 12. The ENGINEER will provide general prolessional engincering review of the work of the contractors as construction progresses to asccrtain that the contractor is conforming to the 13. Unless notified by the OWNER in writing that the OWNER will provide for construction observation, the ENGINEER will provide construction obscrvation under this Agrecment. In the cvent that the Owner does provide construction observation, additional compensation lo the ENGINEER will ber required to accommodate the final inspection and sign-offi required by the offices of NC DWQ. The ENGINEER'S undertaking hereunder shall not relieve the contractor of contractor's obligation toj perform the work in conformity with the drawings and  ENGINEER,  ENGINEER.  design concepl.  CADOCCNRaApu22ahe    Page3  specifications and ina a workimanlike manner; shall not make the ENGINEER ani insurer oft the contractor's performance; and shall not impose upon the ENGINEER any obligation to scc 14. Thc ENGINEER will review the contractor's applications for progress and final payment aid, 15. The ENGINEER will prepare necessury contract change orders for upproval of the OWNER 16. The ENGINEER will make: a final revicw prior to the issuance of the statement ofs substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimatc, the ENGINEER shall submit as statenent of completion to and oblain the written acceptance of the facility from the OWNER, subject to cont'actual 17.The ENGINEER will provide the OWNER with thrcc sets ofi record (us-built) drawings ati no additional cost to the OWNER. Such drawings will be based upoti construction records provided by thc Contractor during construction and reviewed by the resident construction observer and from the resident observer's construction data, ENGINEER will ulso provide 18. The ENGINEER will be available tot furnish engineering scrvices and consultations necessary to corrcct unforeseen project operation difficulties for a period of ohe yeur afler the datc of statcment ofs substantial completion oft the fucility, This service will includei instruction oft the OWNER in initial project opcration and muintenance but will not include supervision of normal operation of the system. Such consultation and advice shall be furnished without additional charge except for travel and subsistence costs. The. ENGINEER will assist the OWNER inj performing a revicw of thc project during the Ilth month after the datc of the 19. The ENGINEER further agrccs to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive gencral liability insurance und professional liability as will protect the OWNER and (he ENGINEER firom all claims for bodily injury, death, orj property damage which may arise from the pcrformance by the ENGINEER or by the ENGINEER'S employees oft the ENGINEER'S functions and services required under this Agreement. 20. The services called for in the Section A of this Agreement are complcte. Upon authorization from the OWNER, thc ENGINEER will complete final plans, spccilications and contract documents and submit for approval of the OWNER and all applicable State regulatory  that the work is performed inas safer manner, when approved, submit lo thc OWNER for payment.  and others on: a timcly basis.  obligations pertaining to warranties, guaranties, etc.  OWNER withac digital filei in. pdft format oft the record drawings.  certificate ofs substantial completion.  agencies.  CADOCCmnasgace    Page4  SECTIONB-C COMPENSATION. FOR DESIGN SERVICES  The OWNER agrees to compensate the ENGINEER for Services for the Westside Park Pedestrian Bridge Project for Preliminary and Final Engineering Design services in the Lump Sum amount of Thirteen Thousand and Five Hundred dollars ($13,500.00), and for Bidding Assistance services in the Lump Sum amount of Five Thousand dollars ($5,000.00). The ENGINEER will render to OWNER for such services an itemized bill, once cuch month, for compensation for such services performed hcreunder during such pcriod, based ori thic ENGINEER'S estimate oft the percentage complele oft the design process, thc same to bu due and payable by the OWNER tot the ENGINEER on or before the 15th day ofthe following period. If the Project is suspcrided lor more than three Months or abandored in whole of in part, the Engineer shall be paid for scrvices performed prior to teccipt ofs such notice fron the OWNER together with all termination expenses. Ifthe Project isi tesumed after being suspended for mor'c than three months, thel Engineer's compersation shall bc subject tot renegotiations. SECTION C- COMPENSATION FOR CONSTRUCTION ADMINISTRATION and CONSTRUCTION OBSERVATION. ASSET TORTH IN SECTION A-9 thruA-18 The ENGINEER shall provide construction administration and construction observation services. The OWNER agrees to compensate the ENGINEER for Construction Administration in the Lump Sum amount of Seven Thousand and Four Hlundred dollars ($7,400.00) und for Construction Observation scrvices in the Lump Sum amount of Seven Thousand und Four Hundred dollars ($7,400.00). Thc ENGINEER will render a bill lo OWNER for such scrvices based on the dollar percentage complete of the construction contract, once each month, for compensation for such services performed hercunder during such pcriod, thc sanc to bc duc and payable by the OWNER tot thc ENGINEER on or before the 15th day oft the following pcriod. SECTION D- COMPENSATION FOR ADDITIONAL ENGINEERING SERVICES In addition to the forcgoing being performed, the following serviccs may be provided UPON 1.Site surveys for watcr trealment plants, sewage treatmment works, dams, reservoirs, ponds, and 2.1 Laboratory tests, well lests, borings, specialized geological, soils, hydraulic, or other studics 3.F Properly surveys, casement surveys, detailed description of sites, maps, drawings, ore estimatcs related thereto; assistance in negotiating for land and eusement rights. 4. Necessary data and filing maps for water rights, water adjudication, and litigation.  PRIOR AUTHORIZATION OFTHBOWNER. other similar spccial survcys as may bc required. recommended by the ENGINEER.  CADOCCouina2u22yale    Pages  5. Redesigns ordered by the OWNER aftert the OWNER has accepted final plans. 6. Appearances before courts or boards on matlers of litigation or hearings related to the 7.1 Preparation ofe environmental impact ussessments or environmental impact statcnients. 8. Performance of dctailcd staking necessury for construction of the project in excess of the 9.Provide maintenance and operation. manuals or shop drawings, where uppropriate. Payment for extra services specilied herein shall be as agreed to bclwccn the OWNER and ENGINEER prior to the commencement of work. The ENGINEER will render to OWNER for such extra scrviccs an itemized bill, separate froni any other billing, onicc cach month, for compensation for scrviccs performed hereunder during such period, the satc to be due and payable by OWNERI tot the ENGINEER on or before the 15tho day oft tho following period.  projccts.  control: staking sct forth in Section. A-11.  The following ratcs apply tot these extra services:  Principal Engineer Managing Engineer Project Engincer CADD Operalions Computations  $95/per hour $95/per hour $95/per hour $65/per hour $65/pcr hour  Engineering Technician $65/per hour Construction Observer $65/per hour Grunt/Loan Administrator $75/per hour Office! Mannger/Scretary $45/per1 hour  SECTIONI E-PAYMENT. ANDI INTEREST ON UNPAIDSUMS  Alli invoices are due and payable 30 calendar days from the date of the invoice. Ifan OWNER fails to make any payment due ENGINEER within the allowable 30 days for services and expenses, and funds are available for the projects, then the ENGINEER shall be entitled to interest at the rate of 12 percent per annum from said 30th day, not to exceed an annual rate of 12 percent. If the invoice is not paid within 30 days, the ENGINEER may, without waiving any claim or right against the OWNER, and without liability whatsoever lo the OWNER, terminate thc performance oft the scrvice. Int thc cvent that uny portion or all of an account remains unpaid 60 days afler billing, the OWNER shall pay all costs of collcctions, including reasonable  attorney's fecs. CADOCCnmndiougopae    Pugo6  SECTIONF-INDEMNIFICATION  The ENGINEER ugrees, to the fullest extent pormitted by law, to indemnify and hold harnless thc OWNER, its officers, dircctors and employecs (collectively, OWNER) against all damages, liabilities or costs, including rcasonable attorneys' fees: and delense costs, tot the extent caused by the ENGINEER's ncgligent performance of professional services under this Agrecment and that ofitss sub-consultants or anyone for whom the ENGINEER is legally liable. The OWNER agrees, to the fullest cxtent permitted by law, toi indemnify dnd hold hurmless the ENGINEER, its officers, directors, employees and sub-consultants (collectively, ENGINEER) ugainst all dumages, liabilities or costs, including easonable attorneys' fecs and defense costs, to thc cxtonl caused by the OWNER's negligent acts in connection with the Project and the acts of itso contractors, subcontractors or consultants dr anyone for whomt the OWNER is legully liable.  SECTION G-TERMINATION oF AGRELMENT  This Agreement may be lerminated bye either parly upont thirly (30) days written notice shouldt the other parly fail substantially to perform in: ccordance with its lerms througli no fault oft the parly initiating the termination. Iti is furthermore underslood and agreed upon that the OWNER may decide not to complete the design or enter into the construction mode should the upplied for grant/loan not bc made availablc. Int the event oftermination duc tot the fault oft parties other than the Engincer, the Engineer shall bcj puid his compensalion for services performed tot termination Termination expenses ate delined as Reimbursablc Expenses directly attributable lo terminution, plus an amount computed as a percentage of the total compensation carned to (he timc of 20 percent ift termination occurs during thc Design Phase; or 10 percent iftermination occurs during thc Construction Documenis Phase; or 5p percent iftermination occurs during any subsequent phase.  date, including Rcimbursablc Expenses, plus termination expenses.  termination ast follows:  SECTIONI H-A ARBITRATION  All claims, disputes and other matters in qucstion between the parties to this Agreement, arising out of, or rclating to this Agreement or the brcach thereof, shall bc decided by arbitration in accordancc with the Construction Industry Arbitration Rules of thc Amcrican Arbitration Association then obtaining unless the parties mutually agree otherwisc. No arbitration, arising out of, or relating to this Agreement shall include, by consolidation, joinder or in any other manmer, any additional parly not parties to this Agreement excepl by written consent containingu specific reference to this Agreement and signed by all the parties hercto. Any consent lo urbitration involving an additional parly or parties shall not constitute consent to arbitration of any dispute not described therein or with any party not named or described thcrein. This Agreement to arbitrate and any agreement to arbitrale with an additional party or parties duly  CADOCCmncesgumpde    Page7  consented to by the parties hereto shall be speuifically enforcouble under the provailing arbitration law. In no event shall the demand for arbitration be made afier the date when such disputc would be barred by the applicable statutc of limitations. All urbitration shall be carried out in the City of Raleigh, North Carolina, The award tondered by the arbitrutors shall be final. During and in connection with the ussociated loun and/or grunt agreement between the United States Government and the OWNER, relating lo the Federally ussisted program, the Engineer, its successors and assigns; (i) will comply, to thc extent applicuble as contractors, subcontractors, lessces, supplicrs, or in any other capacity, with the applicable provisions of the Rcgulations of the United Slates Dcpartment of Commerce (Part 8 of Subtitle A of Title 15 of the Code of Federal Regulations) issued pursuant to' Title V1 of the Civil Rights Act of 1964 (P.L. 88-352), and will not thereby discriminatc against any person on thc ground of race, color, or national origin in their employment practices, ins any oft their oW11 contractual arrangements, in: all: services or other business operations, (ii) they will provide thei information required by or ursuant tos said Regulations to ascertain compliance with the Regulations and. these ussurances, und (ii) their noncompliance with the nondiserimination requircments of said Regulalions und these assurances shall constitute a breach of their contractual arrangements with the Recipient of Federal financial assistance whereby said arrangements my bc canceled, terminated or suspunded in whole ori inj part or may bes subject to enforcement otherwisc by appropriute legal proceedings.  SECTIONI- CIVILI RIGHTS ASSURANCES  CA0OCCutcagu22dse    Puges  SECTIONJ-I EXTENT OF AGREEMENT  This Agreement represents the entire and intcgratcd agreement bctween the Owncr and the Enginecr and supersedes all prior negotiations, representations or agrcements. This Agreement may bea amended only by written instrument signed by both Owner and Engincer. In WITNESS WHEREOF, the parties hereto have exccuted, or caused lo bc ckccuted by their duly authorized officials, this Agreement in duplicale on the respective dates indicated below. This Agreement is entered into the day ands year first written above.  (SEAL) OWNERFOY of By: A  TEKadisheL Typc  Name: Darren Curric Date:_ 16/12/2020  Type  Name: RochaReek Title: Manager. Cityofy Whiteville  Tite: Haoireckoc  (SEAL) Name: Type Title: President Date: October 28.2020  ENGINEER: Engineering Serviccs, PA By: dBerk  ATTEST:, hhl Type Name: Brian G. Cox.P.E. Title: Vice-President  Todds. Stecle.P.E.  SERL ORAA m SEAL NC  CADOCComnasua2s4ce    City ofWhiteville West Side Park Bridge Opinion ofl Probable Cost  Item No.  Component  Quuntity. Unit Unit Cost Total Cost  1 Prefabricated Pedestrian Bridge System 2 Pedestrian Bridge Foundation 3 Pedestrian Bridge Installation 4 Waterway Channel Stabilization 5 Concrete Landing &1 Pedestrinn Walkway Comections 6 Sitc Work 7 Erosion Control 9 Mobilizution (Maximum. 3% Const. Cost)  LS $ 36,000 $ 36,000 LS $ 20,000 $ 20,000 LS $ 20,000 $ 20,000 LS S 5,000 $ LS $ 7,000 $ LS $ 10,000 $ 10,000 LS $ 5,000 $ 5,000 LS $ 3,090 $ 3,090 10% Contingency $ 10,610  5,000 7,000  Totall Estimated Cost of Co1structions 116,700 Professionnl Fees for Sewer Proicct Construction Subtotal Land Surveying & Legal Fecs By Others Gcotechnical Soil Survey Engineering Designl Fees Bidding Assistance (Lump Sum) Construction Inspection Fces Construction Administration! Fees TOTAL. PROJECT COST ESTIMATE $150,000  $116,700 $3,500 $10,000 $5,000 $7,400 $7,400