NC - Garner: TOWN COUNCIL MEETING

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TOWN COUNCIL MEETING

TOWN OF GARNER

TOWN COUNCIL MEETING

Garner Town Hall 900 7th Avenue

Garner, NC 27529

Town of Garner Town Council Agenda

A reception for the 2019 James R. Stevens Service to Garner Award Recipient will be held in the Town Hall Training Room at 5:30 p.m. The Council will meet in regular session at 7:00 p.m. in the Garner Town Hall located at 900 7th Avenue.
Tagged Passions:training

A.
CALL MEETING TO ORDER/ROLL CALL: Mayor Ronnie Williams The Council will call for a brief recess at 9:00 p.m.

No additional detail provided

Tagged Passions:council

B.
PLEDGE OF ALLEGIANCE: Council Member Buck Kennedy C. INVOCATION: Council Member Buck Kennedy D. PETITIONS AND COMMENTS

This portion of the meeting is to receive comments from the public on items not included in this agenda. Citizens should sign up with the Town Clerk to speak prior to the start of the meeting. The Board is interested in hearing your concerns but may not act or deliberate on the subject matter brought up during the Petitions and Comments segment. Topics requiring further investigation will be referred to the appropriate town officials or staff and may be scheduled for a future agenda.

Tagged Passions:council and hearing

E.
ADOPTION OF AGENDA F. PRESENTATIONS

No additional detail provided

1.
Recognize Pam Wortham for her dedicated service to the Town . Page 5 2. Recognize Buck Kennedy as the recipient of the 2019 James R. Stevens Service to

Garner Award .. Page 6

Tagged Passions:recognition

G.
CONSENT 1. Nuisance Abatements .. Page 7

No additional detail provided

Tagged Passions:abatement

Presenter: David Beck, Finance Director Resolution declaring certain delinquent nuisance abatements as a lien on property. This resolution authorizes Wake County to add these abatement costs to Wake County property tax bills. Action: Consider approving Resolution (2019) 2384

Tagged Passions:finance, taxes, Taxes, abatement, property, and property tax

2.
Town of Garner Police Department Attorney Services Contract . Page 10 Presenter: Brandon Zuidema, Police Chief

The current contract for Police Attorney John Maxfield needs to be updated as he is no longer an employee of the Wake County Sheriff's office, which is indicated in the current contract.

Tagged Passions:legal, contract, public safety, and services

Action: Consider approving contract and authorize the Town Manager to execute

No additional detail provided

Tagged Passions:contract and manager

3.
Standard Contract Services Templates Engineering Department Page 16

Presenter: Chris Johnson, Town Engineer To provide new standard contract and scope of services templates for use on professional engineering projects, as previously presented at the 7/30 Council Work Session.
Tagged Passions:council, contract, and services

Action: Consider approving contract and scope of services templates for use on future engineering projects

No additional detail provided

Tagged Passions:contract and services

4.
Council Meeting Minutes Page 63 Presenter: Stella Gibson, Town Clerk

Council meeting minutes from July 1, July 16, July 30, 2019 and August 5, 2019 and special meeting minutes from June 18 and July 15, 2019.

Action: Consider adopting minutes

5.
Trade Street Paving Public Private Partnership Agreement ..Page 91 Presenter: Chris Johnson, Town Engineer

To consider approval of draft public/private partnership agreement between the Town of Garner and JB Auto Upholstery, LLC for paving of Trade Street.

Tagged Passions:streets, transportation, and trade

Action: Consider approval of agreement

6.
Resolution Declaring Surplus Property .. Page 99 Presenter: David Beck, Finance Director

This Resolution allows the Public Works department to dispose of Police Department Vehicles that are no longer in use.

Tagged Passions:finance, public safety, surplus, Public Works, public works, and property

Action: Consider Adopting Resolution (2019) 2386

No additional detail provided

H.
PUBLIC HEARINGS

No additional detail provided

Tagged Passions:hearing

1.
PD Z 19 03 PD MP 19 03, Oak Park West . Page 103 Presenter: Jeff Triezenberg, Planning Director and David Bamford, Planning Services Manager

Planned Residential conditional use rezoning (PD Z 19 03) with associated master plan (PD MP 19 03) request submitted by Royal Oaks to rezone 189 +/ acres from Single Family Residential (R 40) and Single Family Residential (R 20) to Planned Residential District conditional use (PRD C8) for 600 units (210 townhomes and 390 single family) of household living space. The site is located on the southwest side of New Bethel Church Road and may be further identified as Wake County PINs 1619 84 7756, 1619 84 9320, 1619 93 4708, 1619 93 8515, and 1619 81 5817. Action: Consider adoption of Ordinance (2019) 3991

Tagged Passions:planning, ordinance, streets, zoning, services, church, parks, and manager

I.
NEW/OLD BUSINESS

No additional detail provided

Tagged Passions:business

1.
Bond Issuance Resolution Page 133 Presenter: David Beck, Finance Director

The Town will be selling the final installment of the bonds as approved by referendum in 2013. The total amount for this sale is 7,190,000 (Streets and Sidewalks 6,591,000, Parks and Recreation 599,000).

Tagged Passions:finance, streets, sale, bond, parks, Pedestrian, referendum, and recreation

Action: Consider adopting Resolution (2019) 2385

No additional detail provided

2.
PRCR Comprehensive Plan Update .. Page 151 Presenter: Sonya Shaw, PRCR Director

An update will be provided on progress with the PRCR Comprehensive Plan, Meadowbrook and Yeargan Properties. Remaining tasks scheduled August December 2019 will be covered.

Tagged Passions:strategic

Action: No action required

3.
Contract for Master Planning of Yeargan Property First Phase .. Page 162 Presenter: Sonya Shaw, PRCR Director

As part of the conceptual planning process for Yeargan Property, McAdams will conduct a Due Diligence Study in the initial planning phase A of this project. Fees for these services total 12,705.00. Action: Consider authorizing the Town Manager to sign agreement

Tagged Passions:planning, contract, services, property, and manager

4.
Mowing Contract for Yeargan Property Page 168 Presenter: Forrest Jones, Public Works Director

No additional detail provided

Tagged Passions:contract, Public Works, public works, and property

Public Works contacted three vendors about mowing the Yeargan Property on an on call basis. We received two responses. Barefoot Associates Inc at 2,850.00 per mow and the low bidder was Carolina Curb Appeal at 1,105.00 per mow. Davis Landscape declined to submit a quote. Currently there is no budgeted funds for this contract.

No additional detail provided

Tagged Passions:rfp, RFP, funding, budget, contract, Public Works, public works, property, and buildings and grounds

Action: Consider approving a contract a contract with Carolina Curb Appeal for on call mowing of the Yeargan property not to exceed 6,630.00

Tagged Passions:contract and property

5.
UDO 19 02, Fee in Lieu of UDO Requirements Update .. Page 169 Presenter: Jeff Triezenberg, Planning Director

Text amendment submitted by the Planning Department and Town Attorney's office requesting an amendment to the text of the Unified Development Ordinance to update conditions under which the Town may accept a fee in lieu of certain requirements, including the construction of street infrastructure and the dedication of land for the development of public parks.

Tagged Passions:planning, ordinance, construction, legal, streets, development, parks, Development, UDO, and Fee-in-lieu

Action: Consider referring to Planning Commission for recommendation

No additional detail provided

Tagged Passions:planning and boards and commissions

6.
Agreement and Contract Garner Transit Planning Study Page 174

Presenter: Jeff Triezenberg, Planning Director Engineering scope of work and fee submitted by Kimley Horn, a Town approved on call transportation planning and design service consultant, at the request of Town staff to complete a transit study for the Town to investigate circulator route options and potential connections to activity centers including the Amazon Fulfilment Center. The project will also include a study of connections to Wake Transit planned improvements for Bus Rapid Transit (BRT) and Commuter Rail Transit (CRT). Action: Consider authorizing the Town Manager to execute contract and CAMPO agreement for the Garner Transit Planning Study

Tagged Passions:planning, contract, Public Transit, transportation, services, manager, and internet retailers

J.
COMMITTEE REPORTS

No additional detail provided

K.
MANAGER REPORTS 1. garner info 2. Finance Report 3. Available Housing Stock Report

No additional detail provided

Tagged Passions:finance, manager, and housing

L.
ATTORNEY REPORTS

No additional detail provided

Tagged Passions:legal

M.
COUNCIL REPORTS

No additional detail provided

Tagged Passions:council

N.
ADJOURNMENT

No additional detail provided

Town of Garner Town Council Meeting

Agenda Form Meeting Date: Subject: Location on Agenda: Department: Contact: Presenter: Brief Summary:

Recommended Motion and/or Requested Action:

Detailed Notes: Funding Source: Cost: One Time: Annual: No Cost: Manager s Comments and Recommendations: Attachments Yes: No: Agenda Form Reviewed by: Initials: Comments: Department Head: Finance Director: Town Attorney: Town Manager: Town Clerk:

Tagged Passions:funding, finance, legal, and manager

Recognition of Pam Wortham

Administration Rodney Dickerson, Town Manager Rodney Dickerson, Town Manager Recognize Pam Wortham for her dedicated service to the Town.
Tagged Passions:recognition and manager

Presentation only

SG RD Presentations

Town of Garner Town Council Meeting

Agenda Form Meeting Date: Subject: Location on Agenda: Department: Contact: Presenter: Brief Summary:

Recommended Motion and/or Requested Action:

Detailed Notes: Funding Source: Cost: One Time: Annual: No Cost: Manager s Comments and Recommendations: Attachments Yes: No: Agenda Form Reviewed by: Initials: Comments: Department Head: Finance Director: Town Attorney: Town Manager: Town Clerk: James R. Stevens Service to Garner Award Administration Stella Gibson, Town Clerk Mayor Ronnie Williams, Committee Chair

Tagged Passions:funding, finance, legal, and manager

Recognize Council Member Buck Kennedy as the recipient of the 2019 James R. Stevens Service to Garner award.

No additional detail provided

Tagged Passions:recognition and council

Presentation only

SG RD Presentations

Town of Garner Town Council Meeting

Agenda Form Meeting Date: Subject: Location on Agenda: Department: Contact: Presenter: Brief Summary:

Recommended Motion and/or Requested Action:

Detailed Notes: Funding Source: Cost: One Time: Annual: No Cost: Manager s Comments and Recommendations: Attachments Yes: No: Agenda Form Reviewed by: Initials: Comments: Department Head: Finance Director: Town Attorney: Town Manager: Town Clerk: Nuisance Abatements

Tagged Passions:funding, finance, legal, abatement, and manager

Finance David Beck, Finance Director

David Beck, Finance Director Resolution declaring certain delinquent nuisance abatements as a lien on property. This resolution authorizes Wake County to add these abatement costs to Wake County property tax bills.
Tagged Passions:finance, taxes, Taxes, abatement, property, and property tax

Consider Adopting Resolution (2019) 2384

DCB DCB RD Consent

Return to: Stella Gibson Town of Garner 900 7th Avenue Garner, NC 27529

RESOLUTION NO. (2019) 2384

A
RESOLUTION ASSESSING THE COST OF ABATEMENT AGAINST THE PROPERTY ON WHICH THE NUISANCE EXISTED

WHEREAS, the Town Council of the Town of Garner, pursuant to Chapter 160A of the North Carolina General Statutes and Chapter 6, Section 23 of the Town Code of the Town of Garner Ordinances has the authority to prevent, abate and declare unlawful nuisances and to make the cost of said abatement a lien against the premises where the nuisances existed, said liens to be collected in the nature of property taxes; and, WHEREAS, the Town of Garner has abated nuisances on the below referenced

Tagged Passions:ordinance, council, taxes, Taxes, abatement, property, and property tax

properties in accordance with the Town Code referred to and has been unable to recover the abatement costs from the stated property owners; and,

No additional detail provided

Tagged Passions:abatement and property

WHEREAS, pursuant to North Carolina General Statutes 160A-193 the costs of

the abatement involved with the abatement as well as the expenses of the action are a lien on the premises in the nature of a tax, which pursuant to North Carolina General Statutes 105-365.1 can be collected by a tax collector using the remedies provided by law; NOW, THEREFORE BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF GARNER hereby confirms the cost of the abatement of the nuisances set out herein, pursuant to the General Statutes above referenced, confirms the same as liens against the premises, and requests the Wake County Tax Collector to collect the same in the nature of unpaid taxes:

Tagged Passions:council, taxes, Taxes, and abatement

LOCATION PROPERTY OWNER(S) REAL ESTATE ID COST__

Tagged Passions:property

803 Delbridge ST Tuan Ly 53643 162.16

300 W. Garner RD Joel J Robinson HEIRS 62062 234.32 Abraham C. Sanders HEIRS

No additional detail provided

312 W. Garner RD John Woods SR HEIRS 79557 201.38

No additional detail provided

111 Johnson ST Patsy Lowe 42846 464.89

113 Johnson ST Patsy Lowe 42847 596.71

1502 Meadowbrook DR David R. Penny 51547 224.32

149 Pasadena RD AMH NC Properties LP 339590 100.00

1008 Phillip ST Cheryl Henson 26698 227.32

1205 Southerlund RD AM Raleigh LLC 47350 227.32

No additional detail provided

1802 Spring DR John David Benz 81604 965.52

1300 Timber DR Charles Jones 92164 909.30

This resolution shall become effective upon adoption, recorded at the Wake County Registry and a copy thereof forwarded to the Tax Collector for Wake County. Duly adopted this the 5th day of August, 2019. (Town Seal) ____________________________ Ronnie S. Williams, Mayor ATTEST:
Tagged Passions:taxes and Taxes

_____________________________ Stella L. Gibson, Town Clerk

Town of Garner Town Council Meeting

Agenda Form Meeting Date: Subject: Location on Agenda: Department: Contact: Presenter: Brief Summary:

Recommended Motion and/or Requested Action:

Detailed Notes: Funding Source: Cost: One Time: Annual: No Cost: Manager s Comments and Recommendations: Attachments Yes: No: Agenda Form Reviewed by: Initials: Comments: Department Head: Finance Director: Town Attorney: Town Manager: Town Clerk: New Contract for Police Attorney

Tagged Passions:funding, finance, legal, contract, public safety, and manager

Police Department Chief Zuidema/Tracey Hamilton

Brandon Zuidema, Police Chief The current contract for Police Attorney John Maxfield needs to be updated as he is no longer an employee of the Wake County Sheriff's office, which is indicated in the current contract.

Tagged Passions:legal, contract, and public safety

Adoption of new contract

Approved in FY 19-20 budget 12,000 Attorney will provide law enforcement specific advice and guidance. BVZ RD Consent
Tagged Passions:legal, budget, contract, and public safety

TOWN OF GARNER, NORTH CAROLINA 900 SEVENTH AVENUE

GARNER, NORTH CAROLINA 27529 www.garnernc.gov Contract to retain Mr. John Maxfield, Attorney-at-Law for 24-Hour Law Enforcement Legal Support Agreement made by and between the Town of Garner (hereinafter the Town ) and Mr. John Maxfield, Attorney-at-Law; (hereinafter the Attorney ) for services to be provided to the Garner Police Department (hereinafter the Department ). SECTION ONE PURPOSE AND NATURE OF EMPLOYMENT In recognition of the legally-intensive and high-consequence nature of police supervisory decision- making, the Town employs the Attorney to provide legal consultation services in support of the performance demands placed upon the Department operating in an increasingly complex justice system. Under this Agreement, consultation provided to the Department by the Attorney will generally pertain to the following areas: 1) Real-time or tactical legal needs arising under either of two circumstances: a) Criminal investigations for which real-time police decision-making requires or may be enhanced by the judgment and intervention of skilled police counsel, with the objective of maximizing the ultimate admissibility of criminal evidence or probability of a successful court prosecution; or b) Legal uncertainty arising as the result of any other law enforcement tactical situation, law enforcement response incident, or law enforcement circumstance (including police personnel matters and civil process) for which imminent police action or supervisory-level decision-making may expose the Department, its agents and employees to civil liability risk. By the terms of this Agreement, the Attorney shall be available for real-time law enforcement legal consultation 24-hours a day, 365 days a year, with prior notice to the Department of any absence or leave for holiday, sick time, day off, or other interruption of service (barring extraordinary and unforeseen circumstances). The Attorney shall be prepared for continuous availability for the immediate and real-time consultation needs of the Department, to include maintaining law enforcement legal subject matter expertise as well as continuous telephone access, maintaining access to essential legal resource materials at all times (including while away from the office ), and by taking such other and further steps as may be expeditious in meeting the continuously on call demands of the Department's reasonable expectations under this Agreement.
Tagged Passions:recognition, legal, personnel, contract, public safety, materials, risk, services, performance, employment, holiday, and court

2) The Attorney shall give notice to the Department prior to accepting any other employment (full or

part-time) so that the Department can evaluate any impact other employment may have on the Attorney s ability to meet the requirements of this Agreement. 3) Legal update The Attorney will provide the Department's Annual Legal Update Training Seminars in compliance with State Mandated Legal Update In-Service requirements, as appropriate. This will normally require the legal update seminar repeated in-person for five (5) separate training sessions. The Attorney agrees to allow the seminar to be videotaped for use in providing training to Department employees unable to attend one of the scheduled sessions; the Department agrees not to use the recording for any other purpose.
Tagged Passions:legal, employment, training, and compliance

4) Legal consultation for Department policy and/or Town ordinance development

The Attorney will provide legal advice on the development and/or modification of Department policy to ensure compliance with State and Federal law and to encourage conformance to professional law enforcement practices and standards. The Attorney will provide legal advice on the development and/or modification of Town ordinances to ensure compliance with State and Federal law and to encourage conformance to Town Council expectations and to Wake County and North Carolina practices and standards.

Tagged Passions:ordinance, council, legal, development, public safety, Development, compliance, and policy

As necessary to keep legal fees affordably priced for the Town, the parties agree as follows: This legal services Agreement is principally for the Department's legal needs as outlined above and is not specifically designed for consultative-type services requiring extensive legal research, drafting, travel, or conferencing. In the event the Department desires consultation services in a manner exceeding the provisions of this Agreement, the Attorney may bill such work on an hourly basis at a rate agreed to in advance by the Town and the Attorney. No such billing will occur unless the Attorney has first notified the Department that the legal consultation is outside the scope of this Agreement and has separately negotiated such services with the Department in advance by written engagement letter or fee proposal, signed by the Department. Upon request, the Attorney will provide the Department with a written statement setting forth an updated description of non-tactical legal work performed, together with a time record of hours expended on such services.

Department requests for tactical real-time legal services will be handled by the Attorney without limitation, regardless of the number of such requests received, their complexity, or the day of week or time of day such requests are initiated. These requests for service will be handled in real-time by the Attorney around- the-clock. Department telephone calls to the Attorney's cellular phone, regardless of nature, will be received immediately by the Attorney unless the Attorney has previously made notification to the Department as previously outlined in Section One, Sub-Section One. Legal consultation shall generally be by telephone. In the event of a legal consultation need for which the Department desires assistance, the Department shall contact the Attorney's cellular phone. The Attorney undertakes to provide legal consultation and advice consistent with prevailing legal standards, not necessarily the Department's internal policy and procedure. The Department will conform the legal advice provided to more restrictive internal policy and procedure should such be necessary or appropriate in the judgment of the Department. The parties agree that law enforcement legal inquiries not requiring real-time analysis, including matters that can be more leisurely or effectively referred to the offices of district attorneys, attorneys general, or the Town Attorney should ordinarily be directed to those offices for resolution in accordance with their standard operating hours and practices. The parties agree and understand that such coordination of services is for the universal benefit of the parties while ensuring that 24-hour police consultation services remain practical, affordable, and cost-effective. In recognition of the importance of the law enforcement command structure, the Attorney and the Department agree that it may be advisable for officers to first attempt to resolve legal uncertainties with an immediate supervisor prior to seeking to initiate services under the Agreement. Further, the Chief of the Department in his judgment may elect to designate a specific command level threshold (such as Lieutenant or Deputy Chief) through which authorization must be granted in order to initiate services under the Agreement. The parties agree that this Agreement is not an employment contract and that the Attorney is not and will not be an employee of the Town or the Department. SECTION TWO LIMITATION OF REPRESENTATION

Tagged Passions:grant, recognition, legal, travel, contract, public safety, procedure, services, events, employment, and policy

The parties understand and agree that the Attorney's services on behalf of the Department shall be limited to those activities delineated in Section One above. It is expressly agreed that the Attorney will not serve as trial counsel, or otherwise undertake to replace the services ordinarily available through the office of the Town Attorney, district attorneys, or other government counsel offices operating on standard schedules.

As the legal services to be provided under this Agreement may tend to be emergency in nature and the Department will ordinarily be seeking expedited if not instantaneous legal opinions to guide its prospective and imminent law enforcement actions, it is further acknowledged and expressly agreed by all parties that the Attorney will undertake to provide expedited legal opinions in such instances, and that the Attorney may and will formulate and communicate such legal opinions on the spot without the benefit of the incident- specific legal research opportunities and time-intensive deliberations and reflections customary in conventional private practice settings. SECTION THREE
Tagged Passions:legal, public safety, services, and emergency

CONFLICT OF INTEREST

The Department and the Attorney acknowledge that in the course of a given legal inquiry, the legal interests of the Department and the legal interests of individual officer(s) may potentially conflict. In such circumstance the Attorney will provide legal consultation that in their judgment will serve the best interests of the Department. The Attorney does not undertake to represent the legal interests of individual officers where the interests of the officer(s) may be in conflict with those of the Department. SECTION FOUR INDEMNIFICATION The Town agrees to hold harmless and indemnify Attorney for acts or omissions while providing legal services, advice and legal instruction to the Department and individual Department employees and agents and for any claims arising out of or occurring during such legal representation, services, advice and legal instruction, and agrees to pay attorney's fees and reasonable court costs incurred by the Attorney in defending any claim brought because of or attributable to the Attorney's providing of legal services, advice and legal instruction pursuant to this Contract and Agreement. The above indemnification of the Attorney by the Town is considered null and void in the event that the Attorney is found to have acted with willful and/or malicious negligence in his acts or omissions attributable to the Attorney's providing of legal representation, services, advice and legal instruction to the Department and individual Department employees and agents SECTION FIVE ATTORNEY'S FEES The Department agrees to pay the Attorney, upon execution of this Agreement, a fee of Twelve Thousand Dollars ( 12,000.00) per year to assure that the Attorney shall be available for the term set forth in Section Six below to provide the legal services and expertise set forth in Section One above. This fee constitutes the full sum payable by the Department for the term of services and will be paid in twelve (12) equal installments throughout the year. This fee is not refundable except as described in this section or in Section Eight below, as it represents a fee for the Attorney's continuous availability and expertise over the life of the Agreement, and is not in the nature of a fee for specific services rendered. [NOTE: The fee would be refundable if for any reason required by the Rules of Professional Conduct of the North Carolina State Bar.] SECTION SIX EFFECTIVE DATE, TERM AND RENEWAL This initial Agreement is an annual Agreement and shall be in effect for the remainder of the current fiscal year (expiring June 30, 2020). This Agreement shall take effect upon the execution of this Agreement by both parties. Absent written notice by either party to terminate this Agreement thirty (30) days prior to its conclusion, this Agreement shall automatically renew July 1 of each year for an additional twelve (12) months. SECTION SEVEN AVAILABILITY OF TELEPHONE SERVICE The Attorney will make reasonable efforts to ensure that he is available by telephone as set forth in Section One above. Availability will include the use of cellular phones as well as conventional landline phones when necessary. Cellular coverage may vary depending on location, terrain, atmospheric conditions, and equipment. The Attorney undertakes to avail himself of the best cellular coverage and equipment possible, but cannot be responsible for coverage problems beyond his control. The Department approves the use of a cellular phone under the terms of this Agreement, accepting these limitations and acknowledging that cellular communications may be intercepted by individuals with certain equipment. The Attorney is responsible for providing a cellular phone at his own cost. SECTION EIGHT TERMINATION
Tagged Passions:equipment, legal, contract, services, events, communications, Communications, instruction, court, and housing

Either party to this Agreement may, at any time, terminate the services described in Section One above, upon notice to the other party. In such event, the parties agree that the Attorney shall return to the Department a pro-rata share of the retainer fee described in Section Five above, based on the portion of the term of this Agreement then remaining.

SECTION NINE NOTICE Any notices required under this Agreement shall be in writing and shall be deemed to have been duly served if delivered in person to the party for whom it is intended, or if delivered at or sent by registered or certified mail to the business address of the person for whom it is intended, as specified in this Agreement. SECTION TEN LAW TO GOVERN CONTRACT This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina. SECTION ELEVEN ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding on either party except to the extent incorporated in this Agreement. SECTION TWELVE MODIFICATION OF AGREEMENT

Tagged Passions:business, legal, contract, services, and events

Except as otherwise provided by Section Nine above, any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if in writing signed by each party or an authorized representative of each party.

IN WITNESS WHEREOF, EACH PARTY TO THIS AGREEMENT HAS CAUSED IT TO BE EXECUTED AT GARNER, NORTH CAROLINA, ON THE DATES INDICATED BELOW.

MR. JOHN MAXFIELD, ATTORNEY-AT-LAW

No additional detail provided

Tagged Passions:legal

BY: _______________________________________________ John Maxfield (Date) Attorney-At-Law

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TOWN OF GARNER

BY: ________________________________________________ Rodney Dickerson (Date) Town Manager

Tagged Passions:manager

Town of Garner Town Council Meeting

Agenda Form Meeting Date: Subject: Location on Agenda: Department: Contact: Presenter: Brief Summary:

Recommended Motion and/or Requested Action:

Detailed Notes: Funding Source: Cost: One Time: Annual: No Cost: Manager s Comments and Recommendations: Attachments Yes: No: Agenda Form Reviewed by: Initials: Comments: Department Head: Finance Director: Town Attorney: Town Manager: Town Clerk: Standard Contract Services Templates Engineering Chris Johnson

Tagged Passions:funding, finance, legal, contract, services, and manager

Chris Johnson, PE - Town Engineer

To provide new standard contract and scope of services templates for use on professional engineering projects, as previously presented at the 7/30 Council Work Session. Consider approving contract and scope of services templates for use on future Engineering projects.

Tagged Passions:council, contract, and services

At Council's request, staff has provided several standardized templates to assist with professional services contracts in the engineering field. The templates consist of 1) standard contract template, 2) contract amendment template, 3) master agreement template (on-call projects only), 4) statement of work template (on-call projects only), and 5) scope of services template. Staff have incorporated all changes based on comments previously received by Council members at the July 30 Council Work Session.

No additional detail provided

Tagged Passions:council, contract, and services

N/A

CJ RD Consent

Town of Garner 900 7th Avenue, Garner, NC 27529

Phone 919-772-4688 * Fax 919-662-8874 www.GarnerNC.gov TO: Rodney Dickerson, Town Manager FROM: Chris Johnson, PE Town Engineer DATE: July 22, 2019 SUBJECT: Standardization of Professional Service Contracts Engineering Department __________________________________________________________________________________________________ The Town Council has previously expressed a desire to standardize the professional services contracts drafted between engineering consultants and the Town of Garner to improve consistency and efficiency of contract execution, as well as to eliminate each contract from following a different style template based on the consultant awarded each project. This past issue has been the result of allowing consultants to draft a contract using their own standard format and typically also following their terms and conditions rather than the Town drafting its own standard templates. Engineering staff has attached new standard contract templates that have been reviewed by Engineering, Purchasing, and the Town Attorney s Office for review and approval. The On call Master Agreement that was recently utilized for the on call contract recently awarded to Arcadis, and the Statement of Work Template was also used with Arcadis in conjunction with the Lake Drive Widening project. There were only a few minor comments by the engineering firm prior to final execution using the new template. These templates are also derived from similar templates used at the City of Raleigh, which have been commonly used over the past decade along with periodic updates/revisions as required to address rollout of new legal requirements at the State and Federal levels, such as E Verify, Iran Divestment Act, etc. Staff has also drafted a standard template to be used for scope of services on street and sidewalk projects. This template will serve to address similar consistency issues related to how the Town wishes for consultants to scope and price engineering projects for the Town of Garner. The intent of a standard scope of services template is to also reduce scoping inconsistencies from project to project, and to reduce the number of supplemental agreement(s) required on professional service contracts due to omission of basic services and/or improper project scoping at the time of the initial professional services agreement execution. This scope has not been used to date, but also mirrors a similar scope of services used by the City of Raleigh for several years on street sidewalk projects. Therefore, this template has been used with long term success on similar style projects. RECOMMENDATION: Receive as information and advise if there are any items that Council wishes to add/delete/modify before these templates are utilized on additional future projects. Attachments:
Tagged Passions:council, legal, streets, contract, services, purchasing, manager, government efficiency, and Pedestrian

1.
Professional Services Contract Template 2. Contract Amendment Template 3. On call Master Agreement Template (on call projects only) 4. Statement of Work Template (on call projects only) 5. Scope of Services Template (street and sidewalk projects)

Rev. 8/1/19

Tagged Passions:streets, contract, services, and Pedestrian

1
NORTH CAROLINA WAKE COUNTY

CONTRACT FOR ENGINEERING SERVICES

THIS CONTRACT is entered into by and between __________________________ hereinafter referred to as the Engineer and the Town of Garner, a North Carolina municipal corporation. hereinafter referred to as the Town . WITN ESSETH WHEREAS, the Town desires to procure an Engineer to perform services, and WHEREAS, the Town has completed necessary steps for retention of professional and other services under applicable Town policies, and WHEREAS, the Town has agreed to engage the Engineer and the Engineer has agreed to contract with the Town for performance of services as described, and according to the further terms and conditions, set forth herein. NOW THEREFORE, in consideration of sums to be paid to the Engineer, and other good and valuable consideration the Engineer and Town do contract and agree as follows:
Tagged Passions:contract, services, and performance

1.
Scope of Services/Description of Project [Add Project Description]

The Engineer will serve as the Town's professional engineering representative in those tasks of the project to which this Contract applies and will give consultation and advice to the Town during the performance of their services. The Engineer will provide services as described in the following Exhibits, which are attached to and made part of this Contract. Scope of Services and Schedule of Fees. The Engineer now has or will secure at their expense, including subconsultants, all personnel and facilities required to perform the services to be rendered under this Contract. Such personnel are not employees of, nor have they any direct contractual relationship with the Town. The Engineer is authorized to engage subconsultants, including surveyors, geotechnical and materials testing firms, to assist in the work included under this Contract to the extent such services are included herein. No subcontract work is authorized for which the Town will incur any costs beyond those agreed upon and set forth in Section 4. Rev. 8/1/19

Tagged Passions:personnel, contract, materials, services, and performance

2
2. Services Provided by the Town It is understood that certain services as required may be performed and/or furnished by the Town These services may include the following:

Assist the Engineer by placing at their disposal all available information pertinent to the project, including previous reports and other relative data; Assist in gaining access to and making all provisions for the Engineer to enter upon public and private property as required for performance of their services described herein;
Tagged Passions:services, performance, and property

Examine all studies, reports, sketches, drawings, specifications, proposals and other documents prepared by the Engineer, obtaining advice of legal counsel and/or such other consultants as the Town deems appropriate for such examination and rendering in writing decisions pertaining thereto within a reasonable time so as not to delay the service of the Engineer;

Giving prompt written notice to the Engineer whenever the Town observes or otherwise becomes aware of any problems or changed circumstances in the project; Furnishing the Engineer in a timely manner with copies of pertinent correspondence relating to this project, which would not have otherwise been delivered to the Engineer; Designate in writing a person to act as the Town's representative with respect to the work to be performed under this Contract, such person(s) shall have complete authority to transmit instructions, receive information, interpret and define Town's policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this Contract; The Town shall provide to the Engineer such information as is available to the Town for rendering of services hereunder. The Engineer may rely on the sufficiency of such information; Insofar as any of the above services are necessary for the Engineer's performance of their obligations under this Contract the Town shall be responsible for providing such services in a satisfactory and timely manner so as not to delay the Engineer in their performance thereof.
Tagged Passions:equipment, legal, contract, materials, services, performance, and instruction

3.
Schedule/Time of Performance The work to be performed and the services rendered under this Contract shall commence as directed by the Town. In performing the services described in this Contract, it is mutually agreed that time is of the essence. The Engineer shall commence work upon receipt of written notice to proceed from the Town.

The Engineer shall provide Preliminary Plans to the Town within ______ calendar days following receipt of written notice to proceed from the Town. The Engineer shall provide 65 construction plans within ______ calendar days following notification of approval of the Preliminary Plans from the Town. Engineer shall provide all finalized right-of-way plats to the Town within ______ calendar days following notification of approval of the 65 plans. Preliminary plats may be produced prior to approval of the 65 plans for use in appraisal work by the Town. The Engineer shall provide plans completed to approximately 65 state Rev. 8/1/19

Tagged Passions:construction, contract, zoning, services, and performance

3
and the finalized right-of-way plats for approval by Town Council at a Project Public Hearing.

The Engineer shall provide final completed construction plans and documents to the Town within ______ calendar days following Town Council authorization of the final design and right-of-way acquisition. The Engineer shall not be held responsible for any delays in time of completion resulting from: The Town s failure to carry out any of the responsibilities listed under Section 2 in a timely manner; Failure of approving agencies to provide timely approval of permit and encroachment applications;
Tagged Passions:construction, council, zoning, hearing, and encroachment

Additional Services; Any other Circumstances beyond the reasonable control of the Engineer including but not

limited to natural disasters, adverse weather, or acts of the Town, third parties, or other governmental agencies.

Tagged Passions:services

4.
Compensation/Time of Payment For services to be performed hereunder the Town shall pay the Engineer a lump sum not to exceed _____________________.

No additional detail provided

Tagged Passions:compensation and services

For all services rendered under Article I of the Scope of Services, excluding subsurface

No additional detail provided

Tagged Passions:services

utility engineering and expenses, the Engineer shall be paid a lump sum amount of _____________________.

For all subsurface utility engineering services rendered under Article I of the Scope of Services, the Engineer shall be compensated at unit costs established in Article I not to exceed ________________.

Tagged Passions:utility, Utility, and services

For all expenses rendered under Article I of the Scope of Services the Engineer shall be

No additional detail provided

Tagged Passions:services

compensated at unit costs established in Article I not to exceed _____________.

For all Alternate Design services rendered under Article III of the Scope of Services, the Engineer shall be paid a lump sum amount for each specific service performed for a total lump sum not to exceed amount of _______________. Requests for payment(s) shall be made as fol lows:

Tagged Passions:services

Fees will be invoiced monthly based upon the percentage of services performed as of the invoice date. The standard Town of Garner payment term is NET 30 days from the date of receipt and approval of the invoice by the Town.

Tagged Passions:services

5.
Standard of Care Engineer shall perform for or furnish to Town professional engineering and related services in all phases of the project to which this Contract applies as hereinafter provided. Engineer shall serve as Town's prime design professional and engineering representative for the project providing professional engineering consultation and advice with respect thereto. Engineer may employ such Engineer's

Rev. 8/1/19

Tagged Passions:contract and services

4
Consultants as Engineer deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder Engineer shall not be required to employ any Engineer's Consultant unacceptable to Engineer.

No additional detail provided

Tagged Passions:services and performance

The standard of care for all professional engineering and related services performed or furnished by Engineer under this Contract will be the care and skill ordinarily used by members of Engineer 's profession practicing under similar conditions at the same time and in the same locality.

No additional detail provided

Tagged Passions:contract and services

6.
Opinions of Probable Construction Cost Engineer s Opinions of Probable Construction Cost provided for herein are to be made based on Engineer's experience and qualifications and represent Engineer s best judgement as an experienced and qualified Professional Engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor s methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by the Engineer. If the Town wishes greater assurance as to probable Construction Cost, Town may employ an independent cost estimator.

No additional detail provided

Tagged Passions:rfp, RFP, construction, equipment, market, materials, and services

7.
Notices All notices, requests for payment, or other communications arising hereunder shall be sent to the following:

No additional detail provided

Tagged Passions:communications and Communications

Town of Garner [Company Name] Attn: ______ Attn: Telephone: ______ Telephone: 900 7th Avenue Address: Garner, NC 27529

8.
Non-discrimination In consideration of the signing of this Contract, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract, no matter how remote.

9. Minority or Women Owned Businesses The Town of Garner prohibits discrimination i n any manner based on race, color, creed national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The Town of Garner has adopted a goal of 10 for participation by minority or women-owned businesses to reach the above stated goal. The percentage of MWBE business participation engaged in this contract based on total contract amount is proposed to be 10 . Any variation from this amount is to be immediately conveyed to the Town by written notice. Rev. 8/1/19
Tagged Passions:business, contract, discrimination, and policy

5
10. Assignment Neither the Town nor the Engineer will assign, sublet, or transfer their interest duties, or obligations hereunder without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it create any rights or benefits to parties other than the Town and the Engineer, except such other rights as may be specifically called for herein.

11.
Applicable Law/Forum/Mediation All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division. Participation in a non-binding mediation is a condition precedent to filing any lawsuit arising out of this Contract.

No additional detail provided

Tagged Passions:legal, contract, and court

12.
Insurance Engineer agrees to maintain, on a primary basis and at their sole expense, at all times during the life of this Contract the following coverages and limits. The requirements contained herein, as well as Town's review or acceptance of insurance maintained by Engineer is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Engineer under this Contract.

No additional detail provided

Tagged Passions:contract and insurance

Commercial General Liability - Combined single limit of no less than 1,000,000 each occurrence and 2,000,000 aggregate Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability.

No additional detail provided

Tagged Passions:commercial

Automobile Liability - Limits of no less than 1,000,000 Combined Single Limit Coverage shall include liability for Owned, Non-Owned and Hired automobiles In the event Engineer does not own automobiles, Engineer agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on a Town of Garner site. Worker's Compensation Employers Liability - Engineer agrees to maintain Worker s Compensation Insurance in accordance with North Carolina General Statute Chapter 97 and Employers Liability insurance with limits of no less than 1,000,000 each accident, each employee and policy limit Waivers of Indemnity are not recognized by the North Carolina Department of Insurance and will not be accepted by the Town of Garner.

Additional Insured - Engineer agrees to endorse the Town as an Additional Insured on the Commercial General Liability and any insurance coverage obtained in addition to those set forth herein. The Additional Insured shall read Town of Garner as its interest may appear.
Tagged Passions:compensation, recognition, contract, transportation, services, events, insurance, commercial, and policy

Certificate of Insurance - Engineer agrees to provide the Town a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Engineer's insurer If Engineer receives a non-renewal or cancellation notice from an insurance earner affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Engineer agrees to notify the Town

Rev. 8/1/19

Tagged Passions:insurance

6
within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance The Certificate Holder address should read:

Tagged Passions:business and compliance

Town of Garner Town Manager 900 7th Avenue Garner, NC 27529

Tagged Passions:manager

Umbrella or Excess Liability - Engineer may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest 'Each Occurrence' limit for required policies Engineer agrees to endorse Town of Garner as an 'Additional Insured on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a 'Follow-Form basis.

No additional detail provided

Tagged Passions:insurance and policy

Professional Liability - Limits of no less than 1,000,000 each claim.

All insurance companies must be admitted to do business in North Carolina and be acceptable to the Town of Garner. If the insurance company(s) is a permitted surplus lines insurer, the insurance company name, and NAIC number must be submitted to the Town for approval before commencing work. Engineer shall be required to provide the Town no less than thirty (30) days notice of cancellation, or any material change, to any insurance coverage required by this Contract. A Certificate of Insurance (COI) must be issued by an authorized representative of the insurance carrier(s). Certificates of Insurance must have the Insurance Company name and NAIC number clearly identified. The acceptance of or the review of Certificates of Insurance by the Town of Garner does not relieve Engineer of any requirements in the contract to provide specific insurance coverage required by the contract, nor does the acceptance of or review of Certificates of Insurance covenant all insurance requirements have been met. 13. Indemnity To the fullest extent permitted by law, the Engineer shall indemnify, defend and hold harmless the Town and each of the Town's officers, officials, employees, agents and independent contractors (excluding the Engineer) from and against any and all losses, damages, costs, expenses (including attorneys' fees), obligations, duties, fines penalties, royalties, interest charges and other liabilities (including settlement amounts) paid or incurred by any of them as a result of any claims, demands, lawsuits, actions, or proceedings (i) arising from the Engineer's failure to perform its obligations under this Contract, (ii) arising from any act of negligence or willful misconduct by the Engineer or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible, (iii) arising from the Engineer's violation of any law (including, without limitation, immigration laws), (iv) seeking payment for labor or materials purchased or supplied by the Engineer or its subcontractors in connection with this Contract, (v) any claim that the Engineer or an employee or subcontractor of the Engineer is an employee of the Town, including but not limited to claims relating to worker's compensation, failure to withhold taxes and the like, or (vi) alleging Rev. 8/1/19
Tagged Passions:compensation, business, legal, taxes, Taxes, contract, materials, surplus, insurance, purchasing, property, Immigration, and settlement

7
violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Work or any products or deliverables provided to the Town pursuant to this Contract ( Infringement Claims ). If an Infringement Claim occurs, the Engineer shall either (i) procure for the Town the right to continue using the affected product or service, or (ii) repair or replace the infringing product or service so that it becomes non-infringing, provided that the performance of the overall product(s) and service(s) provided to the Town shall not be adversely affected by such replacement or modification. If the Engineer is unable to comply with the preceding sentence within thirty (30) days after the Town is directed to cease use of a product or service, the Engineer shall promptly refund to the Town all amounts paid under this Contract. Nothing herein is intended to require of a design professional any duty from which such design professional is relieved by S2019 -92, HB 871.

No additional detail provided

Tagged Passions:contract, performance, and trade

14.
Intellectual Property Any information data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the Engineer under this Contract shall be kept as confidential proprietary information of the Town and not divulged or made available to any individual or organization without the prior written approval of the Town Such information, data, instruments, documents, studies, reports or deliverables will be the sole property of the Town and not the Engineer.

The Engineer shall maintain the right of reuse to any drawings or specifications provided or furnished by the Engineer. The Town acknowledges that such drawings or specifications are not intended or represented to be suitable for reuse by the Town or others on extensions of the project or on any other project. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks, and trade secrets invented, developed, created, or discovered in performance of this Contract shall be the property of the Town.

Tagged Passions:contract, performance, property, and trade

Copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographic designs, text, software, or documentation created as part of the Engineer's performance of this project shall vest in the Town. Work of authorship and contributions to works of authorship created by the Engineer s performance of this project are hereby agreed to be 'works made for hire' within the meaning of 17 USC 201.

15. Force Majeure Except as otherwise provided i n any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision. Rev. 8/1/19

Tagged Passions:regulation, ordinance, arts, University of South Carolina, contract, services, events, performance, electric, environment, information technology, nuclear, and Information Technology

8
16. Advertising The Engineer shall not use the existence of this Contract, or the name of the Town of Garner, as part of any advertising.

Tagged Passions:contract and advertising

17.
Cancellation The Town may terminate this Contract at any time by providing thirty (30) days written notice to the Engineer. In addition, if Engineer shall fail to fulfill in timely and proper manner the obligations under this Contract for any reason, including the voluntary or involuntary declaration of bankruptcy, the Town shall have the right to terminate this Contract by giving written notice to the Engineer and termination will be effective upon receipt. Engineer shall cease performance immediately upon receipt of such notice.

In the event of early termination, Engineer shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to the Town. Notwithstanding the foregoing, in no event will the total amount due to Engineer under this section exceed the total amount due Engineer under this Contract. The Engineer shall not be relieved of liability to the Town for damages sustained by the Town by virtue of any breach of this Contract, and the Town may withhold any payment due to the Engineer for the purpose of setoff until such time as the Town can determine the exact amount of damages due the Town because of the breach.

Tagged Passions:compensation, contract, events, and performance

Payment of compensation specified in this Contract its continuation or any renewal thereof is dependent upon and subject to the allocation or appropriation of funds to the Town for the purpose set forth in this Contract.

Tagged Passions:compensation, funding, and contract

18.
Laws/Safety Standards The Engineer shall comply with all laws ordinances codes, rules, regulations, safety standards and licensing requirements that are applicable to the conduct of its business including those of Federal, State and local agencies having Jurisdiction and/or authority.

No additional detail provided

Tagged Passions:regulation, ordinance, and business

Engineer must comply with North Carolina Occupational Safety and Health Standards for General Industry, 29 CFR 1910. In addition, Engineer shall comply with all applicable occupational health and safety and environmental rules and regulations. Engineer shall effectively manage their safety and health responsibilities including:

No additional detail provided

Tagged Passions:health, regulation, and environment

A.
Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Engineer managers and supervisors shall ensure personnel safety by strict adherence to established safety rules and procedures.

No additional detail provided

Tagged Passions:personnel, procedure, and manager

B.
Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations.

C. Employee Education and Training Provide education and training to all Engineers employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. Rev. 8/1/19

Tagged Passions:regulation, Conservation, environment, training, compliance, and education

9
19. Applicability of North Carolina Public Records Law Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the Town by the Engineer are subject to the public records laws of the State of North Carolina and it is the responsibility of the Engineer to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the Town. Engineer understands and agrees that the Town may take any and all actions necessary to comply with federal, state, and local laws and/or Judicial orders and such actions will not constitute a breach of the terms of this Contract. To the extent that any other provisions of this Contract conflict with this paragraph, the provisions of this section shall control.

Tagged Passions:contract, materials, trade, and public records

20.
Miscellaneous The Engineer shall be responsible for the proper custody and care of any property furnished or purchased by the Town for use in connection with the performance of this Contract and will reimburse the Town for the replacement value of its loss or damage.

The Engineer shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Engineer represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual relationship with the Town. This Contract may be amended only by written agreement of the parties executed by their authorized representatives.

Tagged Passions:personnel, contract, services, performance, purchasing, and property

21.
Right of Audit and Examination of Records The Town of Garner may conduct an audit of Engineer s financial performance and compliance records maintained in connection with the operations and services performed under this Contract. In the event of such an audit, Engineer agrees to provide the Town with reasonable access to Engineer s employees and make all such financial performance and compliance records available to the Town. The Town agrees to provide the Engineer with an opportunity to discuss and respond to any findings before a final audit report is issued. Records shall be made available for three (3) years after the final payment.

No additional detail provided

Tagged Passions:finance, contract, services, events, performance, compliance, and audit

a.
The Town may conduct an audit of any services performed and fees paid subject to this Contract. The Town, or its designee, may perform such an audit throughout the contract period and for three (3) years after termination thereof or longer if otherwise required by law.

No additional detail provided

Tagged Passions:contract, services, and audit

b.
The Engineer and its agents shall maintain all books, documents, papers, accounting records,

No additional detail provided

contract records and such other evidence as may be appropriate to substantiate costs incurred under this Contract. The Town, or its designee, shall have the right to, including but not limited to: review and copy records; interview current and former employees; conduct such other investigation to verify compliance with contract terms; and conduct such other investigation to substantiate costs incurred by this Contract.

Rev. 8/1/19

Tagged Passions:contract and compliance

10
c. Records shall be defined as data of every kind and character, including but not limited to books, documents, papers, accounting records, contract documents, information, and materials that, in the Town's sole discretion, relate to matters, rights, duties or obligations of this Contract.

Tagged Passions:contract and materials

d.
Records and employees shall be available during normal business hours upon advanced

written notice. Electronic mail shall constitute written notice for purposes of this section.

e.
Engineer shall provide the Town or its designee reasonable access to facilities and adequate and appropriate workspace for the conduct of audits.

No additional detail provided

Tagged Passions:audit

f.
The rights established under this section shall survive the termination of the Contract, and

No additional detail provided

Tagged Passions:contract

shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment, or the subsequent amendment of this Contract.

No additional detail provided

Tagged Passions:contract

g.
The Engineer shall reimburse the Town for any overcharges identified by the audit within

ninety (90) days of written notice of the Town s findings.
Tagged Passions:audit

22.
E Verify Engineer shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. 64-25 et seq. In addition, to the best of Engineer s knowledge, any subcontractor employed by Engineer as a part of this contract shall be in compliance with the requirements of E-Verify and N.C.G.S. 64-25 et seq.

No additional detail provided

Tagged Passions:security, contract, program, compliance, and Immigration

23.
Iran Divestment Act Certification Engineer certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. 147-86.59, Engineer shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List.

No additional detail provided

Tagged Passions:contract, performance, Treasurer, compliance, and TREASURER

24.
Companies Boycotting Israel Divestment Act Certification Engineer certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81.

No additional detail provided

Tagged Passions:Treasurer and TREASURER

25.
Incorporation of Documents/Complete Agreement This Contract, and any documents incorporated below, represent the entire Contract between the parties and suspend all prior oral or written statements, agreements or Contracts.

Specifically incorporated into this Contract are the following attachments, or if not physically attached, are incorporated fully herein by reference:

Tagged Passions:contract

Scope of Services Schedule of Fees Certificate of Insurance

Rev. 8/1/19
Tagged Passions:services and insurance

11
In cases of conflict between this Contract and any of the above incorporated attachments or references, the terms of this Contract shall prevail.

THIS CONTRACT is entered into this ________day of ______________________, 20______. IN WITNESS WHEREOF, the Engineer has executed the foregoing with the signature(s) of its duly authorized officer(s). under seal, and the Town has executed with the signature of its Town Manager, attested by its (Assistant/Deputy) Clerk, with the official seal affixed, the day and year first above written. ENGINEER TOWN OF GARNER By: By:

Tagged Passions:contract and manager

_____________________ _______________________ Name Rodney Dickerson Title Town Manager

Tagged Passions:manager

(If corporate) ATTEST: ATTEST:

By: By: _____________________ _______________________ Name Stella Gibson Title Town Clerk THIS INSTRUMENT APPROVED AS TO FORM _____________________________ Town Attorney

Tagged Passions:legal

(Affix Corporate Seal) (Affix Town Seal)

CONTRACT AMENDMENT No. This Contract Amendment (the Amendment ) dated the _______day of _____________, 20____ by and between _____________________ (the Company ), and the Town of Garner (the Owner ), collectively the Parties . WHEREAS, the Parties entered into a contract dated [Previous contract date]; and WHEREAS, the Parties wish to amend the original contract; Now, therefore, it is agreed by and between the parties for this Contract Amendment No. to be implemented as set forth below and attached exhibits.

Tagged Passions:contract

1.
SCOPE OF WORK [Details of changes to original scope of work] 2. TIME OF PERFORMANCE [Details of changes to original time of performance.] 3. COST OF WORK [Details of changes to original time of performance.]

No additional detail provided

Tagged Passions:performance

All terms and conditions of the original contract remain in full force except for those changes specifically outlined in this contract amendment.

In Witness hereof, the Parties have executed this Agreement as of the date set forth above. COMPANY TOWN OF GARNER Signed: Signed: ____________________________ ____________________________ Name:______________________ Rodney Dickerson Title: ______________________ Town Manager Witness: Witness: ____________________________ _____________________________ Name:______________________ Stella Gibson Title: ______________________ Town Clerk
Tagged Passions:contract and manager

1
NORTH CAROLINA WAKE COUNTY

CONTRACT FOR ENGINEERING SERVICES

THIS CONTRACT is entered into by and between __________________________ hereinafter referred to as the Engineer and the Town of Garner, a North Carolina municipal corporation. hereinafter referred to as the Town . WITN ESSETH WHEREAS, the Town desires to procure an Engineer to perform services, and WHEREAS, the Town has completed necessary steps for retention of professional and other services under applicable Town policies, and WHEREAS, the Town has agreed to engage the Engineer and the Engineer has agreed to contract with the Town for performance of services as described, and according to the further terms and conditions, set forth herein. NOW THEREFORE, in consideration of sums to be paid to the Engineer, and other good and valuable consideration the Engineer and Town do contract and agree as follows:
Tagged Passions:contract, services, and performance

1.
Scope of Services/Description of Project The Town desires to retain on-call professional engineering services for, related to, and in support of the Town of Garner s Engineering Department. Services may include but are not limited to; study, concept, planning, design and construction for street and sidewalk projects.

The Engineer will serve as the Town's professional engineering representative in those tasks of the project to which this Contract applies and will give consultation and advice to the Town during the performance of their services. The Engineer will provide services as described in the following Exhibits, which are attached to and made part of this Contract: Scope of Services and Schedule of Fees. The Engineer now has or will secure at their expense, including subconsultants, all personnel and facilities required to perform the services to be rendered under this Contract. Such personnel are not employees of, nor have they any direct contractual relationship with the Town. The Engineer is authorized to engage subconsultants, including surveyors, geotechnical and materials testing firms, to assist in the work included under this Contract to the extent such services are included herein. No subcontract work is authorized for which the Town will incur any costs beyond those agreed upon and set forth in Section 4.

Tagged Passions:planning, construction, streets, personnel, contract, materials, services, performance, and Pedestrian

Specific resources and responsibilities will be listed and described in separate Statements(s) of Work (SOW) which shall incorporate the terms and conditions of this Contract through reference.

No additional detail provided

Tagged Passions:contract

2
2. Services Provided by the Town It is understood that certain services as required may be performed and/or furnished by the Town These services may include the following:

Assist the Engineer by placing at their disposal all available information pertinent to the project, including previous reports and other relative data; Assist in gaining access to and making all provisions for the Engineer to enter upon public and private property as required for performance of their services described herein;
Tagged Passions:services, performance, and property

Examine all studies, reports, sketches, drawings, specifications, proposals and other documents prepared by the Engineer, obtaining advice of legal counsel and/or such other consultants as the Town deems appropriate for such examination and rendering in writing decisions pertaining thereto within a reasonable time so as not to delay the service of the Engineer;

Giving prompt written notice to the Engineer whenever the Town observes or otherwise becomes aware of any problems or changed circumstances in the project; Furnishing the Engineer in a timely manner with copies of pertinent correspondence relating to this project, which would not have otherwise been delivered to the Engineer; Designate in writing a person to act as the Town's representative with respect to the work to be performed under this Contract, such person(s) shall have complete authority to transmit instructions, receive information, interpret and define Town's policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this Contract; The Town shall provide to the Engineer such information as is available to the Town for rendering of services hereunder. The Engineer may rely on the sufficiency of such information; Insofar as any of the above services are necessary for the Engineer's performance of their obligations under this Contract the Town shall be responsible for providing such services in a satisfactory and timely manner so as not to delay the Engineer in their performance thereof.
Tagged Passions:equipment, legal, contract, materials, services, performance, and instruction

3.
Schedule/Time of Performance The work to be performed and the services rendered under this Contract shall commence as directed by the Town. In performing the services described in this Contract and/or the Statement(s) of Work (SOW), it is mutually agreed that time is of the essence. Work under the contract will be for a period of three years with the option of extending the contract up to two additional one-year terms.

No additional detail provided

Tagged Passions:contract, services, and performance

4.
Compensation/Time of Payment

No additional detail provided

Tagged Passions:compensation

a.
Compensation and payment will be authorized under subsequent Statement(s) of Work (SOW), including lump sum fees for some services (if applicable), hourly fees, and subconsultant services, unless changed by a duly authorized amendment. The standard Town of Garner payment term is NET 30 days from the date of invoice.

No additional detail provided

Tagged Passions:compensation and services

3
b. Compensation for each service provided by the Engineer to the Town shall be set forth in each applicable Statement of Work. Compensation shall be on an hourly basis, lump sum basis, or a combination depending on the nature of the task and specificity of the task s cope which will be negotiated for each task and in each Statement of Work.

Tagged Passions:compensation

i.
Lump sum fees when applicable, shall be negotiated upon development of a detailed

No additional detail provided

Tagged Passions:development and Development

scope for the perspective task(s) or portions thereof

ii.
For work performed on an hourly basis, the Town will be billed in accordance with the hourly rate schedule in Exhibit A. The Engineer shall be entitled to submit an updated hourly rate schedule after twelve (12) months of the date of contract execution.

Tagged Passions:contract

5.
Standard of Care Engineer shall perform for or furnish to Town professional engineering and related services in all phases of the project to which this Contract applies as hereinafter provided. Engineer shall serve as Town's prime design professional and engineering representative for the project providing professional engineering consultation and advice with respect thereto. Engineer may employ such Engineer's Consultants as Engineer deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder Engineer shall not be required to employ any Engineer's Consultant unacceptable to Engineer.

No additional detail provided

Tagged Passions:contract, services, and performance

The standard of care for all professional engineering and related services performed or furnished by Engineer under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under similar conditions at the same time and in the same locality.

No additional detail provided

Tagged Passions:contract and services

6.
Opinions of Probable Construction Cost Engineer s Opinions of Probable Construction Cost provided for herein are to be made based on Engineer's experience and qualifications and represent Engineer s best judgement as an experienced and qualified Professional Engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor s methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by the Engineer. If the Town wishes greater assurance as to probable Construction Cost, Town may employ an independent cost estimator.

No additional detail provided

Tagged Passions:rfp, RFP, construction, equipment, market, materials, and services

7.
Notices All notices, requests for payment, or other communications arising hereunder shall be sent to the following:

No additional detail provided

Tagged Passions:communications and Communications

Town of Garner [Company Name] Attn: Chris Johnson, PE Attn: Telephone: 919-773-4420 Telephone: 900 7th Avenue Address: Garner, NC 27529

4
8. Non-discrimination In consideration of the signing of this Contract, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract, no matter how remote.

9. Minority or Women Owned Businesses The Town of Garner prohibits discrimination i n any manner based on race, color, creed national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The Town of Garner has adopted a goal of 10 for participation by minority or women-owned businesses to reach the above stated goal. The percentage of MWBE business participation engaged in this contract based on total contract amount is proposed to be 10 . Any variation from this amount is to be immediately conveyed to the Town by written notice. 10. Assignment Neither the Town nor the Engineer will assign, sublet, or transfer their interest duties, or obligations hereunder without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it create any rights or benefits to parties other than the Town and the Engineer, except such other rights as may be specifically called for herein.

Tagged Passions:business, contract, discrimination, and policy

11.
Applicable Law/Forum/Mediation All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division. Participation in a non-binding mediation is a condition precedent to filing any lawsuit arising out of this Contract.

No additional detail provided

Tagged Passions:legal, contract, and court

12.
Insurance Engineer agrees to maintain, on a primary basis and at their sole expense, at all times during the life of this Contract the following coverages and limits. The requirements contained herein, as well as Town's review or acceptance of insurance maintained by Engineer is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Engineer under this Contract.

No additional detail provided

Tagged Passions:contract and insurance

Commercial General Liability - Combined single limit of no less than 1,000,000 each occurrence and 2,000,000 aggregate Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability.

No additional detail provided

Tagged Passions:commercial

Automobile Liability - Limits of no less than 1,000,000 Combined Single Limit Coverage shall include liability for Owned, Non-Owned and Hired automobiles In the event Engineer does not own automobiles, Engineer agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract

Tagged Passions:contract, transportation, services, events, commercial, and policy

5
and/or are brought on a Town of Garner site. Worker's Compensation Employers Liability - Engineer agrees to maintain Worker s Compensation Insurance in accordance with North Carolina General Statute Chapter 97 and Employers Liability insurance with limits of no less than 1,000,000 each accident, each employee and policy limit Waivers of Indemnity are not recognized by the North Carolina Department of Insurance and will not be accepted by the Town of Garner.

Additional Insured - Engineer agrees to endorse the Town as an Additional Insured on the Commercial General Liability and any insurance coverage obtained in addition to those set forth herein. The Additional Insured shall read Town of Garner as its interest may appear.
Tagged Passions:compensation, recognition, insurance, commercial, and policy

Certificate of Insurance - Engineer agrees to provide the Town a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Engineer's insurer If Engineer receives a non-renewal or cancellation notice from an insurance earner affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Engineer agrees to notify the Town within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance The Certificate Holder address should read:

No additional detail provided

Tagged Passions:business, insurance, and compliance

Town of Garner Town Manager 900 7th Avenue Garner, NC 27529

Tagged Passions:manager

Umbrella or Excess Liability - Engineer may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest 'Each Occurrence' limit for required policies Engineer agrees to endorse Town of Garner as an 'Additional Insured on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a 'Follow-Form basis.

No additional detail provided

Tagged Passions:insurance and policy

Professional Liability - Limits of no less than 1,000,000 each claim.

All insurance companies must be admitted to do business in North Carolina and be acceptable to the Town of Garner. If the insurance company(s) is a permitted surplus lines insurer, the insurance company name, and NAIC number must be submitted to the Town for approval before commencing work. Engineer shall be required to provide the Town no less than thirty (30) days notice of cancellation, or any material change, to any insurance coverage required by this Contract. A Certificate of Insurance (COI) must be issued by an authorized representative of the insurance carrier(s). Certificates of Insurance must have the Insurance Company name and NAIC number clearly identified. The acceptance of or the review of Certificates of Insurance by the Town of Garner does not relieve Engineer of any requirements in the contract to provide specific insurance coverage required by the contract, nor does the acceptance of or review of Certificates of Insurance covenant all insurance requirements have been met.
Tagged Passions:business, contract, surplus, and insurance

6
13. Indemnity To the fullest extent permitted by law, the Engineer shall indemnify, defend and hold harmless the Town and each of the Town's officers, officials, employees, agents and independent contractors (excluding the Engineer) from and against any and all losses, damages, costs, expenses (including attorneys' fees), obligations, duties, fines penalties, royalties, interest charges and other liabilities (including settlement amounts) paid or incurred by any of them as a result of any claims, demands, lawsuits, actions, or proceedings (i) arising from the Engineer's failure to perform its obligations under this Contract, (ii) arising from any act of negligence or willful misconduct by the Engineer or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property, real or personal, tangible or intangible, (iii) arising from the Engineer's violation of any law (including, without limitation, immigration laws), (iv) seeking payment for labor or materials purchased or supplied by the Engineer or its subcontractors in connection with this Contract, (v) any claim that the Engineer or an employee or subcontractor of the Engineer is an employee of the Town, including but not limited to claims relating to worker's compensation, failure to withhold taxes and the like, or (vi) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other proprietary rights with respect to the Work or any products or deliverables provided to the Town pursuant to this Contract ( Infringement Claims ). If an Infringement Claim occurs, the Engineer shall either (i) procure for the Town the right to continue using the affected product or service, or (ii) repair or replace the infringing product or service so that it becomes non-infringing, provided that the performance of the overall product(s) and service(s) provided to the Town shall not be adversely affected by such replacement or modification. If the Engineer is unable to comply with the preceding sentence within thirty (30) days after the Town is directed to cease use of a product or service, the Engineer shall promptly refund to the Town all amounts paid under this Contract. Nothing herein is intended to require of a design professional any duty from which such design professional is relieved by S2019 -92, HB 871.

Tagged Passions:compensation, legal, taxes, Taxes, contract, materials, performance, purchasing, property, trade, Immigration, and settlement

14.
Intellectual Property Any information data, instruments, documents, studies, reports or deliverables given to exposed to, or prepared or assembled by the Engineer under this Contract shall be kept as confidential proprietary information of the Town and not divulged or made available to any individual or organization without the prior written approval of the Town Such information, data, instruments, documents, studies, reports or deliverables will be the sole property of the Town and not the Engineer.

The Engineer shall maintain the right of reuse to any drawings or specifications provided or furnished by the Engineer. The Town acknowledges that such drawings or specifications are not intended or represented to be suitable for reuse by the Town or others on extensions of the project or on any other project. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks, and trade secrets invented, developed, created, or discovered in performance of this Contract shall be the property of the Town.

Tagged Passions:contract, performance, property, and trade

Copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographic designs, text, software, or documentation created as part of the Engineer's performance of this project shall vest in the Town. Work of authorship and contributions to works of authorship created

No additional detail provided

Tagged Passions:arts, performance, information technology, and Information Technology

7
by the Engineer s performance of this project are hereby agreed to be 'works made for hire' within the meaning of 17 USC 201.

15. Force Majeure Except as otherwise provided i n any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision.

Tagged Passions:regulation, ordinance, University of South Carolina, contract, services, events, performance, electric, environment, and nuclear

16.
Advertising The Engineer shall not use the existence of this Contract, or the name of the Town of Garner, as part of any advertising.

No additional detail provided

Tagged Passions:contract and advertising

17.
Cancellation The Town may terminate this Contract at any time by providing thirty (30) days written notice to the Engineer. In addition, if Engineer shall fail to fulfill in timely and proper manner the obligations under this Contract for any reason, including the voluntary or involuntary declaration of bankruptcy , the Town shall have the right to terminate this Contract by giving written notice to the Engineer and termination will be effective upon receipt Engineer shall cease performance immediately upon receipt of such notice.

In the event of early termination, Engineer shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to the Town. Notwithstanding the foregoing, in no event will the total amount due to Engineer under this section exceed the total amount due Engineer under this Contract. The Engineer shall not be relieved of liability to the Town for damages sustained by the Town by virtue of any breach of this Contract, and the Town may withhold any payment due to the Engineer for the purpose of setoff until such time as the Town can determine the exact amount of damages due the Town because of the breach.

Tagged Passions:compensation, contract, events, and performance

Payment of compensation specified in this Contract its continuation or any renewal thereof is dependent upon and subject to the allocation or appropriation of funds to the Town for the purpose set forth in this Contract.

Tagged Passions:compensation, funding, and contract

18.
Laws/Safety Standards The Engineer shall comply with all laws ordinances codes, rules, regulations, safety standards and licensing requirements that are applicable to the conduct of its business including those of Federal, State and local agencies having Jurisdiction and/or authority.

No additional detail provided

Tagged Passions:regulation, ordinance, and business

Engineer must comply with North Carolina Occupational Safety and Health Standards for General Industry, 29 CFR 1910. In addition, Engineer shall comply with all applicable occupational health and

No additional detail provided

Tagged Passions:health

8
safety and environmental rules and regulations. Engineer shall effectively manage their safety and health responsibilities including:

Tagged Passions:health, regulation, and environment

A.
Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Engineer managers and supervisors shall ensure personnel safety by strict adherence to established safety rules and procedures.

No additional detail provided

Tagged Passions:personnel, procedure, and manager

B.
Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations.

C. Employee Education and Training Provide education and training to all engineers employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. 19. Applicability of North Carolina Public Records Law Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the Town by the Engineer are subject to the public records laws of the State of North Carolina and it is the responsibility of the Engineer to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the Town. Engineer understands and agrees that the Town may take any and all actions necessary to comply with federal, state, and local laws and/or Judicial orders and such actions will not constitute a breach of the terms of this Contract. To the extent that any other provisions of this Contract conflict with this paragraph, the provisions of this section shall control.

Tagged Passions:regulation, contract, materials, Conservation, environment, training, compliance, education, trade, and public records

20.
Miscellaneous The Engineer shall be responsible for the proper custody and care of any property furnished or purchased by the Town for use in connection with the performance of this Contract and will reimburse the Town for the replacement value of its loss or damage.

The Engineer shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Engineer represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual relationship with the Town. This Contract may be amended only by written agreement of the parties executed by their authorized representatives.

Tagged Passions:personnel, contract, services, performance, purchasing, and property

21.
Right of Audit and Examination of Records The Town of Garner may conduct an audit of Engineer s financial performance and compliance records maintained in connection with the operations and services performed under this Contract. In the event of such an audit, Engineer agrees to provide the Town with reasonable access to Engineer s employees and make all such financial performance and compliance records available to the Town. The Town agrees to

No additional detail provided

Tagged Passions:finance, contract, services, events, performance, compliance, and audit

9
provide the Engineer with an opportunity to discuss and respond to any findings before a final audit report is issued. Records shall be made available for three (3) years after the final payment.

Tagged Passions:audit

a.
The Town may conduct an audit of any services performed and fees paid subject to this Contract. The Town, or its designee, may perform such an audit throughout the contract period and for three (3) years after termination thereof or longer if otherwise required by law.

No additional detail provided

Tagged Passions:contract, services, and audit

b.
The Engineer and its agents shall maintain all books, documents, papers, accounting records,

No additional detail provided

contract records and such other evidence as may be appropriate to substantiate costs incurred under this Contract. The Town, or its designee, shall have the right to, including but not limited to: review and copy records; interview current and former employees; conduct such other investigation to verify compliance with contract terms; and conduct such other investigation to substantiate costs incurred by this Contract.

No additional detail provided

Tagged Passions:contract and compliance

c.
Records shall be defined as data of every kind and character, including but not limited to books,

documents, papers, accounting records, contract documents, information, and materials that, in the Town's sole discretion, relate to matters, rights, duties or obligations of this Contract.

Tagged Passions:contract and materials

d.
Records and employees shall be available during normal business hours upon advanced written

No additional detail provided

notice. Electronic mail shall constitute written notice for purposes of this section.

e.
Engineer shall provide the Town or its designee reasonable access to facilities and adequate and appropriate workspace for the conduct of audits.

No additional detail provided

Tagged Passions:audit

f.
The rights established under this section shall survive the termination of the Contract, and shall

No additional detail provided

Tagged Passions:contract

not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment, or the subsequent amendment of this Contract.

No additional detail provided

Tagged Passions:contract

g.
The Engineer shall reimburse the Town for any overcharges identified by the audit within ninety

(90) days of written notice of the Town s findings.
Tagged Passions:audit

22.
E Verify Engineer shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. 64-25 et seq. In addition, to the best of Engineer s knowledge, any subcontractor employed by Engineer as a part of this contract shall be in compliance with the requirements of E-Verify and N.C.G.S. 64-25 et seq.

No additional detail provided

Tagged Passions:security, contract, program, compliance, and Immigration

23.
Iran Divestment Act Certification Engineer certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. 147-86.59, Engineer shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List.

No additional detail provided

Tagged Passions:contract, performance, Treasurer, compliance, and TREASURER

10
24. Companies Boycotting Israel Divestment Act Certification Engineer certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81.

Tagged Passions:Treasurer and TREASURER

25.
Incorporation of Documents/Complete Agreement This Contract, and any documents incorporated below, represent the entire Contract between the parties and suspend all prior oral or written statements, agreements or Contracts.

Specifically incorporated into this Contract are the following attachments, or if not physically attached, are incorporated fully herein by reference: Hourly Rates Certificate of Insurance In cases of conflict between this Contract and any of the above incorporated attachments or references, the terms of this Contract shall prevail. THIS CONTRACT is entered into this ________day of ______________________, 20______. IN WITNESS WHEREOF, the Engineer has executed the foregoing with the signature(s) of its duly authorized officer(s). under seal, and the Town has executed with the signature of its Town Manager, attested by its (Assistant/Deputy) Clerk, with the official seal affixed, the day and year first above written. ENGINEER TOWN OF GARNER By: By:

Tagged Passions:contract, insurance, manager, and rates

_____________________ _______________________ Name Rodney Dickerson Title Town Manager

Tagged Passions:manager

(If corporate) ATTEST: ATTEST:

By: By: _____________________ _______________________ Name Stella Gibson Title Town Clerk THIS INSTRUMENT APPROVED AS TO FORM _____________________________ Town Attorney

Tagged Passions:legal

(Affix Corporate Seal) (Affix Town Seal)

Rev. 8-1-19

1
NORTH CAROLINA WAKE COUNTY

STATEMENT OF WORK 1

This Statement of Work is entered into among ___________________________ (the Engineer ) and the Town of Garner (the Town ) under the terms and conditions of the Contract for the _________________________project between the Engineer and the Town dated ____________ which is hereby incorporated by reference. This SOW is part of the Contract and shall be governed by the terms and conditions stated herein and by the terms of the Contract. In the event of conflict between the terms of the SOW and the contract, the provisions of the Contract shall control.

No additional detail provided

Tagged Passions:contract and events

1.
Scope of Services

Tagged Passions:services

[Add Scope of Services or refer to attached exhibit, if applicable]

Tagged Passions:services

2.
Compensation, Time of Payment

No additional detail provided

Tagged Passions:compensation

Compensation to the Engineer for the work described above shall not exceed ___________.

Payment shall be made to the Engineer for performance in association with this SOW. Standard Town of Garner payment term is NET 30 days from the date of the invoice.
Tagged Passions:compensation and performance

3.
Time of Performance

No additional detail provided

Tagged Passions:performance

Engineer shall complete performance of the services described above by no later than ___________ from the date of the notice to proceed.

(Notwithstanding the above, if the date provided in this section is beyond the time of performance or terms specified in the Contract, the term specified in the Contract shall control and all work under this SOW must be completed by that date.) Page 40 Rev. 8-1-19
Tagged Passions:contract, services, and performance

2
THIS CONTRACT AMENDMENT is entered into this _______day of _____________, 20____.

IN WITNESS WHEREOF, the Engineer has executed the foregoing with the signature(s) of its duly authorized officer(s), and the Town has executed with the signature of its Town Manager, attested by its (Assistant/Deputy) Clerk-Treasurer, with the official seal affixed, the day and year first above written.
Tagged Passions:contract, Treasurer, manager, and TREASURER

ENGINEER: TOWN OF GARNER

By: By:

________________________ _______________________ Town Manager ________________________ Printed Name/Title

Tagged Passions:manager

(If corporate) ATTEST: ATTEST:

No additional detail provided

By:______________________ By:____________________ (Deputy) Clerk _________________________ Printed Name/Title (Affix Seal) (Affix Seal)

THIS INSTRUMENT APPROVED AS TO FORM: ________________________ Town Attorney Page 41
Tagged Passions:legal

EXHIBIT A ARTICLES I, II, AND III Page 1

Revs. 8/1/19 ARTICLE I Scope of Services I.1 Description of the Project The Town desires to engage an Engineer to provide professional services required to produce plans and contract documents for improvements to from to in Garner, NC. The purpose of this mile project is to enhance mobility and connectivity for pedestrian, bicycle, and vehicular traffic while improving safety throughout this important corridor. The project includes location surveys, subsurface utility engineering, geotechnical services, roadway design, water resources design (including storm water), erosion control, SCM investigations/design, traffic analyses, traffic management, signing and delineation, utility design, utility coordination, landscape/planting design, right of way/easement exhibits, public involvement, signal design, and bidding/contract documentation services.

Tagged Passions:utility, Utility, contract, services, water, plant, buildings and grounds, Bicycles, corridor, Pedestrian, traffic, easement, bicycles, and stormwater

I.2 Description of Services The Engineer shall provide the engineering services required to design and prepare construction plans, specifications and bid documents for the proposed improvements in accordance with the following:

I.2.1 Survey All survey services for this project shall be performed in accordance with, and shall conform to, accepted Surveying and Engineering general practices and procedures with the detailed scope of work as set forth and described below. We will provide base mapping data to these limits along with the footprint of structures within 100 of these limits. (-L-) Line Alignment from to - x corridor ( each side of the existing road). (-Y-) Line Alignments
Tagged Passions:rfp, RFP, construction, streets, procedure, services, and corridor

-Y- from to - x corridor ( each side of the existing road).

No additional detail provided

Tagged Passions:streets and corridor

I.2.1.a Property Research/Document Retrieval

The Engineer shall obtain current deeds, maps, plats, and easement documents of record according to the current information of the online Town of Garner Tax Records in the IMAPS GIS database, for all parcels adjacent to the project and for which right of way acquisition shall be required. Thorough investigations should be made of private developments along the corridor, through the Town Planning Department and other means, to properly represent existing, dedicated easements in the project Page 42
Tagged Passions:planning, taxes, Taxes, GIS, development, zoning, Development, property, corridor, and easement

EXHIBIT A ARTICLES I, II, AND III Page 2

Revs. 8/1/19

plans. The Engineer shall obtain NCDOT record plans, and other right of way information to assist in the establishment of existing right of way for the roads within the project limits. Engineer shall provide a copy of all property information compiled during this task to the Town. There are approximately parcels in the project limits. A complete title opinion is not included in this scope of services. Property owners are to be notified by the Town of Garner and obtain a Right of Entry to all properties 30 days before commencement of surveys.

I.2.1.b Establish Horizontal and Vertical Control Network The Engineer shall provide a horizontal and vertical traverse throughout the entire Project. Horizontal Control shall be referenced to North Carolina Geodetic Survey datum, NAD83 2011 adjustment. Control shall consist of a random baseline traverse monumented by 18 lengths of 5 rebar with stamped aluminum caps set flush with the ground, or MAG pavement nails where appropriate. Each control point shall have x, y, and z coordinate values. Vertical Control shall be based upon United States Geodetic Survey NAVD 88 datum. The Engineer shall set benchmarks at 500 to 800-foot intervals throughout the Project. Railroad spikes or Bench Ties to be placed in the base of trees shall be utilized where possible and shall be placed outside of the proposed construction limits. The benchmark locations and descriptions shall be shown on the final plans. I.2.1.c Photogrammetry The Engineer will perform aerial photogrammetry to provide the base DTM and Planimetric Mapping for the project.
Tagged Passions:construction, streets, services, trees, property, and monuments

1.
Photo Control - Establish survey control on the site and set and obtain

coordinates on aerial targets (1-foot-wide by 2-foot-long chevrons-or similar), and/or photo-identifiable points. 2. Aerial Image Acquisition The use a fixed-wing aircraft equipped with an UltraCam Falcon Prime (UCFp) sensor, or similar, to collect imagery at a ground sample distance (GSD) of 5cm. The imagery will be controlled using the above mentioned survey points along with the Airborne Global Positioning System Applanix POS-AV with IMU.

Tagged Passions:grocery

3.
Processing - AerialTriangulation (AT): will be performed on all acquired imagery with a preliminary simultaneous bundle adjustment carried out using a minimal amount of control points along the block perimeter. Additional control points will be treated as check points during this initial run and the solution will be checked to make sure there are no blunders or gross errors in the photo or ground control measurements. The final adjustment will be a simultaneous bundle

Page 43

EXHIBIT A ARTICLES I, II, AND III Page 3

Revs. 8/1/19

adjustment of the entire project data including all ground control points with no points held out as check points.

4.
Topographic Mapping - Stereocompilation will include any visible features at a 1 =40 scale including driveways, parking lots, buildings, utilities, vegetation (items that were not extracted from the mobile LiDAR dataset). Breaklines and masspoints will also be collected in the soft topo areas to support a Digital Terrain Model (DTM) suitable for 1foot contours.

No additional detail provided

Tagged Passions:utility, Utility, and parking

5.
Obscured and Obstructed Features - Based on the provided Area of Interest there is the possibility that some areas will be obscured and/or

obstructed resulting in limited terrain and planimetric feature collection. These areas will be outlined with an obscured area polygon, and additional ground survey may be required to supplement the data.

6.
Orthophotography - Collected imagery will be rectified to the new surface model, and the individual 3-inch GSD ortho image files will be processed to ensure a seamless appearance, and will be tonally balanced to produce a uniform contrast and tone across the entire project area. The orthophotography will be delivered in tiled TIF/TFW and ECW/EWW formats.

No additional detail provided

Tagged Passions:TIF, taxes, and Taxes

I.2.1.d Pavement Digital Terrain Model

The Engineer will use Mobile Scanning technology to collect the hard surface DTM s and Planimetrics. This data will be processed based on the Survey Control and merged into the photogrammetric mapping for delivery. Accuracies for the mobile data will be +-0.05 . I.2.1.e Planimetric Mapping The Engineer shall map the majority of basic planimetric mapping from the photogrammetry services. The Engineer will perform a walk thru/classification of features to aid with labeling features as well as preform supplemental ground surveys to locate obscured or missing items. Said information shall include, but is not limited to the following:
Tagged Passions:services, Technology, and technology

1.
Drives - location, type, and width 2. Buildings - location, type, size, and front corners if within 100 feet

of existing right of way. 3. Parking Lots - location and layout 4. Landscape areas, woods lines, and all trees in landscaped areas greater than 6 dia, and all ornamental trees shall be located by species and size.

Tagged Passions:trees, buildings and grounds, and parking

5.
Signs - location, type, and size 6. Fences - location, type, and size 7. Utilities*

Page 44

Tagged Passions:utility and Utility

EXHIBIT A ARTICLES I, II, AND III Page 4

Revs. 8/1/19

a.
Storm drainage - location, size, type, top and invert elevations, inlet and outlet location both inside and one structure outside planimetric limits.

No additional detail provided

Tagged Passions:stormwater

b.
Gravity sanitary sewer - location, size, type, top and invert elevations.

No additional detail provided

Tagged Passions:sewer, utility, and Utility

c.
Water - location, valves (including top of nut elevations where accessible), meters, hydrants, wells (as surveyed and/or identified by Wake County records), and associated appurtenances.

No additional detail provided

Tagged Passions:utility, Utility, and water

d.
Gas - location, valves, meters, vents and associated appurtenances.

No additional detail provided

e.
Telephone above ground appurtenances such as poles, pedestals, manholes and vaults (to include subsurface footprint).

No additional detail provided

Tagged Passions:pole

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