town of tryon board of commissioners november …...nov 11, 2020 · town of tryo n . board of...

TOWN OF TRYON

BOARD OF COMMISSIONERS NOVEMBER 17, 2020

TRYON TOWN HALL MCCOWN ROOM 6:00 P.M. WORK SESSION

1. Call to Order-Mayor Peoples 2. Discussion 3. Adjourn

TOWN OF TRYON BOARD OF COMMISSIONERS

PROPOSED AGENDA NOVEMBER 17, 2020

TRYON TOWN HALL MCCOWN ROOM 7:00 P.M.

All items are for discussion and possible action

1. Call to Order-Mayor Peoples 2. Invocation 3. Pledge of Allegiance 4. Agenda Adoption-Mayor Peoples 5. Consent Agenda Adoption-Mayor Peoples

a. Board of Commissioner’s Minutes b. Tax Releases

6. Resolution Authorizing Surplus Property Sale-Ollis 7. Proposal for Engineering Services – Braewick Project - Ollis 8. Minimum Housing Update-Ollis 9. TDDA Update-Ollis 10. Town Manager’s Report/Town Project Prioritization, and Citizen Input-Ollis 11. Council/Mayor Report 12. Citizen Comments & Responses 13. Motion to enter into Closed Session pursuant to 143-318.11(a)(5) 14. Adjourn

Agenda Item Summary Sheet

Town of Tryon Board of Commissioners

Meeting Date: November 17, 2020 Agenda Item Number: 5a Submitted By: Susan Bell, Town Clerk Attachments: Board of Commissioner Minutes

Topic: Minutes

Requested/Recommended Action & Motion: Approve

Summary Explanation & Background:

Town Priority/Goal (Strategic Plan): Goal 1: The Town of Tryon will always be responsive to citizen needs and promote programs and policies that will keep the community a wonderful place to live, work, and play.

Direct Financial Impact: No Change

Indirect Financial Impact: N/A

Funds Included in Current Budget: Yes

Board of Commissioners Draft Minutes October 20, 2020 Work Session

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TOWN OF TRYON WORK SESSION

OCTOBER 20, 2020 6:00 P.M. MCCOWN ROOM - TOWN HALL

Present: Mayor J. Alan Peoples Mayor Pro Tem Chrelle Booker Commissioners: Crys Armbrust, Bill Crowell, Bill Ingham

Staff Present: Town Manager Zach Ollis Town Clerk Susan Bell

CALL TO ORDER

Mayor Peoples asked Mayor Pro Tem if she had anything. She stated no, she felt Zach had updated them well for the month.

Commissioner Crowell stated he road by the dam and everything is looking good. The detour is working.

Commissioner Armbrust had asked Zach to make copies of the white tents that they discussed acquiring. Ollis explained the initial review is the larger the tent the more it takes to put them up. They have to be wind proof and are made of canvas. These would be ideal for festivals and we could rent these out to residents. Crowell explained it would be easier to have the festival people or residents to contact a party rental company. Ollis suggested a cheaper option. The tents are not as nice. You can get the 20x40 with upgrades for around $3,000. Crowell asked where we would store them? Ingham asked who was going to set them up? Crowell explained that taking them down and storing the tents is the problem. You have to be careful with them, wipe down and store them correctly. Ingham stated putting them up is an issue.

Ingham asked if before the next meeting if we could get a price on what has been spent on tents in the past. Ollis will get with Paige to see if she can look through her records.

Crowell asked if we were absorbing the asbestos cost from Melrose. Ollis – we are not. He can go over it now if you want.

Ingham – at Viewmont Apartments, Val owns to the center of the road. She wants to find out where her property lines are. Ollis – the plat looks like a subdivision plat. He will look into it.

Ms. Skach read a letter asking who is responsible for inspecting the L’Auberge on Melrose for life safety. She needs to know who is responsible and asked what are we going to do about it.

Ollis gave an update. Fire Chief Walton can inspect certain things. This is considered a commercial building, even though it is residential. He can do this if they have a shared breezeway and a fire suppression system. We as a Town have the ability to inspect. We can’t go and inspect your home for fire & safety codes. We can’t inspect their homes. Attorney Morgan stated it is also multi-family in the

Board of Commissioners Draft Minutes October 20, 2020 Work Session

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fire codes. Ollis – our minimum housing ordinance is for dilapidated houses, where they are not safe to live. Crowell asked who owns the boiler room? And the storage room. Ms. Skach claims that Peter owns the storage room. The state Fire Marshall has told her that this is the responsibility of the Building Inspector. Ingham told Ms. Skach she wants this Board to help make a decision in her favor. Ms. Skach just wants us to make a decision. The Board gets it, but it is above them to make a decision.

Attorney Morgan stated he is going to meet with Jana, the county attorney and seek how we are going to handle this matter.

Ollis updated the board on the fire codes - state you have to inspect those buildings if, the buildings have common breezeways or fire suppression. We can’t go into a residence and do inspections. Bobby Arledge can also say that. Building inspections does not fall under the fire codes. He has come to the conclusion that we should not be involved. It is a private property kind of issue. Crowell feels that it is their issue. Morgan – the state Fire Marshall is not going to be the savior that she thinks. The Town doesn’t have authority she thinks. Ollis stated that it is a local issue, but he doesn’t think it is our local issue.

Ollis and Josh are going to present doing inspections within the Town at a future meeting. They feel the Polk County Fire Marshall is responsible. Josh has requested all the records of the inspections the county has done.

Armbrust - in view of the complaints on Melrose Inn they are going to have to install a barrier at a cost of $1,200. He personally is going to cover the housing for the asbestos person for a week. He is requesting the Town to cover the $1,200 for the barrier. The Board all agreed to cover the $1,200 cost.

Armbrust wants to make sure the protocols for the use of St. Luke’s Plaza are followed and requested that a sign be put up saying public property.

ADJOURN

Mayor Peoples entertained a motion to adjourn. Commissioner Ingham so moved. The motion carried unanimously.

__________________________

J. Alan Peoples, Mayor

Attest:

______________________

Susan B. Bell, Town Clerk

Board of Commissioners Draft Minutes October 20, 2020

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TOWN OF TRYON OCTOBER 20, 2020 7:00 P.M.

MCCOWN ROOM - TOWN HALL Present: Mayor J. Alan Peoples Mayor Pro Tem Chrelle Booker Commissioners: Crys Armbrust, Bill Ingham, Bill Crowell

Staff Present: Town Manager Zach Ollis Town Clerk Susan Bell Police Chief Jeff Arrowood Fire Chief Josh Walton Planning Director Tim Daniels Public Works Director Jody Morse Town Attorney William Morgan TDDA Exec. Director Paige Henderson

CALL TO ORDER

Mayor Peoples called the meeting to order and asked for a moment of silence. Mayor Pro Tem Booker led the invocation.

AGENDA ADOPTION

Mayor Peoples entertained a motion to add 6a. Ziglar Field, 6b. Woodland Park and move Discussion of Chestnut to 6c. and withdraw Item 15 Closed Session of the proposed agenda. Commissioner Armbrust so moved. The motion carried unanimously.

CONSENT AGENDA ADOPTION

Mayor Peoples asked if there were any additions, deletions or corrections to the Consent Agenda, which includes the minutes and tax releases for Dwight Durham ($6.83), HomeTrust Bank ($14.77 & $129.82), Barbara Fox ($472.72) and All American Auto Body ($62.37). Being none, he entertained a motion to adopt. Commissioner Armbrust so moved. The motion carried unanimously.

ZIGLAR FIELD – SOFTBALL

McDonald Wingo made a request to use Ziglar Field to play softball. The bases are gone and the infield needs sand. He has 22 players waiting on him to find out if it is possible. He doesn’t allow any drinking, smoking or disrespect while on the field and he will pick up the trash. He would like to start next year, because of COVID. The Board all agreed this was a good idea.

WOOKLAND PARK PLANTS

Greg Miner, resident of Polk County and member of the Tryon Parks Committee wants to give a shout out to John Lane and thank the Tryon Parks Committee for their work at Woodland Park. 70 native plants were set out in Woodland Park by Susan Hursey, Vard Henry, Karen Byrd, her daughter, John Vining, John Lane and himself. The Polk County Appearance Committee granted the Town of Tryon Parks Committee $1,000 and the Parks Committee matched the grant with their work. John Lane


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dedicated 25 plus hours of work with the grant and towards the placing the plants and watering. The last photo is of wisteria vines that have grown throughout Woodland Park. Harmon Field, Vaughn Creek have a lot of kudzu. The Board thanked him.

DISCUSSION OF CHESTNUT STREET

Town Manager Ollis wanted to get quotes for water and sewer before paving Chestnut. Andrew feels like it will be around $100,000. He could get an engineer to take a look at this. We have used almost all of our Powell Bill funds. He was going to pay for Chestnut out of General Fund. Once Chestnut is paved you will be finished with the first list you prioritized to be paved. Mayor Peoples recommended cold patching until we find out about the water and sewer. It is in terrible shape. Commissioner Armbrust recommended fixing the rock wall before it falls. Ollis explained that for the first couple of years we built up the Powell Bill Funds. The funds will have to be built up again. We are going to finish Chestnut, then you will have to prioritize the next list of streets to be paved. He will check with Derrick on the rock wall.

Commissioner Crowell had concerns about the hole near McCown Street. Ollis will ask the State if the Town can put something in the hole.

DISCUSSION OF ROUND-UP PROGRAM

Town Manager Ollis explained he had been asked by the board to take a look into the round-up program. Pam has asked the new software company if this can be done and she was told it could be done. You as a board will have to decide what you want the extra money to go toward. The program is completely voluntary.

Commissioner Armbrust made a motion approving the round-up program. The motion carried unanimously. The board will decide later where they want the money to go. Commissioner Booker asked to make sure that everyone is asked if they want to do this. Ollis explained it is voluntary.

LAKE LANIER DAM UPDATE

Ollis updated the board on the dam at Lake Lanier. The road closures are in place starting today and will be closed until November 24th. If we can open it up earlier, obviously we will. The pump system will be delivered on Saturday and on the 26th they shall start installing it and shall finish on the 29th. From there we will pump the lake down two feet from the top of the spillway. That will give them enough space to do the coring. Met on sight with S&ME today. They are doing a number of cores. They will test to see how well the dam is holding up. Looking at a two week draw down. Once Cranston Engineering does their testing and it is completed, hopefully we will be able to open the road back up, while waiting on the results from the engineers.

ERSKINE BRIDGE UPDATE

Ollis updated the board on the Erskine Bridge. He will be meeting next week with DOT, Paul Mills and Bagwell Fence and Jim Becker at some point. DOT is going to require encroachment permits, which we


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knew. The lights have to be seven feet from the road or use break away lights. We need approval from Duke to do the easement line. He talked with Craig Debrew and he sent him to the correct person. He opened the account and will hear back from them in about three days. After Wednesday he should have a start date. He had asked Jim Becker to order the lights. With this issue, Becker is going to see if he can cancel the order until a decision is made. The ones that you had picked out are like the ones at Nina Simone. He will give another update after next Wednesday. Curb and gutter will be done because of the requirements of DOT. Jim Becker wants to wait on installing the conduit, because he is going to have to navigate around the gas and the new barriers that we have installed.

MINIMUM HOUSING UPDATE

Planning Director Daniels updated the Board on minimum housing. He explained on 45 E. Livingston the paperwork has been signed and he is waiting for a deed to be drawn up. There are two properties on East Howard, the old Petty residence that was torn down, the owners approached him and said they were not going to be able to pay to clean up, they just want to donate the property to the town. There is another parcel down a couple of lots that they wish to sell to the town. He is working to get the title work done to move forward. 140 Grady the owners have replied to Josh’s interest in burning it down. We just have to have a hold harmless agreement in place. 160 Cleveland ownership has changed hands. The old owner informed the new owner that the Town is keeping an eye on this property. It’s kind of a mess right now, but they are working on it. He did go and try to meet the new owner. He has gotten some calls about 143 Broadway. He is sending them a letter. It has a tarp on it with roof damage.

Commissioner Booker asked what is the least amount of land that you need in order to build a house. Daniels explained it depends on the zoning and setbacks. Booker explained .17 is too small she feels.

TDDA UPDATE

TDDA Director Paige Henderson updated the Board. She explained that TDDA has been planning a jampacked holiday schedule and making sure they are taking appropriate measures around COVID-19. A virtual Beerfest is planned, as well as the alternative they have planned for Halloween. There will be no Halloween Stroll this year. They will be doing a candy cruise around town. Beerfest will be virtual. Pick up will be at the Depot on the 7th. They have three new members. All or working well together. Planning a virtual retreat with Main Street. She feels really good about where they are. Talking to Board about Tryon Arts & Crafts School hosting a Fourth Friday event in November, taking in consideration social distancing measures and mandates with COVID-19. They are looking at safe ways to do this and take care of our shops downtown.

TOWN MANAGER’S REPORT/TOWN PROJECT PRIORITIZATION, AND CITIZEN INPUT

Town Manager Ollis answered Cherelle’s question. The smallest would be in R-5 that allows for 8,000 square feet which is .18 acre. He will get the information to her later. He explained the ads have been placed in the Garden and Gun online for tourism. That was from the $10,000 grant that we got from the VISITNC program. He has submitted more to the county for the CARES Act. The Nina Simone mural is almost completed. He did a phenomenal job. Paige mentioned to him, that he felt this was his best


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work yet. He did order the ADA swing for Harmon Field. He met with the County about 55 Melrose Avenue. State agencies contacted him. Everything is ready to go. He has secured the N.C. Certified asbestos specialist, so that will allow him to move forward. He met with the auditors on the ABC Store. He completed the salary survey with the League. He met with the county in reference to L’Auberge issue. They did install the sign going to the Eastside. Paige along with TDDA President Heidi Selbee did show the author of a movie script around town. She took pictures and communicated with people to make sure the things that were on the list and required by the production company could be met, so the authors could argue the production companies should film here. They worked with the locals and Airbnb’s and they have been more than gracious with what they have to offer, which would help facilitate this project happening. West Lakeshore has been shut down. Detour signs installed. There are two electronic signs installed to help. They are going to send out Nixles to remind people of the closure. They paved Beaver Street. Generators were inspected. The guys have been mowing and weed eating. Have been doing work on the clocktower lights and drainage. The stairs are retaining water. Cutting sewer line right-of-way. Have repaired more of the ten-inch water line on the mountain. Trimmed hedges on Main Street. Fixed a six-inch water line break on Carolina. They have jet rodded 150 feet of Jervey, which has helped out a lot with some of the issues. Inspections were done at the water plant and sewer plant. Both were good reviews from the State. Laid about three tons of asphalt, cleared culverts, finished paving at IGA parking lot. He contacted the State about reimbursement from Emergency Management and it is on the Governor’s desk. We are renting Rogers Park based on the Governor’s opening up of certain things. We are doing some sidewalk inspections and need to buy a gas-powered sidewalk grinder at a cost of approximately $2,500. Multiple trees down. Fire Department-had the celebration of Life for Tank. Pretty successful. The gear has been ordered, Engine 3 had an issue that has been repaired, done inspections at L’Auberge and researching the responsibilities. Responded to multiple calls. The shifts are working out well. Getting ready for inspections. Police Department-the new CAD system is working out great. Kenny Kempster has put in for retirement. We will have a celebration soon. Looking for a new hire.

COUNCIL/MAYOR REPORT

Commissioner Ingham thanked Mr. Miner for his hard work at Woodland Park. He thanked staff. Doing a great job.

Commissioner Crowell thanked everyone for what they have done. We need to do something for Sammy Qualls. His wife has passed. Ollis will work on something.

Commissioner Armbrust gave kudos to Tryon International Film Festival. Phenomenal PR. Best one they have done yet.

Commissioner Booker commented this has been a really good meeting. The updates are excellent. All of the employees are putting a lot into their work. Be careful what you throw out to the universe, on a personal level and what you do for this Town, because when it comes back, it comes back to you and your family. Take care of yourself and each other and she thinks everything is going to be alright.


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Mayor Peoples explained he has passed out 1,000 business cards and have ordered more. He met a lady that has chosen our Town as a place to live. She can work from anywhere and she chose here. Best Place to Live. On Thursday he presented a 100th Anniversary Proclamation to Lanier Library. He thanked the citizens for all that they do.

CITIZEN COMMENTS & RESPONSES

There were none.

ADJOURN

Mayor Peoples entertained a motion to adjourn. Commissioner Armbrust so moved. The motion carried unanimously.

__________________________

J. Alan Peoples, Mayor

Attest:

____________________________

Susan B. Bell, Town Clerk



Meeting Date: November 17, 2020 Agenda Item Number: 5b Submitted By: Pam Justice Attachments: Tax Releases

Topic: Tax Releases

Requested/Recommended Action & Motion: Approve

Summary Explanation & Background:

Town Priority/Goal (Strategic Plan):

Direct Financial Impact: Reduce expected revenue

Indirect Financial Impact:

Funds Included in Current Budget:

TAX RELEASESNOVEMBER 2020

ACCOUNT # BILL # YEAR NAME AMOUNT REASON

828 3551 2020 STEPHEN SAFT 48.70$ OUTSIDE THE CITY LIMITS408 3063 2020 CYNTHIA HAMILTON 31.63$ COUNTY REVALVE

TOTAL 80.33$



Meeting Date: November 20, 2020 Agenda Item Number: 6 Submitted By: Zach Ollis, Town Manager Attachments: Resolution

Topic: Resolution Authorizing Surplus Property Sale

Requested/Recommended Action & Motion:

Summary Explanation & Background: This request is to surplus the service weapons and allow the sworn law enforcement officers employed by the Town to purchase them.

Town Priority/Goal (Strategic Plan):

Direct Financial Impact:

Indirect Financial Impact:

Funds Included in Current Budget:

RESOLUTION AUTHORIZING SURPLUS PROPERTY SALE

WHEREAS, the Town of Tryon, North Carolina owns various items of personal property and desires to dispose of certain surplus property of the Town; and

WHEREAS, the Board of Commissioners of the Town of Tryon adopted regulations as permitted by N.C General Statue §160A-266(c), authorizing the Town Manager to sell surplus personal property worth less than $10,000.00 by a resolution on December 18, 2012; and

WHEREAS, each individual sale of these service weapons will be under this threshold, but in the interest or transparency, the Town has determined that a formal approval for this surplus property sale is appropriate.

NOW, THEREFORE, BE IT RESOLVED by the Town of Tryon Board of Commissioners that the following described property is hereby declared surplus to the needs of the Town of Tryon:

Make Model Serial Number Sig Sauer P220 G360873 Sig Sauer P220 G352811 Sig Sauer P220 G350887 Sig Sauer P220 G350890 Sig Sauer P220 G361600 Sig Sauer P220 G350888 Sig Sauer P220 G350889 Sig Sauer P220 G350883 Sig Sauer P220 G350886 Sig Sauer P220 37C002090

BE IT FURTHER RESOLVED that the Town Manager is authorized to sell these service weapons to sworn law enforcement officers currently employed by the Town of Tryon at a rate of $225.00 per weapon.

Adopted and approved this 17th day of November, 2020.

______________________________ J. Alan Peoples, Mayor

ATTEST: ___________________________ Susan B. Bell, Clerk

(SEAL)

Approved as to form: ___________________________ William Morgan, Town Attorney

84 Coxe Avenue, Suite 260 | Asheville, NC 28801

t: 828.255.0313 | www.withersravenel.com | License No. C‐0832 Asheville | Cary | Greensboro | Pittsboro | Raleigh | Southern Pines | Wilmington

November 10, 2020

Zach Ollis Town of Tryon 301 N. Trade Street Tryon, NC 28782

RE: Proposal for Professional Services Braewick Road Sewer Rehabilitation Project Project no. CS370620‐02 WR Project No. 08200343.00 Dear Mr. Ollis,

WithersRavenel appreciates the trust you’ve placed in us and is pleased to provide this Agreement for Professional Services to the Town of Tryon for the Braewick Road Sewer Rehabilitation Project.

Please feel free to contact me with any questions and/or to discuss any aspect of the attached proposal. My contact information is below.

Sincerely,

WithersRavenel James N. Johnston, P.E. Senior Project Manager Email: [email protected] Office: 828‐255‐0313 | Mobile: 828‐989‐6785

Braewick Road Sewer Rehabilitation Project WR Project No. 08200343.00 November 10, 2020 P a g e | 2

Town of Tryon

Braewick Road Sewer Rehabilitation Project Proposal for Professional Services

A. Project Description This fee proposal is intended to provide the scope of services and associated fees to provide consulting services per request of Town of Tryon and formalize an agreement for the implementation and logistics for these services.

Listed below is a summary of several key aspects of the project based on our discussions, preliminary research, and Exhibit III. Refer to the Scope of Services and Additional Services/Exclusions for further detailed information.

For the purposes of this proposal and any subsequent agreements the following references shall apply:

Town of Tryon shall be known as the “Client”;

WithersRavenel shall be known as the “Consultant” or “WR”;

The property and overall project shall be known as the “Project”;

Jurisdiction shall be known as "Town";

Polk County shall be known as “County”;

North Carolina Department of Water Infrastructure shall be known as “NCDWI”;

US Army Corps of Engineers shall be known as “USACE”;

The Engineering Report shall be known as “ER”;

The executed proposal shall be known as the “Agreement”.

B. Timeline for Services The Town of Tryon has received an Additional Supplemental Appropriations for Disaster Relief Act of 2019 (ASADRA) loan in the amount of $2,189,950. 50% of the loan (up to a maximum of $1,000,000) will be forgiven. The funding is for the rehabilitation of sewers in the Braewick Road area of the collection system.

WithersRavenel will begin work upon receipt of executed Agreement and written notice to proceed from the Client.

As outlined the Letter of Intent to Fund (LOIF), the following initial schedule has been set:

1. Engineering Report Submittal December 1, 2020

2. Engineering Report Approval May 3, 2020

3. Bid and Design Package Submittal November 1, 2021

4. Bid and Design Package Approval March 1, 2022

5. Advertise, Bid, Receive Authority to Award July 1, 2022

6. Execute Construction Contracts August 1, 2022


C. Scope of Services WithersRavenel shall provide the services identified under each task below as its “Basic Services” under the Agreement:

ENGINEERING REPORT Coordinate to discuss the project and preparation of the ER. WR will perform non‐intrusive field

investigations to understand topology, extent and connectivity of the affected collection system area.

Prepare the ER in accordance with the “Guidance for the Preparation of Engineering Reports and Environmental Information Documents for Collection System Projects” as published by NCDWI which will include the following information:

Executive Summary

Current/Future Situation

Need and Purpose

Alternative Analysis (Alternative Description/Present Worth Analysis)

Proposed Project Description

Financial Analysis Submit the ER to the NCDWI for review in accordance with the grant agreement schedule or any

deadline extensions requested and received. Incorporate NCDWI review comments and resubmit to NCDWI for approval in accordance with the

grant agreement schedule or any deadline extensions requested and received. Furnish one (1) copy of the approved ER to Client.

SEWER COLLECTION SYSTEM EVALUATION WR will utilize a third‐party vendor to perform CCTV and provide video for pipeline assessment. WR will analyze the results of CCTV inspections of the subject gravity sewers to determine which

sections of gravity sewer qualify for trenchless rehabilitation versus those that will need replacement based on observed structural integrity or lack thereof.

WR will perform manhole inspections.

LOCATION AND TOPOGRAPHIC SURVEYING WR will perform a baseline survey of the PROJECT site to establish a drafting basis for project

drawings including roadways, driveways, utility features, landscape features, and ground elevations. The survey will cover an approximate 30‐foot wide corridor centered on the existing gravity sewers. All surveys will be based on State Plane Coordinates and will be listed on plan sheets.

PLANS, TECHNICAL SPECIFICATIONS AND CONTRACT DOCUMENTS

Perform engineering design services for rehabilitation or replacement of the subject gravity sewers and manholes, incorporating the findings from CCTV inspections and site visit investigations.

Prepare construction drawings depicting the proposed improvements including pertinent construction details.

Prepare detailed technical specifications for the implementation of the project. Prepare contracting documents, including but not limited to: Notice to Bidders, Instruction to

Bidders, Contract Agreement, General Conditions of the Contract, Special or Supplementary Conditions.


Submit final drawings, specifications, and contract documents to the NCDWI for review and approval in accordance with the grant agreement schedule or any deadline extensions requested and received.

Incorporate NCDWI review comments and resubmit to NCDWI for approval in accordance with the grant agreement schedule or any deadline extensions requested and received.

Furnish one set of the approved plans, specifications, and contract documents to Client.

PERMITTING WR will prepare the necessary permit applications and supporting materials, obtain Client signatures

and submit applications on behalf of Client. Anticipated permits may include these below if permit thresholds are engaged:

NCDOT Encroachment Agreement

NCDEQ Fast Track (sewer) Client will pay permit fees separate from the professional fees defined herein.

BID PHASE SERVICES Bid Advertisement. WR will assist Client in advertising the PROJECT for competitive bids. This will

include submitting the "Notice to Bidders" to the local newspaper for publication and to the construction trade journals as deemed necessary by WR and Client for proper notification and solicitation of bids.

Client will pay advertisement fees separate from the professional fees defined herein. Submit Bid Documents to Plan Rooms. WR will submit approved Construction Drawings and

Bidding Documents to Contractor Plan Rooms using QuestCDM, and other locations as specifically identified by Client and NCDWI. WR will maintain a plan holders list.

Distribute Bid Documents. WR may furnish copies of Construction Drawings and Bidding Documents as requested by interested bidders and material suppliers. Note: It shall be understood that WR may charge a non‐refundable or partially refundable fee to bidders and material suppliers for the plans and specifications.

Issue Addenda. WR shall provide up to two addenda as necessary to issue clarifications to contract documents and maintain the necessary documentation of the addenda.

Bid Opening. WR will attend bid opening, which may be conducted via internet, tabulate all bids received, evaluate bids received, and issue recommendation to Client for the award of the contract as appropriate. This shall include screening of the low bidder as to experience and experience. A certified bid tabulation shall be provided to NCDWI.

CONSTRUCTION ADMINISTRATION As construction administration and review services are requested by Client, Client agrees that such

administration, review, or interpretation of construction work or documents by WR shall not relieve any contractor from liability in regard to its duty to comply with the engineering standards for the Project, and shall not give rise to a claim against a contractor’s failure to hold in accordance with the applicable plans, specifications or standards.

Execution of the Construction Contract. WR will assemble and facilitate the execution of the contract documents between the Contractor and Client. WR will complete the following items:

Provide the contract documents to Client to review; contracts will not be altered without approval by all affected parties and NCDWI;

Assemble three (3) sets of contract documents and forward them to the Contractor for execution;

Review the Contractor’s executed Agreements including the Performance and Payment Bond, Financial Statement, Insurance coverages, etc.; and


Forward approved contracts to Client for signature and distribute fully executed contracts to all parties, including NCDWI.

Pre‐Construction Conference. WR will coordinate and hold a Pre‐Construction Conference with NCDWI, Client, and Contractor. At the pre‐construction conference, procedural guidelines and specific PROJECT requirements will be discussed. WR will prepare and provide a meeting summary to the NCDWI, Client, and the Contractor. The Contractor shall be responsible to provide its subcontractors with the meeting summary(s).

Contract Administration. WR will provide contract administration required for the PROJECT, including:

Carry out the duties and responsibilities as WR as stated in the General Conditions and Supplemental Conditions of the construction contract; administer the construction contract, respond to Contractor correspondence, issue instructions from Client, and maintain a complete document file for the PROJECT. Documents to be maintained may include: correspondence, quality control documentation, site visit observation records, shop drawings, change order details, meeting notes, costs and payment disbursement data, and progress reports. WR will supervise and manage the work performed by the Resident Project Representative (RPR) during construction.

Site Visits and Progress Meetings. During the construction period, WR will hold monthly progress meetings from Notice‐to‐Proceed through Substantial Completion. In these meetings, Client, WR, and the Contractor will address such items including but not limited to: schedules, coordination problems, design issues, construction issues, pending change orders, outstanding shop drawings and other submittals, procurement delays, material or construction issues, and other potential issues related to completion of the PROJECT.

Shop Drawing and Submittal Review. WR will review and respond to Shop Drawings and samples, the results of tests and inspections (WR shall be entitled to rely on the results of such inspections and tests), and other submittal data which the Contractor is required to submit for conformance with the design concept and compliance with the information given in the Contract Documents; and receive and review (for general content as required by the Specifications) operating and maintenance schedules and instructions, guarantees, bonds and certificates of inspection which are to be assembled by the Contractor in accordance with the Contract Documents. WR will transmit one copy of shop drawings to Client with written comments. Included in the shop drawing review is the assessment of alternates proposed by the Contractor. Alternate requests will be reviewed for conformance with the Contract Specifications. This subtask assumes the review and response to up to five (5) sets of Shop Drawings and up to five (5) reviews and responses to other submittals.

Review, Process and Track Payment Requests. Based on the on‐site observations, information provided by the RPR, and review of the applications for payment and the accompanying data and schedules, WR will assess the percentage of PROJECT completion by the Contractor and recommend payments to the Contractor in the appropriate amount. By recommending payment, WR shall not thereby be deemed to have represented that observations made by WR to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to WR in this Agreement. Neither WR’s review of Contractor’s Work for the purposes of recommending payments nor WR’s recommendation of any payment including final payment will impose on WR responsibility to supervise, direct, or control the Work, or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work.

Change Orders and Time Extensions. WR will provide contract administration services in connection with changes to the construction contract that reflect minor changes or deletions requested by Client, WR, or the Contractor. WR will maintain a listing of additional costs and credits as a result of change orders. Client agrees to review change orders prepared by WR and issue a directive on its opinion of the change order in writing. Larger changes or claims asserted by the Contractor


and/or redesigns, analyses, or evaluation that are beyond the scope of this Scope of Services or required through no fault of WR, requested by Client or Contractor, shall be considered individually, negotiated with Hambone and may be performed as Additional Services.

Final Walk‐Through and Certification. WR will conduct a walk‐through review with the Contractor and the RPR to determine if the PROJECT has reached substantial completion and prepare a punch list of work items needed to meet final completion. After the Contractor has addressed the items in the punch list, WR will conduct one final walk‐through review to determine if the work is acceptable and is in substantial conformance with the drawings and specifications to the best of WR’s knowledge. Once WR and Client deem the work to be acceptable and in substantial conformance with the drawings and specifications (to the best of WR’s knowledge), WR can provide written notice to the Contractor that the work is acceptable. Additionally, WR can recommend final payment to Contractor as appropriate. Additionally, WR can certify that the PROJECT was built within substantial conformance with the drawings and specifications (to the best of WR’s knowledge), but only if:

WR has been allowed to observe construction activities, startup, and testing which he deems appropriate.

WR determines that his observations support that the construction was carried out satisfactorily.

Known nonconforming construction has been satisfactorily corrected. Prepare Record Drawings. Using redline drawings, construction survey, and other information

prepared by the Contractor and the RPR, WR will prepare Record Drawings for the PROJECT. Provide 1‐year warranty inspection.

CONSTRUCTION OBSERVATION Upon approval by Client WR shall provide resident project representative (RPR) as service to Client. WR shall not at any time supervise, direct, control, or have authority over any Contractor’s work,

nor shall WR have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Contractor to comply with Laws and Regulations applicable to that Contractor’s furnishing and performing of its work. WR shall not be responsible for the acts or omissions of any Contractor.

WR neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s, failure to furnish and perform the Work in accordance with the Construction Contract Documents.

WR shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by WR or its Consultants.

The RPR duties are as follows:

Observe the installation and construction of the project.

Document the work in daily field observation reports.

Document weather conditions as well as the ability of the contractor to perform the work.

The Task assumes that part time observation will be required during the majority of the project with full time observation for critical stages such as installation of gravity sewers and/or liners and service lateral connections. Non‐critical stages of construction include activities such as clearing, stripping, erosion and sediment control, miscellaneous grading, and seeding when only periodic observation may be warranted.

In preparing the estimate for RPR hours, WR’s approach is based on experience with similar projects. WR estimates the PROJECT will require a 240‐calendar day construction contract from notice to proceed and final completion. WR understands that the Contractor may


desire to work more than 40 hours per week, such as on Saturdays. If applicable, WR will require in the Contract Documents that the Contractor be responsible for costs associated with RPR hours exceeding 40 hours per week. If the Contractor is required to pay for all RPR hours above 40 hours per week, then Client can be assured that the RPR is being fully utilized toward progress in the work.

Utilizing the assumptions discussed above, WR has estimated that actual construction time requiring an RPR on site will be approximately 600 RPR hours. WR is assuming there will be a mix of part‐time and full time RPR for the duration of the PROJECT. WR will be paid for the actual number of RPR hours worked at an hourly fee established in the attached fee schedule, which includes expenses. WR has no control over inclement weather, the sequence, productivity, and, most importantly, the timing with which the Contractor will complete the work, and thus the number of field observation hours may be more or less than the 600 hours estimate. WR will only be paid for the actual number of RPR hours worked. A daily log will be kept of RPR hours so that Client can track the expenditure of these hours. If conditions of the Agreement or the scope of the work defined in the Agreement between the Contractor and Client is modified, such that the contract time is extended, then WR reserves the right to negotiate an increase in the budget for this task.

D. Exclusions/Additional Services Services that are not included in Section C or are specifically excluded from this Agreement (see below) shall be considered Additional Services if those services can be performed by WR and its agents if requested in writing by the Client and accepted by WR. Additional services shall be paid by the Client in accordance with the Fee & Expense Schedule outlined in Exhibit II. The exclusions are described below but are not limited to the following:

Easement and property research, easement and property surveys, plats and acquisition

Construction Staking Construction Surveying Material Testing

The above list is not all inclusive and the Scope of Services defines the services to be provided by WithersRavenel for this project.

E. Client Responsibilities The following items will be provided by the Client and WithersRavenel will rely upon the accuracy and completeness of this information:

General

Provide representative for communications and decisions;

Coordination and designation of a primary contact for architect, contractor, and other consultants engaged by the Client;

Preferred media platforms for communications with the Client;

Provide in writing, any information as to Client’s requirements for design;

Provide any information needed to complete the Project not specifically addressed in the Scope of Services;

Provide all available information pertinent to the Project, including any GIS information, reports, maps, drawings, and any other data relative to the Project;

Examine all proposals, reports, sketches, estimates and other documents presented by the Consultant and render in writing decisions pertaining thereto within a reasonable period so as not to delay the services of the Consultant;


Give prompt written notice to Consultant whenever Client observes or otherwise becomes aware of any defect in the Project or the services of Consultant;

Attend Town or City meetings as required/needed;

Provide access to property for Consultant and subconsultants;

Discussions/negotiations with adjacent landowners;

Acquire all off‐site utility and/or construction easements required for this Project;

Manage and coordinate the work of any subconsultants/subcontractors that are not directly subcontracted through the Consultant;

All submittal, review, or permitting fees associated with the Project;

Any legal representation requiring an attorney at law; Construction Specific

Arrange a pre‐construction conference with the contractor, Client, Consultant and other design professionals for the final Project coordination prior to the commencement of construction;

Provide direction and payments to contractors;

Coordination with contractor on scheduling or fulfillment of its responsibilities;

Distribution of approved plans and permits to contractor.

F. Compensation for Services WithersRavenel proposes to provide the Basic Services outlined in Section C on a lump sum or hourly basis (as noted in table below) with budgets as shown below plus reimbursable expenses in accordance with Exhibit II. The amounts set forth below have been determined based on the nature, scope and complexity of the Project as represented in the information provided to WithersRavenel by Client prior to submittal of this proposal; subsequent changes thereto may result in additional fees.

Task Number Task Name Fee

1 Engineering Report $30,0002 Sewer Collection System Evaluation $40,0003 Location and Topographic Surveying $32,0004 Plans, Technical Specifications, and Bidding Documents $71,0005 Permitting $5,0006 Bidding Phase Services $12,0007 Contract Phase Services $20,0008 Construction Observation (Hourly) $82,000

Total $292,000(Hourly) Denotes hourly tasks. The fee budgets represented with hourly tasks are good faith estimates of what can be reasonably expected during the performance of this contract.

Invoices will be issued monthly, based on the percentage of completion for each lump sum task and the hourly rate for WithersRavenel personnel in accordance with Exhibit II for hourly tasks, as accomplished during the billing period. Payment is due upon receipt of invoice

The above fees are based on the estimated timelines noted in Section B. Any adjustments to those timelines may result in additional fees.

Consultant may alter the distribution of compensation between individual Tasks noted herein to be consistent with services rendered but shall not exceed the total Lump Sum amount unless approved in writing by the Client.


The attached Exhibit II, Fee & Expense Schedule, is based on Consultant’s rates as of the date of this proposal, and may be subject to change for hourly tasks and any Additional Services that occur after any adjustments to such rates go into effect.

G. Acceptance This proposal is valid 60 days from the date it is transmitted to Client. Receipt of an executed copy of this proposal will serve as the written Agreement between WithersRavenel and Town of Tryon. All Exhibits identified after the signature blocks below, including the Standard Terms and Conditions (Exhibit I) and the Fee & Expense Schedule (Exhibit II), are incorporated herein and are integral parts of the Agreement.

OFFERED BY: ACCEPTED BY:

WithersRavenel Town of Tryon

Attachments:

Exhibit I‐ Standard Terms and Conditions Exhibit II‐ Fee & Expense Schedule

Signature Date Signature Date

Jay N. Johnston, P.E.Name Name

Senior Project ManagerTitle Title

Signature Date

Kevin Eason, P.E. Name

Director of Utilities Title

11/10/2020

11/10/2020

WithersRavenel, Inc. Standard Terms & Conditions Page 1 Effective September 14, 2020

E X H I B I T I Standard Terms and Conditions

WithersRavenel, Inc.

The proposal submitted by WithersRavenel, INC. (“CONSULTANT”) is subject to the following terms and conditions, which form an integral part of the Agreement. By accepting the proposal, the services, or any part thereof, the CLIENT agrees and accepts the terms and conditions outlined below:

1. Payment:

a) The CLIENT will pay CONSULTANT for services and expenses in accordance with periodic invoices to CLIENT and a final invoice upon completion of the services. Each invoice is due and payable in full upon presentation to CLIENT. Invoices are past due after 30 days. Past due amounts are subject to interest at a rate of one and one-half percent per month (18% per annum) on the outstanding balance from the date of the invoice.

b) If the CLIENT fails to make payment to the CONSULTANT within 45 days after the transmittal of an invoice, the CONSULTANT may, after giving 7 days written notice to the CLIENT, suspend services under this Agreement until all amounts due hereunder are paid in full. If an invoice remains unpaid after 90 days from invoice date, the CONSULTANT may terminate the Agreement. If Consultant initiates legal proceedings to collect the fees owed, Consultant shall also be entitled to recover the reasonable expenses of collection including attorney’s fees.

2. Notification of Breach or Default: The CLIENT shall provide prompt written notice to the CONSULTANT if CLIENT becomes aware of any breach, error, omission, or inconsistency arising out of CONSULTANT’s services or any other alleged breach of contract or negligence by the CONSULTANT. The failure of CLIENT to provide such written notice within ten (10) days from the time CLIENT became aware of the fault, defect, error, omission, inconsistency or breach, shall constitute a waiver by CLIENT of any and all claims against the CONSULTANT arising out of such fault, defect, error, omission, inconsistency or breach. Emails shall be considered adequate written notice for purposes of this Agreement.

3. Standard of Care: CONSULTANT shall perform its services in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of professionals providing the same services in the same or a similar locality as the Project. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT WILL OR CAN ARISE OUT OF THE SERVICES PROVIDED BY CONSULTANT OR THIS AGREEMENT.

4. Waiver of Consequential Damages/Limitation of Liability: CLIENT agrees that CONSULTANT’s aggregate liability for any and all claims that may be asserted by CLIENT is limited to $50,000 or to the fee paid to CONSULTANT under this Agreement, whichever is greater. Both CLIENT and CONSULTANT hereby waive any right to pursue claims for consequential damages against one another, including any claims for lost profits.

5. Representations of CLIENT: CLIENT warrants and covenants that sufficient funds are available or will be available upon receipt of CONSULTANT’s invoice to make payment in full for the services rendered by CONSULTANT.

6. Ownership of Instruments of Service: All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by the CONSULTANT as instrument of service, shall remain the property of the CONSULTANT. The CONSULTANT shall retain all common law, statutory and other rights, including the copyright thereto. In the event of termination of this Agreement and upon full payment of fees owed to CONSULTANT,

CONSULTANT shall make available to CLIENT copies of all plans and specifications.

7. Change Orders: CONSULTANT will treat as a proposed change order any written or oral order (including directions, instructions, interpretations, or determinations) from CLIENT which requests changes in the Agreement or CONSULTANT’s Scope of Services. If CONSULTANT accepts the proposed change order, CONSULTANT will give CLIENT written notice within ten (10) days of acceptance of any resulting increase in CONSULTANT’s fees.

8. Opinion of Cost/Cost Estimates: Since the CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of CONSULTANT’S experience and qualifications and represent its reasonable judgment as an experienced and qualified professional familiar with the construction industry; but the CONSULTANT cannot and does not guarantee the proposals, bids or actual costs will not vary significantly from opinions of probable costs prepared by it. If at any time the CLIENT wishes assurances as to the amount of any costs, CLIENT shall employ an independent cost estimator to make such determination.

9. Assignment and Third Parties: Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the CLIENT and CONSULTANT, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and the CONSULTANT and not for the benefit of any other party. Neither the CLIENT nor the CONSULTANT shall assign, sublet, or transfer any rights under or interests in this Agreement without the written consent of the other, which shall not be unreasonably withheld. However, nothing contained herein shall prevent or restrict the CONSULTANT from employing independent subconsultants as the CONSULTANT may deem appropriate to assist in the performance of services hereunder.

10. Project Site: Should CLIENT not be owner of the Project site, then CLIENT agrees to notify the site owner of the possibility of unavoidable alteration and damage to the site. CLIENT further agrees to indemnify, defend, and hold harmless CONSULTANT against any claims by the CLIENT, the owner of the site, or persons having possession of the site which are related to such alteration or damage.

11. Access to Site: CLIENT is responsible for providing legal and unencumbered access to site, including securing all necessary site access agreements or easements, to the extent necessary for the CONSULTANT to carry out its services.

12. Survival: All of CLIENT’s obligations and liabilities, including but not limited to, its indemnification obligations and limitations of liability, and CONSULTANT’s rights and remedies with respect thereto, shall survive completion, expiration or termination of this Agreement.

13. Termination: Either party may terminate the Agreement with or without cause upon ten (10) days advance written notice, if the other party has not cured or taken reasonable steps to cure the breach giving rise to termination within the ten (10) day notice period. If CLIENT terminates without cause or if CONSULTANT terminates for cause, CLIENT will pay CONSULTANT for all costs incurred, non-cancelable commitments, and fees earned to the date of termination and through demobilization, including any cancellation charges of vendors and subcontractors, as well as demobilization costs.

WithersRavenel, Inc. Standard Terms & Conditions Page 2 Effective September 14, 2020

14. Severability: If any provision of this Agreement, or application thereof to any person or circumstance, is found to be invalid then such provision shall be modified if possible, to fulfill the intent of the parties as reflected in the original provision. The remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by applicable law.

15. No Waiver: No waiver by either party of any default by the other party in the performance of any provision of this Agreement shall operate as or be construed as a waiver of any future default, whether like or different in character.

16. Merger, Amendment: This Agreement constitutes the entire Agreement between the CONSULTANT and the CLIENT and all negotiations, written and oral understandings between the parties are integrated and merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the CONSULTANT and the CLIENT.

17. Unforeseen Occurrences: If, during the performance of services hereunder, any unforeseen hazardous substance, material, element of constituent or other unforeseen conditions or occurrences are encountered which affects or may affect the services, the risk involved in providing the service, or the recommended scope of services, CONSULTANT will promptly notify CLIENT thereof. Subsequent to that notification, CONSULTANT may: (a) if practicable, in CONSULTANT’s sole judgment and with approval of CLIENT, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; (b) Agree with CLIENT to modify the Scope of Services and the estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or (c) Terminate the services effective on the date of notification pursuant to the terms of the Agreement.

18. Force Majeure: Should completion of any portion of the Agreement be delayed for causes beyond the control of or without the fault or negligence of CONSULTANT, including force majeure, the reasonable time for performance shall be extended for a period at least equal to the delay and the parties shall mutually agree on the terms and conditions upon which Agreement may be continued. Force majeure includes but is not restricted to acts of God, acts or failures of governmental authorities, acts of CLIENT’s contractors or agents, fire, floods, epidemics, pandemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes, and unusually severe weather.

19. Safety: CONSULTANT is not responsible for site safety or compliance with the Occupational Safety and Health Act of 1970 (“OSHA”). Job site safety remains the sole exclusive responsibility of CLIENT or CLIENT’s contractors, except with respect to CONSULTANT’S own employees. Likewise, CONSULTANT shall have no right to direct or stop the work of CLIENT’s contractors, agents, or employees.

20. Dispute Resolution/Arbitration: Any claim or other dispute arising out of or related to this Agreement shall first be subject to non-binding mediation in accordance with the then-current Construction Industry Mediation Procedures of the American Arbitration Association (“AAA”). If mediation is unsuccessful, such claim or other dispute shall be subject to arbitration in accordance with the AAA’s then-current Construction Industry Arbitration Rules. Any demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. CLIENT agrees to the inclusion in such arbitration (whether by initial filing, by joinder or by consolidation) of any other parties and of any other claims arising out of or relating to the Project or to the transaction or occurrence giving rise to the claim or other dispute between CLIENT and CONSULTANT.

21. Independent Contractor: In carrying out its obligations, CONSULTANT shall always be acting as an independent contractor and not an employee, agent, partner or joint venturer of CLIENT. CONSULTANT’s work does not include any supervision or direction of the work of other contractors, their employees or agents, and

CONSULTANT’s presence shall in no way create any liability on behalf of CONSULTANT for failure of other contractors, their employees or agents to properly or correctly perform their work

22. Hazardous Substances: CLIENT agrees to advise CONSULTANT upon execution of this Agreement of any hazardous substances or any condition existing in, on or near the Project Site presenting a potential danger to human health, the environment or equipment. By virtue of entering into the Agreement or of providing services, CONSULTANT does not assume control of, or responsibility for, the Project site or the person in charge of the Project site or undertake responsibility for reporting to any federal, state or local public agencies, any conditions at the Project site that may present a potential danger to the public, health, safety or environment except where required of CONSULTANT by applicable law. In the event CONSULTANT encounters hazardous or toxic substances or contamination significantly beyond that originally represented by CLIENT, CONSULTANT may suspend or terminate the Agreement. CLIENT acknowledges that CONSULTANT has no responsibility as a generator, treater, storer, or disposer of hazardous or toxic substances found or identified at a site. Except to the extent that CONSULTANT has negligently caused such pollution or contamination, CLIENT agrees to defend, indemnify, and hold harmless CONSULTANT, from any claim or liability, arising out of CONSULTANT's performance of services under the Agreement and made or brought against CONSULTANT for any actual or threatened environmental pollution or contamination if the fault (as defined in N.C.G.S. 22B-1(f)(7)) of CLIENT or its derivative parties (as defined in N.C.G.S. 22B-1(f)(3)) is a proximate cause of such claim or liability.

23. Choice of Law: The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the law of the State of North Carolina, excluding only its conflicts of laws principles.

24. Construction Services: If construction administration and review services are requested by the CLIENT, CLIENT agrees that such administration, review, or interpretation of construction work or documents by CONSULTANT shall not relieve any contractor from liability in regard to its duty to comply with the applicable plans, specifications, and standards for the Project, and shall not give rise to a claim against CONSULTANT for contractor’s failure to perform in accordance with the applicable plans, specifications or standards.

25. Field Representative: If CONSULTANT provides field services or construction observation services, the presence of the CONSULTANT's field personnel will only be for the purpose of providing observation and field testing of specific aspects of the Project. Should a contractor be involved in the Project, the CONSULTANT's responsibility does not include the supervision or direction of the actual work of any contractor, its employees, or agents. All contractors should be so advised. Contractors should also be informed that neither the presence of the CONSULTANT's field representative nor the observation and testing by the CONSULTANT shall excuse contractor in any way for defects in contractor's work. It is agreed that the CONSULTANT will not be responsible for job or site safety on the Project and that the CONSULTANT does not have the right to stop the work of any contractor.

26. Submittals: CONSULTANT’s review of shop drawings and other submittals is to determine conformity with the design concept only. Review of shop drawings and submittals does not include means, methods, techniques, or procedures of construction, including but not limited to, safety requirements.

Engineers | Planners | Surveyors

E X H I B I T I I

Fee & Expense Schedule

Effective January 1, 2020 – Schedule is subject to change

Description Rate Description Rate Description Rate

Principal 205$ Principal 200$ Principal 200$

Client Experience Manager 190$ Senior Technical Consultant 185$ Senior Technical Consultant 185$

Senior Project Manager 175$ Geomatics Senior Manager 175$ Environmental Project Professional V 170$

Project Manager 160$ Geomatics Project Manager II (SR PM) 145$ Environmental Project Professional IV 155$

Assistant Project Manager 145$ Geomatics Project Manager I 135$ Environmental Project Professional III 140$

Geomatics Project Professional II 140$ Environmental Project Professional II 130$

Senior Technical Consultant 190$ Geomatics Project Professional I 125$ Environmental Project Professional I 120$

Senior Project Engineer 175$ Geomatics CAD III 110$ Environmental Staff Professional III 115$

Project Engineer III 160$ Geomatics CAD II 95$ Environmental Staff Professional II 105$

Project Engineer II 145$ Geomatics CAD I 75$ Environmental Staff Professional I 95$

Project Engineer I 135$ Geomatics GIS Specialist 120$ Environmental Technician II 90$

Staff Professional III 125$ Geomatics GIS Tech III 105$ Environmental Technician I 75$

Staff Professional II 115$ Geomatics GIS Tech II 90$ Senior Biologist/Wetlands Scientist 145$

Staff Professional I 95$ Geomatics GIS Tech I 75$ Biologist/Wetlands Scientist III 125$

Senior Project Coordinator 110$ Geomatics Remote Sensing Crew (2-Man) 255$ Biologist/Wetlands Scientist II 115$

Project Coordinator 95$ Geomatics Remote Sensing Crew (1-Man) 180$ Biologist/Wetlands Scientist I 105$

Senior Designer 140$ Geomatics SUE Crew (2-Man) 225$ Senior Hydrogeologist 165$

Designer II 120$ Geomatics SUE Crew (1-Man) 160$ Project Geologist II (Sr. Proj. Geologist) 140$

Designer I 110$ Geomatics Survey Crew III (3-Man) 200$ Project Geologist I 120$

Senior CAD Technician 115$ Geomatics Survey Crew II (2-Man) 160$ Staff Geologist II 110$

CAD Technician II 100$ Geomatics Survey Crew I (1-Man) 130$ Staff Geologist I 100$

CAD Technician I 90$ Geomatics Survey Tech IV 105$

Geomatics Survey Tech III 95$ Office Administrator III 100$

Zoning Specialist 225$ Geomatics Survey Tech II 70$ Office Administrator II 95$

Senior Landscape Architect 165$ Geomatics Survey Tech I 45$ Office Administrator I 90$

Landscape Architect III 150$ Administrative Assistant III 80$

Landscape Architect II 135$ F&AM Principal Consultant 165$ Administrative Assistant II 70$

Landscape Architect I 125$ F&AM Senior Project Manager 135$ Administrative Assistant I 65$

Landscape Designer II 115$ F&AM Project Manager 115$

Landscape Designer I 105$ F&AM Project Consultant II 100$ Bond Prints (Per Sheet) 1.75$

Senior Planner 155$ F&AM Project Consultant I 90$ Mylar Prints (Per Sheet) 11.00$

Planner III 135$ F&AM Staff Professional 70$ Mileage Per IRS

Planner II 115$ Delivery – Project Specific (Distance & Priority)

Planner I 105$ Subcontractor Fees (Markup) 1.15

Planning Technician 95$ Expenses / Reprod. / Permits (Markup) 1.15

Construction Administration

Senior Construction Manager 155$

Construction Manager II 135$

Construction Manager I 125$

Senior Resident Project Representative 115$

Resident Project Representative II 105$

Resident Project Representative I 95$

Expenses

Landscape Architecture/Planning

Engineering

Environmental / Geology

Funding and Asset Management

Administrative

Engineering/Landscape Architecture Project Mgmt Geomatics