TOWN OF GARNERapps.garnernc.gov/TownCouncil/10-18-2016.pdf · 2016. 10. 18. · Town of Garner . Town Council Agenda . October 18, 2016 . Dinner will be served for town officials

TOWN OF GARNER

TOWN COUNCIL MEETING

OCTOBER 18, 2016 7:00 P.M.

Garner Police Department Training Room

912 7th Avenue, Garner

Town of Garner Town Council Agenda

October 18, 2016

Dinner will be served for town officials in the Conference Room at 6:15 p.m.

The Council will meet in regular session at 7:00 p.m. in the Garner Police Department Training Room located at 912 7th Avenue. A. CALL MEETING TO ORDER/ROLL CALL: Mayor Ronnie Williams The Council will call for a brief recess at 9:00 p.m. B. PLEDGE OF ALLEGIANCE: Council Member Jackie Johns C. INVOCATION: Council Member Jackie Johns 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 take action or deliberate on 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.

E. ADOPTION OF AGENDA F. PRESENTATIONS

1. WakeMed Health & Hospitals ……………………………………………………………………………….Page 5 Presenter: Andi Curtis

Ms. Curtis will provide an update on the numbers of patient visits, services offered, the “return to work” partnership with its primary care office, and an update on the events they have been a part of in the community.

G. CONSENT

All items on the Consent Agenda are considered routine, to be enacted by one motion and without discussion. If a member of the governing body requests discussion of an item, the item will be removed from the Consent Agenda and considered separately. 1. Minutes from Closed Sessions held on December 15, 2015, January 19 & 26 ……….Page 6

February 1 & 16, March 7 & 22, April 19, May 2, 17, & 31, June 6, 21 & 28, and July 5, 2016

Action: Adopt Minutes

Page 1

2. Agency Funding/Programming Partners Agreements Approved in the …………….……Page 7 FY 2016–17 Budget

Presenter: Michael Gammon, Budget & Special Projects Manager

Following budget adoption, agreements were prepared and forwarded to each of the agencies receiving appropriations this year. Once approved, the Town will make payment to the organizations in accordance with the schedule set out in each agreement. Agreements have been executed and returned by: Community of Hope Ministries, Towne Players of Garner, Inc., Garner Area Ministries, and American Legion Post 232.

Action: Authorize Execution of Agreements

3. Resolution Declaring Trash Collection Projects for 2017 ……………………………….…… Page 21 Presenter: Paul Cox, Public Works Director

This Resolution declares the Town’s unprepared trash pick-up special projects for 2017 as provided by the Solid Waste Ordinance. Pickup dates for the spring unprepared waste cleanup will begin the weeks of March 27, April 3, and April 10, 2017. The fall unprepared cleanup will begin the weeks of October 30, November 6, and November 13, 2017. These projects will be based on the normal garbage collection routes.

Action: Adopt Resolution No. (2015) 2303 4. Resolution Setting Public Hearing for Annexation Petitions ANX-16-03 …………….. Page 24

ANX-16-04, and ANX-16-05 This Resolution sets a Public Hearing on November 7, 2016 for a 115.47 acre tract

located at 8025 Country Club Drive (Meadowbrook Country Club tract), a satellite annexation for a 2.8 acre tract located at 711 Maxwell Drive and a contiguous annexation for a 20.1 acre tract located at the end of Forest Landing Drive (Bryan Nature Park tract).

Action: Adopt Resolution (2016) 2304

H. PUBLIC HEARINGS I. NEW/OLD BUSINESS

1. Offer to Purchase of Real Property at 8101 Hebron Church Road …………………….. Page 32 Presenter: William E. Anderson, Town Attorney

The owners of a 6.07 acre parcel at 8101 Hebron Church Road have accepted an offer to purchase in the amount of $275,000. This parcel is located between Hebron Church Road and the Meadowbrook Country Club and is needed for a park entrance because the existing entrance roadway and the land area around it are inadequate to handle park ingress and egress. The parcel is appropriately located for such a purpose.

Action: Authorize purchase of property in the amount of $275,000

Page 2

2. Resolution Setting Public Hearing for Financing of Real Property ………………….…… Page 34 and Rolling Stock

Presenter: Pam Wortham, Finance Director

This Resolution sets a Public Hearing on November 7, 2016 in connection with the financing costs associated with the Meadowbrook project, financing the purchase cost of vehicles as authorized in the FY 17 budget, and refinancing of the BB&T bonds that are collateralized by the Public Works facility. The total amount of borrowing is not to exceed $7,250,000.

Action: Adopt Resolution (2016) 2305

3. Spring Drive and Vandora Springs Road Sidewalk Design ………….……………………….. Page 38

Presenter: Tony Chalk, Town Engineer

Engineering Department staff has requested design service agreements with Ramey Kemp & Associates to design the sidewalk improvements proposed as part of the Town's bond projects along Spring Drive and Vandora Springs Road. Action: Authorize Execution of Contract with Ramey Kemp & Associates in the amount of $140,300

4. Bond Project Update ………………………………………………………………………………………… Page 77 Presenter: Michael Gammon, Budget & Special Projects Manager

A brief overview will be provided regarding the status of the bond program, specifically changes and updates from the last report.

Action: No Action Required

5. Bond Projects Detailed Discussion – Parks & Rec Bonds …………………………………. Page 109 Presenter: John Hodges, Assistant Town Manager-Development Services

In preparation for the third sale of bonds from the 2013 program, staff has prepared a summary of the Parks and Recreational Bond Projects to use as a discussion guide. Action: Council Project Prioritization and Next Steps

J. COMMITTEE REPORTS K. MANAGER REPORTS

1. garner info 2. Building & Permit Report 3. Finance Report

L. ATTORNEY REPORTS

Page 3

M. COUNCIL REPORTS N. CLOSED SESSION

Pursuant to N.C. General Statutes Section 143-318.11(a)1)) and 143-318.11(a)(3)) to discuss possible prospective litigation.

O. ADJOURNMENT

Page 4

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:

WakeMed Health & Hospitals

AdministrationStella Gibson, Town Clerk

Andi Curtis

Ms. Curtis will provide an update on the numbers of patient visits, services offered, the “return to work” partnership with its primary care office, and an update on the events they have been a part of in the community.

Presentation only; no action

None

SG

RD

October 18, 2016

Presentations

Page 5


Agenda Form



Detailed Notes:

Funding Source:



Initials: Comments:

Department Head:

Finance Director:

Town Attorney:

Town Manager:

Town Clerk:

Approval of Closed Session Minutes

AdministrationStella Gibson, Town Clerk

Stella Gibson, Town Clerk

Approval of Minutes from Closed Sessions held on December 15, 2015, January 19 & 26, February 1 & 16, March 7 & 22, April 19, May 2, 17, & 31, June 6, 21 & 28, and July 5, 2016

Adopt Minutes

n/a

None

SG

RD

October 18, 2016

Consent

Page 6


Agenda Form



Detailed Notes:

Funding Source:



Initials: Comments:

Department Head:

Finance Director:

Town Attorney:

Town Manager:

Town Clerk:

Agency Funding/Programming Partners Agreements Approved in FY 2016-17 Budget

Town Manager's Office; Town Clerk's OfficeMichael Gammon or Stella Gibson

Michael Gammon, Budget and Special Projects Manager

Following budget adoption, agreements were prepared and forwarded to each of the agencies receiving appropriations this year. Once approved, the Town will make payment to the organizations in accordance with the schedule set out in each agreement. Agreements have been executed and returned by: American Legion Post 232, Garner Area Ministries, Community of Hope, and the Towne Players of Garner.

Authorize execution of agreements.

Agreements are included in the agenda.

FY 2016-17 General Fund Budget

The Town thanks these program partners for filling a need and serving the Garner community.

MG

RD

October 18, 2016

Consent

$35,343

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Agenda Form



Detailed Notes:

Funding Source:



Initials: Comments:

Department Head:

Finance Director:

Town Attorney:

Town Manager:

Town Clerk:

Unprepared Trash and Yard Waste Clean-Up

Public WorksPaul Cox, Public Works Director

Paul Cox, Public Works Director

This Resolution requests approval for the 2017 Spring and Fall Clean-Up Program.

Adopt Resolution (2016) 2303

Proposed dates for the 2017 Spring Unprepared Trash and Yard Waste Clean-Up are the weeks of March 27, April 3, and April 10. Proposed dates for the 2017 Fall Unprepared Yard Waste Clean-up are the weeks of October 30, November 6, and November 13.

None

PC

RD

October 18, 2016

Consent

Page 21

To: Town Council From: Donna Huff-Public Works Proposed dates for the 2017 Spring Unprepared Trash & Yard Waste Cleanup Easter is Sunday, April 16th Town Holiday is Friday, April 14th Monday-March 27th Monday-Red & Gray Wednesday-Orange & White Monday-April 3rd Thursday-Purple & Yellow Friday-Brown Monday-April 10th Friday-Blue Tuesday-Green, Gold, & Tan Proposed dates for the 2017 Fall Unprepared Yard Waste Cleanup Thanksgiving is Thursday, November 23rd Town Holiday is Thursday, Nov. 23rd & Friday, Nov. 24th Monday-October 30th Monday-Red & Gray Wednesday-Orange & White Monday-November 6th Thursday-Purple & Yellow Friday-Brown Monday-November 13th Friday-Blue Tuesday-Green, Gold, Tan

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RESOLUTION NO. (2016)2303 RESOLUTION DECLARING SPECIAL TRASH COLLECTION PROJECTS

WHEREAS, Town Ordinances require that all trash and yard waste

collected at the curbside shall be tied into bundles, placed in clear plastic bags, or otherwise placed in containers not larger than 32 gallons; and

WHEREAS, Town Ordinances provide for special fees and charges if certain volumes or weights are exceeded on any one collection day; and

WHEREAS, the Town Council has determined a need for providing some relief from these requirements and limitations; and

WHEREAS, the Town Code contains a provision for the establishment

of special collection projects;

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF GARNER that the three (3) weeks of March 27, 2017, April 3, 2017 and April 10, 2017 will be declared as Unprepared Trash and Yard Waste Collection Weeks during which residents may place trash, bulky waste items, and yard waste at the curb for collection without regard to weight limits, volume limits, or containerization requirements. The three (3) weeks of October 30, 2017, November 6, 2017 and November 13, 2017 will be declared as Unprepared Yard Waste Collection Weeks, during which residents may place unprepared yard waste at the curb for collection without regard to weight limits, volume limits or containerization requirements. The collection of such materials as shall be placed at the curb during this time frame will be subject to a particular schedule, such that no one location will be served more than once. In addition, the collection of unprepared materials will not include appliances, household hazardous wastes, construction rubbish left by commercial builders, and trees, limbs, and stumps left by commercial tree services. In order to receive unprepared trash services, trash and yard waste will be placed into separate piles, metal rims will be removed from any tires, and the number of tires to be collected will be limited to four (4) per residence.

Duly adopted by the Garner Town Council, this 18th day of October, 2016.

__________________________ Ronnie S. Williams, Mayor

ATTEST:

Stella L. Gibson, Town Clerk

Page 23


Agenda Form



Detailed Notes:

Funding Source:



Initials: Comments:

Department Head:

Finance Director:

Town Attorney:

Town Manager:

Town Clerk:

Annexation Petitions ANX-16-03, ANX-16-04 and ANX-16-05

Planning Brad Bass, Planning Director

Brad Bass

Satellite annexation for a 115.47 acre tract located at 8025 Country Club Drive (Meadowbrook Country Club tract), satellite annexation for a 2.8 acre tract located at 711 Maxwell Drive and contiguous annexation for a 20.1 acre tract located at the end of Forest Landing Drive (Bryan Nature Park tract).

Adopt Resolution (2016) 2304 setting public hearing for November 7, 2016

See attached staff report.

None

MBB

RD

October 18, 2016

Consent

Page 24

Town of Garner

Annexation Staff Report

Garner Town Council October 18, 2016

ANNEXATION APPLICATION:

ANX 16-03

OWNER:

Town of Garner

CONTIGUOUS / SATELLITE: Satellite LOCATION OF PROPERTY:

8025 Country Club Drive

WAKE COUNTY PIN #: REAL ESTATE ID #:

1629850981 0046557

AREA: 115.47 acres

ZONING:

Wake County R-30 (Town of Garner Rezoning Pending)

ASSOCIATED DEVELOPMENT PLAN:

None (Future Park)

EXISTING USE:

Abandoned golf course

RECOMMENDATION:

Set public hearing date to November 7, 2016

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R-20

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CLIFFORD RD

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Town of GarnerPlanning Department .

AnnexationANX 16-03

Property Location: Country Club DriveProperty Owner: Town of GarnerPIN: 1629850981Acreage: 115

SITE

GARNER POLICE ZONE: 8427

Existing Town Limits

0 2,0001,000Feet

Page 26

Town of Garner




ANX 16-04

OWNER:

Town of Garner

CONTIGUOUS / SATELLITE: Contiguous LOCATION OF PROPERTY:

Forest Landing Drive (end)


1710924101 0009408

AREA: 20.1 acres

ZONING:

R-40


None

EXISTING USE:

Passive Open Space

RECOMMENDATION:


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R-15

R-15

BENSON RD

BRYAN RD

TIMBER DR E

LEAH

LN

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FOXBURY DR

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NOVEMBER ST

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BRYAN RD

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NOVEMBER ST

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AnnexationANX 16-04

Property Location: Forest Landing DriveProperty Owner: Town of GarnerPIN: 1710924101Acreage: 20.18

SITE



0 1,000500 Feet

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Town of Garner




ANX 16-05

OWNER:

Robert & Susan Jones

CONTIGUOUS / SATELLITE: Satellite LOCATION OF PROPERTY:

711 Maxwell Drive


1701443013 0432285

AREA: 2.8 acres

ZONING:

R-40


Building permit for single-family home that will connect to Town water & sewer

EXISTING USE:

Vacant

RECOMMENDATION:


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R-15R-15

R-15

R-15

MAXWELL DR

GROVEMONT RD

OLD STAGE RD

GREENBRIER RD

WINTE

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FAYE

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PINEWINDS DR

CINDY DR

LOCUST LN

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SUNNY LN

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KITCHEN DR

ELMWOOD DR

JUNI

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RANCH FARM RD

BENTPI NE DR

CLEARVIEW ST

MIDL

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ST

RANCH FARM RD

R-15R-15

R-15

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MAXWELL DR

GROVEMONT RD

OLD STAGE RD

GREENBRIER RD

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CINDY DR

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VANESSA DR

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ELMWOOD DR

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RANCH FARM RD

BENTPI NE DR

CLEARVIEW ST

MIDL

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ST

RANCH FARM RD


AnnexationANX 16-05

Property Location: 711 Maxwell DriveProperty Owner: Robert & Susan JonesPIN: 1701443013Acreage: 2.8

SITE



0 760380 Feet

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RESOLUTION NO. (2016)2304 RESOLUTION FIXING DATE OF PUBLIC HEARINGS ON QUESTION OF ANNEXATIONS PURSUANT TO G.S. 160A-31 and 160A-58.1, AS AMENDED,

WHEREAS, 3 petitions requesting annexation of the areas described herein have been received; and WHEREAS, the Town Council has by resolution directed the Town Clerk to investigate the sufficiency thereof; and WHEREAS, certification by the Town Clerk as to the sufficiency of said petitions have been made; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Garner, North Carolina: Section 1. That public hearings on the question of annexation of the areas described herein will be held at the Town Hall at 7:00 p.m. on the 7th day of November, 2016. Section 2. The areas proposed for annexation are described as follows:

(ANX 16-03) Country Club Drive- satellite

(ANX 16-04) Forest Landing Drive – contiguous (ANX 16-05) 711 Maxwell Drive – satellite

Section 3. Notice of said public hearings shall be

published in the Garner-Cleveland Record, a newspaper having general circulation in the Town of Garner, at least ten (10) days prior to the date of said public hearings.

Duly adopted this 18th day of October, 2016.

____________________________ Ronnie S. Williams, Mayor

ATTEST:_______________________

Stella L. Gibson, Town Clerk

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Agenda Form



Detailed Notes:

Funding Source:



Initials: Comments:

Department Head:

Finance Director:

Town Attorney:

Town Manager:

Town Clerk:

Offer to Purchase of Real Property at 8101 Hebron Church Road

AdministrationWilliam E. Anderson, Town Attorney

William E. Anderson, Town Attorney

The owners of a 6.07 acre parcel at 8101 Hebron Church Road have accepted an offer to purchase in the amount of$275,000. This parcel is located between Hebron Church Road and the Meadowbrook Country Club and is neededfor a park entrance because the existing entrance roadway and the land area around it are inadequate to handlepark ingress and egress. The parcel is appropriately located for such a purpose.

Authorize purchase of property in the amount of $275,000

$275,000

This parcel will facilitate the better use of the Meadowbrook property when it is developed.

WEA

RD

October 18, 2016

Consent

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DisclaimeriMaps makes every effort to produce and publish the most current and accurate information possible.However, the maps are produced for information purposes,and are NOT surveys. No warranties, expressed or implied,are provided for the data therein, its use,or its interpretation.

0 860 1,720430 ft

1 inch = 800 feet±Page 33


Agenda Form



Detailed Notes:

Funding Source:



Initials: Comments:

Department Head:

Finance Director:

Town Attorney:

Town Manager:

Town Clerk:

Resolution Setting Public Hearing for Financing of Real Property and Rolling Stock

FinancePam Wortham

Pam Wortham

This Resolution sets a public hearing in connection with the financing costs associated with the Meadowbrook project, financing the purchase cost of vehicles as authorized in the FY 17 budget, and refinancing of the BB&T bonds that are collateralized by the Public Works facility. The Public Hearing is to be set for 7:00 p.m. on November 7, 2016. Total amount of borrowing is not to exceed $7,250,000.

Adopt Resolution (2016) 2305

Debt issuance

PW

PW

RD

October 18, 2016

Old/New Business

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Resolution (2016) 2305

The Town Council for the Town of Garner, North Carolina met in a regular meeting in

the Training Room at the Town’s Police Station located at 912 Seventh Avenue in Garner, North

Carolina, the regular place of meeting, at 7:00 p.m. on October 18, 2016.

Present Mayor Ronnie S. Williams, presiding, and Council Members

Absent: Council Members

Also Present:

* * * * * *

__________________ introduced the following resolution the title of which was read and

copies of which had been distributed to each Council Member:

RESOLUTION CALLING A PUBLIC HEARING IN CONNECTION WITH THE FINANCING OF THE ACQUISITION COST OF CERTAIN REAL PROPERTY AND ROLLING STOCK AND THE REFINANCING OF IMPROVEMENTS TO THE TOWN’S PUBLIC WORKS FACILITIES AND THE ACQUISITION OF WATER AND SEWER CAPACITY

WHEREAS, the Town Council (the “Town Council”) of the Town of Garner (the

“Town”) has previously approved the acquisition of (a) an approximately 120-acre tract of

property for future use as parks and recreation facilities (the “Meadowbrook Project”) and (b)

certain vehicles and rolling stock for the Town (the “Rolling Stock Equipment” and, together

with the Meadowbrook Project, the “Project”);

WHEREAS, the Town has previously entered into an installment purchase contract (the

“Prior Contract”) with Branch Banking and Trust Company for the purpose of financing certain

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public works improvements, including improvements to the Town’s public works facility (the

“Prior Project”) and the acquisition of water and sewer capacity from the City or Raleigh, North

Carolina;

WHEREAS, the Town is considering financing the cost of the Project and refinancing its

obligations under the Prior Contract pursuant to one or more installment financing arrangements

(collectively, the “Agreement”);

WHEREAS, as security for its obligations under the Agreement, the Town proposes to

grant a lien on all or a portion of the Rolling Stock and the sites of the Project and the Prior

Project, together with all improvements and fixtures located or to be located thereon;

WHEREAS, in accordance with Section 160A-20(g) of the North Carolina General

Statutes, the Town is required to hold a public hearing on the proposed Agreement described

above; and

NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town as follows:

1. The Town Council hereby fixes 7:00 p.m. on November 7, 2016 in the Training Room

of the Town’s Police Station located at 912 Seventh Avenue in Garner, North Carolina, as the

hour, day and place for the public hearing on the proposed Agreement.

2. The Town Council hereby directs the Town Clerk to publish notice of such public

hearing once in the Garner-Cleveland Record not later than the 10th day before said date.

3. This resolution shall take effect immediately upon its passage.

Upon motion of Council Member _________________, seconded by Council Member

_____________, the foregoing resolution was adopted by the following vote:

Ayes:

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Noes:

* * * * * *

I, Stella Gibson, Town Clerk of the Town of Garner, North Carolina, North Carolina, DO

HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of the Town

Council for said Town at a regular meeting held on October 18, 2016, as it relates in any way to

the passage of the foregoing resolution relating to an installment financing agreement by said

Town and that said proceedings are recorded in the minutes of said Town Council.

I DO HEREBY FURTHER CERTIFY that proper notice of such regular meeting was

given as required by North Carolina law.

WITNESS my hand and official seal of said Town this 18th day of October, 2016.

____________________________________ Town Clerk

[SEAL]

WCSR 37279584v1 Page 37


Agenda Form



Detailed Notes:

Funding Source:



Initials: Comments:

Department Head:

Finance Director:

Town Attorney:

Town Manager:

Town Clerk:

Design services contracts with Ramey Kemp for sidewalks on Spring Drive and Vandora Springs Road

EngineeringTony Chalk

Tony Chalk

Engineering Department staff has requested design services agreements with Ramey Kemp Associates to design the sidewalk improvements proposed as part of the Town's bond projects along Spring Drive and Vandora Springs Road.

Authorize Execution of Contract with Ramey Kemp and Associates

See attached proposals from Ramey Kemp. Note that the Vandora Springs project has a 6 month period built into the timeline for approval of the letter of map amendment that is required to cross Buck Branch with the sidewalk.

Bond project funding

$140,300

None

TC

RD

October 18, 2016

Old/New Business

Page 38

September 21, 2016 Mr. Tony Chalk, PE Town Engineer Town of Garner 900 7th Avenue Garner, NC 27529 [email protected] Reference: Roadway/Sidewalk Design – Spring Drive Sidewalk, Garner, NC Subject: Transportation Engineering Services Agreement Dear Mr. Chalk: Ramey Kemp & Associates Inc. (RKA) is pleased to provide you with this Transportation Engineering Services Agreement for the above referenced project. The following is our proposed scope of services for the Project (“Services”). The parties acknowledge that the scope of services may change following consultation or coordination with the Town or NCDOT. The parties agree that should the scope of services change following any such consultation or coordination, RKA will provide the Client with a revised proposal or an addendum to this agreement setting forth any such changes and associated costs to be paid by Client. If the parties cannot agree on the costs for any such changes, the work associated with the changes will be billed as Additional Services.

I.) SCOPE OF SERVICES:

A.) Roadway Design Improvements:

1. It is assumed that the following improvements will be required. a. Adding curb and gutter and sidewalk on approximately 850 feet along the west side of Vandora

Springs Road from the existing sidewalk near St. Mary’s Church to Spring Drive; b. Adding sidewalk on approximately 2,300 feet of Spring Drive between Vandora Springs Road and

Buckhorn Road; and, c. Adding approximately 350 linear feet of curb and gutter and sidewalk on the west side of Spring

Drive from the 90 degree turn in Spring Drive to the new Garner High School driveway.

All design efforts will be coordinated with the Town and NCDOT.

2. Survey efforts will be performed by Timmons Group and will utilize the latest conventional surveying technologies to meet or exceed all minimum standards of land surveying in North Carolina as adopted by the Board. RKA will coordinate the required limits of the surveys that will be required. See attached scope of services and fee proposal from Timmons Group in Exhibit A.

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mailto:[email protected]

3. RKA will coordinate with the Town and NCDOT to determine the design criteria to be used for this project

and develop a typical section. Preliminary plans will be prepared for the roadway/sidewalk improvements and submitted to the Town and NCDOT. The plans will be prepared at 1”=40’ scale (plan view) or larger and will show, but not be limited to, roadway design data, pavement widening, sidewalk, curb ramps, radius turnouts to intersecting roads, construction limits, etc.

It is expected that the following plan sheets will be included in the preliminary submittal:

a) Title Sheet b) Typical Sections and Pavement Designs c) Roadway Improvement Plans d) Pavement Marking Plans e) Cross Sections

RKA will also prepare a preliminary opinion of probable cost at the completion of the preliminary plans.

4. Up to four (4) meetings/site visits with the Town/NCDOT are included in this scope of services.

5. RKA will prepare and submit the necessary NCDOT encroachment agreement applications and coordinate with NCDOT to obtain approval.

6. Ecological Engineering will prepare a natural system investigation/report, 401/404 permitting, FEMA coordination and analysis on the existing culvert, storm drainage design and erosion control design for the project. Erosion Control plans will also be prepared and coordinated with NCDENR and the Town for permitting. All permit application fees shall be paid by the Town. RKA will coordinate these services with Ecological Engineering. See attached scope of services and fee proposal from Ecological Engineering in Exhibit A.

7. RKA will coordinate existing private utility conflicts and relocations required for the proposed

improvements with the appropriate utility company. Minor adjustments to above ground water and sewer services such as valve and manhole adjustments will be included on the plans. RKA will provide color utility maps to all utility companies to coordinate relocations and conflict areas. RKA will coordinate with the proper private utility company to provide private utility relocation plans. No major underground or overhead utility design is included in this scope of services. If utility design/relocation is required, RKA can provide these services under a supplemental agreement.

8. RKA will develop traffic control plans to include phasing notes and details per NCDOT and Town standards.

9. Pavement marking and signing plans will be prepared in accordance with MUTCD and NCDOT standards. 10. Prepare final plans and submit to the Town and NCDOT for approval. It is expected that the following

plan sheets will be included in the submittal: a) Title Sheet b) Typical Sections and Pavement Designs

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c) Roadway and Drainage Design d) Traffic Control Plans e) Pavement Marking and Signing Plan f) Erosion Control g) Cross Sections

RKA will prepare a final opinion of probable cost at the completion of the final plans to provide to the client (for use in comparing construction bids) and to NCDOT (for use in establishing an appropriate bond amount).

11. This project will be designed using the latest Town and NCDOT standard drawings, specifications and

guidelines. RKA will coordinate with the Town on any documents required for inclusion in the contract documents.

12. RKA will assist the Town with bidding efforts by attending the pre-bid meeting and pre-construction meeting. No construction administration is included in this scope of services at this time. We are available to provide these services if the Town so chooses and can scope these services at a later date. RKA will however, provide As-Built drawings using the contractors red line field plans to provide the Town with a record set of drawings.

13. Geotechnical Investigation is not included. It is assumed that the Town will coordinate construction

testing services for this work once construction begins. 14. No landscaping design or street lighting design is included in this scope of services. 15. The following services are among those that are not indicated in the above scope and have been excluded

from the fee estimates, but may be required. We are prepared to offer some, but not all, of these services, if needed:

a) Major Underground or Overhead Utility Design b) Contract Documents/Bidding c) Construction Inspection d) Geotechnical Investigations e) Landscaping Plans f) Street Lighting g) Encroachment Agreement for Utilities h) Materials Testing i) Right of Way Acquisition Services j) Right of Way Plats

B.) Additional Services: Additional (extra) services are defined as any work item not included in the above scope of services that are requested by the client or review agencies. Additional services will be billable at the RKA billing rates that are current at the time the extra work is identified. Any meetings not included in the scope of services

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will be considered extra. Extra work will be identified either in writing or by verbal communication, if requested by the client.

II.) SUMMARY OF FEES:

RKA will provide the above noted services based on the following fee(s).

Service(s) Lump Sum or Hourly+Expenses

FEE

A.) Roadway Design Lump Sum $22,000 Surveying Lump Sum $9,500 Natural Systems/Hydraulics Lump Sum $30,400

TOTAL $61,900

a.) Fee is valid for 30 days from the date of this agreement. b.) RKA’s hourly rates/expenses are subject to change and RKA reserves the right to make modifications. c.) A schedule of Hourly Rate and Reimbursable Expenses can be provided upon request.

III.) DEPOSIT: Client may be required to pay to RKA up to ten percent (10%) of the fee identified in the proposal before RKA commences any services or work pursuant to this Agreement. RKA will submit invoices to client as provided herein as the services are performed. RKA will hold the client’s deposit and credit the amount of the deposit against RKA’s final invoice(s) for RKA’s services. IV.) GENERAL CONDITIONS: RKA General Conditions (Attachment 1) are incorporated herein by reference (see attached). The undersigned client represents and acknowledges that they have been provided with a copy of the General Conditions and have read and fully understand the General Conditions.

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V.) ACCEPTANCE: The undersigned represents and warrants that (1) he or she is duly authorized and has legal capacity to execute/deliver this Agreement, (2) the execution/delivery of this Agreement and the performance of the Client’s obligations hereunder have been duly authorized, (3) and the Agreement is a valid/legal agreement binding on the Client and enforceable in accordance with its terms. Accepted this _________ day of ___________________________ (month), _________ (year) Client Name:______________________________________ (Print) By: _____________________________________________ Title: ____________________________ (Sign) (Print) We very much appreciate you contacting us and look forward to assisting you with this project. Sincerely, Ramey Kemp & Associates, Inc. Montell W. Irvin, P.E., PTOE President / CEO Attachments: 1- RKA General Conditions

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ATTACHMENT - 1 Ramey Kemp & Associates General Conditions

(As of January 1, 2016) 1.01 Payment Procedures

A. Invoices: Invoices are due and payable upon receipt. If Client fails to make any payment due Engineer for Services, extra work, or expenses within 30 days after receipt of Engineer’s invoice, then (1) the amounts due Engineer will be increased at the rate of 1.5% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and (2) in addition Engineer may, after giving three days written notice to Client, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, extra work, expenses, and other related charges. Client waives any and all claims against Engineer for any such suspension.

B. Payment: As compensation for Engineer providing or furnishing Services and extra work, Client shall pay Engineer as set forth herein. If Client disputes an invoice, either as to amount or entitlement, then Client shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion.

2.01 Termination A. The obligation to continue performance under this Agreement may be terminated for cause:

1. By either party upon 14 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Engineer for its Services shall constitute a substantial failure to perform and a basis for termination.

2. By Engineer: a. upon seven days written notice if Client demands that Engineer furnish or perform services contrary to

Engineer’s responsibilities as a licensed professional; or b. upon seven days written notice if the Engineer’s Services are delayed for more than 30 days for reasons

beyond Engineer’s control. B. Engineer shall have no liability to Client on account of a termination for cause by Engineer. C. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under

Paragraph 2.01.A.1 if the party receiving such notice begins, within three days of receipt of such notice, to correct its substantial failure to perform, proceeds diligently to cure such failure, and does cure such failure within no more than 14 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 14-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 30 days after the date of receipt of the notice.

D. The Agreement may be terminated for convenience by Client effective upon Engineer's receipt of written notice from Client.

E. In the event of any termination under Paragraph 2.01.D, Engineer will be entitled to invoice Client and to receive full payment for all Services and extra work performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and extra work, Engineer’s consultants’ charges, if any, and any other reasonable costs incurred by Engineer as a result of such termination.

3.01 General Considerations A. Should completion of any portion of the Services by Engineer be delayed, suspended, or impaired, through no fault of

Engineer, then the time for completion of Engineer’s Services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably.

B. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents other than those made by Engineer or its consultants.

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C. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains all ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Client shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Client, subject to receipt by Engineer of full payment due and owing for all Services and extra work relating to preparation of the documents and subject to the following limitations: 1. Client acknowledges that such documents are not intended or represented to be suitable for use on the Project

unless completed by Engineer, or for use or reuse by Client or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer;

2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Client’s sole risk;

3. Client shall defend, indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and such limited license to Client shall not create any rights in third parties.

D. To the fullest extent permitted by law, Client and Engineer waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project.

E. ENGINEER AND CLIENT AGREE THAT ENGINEER’S (INCLUDING ENGINEER’S OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS, AND EMPLOYEES) TOTAL LIABILITY TO THE CLIENT AND TO ANYONE CLAIMING BY, THROUGH, OR UNDER THE CLIENT FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, COSTS, DAMAGES, AND EXPENSES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PERFORMED HEREUNDER, WHETHER ARISING IN CONTRACT, TORT, EQUITY, STRICT LIABILITY, BY STATUTE, OR OTHERWISE, SHALL BE LIMITED TO $25,000.00 OR ENGINEER’S TOTAL FEE FOR THE SERVICES PERFORMED HEREUNDER, WHICHEVER IS GREATER.

F. Any disputes relating to or arising out of this Agreement or Engineer’s Services shall be subject to mandatory mediation, which shall be a condition precedent to any form of binding dispute resolution. The Parties shall select a mutually agreeable mediator for any such dispute and the Parties agree to split the mediator’s costs evenly. The Parties may mutually agree to waive mediation. Any disputes not resolved by mediation shall be subject to Arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules in effect as of the date of this Agreement.

G. This Agreement shall be governed by the laws of the State of North Carolina. The Parties agree that any dispute or other legal action relating to this Agreement, shall be conducted only in Wake County, North Carolina, unless otherwise agreed to by the Parties or provided by law.

H. A party’s non-enforcement of any provision in the Agreement shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or the remainder of this Agreement.

Client Initials: ___________

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EXHIBIT A

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LETTER OF AGREEMENT

September 21, 2016

Tre Dugal, PE Roadway Design Manager

5808 Faringdon Place, Suite 100

Raleigh, NC 27609 SUBJECT: Letter Agreement and Fee Proposal for Surveying Services

for the Vandora Springs and Spring Drive Sidewalk Projects Located in Garner, North Carolina

Dear Mr. Dugal;

Thank you for inviting us to provide a proposal for Surveying Services to Ramey Kemp Associates, herein referred to as the Client, for the Sidewalk Projects located in Garner, North Carolina. We feel that our previous experience providing surveying services for this type of project and our knowledge of your requirements are a good fit to serve you on this project. Timmons Group is pleased to offer a proposal for the following professional

services:

SCOPE AND SCHEDULE OF SERVICES

Task 1 - Survey Control/Project Office Preparation 1) The surveying efforts will meet or exceed all Minimum Standards of Land

Surveying in North Carolina as adopted by the Board under regulatory authority of Title 21, Chapter 56, Section .1600 of the North Carolina Administrative Code, and per NCDOT Standards.

2) Timmons will verify or establish horizontal and vertical control for the project, prior to commencement of work. All control set for this project will be iron markers set in the ground/pavement to provide horizontal and vertical monumentation for the site. Timmons will provide the control both horizontally (NC Grid NAD83 NSRS 2007) and with vertical datum (NAVD88). Information pertaining to this control will be provided to the Client and the Client's representatives, upon request.

3) Timmons will survey a portion of the existing rights-of-way along Vandora Springs Road and Spring Drive in order to establish the topographic and planimetric information accurately on the property. These boundary surveying efforts do not represent a complete title search or boundary

survey by Timmons. 4) The project areas will be as follows:

a) The Vandora Springs Road sidewalk project that would include all rights-of-Way from Timber Drive to Miriam Avenue, and being the southerly side of the roadway from the centerline to the Rights-of-Way.

b) Spring Drive sidewalk project Vandora Springs Road to the southerly property line of the Garner High School Property, and being the northerly

side of Spring Drive to the dead end, and then the westerly side of Spring drive to the Garner High School Property. from the centerline to the Rights-of-Way.

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5) Timmons will provide deed research for all properties along the survey area,

per Wake County Register of Deeds.

Task 2 – Topographic Survey 1) Timmons will provide a topographic survey for the subject project areas as

follows: a) The Vandora Springs Road sidewalk project that would include all rights-of-

Way from Timber Drive to Miriam Avenue, and being the southerly side of the roadway from the centerline to the Rights-of-Way.

b) Spring Drive sidewalk project Vandora Springs Road to the southerly

property line of the Garner High School Property, and being the northerly side of Spring Drive to the dead end, and then the westerly side of Spring drive to the Garner High School Property. from the centerline to the Rights-of-Way.

2) Timmons will also survey all driveway and roadway intersection and entrances 25 feet past the project limits to ensure accurate tie in information. The Topographic survey will include contours at one (1) foot

intervals and spot shots as necessary. All planimetric information will be field surveyed and graphically shown on the survey.

3) Timmons will survey the culvert crossing at Vandora Springs Drive. 4) Timmons will provide the topographic survey at a scale determined by the

Client in Microstation V8 DGN format.

Task 3 – Utility Location and Surveying 1) Timmons will not locate underground utilities, but will make its best effort to

determine underground utilities from above-ground visible improvements and any existing paint marks on the ground at the time of the survey. Timmons will also utilize existing maps and records to plot the utilities in the survey to be provided to the Client.

2) Timmons will Underground Utility location for all utilities visible through

aboveground evidence and any recently marked and painted on site utilities by others. Timmons will not guarantee to locate all utilities on the site, but will identify all underground utilities based on above ground improvements and painted utilities as provided on the site by others. Timmons or their representatives will not investigate or locate utilities which are not evident from aboveground utility markers or devices, paint markings, previous surveys or other information provided by the Client.

Lump Sum Fee Vandora Springs Road = $6,500*

Lump Sum Fee for Spring Drive = $9,500*

* (All services are presented as a “Lump Sum” fee. Fee is valid for sixty days from date of this proposal). Lump Sum fee does not include Lot Staking tasks.

Timmons shall exercise the same degree of care, skill, and diligence in the delivery of the Scope of Services as is ordinarily possessed and exercised by a member of the same profession, currently practicing, under similar circumstances. No other warranty, express or implied, is included in this Proposal or in any drawing, specification, report, opinion, or other instrument of service, in any form or media, produced in connection with the Services, Any and all implied warranties relating to Timmons's Services under this Proposal are hereby

disclaimed and, therefore, do not apply.

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Special Conditions and Exclusions 1) The Client will provide Timmons the following information: All deeds and

title research, title opinions and all other data which may be of assistance to

compete our task. Any supporting research in hardcopy and electronic format shall be provided prior to the commencement of Survey field effort.

2) Wetland delineation, identification or location is not part of this scope of services.

3) Geotechnical Engineering services is not part of this scope of services. 4) Timmons understands the Client may have a particular deadline for this

project. Timmons will aggressively attempt to meet the Clients’ schedule, and proposes that the field and office effort for this project will take approximately one (3) weeks. It is understood that delays in the schedule may result from weather, property conflicts, municipality or jurisdictional requirements, or other matters outside of the direct control of Timmons. Timmons will advise the Client of any variance in the schedule.

Thank you again for the opportunity to provide a proposal to Ramey Kemp Associates for professional services on this project. We will proceed upon receipt of this signed agreement.

Sincerely,

Thomas E. Teabo Thomas E. Teabo, PLS, CFS Survey Manager Acknowledged & Accepted:

CLIENT

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GENERAL TERMS AND CONDITIONS

1. SCOPE OF SERVICES: The Scope of Services performed under this Agreement shall be as described in TIMMONS GROUP’ proposal or other cover document of which these General Terms and Conditions are made a part. The proposal or other cover document and these General Terms and Conditions are hereinafter referred to as the “Agreement.” Separate Change Orders signed by authorized representatives of TIMMONS GROUP and the Client may, from time to time, describe and incorporate into this Agreement additional or different services to be performed under this Agreement. The General Terms and Conditions shall apply to the Change Orders except to the extent expressly modified by such Change Order. TIMMONS GROUP’ services with regard to the specific properties covered by this Agreement and subsequent Change Orders, if any, shall hereinafter be referred to as the “Project” or “Projects.” 2. STANDARD OF CARE: In providing services under this Agreement, TIMMONS GROUP will endeavor to perform in a manner consistent with the degree of skill and care ordinarily exercised by members of the same profession currently practicing under similar circumstances. It is not the intention of TIMMONS GROUP to provide or offer to provide services inconsistent with or contrary to such practices, nor to make any warranty or guaranty, expressed or implied, nor to have any agreement or contract for services subject to provisions of any Uniform Commercial Code. Moreover, it is not the intention of TIMMONS GROUP to accept any terms and conditions offered by the Client in its purchase order, requisition, or notice of authorization to proceed except as set forth herein or as expressly accepted in writing. Written acknowledgement or receipt of the actual performance of services subsequent to receipt of any such purchase order, requisition or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 3. CODE COMPLIANCE: TIMMONS GROUP shall exercise usual and customary professional care in its efforts to comply with all applicable codes, laws, regulations and the policies of regulatory agencies in effect as of the date of the Agreement. Design changes made necessary by newly enacted codes, laws, regulations and the policies of regulatory agencies after the date of this Agreement shall be treated as an Additional Service and TIMMONS GROUP shall be entitled to appropriate additional compensation. The Client understands that different officials charged with the enforcement of such codes, laws, regulations and policies of regulatory agencies may have different or inconsistent interpretations of the requirements of such codes, laws, regulations and policies of regulatory agencies, and that TIMMONS GROUP shall not be liable for any damages arising from conflicting interpretations by different officials. In the event of a conflict between the codes, laws, regulations or policies of regulatory agencies which apply to the Project, TIMMONS GROUP shall notify the client of the nature and impact of such conflict, and the Client agrees to cooperate and work with TIMMONS GROUP in an effort to resolve the conflict. 4. ELECTRONIC FILES: Because of the possibility that information and data delivered in an electric file format may be altered, whether inadvertently or otherwise, TIMMONS GROUP reserves the right to retain the original tapes, disks and other forms of electronic data, and to remove from copies provided to the Client all identification reflecting the involvement of TIMMONS GROUP in their preparation. TIMMONS GROUP also reserves the right to retain hard copy originals of all Project documentation which is delivered to the Client in electronic file format, which originals shall govern in the event of any inconsistency between the two. It is also understood that the automated conversion of information and data from the system and format used by TIMMONS GROUP to an alternate system or format may not be able to be accomplished without the introduction of inaccuracies, errors and anomalies. In the event any Project documentation provided to the Client in electric file format is so converted by the Client, or someone acting on the Client’s behalf, Client agrees to assume all risks associated therewith and, to the fullest extent permitted by law, to indemnify TIMMONS from and against any claims, liabilities, damages, losses and costs, including but not limited to attorneys fees, arising therefrom or in connection therewith. 5. GOVERNING LAW: This Agreement shall be governed according to the laws of the State of North Carolina. 6. THIRD PARTY RIGHTS: This Agreement shall not create any rights or benefits to parties other than the Client and TIMMONS GROUP. 7. ASSIGNMENT: This Agreement may not be assigned without the express written consent of the Client and TIMMONS GROUP.

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GENERAL TERMS AND CONDITIONS (cont.)

8. PROJECT SITE SAFETY: TIMMONS GROUP’ Project site responsibilities are limited solely to the activities of TIMMONS GROUP and TIMMONS GROUP’ employees on the Project site. These responsibilities shall not be inferred by any party to mean that TIMMONS GROUP has responsibility for Project site safety. The Client and TIMMONS GROUP agree that Project site safety is the sole and exclusive responsibility of the Project Contractor(s). The parties likewise agree that the Project Contractor(s) is solely responsible for Project means, methods, techniques, sequences of operation and procedures, and that TIMMONS GROUP shall have no obligations relating to these Contractor(s) duties. 9. LIMITATION OF LIABILITY: To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of TIMMONS GROUP and TIMMONS GROUP’ officers, directors, partners, employees and subconsultants, and any of them, to the Client and anyone claiming by or through the Client, for any and all claims, losses, or damages, including attorneys fees, in any way related to or arising from the Project or the Agreement, shall not exceed the total compensation received by TIMMONS GROUP under this Agreement, or the total amount of $50,000, whichever is greater. 10. INDEMNIFICATION: TIMMONS GROUP agrees, to the fullest extent permitted by law, to indemnify the Client, its officers, directors and employees, against all damages, liabilities or costs, including reasonable attorneys fees and defense costs, to the extent caused solely by TIMMONS GROUP’ negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom TIMMONS GROUP is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify TIMMONS GROUP, its officers, directors and employees, against all damages, costs and liabilities, including reasonable attorneys fees, caused solely by the Client’s negligent acts in connection with the Project and that of its Contractor(s), subcontractors or consultants or anyone for whom the Client is legally liable. Neither TIMMONS GROUP nor the Client shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence.

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1151 SE Cary Parkway, Suite 101 Cary, North Carolina 27518

(919) 557-0929

September 16, 2016 Mr. Tré Dugal, PE Ramey Kemp and Associates 5808 Faringdon Place Suite 100 Raleigh, NC 27609 Re: Scope for Natural Systems and Hydraulic Design, FEMA Compliance and Erosion Control

Designs for Spring Drive Sidewalk Project, Town of Garner, Wake County, NC Dear Tré: Ecological Engineering, LLP (Ecological Engineering) sincerely appreciates the opportunity to provide engineering and consulting services with regard to the abovementioned project. As per your request, Ecological Engineering will prepare a natural systems investigation, drainage design, erosion control design and permitting for the Spring Drive sidewalk improvements in the Town of Garner, Wake County. The proposed project includes approximately 3500 linear feet of new sidewalk, curb and gutter installation, and pavement improvements along Springs Drive from Buckhorn Road to Vandora Springs Road. Please see the attached detailed scope of work for project specific deliverables and exclusions. Ecological Engineering proposes an initial Lump Sum Engineering Fee of $ 30,400.00 for design services. This fee is divided among the three tasks provided below: Task 1: Natural Resources Investigations $ 2,900.00 Task 2: Drainage Design $ 14,200.00 Task 3: Erosion Control Design and Permitting $ 11,000.00 Task 4: 404/401 Permitting $ 2,300.00 This fee covers time and expenses associated with preparing the Natural Resources Investigations, Roadway Drainage Design, Erosion Control Design and Permitting, and 404/401 Permits. Ecological Engineering will provide monthly invoices based on a percent complete billing amount. Ecological Engineering understands the importance of maintaining a timely project schedule and we will work with Ramey Kamp and Associates to develop a timeline of deliverables that meets the ultimate goals of the Town’s sidewalk project.

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We sincerely appreciate this opportunity to continue our working relationship. If you have any questions or concerns regarding this scope and fee, or any other item, please do not hesitate to contact me at (919) 557-0929. Your signature below notes your acceptance of this proposal. Respectfully submitted ECOLOGICAL ENGINEERING, LLP

Jenny S. Fleming, PE Principal cc: G. Lane Sauls, Jr. Frank F. Fleming, PE

File

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Spring Drive Sidewalks - Scope of Services TASK 1: Natural Resources Investigations Natural resources, including plant and animal communities will be evaluated during the initial phase of this project. Ecological Engineering will perform a site reconnaissance throughout the entire study area to evaluate and document existing natural resources. These evaluations include, but are not limited to vegetative community analysis and description, aquatic and terrestrial wildlife habitat documentation and protected species identification. As part of the field reconnaissance, our staff with document all natural community types and dominant vegetation. Stream and wetland determinations will be made based on current delineation criteria. This criteria includes using the 1987 Corps of Engineers Wetland Delineation Manual, NCDENR Division of Water Resources (DWR) stream assessment worksheets and other required data and worksheets. Jurisdictional resources will be identified and flagged. Timmons Group will be responsible for surveying each flag and including each wetland boundary and jurisdictional stream in the final survey file as delivered to Ramey Kemp and Associates. A jurisdictional determination request will be made on behalf of the Town of Garner (Town) to the US Army Corps of Engineers (USACE) and DWR. This request will include an agent authorization letter, vicinity map, data forms for both wetland and their adjacent upland areas, worksheets, survey plats and other supporting information. Ecological Engineering will coordinate with representatives from both agencies to verify the extent and locations of jurisdictional resources. Copies of the approved Jurisdictional Determination will be provided to the Town. Task 2: Drainage Design Ecological Engineering will conduct a field reconnaissance to supplement existing condition surveys provided and to verify said surveys. Once all field surveys are complete, we will prepare the drainage design plans in accordance with the latest NCDOT “Guidelines for Drainage Design,” and the Town of Garner’s design guidelines. Task 3: Erosion Control Design and Permitting Ecological Engineering is keenly aware of the importance of protecting our waters and wetlands from sedimentation. With this understanding we will develop erosion and sedimentation control plans to prevent, as much as practicable, the escape of sediment from the construction site. This process begins with a review of all environmental documents associated with the proposed project and correspondence between the Town and all regulating authorities. This will include a watershed analysis to determine the classifications of receiving waters. Ecological Engineering will prepare a Clearing and Grubbing Plan and a Final Grade Plan. The two phases will be designed in concurrence, in order, to utilize devices during different phases of the construction project. The Clearing and Grubbing Plan is the “meat” of the design and will concentrate on perimeter controls. Jurisdictional areas and ESA’s will be identified and protected. Off-site “clean water” will be identified and diverted away from disturbed areas. Attempts will be made to locate skimmer basins on the perimeter of the project, in order to maintain the device through the entire project or as much as possible. The perimeter of the project will be protected with temporary diversion ditches to dewatering devices and/or silt fence with wattle or rip rap breaks.

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The Final Grade design will continue to safeguard receiving waters from sediment laden runoff while protecting newly installed drainage structures and newly placed fill until stabilization measures can be established. This may include the use of inlet protection devices, slope drains, and velocity checks. During this phase any matting requirements for ditches and/or slopes will be determined. Also any pipe or box culvert construction phasing will be developed. Coordination with the hydraulic engineer and sometimes the roadway or traffic engineer will need to occur to determine the most economical and constructible method required. All erosion control measures will be located outside all wetlands and as far from stream banks as practical. As no Outstanding Resource Waters (ORW), High Quality Waters (HQW), or Water Supply I or II (WS-I and WS-II) water occur within one mile downstream of the project, all erosion control measures will be designed for the 10-yr storm event. Ecological Engineering will develop and complete erosion control-related permit applications. Ecological Engineering will coordinate, complete the required paperwork and ascertain permits on behalf of the Town. All fees associated with the Land Disturbance permit will be the responsibility of the Town of Garner. Task 4. Section 404/401 Permitting Ecological Engineering will develop and complete environmentally-related permit applications, including those associated with Sections 404 and 401 of the Clean Water Act, as amended. Ecological Engineering will coordinate, complete the required paperwork and ascertain permits on behalf of the Town. Depending on the amount and degree of overall impact, the timeline associated with this task will take between one and six months. All fees associated with the 404/401 permit will be the responsibility of the Town of Garner. HOURLY AND OUT-OF-SCOPE TASKS During the course of a project, tasks may arise that required effort beyond this scope of work. Such out-of-scope tasks will be billed to Ramey Kemp on a time and material basis when such labor and directs have been approved by Ramey Kemp in advance. Proposed hourly rates will include overhead and profit. Any expenses will be passed through with no markup.

PROPOSED HOURLY RATES Classification Hourly Rate Principal Engineer / Principal Scientist $160 Project Manager/ Senior Engineer $130 Project Scientist $120 Project Engineer $110 Design Engineer $95 Scientist $95 Technician $75

If out-of-scope tasks become substantial, Ecological Engineering and Ramey Kemp may work together to determine an appropriate fee for a particular service.

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DELIVERABLES The following is a list of project deliverables by task, if additional hard copy plans are required, Ecological Engineering will request supplemental compensation for the additional cost burden.

Task 1: • Field Sketch of Jurisdictional areas for survey crew • Concurrence on T&E species impacts • Preliminary Jurisdictional Determination

Task 2:

• Drainage Design layout in Microstation format • Drainage calculation sheets (pipe data, ditches and storm drain calculations)

Task 3:

• Erosion Control Design layout in Microstation format • Erosion Control Special Provisions and Quantities • Approved Erosion Control Permit from Land Quality

Task 4:

• 404/401 Permit Application • Approved 404/401 Permit

EXCLUSIONS The following items are excluded from this scope of services. If these additional services are requested, Ecological Engineering will prepare supplemental scopes and fee estimates according to standard protocols.

• Establishment of survey control. • Survey assistance. • Natural Resources Technical Report. • PCE development. • Northern Long-eared Bat surveys. • Culvert Survey Report • Mussel Survey • FEMA Coordination • FEMA Fees • Land Quality permitting fees • Section 404, 401 permit-related fees. • Construction management/ Oversight. • Construction contractor coordination. • Above-ground or subsurface existing or proposed utilities coordination and design. • Design work associated with proposed greenways, sidewalks, bridges, etc. • ASTM Phase I and Phase II Environmental Site Assessments.

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September 21, 2016 Mr. Tony Chalk, PE Town Engineer Town of Garner 900 7th Avenue Garner, NC 27529 [email protected] Reference: Roadway/Sidewalk Design – Vandora Springs Road Sidewalk, Garner, NC Subject: Transportation Engineering Services Agreement Dear Mr. Chalk: Ramey Kemp & Associates Inc. (RKA) is pleased to provide you with this Transportation Engineering Services Agreement for the above referenced project. The following is our proposed scope of services for the Project (“Services”). The parties acknowledge that the scope of services may change following consultation or coordination with the Town or NCDOT. The parties agree that should the scope of services change following any such consultation or coordination, RKA will provide the Client with a revised proposal or an addendum to this agreement setting forth any such changes and associated costs to be paid by Client. If the parties cannot agree on the costs for any such changes, the work associated with the changes will be billed as Additional Services.

I.) SCOPE OF SERVICES:

A.) Roadway Design Improvements:

1) It is assumed that the following improvements will be required. a. Widening of Vandora Springs Road between Timber Drive and Miriam Avenue, approximately

1,400 linear feet to include curb and gutter along both sides and a sidewalk on one side, most likely the south side of the road.

All design efforts will be coordinated with the Town and NCDOT.

2) Survey efforts will be performed by Timmons Group and will utilize the latest conventional surveying

technologies to meet or exceed all minimum standards of land surveying in North Carolina as adopted by the Board. RKA will coordinate the required limits of the surveys that will be required. See attached scope of services and fee proposal from Timmons Group in Exhibit A.

3) RKA will coordinate with the Town and NCDOT to determine the design criteria to be used for this project

and develop a typical section. Preliminary plans will be prepared for the roadway/sidewalk improvements

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mailto:[email protected]

and submitted to the Town and NCDOT. The plans will be prepared at 1”=40’ scale (plan view) or larger and will show, but not be limited to, roadway design data, pavement widening, sidewalk, curb ramps, radius turnouts to intersecting roads, construction limits, etc.

It is expected that the following plan sheets will be included in the preliminary submittal:

a) Title Sheet b) Typical Sections and Pavement Designs c) Roadway Improvement Plans d) Pavement Marking Plans e) Cross Sections

RKA will also prepare a preliminary opinion of probable cost at the completion of the preliminary plans.

4) Up to four (4) meetings/site visits with the Town/NCDOT are included in this scope of services.

5) RKA will prepare and submit the necessary NCDOT encroachment agreement applications and coordinate with NCDOT to obtain approval.

6) Ecological Engineering will prepare a natural system investigation/report, 401/404 permitting, FEMA coordination and analysis on the existing culvert, storm drainage design and erosion control design for the project. Erosion Control plans will also be prepared and coordinated with NCDENR and the Town for permitting. All permit application fees shall be paid by the Town. RKA will coordinate these services with Ecological Engineering. See attached scope of services and fee proposal from Ecological Engineering in Exhibit A.

7) RKA will coordinate existing private utility conflicts and relocations required for the proposed

improvements with the appropriate utility company. Minor adjustments to above ground water and sewer services such as valve and manhole adjustments will be included on the plans. RKA will provide color utility maps to all utility companies to coordinate relocations and conflict areas. RKA will coordinate with the proper private utility company to provide private utility relocation plans. No major underground or overhead utility design is included in this scope of services. If utility design/relocation is required, RKA can provide these services under a supplemental agreement.

8) RKA will develop traffic control plans to include phasing notes and details per NCDOT and Town standards.

9) Pavement marking and signing plans will be prepared in accordance with MUTCD and NCDOT standards. 10) Prepare final plans and submit to the Town and NCDOT for approval. It is expected that the following

plan sheets will be included in the submittal: a) Title Sheet b) Typical Sections and Pavement Designs c) Roadway and Drainage Design d) Traffic Control Plans e) Pavement Marking and Signing Plan

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f) Erosion Control g) Cross Sections

RKA will prepare a final opinion of probable cost at the completion of the final plans to provide to the client (for use in comparing construction bids) and to NCDOT (for use in establishing an appropriate bond amount).

11) This project will be designed using the latest Town and NCDOT standard drawings, specifications and

guidelines. RKA will coordinate with the Town on any documents required for inclusion in the contract documents.

12) RKA will assist the Town with bidding efforts by attending the pre-bid meeting and pre-construction meeting. No construction administration is included in this scope of services at this time. We are available to provide these services if the Town so chooses and can scope these services at a later date. RKA will however, provide As-Built drawings using the contractors red line field plans to provide the Town with a record set of drawings.

13) Geotechnical Investigation is not included. It is assumed that the Town will coordinate construction

testing services for this work once construction begins. 14) No landscaping design or street lighting design is included in this scope of services. 15) The following services are among those that are not indicated in the above scope and have been excluded

from the fee estimates, but may be required. We are prepared to offer some, but not all, of these services, if needed:

a) Major Underground or Overhead Utility Design b) Contract Documents/Bidding c) Construction Inspection d) Geotechnical Investigations e) Landscaping Plans f) Street Lighting g) Encroachment Agreement for Utilities h) Materials Testing i) Right of Way Acquisition Services j) Right of Way Plats

B.) Additional Services:

Additional (extra) services are defined as any work item not included in the above scope of services that are requested by the client or review agencies. Additional services will be billable at the RKA billing rates that are current at the time the extra work is identified. Any meetings not included in the scope of services will be considered extra. Extra work will be identified either in writing or by verbal communication, if requested by the client.

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II.) SUMMARY OF FEES:

RKA will provide the above noted services based on the following fee(s).

Service(s) Lump Sum or Hourly+Expenses

FEE

A.) Roadway Design Lump Sum $24,100 Surveying Lump Sum $6,500 Natural Systems/Hydraulics Lump Sum $47,800

TOTAL $78,400

a.) Fee is valid for 30 days from the date of this agreement. b.) RKA’s hourly rates/expenses are subject to change and RKA reserves the right to make modifications. c.) A schedule of Hourly Rate and Reimbursable Expenses can be provided upon request.

III.) DEPOSIT: Client may be required to pay to RKA up to ten percent (10%) of the fee identified in the proposal before RKA commences any services or work pursuant to this Agreement. RKA will submit invoices to client as provided herein as the services are performed. RKA will hold the client’s deposit and credit the amount of the deposit against RKA’s final invoice(s) for RKA’s services. IV.) GENERAL CONDITIONS: RKA General Conditions (Attachment 1) are incorporated herein by reference (see attached). The undersigned client represents and acknowledges that they have been provided with a copy of the General Conditions and have read and fully understand the General Conditions.

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V.) ACCEPTANCE: The undersigned represents and warrants that (1) he or she is duly authorized and has legal capacity to execute/deliver this Agreement, (2) the execution/delivery of this Agreement and the performance of the Client’s obligations hereunder have been duly authorized, (3) and the Agreement is a valid/legal agreement binding on the Client and enforceable in accordance with its terms. Accepted this _________ day of ___________________________ (month), _________ (year) Client Name:______________________________________ (Print) By: _____________________________________________ Title: ____________________________ (Sign) (Print) We very much appreciate you contacting us and look forward to assisting you with this project. Sincerely, Ramey Kemp & Associates, Inc. Montell W. Irvin, P.E., PTOE President / CEO Attachments: 1- RKA General Conditions

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ATTACHMENT - 1 Ramey Kemp & Associates General Conditions

(As of January 1, 2016) 1.01 Payment Procedures

A. Invoices: Invoices are due and payable upon receipt. If Client fails to make any payment due Engineer for Services, extra work, or expenses within 30 days after receipt of Engineer’s invoice, then (1) the amounts due Engineer will be increased at the rate of 1.5% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day, and (2) in addition Engineer may, after giving three days written notice to Client, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, extra work, expenses, and other related charges. Client waives any and all claims against Engineer for any such suspension.

B. Payment: As compensation for Engineer providing or furnishing Services and extra work, Client shall pay Engineer as set forth herein. If Client disputes an invoice, either as to amount or entitlement, then Client shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion.

2.01 Termination A. The obligation to continue performance under this Agreement may be terminated for cause:

1. By either party upon 14 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Engineer for its Services shall constitute a substantial failure to perform and a basis for termination.

2. By Engineer: a. upon seven days written notice if Client demands that Engineer furnish or perform services contrary to

Engineer’s responsibilities as a licensed professional; or b. upon seven days written notice if the Engineer’s Services are delayed for more than 30 days for reasons

beyond Engineer’s control. B. Engineer shall have no liability to Client on account of a termination for cause by Engineer. C. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under

Paragraph 2.01.A.1 if the party receiving such notice begins, within three days of receipt of such notice, to correct its substantial failure to perform, proceeds diligently to cure such failure, and does cure such failure within no more than 14 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 14-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 30 days after the date of receipt of the notice.

D. The Agreement may be terminated for convenience by Client effective upon Engineer's receipt of written notice from Client.

E. In the event of any termination under Paragraph 2.01.D, Engineer will be entitled to invoice Client and to receive full payment for all Services and extra work performed or furnished in accordance with this Agreement, plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and extra work, Engineer’s consultants’ charges, if any, and any other reasonable costs incurred by Engineer as a result of such termination.

3.01 General Considerations A. Should completion of any portion of the Services by Engineer be delayed, suspended, or impaired, through no fault of

Engineer, then the time for completion of Engineer’s Services, and the rates and amounts of Engineer’s compensation, shall be adjusted equitably.

B. Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents other than those made by Engineer or its consultants.

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C. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains all ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Client shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Client, subject to receipt by Engineer of full payment due and owing for all Services and extra work relating to preparation of the documents and subject to the following limitations: 1. Client acknowledges that such documents are not intended or represented to be suitable for use on the Project

unless completed by Engineer, or for use or reuse by Client or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer;

2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Client’s sole risk;

3. Client shall defend, indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and such limited license to Client shall not create any rights in third parties.

D. To the fullest extent permitted by law, Client and Engineer waive against each other, and the other’s employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project.

E. ENGINEER AND CLIENT AGREE THAT ENGINEER’S (INCLUDING ENGINEER’S OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS, AND EMPLOYEES) TOTAL LIABILITY TO THE CLIENT AND TO ANYONE CLAIMING BY, THROUGH, OR UNDER THE CLIENT FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, COSTS, DAMAGES, AND EXPENSES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PERFORMED HEREUNDER, WHETHER ARISING IN CONTRACT, TORT, EQUITY, STRICT LIABILITY, BY STATUTE, OR OTHERWISE, SHALL BE LIMITED TO $25,000.00 OR ENGINEER’S TOTAL FEE FOR THE SERVICES PERFORMED HEREUNDER, WHICHEVER IS GREATER.

F. Any disputes relating to or arising out of this Agreement or Engineer’s Services shall be subject to mandatory mediation, which shall be a condition precedent to any form of binding dispute resolution. The Parties shall select a mutually agreeable mediator for any such dispute and the Parties agree to split the mediator’s costs evenly. The Parties may mutually agree to waive mediation. Any disputes not resolved by mediation shall be subject to Arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules in effect as of the date of this Agreement.

G. This Agreement shall be governed by the laws of the State of North Carolina. The Parties agree that any dispute or other legal action relating to this Agreement, shall be conducted only in Wake County, North Carolina, unless otherwise agreed to by the Parties or provided by law.

H. A party’s non-enforcement of any provision in the Agreement shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or the remainder of this Agreement.

Client Initials: ___________

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EXHIBIT A

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LETTER OF AGREEMENT

September 21, 2016

Tre Dugal, PE Roadway Design Manager

5808 Faringdon Place, Suite 100

Raleigh, NC 27609 SUBJECT: Letter Agreement and Fee Proposal for Surveying Services

for the Vandora Springs and Spring Drive Sidewalk Projects Located in Garner, North Carolina

Dear Mr. Dugal;

Thank you for inviting us to provide a proposal for Surveying Services to Ramey Kemp Associates, herein referred to as the Client, for the Sidewalk Projects located in Garner, North Carolina. We feel that our previous experience providing surveying services for this type of project and our knowledge of your requirements are a good fit to serve you on this project. Timmons Group is pleased to offer a proposal for the following professional

services:

SCOPE AND SCHEDULE OF SERVICES

Task 1 - Survey Control/Project Office Preparation 1) The surveying efforts will meet or exceed all Minimum Standards of Land

Surveying in North Carolina as adopted by the Board under regulatory authority of Title 21, Chapter 56, Section .1600 of the North Carolina Administrative Code, and per NCDOT Standards.

2) Timmons will verify or establish horizontal and vertical control for the project, prior to commencement of work. All control set for this project will be iron markers set in the ground/pavement to provide horizontal and vertical monumentation for the site. Timmons will provide the control both horizontally (NC Grid NAD83 NSRS 2007) and with vertical datum (NAVD88). Information pertaining to this control will be provided to the Client and the Client's representatives, upon request.

3) Timmons will survey a portion of the existing rights-of-way along Vandora Springs Road and Spring Drive in order to establish the topographic and planimetric information accurately on the property. These boundary surveying efforts do not represent a complete title search or boundary

survey by Timmons. 4) The project areas will be as follows:

a) The Vandora Springs Road sidewalk project that would include all rights-of-Way from Timber Drive to Miriam Avenue, and being the southerly side of the roadway from the centerline to the Rights-of-Way.

b) Spring Drive sidewalk project Vandora Springs Road to the southerly property line of the Garner High School Property, and being the northerly

side of Spring Drive to the dead end, and then the westerly side of Spring drive to the Garner High School Property. from the centerline to the Rights-of-Way.

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5) Timmons will provide deed research for all properties along the survey area,

per Wake County Register of Deeds.

Task 2 – Topographic Survey 1) Timmons will provide a topographic survey for the subject project areas as

follows: a) The Vandora Springs Road sidewalk project that would include all rights-of-

Way from Timber Drive to Miriam Avenue, and being the southerly side of the roadway from the centerline to the Rights-of-Way.

b) Spring Drive sidewalk project Vandora Springs Road to the southerly

property line of the Garner High School Property, and being the northerly side of Spring Drive to the dead end, and then the westerly side of Spring drive to the Garner High School Property. from the centerline to the Rights-of-Way.

2) Timmons will also survey all driveway and roadway intersection and entrances 25 feet past the project limits to ensure accurate tie in information. The Topographic survey will include contours at one (1) foot

intervals and spot shots as necessary. All planimetric information will be field surveyed and graphically shown on the survey.

3) Timmons will survey the culvert crossing at Vandora Springs Drive. 4) Timmons will provide the topographic survey at a scale determined by the

Client in Microstation V8 DGN format.

Task 3 – Utility Location and Surveying 1) Timmons will not locate underground utilities, but will make its best effort to

determine underground utilities from above-ground visible improvements and any existing paint marks on the ground at the time of the survey. Timmons will also utilize existing maps and records to plot the utilities in the survey to be provided to the Client.

2) Timmons will Underground Utility location for all utilities visible through

aboveground evidence and any recently marked and painted on site utilities by others. Timmons will not guarantee to locate all utilities on the site, but will identify all underground utilities based on above ground improvements and painted utilities as provided on the site by others. Timmons or their representatives will not investigate or locate utilities which are not evident from aboveground utility markers or devices, paint markings, previous surveys or other information provided by the Client.

Lump Sum Fee Vandora Springs Road = $6,500*

Lump Sum Fee for Spring Drive = $9,500*

* (All services are presented as a “Lump Sum” fee. Fee is valid for sixty days from date of this proposal). Lump Sum fee does not include Lot Staking tasks.

Timmons shall exercise the same degree of care, skill, and diligence in the delivery of the Scope of Services as is ordinarily possessed and exercised by a member of the same profession, currently practicing, under similar circumstances. No other warranty, express or implied, is included in this Proposal or in any drawing, specification, report, opinion, or other instrument of service, in any form or media, produced in connection with the Services, Any and all implied warranties relating to Timmons's Services under this Proposal are hereby

disclaimed and, therefore, do not apply.

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Special Conditions and Exclusions 1) The Client will provide Timmons the following information: All deeds and

title research, title opinions and all other data which may be of assistance to

compete our task. Any supporting research in hardcopy and electronic format shall be provided prior to the commencement of Survey field effort.

2) Wetland delineation, identification or location is not part of this scope of services.

3) Geotechnical Engineering services is not part of this scope of services. 4) Timmons understands the Client may have a particular deadline for this

project. Timmons will aggressively attempt to meet the Clients’ schedule, and proposes that the field and office effort for this project will take approximately one (3) weeks. It is understood that delays in the schedule may result from weather, property conflicts, municipality or jurisdictional requirements, or other matters outside of the direct control of Timmons. Timmons will advise the Client of any variance in the schedule.

Thank you again for the opportunity to provide a proposal to Ramey Kemp Associates for professional services on this project. We will proceed upon receipt of this signed agreement.

Sincerely,

Thomas E. Teabo Thomas E. Teabo, PLS, CFS Survey Manager Acknowledged & Accepted:

CLIENT

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GENERAL TERMS AND CONDITIONS

1. SCOPE OF SERVICES: The Scope of Services performed under this Agreement shall be as described in TIMMONS GROUP’ proposal or other cover document of which these General Terms and Conditions are made a part. The proposal or other cover document and these General Terms and Conditions are hereinafter referred to as the “Agreement.” Separate Change Orders signed by authorized representatives of TIMMONS GROUP and the Client may, from time to time, describe and incorporate into this Agreement additional or different services to be performed under this Agreement. The General Terms and Conditions shall apply to the Change Orders except to the extent expressly modified by such Change Order. TIMMONS GROUP’ services with regard to the specific properties covered by this Agreement and subsequent Change Orders, if any, shall hereinafter be referred to as the “Project” or “Projects.” 2. STANDARD OF CARE: In providing services under this Agreement, TIMMONS GROUP will endeavor to perform in a manner consistent with the degree of skill and care ordinarily exercised by members of the same profession currently practicing under similar circumstances. It is not the intention of TIMMONS GROUP to provide or offer to provide services inconsistent with or contrary to such practices, nor to make any warranty or guaranty, expressed or implied, nor to have any agreement or contract for services subject to provisions of any Uniform Commercial Code. Moreover, it is not the intention of TIMMONS GROUP to accept any terms and conditions offered by the Client in its purchase order, requisition, or notice of authorization to proceed except as set forth herein or as expressly accepted in writing. Written acknowledgement or receipt of the actual performance of services subsequent to receipt of any such purchase order, requisition or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 3. CODE COMPLIANCE: TIMMONS GROUP shall exercise usual and customary professional care in its efforts to comply with all applicable codes, laws, regulations and the policies of regulatory agencies in effect as of the date of the Agreement. Design changes made necessary by newly enacted codes, laws, regulations and the policies of regulatory agencies after the date of this Agreement shall be treated as an Additional Service and TIMMONS GROUP shall be entitled to appropriate additional compensation. The Client understands that different officials charged with the enforcement of such codes, laws, regulations and policies of regulatory agencies may have different or inconsistent interpretations of the requirements of such codes, laws, regulations and policies of regulatory agencies, and that TIMMONS GROUP shall not be liable for any damages arising from conflicting interpretations by different officials. In the event of a conflict between the codes, laws, regulations or policies of regulatory agencies which apply to the Project, TIMMONS GROUP shall notify the client of the nature and impact of such conflict, and the Client agrees to cooperate and work with TIMMONS GROUP in an effort to resolve the conflict. 4. ELECTRONIC FILES: Because of the possibility that information and data delivered in an electric file format may be altered, whether inadvertently or otherwise, TIMMONS GROUP reserves the right to retain the original tapes, disks and other forms of electronic data, and to remove from copies provided to the Client all identification reflecting the involvement of TIMMONS GROUP in their preparation. TIMMONS GROUP also reserves the right to retain hard copy originals of all Project documentation which is delivered to the Client in electronic file format, which originals shall govern in the event of any inconsistency between the two. It is also understood that the automated conversion of information and data from the system and format used by TIMMONS GROUP to an alternate system or format may not be able to be accomplished without the introduction of inaccuracies, errors and anomalies. In the event any Project documentation provided to the Client in electric file format is so converted by the Client, or someone acting on the Client’s behalf, Client agrees to assume all risks associated therewith and, to the fullest extent permitted by law, to indemnify TIMMONS from and against any claims, liabilities, damages, losses and costs, including but not limited to attorneys fees, arising therefrom or in connection therewith. 5. GOVERNING LAW: This Agreement shall be governed according to the laws of the State of North Carolina. 6. THIRD PARTY RIGHTS: This Agreement shall not create any rights or benefits to parties other than the Client and TIMMONS GROUP. 7. ASSIGNMENT: This Agreement may not be assigned without the express written consent of the Client and TIMMONS GROUP.

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GENERAL TERMS AND CONDITIONS (cont.)

8. PROJECT SITE SAFETY: TIMMONS GROUP’ Project site responsibilities are limited solely to the activities of TIMMONS GROUP and TIMMONS GROUP’ employees on the Project site. These responsibilities shall not be inferred by any party to mean that TIMMONS GROUP has responsibility for Project site safety. The Client and TIMMONS GROUP agree that Project site safety is the sole and exclusive responsibility of the Project Contractor(s). The parties likewise agree that the Project Contractor(s) is solely responsible for Project means, methods, techniques, sequences of operation and procedures, and that TIMMONS GROUP shall have no obligations relating to these Contractor(s) duties. 9. LIMITATION OF LIABILITY: To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of TIMMONS GROUP and TIMMONS GROUP’ officers, directors, partners, employees and subconsultants, and any of them, to the Client and anyone claiming by or through the Client, for any and all claims, losses, or damages, including attorneys fees, in any way related to or arising from the Project or the Agreement, shall not exceed the total compensation received by TIMMONS GROUP under this Agreement, or the total amount of $50,000, whichever is greater. 10. INDEMNIFICATION: TIMMONS GROUP agrees, to the fullest extent permitted by law, to indemnify the Client, its officers, directors and employees, against all damages, liabilities or costs, including reasonable attorneys fees and defense costs, to the extent caused solely by TIMMONS GROUP’ negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom TIMMONS GROUP is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify TIMMONS GROUP, its officers, directors and employees, against all damages, costs and liabilities, including reasonable attorneys fees, caused solely by the Client’s negligent acts in connection with the Project and that of its Contractor(s), subcontractors or consultants or anyone for whom the Client is legally liable. Neither TIMMONS GROUP nor the Client shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence.

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1151 SE Cary Parkway, Suite 101 Cary, North Carolina 27518

(919) 557-0929

September 16, 2016 Mr. Tré Dugal, PE Ramey Kemp and Associates 5808 Faringdon Place Suite 100 Raleigh, NC 27609 Re: Scope for Natural Systems and Hydraulic Design, FEMA Compliance and Erosion Control

Designs for Vandora Springs Road Sidewalk Project, Town of Garner, Wake County, NC Dear Tré: Ecological Engineering, LLP (Ecological Engineering) sincerely appreciates the opportunity to provide engineering and consulting services with regard to the abovementioned project. As per your request, Ecological Engineering will prepare a natural systems investigation, drainage design, erosion control design and permitting for the Vandora Springs Road sidewalk improvements in the Town of Garner, Wake County. The proposed project includes approximately 1600 linear feet of new sidewalk, curb and gutter installation, and pavement improvements along Vandora Springs Road from Miriam Avenue to Timber Drive. Please see the attached detailed scope of work for project specific deliverables and exclusions. Ecological Engineering proposes an initial Lump Sum Engineering Fee of $ 47,800.00 for design services. This fee is divided among the three tasks provided below: Task 1: Natural Resources Investigations $ 3,000.00 Task 2: Drainage Design $ 8,500.00 Task 3: FEMA Compliance $ 27,500.00 Task 4: Erosion Control Design and Permitting $ 6,500.00 Task 5: 404/401 Permitting $ 2,300.00 This fee covers time and expenses associated with preparing the Natural Resources Investigations, Roadway Drainage Design, FEMA Compliance, Erosion Control Design and Permitting, and 404/401 Permits. Ecological Engineering will provide monthly invoices based on a percent complete billing amount. Ecological Engineering understands the importance of maintaining a timely project schedule and we will work with Ramey Kamp and Associates to develop a timeline of deliverables that meets the ultimate goals of the Town’s sidewalk project.

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We sincerely appreciate this opportunity to continue our working relationship. If you have any questions or concerns regarding this scope and fee, or any other item, please do not hesitate to contact me at (919) 557-0929. Your signature below notes your acceptance of this proposal. Respectfully submitted ECOLOGICAL ENGINEERING, LLP

Jenny S. Fleming, PE Principal cc: G. Lane Sauls, Jr. Frank F. Fleming, PE

File

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Vandora Springs Road Sidewalks - Scope of Services TASK 1: Natural Resources Investigations Natural resources, including plant and animal communities will be evaluated during the initial phase of this project. Ecological Engineering will perform a site reconnaissance throughout the entire study area to evaluate and document existing natural resources. These evaluations include, but are not limited to vegetative community analysis and description, aquatic and terrestrial wildlife habitat documentation and protected species identification. As part of the field reconnaissance, our staff with document all natural community types and dominant vegetation. Stream and wetland determinations will be made based on current delineation criteria. This criteria includes using the 1987 Corps of Engineers Wetland Delineation Manual, NCDENR Division of Water Resources (DWR) stream assessment worksheets and other required data and worksheets. Jurisdictional resources will be identified and flagged. Timmons Group will be responsible for surveying each flag and including each wetland boundary and jurisdictional stream in the final survey file as delivered to Ramey Kemp and Associates. Due to the need to obtain a Conditional Letter of Map Revision (CLOMR) for the proposed improvements to Vandora Springs Road, Threatened and Endangered Species must be investigated and a no-effect determination obtained from the US Fish and Wildlife Service (USFWS). According to the USFWS, there are three species listed as federally endangered in Wake County (red-cockaded woodpecker, Dwarf wedgemussel, and Michaux’s sumac) and one species listed under the Bald and Golden Eagle Protection Act. There is one species currently listed as federally threatened in Wake County (northern long-eared bat). Habitat for the red-cockaded woodpecker will be evaluated while documenting natural community types and vegetation. If woodpecker foraging habitat is found within the project corridor, habitat surveys will be conducted only within the proposed corridor. A typical survey would extend to a 0.5 mile radius around potential foraging habitat. If USFWS require this extensive survey, this work will be covered under a supplemental fee agreement. Habitat for the northern long-eared bat will be evaluated while documenting natural community types and vegetation. Ecological Engineering will coordinate with USFWS to determine potential effect on the species. If additional surveys are required a supplemental fee agreement will be required. Endangered plant species have narrow survey windows due to their herbaceous nature and varying bloom times. Michaux’s sumac surveys must occur between May and October. This work will not coincide with the wetland and stream delineation timeline and additional field time has been scoped. Ecological Engineering will not prepare a presence/absence survey for the Dwarf wedgemussel as a culvert extension is not required for the Buck Branch crossing on Vandora Springs Road. A jurisdictional determination request will be made on behalf of the Town of Garner (Town) to the US Army Corps of Engineers (USACE) and DWR. This request will include an agent authorization letter, vicinity map, data forms for both wetland and their adjacent upland areas, worksheets, survey plats and other supporting information. Ecological Engineering will coordinate with representatives from both agencies to verify the extent and locations of jurisdictional resources.

Page 72

Copies of the approved Jurisdictional Determination and T&E concurrence will be provided to the Town. Task 2: Drainage Design Ecological Engineering will conduct a field reconnaissance to supplement existing condition surveys provided and to verify said surveys. Once all field surveys are complete, we will prepare the drainage design plans in accordance with the latest NCDOT “Guidelines for Drainage Design,” and the Town of Garner’s design guidelines. Task 3: FEMA Compliance Buck Branch is located within a FEMA detailed study with an established floodway. Any changes in water surface elevation greater than 0.01 feet, floodway width or location, or floodway water surface elevations will require FEMA approval through the CLOMR / Letter of Map Revision (LOMR) process. A CLOMR and LOMR will be required for this project due to the proposed development within the regulated floodway. Buck Branch is considered a redelineated study, meaning the HEC-2 data was mapped on new contours. Ecological Engineering will make every effort to obtain the latest water surface models available from NC Floodplain Mapping Program (NCFMP). FEMA regulations require a duplicate model to be developed in HEC-2. Once this is complete, this data will be imported into Hec-Ras for development of the duplicate effective, corrected and proposed water surface models. Ecological Engineering will develop a duplicate model by importing the effective Hec-2 data into Hec-Ras and comparing the results with published water surface elevations. The next step in the modeling process is to generate a corrected effective model in which we will “correct” any errors in the original HEC-RAS and add new cross sections required to accurately model the proposed improvements. Once the corrected effective model is working, we will compare water surface elevations in HEC-RAS to the published elevations. Typically, these do not match and discrepancies will be noted in the CLOMR documentation. The corrected effective model is the base study to which proposed conditions will be compared. A proposed model will be developed into which we will incorporate all changes to conveying structures and/or changes to the roadway section associated with Buck Branch. Resulting 100-year water surface elevations and floodway dimensions, location and elevations will be compared to the existing model. Ecological Engineering will prepare all documentation for the CLOMR including, but not limited to, a narrative describing the design process and assumption, mapping of the existing and proposed condition, and MT-2 forms. This process will take a minimum of 180 days from submittal to approval; therefore, Ecological Engineering will begin the CLOMR preparation as soon as possible in the design process. Once construction is complete, a Letter of Map Revision (LOMR) will need to be submitted to NCFMP and FEMA for approval. If any changes were required during the construction process, these will be incorporated into the proposed model prepared during the design phase. These changes and their effect on the water surface elevations and/or floodway will be noted in the LOMR narrative. At this time, the LOMR is not included in Ecological Engineering’s scope of work. At the Town’s request, this can easily be added at a later time. All fees associated with obtaining the CLOMR certification, estimated to be between $6500 and $6750, will be the responsibility of the Town of Garner.

Page 73

Task 4: Erosion Control Design and Permitting Ecological Engineering is keenly aware of the importance of protecting our waters and wetlands from sedimentation. With this understanding we will develop erosion and sedimentation control plans to prevent, as much as practicable, the escape of sediment from the construction site. This process begins with a review of all environmental documents associated with the proposed project and correspondence between the Town and all regulating authorities. This will include a watershed analysis to determine the classifications of receiving waters. Ecological Engineering will prepare a Clearing and Grubbing Plan and a Final Grade Plan. The two phases will be designed in concurrence, in order, to utilize devices during different phases of the construction project. The Clearing and Grubbing Plan is the “meat” of the design and will concentrate on perimeter controls. Jurisdictional areas and ESA’s will be identified and protected. Off-site “clean water” will be identified and diverted away from disturbed areas. Attempts will be made to locate skimmer basins on the perimeter of the project, in order to maintain the device through the entire project or as much as possible. The perimeter of the project will be protected with temporary diversion ditches to dewatering devices and/or silt fence with wattle or rip rap breaks. The Final Grade design will continue to safeguard receiving waters from sediment laden runoff while protecting newly installed drainage structures and newly placed fill until stabilization measures can be established. This may include the use of inlet protection devices, slope drains, and velocity checks. During this phase any matting requirements for ditches and/or slopes will be determined. Also any pipe or box culvert construction phasing will be developed. Coordination with the hydraulic engineer and sometimes the roadway or traffic engineer will need to occur to determine the most economical and constructible method required. The Vandora Springs sidewalk involves one significant stream crossings, extra care will be taken to ensure that clearing adjacent to these environmentally sensitive areas is kept to a minimum and the use of special silt fence will further provide an additional layer of protection. All erosion control measures will be located outside all wetlands and as far from stream banks as practical. As no Outstanding Resource Waters (ORW), High Quality Waters (HQW), or Water Supply I or II (WS-I and WS-II) water occur within one mile downstream of the project, all erosion control measures will be designed for the 10-yr storm event. Ecological Engineering will develop and complete erosion control-related permit applications. Ecological Engineering will coordinate, complete the required paperwork and ascertain permits on behalf of the Town. All fees associated with the Land Disturbance permit will be the responsibility of the Town of Garner. Task 5. Section 404/401 Permitting Ecological Engineering will develop and complete environmentally-related permit applications, including those associated with Sections 404 and 401 of the Clean Water Act, as amended. Ecological Engineering will coordinate, complete the required paperwork and ascertain permits on behalf of the Town. Depending on the amount and degree of overall impact, the timeline associated with this task will take between one and six months. All fees associated with the 404/401 permit will be the responsibility of the Town of Garner.

Page 74

HOURLY AND OUT-OF-SCOPE TASKS During the course of a project, tasks may arise that required effort beyond this scope of work. Such out-of-scope tasks will be billed to Ramey Kemp on a time and material basis when such labor and directs have been approved by Ramey Kemp in advance. Proposed hourly rates will include overhead and profit. Any expenses will be passed through with no markup.

PROPOSED HOURLY RATES Classification Hourly Rate Principal Engineer / Principal Scientist $160 Project Manager/ Senior Engineer $130 Project Scientist $120 Project Engineer $110 Design Engineer $95 Scientist $95 Technician $75

If out-of-scope tasks become substantial, Ecological Engineering and Ramey Kemp may work together to determine an appropriate fee for a particular service. DELIVERABLES The following is a list of project deliverables by task, if additional hard copy plans are required, Ecological Engineering will request supplemental compensation for the additional cost burden.

Task 1: • Field Sketch of Jurisdictional areas for survey crew • Concurrence on T&E species impacts • Preliminary Jurisdictional Determination

Task 2:

• Drainage Design layout in Microstation format • Drainage calculation sheets (pipe data, ditches and storm drain calculations)

Task 3:

• CLOMR Package and approval from FEMA for Buck Branch

Task 4: • Erosion Control Design layout in Microstation format • Erosion Control Special Provisions and Quantities • Approved Erosion Control Permit from Land Quality

Task 5:

• 404/401 Permit Application • Approved 404/401 Permit

Page 75

EXCLUSIONS The following items are excluded from this scope of services. If these additional services are requested, Ecological Engineering will prepare supplemental scopes and fee estimates according to standard protocols.

• Establishment of survey control. • Survey assistance. • Natural Resources Technical Report. • PCE development. • Northern Long-eared Bat surveys. • Culvert Survey Report • Mussel Survey • FEMA Fees • Land Quality permitting fees • Section 404, 401 permit-related fees. • Construction management/ Oversight. • Construction contractor coordination. • Above-ground or subsurface existing or proposed utilities coordination and design. • Design work associated with proposed greenways, sidewalks, bridges, etc. • ASTM Phase I and Phase II Environmental Site Assessments.

Page 76


Agenda Form



Detailed Notes:

Funding Source:



Initials: Comments:

Department Head:

Finance Director:

Town Attorney:

Town Manager:

Town Clerk:

Bond Project Tracking Report

Town Manager's OfficeMichael Gammon, Budget and Special Projects Manager

Michael Gammon and Tony Chalk

A brief overview will be provided regarding the status of the bond program, specifically changes and updates fromthe last report. The Bond Project Tracking Report is included in the agenda package.

No action required; Report only.

Please see report.

MG

RD

October 18, 2016

Old/New Business

Page 77

BondDescription

ActiveProjects

Revised

Budget

Actualto

Date

Available

Budget

%

Spent

ParksandRecreational

Greenw

ays,Land,ParkProjects

3,014,087

$

1,051,360

$

1,962,727

$

34.88%


RecreationCenter

8,897,287

$

783,399

$

8,113,888

$

8.80%

PublicSafetyandServicesFacilities

PoliceFacilityandTownHall

13,233,000

$

7,282,601

$

5,950,399

$

55.03%

Redevelopm

ent

LandAcquisition

2,043,951

$

1,175,254

$

868,697

$

57.50%

StreetandSidew

alk

LandAcquisition,Sidew

alk

Construction,USHighw

ay70

Improvem

ents,M

ontague,Purvis

andNew

RandConstruction,Jessup,

Benson/Garner

14,857,044

$

2,704,402

$

12,152,642

$

18.20%

Total

42,045,369

$

12,997,016

$

29,048,353

$

30.91%

BondIm

provem

entsCom

pleted‐September30,2016

Accomplishm

entsbyBondIssuance

AsofSeptember30,2016


•Gradingactivityhasstarted

attheGarnerRecreation

Centersite.Groundbreaking

isOctober19th.

•Garner'sLakeBensonDog

Parkisnow

openforthe

public.

•SouthGarnerG

reenwayhas

beensubm

ittedforaWake

CountyOpenSpace

Programgrant.

•Constructionbidofnew

GPACparkinglotand

resurfacingofexistingfront

areaparkinghasbeen

awarded.

PublicSafetyandServices

Facilities

•Thenew

Tow

nHall's

perimeterwallsare

currentlyunder

construction.Verticalsteel

constructionshouldalso

commencesoon.

Redevelopm

ent

•TheRecreationCenter

project'sconstruction

improvem

entsto

stormwater,USHwy70,

andMontagueSt.under

construction.

•UndergroundPow

er&

Utilitylinesindowntow

nwillberelocatedaspartof

theRecreationCenter

Construction.

StreetandSidewalk

•TheBenson/MainSt.

sidewalkprojectis

substantiallycom

plete.

•Right‐of‐w

ayacquisitionfor

theThom

psonRoad

sidewalkprojectis

underway.

•BuffaloRoadsidewalk

projectconstructionis

progressing;road‐widening

withcurbandgutter

installationtobeginsoon.

•Cloverdalestreetlighting

projectisintheplanning

phases.

•FinalplansofRandMill

Parkneighborhood

improvem

entsarebeing

evaluated.

Page 78

#ProjectNam

eBudget

Status

CompletionDate

CouncilNextSteps

1.1.bBuffaloeRoadSidew

alk

1,074,000

Delayed

TBD

AttendRibbonCutting

1.1d

Thom

psonRoadSidewalk

220,000

Delayed

TBD

Awardbid

5.1

Greenw

ays

830,000

Delayed

TBD

Discussfundingoptions

6.1

NeighborhoodImprovem

ents

750,000

On‐Track

Varies

Review

/Authorizethenextgroupofranked

project(s)

7.1

LandAcquisition(HistoricD

owntow

nGarnerPlan)

1,400,000

On‐Track

June2019

Continueconsiderationofpropertiesasnecessary

8.1

ParkEnhancements‐General

10,365

On‐Track

TBD

NA

8.1.cParkEnhancements‐MobileStage

108,438

On‐Track

Fall2016

SelectExteriorGraphics

8.1.eParkEnhancements‐DogPark(LakeBensonPark)

125,000

On‐Track

Fall2016

AttendRibbonCutting

9GarnerRecreationCenter

8,897,287

On‐Track

Winter2017

AttendRibbonCutting

9.1.aUndergroundPoweratGarnerR

ecreationCenter

200,000

On‐Track

Winter2017

AttendRibbonCutting

9.1.bDowntow

nStormwaterFacilities

600,000

On‐Track

Winter2017

AttendRibbonCutting

9.1.cMontagueStreetIm

provem

ents

3,779,183

On‐Track

Winter2017

AttendRibbonCutting

10TownHall

7,500,000

On‐Track

June2017

AttendRibbonCutting

11ParkingLotatGPAC

250,000

On‐Track

Winter2017

AttendRibbonCutting

12GPACSidew

alkConnectionsandParkingIm

provem

ents

500,000

On‐Track

Fall2017

AttendRibbonCutting

StatusIndicator

Green

Yellow

Red

BondIm

provem

entsSum

mary

On‐track–noissueslikelytoaffectprojectscope,scheduleorbudget.

Delayed‐knownissuesarelikelytoaffectprojectscope,scheduleand/orbudget.

Critical‐significantunresolvedissueswillim

pactproject,scheduleand/orbudget.

Page 79

#ProjectNam

eProjectBudget

TotalSpent

Over/(Under)

Status

CompletionDate

1.1.a

ClaymoreDrive/Buckingham

Sidew

alk

220,000

149,007

(70,993)

Complete

Fall2014

1.1.c

TimberD

riveSidew

alk

220,000

TBD

TBD

Complete

Spring2016

2U.S.70Improvem

ents‐JessupDrive

375,000

350,300

(24,700)

Complete

Fall2014

3PoliceFacility

4,500,000

TBD

TBD

Complete

Spring2016

4Benson&MainStreetSidew

alks

652,791

TBD

TBD

Complete

Fall2016

8.1.a

ParkEnhancements‐ConcessionsB

uildings

556,522

537,884

(18,638)

Complete

Fall2015

8.1b

ParkEnhancements‐DugoutCovers

108,148

108,148

0Complete

Spring2015

8.1d

ParkEnhancements‐DogPark(GarnerR

ec.Park)

75,000

47,324

(27,676)

Complete

Spring2015

8.1f

SouthGarnerParkFencing(Soccer)

16,703

16,703

0Complete

Spring2015

9.1.d

ROWAcquisitionforM

ontague/Purvis/N.RandImprovem

ents

1,116,000

TBD

TBD

Complete

Spring2016

15BondRelatedPropertyTaxIncrease

‐‐

‐Complete

June2015

AllCom

pletedProjects

6,724,164

1,209,366

(142,007)

CompletedProjectsSum

mary

Page 80

1.1.a

1.ProjectName

Completed

The2010GarnerTransportationPlanprioritizesthevarioussidewalkneedsbasedonaccesstoparks,schools,downtownGarnerandconnectivitytoexistingsidewalks.Thislistwillberevisitedandreprioritizedtodeterminewhichsidewalkswillbefunded.

9.Statusexplanation(foryelloworred)

8.UpcomingWork

ProgressUpdate(UpdatedasofSeptember30,2015)

7.RecentProgress

ProjectcompletedinthefirstweekofOctober.Finalcostoftheprojectis$149,007whichisunderbudget.

5.ProjectOverview

6.Milestones&MajorActivities(timeframe) TheClaymoreDrivesidewalkprojectiscomplete.

BondImprovementsStatusReport

ClaymoreDrive/BuckinghamSidewalk

2.ProjectStatus Complete 3.TargetCompletionDate:

4.ProjectManager TonyChalk,TownEngineer

ProjectPlan

Page 81

1.1.b

1.ProjectName

TBD


BuffaloeRoadSidewalk

2.ProjectStatus Delayed 3.TargetCompletionDate:


ProjectPlan

5.ProjectOverview The2010GarnerTransportationPlanprioritizesthevarioussidewalkneedsbasedonaccesstoparks,schools,downtownGarnerandconnectivitytoexistingsidewalks.Thislistwillberevisitedandreprioritizedtodeterminewhichsidewalkswillbefunded.

6.Milestones&MajorActivities(timeframe) 75%ofstormdrainpipehasbeeninstalled.

9.Statusexplanation(foryelloworred) CityofRaleighforcemainprojectcompletionwasdelayed.

ProgressUpdate(UpdatedasofOctober6,2016)

7.RecentProgress

StormpipeinstalledtocreekwestofOldScarborough.

8.UpcomingWork Continuestormdraininstallation.Contractorwillbestartingonroadwideningandcurbandgutterinstallationtheweekof10/10/16.

Page 82

1.1.c

1.ProjectName

Completed


TimberDriveSidewalk



ProjectPlan


6.Milestones&MajorActivities(timeframe) ProjectwascompletedinApril.

9.Statusexplanation(foryelloworred) Unexpecteddelaysduetothediscoveryofundergroundutilitiesthatwill

requirerelocation.

ProgressUpdate(UpdatedasofJune14,2016)

7.RecentProgress

8.UpcomingWork

Page 83

1.1.d

1.ProjectName

TBD


SurveydatagatheredduringdesignindicatedthattherewasnorightofwayonThompsonRoad.Rightofwayacquisitioniscurrentlyunderway.


7.RecentProgressContacthasbeenmadewithpropertyownersalongThompsonRoad.TheTownattorneyhasextendedofferstopurchaseneededeasementsandrightofway.

8.UpcomingWorkObtainrightofwayandeasements.


6.Milestones&MajorActivities(timeframe) Rightofwayandeasementmapshavebeengenerated.TownAttorney

willbenegotiatingpurchaseofneededeasements.


ThompsonRoadSidewalk



ProjectPlan

Page 84

2

1.ProjectName

Complete



7.RecentProgress

Projectiscompletewithatotalcostof$311,870.

8.UpcomingWork

5.ProjectOverviewThisprojectextendsthethreelanesectionofwestboundUSHighway70totheintersectionofTimberDrive.

6.Milestones&MajorActivities(timeframe) Thisprojectiscomplete.


U.S.70Improvements‐JessupDrive



ProjectPlan

Page 85

3

1.ProjectName

Completed

PolicemovedintobuildinginlateDecember2015.

ProgressUpdate(UpdatedasofMarch31,2016)

Bioretentionareashavebeeninstalledandlandscaped.

Completionofpunchlistitems.


3.TargetCompletionDate:

PoliceFacility

Complete

TonyChalk,TownEngineer

ProjectPlan

Renovation&Constructionofpublicsafetyfacility

7.RecentProgress

8.UpcomingWork


2.ProjectStatus

6.Milestones&MajorActivities(timeframe)

4.ProjectManager

5.ProjectOverview

Page 86

4

1.ProjectName

Completed


Benson&MainStreetSidewalks



ProjectPlan


6.Milestones&MajorActivities(timeframe) Theprojectiscompleteexceptforsomepavementmarkingsand

installationofarailalongthesidewalk.

9.Statusexplanation(foryelloworred) ProjectwasdelayedobtainingrightofentryagreementwithNCRR.


7.RecentProgress

NCDOTpunchlistsenttoTown.Contractorisgoingthroughitemsatthistime.

8.UpcomingWorkWorkissubstantiallycomplete.

Page 87

5.1

1.ProjectName

TBD

8.UpcomingWork StaffsubmittedthisprojecttoWakeCountyforfundingconsideration.WeexpecttoknowtheoutcomeoftheCountyreviewinNovember2016.StaffhastheprojectonholduntilfurtherdirectionfromCouncilisgiven.Adecisionwillbeneededwhetherornottoretainafirmtodesigntheprojectandobtainapplicablepermits.Iftheprojectgoestoconstruction,itisestimatedtotake9to12monthstocomplete.

9.Statusexplanation(foryelloworred) Theprojectwasputonholdpendingfurtherreviewofotheralignmentoptions.

5.ProjectOverview Thereishighdemandforgreenwaysandotherpedestrian‐relatedinfrastructureinGarner.$750,000willbeusedtoconstructgreenwaysthatwouldlinktoparks,schoolsandkeycommunityfeatures.


May2013WKDicksonretainedtoevaluatealignmentsforproposedSouthGarnerGreenwayExtension.July2013S.GarnerGreenwayAlignmentStudycompleted.August2013PublicMeetingtoreviewAlignmentAlternatives.March2014McKim&Creedretainedforadditionalgreenwayalignmentreview.


7.RecentProgress CouncilreviewedadditionaloptionsattheOctober2015WorkSession.Councilidentifiedapreferredgreenwayalignmentatthismeeting.Thepreferredalignmenthadacostestimateofjustover$1.3million(approximately$500,000overallocatedfunding).


Greenways‐Design


4.ProjectManager BradBass,PlanningDirector

ProjectPlan

Page 88

6.1

1.ProjectName

Varies



7.RecentProgress

WoodlandNorthLightingProjectiscomplete.TheVanStoryHillsLightingProjecthasbeencompleted.MalibuValleyLightingProjectiscomplete.EvaluationofCloverdalesubdivisionisunderway.

8.UpcomingWorkInstallationofnewlighting(approximately49)inCloverdaleSubdivisionandinstallationofnewsidewalk(approximately850feet)onPerdueStreet.Projectswillbeevaluatedoncecostestimateshavebeenreceived.QuoteforCloverdaleStreetLightingProjecthasbeenreceivedandreportedtoTownCouncil.Workhasnotbeenscheduled.TalksbetweenNeighborhoodImprovement,ParksandRecreationandRebuildingTogetheroftheTriangleareunderwaytodeterminescopeofworkneededtoupgradefacilitiesatNewRandPark.

4.ProjectManager ReginaldBuie,NeighborhoodImprovementManager

ProjectPlan

5.ProjectOverview TheTownofGarner’sNeighborhoodImprovementProgramInitiativehastackledfiveareasforconcentratedenforcementandsupportusingTownresources.TheBondprogramdedicated$750,000forneighborhoodimprovementprojects.ThisprojectmanagestheapprovalprocessforallocationofNeighborhoodImprovementBondFundsforapprovedprojects.

6.Milestones&MajorActivities RankedexistingNeighborhoodImprovementProjects‐Set1.


NeighborhoodImprovements

2.ProjectStatus On‐Track 3.TargetCompletionDate:

Page 89

7.1

1.ProjectName

June2019



Propertyacquisitionwillbeprioritizedtofacilitatedevelopmentofanchorfacilities,futuredevelopmentsitesandasopportunitiesarepresentedbyowners.

LandAcquisition(HistoricDowntownGarnerPlan)

5.ProjectOverview The2013BondReferendumapproved$2millionforDowntownRedevelopmentinitiativesincluding$1.4millionforpropertyacquisitioninfurtheranceoftheHDGP.Thisreportwilltrackthepropertyacquisitionportionofthisbondprogram.

ProjectPlan


4.ProjectManager


8.UpcomingWork

JohnHodges,AssistantTownManager‐DevelopmentServices


7.RecentProgress Todate,16parcelstotaling6.8acreshavebeenpurchasedfortheIndoorRecreationCentersite,off‐siteparkingandimprovementstoMontagueStreetusingbondfunds.25parcelstotaling9.8acresarenowundertowncontrol.TheMontague/Purvis/MainassemblagedesiredtobegintheIndoorRecreationCenterandroadimprovementsisnowundertowncontrol.GRAisdevelopingcriteriaforprivatedevelopmentinthearea.

1.Continuecommunicationswithallareapropertyownerstotakeadvantageofanyopportunitiesthatarise.2.Continuediscussionswithinteresteddeveloperstoevaluateappropriateopportunities.

Page 90

8.1

1.ProjectName

TBD

N/A

4.ProjectManager SonyaShaw,Parks,Recreation&CulturalResourcesDirector



TownCouncilapprovedtheparkenhancementprojectrankingandestimatedprojectcostsasfollows:ReplacementofRestroomandConcessionAreasatGarnerRecreationalParkandSouthGarnerPark($510,000),DugoutCovers($107,500),TownMobileStage($90,000),TownDogParks($200,000),Various($92,500).Theseprojectsarebeingadvancedassoonaspossibleanddetailedinthefollowingprojectsheets.

ProjectPlan

5.ProjectOverviewOnMarch12,2013,TownofGarnervotersapproved$1millionbondforParkEnhancementProjects.

7.RecentProgressTownstaffcontinuesworkingontheplanningandconstructionofallparkenhancementprojects.

Completed:Dugoutcovers,SouthGarnerParkFencing,NorthGarnerDogPark,MobileStage,Concessions/Restrooms

Pending:LakeBensonDogPark,MobileStagegraphicdesign

8.UpcomingWork

9.Statusexplanation


ParkEnhancements‐General


Page 91

8.1.a

1.ProjectName

Complete

ProjectcompleteinNovember2015.


ProjectPlan

5.ProjectOverview Thisprojectincludesreplacingrestrooms,concessions,andtrash/recyclingreceptaclesatGarnerRecreationalParkandSouthGarnerPark.


ProjectComplete.


ParkEnhancements‐ConcessionsBuildings


ProgressUpdate(UpdatedasofNovember30,2015)

7.RecentProgress N/A

8.UpcomingWork N/A

9.Statusexplanation

Page 92

8.1.b

1.ProjectName

Complete

ProjectcompletedinMay2015.


ParkEnhancements‐DugoutCovers



ProjectPlan

5.ProjectOverview Thisprojectincludesconstructingdugoutcoversatbaseball/softballfieldsatSouthGarnerPark(3fields)andGarnerRecreationalPark(2fields)‐5totalfields


Alldugoutcovershavebeenconstructed.

ProgressUpdate(UpdatedasofMay30,2015)


8.UpcomingWork N/A

9.Statusexplanation

Page 93

8.1.c

1.ProjectName

Summer2016

Projectwillbecompleteonceexteriorgraphicsareselected.

5.ProjectOverviewThisprojectacquiresanewTownMobileStageforuseatvariousTownandGRAevents.


TheMobileStagehasbeenacquiredandusedinseveralTownsponsoredevents.

4.ProjectManager

ProjectPlan

N/A

9.Statusexplanation

8.UpcomingWork StaffwillworkwithgraphicdesignertodeveloptheMobileStage'sexteriorgraphicsforthisproject.ExampleswillbepresentedtothePRCRAdvisoryCommittee(Fall2016)andCouncil(Fall2016)forconsiderationandapproval.

SonyaShaw,Parks,Recreation&CulturalResourcesDirector


ParkEnhancements‐MobileStage



7.RecentProgress

Page 94

8.1.d

1.ProjectName

Complete

ProjectcompletedJune2015


ParkEnhancements‐DogPark(GarnerRecreationalPark)



ProjectPlan

5.ProjectOverview Thisprojectincludesconstructingonedogparknowandconstructingaseconddogparkatalaterdate.


TheDogParkhasbeenopenedtothepublic.ARibbonCuttingCeremonyoccurredonJune9,2015.



8.UpcomingWork GrandOpeningoccurredonJune13,2015.

9.Statusexplanation

Page 95

8.1.e

1.ProjectName

Summer2016


7.RecentProgress StaffandconsultantidentifiedparkingareaatLakeBensonParktoaccommodatenewdogpark.PlanswerereviewedanddiscussedatJanuary19,2016,CouncilMeeting.CouncilapprovedtheadditionofstormwaterBMPtoaccommodateadditionalparkingatLakeBensonPark.FinalplansapprovedatFebruary1,2016CouncilMeeting.

8.UpcomingWork DogParksoftopeningwasinSeptember.ConstructionofstormwaterBMPandparkinglottocommencesoon.

9.Statusexplanation


ProjectPlan

5.ProjectOverview Thisprojectincludesconstructingdogpark#2,locatedatLakeBensonPark,whichwillincludetwofencedareas‐oneforsmalldogsandoneforlargedogs.


Thefirstdraftofdogpark#2hasbeenreviewedwithPRCRandPlanningStaff.StaffpresentedplanstoCouncilforreview.FeedbackwasreceivedfromCouncilandsharedwithconsultant.


ParkEnhancements‐DogPark(LakeBensonPark)


Page 96

8.1f

1.ProjectName

Completed



7.RecentProgress FencingworkcompletedMarch20,2015.

8.UpcomingWork

5.ProjectOverview Fencingwasrequestedtohelpkeepsoccerballsfromgoingintotheparkinglots.Projectbudget$17,000.


Fencingquoteswerereceived.


SouthGarnerParkFencing(Soccer)



ProjectPlan

Page 97

9

1.ProjectName

Winter2017

8.UpcomingWork

GradingoftheRecreationCentershouldstartinOctober.



ProjectPlan


GarnerRecreationCenter


5.ProjectOverview Design&ConstructionofIndoorRecreationCenterFacility

6.Milestones&MajorActivities(timeframe) NoticetoproceedissuedinAugust,2016toProConstruction.

GroundbreakingisscheduledforOctober19,2016.


7.RecentProgress

Contractorhascommencedsiteclearingandinstallationoferosioncontroldevices.

Page 98

9

October2014 ContractapprovalwithClarkPattersonLee

December2014 BeginSchematicDesign

June2015 BeginDesign/DevelopmentDrawings

November2015 BeginConstructionDrawings

January2016 CompleteConstructionDrawings

February2016 ConstructionDrawingssubmittedforreview

April2016 SitePlanApproval

May2016 BidProject

August2016 AwardProject

December2017 CompleteConstruction


AtimelinefortheIndoorRecreationCenterhassomeflexibilityinthatdesignandconstructionisnotdependentonthecompletionofanyotherfacilities.Itisestimatedthatoneyearisneededtodesignthefacility.

ProjectTimeline

PreliminarySchedule*

Page 99

9.1.a

1.ProjectName

Winter2017


7.RecentProgressMetwithDukeEnergyrepresentativeonOctober4,2016tocoordinatedesigntorelocatefacilitiesunderground.

8.UpcomingWork DesignofundergroundsystemshasbeencoordinatedwithATTandDukeEnergy.ConduitfortheutilitiesisincludedintheRecreationCenterprojectconstruction.

9.Statusexplanation


ProjectPlan

5.ProjectOverviewOverheadpowerlinesaroundtheIndoorRecreationCenteraretobeplacedunderground..


AT&Thascompletedtheirdesigntoplacelinesunderground.DukeEnergyiscurrentlyworkingontheirdesign.


UndergroundPoweratRecreationCenter


Page 100

9.1.b

1.ProjectName

Winter2014


7.RecentProgress ProjecttocommenceinAugust.

8.UpcomingWork WorkwillproceedwiththeRecreationCenterconstruction.

9.Statusexplanation


ProjectPlan

5.ProjectOverview AstormwatermanagementareaistobeconstructedattheMontagueSt./Highway70intersection.ThisdevicewillservetheareaoftheIndoorRecreationCenteralongwithfutureprojectsonthatsite.

6.Milestones&MajorActivities(timeframe) Contractorhasclearedareaforthepondconstruction.


DowntownStormwaterFacilities


Page 101

9.1.c

1.ProjectName

Fall2017


7.RecentProgress Requiredeasementshavebeenobtained.ConstructionwillcommencewiththeRecreationCenterconstruction.

8.UpcomingWork

9.Statusexplanation


ProjectPlan

5.ProjectOverviewAccesstoMontagueStreetfromeastbound70trafficandimprovementstoMontagueSt.

6.Milestones&MajorActivities(timeframe) ProjectbidswerereceivedonMay26,2016


Montague&PurvisStreetImprovements


Page 102

9.1.d

1.ProjectName

Completed

ProgressUpdate(UpdatedasofMarch31,2016)

7.RecentProgress Roadwaydrawingshavebeengenerated.Rightofwaymapsarebeinggenerated.

8.UpcomingWork Rightofway/easementacquisitioniscomplete.

9.Statusexplanation

4.ProjectManager JohnHodges,AssistantTownManager‐DevelopmentServices

ProjectPlan

5.ProjectOverviewRightofWaywillbeneededforproposedimprovementstoMontagueStreet,PurvisStreetandRandMillRoad.

6.Milestones&MajorActivities(timeframe) Surveyingauthorizedforadditionalrightofwayacquisition.


ROWAcquisitionforMontague/Purvis/N.RandImprovements


Page 103

10

1.ProjectName

June2017

8.UpcomingWork

Steelplacementshouldtake2‐3weeksandinstallationofmetaldeckingshouldfollowsometimeinNovember.



ProjectPlan


TownHall


5.ProjectOverview Design&ConstructionofnewTownHallbuilding.

6.Milestones&MajorActivities(timeframe) CMUwallsareapproachingcompletion.Steelinstallationscheduledfor

weekof10/10/16


7.RecentProgress

Contractorhasstartedgradingforparkinglots.Anticipatestoneplacementinthenext2‐3weeksweatherpermitting.

Page 104

10

November2014 PrecedenceStudyandfollowupmeeting

December2014 BeginSchematicDesignPhase

May2015 BeginDesign/DevelopmentDrawings

August2015 CompleteDesignDevelopmentdrawings

October2015 Beginconstructiondrawingandspecifications

December2015 Completeconstructiondrawings

January2016 Prequalificationofcontractors/Buildingpermitreview

March2016 Bidproject

April2016 AwardBid

May2016 StartConstruction

June2017 ProjectComplete


ProjectTimeline

Theschedulehasbeenupdatedandwillberevisedaswemovethroughthedifferentstagesoftheproject.Thearchitecthopestoadvancethescheduleifpossible.

PreliminarySchedule*

Page 105

11

1.ProjectName

Winter2017

7.RecentProgress

WorkshouldbegininSpring2017.

8.UpcomingWork


ParkingLotatGPAC



ProjectPlan

5.ProjectOverview OnMarch12,2013,TownofGarnervotersapprovedParksandRecreationBonds,ofwhich$250,000willbeusedtocompleteconstructionoftheexistingoverflowparkinglotatGPAC.

6.Milestones&MajorActivities(timeframe) BidsreceivedonMay26,2016.


9.Statusexplanation

Page 106

12

1.ProjectName

Fall2017

7.RecentProgress SeecommentsfortheGPACparkinglot.

8.UpcomingWork DesignwillproceedwithandwasbidwiththeRecreationCenterproject.


LightingandCoveredSidewalksatGPAC



ProjectPlan

5.ProjectOverview OnMarch12,2013,TownofGarnervotersapprovedParksandRecreationBonds,ofwhich$500,000willbeusedtoconstructlightingandcoveredsidewalksfortheoverflowparkinglotatGPAC.


AdditionalparkingspacesaddedwhenspacemadeavailablewithnodrivewayconnectingtoGarnerRoad.


9.Statusexplanation

Page 107

15

1.ProjectName

Complete


PropertyTaxIncrease


4.ProjectManager Complete

ProjectPlan

5.ProjectOverview OnMarch12,2013,TownofGarnervotersapprovedfourbondreferendumsauthorizingtheTowntoissueupto$35.716millioningeneralobligationbonds.TownCouncilandstaffanticipateataxincreaseupto2¾cents.


WiththeapprovaloftheFY15‐16budget,thetaxratewasincrease1.75cents(foratotalof2.75centswhencombinedwiththetaxrateincreaseof1centimplementedinFY14‐15).

9.Statusexplanation


7.RecentProgressSeenumber6above.

8.UpcomingWork

TheTownimplementedthefirstyearoftheRevenueSavingsPlanwiththeFY14‐15budget.WeknowfromtheFY14‐15budgetthattheRevenueSavingsPlangenerated$46,313.StaffhasrecentlyprovidedCouncilwithanupdateshowingthattheFY14‐15actualrevenuesproducedanadditional$157,963forthecapitalreservefunding.ThemodelsoftheFY2015‐16RevenueSavingsPlanthatwerefactoredintotheapprovedbudgetshowgrowthof7%,whichwillcontinuetosupportthefundingmodel.StaffwillcontinuetomonitorrevenuesassociatedwiththeRevenueSavingsPlanaswellastheupcomingWakeCountypropertyrevaluationthatwillfactorintotheFY16‐17budgetnextyear.

Approvalsrelatedtotaxincreasecomplete.ContinuedmonitoringofRevenueSavingsPlan.

Page 108


Agenda Form



Detailed Notes:

Funding Source:



Initials: Comments:

Department Head:

Finance Director:

Town Attorney:

Town Manager:

Town Clerk:

Parks and Recreational Bond Projects Update

Town Manager's OfficeJohn Hodges, Assistant Town Manager-Development Services

John Hodges, Assistant Town Manager-Development Services

In preparation for the third sale of bonds from the 2013 program, staff has prepared a summary of the Parks and Recreational Bond Projects to use as a discussion guide. Included is an update on current bond projects, changes that have occurred since the original bond projects list and timeline was developed, and new opportunities that have arisen that could be considered when determining project funding.

Direction from Council on project prioritization and consensus on next steps needed to prepare for bond sale 3.

This is the time to assess where we are and for Town Council to provide direction to me and staff on bond timing and funding going forward.

JMH

RD

October 18, 2016

Old/New Business

Page 109

Town Manager’s Office Memorandum

TO: Mayor and Town Council FROM: John Hodges Assistant Town Manager – Development Services DATE: October 6, 2016 SUBJECT: Parks and Recreational Bond Projects Update In preparation for the third sale of bonds from the 2013 program, staff has prepared the following summary on the Parks and Recreational Bond Projects to use as a discussion guide for the October 18 Council Meeting. Included is an update on current bond projects, changes that have occurred since the original bond projects list and timeline was developed, and new opportunities that have arisen that could be considered when determining project funding. Staff will seek direction from Council on project prioritization and consensus on next steps needed to continue this portion of the bond program.

Overview The Parks and Recreational Bond Program totaled $7,150,000 and originally included the following projects: PROJECT ESTIMATE STATUS Greenways $750,000 On Hold Park Enhancements $1,000,000 Substantially Complete GPAC Parking Lot $250,000 Underway GPAC Lighted/Covered Sidewalk $500,000 Underway (scope changed) Land Acquisition – GPAC $750,000 Underway (scope changed) Recreation Center $3,900,000 Underway Parks and Recreational bond proceeds from the first two sales totaled $5,559,000 ($100,000 and $5,459,000). Proposed sale 3 includes $842,000 and sale 4 includes $749,000.

Current Project Updates Greenways $750,000 Funds added from FY 14-15 Operating Budget (Fuel) $80,700 Total Allocated Project Budget $830,700 Preliminary designs for the South Garner Greenway have been developed and reviewed by Council. In November 2015, Council identified their preferred option which had a cost estimate of just over $1.3 million, making the project approximately $500,000 over allocated funding. Staff has submitted this project to Wake County to be considered for undesignated open space funds from their current funding round. County staff will present their recommendations to Commissioners in November, after which we will know the outcome. Additional bond funding will be available from

Page 110

projects that have changed in scope. Council may consider use of these funds to complete the project budget. Staff also had a discussion with CAMPO regarding this project and possible application for LAPP funding in October 2017. Under this scenario, bond and other funds currently allocated to the project would be used for design and an application submitted for construction funding. Staff currently has this project on hold until direction is given by Council. If the project remains as a part of the current bond program, staff recommends moving forward with several key steps in the planning process to help further refine the scope and cost of the project and feasibility of the preferred route. Park Enhancements $1,000,000 Projects designated for these funds are complete or substantially underway. They include the North Garner Dog Park, Lake Benson Dog Park, dugout covers and new concessions buildings at South Garner and Garner Recreational parks, fencing around soccer fields at South Garner Park and a new mobile stage for special events. Staff will complete final projects. GPAC Parking Lot $250,000 This project was merged with the GPAC Lighted/Covered Sidewalk project and a revised scope developed into one project – GPAC Parking Lot Improvements and Sidewalk Connection. The revised project was bid with the Recreation Center project and the cost came in at $402,138. Funding was added to the original budget from the GPAC Lighted/Covered Sidewalk budget in the amount of $82,888, from the Redevelopment Bond in the amount of $50,000 (for the stormwater BMP) and from the GPAC Land Acquisition budget in the amount of $19,250. The project was awarded to Pro Construction as a part of the Recreation Center bid process. GPAC Lighted/Covered Sidewalk $500,000 This project was merged with the GPAC Parking Lot project and a revised scope developed into one project – GPAC Parking Lot Improvements and Sidewalk Connection, detailed above. Funds in the amount of $82,888 have been allocated to the GPAC Parking Lot Improvements and Sidewalk Connection project, leaving an unallocated balance of $417,112. Staff observes that the unallocated funds from this project could be used to fund a significant portion of the deficit for the Greenway project. Land Acquisition - GPAC $750,000 The original scope of this project focused on land contiguous to the GPAC campus. Efforts to acquire this property were unsuccessful. Council approved allocation of $337,200 from this budget to fund the expanded Recreation Center plan. In July, Council approved allocation of $185,000 to fund Council Priorities and Emerging Needs including GRP Parking Lot Resurfacing, GRP Shelter and a portion of the parking added at Lake Benson for the Dog Park. Staff observes that the unallocated funds from this project could be used to fund the remaining portion of the deficit for the Greenway project.

Page 111

Recreation Center $3,900,000 This project has been bid and awarded to Pro Construction. The project came in under budget, so no additional funding sources beyond those already approved by Council are needed at this time. A budget amendment will be presented in November to formalize the project budget and prior allocations made to the project.

Other Parks and Recreational Projects Centennial Parking Council gave staff approval to move ahead with design of parking spaces at Centennial Park near the shelter to be funded using bond proceeds. A design cost estimate will be developed once the private project providing access to the site is complete. Funds for the estimated cost of this project should be reserved when reallocating available bond proceeds. Bryan Road Joint Use The greenway and site amenities added by the Town to the Bryan Road Elementary School project total $176,164 (including design costs). Wake County will reimburse us for half of this cost from their Community Use of Schools fund. Council gave verbal approval for the Town’s portion to be paid from the Park Development Reserve Fund. Meadowbrook The Town purchased the Meadowbrook Country Club property for $2.9 million. Fund balance was used for the purchase with a Reimbursement Resolution to return those funds once debt is issued to finance the purchase. Staff has worked with Davenport & Company to develop an installment financing plan for this purchase and the refinancing of some existing debt. This financing will also include reimbursement of costs associated with evaluating the Meadowbrook property and other costs associated with the project. The process for the installment financing will begin with action by Council at the October 18, 2016 meeting and should close around mid-December. Parking Lot at Main and Pearl Street Staff has previously presented a cost estimate of $175,000 to pave the parking lot at Main and Pearl Streets and add a required stormwater BMP. Council expressed concern regarding the cost and directed staff to defer this project. It is being included in this memo to provide a comprehensive list of projects and initiatives to consider when making funding decisions. Senior Center Restroom Repair/Remodel Parks, Recreation and Cultural Resources staff proposed this item, estimated to cost $40,000, in the 2016-2017 budget, but it was not funded. The project was included on the Capital Priority and Emerging Needs list presented to Council at their planning retreat. No further direction has been given by Council. It is being included in this memo to provide a comprehensive list of projects and initiatives to consider when making funding decisions.

Page 112

Bond Sale Timing The next bond sale was originally proposed for January, 2017 in the amount of $4,047,500. Of this, $842,000 is allocated to Park and Recreational projects. Staff is currently evaluating how much of this amount is needed to reimburse ourselves for projects that are underway or that will be completed before bond sale 4. Once Council gives input on the projects to move forward with, staff can finalize a proposed sale amount and sale date.

Page 113

Page 114

Page 115

Page 116

Page 117

Page 118

Page 119

Memorandum

To: Rodney Dickerson, Town Manager

From: Michael Gammon, Budget and Special Projects Manager

Date: October 7, 2016

Subject: Financial Reports for September 2016

CC: Town Council

Attached is the statement of revenues and expenditures for FY 2017 through September 30, 2016. We are three months, or approximately 25% through the budget year.

The report shows that year-to-date, the Town has collected approximately 19.5% of estimated revenues. Some important analysis of the Town’s revenues included:

Most property tax revenues (with the exclusion of vehicle taxes) are not received until November, December or January during the fiscal year (although more has been collected this fiscal year to date compared to the same period in the prior year).

Sales taxes revenues for the current fiscal year do not start coming in until October. Development fees (permit fees, water and sewer capacity fees, etc.) initially strike us as being

significantly down (-83.7%) compared to where they were at this time the previous year; however, it is important to remember that the Greenfield Apartments paid all of their required permits in July 2015. Controlling for this project, development revenues are 5.73% higher than the previous year.

The Town has yet to borrow the $700,000 for the FY 2017 vehicle and equipment replacements. While not a “revenue” in the truest sense, the $630,000 the Town borrowed during this same time period the previous year is recorded as revenue.

Intergovernmental revenues appear to be significantly down, however the good news is that this is due to our Powell Bill distribution not being recorded during the month of September. Our first distribution (out of two) of $368,404 will be recorded during the month of October. This amount is about $8,227 higher than what was budgeted.

The Town’s total assessed value on our year-to-date property tax billings is 3.58% higher than this time the previous year.

Please review the attached Analysis of Revenues for additional information. Overall, the report shows that the Town has expended approximately 21.9% of its budget. Through the same period the previous year, the Town had expended 26% of its budget. Important expenditure highlights include:

Annual dues and subscriptions and several annually contracted services are usually paid at the beginning of the year.

The Town has made principal and interest debt service payments, accounting for 9.07% of expenditures year to date.

The Town has had seven pay periods year to date.

Page 120

2

Some of the purchase orders encumbered in the prior year are in the process of being completed, and until the audit is complete, these funds do not roll over to the current year.

While some approved equipment and vehicle purchases have been made, the vast majority of these purchases have not been recorded yet. This is the primary reason for the variance in expenditures between this year and the previous.

If you have any questions, please let me know. Thank you.

Page 121

Over(Under) Percentage Actual

Budget Actual Budget of Budget Prior YearREVENUES

Ad valorem taxes 17,231,362$ 2,376,186$ (14,855,176)$ 13.8% 2,410,882$ Other taxes and licenses 5,857,800 75,954 (5,781,846) 1.3% 53,079 Intergovernmental revenues 3,343,598 68,298 (3,275,300) 2.0% 428,934 Permits and fees 2,017,760 292,111 (1,725,649) 14.5% 1,789,198 Sales and services 448,417 141,963 (306,454) 31.7% 117,092 Investment earnings 100,000 - (100,000) 0.0% 5,070 Other revenues 268,800 157,439 (111,361) 58.6% 32,599 Sale of capital assets 30,000 - (30,000) 0.0% 87,729 Proceeds from issuance of debt 700,000 - (700,000) 0.0% 630,000 Transfers in 45,000 - (45,000) 0.0% - Appropriated fund balance 666,552 - (666,552) 0.0% -

Total Revenues 30,709,289$ 3,111,951$ (27,597,338)$ 10.1% 5,554,583$

EXPENDITURESGoverning body 321,763$ 103,270$ (218,493)$ 32.1% 87,802$ Administration 1,294,436 293,638 (1,000,798) 22.7% 301,932 Finance 738,877 117,255 (621,622) 15.9% 191,365 Economic development 278,924 77,114 (201,810) 27.6% 103,802 Economic incentivizes 70,000 - (70,000) 0.0% - Planning 852,339 192,260 (660,079) 22.6% 162,033 Inspections 963,256 226,980 (736,276) 23.6% 211,756 Engineering 596,673 154,819 (441,854) 25.9% 160,564 Information technology 559,869 151,431 (408,438) 27.0% 193,048 Police 7,826,959 1,829,480 (5,997,479) 23.4% 1,971,409 Fire services 2,890,046 699,276 (2,190,770) 24.2% 626,332 Public works 7,248,359 1,412,238 (5,836,121) 19.5% 1,499,723 Parks and recreation 1,879,156 461,455 (1,417,701) 24.6% 485,768 Debt service 3,599,422 609,590 (2,989,832) 16.9% 1,071,987 Special appropriations 1,187,990 393,533 (794,457) 33.1% 356,992 Transfers out 363,631 - (363,631) 0.0% - Contingency 37,589 1,000 (36,589) 0.0% -

Total expenditures 30,709,289$ 6,723,339$ (23,985,950)$ 21.9% 7,424,513$

Revenues over Expenditures -$ (3,611,388)$ (3,611,388)$ (1,869,930)$

Town of GarnerStatement of Revenues and Expenditures

For the Period July 1 to September 30, 2016

FOR INTERNAL USE ONLY

Page 122

Property Tax Collections

(collections compared to budget) 9/30/2016 9/30/2015

Collections‐‐Current Year 2,354,733$ 2,263,403$

Collection % Budget 13.83% 14.19%

Collection % Value/Levy (both DMV & Wake County) 15.03% 15.53%

Property Tax Billings (from Wake County & DMV)

9/30/2016 9/30/2015

Real Property $2,732,009,205 $2,665,066,233

Personal Property 165,635,567 157,037,476

Public Service Property 0 0

Vehicles 47,988,206 21,601,986

Percent ChangeTotal $2,945,632,978 $2,843,705,695 3.58%

Sales tax revenue in September represents sales tax collected from merchants in June 2015 (prior fiscal year).

Building Permit Fees

9/30/2016 9/30/2015 % ChangeFees Collected $96,804 $262,907 ‐63.18%Please note: Greenfield Apartments paid for all required permits in July 2015. Controlling for this project,

building permit revenue is ‐20.22% from the previous year.

PRCR Fees

9/30/2016 9/30/2015 % ChangeRecreation Fees $71,617 $54,390 31.67%

Facility Rentals $58,591 $53,610 9.29%

Town of GarnerAnalysis of Major Revenues

For the Period July 1, 2016 Through September 30, 2016

Through Month Ending




Page 123

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Page 124

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Page 125

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015

thro

ugh

Aug

ust 3

1, 2

016

Insp

ectio

ns96

3,25

6

226,

980

Tot

al In

spec

tions

963,

256

-

963,

256

226,

980

-

226,

980

23.5

6%

Engi

neer

ing

596,

673

15

4,81

9

T

otal

Eng

inee

ring

596,

673

-

596,

673

154,

819

-

154,

819

25.9

5%

Info

rmat

ion

Tech

nolo

gy55

9,86

9

151,

431

Tot

al In

form

atio

n T

echn

olog

y55

9,86

9

-

55

9,86

9

15

1,43

1

-

15

1,43

1

27

.05%

Polic

e7,

826,

959

1,82

9,48

0

Tot

al P

olic

e7,

826,

959

-

7,

826,

959

1,

829,

480

-

1,

829,

480

23

.37%

Publ

ic W

orks

Adm

in46

7,96

8

134,

004

Long

evity

(11,

344)

(8

,085

)

A

uto

Mai

nten

ance

and

Rep

air

(150

)

(894

)

Tra

vel a

nd T

rain

ing

(7,6

20)

(2,8

54)

Due

s and

Sub

scrip

tions

(1,4

23)

(1,2

00)

46

7,96

8

(20,

537)

44

7,43

1

13

4,00

4

(1

3,03

3)

12

0,97

1

27

.04%

Stre

et M

aint

enan

ce1,

897,

854

338,

734

1,89

7,85

4

-

1,89

7,85

4

338,

734

-

338,

734

17.8

5%

Pow

ell B

ill84

6,51

9

117,

440

846,

519

-

846,

519

117,

440

-

117,

440

13.8

7%

Snow

Rem

oval

35,8

50

-

35,8

50

-

35

,850

-

-

-

0.

00%

Publ

ic G

roun

ds98

9,53

7

220,

637

989,

537

-

989,

537

220,

637

-

220,

637

22.3

0%

Solid

Was

te1,

930,

692

1,93

0,69

2

300,

428

300,

428

15.5

6%

Publ

ic F

acili

ty73

7,22

5

217,

741

Ove

rtim

e(3

,068

)

(2

,306

)

Lon

gevi

ty(2

,000

)

(1

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)

Util

ities

(161

,881

)

(81,

356)

737,

225

(1

66,9

49)

57

0,27

6

21

7,74

1

(8

4,66

2)

13

3,07

9

23

.34%

Flee

t Mai

nten

ance

342,

714

83

,254

D

ues a

nd S

ubsc

riptio

ns(1

,050

)

(8

40)

342,

714

(1

,050

)

34

1,66

4

83

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(8

40)

82,4

14

24.1

2%

Tot

al P

ublic

Wor

ks7,

248,

359

(188

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)

7,02

3,97

3

1,41

2,23

8

(98,

535)

1,31

3,70

3

18.7

0%

Page 126

Item

s Ide

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Tow

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t to

Act

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ditu

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July

1, 2

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thro

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Aug

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1, 2

016

Park

s & R

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dmin

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371,

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89

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(2

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Fue

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Aut

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aint

enan

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Rep

air

(250

)

(634

)

37

1,09

8

(2,2

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368,

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89,6

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(4,0

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,601

23

.21%

Arts

and

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nts

421,

837

76

,598

42

1,83

7

-

42

1,83

7

76

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-

76

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18

.16%

You

th &

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letic

s38

5,81

0

152,

269

152,

269

T

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rary

Sal

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s(1

11,2

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(7

5,73

8)

Con

tract

Ser

vice

s(3

4,06

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(11,

443)

385,

810

(1

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24

0,47

3

15

2,26

9

(8

7,18

1)

65

,088

27

.07%

Adu

lt &

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rogr

ams

298,

084

65

,560

29

8,08

4

-

29

8,08

4

65

,560

-

65

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21

.99%

Out

door

Adv

entu

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6,06

8

61,9

72

T

empo

rary

Sal

arie

s(3

8,18

8)

(15,

540)

236,

068

(3

8,18

8)

197,

880

61,9

72

(15,

540)

46,4

32

23.4

6%

Prog

ram

Par

tner

s16

6,25

9

15,3

99

166,

259

-

166,

259

15,3

99

-

15,3

99

9.26

%

Tot

al P

arks

and

Rec

reat

ion

1,87

9,15

6

(1

85,7

53)

1,

693,

403

46

1,45

4

(1

06,7

76)

354,

678

20.9

4%

Page 127

Item

s Ide

ntifi

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t Afte

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ms I

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ified

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nditu

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tIn

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get

Iden

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d Ite

ms

Expe

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to D

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Afte

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Tow

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t to

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ditu

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July

1, 2

015

thro

ugh

Aug

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1, 2

016

Ret

irem

ent

652,

293

14

8,56

0

65

2,29

3

-

65

2,29

3

14

8,56

0

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14

8,56

0

22

.78%

Tow

n In

sura

nce

467,

475

24

1,59

0

Wor

kers

Com

pens

atio

n(1

98,8

75)

(2

34,5

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467,

475

(1

98,8

75)

26

8,60

0

24

1,59

0

(2

34,5

84)

7,00

6

2.61

%

Subs

idiz

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rogr

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47,0

04

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47,0

04

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47

,004

-

-

-

0.

00%

Off

ice

Adm

inis

tratio

n21

,218

3,

382

21,2

18

-

21

,218

3,

382

-

3,38

2

15.9

4%

Spec

ial A

ppro

pria

tions

1,18

7,99

0

(1

98,8

75)

98

9,11

5

39

3,53

2

(2

34,5

84)

158,

948

16.0

7%

Tra

nsfe

rs36

3,63

1

-

36

3,63

1

-

-

-

0.

00%

Eco

nom

ic In

cent

ives

70,0

00

-

70

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-

-

-

0.

00%

Fire

Ser

vice

s2,

890,

046

-

2,

890,

046

69

9,27

6

-

69

9,27

6

24

.20%

Deb

t Ser

vice

3,59

9,42

2

-

3,59

9,42

2

609,

590

-

609,

590

16.9

4%

Con

tinge

ncy

37,5

89

-

37

,589

1,

000

-

1,00

0

0.00

%

Tot

al A

ll D

epar

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ts30

,709

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(6

59,8

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30

,013

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6,72

3,33

9

(506

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)

6,

216,

763

20

.71%

Page 128