NCS000408_30_Graham City Council Meeting Minutes - 9-4-07 - with Engineering Agreement_20211011

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square
foot. We will
try to keep the price up
as high as possible and the way to achieve
this is
to have a more
luxurious home inside,
with additional features.
Council Member Talley stated that with the Hanford Villas project Mr. Euliss had the
opportunity to meet with neighbors that had concerns and address these concerns and
change his project as a result and get a better product. Council Member Talley asked Mr.
Burke if he knew about the petition before now, he stated he did not. Council Member
Talley suggested Mr. Burke table this item to give him time to talk with the neighbors and
maybe come up with some compromises that will improve the project.
After further discussion Mayor Peterman moved to adjourn this public hearing until the
October 2, 2007 Council Meeting and to be first on the agenda, motion seconded by
Council Member Talley. Aye; Mayor Peterman, Council Member Talley, Council Member
Cheek, and Mayor Pro Tem Linens. No; Council Member Albright, motion carries.
Mayor Peterman asked that Item 11-C on the Consent Agenda be removed for discussion.
Council Member Cheek moved to approve the Consent Agenda as follows:
A. Final Plat —Phase Two Riverwalk.
B. First United Methodist Church request that Market Street be closed between
Main Street and Marshall Street on Saturday, October 20, 2007 for the
annual fall festival.
D. Approval of minutes for: Regular Meeting —August 7, 2007.
Motion seconded by Council Member Albright, all voted aye.
C. Tax releases.
Mayor Peterman and Council Member Talley commended Cary Allred for
his efforts in raising the homestead exemption. Mayor Peterman moved to
approve the tax releases, seconded by Council Member Cheek, all voted
Lye,
Franz K. Holt, Alley, Williams, Carmen & King , addressed Council to amend the contract
for City Engineering Administration Services. Mr. Holt asked the Council to consider
changing the provision to allow Alley, Williams, Carmen & King to do some private work
in the City of Graham. This would be on a case by case, or time to time basis. We have
done private work in the City for forty years. There is a change in the amendment that
would allow us to do this at the discretion of the City.
Mayor Peterman asked Staff if we would have to acquire another firm to oversee this firm.
City Manager stated that is correct. Item #11 in the Agreement addresses the "Conflict of
Interest'. Originally a contract was approved for city engineering administrative services
with Alley, Williams, Carmen & King in June 2003. Under that contract AWCK was not
allowed to do private engineering work in Graham unless it was a client that they had

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1' previously worked for and by getting the city's approval they could continue to do work for
° them. The way Item #11 is written now, AWCK could do private work in Graham and if
they did, the City would hire another engineering firm to review their work on a specific
project.
l City Manager stated the only other change is Exhibit "A" where it designates Mark Reich
as the City Engineer. Mark has always done an outstanding job on his projects and also
representing the City. We have no problem with this change. Staff recommends this
change.
Council Member Talley asked if the rate per our has changed. Mr. Holt stated it has since
2003. City Manager compared some of the prices and Mr. Holt said it would be around 2
to 5 percent per year. City Manager stated Mr. Ward reviewed the agreement and changed
some of the wording, there were no big changes made.
Council Member Talley feels that you cannot serve two masters and would prefer to have
all their loyalty to us. There is a reason they have this conflict of interest provision in the
Agreement, I just don't want developers to think that if they use AWCK, that they are the
City's engineer and they will probably get their project passed. With my position on the
Council I feel you need to keep things separate, I'm against our city engineer taking jobs in
Graham. I feel AWCK's reputation has always been above board. Someone might
perceive it to be a gray area or a conflict when there really isn't. I just feel that the City
Engineer needs to be the City Engineer and because he is willing to get the contract and get
all the work from the City I feel he needs to recuse himself from doing work in that area.
Council Member Albright moved to approve the amended contract with AWCK for City
Engineering Administration Services, seconded by Mayor Pro Tem Linens, Aye; Mayor
Peterman, Mayor Pro Tern Linens, and Council Member Albright. No; Council Member
Cheek, and Council Member Talley, motion carries.
City Manager reviewed the following Capital Project Ordinance:
CAPITAL PROJECT ORDINANCE
WASTEWATER TREATMENT DE -CHLORINATION PROCESS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAHAM,
NORTH CAROLINA, that pursuant to Section 13.2, Chapter 159 of the General Statutes
of North Carolina, the following Capital Project Ordinance is hereby adopted:
Section 1. The Project authorized is Wastewater Treatment De -Chlorination Process
Section 2. The officials of the City of Graham are hereby directed to proceed with this
program within the terms of the project.

STATE OF NORTH CAROLINA
COUNTY OF ALAMANCE
CONTRACT FOR CITY ENGINEERING
ADMINISTRATION SERVICES FOR
THE CITY OF GRAHAM
THIS AGREEMENT, made and entered into this day of
2007, by and between the City of Graham, a North Carolina Municipal Corporation
(hereinafter called the "City") and Alley, Williams, Carmen & King, Inc., a North
Carolina Corporation located in Burlington, North Carolina (hereinafter called "the
Engineer").
WITNESSETH:
WHEREAS, the City is actively implementing water, wastewater, street,
stormwater and environmental engineering activities for the benefit of the community;
and
WHEREAS, the Engineer has expertise in providing City Engineering
Administrative Services; and
WHEREAS, the City and the Engineer desire to establish a definitive scope for
providing Engineering Administrative services for the City of Graham:
NOW THEREFORE, the City and the Engineer agree as follows:
1. SCOPE OF SERVICES: The Engineer agrees to provide and perform for
and on behalf of the City all of those services stipulated in the Scope of Services attached
to this contract as Exhibit "A", of which are hereby incorporated as a part of this contract
as if fully set forth herein. The City agrees to perform in a timely manner all the
necessary and usual obligations of a City that are required to support implementation of
the Town Engineering activities and to support the Engineer in the carrying out of the
Scope of Services. The term of this agreement is for the period , 2007
through June 30, 2008, unless earlier terminated as herein provided. This agreement can
be extended on an annual basis by mutual consent of the parties.
2. COMPENSATION FOR SERVICES: In the provision of the
aforementioned services, which are described in Exhibit "A", the Engineer shall receive
compensation on an Hourly Charge Rate basis (included in Exhibit `B") for the actual
time expended on City services.- This fee shall be paid to the Engineer in accordance with
Section 3 below Any different or additional Scope of Services approved and
authorized by the City in advance shall be compensated when authorized in accordance
with the terms agreed to by both parties in a formally executed Contract Addendum.
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3. METHOD OF PAYMENT: By the first (1 st) day of each month, the
Engineer shall prepare and submit to the City an invoice statement for services rendered
during the previous calendar month. The invoice shall include a description of actual
services performed, hours of service rendered, the rate for each service, the monthly total
for service and the cumulative total to date in comparison with the annual not -to -exceed
fee. The City shall compensate the Engineer for services satisfactorily performed within
fourteen (14) days of the date of said invoice statement. Fees for services outside the
scope of this agreement shall be billed and paid in accordance with the Schedule of Fees
included in Exhibit `B" which is attached hereto.
4. TERMINATION OF CONTRACT FOR CAUSE: If the Engineer shall
fail to fulfill in a timely, professional and proper manner all obligations under this
contract, or should the Engineer violate any of the covenants, agreements, or stipulations
of this contract, the City shall have the right to terminate this contract immediately by
giving written notice to the Engineer of such termination and specifying the effective date
thereof at least twenty-one (21) days before the effective date of such termination. In a
like manner, if the City shall fail to fulfill in a timely, professional and proper manner all
obligations under this contract, or should the City violate any of the covenants,
agreements, or stipulations of this contract, the Engineer shall have the right to terminate
this contract immediately by giving written notice to the City of such termination and
specifying the effective date thereof at least twenty-one (21) days before the effective
date of such termination. In such event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, models, photographs and reports prepared by the
Engineer under this contract shall, at the option of the City, become the property of the
City and the Engineer shall be entitled to receive just and equitable compensation for any
work satisfactorily completed pursuant to this contract. However, the City shall not be
obligated to pay any remaining charges for work satisfactorily completed where there
exists a right in favor of the City for refund, reimbursement or offset in connection with
any obligations arising from the Engineer to the City.
5. INSURANCE: Throughout the term of this agreement the Engineer shall
provide and maintain the following insurance coverages:
(a) Workman's Compensation Insurance and other insurance required by law.
(b) Comprehensive General Liability and Property Damage Insurance in an
amount of no less than $1,000,000 combined single limits, naming the City as
an additional insured.
(c) Errors and Omissions coverage in an amount of no less than $1,000,000.
6. LEGAL REMEDIES: The Engineer shall not be relieved of any liability
to the City for damages sustained by the City by virtue of any breach of this contract by
the Engineer.
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7. CHANGES: The City may, from time to time, request changes in the
Scope of Services of the Engineer to be performed hereunder. Such changes, including
any increase or decrease in the amount of the Engineer's compensation which may be
mutually agreed upon between the City and the Engineer, shall be incorporated in written
amendments to this contract after appropriate authorization as called for in Section 2
of this contract.
8. EQUAL EMPLOYMENT OPPORTUNITY: The Engineer shall not
discriminate against any employee or applicant for employment on account of race, color,
religion, sex or national origin or because of handicapping condition or Vietnam Era
Veteran status. The Engineer shall take affirmative action to ensure equal employment
opportunity with respect to all of its employment practices.
9. ENTIRE AGREEMENT: This is the entire agreement between the
parties and there are no terms, conditions, representations or warranties relating to the
work to be performed hereunder which are not specifically set forth herein.
10. REPORTS AND INFORMATION: The Engineer, at such times and in
such manner as the City may require, shall furnish the City such periodic reports as it
may request pertaining to the work or services undertaken pursuant to this contract, the
cost and obligations incurred or to be incurred in connection therewith, and any other
matters covered by this contract.
11. CONFLICTS OF INTEREST: The Engineer covenants and agrees that
during the term of this agreement, the Engineer shall not provide professional
engineering or land development design to any private client on any parcel of property
located within the territorial and extraterritorial jurisdiction of the City, except that this
provision may be waived on a case by case basis by the City when requested by the
Engineer. The Engineer shall submit all such requests for waivers in writing to the City,
the City Manager/or his designee shall grant all such waivers except in those instances
where the City Manager deems it to be in the best interest of the City to submit any such
request for a waiver to the City Council for consideration of approval. In those instances
where the City grants a waiver of conflict, the City shall retain the services of another
engineer to review the work of the Engineer to eliminate any potential conflict of interest
resulting from such exemption. Furthermore, during the term of this agreement, the
Engineer shall be responsible for immediately revealing to the City any potential conflicts
of interest that might arise.
12. LIMITATIONS OF LIBILITY: The Engineer may be reviewing the
plans and work of other engineers, architects, surveyors, and contractors during the
normal course of providing administrative services. As a result of such reviews,
inspections, and administrative activities, the Engineer is not liable for any errors,
omissions, construction deficiencies or construction repairs for work done by such other
engineers, architects, surveyors, and contractors.
K,

IN WITNESS WHEREOF, the parties have executed this agreement as of the
day and year first above written.
CITY OF GRAHAM
BY:
ATTEST:
(SEAL)
ALLEY, WILLIAMS, CARMEN, & KING, INC.
BY:
ATTEST:
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EXHIBIT "A"
SCOPE OF SERVICES
Engineering Administration Services
A. GENERAL SERVICES
The Engineer will perform professional, technical and administrative work as the City
Engineer. Generally, the Engineer will aid in administering land development
construction activities within the City. Close coordination with the City staff and elected
officials is required. The Engineer will serve under the general supervision of the City
Clerk. Any disputes and conflict resolution between the Engineer and the City (personnel
or department policy) will be mediated by the City Mayor. More specifically, the
Engineer will:
1. Provide a person to officially serve as the City Engineer. At a minimum, this
person must hold a Bachelors Degree in Civil Engineering, must be registered
as a Professional Engineer (P.E.) in the State of North Carolina and must have
at least ten years civil engineering experience. The City shall approve such
appointment and any future reappointments. Mark Reich, P.E. is initially
designated as the City Engineer and Mark Averette, P.E. will serve in his
absence.
2. Provide adequate professional and non-professional staff to carry out the
duties described herein under the direction of the City Engineer. A flexible
selection of support staff of engineers, technicians, inspectors and
administrators with a wide range of duties, responsibilities and initiatives are
to be provided to carry out these activities.
3. Assist in the Development, implementation and management of Engineering
Administration Services annual operating budget.
4. Assist with the City's multi -year Street Improvement (repaving) program.
5. Advise the City of known compliance issues relating to compliance to
applicable local, state and federal environmental laws and regulations.
6. Provide engineering review of all development plans submitted to the City
and provide written comments in regard to engineering issues.
7. Coordinate local, state and federal permitting for land development projects
(site plans and subdivisions) to be obtained by others.
8. Inspect land development projects for compliance with submitted plans (when
requested by the City). Inspection services frequency will be based on the
projects under construction. Provide final signoffs to the building inspector
on site development projects.
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9. Participate in the development of short and long range plans for infrastructure
and facilities improvements including, but not limited to, Capital
Improvement Plan, Water Supply Plan, Stormwater Plan, Water Distribution
Plan, and Sewer Collection Plan. (Note: under this contract, services will be
provided in the form of support staff; overall management of these studies and
plans will be the responsibility of the City)
10. Monitor and analyze various technical reports for regulatory compliance as
deemed necessary and within the realm of expertise of the firm.
11. Attend regularly scheduled staff level Plan Review Committee meetings
(when requested).
12. Perform computer -aided drafting, mapping, plotting, printing and archiving as
needed to carry out the duties described herein.
13. Attend the monthly meetings of the City Council and provide a monthly
activity report( when requested).
14. Attend and make presentations to various boards and citizen groups as
necessary and provide visual aids when requested.
15. Attend City Staff meetings when requested.
16. Provide technical assistance to other City departments when requested.
17. Prepare plans, specifications, and estimates for smaller scale projects not
requiring public bidding for construction (when requested).
18. Maintain effective working relationships with City officials, consultants,
contractors, land developers and the residents and business owners.
19. Receive and act upon citizen complaints that are of an engineering nature
regarding ongoing projects and establish a complaint record of such when
requested.
B. EXCLUDED SERVICES
Items not included in this scope of services include published document printing (e.g.,
manuals, plans, newsletters), sign construction and installation, City stationary, property
posting signs, newspaper notices, postage on behalf of the City, and legal services
necessary for the implementation of the services provided. Furthermore, services
involving management and supervision of day-to-day public works operations are not
included.
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C. SUPPLEMENTAL SERVICES
In the event that special projects or supplemental services are undertaken which are
mutually determined to fall outside the scope of services of this contract, the hourly rates
on the rate schedule included in this scope of services will become the basis upon which
any special project would be compensated.
Furthermore, engineering design, construction plan preparation and contract
administration related to specific City water, wastewater, stormwater, street, sidewalk, or
similar projects are not included in the above fee, but may be added by Addendum as
provided for in Paragraph 2.
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