WQCS00046_Notification of Intent (NOI) – GW Remediation_20230111

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7 rota CITY OF BELMONT
$ PO BOX 431
u Seel BELMONT NC 28012-0431 '
3 Stre ATTN:ADRIAN MILLER
dwr/jh 1/11/23
City,

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CITY OF BELMONT
PO BOX 431 4,'d `�`
GI.I.MONT NC 28012-0431 ids
ATTN:ADRIAN MILLER 0O
dwr/jh 1/11/23
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Postal Service NCDEO/WQROS < m
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ROY COOPER ;;
Governor +� I J i ;�
ELIZABETH S.B[SER g
Secretaryretory
um
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
Certified Mail # 7022 0410 0000 7789 4315
Return Receipt Requested
January 11, 2023
Adrian T Miller
City of Belmont
PO Box 431
Belmont, NC 28012-0431
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2023-DV-0018
Sanitary Sewer Overflows - December 2022
Collection System Permit No. WQCS00046
Belmont Collection System
Gaston County
Dear Mr. Miller:
A review has been conducted of the self-reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Belmont. The Division's Mooresville Regional Office concludes that the City of Belmont violated Permit
Condition I (2) of Permit No. WQCS00046 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Mooresville Regional Office is providing the City of Belmont an opportunity to provide evidence and
justification as to why the City of Belmont should not be assessed a civil penalty for the violation(s) that are
summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202201841 12/22/2022 150 2099 The Oaks Pkwy, Severe Natural 5,250 5,250 Notice of Violation
Belmont, NC, 28012 Condition Intent to Enforce
DE Q forth Carolina Department of Environmental Quality Division of Water Resources
Moorcsvilk Regional Olftce'.b10 East Center Avenue.Suite 301 Moorcsvilk.North Carolina 28115
^�'�'•`�+�°►� 704.bb3.1b99

This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered in determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
If you have any questions, please do not hesitate to contact Joanna Harbison with the Water Quality Section in
the Mooresville Regional Office at 704-663-1699 or via email at ioanna.harbison©ncdenr.gov or
[e-mail].
Sincerely,
—DocuSigned by:
A4. w H P4444
ss—F 161 FB69A2D84A3...
Andrew H. Pitner, P.G., Assistant Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
bcarrollCa�cityofbelmont.orq
AMiller©acitvofbelmont.org
D_E Q North lrw Quality I Division e
r s MooresvCarolille Reryonal ODepartmentffre of bloEnvironmental East Center of.Avenue,Suite 301!MWateroorewR Ilesources North Carolina 280
^+�'a4i•�'+�"'\ /' 704.663.Ib.74

RECEIVEDINCDEQIDWR
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MOORESVILLE REGIONAL OFFICE
MANY THREADS,ONE COMMUNITY
January 23, 2023 Certified Mail Receipt: 70201290000149494853
North Carolina Division of Water Resources
610 East Center Avenue, Suite 301
Mooresville,North Carolina 28115
Attn: Andrew Pitner—Assistant Regional Supervisor
Water Quality Regional Operations Section
Ref: Notice of Violation
Tracking No. NOV-2022-DV-0018
City of Belmont- WQCS00046
Dear Mr. Pitner,
The City of Belmont is in receipt of the above NOV and as required by your letter,our response to the violations
are as follows:
Incident # 202201841- This overflow incident at 2099 The Oaks Parkway was the result of heavy rains the
morning of December 22. Total rainfall amounted to more than 2 inches in just three hours with just 48 hours of
notice from local weather reporting outlets.
On behalf of the City of Belmont,city crews responded to high level alerts at the City of Belmont Lift Station at
the address above and immediately began pumping down the wet well levels with two pump/vacuum trucks.
Unfortunately,the levels rose quicker than could be mitigated. Crews utilized a Sewer/Vacuum truck to clean up
the overflow and return levels to normal. Lime was applied to the affected area. A press release was drafted and
released to local print and media outlets to alert the public to the overflow incident.
The City of Belmont worked diligently to pump down the wet well and limit overflow volume to the best of its
ability. There was no expected impact on wildlife or public health stemming from this overflow. The City of
Belmont has received a AIA grant to invest in system mapping and assessment. The sewer mains surrounding
this lift station are undergoing this assessment to identify root causes of inflow and infiltration. The City of
Belmont has also conducted smoke testing and CCTV videoing of nearby mains. Attached is a copy of our grant
scope and work order data on the work mentioned. The City of Belmont is striving to improve this system to
prevent overflows in the future.
Sincerely,
William Carroll
Public Works Director
PO BOX 431 I 1401 E CATAWBA ST, BELMONT, NC 28012 I WWW.CITYOFBELMONT.ORG

®®® W i t h e rs R a ve n e t RECEIVED/NCDEQ/DWR
Our People.Your Success.
JAN L b LU,;?
WQROS
November 10,2022 MOORESVILLE REGIONAL OFFICE
Bill Carroll, Public Works Director
City of Belmont
1401 E.Catawba Street
Belmont, NC 28012
RE: Proposal for Professional Services
Belmont Water AIA Project
Belmont,North Carolina
WR Project No.09211009.01
Dear Mr. Carroll,
WithersRavenel is pleased to provide this Proposal for Professional Services.We look forward to working
with you on this project. If you have any questions or concerns about this proposal, please do not hesitate
to call me at the number listed below.
Sincerely,
WithersRavenel
Brandon Inscore
Project Area Lead, Funding and Asset Management
[e-mail]
Ph. 336.337.2668 I Direct. 919.535.5134
Attachment:
Proposal for Professional Services
115 Mackenan Drive I Cary, NC 27511
t:919.469.3340 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington

;� WithersRavenel
Our People.Your Success.
City of Belmont
Belmont, North Carolina
Proposal for Professional Services
A. Project Description
This fee proposal is intended to provide the scope of services and associated fees to provide
consulting services per request of City of Belmont and formalize an agreement for the implementation
and logistics for these services.
Listed below is a summary of several key aspects of the project based on discussions and preliminary
research. Refer to the Scope of Services and Additional Services/Exclusions for further detailed
information.
For the purposes of this proposal and any subsequent agreements the following references shall apply:
1. City of Belmont shall be known as the"Client"or"City";
2. WithersRavenel shall be known as the"Consultant";
3. The property and overall project shall be known as the"Project";
4. The executed proposal shall be known as the"Agreement";
5. The Capital Improvement Plan shall be known at"CIP";
6. The Asset Management Plan shall be known as"AMP";
7. Asset Inventory and Assessment shall be known as"AIA".
The Client is a recipient of an Asset Inventory and Assessment (AIA) grant for the September 2021
Funding Cycle.AIA grants are authorized by NC Session Law 2015-241 in the changes made to NCGS
159G. The purpose of the grants is to encourage water and wastewater utilities to become more
viable and more proactive in the management and financing of their systems.
A local match is required based on how Local Government Unit indicators of percent population
change, poverty rate, median household income (MHO, percent unemployment, and property
valuation per capita compare with the State benchmarks. For this grant,the City's match is 20%.
The Consultant will provide professional services for updating missing water system attribute data in
GIS and complete an asset management plan.
The Consultant will work with City staff to scan a limited number of as-builts and other record
drawings,digitize this information,and work with staff to fill in missing attribute information in GIS.
For the field services portion of the Project,the Consultant will conduct limited GPS data collection
as necessary to fill in significant information gaps. On a limited basis the Consultant may assist with
the location of critical infrastructure to identify buried valves or other water system features within
the budget of this project utilizing Subsurface Utility Engineering(SUE).
The Consultant will prepare a report summarizing the components of the AIA Water Study along with
a description of the deliverable and/or outcomes.
The list of projects identified through the AMP process will be integrated within the City's existing
plans for rehabilitation and capital improvements related to the Water System.
Belmont Water AIA Project WR Project No. 09211009.01.
November 10,2022 . Page 11

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B. Timeline for Services
Consultant will begin work upon receipt of executed Agreement and written notice to proceed from
the Client.Estimated timeframe(s)for the basis of the services described in the Scope of Services are
shown below.
Milestone Time Frame
Complete contracting,form project team,and begin work by meeting 1 Month
with relevant parties to begin records review and system assessment
GIS Data Review 2-3 Months
Field Data Collection 4- 8 Months
Capital Improvement Plan Development and Draft Asset 9- 11 Months
Management Rate Study Plan Delivered to Client
Deliver Final AMP and present at Council Meeting 12- 14 Months
1. From the milestone time frames and factoring in variability in the approval process, Consultant
estimates the total project timeframe for the Scope of Services to be 14-16 months.
2. The estimated timeframe(s) may be impacted by,among other things:
a. Timeliness and additional permit and/or plan reviews of review agencies;
b. Timeliness and accuracy of information provided by the Client and Client consultants.
c. Weather
3. If available,opportunities to adjust these estimated timeframes can be discussed.Implementation
of agreed-upon adjustments may result in adjustments to Consultant fees.
C. Scope of Services
Consultant shall provide the services identified under each task below as its "Basic Services" under
the Agreement.
Task 1 - Project Management
A. Project related:
1. Evaluate available documentation of the distribution system including previously
collected GIS data,assessment data, and previous studies to become familiar with the
system.
2. Prepare maps and worksheets to facilitate the necessary fieldwork and data gathering
related to the Project.
3. Schedule a meeting with Client to coordinate efforts, identify key Project team
members.
4. Provide overall Project Management services to monitor the job progress, arrange
resources for the Project,and communicate to the Client the status of the Project.
B. Grant related:
1. Attend the Project kick-off meeting to review grant requirements.
Belmont Water AIA Project WR Project No. 09211009.01.
November 10, 2022 Page 12

WithersRavenel,0
Our People.Your Success.
2. Attend monthly progress meetings as needed.
3. Review appropriate State guidelines applicable to this Project.
4. Complete preliminary paperwork needed to submit reimbursements for the Project.
5. Assist the Client in completing reimbursement requests as well as meeting the match
requirement.
6. Assist the Client Finance Officer in keeping necessary files and match documentation.
7. Act as a liaison as required between the Client and North Carolina Department of
Environmental Quality(NCDEQ)'s Division of Water Infrastructure.
8. Assist the Client in close out procedures and paperwork.
Task 2 - Data Acquisition,Assessment, and Database Design
A. Data Acquisition and Assessment: Assess currently available GPS data, equipment
specifications,and collection workflows to assure accuracy of data that has been or continues
to be collected. Review data,layer definitions,and attribute requirements.
B. Database Design: Design and implement a file geodatabase using industry standards in
database design. The database will house all the water GIS data. The intention is to use the
industry standard ESRI Water Utilities Database to fit current needs and to allow for future
growth.
C. Migrate the existing GIS data into the newly designed GIS database.
Task 3 - System Mapping to include GPS Location and GIS Data Attribute
Population
A. The City currently houses drawings and as-built plans that need to be archived.The Consultant
will scan,index,and georeference up to 800 views.The cost estimate is based on a total of 800
views at$22.00 per view.
B. Limited Survey Grade GPS Inventory of Water Utility Features for 10 days of a two-person
field crew.The Consultant will work with the Client to determine areas of the City with missing
information where it may be appropriate to fill in information gaps.
C. Attribute Population: Attributes will be collected by field crews and this information will be
used to populate the GIS database and review as-built records.
D. Water System Connectivity, Network Topology: Utilize the GPS located utility features, field
observations, record drawings,and staff input to connect the water line utility.
E. Limited Subsurface Utility Engineering(SUE)investigation to identify the location of unknown
or buried water infrastructure at determined locations within the budget parameters of Task 3
as budget allows.
1. Consultant will use both Electromagnetic (EM) and Ground Penetrating Radar (GPR)
equipment to designate utilities for up to 3 days in the field.All utilities designated will be
marked using the APWA guidelines with marking paint and/or pin flags.At the conclusion
of the field work,a detailed field sketch will be provided to the survey crews to collect the
designated utilities and import them into AutoCAD. Data will also be integrated into GIS.
F. Desktop map book exercises with City Staff to populate missing or incorrectly attributed
information including pipe size,material,and age.This will be limited to two(2)sets of revisions.
The budget has been created with an assumption of scanning, indexing,georeferencing 800 as-built
record views,no more than 10 days of an onsite two-person field crew for GPS,no more than 3 days
of Level B SUE Investigation and office time for GIS Staff to work with staff to complete desktop map
Belmont Water AIA Project WR Project No. 09211009.01.
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book exercises to help inform Task 4. If less of one of these activities is required, this may allow for
more work in other areas of this task or vice versa.The Consultant will actively communicate with the
Client on these subtasks and budget.
Task 4 - Develop an Asset Management Plan (AMP)
A. Capital Improvement Plan Development:
1. The Consultant will provide an initial list of capital projects to include in a 10-year Capital
Improvements Plan(CIP). Included projects will be based upon the following criteria:
a. State of System Analysis - Based on the information gathered through SUE
Investigation and any GPS/GIS collection, an analysis of predictive
deterioration and failure will be performed to the extent possible based on
estimated pipe age and material.
b. Client Insight - Consultant will meet with Client to discuss any known or
anticipated future growth or events which would affect the planning of the
water distribution system within the 10-year plan period.
B. Asset Management Plan Document and Deliverables:
1. Consultant will create an Asset Management Plan Document summarizing the inventory of
the water distribution system. The intent of the document will be to provide a better
understanding of the existing condition of the system and include recommendations as to
future projects and management practices. Assessments and recommendations of the
system will be based on available data from Client and field results from previous tasks.
Consultant will prepare a presentation to accompany the Document and will be prepared
to present it to the elected officials and City staff upon project completion.
2. Asset Management Plan will include four(4)primary components:
a. Inventory of Assets including maps.
b. Assessment of the condition of the infrastructure in the inventory based on
best available information.
c. A Capital Improvement Plan(CIP)with projected cost estimates.
d. An Operation and Maintenance Plan to ensure proper management of the
assets.
3. Consultant will coordinate with the Client for access to the Client's computer system for
the purpose of installing the collected GIS database to the system. GIS data will be delivered
in a file geodatabase format. The Consultant will also assist with publishing data to the
client's ArcGIS Online Account (if applicable) for web access. The Consultant will provide
copies of all photographs and scanned records to the Client in a mutually acceptable format.
C, Lifecycle Modeling:
1. The Consultant will build a lifecycle model for the water distribution system using data
gathered from this project. Using lifecycle criteria,water utility subject matter experts will
apply an industry specific degradation curve to model the deterioration of assets over time.
This modeling will incorporate information about existing maintenance and rehabilitation
practices,decision criteria,CIP projects,and budget caps.Additional modeling scenarios will
be created to reflect the impact of recommended maintenance and rehabilitation activities,
and critical needs on the overall lifecycle model.
a. Model Development
(1) Consultant will utilize Client data and input to refine the asset lifecycle model
for the scope asset(s).The Consultant will build and optimize the infrastructure
model with multiple budget scenarios and treatment options.
(2) Deliverable will include a minimum of three(3) budget scenarios:
Belmont Water AIA Project WR Project No.09211009.01.
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i. A calibration simulation that illustrates an unlimited budget and where
recommended treatments would be applied
ii. A budget simulation that applies to Client's current budget
iii. A recommended budget simulation that will improve the overall health of
Client's assets
b. Reporting Workshop
(1) Presentation by Subject Matter Expert to review lifecycle model results.
(2) Consultant will review the results of the different budget simulations that were
run.
(3) Documentation that details the results of the different budget scenarios.
c. Managed Lifecycle Modeling Service (1 Year)
(1) Following the delivery of the lifecycle model, the Consultant will provide
managed services for ongoing support to Client staff to keep the lifecycle
model(s) up to date as infrastructure is added or repaired. These updates are
provided on a quarterly basis,with data refreshes and new budget simulations
for one (1) year. In addition, Consultant will be available to answer questions
regarding the existing model and budget simulations. Additional lifecycle
modeling services can be renewed on an annual basis.
(2) Written or online documentation that details the results of the updated budget
scenarios.
D. Exclusions/Additional Services
Services that are not included in the Scope of Services or are specifically excluded from this Proposal
(see below)shall be considered Additional Services if those services can be performed by Consultant
and its agents if requested in writing by the Client and accepted by Consultant. Additional services
shall be paid by the Client in accordance with the Fee & Expense Schedule outlined in Exhibit II.The
exclusions are described below but are not limited to the following:
® Hydraulic Modeling
I> Surveying services beyond those identified above
D Project investigations or cost estimates that would require engineering or design services are
beyond the scope of this proposal and are to be procured separately
General o Construction staking
o All plan submittal,review,or permitting fees; o Building staking;
o Any work previously provided in other o As-built(record drawing)surveys;
proposals; o Easements, Easement/ROW Plats;
o Any other services not specifically listed within Environmental Services
the Scope of Services. o Historic Resources Survey;
Geomatics Services o Endangered Species'Habitat survey;
o Annexation Plats o Wetland Delineations;
o Boundary/Topographic Surveys; o Wetland/Buffer Determinations;
o Tree survey/cover report by Registered o Phase I&II ESA's;
Forester; Offsite/Specialty
o Subsurface Utility Engineering(SUE);
o Surveys for off-site improvements; o Development agreements;
o Platting services; o Homeowner association documents;
o Plot Plans; o Utility allocation agreements;
o ALTA Surveys; o Preparation of electronic file suitable for GPS
o GIS mapping services; machine control;
Belmont Water AIA Project WR Project No. 09211009.01.
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o Expert witnesses; Landscape Architecture Services
Planning/Studies o Landscape layout and design;
o Entitlement services; o Irrigation design;
o
o Variance and Quasi-Judicial processes; Hardscapedesign;
o Off-site Sewer Analysis. o Enhancedlandscape design beyond minimum
o Traffic Impact Analysis; requirements;
o Entrance/signage feature design;
o Signalization Studies;
o Water feature and/or pool design;
o Hydrant flow determination and hydraulic
o Renderings;
analyses;
o Parkimprovements;
o Existing sewer hydraulic analyses;
o City or regulatory approvals; o Public art design or commissioning
o Special&Conditional Use Permits; Services by Others
Services During Construction o Geotechnical services;
o Engineer's Opinion of Costs; o Architectural and MEP services;
o Structural Services;
o Bidding/negotiation services;
o Arborist/Registered Forester Services;
o Pay application reviews;
o Change order reviews; Documents/Drawings
o Shop Drawing review; o Schematic Drawings as typically defined in the
o RFI's during bidding; architectural industry;
o Construction administration; o Conceptual Drawings;
o Construction management; o Sketch Plans;
o Dry utility coordination/design; o Site Plans;
o NPDES monitoring/reporting; o Construction Drawings;
o Loan draw certifications; o Technical specifications;
o Bonds and Bond Estimates; o Contract documents;
o Record drawings/as-builts; o Record(As-Built)Plans;
o Engineer Certifications; o Lot Matrix;
o O&M/SWMP Manuals;
Design Services
Stormwater Services
o Detailed Builder focused lot fit matrix;
o Stormwater Management Plan; o Detailed lot grading;
o Stormwater Pollution Prevention Plan(SPPP) o Off-site improvements;
update or revision; o Offsite utility or road improvements;
o Secondary containment designs; o Pump Station design and permitting;
o SCM design; o Forcemain design and permitting;
o Culvert design; o Reclaim waterline design;
o Dam inspection,engineering,or analysis; o LEED certification coordination;
o Dam breach analysis; o Pavement design;
o Flood studies,floodplain permitting or o Structural/foundation design;
coordination with FEMA(such as for a LOMR- o Greenway bridge design&permitting;
F,CLOMR/LOMR,etc.); o Boardwalk design&permitting;
o Soil investigations(such as Seasonal high- o Signal design;
water table determinations; o Dumpster enclosure details;
o Soil Media Mix Testing and Gradation o Grease trap design;
Certification; o On-site water/sewer design;
o Downstream impact analysis; o Equipment Selections/Design;
o Nutrient calculations; o Design associated with Amenity Site;
o Peak flow analysis; o Site Lighting is limited to fixture selection;
o SCM conversion; electrical engineering not included;
o Permitting Services
o Building permits and associated work; Project Management
o Erosion Control permits; o Additional Meetings/Site Visits;
o Water/Sewer permits; o Adjacent property owner discussions;
o 401/404 permitting; o Neighborhood meetings;
o Floodplain Development permit; o Attendance at formal regulatory meetings
o NCDOT permitting; unless noted above;
o Sign permitting;
Belmont Water AIA Project WR Project No. 09211009.01.
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The above list is not all inclusive, and the Scope of Services defines the services to be provided by
Consultant for this project.
E. Client Responsibilities
The following are responsibilities of the Client and Consultant will rely upon the accuracy and
completeness of this information:
1. Provide representative for communications and decisions;
2. Coordination and designation of a primary contact for architect, contractor, and other
consultants engaged by the Client;
3. Preferred media platforms for communications with the Client;
4. Provide in writing,any information as to Client's requirements for design;
5. Provide any information needed to complete the Project not specifically addressed in the Scope
of Services;
6. Provide all available information pertinent to the Project, including any GIS information, reports,
maps,drawings,and any other data relative to the Project;
7. Examine all proposals, reports, sketches, estimates and other documents presented by the
Consultant and render in writing decisions pertaining thereto within a reasonable period so as
not to delay the services of the Consultant;
8. Give prompt written notice to Consultant whenever Client observes or otherwise becomes
aware of any defect in the Project or the services of Consultant;
9. Attend City meetings as required/needed;
10. Provide access to property for Consultant and subconsultants;
11. Discussions/negotiations with adjacent landowners;
12. Acquire all off-site utility and/or construction easements required for this Project;
13. Manage and coordinate the work of any subconsultants/subcontractors that are not directly
subcontracted through the Consultant;
14. All submittal, review,or permitting fees associated with the Project;
15. Any legal representation requiring an attorney at law:
16. Any engineering assistance related to cost engineering or updated capital cost assumptions.
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F. Compensation for Services
Consultant proposes to provide the Basic Services outlined in the Scope of Services on a lump sum or
hourly basis with budgets as shown below plus reimbursable expenses in accordance with Exhibit II.
The amounts set forth below have been determined based on the nature, scope and complexity of
the Project as represented in the information provided to Consultant by Client prior to submittal of
this proposal;subsequent changes thereto may result in additional fees.
Task Task Name Total Fee
No.
1 I Project Management $22,500
2 Data Acquisition,Assessment,Database Design,and Data $10,000
Migration
3 System Mapping to include GPS Location and GIS Data $57,500
Attribute Population
4 Develop an Asset Management Plan $60,000
Total $150,000
1. Invoices will be issued monthly, based on the percentage of completion for each lump sum task
and the hourly rate for Consultant personnel in accordance with Exhibit II for hourly tasks, as
accomplished during the billing period. Payment is due upon receipt of invoice.
2. The above fees are based on the estimated timelines noted in the Timeline for Services. Any
adjustments to those timelines may result in additional fees.
3. Consultant may alter the distribution of compensation between individual Tasks noted herein to
be consistent with services rendered but shall not exceed the total Lump Sum amount unless
approved in writing by the Client.
4. The attached Exhibit II, Fee&Expense Schedule,is based on Consultant's rates as of the date of
this proposal and may be subject to change for hourly tasks and any Additional Services that
occur after any adjustments to such rates go into effect.
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G. Acceptance
This proposal is valid 60 days from the date it is transmitted to Client. Receipt of an executed copy of
this proposal will serve as the written Agreement between WithersRavenel and City of Belmont.All
Exhibits identified after the signature blocks below, including the Standard Terms and Conditions
(Exhibit I) and the Fee & Expense Schedule(Exhibit II), are incorporated herein and are integral parts
of the Agreement.
OFFERED BY: ACCEPTED BY:
WITHERSRAVENEL CITY OF BELMONT
Digitally signed by Brandon
e
Date:
Date:te:2022.11.10 10:24:55
-05'00'
Signature Signature
• /r
Brandon Inscore kif/l 1 a Cr y p/ f
Name Name
Project Area Lead Funding&Asset Management Pubi:t Works D:rec tor
Title Title
// 3o -�
Date
PREAUDITSTATEMENT:This instrument has been preaudited in the manner required by the Local
Government Budget and Fiscal Control Act(NC G.S. 159-28(a)).
•
Signature of Finance Officer:
Printed Name:
Date: ///g
Attachments:
Exhibit I- Standard Terms and Conditions
Exhibit II- Fee&Expense Schedule
Belmont Water AIA Project WR Project No. 09211009.01.
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killigils WithersRavenet
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EXHIBIT I
Standard Terms and Conditions
WithersRavenel, Inc.
The proposal submitted by WithersRavenel,INC.("CONSULTANT")is subject to the following terms and conditions,which form an integral part
of the Agreement. By accepting the proposal,the services,or any part thereof,the CLIENT agrees and accepts the terms and conditions outlined below:
1. Payment: CONSULTANT shall make available to CLIENT copies of all plans and
specifications.
a) The CLIENT will pay CONSULTANT for services and expenses
in accordance with periodic invoices to CLIENT and a final 7. Change Orders: CONSULTANT will treat as a proposed change
invoice upon completion of the services.Each invoice is due order any written or oral order (including directions, instructions,
and payable in full upon presentation to CLIENT.Invoices are interpretations,or determinations)from CLIENT which requests changes
past due after 30 days. Past due amounts are subject to in the Agreement or CONSULTANT's Scope of Services. If
interest at a rate of one and one-half percent per month(18% CONSULTANT accepts the proposed change order,CONSULTANT will
per annum)on the outstanding balance from the date of the give CLIENT written notice within ten (10)days of acceptance of any
invoice. resulting increase in CONSULTANT's fees.
b) If the CLIENT fails to make payment to the CONSULTANT 8. Opinion of Cost/Cost Estimates:Since the CONSULTANT has no
within 45 days after the transmittal of an invoice, the control over the cost of labor,materials,equipment or services furnished
CONSULTANT may,after giving 7 days written notice to the by others, or over methods of determining prices,or over competitive
CLIENT, suspend services under this Agreement until all bidding or market conditions,any and all opinions as to costs rendered
amounts due hereunder are paid in full.If an invoice remains hereunder, including but not limited to opinions as to the costs of
unpaid after 90 days from invoice date, the CONSULTANT construction and materials, shall be made on the basis of
may terminate the Agreement. If Consultant initiates legal CONSULTANT'S experience and qualifications and represent its
proceedings to collect the fees owed,Consultant shall also be reasonable judgment as an experienced and qualified professional
entitled to recover the reasonable expenses of collection familiar with the construction industry; but the CONSULTANT cannot
including attorney's fees. and does not guarantee the proposals,bids or actual costs will not vary
significantly from opinions of probable costs prepared by it.If at any time
2. Notification of Breach or Default:The CLIENT shall provide prompt the CLIENT wishes assurances as to the amount of any costs,CLIENT
written notice to the CONSULTANT if CLIENT becomes aware of any shall employ an independent cost estimator to make such determination.
breach,error,omission,or inconsistency arising out of CONSULTANT's
services or any other alleged breach of contract or negligence by the 9. Assignment and Third Parties:Nothing under this Agreement shall
CONSULTANT. The failure of CLIENT to provide such written notice be construed to give any rights or benefits in this Agreement to anyone
within ten(10)days from the time CLIENT became aware of the fault, other than the CLIENT and CONSULTANT, and all duties and
defect,error,omission,inconsistency or breach,shall constitute a waiver responsibilities undertaken pursuant to this Agreement will be for the
by CLIENT of any and all claims against the CONSULTANT arising out of sole and exclusive benefit of the CLIENT and the CONSULTANT and not
such fault,defect,error,omission,inconsistency or breach. Emails shall for the benefit of any other party. Neither the CLIENT nor the
be considered adequate written notice for purposes of this Agreement. CONSULTANT shall assign, sublet, or transfer any rights under or
3. Standard of Care: CONSULTANT shall perform its services in a interests in this Agreement without the written consent of the other,
which shall not be unreasonably withheld.However,nothing contained
professional manner, using that degree of care and skill ordinarily herein shall prevent or restrict the CONSULTANT from employing
exercised by and consistent with the standards of professionals independent subconsultants as the CONSULTANT may deem
providing the same services in the same or a similar locality as the appropriate to assist in the performance of services hereunder.
Project. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR 10. Project Site:Should CLIENT not be owner of the Project site,then
FITNESS FOR A PARTICULAR PURPOSE THAT WILL OR CAN ARISE CLIENT agrees to notify the site owner of the possibility of unavoidable
OUT OF THE SERVICES PROVIDED BY CONSULTANT OR THIS alteration and damage to the site.CLIENT further agrees to indemnify,
AGREEMENT. defend, and hold harmless CONSULTANT against any claims by the
CLIENT,the owner of the site,or persons having possession of the site
4. Waiver of Consequential Damages/Limitation of Liability:CLIENT which are related to such alteration or damage.
agrees that CONSULTANT's aggregate liability for any and all claims that
may be asserted by CLIENT is limited to$50,000 or to the fee paid to 11. Access to Site: CLIENT is responsible for providing legal and
CONSULTANT under this Agreement, whichever is greater. Both unencumbered access to site,including securing all necessary site access
CLIENT and CONSULTANT hereby waive any right to pursue claims for agreements or easements, to the extent necessary for the
consequential damages against one another,including any claims for lost CONSULTANT to carry out its services.
profits.
12. Survival:All of CLIENT's obligations and liabilities,including but not
5. Representations of CLIENT:CLIENT warrants and covenants that limited to,its indemnification obligations and limitations of liability,and
sufficient funds are available or will be available upon receipt of CONSULTANT's rights and remedies with respect thereto,shall survive
CONSULTANT's invoice to make payment in full for the services completion,expiration or termination of this Agreement.
rendered by CONSULTANT.
13. Termination: Either party may terminate the Agreement with or
6. Ownership of Instruments of Service: All reports, plans, without cause upon ten (10)days advance written notice,if the other
specifications, field data and notes and other documents, including all party has not cured or taken reasonable steps to cure the breach giving
documents on electronic media, prepared by the CONSULTANT as rise to termination within the ten (10) day notice period. If CLIENT
instrument of service,shall remain the property of the CONSULTANT. terminates without cause or if CONSULTANT terminates for cause,
The CONSULTANT shall retain all common law, statutory and other CLIENT will pay CONSULTANT for all costs incurred, non-cancelable
rights,including the copyright thereto.In the event of termination of this commitments,and fees earned to the date of termination and through
Agreement and upon full payment of fees owed to CONSULTANT, demobilization, including any cancellation charges of vendors and
subcontractors,as well as demobilization costs.
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14. Severability: If any provision of this Agreement, or application CONSULTANT's presence shall in no way create any liability on behalf
thereof to any person or circumstance,is found to be invalid then such of CONSULTANT for failure of other contractors,their employees or
provision shall be modified if possible,to fulfill the intent of the parties agents to properly or correctly perform their work
as reflected in the original provision.The remainder of this Agreement,
or the application of such provision to persons or circumstances other 22. Hazardous Substances: CLIENT agrees to advise CONSULTANT
than those as to which it is held invalid,shall not be affected thereby,and upon execution of this Agreement of any hazardous substances or any
each provision of this Agreement shall be valid and enforced to the condition existing in,on or near the Project Site presenting a potential
fullest extent permitted by applicable law. danger to human health,the environment or equipment. By virtue of
entering into the Agreement or of providing services, CONSULTANT
15. No Waiver.No waiver by either party of any default by the other does not assume control of,or responsibility for,the Project site or the
party in the performance of any provision of this Agreement shall person in charge of the Project site or undertake responsibility for
operate as or be construed as a waiver of any future default,whether reporting to any federal,state or local public agencies,any conditions at
like or different in character. the Project site that may present a potential danger to the public,health,
safety or environment except where required of CONSULTANT by
16. Merger, Amendment: This Agreement constitutes the entire
Agreement between the CONSULTANT and the CLIENT and all applicable law. In the event CONSULTANT encounters hazardous or
negotiations, toxic substances or contamination significantly beyond that originally
written and oral understandings between the parties are
integrated and merged herein.This Agreement can be supplemented represented by CLIENT,CONSULTANT may suspend or terminate the
Agreement. CLIENT acknowledges that CONSULTANT has no
and/or amended only by a written document executed by both the
CONSULTANT and the CLIENT. responsibility as a generator,treater,storey,or disposer of hazardous or
toxic substances found or identified at a site.Except to the extent that
17. Unforeseen Occurrences: If, during the performance of services CONSULTANT has negligently caused such pollution or contamination,
hereunder,any unforeseen hazardous substance, material, element of CLIENT agrees to defend,indemnify,and hold harmless CONSULTANT,
constituent or other unforeseen conditions or occurrences are from any claim or liability,arising out of CONSULTANT's performance of
encountered which affects or may affect the services,the risk involved services under the Agreement and made or brought against
in providing the service, or the recommended scope of services, CONSULTANT for any actual or threatened environmental pollution or
CONSULTANT will promptly notify CLIENT thereof.Subsequent to that contamination if the fault(as defined in N.C.G.S.22B-1(f)(7))of CLIENT
notification, CONSULTANT may:(a) if practicable,in CONSULTANT's or its derivative parties(as defined in N.C.G.S.22B-1(f)(3))is a proximate
sole judgment and with approval of CLIENT,complete the original Scope cause of such claim or liability.
of Services in accordance with the procedures originally intended in the 23. Choice of Law:The validity,interpretation,and performance of this
Proposal;(b)Agree with CLIENT to modify the Scope of Services and the Agreement shall be governed by and construed in accordance with the
estimate of charges to include study of the previously unforeseen law of the State of North Carolina,excluding only its conflicts of laws
conditions or occurrences,such revision to be in writing and signed by principles.
the parties and incorporated herein; or (c) Terminate the services
effective on the date of notification pursuant to the terms of the 24. Construction Services: If construction administration and review
Agreement. services are requested by the CLIENT, CLIENT agrees that such
Should completion of anyadministration, review, or interpretation of construction work or
18. Force Majeure: p portion of the Agreement documents by CONSULTANT shall not relieve any contractor from
be delayed for causes beyond the control of or without the fault or liability in regard to its duty to comply with the applicable plans,
negligence of CONSULTANT, including force majeure,the reasonable specifications,and standards for the Project,and shall not give rise to a
time for performance shall be extended for a period at least equal to the claim against CONSULTANT for contractor's failure to perform in
delay and the parties shall mutually agree on the terms and conditions accordance with the applicable plans,specifications or standards.
upon which Agreement may be continued.Force majeure includes but is
not restricted to acts of God,acts or failures of governmental authorities, 25. Field Representative: If CONSULTANT provides field services or
acts of CLIENTS contractors or agents, fire, floods, epidemics, construction observation services,the presence of the CONSULTANT's
pandemics, riots, quarantine restrictions, strikes, civil insurrections, field personnel will only be for the purpose of providing observation and
freight embargoes,and unusually severe weather. field testing of specific aspects of the Project.Should a contractor be
19. Safety: CONSULTANT is not responsible for site safety or involved in the Project, the CONSULTANT's responsibility does not
compliance9. Safety:
with the Occupational Safetyrspand Healthr Act of 1970 or include the supervision or direction of the actual work of any contractor,
its employees, or agents. All contractors should be so advised.
("OSHA"). Job site safety remains the sole exclusive responsibility of Contractors should also be informed that neither the presence of the
CLIENT or CLIENT'S contractors, except with respect to CONSULTANT's field representative nor the observation and testing by
CONSULTANT'S own employees.Likewise,CONSULTANT shall have no the CONSULTANT shall excuse contractor in any way for defects in
right to direct or stop the work of CLIENT's contractors, agents, or contractor's work. It is agreed that the CONSULTANT will not be
employees. responsible for job or site safety on the Project and that the
20. Dispute Resolution/Arbitration:Any claim or other dispute arising CONSULTANT does not have the right to stop the work of any
out of or related to this Agreement shall first be subject to non-binding contractor.
mediation in accordance with the then-current Construction Industry 26. Submittals: CONSULTANT's review of shop drawings and other
Mediation Procedures of the American Arbitration Association("AAA"). submittals is to determine conformity with the design concept only.
If mediation is unsuccessful,such claim or other dispute shall be subject Review of shop drawings and submittals does not include means,
to arbitration in accordance with the AAA's then-current Construction methods,techniques,or procedures of construction,including but not
Industry Arbitration Rules.Any demand for arbitration shall be filed in limited to,safety requirements.
writing with the other party and with the American Arbitration
Association.CLIENT agrees to the inclusion in such arbitration(whether
by initial filing,by joinder or by consolidation)of any other parties and of
any other claims arising out of or relating to the Project or to the
transaction or occurrence giving rise to the claim or other dispute
between CLIENT and CONSULTANT.
21. Independent Contractor: In carrying out its obligations,
CONSULTANT shall always be acting as an independent contractor and
not an employee, agent, partner or joint venturer of CLIENT.
CONSULTANT's work does not include any supervision or direction of
the work of other contractors, their employees or agents, and
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EXHIBIT II
Fee & Expense Schedule
Description Rate Description Rate Description Rate
- Project Management, Geomatics Environmental
Director $ 215 Geomatics CAD I $ 85 Environmental Tech I $ 90
Client Experience Manager $ 209 Geomatics CAD II $ 105 Environmental Tech II $ 100
Assistant Project Manager $ 161 Geomatics CAD III $ 120 Senior Environmental Tech $ 120
Project Manager $ 177 Geomatics Project Manager I $ 150 Environmental Geologist I $ 110
Senior Project Manager $ 193 Geomatics Project Manager II $ 160 Environmental Geologist II $ 125
Princi.al $ 225 Geomatics Project Professional I $ 135 Environmental Geologist III $ 135
Engineering Geomatics Project Professional II $ 155 Project Geologist I $ 145
Intern I $ 60 Geomatics Principal $ 220 Project Geologist II $ 155
Intern II $ 80 Geomatics Remote Sensing Crew I $ 195 Project Geologist III $ 165
CAD Technician I $ 96 Geomatics Remote Sensing Crew II $ 275 Sr.Environmental Project Geologist $ 180
CAD Technician II $ 107 Geomatics Survey Crew I $ 140 Environmental Scientist I $ 110
Senior CAD Technician $ 128 Geomatics Survey Crew I I(2 Man) $ 170 Environmental Scientist II $ 125
Designer I $ 123 Geomatics Survey Crew III(3 Man) $ 210 Environmental Scientist III $ 135
Designer II $ 134 Geomatics Senior Manager $ 190 Environmental Project Scientist I $ 145
Senior Designer $ 155 Geomatics Survey Tech I $ 50 Environmental Project Scientist II $ 155
Project Coordinator I $ 91 Geomatics Survey Tech II $ 80 Environmental Project Scientist III $ 165
Project Coordinator II $ 102 Geomatics Survey Tech III $ 105 Sr.Environmental Project Scientist $ 180
Project Coordinator III $ 112 Geomatics Survey Tech IV $ 115 Environmental Professional I $ 110
Senior Project Coordinator $ 118 Geomatics Sr.Technical Consultant $ 200 Environmental Professional II $ 125
Project Coordinator Team Leader $ 134 Geomatics SUE Crew 1 $ 175 Environmental Professional III $ 135
Project Engineer I $ 150 Geomatics SUE Crew 2 $ 245 Environmental Project Engineer I $ 145
Project Engineer II $ 161 ': Geographic InfosrciafI&tsjstemsf, ,; -_ Environmental Project Engineer II $ 155
Project Engineer III $ 177 GIS Survey Technician I $ 65 Environmental Project Engineer III $ 165
Staff Professional I $ 86 GIS Survey Technician II $ 86 Sr.Environmental Project Engineer $ 180
Staff Professional II $ 128 GIS Survey Technician III $ 102 Environmental Assistant PM $ 155
Staff Professional III $ 139 GIS Survey Lead $ 118 Environmental Project Manager $ 165
Staff Professional IV $ 171 GIS Technician $ 86 Environmental Sr.Project Manager $ 175
Senior Staff Professional $ 166 GIS Analyst I $ 102 Environmental Sr.Technical Consultant $ 205
Senior Project Engineer $ 193 GIS Analyst II $ 118 Environmental Principal $ 225
Senior Technical Consultant $ 209 GIS Specialist $ 134 L ndsca e.Arc i F a/Plannin:'
Zonin:S.ecialist $ 246 GIS Senior Specialist $ 150 Landscape Architect I $ 139
7 ;Constrt etio Ar riuriilstratrci GIS Pro ect Mana•er $ 150 Landscape Architect II $ 150
Construction Manager I $ 139 Eundm"•. Ass- 4,......Mal Landscape Architect III $ 166
Construction Manager II $ 150 F&AM Project Consultant I $ 102 Landscape Designer I $ 118
Senior Construction Manager $ 171 F&AM Project Consultant II $ 112 Landscape Designer II $ 128
Resident Project Representative I $ 86 F&AM Project Consultant III $ 118 Planner I $ 112
Resident Project Representative II $ 102 F&AM Senior Project Consultant I $ 134 Planner II $ 128
Resident Project Representative III $ 118 F&AM Senior Project Consultant II $ 139 Planner III $ 150
Senior Resident Pro ect Representative $ 128 F&AM Implementation Specialist $ 134 Planning Technician $ 102
:.``.'" ', m st at d ter F&AM Staff Professional III $ 139 Senior Landscape Architect $ 182
Administrative Assistant $ 54 F&AM Assistant Project Manager $ 145 Senior Planner $ 171
Office Administration $ 59 F&AM Project Manager $ 150 ;>, ,,, .e se 0, .-..
Administrative Assistant I $ 70 F&AM Senior Project Manager $ 187 Bond Prints(Per Sheet) $ 1.75
Administrative Assistant II $ 80 F&AM Principal $ 203 Mylar Prints(Per Sheet) $ 11.00
Administrative Assistant III $ 91 F&AM Senior Technical Consultant $ 225 Mileage Per IRS
Director of Marketing $ 91 Delivery-Project Specific(Distance&Priority)
Marketing Administration II $ 102 Subcontractor Fees(Markup) 1.15
Marketing Administration I $ 80 _Expenses/Reprod./Permits(Markup) 1.15
Office Administrator I $ 102
Office Administrator II $ 107
Office Administrator III $ 112
Effective January 1,2022-Schedule is subject to change
Engineers I Planners I Surveyors