Standing Committee

Town of Summerville, sc Standing Committees of Council Monday, August 5, 2024 – 5:30pm Council Chambers – Annex Building – 200 South Main Street AGENDA 1. Parks and Recreation Committee: Bob Jackson (Chair), Aaron Brown, Tiffany Johnson-Wilson Staff Liaison: Amy Evans a. Discussion of future skatepark locations b. Approval to dedicate Field 6 at Gahagan Park in memory of Barbara Koester, volunteer of the Summerville Girls Softball League c. Request to draft ordinance for consideration to support smoke, tobacco, and vape- free Town parks d. Approval to submit a grant to the South Carolina Forestry Commission to support a food forest 2. Planning and Development Committee: No meeting for August Richard Waring (Chair), Bob Jackson, Matt Halter Staff Liaison: Jessi Shuler 3. Public Safety Committee: No meeting for August Aaron Brown (Chair), Kima Garten-Schmidt, Matt Halter Staff Liaisons: Chief Doug Wright and Chief Brent Melcher Standing Committee Meetings - Page 2 – August 5, 2024 4. Public Works and Committee on Water Supply: Kima Garten-Schmidt (Chair), Tiffany Johnson-Wilson, Richard Waring Staff Liaison: Bonnie Miley a. Project Updates b. Update on Central Avenue Sidewalk c. Discussion of abandonment of the easement at 214 Bamert Street 5. Finance Committee: a. Presentation of July 2024 Financial Reports b. Conceptual framework for Capital Funding c. Presentation of Reassessment Calculation Estimates d. Discussion and Request for staff to review, implement or revise the Merit Pay Policy and Performance Evaluation Policy provided. e. Authorization to issue a purchase order to PURVIS Systems up to the amount of $388,400.00 dollars for the purchase of a automated dispatch and station alerting for the Fire Department. Funds to come from General Funds/Fire Department Capital. f. Authorization for the Town Administrator to enter into a contract with Creech and Associates and to issue a purchase order not to exceed $3,895,200 to complete the design of the municipal public safety complex. Funds to come from municipal impact fees and Midtown TIF bond proceeds. g. Authorization for the Town Administrator to enter into a contract with Infrastructure Consulting Engineering (ICE) and issue a purchase order not to exceed $900,000 to perform design work for Main Street Resiliency Project. Funds to come from designated State earmarked funds. h. Authorization for staff to modify contract with Michael Baker International in the amount of $43,975 for services on the North Cedar Street Extension project to include additional R/W relocation services and signal warrant analysis. To be funded by the road fund and reimbursement request through IGA with Berkeley County. i. Authorization to award construction contract for Central Avenue Sidewalk Phase #1 to First Construction Management, LLC in the amount of $765,113.39. To be funded by designated State earmark funds in the amount of $400,000 and the balance from the sidewalk capital fund. j. Finance Committee Executive Session –legal matters 1. Receive legal advice regarding the Employee Handbook Standing Committee Meetings - Page 3 – August 5, 2024 k. Other Business 1. Action to be taken by Finance Committee related to Executive Session l. Discussion of Proposed / Upcoming Council Agenda Items m. Adjourn from Finance Committee AS OF 7/31/2024 Town of Summerville FYE 06/2025 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 8.33 Current Budget Current Period Y-T-D Actual Budget Balance % of Budget Revenue Summary Property Taxes 18,943,500.00 401,720.29 401,720.29 18,541,779.71 2% Licenses Permits and Fees 17,141,552.00 143,898.94 143,898.94 16,997,653.06 1% Court Fines & Fees 275,000.00 26,668.78 26,668.78 248,331.22 10% State Revenues 4,470,716.00 339,732.07 339,732.07 4,130,983.93 8% Parks & Rec Revenues 392,000.00 77,586.00 77,586.00 314,414.00 20% Miscellaneous Revenues 1,924,290.00 199,306.09 199,306.09 1,724,983.91 10% Total Revenues 43,147,058.00 1,188,912.17 1,188,912.17 41,958,145.83 3% Expenditure Summary Municipal Court 681,569.00 41,838.43 41,838.43 639,730.57 6% Finance 883,933.00 52,983.83 52,983.83 830,949.17 6% Administration 2,920,358.00 187,615.98 187,615.98 2,732,742.02 6% Planning 829,394.00 35,296.63 35,296.63 794,097.37 4% Building / Inspections 1,038,403.00 58,244.12 58,244.12 980,158.88 6% Town Engineer 938,593.00 61,594.96 61,594.96 876,998.04 7% Police Dept 13,821,573.00 883,431.92 883,431.92 12,938,141.08 6% Fire Dept 11,797,533.00 799,985.63 799,985.63 10,997,547.37 7% Communication Center 2,112,381.00 117,471.34 117,471.34 1,994,909.66 6% Maintenance Dept 1,013,742.00 47,810.58 47,810.58 965,931.42 5% Street Dept 3,318,972.00 174,267.13 174,267.13 3,144,704.87 5% Parks & Recreation 3,678,867.00 214,676.64 214,676.64 3,464,190.36 6% Buildings & Grounds 2,778,500.00 733,285.57 733,285.57 2,045,214.43 26% Debt Services 842,840.00 59,640.00 59,640.00 783,200.00 7% Capital Expenditures 2,479,340.00 118,119.00 118,119.00 2,361,221.00 5% Non-Departmental 250,000.00 0.00 0.00 250,000.00 0% TIF Debt Service 100,000.00 0.00 0.00 100,000.00 0% Total Expenditures 49,485,998.00 3,586,261.76 3,586,261.76 45,899,736.24 7% Operating Revenue Over / (Under) Expenditures (6,338,940.00) (2,397,349.59) (2,397,349.59) (3,941,590.41) 38% Other Income (Expenses) Sale of Real Estate Purchase of Real Estate Transfers In 4,234,600.00 291,667.00 291,667.00 3,942,933.00 7% 4,234,600.00 291,667.00 291,667.00 3,942,933.00 Net Revenue Over / (Under) Expenditures (2,104,340.00) (2,105,682.59) (2,105,682.59) 1,342.59 37% AS OF 7/31/2024 Town of Summerville FYE 06/2025 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 8.33 Property Taxes 100-4-0000-10-101 Prior Year Taxes 375,000.00 250,191.16 250,191.16 124,808.84 67% 100-4-0000-10-102 Real Prop Taxes 16,119,000.00 (11,803.53) (11,803.53) 16,130,803.53 0% 100-4-0000-10-103 Vehicle Prop Taxes 1,837,500.00 163,332.66 163,332.66 1,674,167.34 9% 100-4-0000-10-104 Homestead Taxes 440,000.00 0.00 - 440,000.00 0% 100-4-0000-10-106 Heavy Equipment Rental Tax 172,000.00 0.00 - 172,000.00 0% 18,943,500.00 401,720.29 401,720.29 18,541,779.71 2% Licenses Permits and Fees 100-4-0000-20-202 Cable TV Franchise Fees 300,000.00 89,456.13 89,456.13 210,543.87 30% 100-4-0000-20-203 Electric & Gas Franchise Fees 2,085,552.00 0.00 - 2,085,552.00 0% 100-4-0000-20-210 Business Licenses 6,600,000.00 216,769.48 216,769.48 6,383,230.52 3% 100-4-0000-20-211 Business License Penalty 185,000.00 7,369.76 7,369.76 177,630.24 4% 100-4-0000-20-212 Business License Insurance 6,500,000.00 0.00 - 6,500,000.00 0% 100-4-0000-20-214 Telephone Licenses 100,000.00 0.00 - 100,000.00 0% 100-4-0000-20-216 Building Permits 1,200,000.00 136,970.50 136,970.50 1,063,029.50 11% 100-4-0000-20-217 Re-Inspect Fees 6,000.00 50.00 50.00 5,950.00 1% 100-4-0000-20-218 Planning Fees 25,000.00 2,350.00 2,350.00 22,650.00 9% 100-4-0000-20-220 Tree Permit/Penalty 10,000.00 529.00 529.00 9,471.00 5% 100-4-0000-20-221 Stormwater Review Fees 130,000.00 1,935.00 1,935.00 128,065.00 1% 17,141,552.00 143,898.94 143,898.94 16,686,122.13 1% Court Fines & Fees Municipal Court Fines 275,000.00 26,668.78 26,668.78 248,331.22 10% State Revenues 100-4-0000-30-301 Loc Opt Sales Tax Chas Cty 450,000.00 88,123.30 88,123.30 361,876.70 20% 100-4-0000-30-302 Loc Opt Sales Tax Berk Cty 2,400,000.00 234,258.77 234,258.77 2,165,741.23 10% 100-4-0000-30-311 Inventory Taxes 78,600.00 0.00 - 78,600.00 0% 100-4-0000-30-313 Manufacturer Tax Exemption 126,564.00 0.00 - 126,564.00 0% 100-4-0000-30-321 Aid To Subdivisions 1,315,552.00 0.00 - 1,315,552.00 0% 100-4-0000-30-325 Beverage Licenses 100,000.00 17,350.00 17,350.00 82,650.00 17% 4,470,716.00 339,732.07 339,732.07 4,130,983.93 8% AS OF 7/31/2024 Town of Summerville FYE 06/2025 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 8.33 Parks & Recreation Revenues Current Budget Current Period Y-T-D Actual Budget Balance % of Budget 100-4-0000-35-326 Special Events Misc. Income 45,000.00 1,708.25 1,708.25 43,291.75 4% 100-4-0000-35-353 Parks and Playground Fees 35,000.00 4,077.50 4,077.50 30,922.50 12% 100-4-0000-35-370 Gahagan Field/Concessions 22,000.00 8,738.00 8,738.00 13,262.00 40% 100-4-0000-35-371 Regular League Fees 100,000.00 39,990.00 39,990.00 60,010.00 40% 100-4-0000-35-374 Gahagan Gate Fees 0.00 0.00 - 0.00 100-4-0000-35-375 MISC Rev-RECC 150,000.00 14,608.50 14,608.50 135,391.50 10% 100-4-0000-35-376 P&R Prepackaged Concessions 9,000.00 1,140.75 1,140.75 7,859.25 100-4-0000-35-377 P&R Prepared Concessions 1,000.00 144.00 144.00 856.00 100-4-0000-35-378 Gahagan Retail 0.00 0.00 - 0.00 100-4-0000-35-380 Tennis Program Revenue 25,000.00 2,179.00 2,179.00 22,821.00 9% 100-4-0000-35-381 Saul Alexander Pickleball 5,000.00 5,000.00 5,000.00 0.00 392,000.00 77,586.00 77,586.00 314,414.00 20% Miscellaneous Revenues 100-4-0000-35-351 Interest Income 500,000.00 179,156.89 179,156.89 320,843.11 36% 100-4-0000-35-352 Sale of Assets 75,000.00 0.00 - 75,000.00 0% 100-4-0000-35-355 Dorch Dist. 2 Reimbursement 1,025,000.00 0.00 - 1,025,000.00 0% 100-4-0000-35-360 Miscellaneous Income 100,000.00 2,600.50 2,600.50 97,399.50 3% 100-4-0000-35-362 Property Rental Fees 80,000.00 6,867.51 6,867.51 73,132.49 9% 100-4-0000-35-363 Cellular Tower Rental Fees 107,000.00 10,443.74 10,443.74 96,556.26 10% 100-4-0000-35-364 Report Fees 15,000.00 237.45 237.45 14,762.55 2% 100-4-0000-35-365 Administrative Fees 5,000.00 0.00 - 5,000.00 0% 100-4-0000-35-366 False Alarm Fees 17,290.00 0.00 - 17,290.00 0% 1,924,290.00 199,306.09 199,306.09 1,724,983.91 10% Transfers In Local Hat 3,700,000.00 291,667.00 291,667.00 3,408,333.00 8% State A Tax 75,000.00 0.00 - 75,000.00 0% Transfer from ARP Fund 359,600.00 0.00 - 359,600.00 0% Infrastructure Roads Fund 100,000.00 0.00 - 100,000.00 4,234,600.00 291,667.00 291,667.00 3,942,933.00 7% Total Revenues General Fund 47,381,658.00 1,480,579.17 1,480,579.17 45,589,547.90 3% AS OF 7/31/2024 Town of Summerville FYE 06/2025 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 8.33 Parks and Rec Fire Municipal YTD Residential 212-4-4731-20-235 Parks and Rec Facilities 26,943.00 26,943.00 212-4-4731-20-237 Fire Facilities 32,517.60 32,517.60 212-4-4731-20-239 Municipal Facilities 43,769.40 43,769.40 103,230.00 Commercial 213-4-4733-20-237 Fire Facilities - Commercial 809,448.23 809,448.23 213-4-4733-20-239 Municipal Facilities - Comm 420,716.25 420,716.25 1,230,164.48 Total Revenues 26,943.00 26,943.00 841,965.83 841,965.83 464,485.65 464,485.65 1,333,394.48 212-6-4731-12-211 Public Safety Building Design - - 3267.5 3267.5 212-6-4731-25-287 Shepard Park Expense - - 212-6-4731-13-520 Doty Park Improvements - - 212-6-4731-13-533 Fire Station 6 Construction - - 212-6-4731-14-521 Rollins Equipment-Parks - - - 212-6-4731-15-312 Capital Equipment Streets - - 213-6-4733-13-533 Fire Station 6 Construction - 213-6-4733-14-312 Vehicles/Rolling Equipment - - Total Expenditures - - - - - - - Net Revenues over Expenditures 26,943.00 26,943.00 841,965.83 841,965.83 464,485.65 464,485.65 1,333,394.48 Unaudited Fund Balance 7/1/2024 281,359.98 79,150.41 1,897,951.91 AS OF 7/31/2024 Town of Summerville FYE 06/2025 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 8.33 Local Hospitality Tax Local Accomodations Tax 214-4-4741-20-221 Local H-Tax Revenue 511,689.76 511,689.76 214-4-4741-35-350 Special Event Sponsor 0.00 0.00 214-4-4741-35-354 Tourism Grants 37,264.84 37,264.84 214-4-4741-35-360 Miscellaneous 27,600.00 27,600.00 Local Accomodations Tax 216-4-4712-30-315 Revenue 40,601.44 40,601.44 576,554.60 576,554.60 40,601.44 40,601.44 Total Expenses 368,728.20 368,728.20 0.00 0.00 Net Revenues over Expenses 207,826.40 207,826.40 40,601.44 40,601.44 Budgeted Revenue 6,000,000.00 % of Budget Collected 9% AS OF 7/31/2024 Town of Summerville FYE 06/2025 UNAUDITED Revenue and Expense Report % OF YEAR COMPLETED: 8.33 Current Budget Current Period Y-T-D Actual Budget Balance % of Budget Stormwater Mgt. Fund 500-4-4811-60-601 Operating Revenues 2,500,000.00 13,629.78 13,629.78 2,486,370.22 1% 0.00 Expenditures 2,371,358.00 121,528.61 121,528.61 2,249,829.39 5% Revenue Over / (Under) Expenditures 128,642.00 (107,898.83) (107,898.83) 236,540.83  CONCEPTUAL FRAMEWORK FOR CAPITAL FUNDING 2026 2027 2028 2029 2030 2031 Beginning Balance 2,500,000.00 2,400,000.00 2,187,500.00 1,856,875.00 1,402,218.75 817,329.69 Additions - Annual Appropriation 2,500,000.00 2,500,000.00 2,500,000.00 2,500,000.00 2,500,000.00 2,500,000.00 Sale of Assets 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 Uses Annual Police Cars (1,500,000.00) (1,575,000.00) (1,653,750.00) (1,736,437.50) (1,823,259.38) (1,914,422.34) Other Department needs (750,000.00) (787,500.00) (826,875.00) (868,218.75) (911,629.69) (957,211.17) Infrastructure (500,000.00) (500,000.00) (500,000.00) (500,000.00) (500,000.00) (500,000.00) Capital Uses (2,750,000.00) (2,862,500.00) (2,980,625.00) (3,104,656.25) (3,234,889.06) (3,371,633.52) Ending Balance 2,400,000.00 2,187,500.00 1,856,875.00 1,402,218.75 817,329.69 95,696.17 Assumptions: Initial Beginning Balance is a contribution from Fund Balance Police Cars increase at 5% per year Other Department Needs increase at 5% per year Annual Budget will need to fund at least $2.5mm per year. Sale of Assets will be removed from the General Fund Budget and will reside in the Capital Fund Not included: Debt Service on Public Safety Building 45,000,000.00 $3,000,000 to $3,500,000 per year A portion can be funded with impact fees Fire Truck Replacements Funding sources have typically been Impact Fees and General Fund possibly through Lease Purchase Parks and Recreation Additions an/or Improvements Impact Fees can assist with New Parks but generally those dollars are not sufficient to fund large projects Infrastructure Projects/Bike Pedestrian This is obviously a concern and funding has always been a challenge. July 17, 2024 Mr. Frank Neal, AICP, MPA Director of Community and Economic Development Town of Summerville 200 S Main Street Summerville, SC 29483 Re: Public Safety Campus Proposal for Design Services Mr. Neal: Creech & Associates, PLLC is pleased to present you with the following proposal for design services for the Town of Summerville Police Department, Fire Department, and Municipal Courts on the existing site at 300 W 2nd North St. The following is a general understanding of the project scope: • The intent is to build on the Advanced Planning effort that envisioned a new Public Safety Campus consisting of three stand-alone facilities and a precast concrete parking structure. • The proposed site is the current public safety site at 300 W 2nd North Street. • The proposed construction project budget is $53 million dollars and will be funded through various sources. Options include, but are not limited to, TIF (Tax Increment Financing) funds, federal, county, and state contributions, and other local funds as approved by town council. The anticipated schedule for completed permit drawings will be 12 months. CONSULTANT TEAM The consultant team will be as follows: • ADC Engineering Landscape Architecture, Civil & Structural Engineering • DWG Consulting Engineers Mechanical, Electrical, Plumbing & Fire Protection Engineering • Tindall Corporation Precast Concrete Structured Parking Engineering The design team will also coordinate with the owner’s consultants as required. It is our understanding that the method of project delivery is Construction Manager at Risk (CMAR). SERVICES INCLUDED 1. Schematic Design Phase (SD) A. SD drawings per the SC Building Code and Town of Summerville requirements. B. SD will consist of conceptual site plans, floor plans, roof plan, elevations for each of the four facilities, and an approved site plan. C. The consultants will provide detailed systems narratives for their portion of the work to inform pricing. D. Attend the Town’s Technical Review Committee (TRC) meeting. Town of Summerville Public Safety Campus Proposal for Design Services  2. Schematic Design Cost Estimating and Owner Review A. The owner will contract with a CMAR that will provide preconstruction services that include a detailed cost estimate based upon the information resulting from the SD deliverables. B. The design team will coordinate the scope of work and respond to questions during the SD estimating exercise. 3. Design Development Phase (DD) A. DD drawings per the SC Building Code and Town of Summerville requirements. B. DD will consist of well-developed floor plans, ceiling plans, roof plan, elevations, preliminary schedules, wall sections and preliminary details for each of the four facilities. C. DD will include progress consultant drawings with specific systems defined. D. DD will include outline specifications in CSI format. E. Final Design Approval to include presenting to DRB, Tree Board and any other required committee as needed. F. Graphic, color, or illustrative renderings/drawings to be included as part of this proposal. 4. Design Development Cost Estimating Phase and Owner Review A. The owner will contract with a CMAR that will provide preconstruction services that include a detailed cost estimate based upon the information resulting from the DD deliverables. B. The design team will coordinate the scope of work and respond to questions during the DD estimating exercise. 5. Construction Documents Phase (CD) A. Construction documents will define the remaining portions of the work per the SC Building Code and Town of Summerville requirements. B. Structural engineering services for the building and any site walls or free-standing structures required. C. Fire Protection, Plumbing, Mechanical and Electrical engineering services to within five feet of structures. Civil will pick up the utilities from that point to the other main services. D. Interior design services for the selection of finishes. E. Code required interior signage. F. The design team will hold a meeting to discuss audio-visual based upon the floor plans and the requirements of the end users. The design team will then coordinate with the town’s AV vendor to provide pathways for the devices required. G. The design team will hold a meeting to discuss security with the end user to illustrate the requirements of the renovation. The design team will then coordinate with the town’s security vendor to provide pathways for the devices required. H. The design team will hold a meeting to discuss IT with the town’s IT vendor to illustrate the requirements of the end users. The design team will then coordinate with the town’s IT vendor to provide pathways for the devices required. Town of Summerville Public Safety Campus Proposal for Design Services 2  I. Specifications in CSI format per the SC Building Code and Town of Summerville requirements. J. Complete MS4, NPDES, and SCDOT Encroachment permits as required. 6. Construction Documents Cost Estimating and Owner Review A. The owner will contract with a CMAR that will provide preconstruction services that include a detailed cost estimate based upon the information resulting from the CD deliverables. B. The design team will coordinate the scope of work and respond to questions during the construction document estimating exercise. C. Review of BMP as-builts & design certifications to be included. 7. Bidding Phase A. Provide drawings to plan review agencies per town/county and state requirements. B. Answer request for information forms (RFI) during the bidding process. C. Review substitution requests D. Bid opening facilitated by the CMAR and conducted per Town of Summerville and best industry practices. E. Assist in evaluating the bid tabulations. 8. Construction Administration (CA) Phase A. Owner/Architect/Contractor (OAC) Meetings (2 per month assumed for 18 months) B. Field Reports (same frequency as OAC) C. Reviewing submittals D. Responding to RFIs SERVICES EXCLUDED (May be considered for additional services) 1. Specialty consultants other than those listed above (includes but is not limited to vibration consultants, security consultants, acoustical consultants, data consultants, etc.). 2. Furniture, fixtures, and equipment procurement. 3. LEED administration services including coordination of disciplines for basic certification. 4. Commissioning services and reviews. The code required commissioning services, if you choose, can be provided by the design team’s engineers for an additional fee. 5. Design revisions and/or Value Engineering after bids are received and within 5% of the approved budget. 6. Special inspections and material testing or Phase II testing. 7. All permit and application fees shall be paid by the Town of Summerville. 8. Updates to the Town of Summerville and/or Dorchester County stormwater master plan and/or tree protection master plan are not included in this proposal. 9. The Town of Summerville is responsible for providing all floor plans and information prior to the start of work. 10. Rezoning services are excluded. It is assumed that the proposed improvements are by right and will not require modifications to the previously approved master plan. 11. Utility test pits, excavations, and soft digs are excluded from this proposal, but can be completed for an additional fee. Town of Summerville Public Safety Campus Proposal for Design Services 3  12. It is assumed that all improvements shall be located outside of the flood plain and that a flood development permit application is not required. 13. A traffic study is not included in this proposal but can be completed for an additional fee. 14. Offsite roadway improvements, such as turn lanes, are not included in this scope and fee. 15. Construction staking is not included in this proposal but can be completed for an additional fee. 16. Wetland delineation and wetland and stream impact permitting (404/401 Permits) are excluded but can be provided for an additional service. 17. Environmental Site Assessments (including but not limited to phase I, II and III) are not included in this proposal. 18. Geotechnical and subsurface evaluations are not included in this proposal. 19. Endangered species surveys (i.e., mussel surveys) beyond surveys included in the scope of services above are not included in this proposal. 20. Property access agreements are not included in this proposal. 21. Excludes Floodplain Studies. 22. Does not include weekly erosion control site visits as may be required by the State. 23. The Town of Summerville shall provide access to the site as needed to perform tasks in this proposal. 24. Confined space entry is not included in this proposal. 25. Photometric design for exterior and parking lot lighting are not included in this proposal. 26. Irrigation design is not included in this proposal. 27. Construction material testing is not included in this proposal. 28. All items not specifically included in the Scope of Services above are specifically excluded from this proposal. ARCHITECTURAL AND ENGINEERING FEES The traditional design service fees for the project are based on a percentage of the construction cost for each of the three primary facilities that, when combined, equate to the $53 million dollar total. This will serve as the fee structure until the end of the Schematic Design (SD) phase, and if the estimated costs align at the conclusion of that phase, through the completion of Construction Administration (CA). Should the SD estimated construction costs be higher than the initial project budget and the owner approve additional funding, the fee for the remaining DD-CA phases will be increased at the same percentage as the base fee. Should the estimated construction costs be lower than the initial project budget no decrease to the fees will be incurred. TOTAL LUMP SUM BASE FEES FOR TRADITIONAL DESIGN SERVICES Fire Station 1 and Fire Administration $ 736,000.00 8.0% of construction cost Police and Courts Facility and Fleet Facility $ 2,652,800.00 7.5% of construction cost Structured Parking $ 506,400.00 8.0% of construction cost TOTAL LUMP SUM BASE FEE $ 3,895,200.00 Creech & Associates is prepared to customize the scope of work and subsequent fee to align with any existing budget parameters the town may have related to the project. It is our suggestion that the owner carry a 3% minimum contingency in addition to the construction contingency. SCHEDULE The anticipated proposed project schedule is as follows: Town of Summerville Public Safety Campus Proposal for Design Services 4  Schematic Design Production: Three (3) months Schematic Design Cost Estimating / Owner Review: One (1) month Design Development Production: Three (3) months Design Development Cost Estimating / Owner Review: One (1) month Construction Document Production: Four (4) months Construction Document Cost Estimating / Owner Review: One (1) month Bidding: Two (2) months Construction Administration: Eighteen (18) months *If additional scope items are selected, the schedule will adjust accordingly. TOWN OF SUMMERVILLE SUPPLEMENTAL CONDITIONS Contract change order: When a change order becomes necessary for any contract approved by council resulting in an increase over the contract price, the following procedures shall be observed: 1. Any subsequent change to a contract approved by council shall be brought back before council for review and approval or disapproval prior to the commencement of the work contemplated under the proposed change order. 2. Any contract entered into by the town shall contain this clause: Contractor (or Provider) recognizes and acknowledges that, notwithstanding any provision to the contrary in this Contract, Contractor (or Provider) shall not be paid for any change order which does not comply with the provisions of Town Ordinance Chapter 2, Article V, Division 2, Sections 2- 322 and 2-323. Again, Creech & Associates is honored to be involved in this exciting project and we look forward to proceeding upon approval. Please do not hesitate to call if you have any questions. If you agree with this proposal, we will issue a completed AIA B133-2019 to which this proposal can be attached as an exhibit. Yours truly: Creech and Associates, PLLC Brent J. Green, LEED AP Principal The foregoing contract with Creech & Associates, PLLC. is accepted: Print (Type) Individual Firm or Corporation Name Signature of Authorized Representative Date Print (Type) Name of Authorized Representative and Title Town of Summerville Public Safety Campus Proposal for Design Services 5 Town of Summerville Public Safety Campus Proposal for Design Services 6 ATTACHMENT A 2024 Hourly Rates CREECH & ASSOCIATES Principal $225.00 Senior Associate $190.00 Project Manager $190.00 Associate $180.00 Lead Designer $180.00 Project Designer I $145.00 Project Designer II $155.00 Project Designer III $165.00 Architect I $160.00 Architect II $170.00 Architect III $180.00 BIM Designer I $130.00 BIM Designer II $140.00 BIM Designer III $150.00 Interior Designer I $140.00 Interior Designer II $150.00 Interior Designer III $160.00 Intern Architect $80.00 Administrative $75.00 Town of Summerville Public Safety Campus Proposal for Design Services 7  AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN Town of Summerville, South Carolina AND Infrastructure Consulting & Engineering, LLC THIS CONTRACT IS SUBJECT TO ARBITRATION PURSUANT TO S.C. CODE ANN. §15-48-10 This AGREEMENT is made and entered into this _____ day of August 2024, by Infrastructure Consulting & Engineering, LLC located at 110 Midlands Court, West Columbia, SC 29169, (CONSULTANT), and the Town of Summerville located at 200 South Main Street, Summerville, SC 29483, (TOWN). WHEREAS, CONSULTANT represents that the work to be performed is within its particular area of expertise, is qualified to perform such services, and shall be fully responsible for means and methods used in performing its work (WORK). TOWN relies upon such representations. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I - GENERAL PROVISIONS 1.1. Scope. CONSULTANT will provide WORK as described in Exhibit A, “Scope of Services,” (SCOPE) to be negotiated and mutually agreed upon by both parties and made a part of this AGREEMENT as an amendment. WORK described under the SCOPE shall be completed by CONSULTANT as directed by TOWN. 1.2. Independent Contractor. Nothing in this AGREEMENT creates a relationship between TOWN or its affiliates and CONSULTANT, except that of an independent contractor. 1.3. Ownership of Documents. 1.3.1. CONSULTANT agrees that all reports, drawings, studies, specifications, survey notes, estimates, maps, computations, test results, and other data (DOCUMENTS) prepared by or for CONSULTANT under this AGREEMENT are “work for hire” and shall be delivered to, become, and remain the property of TOWN upon completion of, and payment for, the WORK. 1.3.2. TOWN agrees that CONSULTANT shall have the right to retain one or more copies of DOCUMENTS. TOWN shall have the right to use DOCUMENTS without restriction, limitation, or additional compensation to CONSULTANT. 1.3.3. CONSULTANT shall not incur any liability for use or re-use of its DOCUMENTS on an extension of this project or on another project where such use or re-use is without CONSULTANT’S written consent. 1.4. Electronic Data. 1.4.1. The parties recognize that drawings, specifications, three-dimensional modeling (such as CAD drawings and Building Information Models), and other DOCUMENTS may be transmitted among TOWN, CONSULTANT, and others by electronic media as an alternative to paper hard copies 1 of 9  (collectively “Electronic Data”). 1.4.2. The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. However, transmission of Electronic Data shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of Electronic Data unless such data is materially changed or altered after it is transmitted, and the transmitting party did not participate in such change or alteration. 1.4.3. CONSULTANT acknowledges that differences may exist between Electronic Data and hard-copy DOCUMENTS. In the event of a conflict between hard-copy DOCUMENTS and Electronic Data, signed or sealed hard-copy DOCUMENTS shall govern. 1.4.4. CONSULTANT agrees to indemnify and hold TOWN harmless for all claims arising from the use of Electronic Data by CONSULTANT or any third party authorized by CONSULTANT. 1.5. CONSULTANT shall comply with the terms contained in Exhibit F: Mandatory Federal Provisions if the project involves Federal funds. ARTICLE II - TOWN 2.1. TOWN shall designate a person to act with authority on TOWN's behalf and respond in a timely manner to submissions by CONSULTANT. 2.2. TOWN shall furnish information or services required by this AGREEMENT with reasonable promptness. TOWN shall also furnish any other information or services under the TOWN’s control and relevant to the CONSULTANT’s performance of the WORK with reasonable promptness after receiving a written request for such information or services. ARTICLE III - CONSULTANT 3.1. CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by CONSULTANT under this AGREEMENT. 3.2. Taxes/Fees. CONSULTANT shall pay all taxes imposed by any federal, state, or local taxing authority on: (a) all fees, costs and other compensation paid by TOWN to CONSULTANT pursuant to this AGREEMENT; and (b) all payroll and compensation sums paid by CONSULTANT to CONSULTANT’s employees and (c) all other taxes, fees, and charges levied against CONSULTANT on account of this AGREEMENT. 3.3. Qualification of CONSULTANT’s Personnel. Persons assigned by CONSULTANT to the WORK shall be duly qualified, experienced, and have a thorough knowledge of federal, state, and local regulations and policies regarding their respective disciplines. CONSULTANT shall not replace any member of CONSULTANT’s team designated in the SCOPE that remains in CONSULTANT’s employ without the approval of TOWN, which approval by TOWN shall not be unreasonably withheld. CONSULTANT shall notify TOWN immediately in writing if a member of CONSULTANT’s team designated in the SCOPE leaves CONSULTANT’s employ. The CONSULTANT shall replace any member of CONSULTANT’s team designated in the SCOPE to which TOWN reasonably objects. 3.4. CONSULTANT represents that (a) WORK will be performed in a manner consistent with the care and 2 of 9  skill ordinarily exercised by other professionals practicing in the same locality and providing similar services on projects of similar size, complexity and conditions; and (b) in conformance with the SCOPE and all work orders. 3.5. Time for Performance. 3.5.1. Time limits stated in the SCOPE are of the essence to the AGREEMENT. 3.5.2. CONSULTANT shall provide a status report to TOWN on a regular basis or with each invoice submittal detailing the progress of the WORK, including whether (a) the WORK is proceeding according to the time limits stated in the SCOPE; and (b) items exist which require resolution so as not to jeopardize CONSULTANT’s ability to meet SCOPE time limits. 3.5.3. CONSULTANT will provide deliverables continuously and diligently, providing sufficient personnel, material, and equipment to meet project schedules and milestones, including the use of overtime if appropriate. CONSULTANT shall be responsible for all damages incurred by TOWN due to delays caused by CONSULTANT. 3.6. Audit:/Access to Records. 3.6.1. CONSULTANT shall maintain books, records, logs, and other documents pertinent to the WORK in accordance with generally accepted accounting principles and industry practices. TOWN, other applicable agencies, or any of their duly appointed representatives shall have access to any of this information for the purposes of examination, audit, excerpts, and transcriptions. 3.6.2. Records described above shall be maintained and made available during the performance under this AGREEMENT and for a period of three years after TOWN makes final payment with all other pending matters closed. 3.7. Indemnification. 3.7.1. CONSULTANT shall indemnify and hold harmless TOWN, their officers and employees, from liability of any nature or kind, including costs and expenses (including but not limited to reasonable attorney’s fees), for liability for damages resulting, in whole or in part, from negligent acts, errors, omissions, or misconduct of CONSULTANT or any person or organization for whom CONSULTANT may be responsible. 3.7.2. Approval by TOWN or other agencies of drawings, designs, specifications, reports, and incidental engineering work or materials furnished hereunder shall not in any way relieve CONSULTANT of responsibility for its WORK. CONSULTANT shall remain liable for all errors and omissions regardless of any approvals by TOWN. 3.7.3. The rights provided herein are nonexclusive and are in addition to any rights the parties may have at law or equity. 3.8. CONSULTANT agrees to perform all WORK in compliance with all applicable laws. ARTICLE IV – CHANGES TO THE WORK 4.1. Change Order: A document signed by TOWN and OWNER authorizing an addition, deletion, or revision in the WORK or an adjustment in the SCOPE price or time limits, or other revision to the AGREEMENT, 3 of 9  issued on or after the Effective Date of the AGREEMENT. 4.2. CONSULTANT recognizes and acknowledges that, notwithstanding any provision to the contrary in this contract, CONSULTANT shall not be paid for any Change Order which does not comply with the provisions of Town Ordinance Chapter 1, Article v, Division 2, Sections 2-322 and 2-323. ARTICLE V – PAYMENTS AND COMPLETION 5.1. TOWN shall pay CONSULTANT for WORK as follows: __ Unit Price: CONSULTANT’s compensation will be as described in the rate schedule in the Fee Proposal with a not-to-exceed limit of Nine Hundred Thousand dollars and 00/100 ($900,000.00). __ 5.2. Invoices must be submitted to TOWN by the 25th of each month to be included in that month’s invoice to OWNER. CONSULTANT agrees that TOWN shall not be obligated to pay CONSULTANT for WORK covered by any invoice if CONSULTANT submits the invoice more than one hundred eighty (180) days after the date CONSULTANT renders the services, or more than ninety (90) days after this AGREEMENT terminates, whichever is earlier. TOWN’s Invoice Transmittal Form, as shown in Exhibit E, must be submitted with each invoice for WORK performed. Payment for services will be remitted to CONSULTANT within thirty (30) days after TOWN’s receipt of payment from OWNER, which payment from OWNER is a condition to payment to CONSULTANT. ARTICLE VI – PROTECTION OF PERSONS AND PROPERTY 6.1. CONSULTANT agrees that it will be solely and continuously responsible for all of its activities and those of its employees or agents on the site where the WORK will be performed with respect to safety. 6.2. CONSULTANT will provide, at its own expense, all personal protective clothing and equipment required for its employees to perform their work in a safe manner and in compliance with all applicable OWNER- specific and occupational health and safety standards. 6.3. CONSULTANT agrees that TOWN may take whatever actions deemed necessary in its sole discretion to mitigate any damage to persons and/or property in an emergency situation related to the project or this AGREEMENT. To the extent CONSULTANT has caused or contributed to such situation, CONSULTANT agrees to indemnify TOWN for all costs incurred. ARTICLE VII – INSURANCE 7.1. CONSULTANT shall, during the performance of this AGREEMENT and for an one-year period thereafter, secure and maintain the following insurance at its own expense: 1. Errors and Omissions - Professional Liability $1,000,000 per Claim and Aggregate $100,000 or less Deductible 4 of 9  2. General Liability - to include coverage for premises, operations, independent contractors, blanket contractual liability, products completed operations, and personal injury. $1,000,000 Each Occurrence $2,000,000 Aggregate 3. Automobile Liability – Any Auto Owned, Non-owned, and Hired $1,000,000 Limit 4. Excess Liability $1,000,000 Occurrence Form $1,000,000 Aggregate 5. Workers Compensation - Statutory Employers Liability $500,000 Each Accident $500,000 Policy Limit $500,000 Each Employee 7.2. Add TOWN as additional insureds for ongoing and completed operations for General Liability, Automobile Liability and Excess Liability (Umbrella). 7.3. For all of the above, furnish certificates prior to commencement of work. The certificate holder (and additional insured) should read as follows: Town of Summerville Attention: Legal Dept. 200 South Main Street Summerville, SC 29483 7.4. The Certificate of Insurance shall expressly state that if there is any material change in coverage (cancellation, expiration, or exclusion of a specifically required coverage such as completed operations) that the certificate holder, Infrastructure Consulting & Engineering, PLLC, will receive at least 30 days’ prior written notice by either a reliable carrier such as FedEx, UPS and alike or by USPS mail using the service of “Return Receipt Requested”. In the event of a claim, Infrastructure Consulting & Engineering, PLLC and their respective insurance carriers reserve the right to review any policy held by CONSULTANT. 7.5. The insurance companies providing coverage must be rated “A-” or better by A. M. Best’s most recent edition and be admitted and licensed in the CONSULTANT’s state of domicile. Any exceptions to these requirements must be referred to the TOWN for prior approval. 7.6. To the maximum extent permitted by law, all insurance policies with the exception of Errors and Omissions maintained hereunder shall provide a waiver of subrogation in favor of TOWN. 7.7. The foregoing requirements are not intended to limit or qualify the liabilities and obligations assumed by 5 of 9  CONSULTANT under this AGREEMENT. ARTICLE VIII – TERMINATION OR SUSPENSION 8.1. Termination. 8.1.1. This AGREEMENT may be terminated by TOWN at any time for the convenience of the TOWN by written notice to the CONSULTANT specifying the termination date. CONSULTANT shall be paid in accordance with the percentage of WORK completed through the termination date. 8.1.2. TOWN shall give written notice if CONSULTANT fails to perform its WORK in accordance with the appropriate standard of care, fails to provide WORK in accordance with required schedule, becomes insolvent or files for any form of bankruptcy protection, or is in breach of any material obligations under this AGREEMENT. CONSULTANT must cure any such default within seven (7) days of notice. 8.1.3. If CONSULTANT does not cure the default within the seven (7) days, then TOWN may terminate this AGREEMENT for cause and may take over the WORK and prosecute same to completion by contract or otherwise, deduct such costs for completion from payments paid or payable to CONSULTANT, and recover from CONSULTANT any shortfall. 8.1.4. If TOWN should terminate CONSULTANT for cause, and it should thereafter appear by adjudication or otherwise that such a termination was improper, the termination for default will be converted to a termination for the convenience of TOWN and payment will be made accordingly. In no event shall TOWN be obligated to compensate CONSULTANT for any termination expenses or damages. 8.2. Suspension. TOWN may, without cause, order CONSULTANT in writing to suspend, delay or interrupt the WORK, in whole or in part for such period of time as TOWN may determine. The WORK fees and time may be adjusted for increases in the cost and time caused by suspension, delay, or interruption. ARTICLE IX – CLAIMS AND DISPUTES 9.1. The parties agree to attempt to resolve all claims or disputes arising from or related to this AGREEMENT at a meeting between the senior representatives of each party within five (5) business days of receipt by either party of a notice and description of the dispute. 9.2. If the dispute is not settled under clause 9.1, the parties may agree to settle the dispute through mediation. The parties shall mutually agree upon the selection of a mediator and bear the costs of the mediation equally. 9.3. Unless provided to the contrary herein CONSULTANT shall continue to perform the WORK and TOWN shall continue to pay undisputed amounts to CONSULTANT, pending the final resolution of any dispute or disagreement between TOWN and CONSULTANT. 9.4. Neither party shall be liable to the other for any special, indirect, punitive, consequential damages including but not limited to loss of profits, loss of use, loss of revenue, loss of capital, loss of goodwill, or any other incidental or consequential damages arising out of the WORK. 6 of 9 9.5. Unless provided to the contrary in this AGREEMENT is governed by the laws of the state in which the project is located. ARTICLE X – MISCELLANEOUS PROVISIONS 10.1. Assignment: CONSULTANT acknowledges that its services are unique and personal; therefore, its rights under this AGREEMENT may not be assigned or its duties or obligations delegated without the express written consent of TOWN, which consent shall not be unreasonably withheld. 10.2. Amendment: This AGREEMENT may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party. 10.3. Severability: If any provision or portion of a provision of this AGREEMENT is declared void or unenforceable, or limited in its application or effect, all other provisions and unaffected portions thereof shall remain fully enforceable; and the parties shall use their best efforts to negotiate a valid and enforceable modification to this AGREEMENT to address any matters affected. 10.4. Headings: The headings of the Exhibits, Sections, Schedules, and Attachments contained in this AGREEMENT are for convenience only and shall not expand, limit, or change the provisions thereof. 10.5. Interpretation - This AGREEMENT shall be interpreted under and governed by the laws of the state in which the project is located. 10.6. Waiver - The failure of the parties to this AGREEMENT to enforce the provisions of this AGREEMENT, or to exercise any option provided herein, shall not be construed to be a waiver of such provisions nor in any way to affect the validity of this AGREEMENT or any part thereof nor the right of the parties to enforce each and every provision thereafter. 10.7. Publication, Publicity and Confidentiality - Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this AGREEMENT shall not be presented publicly nor published without prior approval in writing from TOWN. Additionally, representatives of the CONSULTANT are expressly prohibited from releasing any information to the media or any other person about any matter pertaining to this AGREEMENT. Such information is to come from TOWN. 10.8. Drug Free Workplace - In accordance with the Drug-Free Workplace Act of 1988, as amended, and as a condition precedent to the execution of this AGREEMENT, the undersigned certifies that CONSULTANT will maintain a drug-free workplace. 10.9. Entire Agreement: This AGREEMENT, together with the attached Exhibits constitutes the entire agreement between TOWN and CONSULTANT and supersedes all prior written or oral understandings. 10.10. Force Majeure: Neither Party shall be liable for any failure or delay in performance under this AGREEMENT caused by events beyond the impacted party’s reasonable control; including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, terrorist acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labor stoppages, or other industrial disturbances; and (h) epidemics or pandemics. The impacted Party shall promptly give notice of the force majeure event to the other Party and shall use diligent efforts to ensure the effects are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. 7 of 9 (SIGNATURE PAGE BELOW) 8 of 9  IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT as of the date first above written. The signatories attest that each holds the requisite authority to bind their respective parties. Town of Summerville, South Carolina BY: TITLE: Infrastructure Consulting & Engineering, LLC BY: TITLE: Future Exhibits: These are to be negotiated and mutually agreed upon, once the Town officially selects ICE for the project. Exhibit A: Scope of Services Exhibit B: Project Schedule Exhibit C: Fee Proposal 9 of 9