020413a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS
County Administration Building
102 East Front Street
Lillington, North Carolina
Regular Meeting
February 4, 2013 9:00 am
1 Call to order — Chairman Jim Burgin
2. Pledge of Allegiance and Invocation — Commissioner C. Gordon Springle
3. Consider additions and deletions to the published agenda
4. Consent Agenda
A. Minutes
B. Budget Amendments
C. Tax refunds, rebates and releases
D. Planning Services requests approval of Resolution to Seek the Amendment of NC
Session Law 2004 -75 Senate Bill 1161 Enacted July 8, 2004. The amendment
deletes the requirement for a "certified mail" notification and includes additional
requirements for base commanders or designees to be notified of proposed
subdivisions, telecom towers and windmills or any other activity requiring a
conditional or special use permit within the five mile area.
E. Proclamation declaring February 8, 2013, as "Herb Thomas Day"
F. County Engineer requests adoption ofproject ordinance in the amount of
1,750,000 for the Dunn Erwin Landfill Corrective Action Plan.
G. County Engineer requests approval ofprofessional services agreement
amendment with C.T. Clayton, Sr, P.E., Inc. These services include
construction, administration and engineering services for the Dunn Erwin
Corrective Action Projects.
H. Cooperative Extension requests peiniission to apply for the Family Support
Program Services funding through the North Carolina Department of Health and
Human Services' Division of Social Services to expand the outreach of the
Parents as Teachers program as well as conduct a series of Incredible Years
program.
5. Period of up to 30 minutes for informal comments allowing 3 minutes for each
Presentation
6. Appointments
7. Harnett County Employee Clinic Discussion, Sheila Simmons, First Choice Chief
Executive Officer
Page 1
S. Administration requests approval to pay an invoice to Ed Aguirre & Associates, Inc. for
water analysis for the Town of Erwin water lines.
9. County Manager's report — Joseph Jeffries, Interim County Manager
10. New Business
11. Closed Session
12. Adjourn
Page 2
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
January 22, 2013
The HarnettCounty Board of Commissioners met in regular session on Tuesday, January 22,
2013, in the Commissioners Meeting Room, County Administration Building, 102 East Front
Street, Lillington, North Carolina.
Members present:
Staff present:
Jim Burgin, Chairman
Gary House, Vice Chairman
Beatrice B. Hill, Commissioner
Joe Miller, Commissioner
C. Gordon Springle, Commissioner
Joseph Jeffries, InterimCounty Manager
Dwight Snow, County Attorney
Sylvia Blinson, Finance Officer
MargaretRegina Wheeler, Clerk to the Board
Chairman Burgin called the meeting to order at 7:00 pm. Boy Scout Logan Stewart,
accompanied by Dr. Jim Martin andSusan Rhodes of the Cape Fear District Boy Scouts, ledthe
pledge of allegiance. Commissioner Joe Miller led the invocation.
Chairman Burgin called for additions and deletions to the published agenda. Mr. Jeffries
requested the addition of #225 Budget Amendment for Governing Body and Administration
Departments in the amount of $3,337. Mr. Jeffries also requestedthe consideration of a revision
to Parks and Recreation's request for permission to offer to the purchaseland on the Little River
fromthe Lillington AmericanLegion Post 28. Commissioner Miller movedto approve the
agenda as amended. Commissioner Springle seconded the motion which passed unanimously.
Commissioner Miller asked to remove from the consent agenda for discussion purpose Parks and
Recreation's request for permission to offer the Lillington AmericanLegion Post 28 $5000 for
the purchase of their land on the Little River located at the end of American Region Road off of
NC Hwy 210 and to namethe park in honor of the American Legion Post 28.
Commissioner Hill asked to remove from the consent agenda for discussion purposes the
County's contribution of an additional $500 in to each employee HSA/HRA account.
Vice Chairman House asked to remove from the consent agenda for discussion purposes the
adoption of Framework for Best Management Practices for Capital Projects for change orders.
Chaiiiiian Burgin, under public disclosed, in referenceto the Library's request to apply for a
LSTA grant for the 2013 -2014 year grant cycle for funding to hire Dr. Robert Burgin asa
consultant to develop a strategic program and long range plan, that he does not knowhim, has
never met him and to his knowledge is not related to Dr. Burgin.
January 22, 2013 Regular MeetingMinutes
Harnett County Board of Commissioners
Page 1 of 14
Vice Chairman House moved to approve the consent agenda as amended. Commissioner Miller
seconded the motion which passed unanimously.
1. Minutes: Correction to Minutes of the December 17, 2012, Regular Meeting
2. Budget Amendments:
202 Teen Court at Risk Youth
Code 110 -5899- 420.35 -59 Teen Court (JPC) 1,575 increase
110 -5899- 420.35 -25 Court Psychology 1,733 decrease
110- 0000 - 399.00 -00 Fund Balance Appropriated 158 decrease
110 -0000- 334.58 -05 Teen Court 1,575 decrease
110- 0000 - 331.41 -02 Court Psychology 1,575 increase
203 Teen Court at Risk Youth
Code 110 -5899- 420.35 -59 Teen Court (JPC)
110 -0000- 334.58 -05 Teen Court
206 Sheriffs Office
Code 110 -5100- 420.43 -21
110- 0000 - 356.30 -00
208 Public Utilities PU0704
Code 568 -9100- 431.46 -04
568 -9100- 431.45 -20
Maintenance & Repair Auto
Insurance Claims
Ft. Bragg W &WW
Sullivan Eastern Inc
Legal & Admin
209 Library
Code 110- 8100- 450.60 -33 Materials & Supplies
110- 0000 - 331.81 -01 NC State Aid /Library
210 Transportation
Code 110- 0000 - 334.55 -01
110- 0000- 399.00 -00
213 Health/Aging
Code 110- 7500- 441.60 -49
110 -0000- 331.77 -03
NCDOT Adm
Fund Balance Appropriated
Materials & Supplies Clients
Block Grant
215 Planning Services
Code 110 -7200- 465.33 -45 Contracted Services
110 -0000- 322.72 -01 Cell Tower Fees
40,000 decrease
40,000 decrease
2,652 increase
2,652 increase
3,223 increase
3,223 decrease
1,245 decrease
1,245 decrease
164,021 increase
164,021 decrease
1,988 increase
1,988 increase
21,000 increase
21,000 increase
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 14
217 Economic & Physical Development - Adult Program
Code 234 -7411- 465.11 -00 Salaries & Wages 3,700 decrease
234 - 7411 - 465.12 -00 Salaries & Wages Part-time 3,500 increase
234 -7411- 465.22 -00 FICA 200 increase
234 -7410- 465.41 -11 Telecommunications & Postage 2,000 decrease
234 -7410- 465.41 -13 Utilities 1,000 decrease
234 - 7410 - 465.58 -14 Travel Administration 1,200 decrease
234 - 7410 - 465.12 -00 Salaries & Wages Part-time 3,500 increase
234 -7410- 465.26 -08 Worker Compensation 350 increase
234 -7410- 465.22 -00 FICA 350 increase
223 Public Utilities PU1002 SCWW 1B -2
Code 574- 9100 - 431.45 -54 WWTP Capacity Purchase
574 -9100- 431.45 -01 Construction
608,542 decrease
608,542 increase
225 Governing Body & Administration
Code 110- 4100- 410.60 -33 Governing Body — Materials & Supplies 2,560 increase
110- 4150- 410.60 -33 Administration — Materials & Supplies 512 increase
110- 4100 - 410.44 -21 Governing Body — Lease Expense 265 increase
110- 8800 - 490.32 -16 Contingency 3,337 decrease
3. Tax refunds, rebates and releases (Attachment 1)
4. Resolution to add roads to state system (Attachment 2)
5. Sheriff Rollins requested to award a service side aiun, a Glock Model 22 handgun, to
Deputy William L. Bell for one dollar ($1.00) upon his retirement from the Sheriff's
Office. (Attachment 3)
6. Emergency Services requested, on behalf ofFlat Branch Fire Department, authorization to
purchase a 2013 1500 gpm Pierce Pumper /Tanker. The current pumper /tanker is 22 years
old and is beginning to prove to be unreliable. The new pump /tanker will be an enclosed
cab and will carry a six man crew. The pumper /tanker will be financed through First Bank
for Flat Branch Fire Department in the amount of $442,443
7. Library requested permission to apply for a LSTA grant for the 2013 -2014 year grant
cycle for funding to hire a consultant to develop a strategic program and long range plan.
Library staff working with the consultant will be in -kind services and no matching funds
are required.
8. Human Resources, on behalf of Public Buildings, requests approval to reclassify a
custodial position, vacated due to an employees retirement, to Facilities Maintenance
Technician to meet current demands for building maintenance. The reclassified position
will be a pay grade 63 with a salary range of $30,789 to $36,946.
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 14
9. The Trustees of Harnett Health System, Inc. request approval of Trustee nominees Earnest
Alphin of District 2, Jimmy McCoiinick of District 5 and Barbara McKoy of District 1.
Mrs. McKoy will complete the teini of Mr. Donnie Olds.
Chaiiinan Burgin opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
Charlene Jones, 23 70 Old Buies Creek Road in Angier, said if the Board considered
doing away with the lawsuit that Gary House should not be able to vote because he is
a defendant in that lawsuit. She said she believes the lawsuit needs to move forward
and stated that taxpayers are not paying for the lawsuit however Harnett County
Public Utilities is paying for it out of the money that comes from selling water sewer
to our citizens along with many other counties.
Wanda K. McLamb of Hodges Chapel Road in Benson said she would like to see the
lawsuit against Gary House dropped and if voted on he should be allowed to vote.
She said taxpayers don't need to pay for an outside attorney when they have an
attorney on payroll.
Allan Button, 61 Karen Court in Angier, thanked the commissioners for their
willingness to serving Harnett County and said he supports their proactive approach
moving forward in 2013 and looking beyond as it takes a proactive Board of
Commissioners with a clear sense of direction to encourage the positive and resist the
negative. He commended their initiative to address the matter of commercial shooting
ranges and urged the Board, as they deal with issues of growth, not to let Harnett
County become an extension of Fayetteville sprawl or Wake County subdivision. He
said land use results such as noise, light; odors, traffic and trash need to be accounted
for when proposals are made. Mr. Button also encouraged them to pursue public
private partnerships regarding finances.
Joe Langley, 298 Kirk Adams Road in Angier, expressed concern about information
not being released to the public in regards to the on -going investigation of Public
Utilities. Mr. Langley distributed copies of a USDA letter dated December 27, 2012,
to Chairman Burgin regarding the South Central Water and Sewer District
Wastewater Project — Capacity Fees, and then read the letter out loud. It was the
consensus of the Board to allow Mr. Langley to continue to comment after the 3
minute time limit expired. Mr. Langley said all allegations made have been
investigated by the appropriate government agencies and to date have found no wrong
doing on the part of Public Utilities. Mr. Langley proposed the following saying this
would bring clarity and resolution to this issue allowing total transparency:
1) Requests that Harnett County Legal Services prepare a written timeline of
factual events starting with the initial allegations of wrong- doing,
2) Requests that Harnett County Public Utilities provide to the public a review
and an accounting of all monies that have been paid to date to defend
themselves against the allegations that were brought against them and all
monies that have been spent on lawsuits that have been brought against other
parties in this matter
3) Would like if possible some sort of time accounting for the amount of hours
that have been spent
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 14
4) Requests that the County inform the public by publishing responses to his
requests in local newspapers or mail the responses to all citizens in their water
bills.
Pat Cameron of Erwin, a former county employee and department head, said
employees that have talked to him want to see the lawsuit end. Mr. Cameron listed
many comments and questions regarding the lawsuit and actions associated with it
and asking commissioners to please put an end to it and move forward.
Patrick Flowers, 1133 Shady Grove Road, addressed commissioners regarding
shooting ranges and the need for regulation. Mr. Flowers responded that he has not
been given a key to the gate of the Mitchell's Property. Chairman Burgin said he had
instructed Public Utilities to give Mr. Flowers a key so that he could maintain the fire
breaks.
Daniel Glover, 2338 Old Stage Road, commended the Board for bringing
transparency and said the lawsuit has been drawn out way too long. Mr. Glover
spoke against Commissioner House voting on the lawsuit saying "You can't be your
own judge and jury and defendant and this is not only a conflict of interest but
corruption"
Tom Stewart of Erwin said he understands that the county has already spent $139,000
on the lawsuit and if it goes through all of the court processes it could cost up to half
a million dollars and he asked what are the taxpayers going to get out of all the
expenditures of this kind ofmoney?
Commissioner Hill said a lot of people really don't know the truth behind the lawsuit and asked
if stealing is a crime? Commissioner Hill said the money for this case is coming from Public
Utilities, she said it comes from water bills not out of tax- payer's pockets, and she wants to see it
over too but want to see the truth come out of it.
Chairman Burgin said he would like for the Board to look at term limits for all of their Boards
and Committees to get more people involved. He noted that the Board of Equalization and
Review member's yearly teinis are up for reappointment with some members having served over
12 years /terms.
Commissioner Springle moved to approve the appointments listed below. Commissioner Hill
seconded the motion which passed unanimously.
AIRPORT COMMITTEE
Rhett Raynor and Joseph Tart (nominated by Vice Chairman House) were reappointed to
serve on this committee for terms of four years expiring December 31, 2016.
HISTORIC PROPERTIES COMMISSION
Melanie Collins (nominated by Vice Chairman House) was appointed as an alternate on
this commission for a term of 3 years ending January 31, 2016.
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 14
Parks and Recreation requests permission to offer the Lillington American Legion Post 28 $5000
for the purchase of their land on the Little River located at the end of American Region Road off
of NC Hwy 210. The County will also name the park in honor of the American Legion Post 28.
Parks and Recreation proposes to use the property for a public access to launch canoes and
kayaks and once developed, having a picnic shelter and restroom facility at the park.
Commissioner Miller said he does not have a problem with the American Legion Property Land
Acquisition ifthe citizens can use it but wonders where the money will come to cover the project
costs over and above the recreation fees available for the Town of Lillington. Mr. Jeffries, on
behalf ofParks and Recreation Director Carl Davis, explained that plans are to develop the park
as monies become available or when grants may be obtained with the final plan to encompass a
picnic shelter, small restroom facility and parking lot. In -kind services may be used as match for
some grants. A canoe/kayak access area is already on the property. Mr. Davis is exploring
having a fire training exercise to demolish an existing abandoned structure on the property.
Other initial steps to getting the park open would be spreading ABC gravel to form a parking lot
which may be funded in the current Parks and Recreation budget. Commissioner Miller moved
to approve the request as presented. Vice Chairman House seconded the motion which passed
unanimously.
Commissioners discussed the County's contribution of an additional $500 in to each employee
HSA /HRA account which will cost around $300,000. Mrs. Blinson reported these funds would
come from fund balance and gave a brief overview of fund balance. Mrs. Blinson will confirm
the amount of money gotten back from the HRA contributions that the county had set -aside last
year which Chairman Burgin believes is around $300,000.
Commissioner Hill asked to table the issue. Vice Chairman House said he believes we need to
provide employees some relief. The employee's insurance plan and deductibles run on the fiscal
year. Commissioner Miller was told commissioners could look at a new health insurance
program for employees on July 1St. Mr. Jeffries noted that BC /BS representatives were coming
to the upcoming retreat to discuss options with commissioners. Vice Chairman House moved to
approve the County's contribution of an additional $500 in to each employee HSA /HRA
account. Commissioner Springle seconded the motion. Commissioner Miller confirmed that this
allotment of approximately $300,000 would not put the County below state requirement for fund
balance which is 8% with the County's current fund balance around 15 %. The motion passed 4
to one with Commissioner Hill opposing.
Commissioners discussed the proposed Framework for Best Management Practices for Capital
Projects for change orders. Vice Chairman House said he has lost trust and confidence in some
of the employees who are making these change orders and he fears the way the framework is
written would allow issues to continue. Vice Chairman House proposed that the change orders be
reviewed and approved by the County Manager and the County Engineer who would also
decided if it needed to come before the Board. Vice Chairman House said he has all of the trust
and confidence in the world in Amanda Bader who drafted the proposed framework.
Commissioner Springle moved to include "and county engineer" within #3 of the proposed
framework. Vice Chairman Burgin seconded the motion which failed 3 to 2 with
Commissioners Hill, House and Miller opposing.
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 14
Commissioner Springle moved to approve the Framework for Best Management Practices for
Capital Projects for change orders as written. Commissioner Miller seconded the motion which
passed 4 to 1.
Mark Locklear petitioned the Board for a public hearing on Proposed Zoning Change:
Landowner /Applicant: C.L. Byrd, From RA -20M to Commercial Zoning; 3.52 acres (2 tracts);
Corner of US 421 & Prospect Church Road; Grove Township. Mr. Locklear reported the
Planning Department staff recommends approval of the request based on impact, compatibility
and enhancement of public health, safety and general welfare. The Planning Board considered
the proposed zoning change at their January 7, 2013, meeting. The site is contiguous to exiting
commercial zoning and findings were found favorable. Both tracts of land are currently vacant
and surrounding land uses consist of Moore's Storage Building, McLeod Furniture, a church,
single family dwellings and vacant land. The Planning Board unanimously recommends
approval of this request.
Mr. Locklear reported staff evaluation as:
The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community. REASONING: The requested zoning to commercial would
not have an unreasonable impact on the community, due to already existing
commercial and industrial zoning in the area.
The requested zoning district is NOT COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning is not compatible with the
existing Land Use Classification of Low Density Residential. The classification is to
promote single family homes, manufactured homes or larger size lots. However, the
requested zoning to commercial would be appropriate due to the surrounding land
uses and staff recommends amending the land use plan.
The proposal does ENHANCE or maintain the public health, safety and general
welfare. REASONING: The requested zoning to commercial would maintain the
public health and general welfare due to other commercial uses in the area.
This request does not need to be evaluated for SMALL SCALE REZONING. The
property is adjacent to commercially zoned property and therefore would not need to
be evaluated as a small scale rezoning.
Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to Commercial
is compatible with Harnett County regulatory documents and would not have an unreasonable
impact on the surrounding community and will enhance the public health, safety, and general
welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be
approved.
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 14
Commissioner Springle moved to called to order a public hearing on the matter and open the
floor for public comment. Vice- Chaiiinan House seconded the motion which passed
unanimously.
Gene McLeod, who owns McLeod Furniture Store and the property that adjourns the
proposed property, spoke in support of the property being rezoned commercial. Mr.
McLeod said he understands the property will be used to build a convenient store
which everybody around there would like to have such a facility nearby.
Seeing no one else move, Commissioner Hill moved to close the public hearing. Commissioner
Springle seconded the motion which passed unanimously. Vice Chairman House moved to
approve the rezoning as presented. Commissioner Miller seconded the motion which passed
unanimously.
Tom Frye, Superintendent, thanked commissioners for their approval of the Highland Middle
School project. He noted the ground- breaking ceremony for this project is schedule at 11:00 am
on Friday, February 1, 2013.
Mr. Frye discussed the remaining $2 Million of Qualified School Construction Bond (QSCB)
allotment funds. Mr. Frye explained that approximately $29 million of the QSCB funding was
needed for the Highland Middle School project which leaves $2,224,559 still available. Mr. Frye
said his office has received communication from the NC Department of Public Instruction
DPI) wanting to know if the commissioners were planning to sale any additional bonds against
what they have been given authority. Mr. Frye is seeking guidance noting that the money was
suppose to expire December 31st but the implication received in his office was that
commissioners may still have the opportunity to sale the additional bonds. Yearly payments on
the additional funds were estimated at $104,000 with nearly zero percent interest.
Chairman Burgin ask if the Board of Education had money in their fund balance to make the
payment on this for two years until the County can get caught up on some things. Mr. Frye said
he could not obligate funds on behalf of his Board. Mr. Frye said he needed to give DPI a
response the following day. Mrs. Blinson said we are required to budget the full amount of
interest and make payments into an escrow account for these funds. Commissioners would need
to work with their bond counsel to sale the bonds and the money must be used for construction or
capital improvements to existing structures. Mr. Frye said he could use this money immediately
on many projects within the schools. Commissioner Miller moved to let the schools have the
remainder of the QSCB funding. Commissioner Springle seconded the motion which passed
unanimously.
Vice Chaiinian House asked Mr. Frye if all students have textbooks. Mr. Frye explained the new
curriculum doesn't rely on a textbook which are not simply a resource that teachers have that can
be check out if needed.
Barry Blevins, Airport Administrator, presented the Harnett Regional Jetport Transportation
Improvement Plan (TIP) 2014 — 2018 Project Listing. Mr. Blevins noted the project listing
prioritizes aviation needs and potential funding for upcoming projects. He reported the total for
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8 of 14
all improvements if approved by Division of Aviation (DOA) and funds matched by the County
of Harnett equals $18,217,200 and projected funding /projects, if available, would be spread out
from FY2014 to FY2018. Mr. Blevins also noted on January 7, 2012, the Airport Committee
approved and recommended the TIP as listed. Mr. Blevins also said this list gives DOA a
potential list of projects to look for grants and confirmed all projects are funded by grant money.
Commissioner Miller moved to approve the Harnett Regional Jetport Transportation
Improvement Plan as presented. Commissioner Springle seconded the motion which passed
unanimously.
Steve Ward, Director of Public Utilities, requested approval of an increasing change order in the
amount of $608,541.32 for Key Construction, Inc. This contract is associated with the South
Central Wastewater Phase 1B2 project. The change order modifies negotiated quantities to
match the current field conditions of the project. Mr. Ward said this was 1 of 4 projects in the
area and noted commissioners had been briefed by staff attorney regarding the change order. He
said approval of this change order would get the ball rolling with a $200,000 savings projected in
the end. He also reported a projected savings of $480,000 with all four projects combined. Mr.
Ward responded that he was satisfied and Temple can go to work on January 25th with Key out
there now working on defective work. He said they have an extended warranty on that project.
Vice Chairman House asked staff to make sure to follow up to get funds back if owed due to any
defective plans. Mr. Ward said adequate depths may not have been picked up by the engineer
when Public Utilities cut out a lot of quantities. Vice Chairman House moved to approve the
change order as presented. Commissioner Miller seconded the motion which passed
unanimously
Mr. Jeffries presented for consideration a Resolution Precluding Firing Ranges or Pistol Pits as
Agritourism Activities in Harnett County. Commissioners had previously discussed the
resolution which had been revised. Commissioner Springle moved to approve the resolution as
written. Vice Chairman House seconded the motion. Commissioner Miller said he wants the
Board to be real careful but he agrees there should be some kind of regulations of hours. It was
clarified that adoption of this resolution would have no impact on existing facilities and anyone
wishing to open a shooting range could apply for a conditional use permit. The motion passed 4
to 1 with Commissioner Hill opposing. (Attachment 4)
Mr. Snow presented for consideration an Ordinance Establishing a Whistleblower Policy.
Commissioners discussed this policy in detail during a previous work session and revisions were
made. Mr. Snow, in discussions with Pitt County Attorney Janice Galliger, noted the policy is
very much like what Pitt County has which has basically been very successful with the exception
of needing to revised their internet portal to modified the internet site to properly direct people.
He noted that Pitt County basically averages about 6 whistle blower claims a quarter which is
manageable.
Mr. Snow said he understands people can remain anonymous but we encourage people to
identify who they are as it will helps with the investigation. Commissioner Miller worries the
county legal staff will be inundated with claims. He also questioned what the county could do
against persons who make fraudulent accusation in addition to them losing their jobs. Mr. Snow
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 9of14
said you always have that possibility but he doesn't believe this has been an issue for Pitt
County. The policy also offers employees various options of who they can make reports to.
Lastly, Mr. Snow pointed out that the policy ensures that Harnett County will not retaliate
against a whistleblower. Vice Chaiiuian House moved to approve the Ordinance Establishing a
Whistleblower Policy. Commissioner Springle seconded the motion which passed unanimously.
Chairman Burgin infoiuied the audience that board packages are now posted on -line for public
access.
Mr. Jeffries presented the following report:
Accounts Receivable Tax Report
December 2012 Planning Services Report
Mr. Jeffries also reminded the group of the upcoming dinner and meeting of the Local
Government Association at Ron's Barn at 6:30 pm on Monday, January 28, 2013. Chairman
Burgin invited commissioners to participate in a discussion panel at 9:00 pm on Monday,
January 29, 2013, at Campbell University to inform students of the goings on in their local
politics.
Chairman Burgin called for any new business. Commissioner Springle asked about the status of
bank fees. Mrs. Blinson responded that the Finance Office was beginning the process to look at
bank fees but typically those changes are made after the budget is in place.
Vice Chairman House requested to discuss Country Walk at an upcoming work session.
Chairman Burgin requested that an upcoming work session be rescheduled to 7 :00 pm to allow
the Chambers and the public an opportunity to address the Board.
Commissioner Hill moved that the Board go in to closed session to consider and give
instructions to the County's legal counsel concerning the handling of certain legal claims
including but not limited to the following:
1) "South Central Water and Sewer District vs. Cassias" Harnett County File No. 12
CVS 170; and
2) 2) "County ofHarnett vs. Randy D. Rogers and Gary A. House" Harnett County File
No. 12 CVS 890; and
3) To discuss certain personnel matters (amendment to the original motion made
following closed session, seconded by Commissioner House and passed
unanimously)
This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(3)& (6).
Commissioner Springle seconded the motion which passed unanimously.
Vice Chaiiman House moved that the Board come out of closed session. Commissioner Hill
seconded the motion which passed unanimously.
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 10 ofl4
Chaiinuan Burgin moved to make the following closed session minutes and notes public:
January 22, 2013, Memorandum to Interim County Manager Joseph Jeffries
from Senior County Staff Attorney Jennifer Slusser regarding County vs.
Rogers, Et. al. litigation
Public Utilities' Budget Ordinance Amendment 180(i) in the amount of
95,000 to fund on -going legal and other expected professional service costs
March 21, 2012, Memorandum to County Manager Scott Sauer from Senior
County Staff Attorney Jennifer Slusser regarding Report on Investigation of
the Harnett County Public Utilities Date May 2011
March 6, 2012, Closed Session Minutes
January 31, 2012, Closed Session Minutes with Exhibit A and 13
Commissioner Springle seconded the motion which passed unanimously.
Chairman Burgin moved to discuss publicly the instructions given to county attorney in closed
session. The motion was seconded by Commissioner Springle and passed unanimously.
Chairman Burgin said there are two big banker boxes of all of the attorney notes from all of this
investigation including testimony from people, interviews and other information that he believes
should be made public. County and staff attorneys have been directed to review the infoimation
to make sure we are not violating any personnel issues or anything else prior to the information
being made public.
Chairman Burgin said a ton of information is being put on the website so the public can have
access to information and asked the public to let them know if there are things they can't find or
see so that they can try to get that information open too.
Chairman Burgin then read into record the following excerpts of the closed session minutes and
notes previously made public:
March 6, 2012 Closed Session Minutes - A motion was made by Commissioner
McNeill and a second by Commissioner Andrews that the County staff pursue civil
claims against Randy Rogers and other parties in the areas of (a) the recovery of non-
public record County Public Utility design documents and (b) the recovery of all
damages which are the result of improper actions taken by Randy Rogers while
employed by the Harnett County Public Utilities Department, and other parties, and
further that outside counsel be retained to pursue these claims if necessary.
Prior to the vote on this motion, Commissioner Burgin made a motion to amend
through the modification of the primary motion to add that a demand letter for the
recovery of the non - public record Public Utilities Department design documents be
made to Mr. Rogers and that the matter come back to the Board of Commissioners
prior to the filing of any civil litigation. This motion to amend was seconded by
Commissioner House.
Chairman McNeill called for a vote on the amendment to the motion made by
Commissioner Burgin and it failed by a vote of three (McNeill, Andrews and Hill) to
two (Burgin and House).
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 11 of 14
At this point Chairman McNeill then called for a vote on the primary motion and it
passed by a vote of three (McNeill, Andrews and Hill) to two (Burgin and House).
March 21. 2012, memorandum to County Manager Scott Sauer from Senior County
Staff Attorney Jennifer Slusser regarding Report on Investigation of the Harnett
County Public Utilities Date May 2011 — By way of update from the Board of
Commissioners' Closed Session of March 20, 2012, please be advised that Mr. David
Senter of Nexsen Pruet LLP has agreed to accept representation of Harnett County
with regards to the recommendation to "vigorously pursue civil claims against Randy
Rogers...that arise as a result of improper actions taken by him while employed by
the HCDPU" and "consider if any other civil actions should be instituted against any
other individuals" included on page 98 of the Report on Investigation of the Harnett
County Department of Public Utilities Dated May 2011 by Poyner Spruill, 1LP. As
we discussed, Mr. Senter will be sending demand letters to Randy Rogers and others
seeking, among other things, the return of documents and other tangible items which
may have been improperly taken from Harnett County. These demand letters should
be sent this week. I will continue to keep you apprise as things develop in this matter.
January 31, 2012, Closed Session Minutes. including Exhibit A= Memorandum from
County Manager Scott Sauer to the Board of Commissioners. and Exhibit B —
Memorandum from County and Staff Attorneys requiring signatures authorizing the
release of "the information" — Attorney Snow further reported that he had met with
District Attorney Vernon Stewart who advised that he had received a letter from the
North Carolina Attorney General's Staff at the N.C. Department of Justice regarding
its review of the Harnett County Public Utilities investigation. In that letter, Special
Deputy Attorney General Steven M. Arbogast reported that his office was requested
by the County to review the Poyner Spruill public utilities investigation report for
possible criminal charges and prosecutions. Mr. Arbogast state that he had carefully
reviewed the Poyner Spruill report and that he, Special Deputy Attorney General
James J. Coman and agents from the North Carolina State Bureau of Investigation
SBI) had met with Attorneys Cecil Harrison and David Woodard from the Poyner
Spruill law firm concerning their investigation report and findings. The Harnett
County Board of Commissioners had previously given permission to Attorneys
Harrison and Woodard to engage in a candid conversation of their investigation with
these individuals. Agent Arbogast further stated that Attorneys Harrison and
Woodard subsequently provided his office with copies of the audio recordings which
were the basis of the Poyner Spruill report. These recordings were provided to the
SBI who reviewed the same for any possible criminal conduct.
As a result of this investigative work, it was the opinion and conclusion of Mr.
Arbogast that the Poyner and Spruill investigation report does not support any viable
criminal prosecutions. His letter went on to state "although the report contains
suspicions and allegations of misconduct on the part of current and foinier
supervisors and employees of the Harnett County Department of Public Utilities, it is
almost exclusively based upon innuendo, opinion, speculation and hearsay on the part
of other current and foimer employees of the Harnett County Department of Public
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 12 of 14
Utilities. There is virtually no hard physical evidence upon which to bring valid
criminal charges against any individual within the Department of Public Utilities, let
alone evidence which would predicate any successful prosecution." Mr. Arbogast
went on to state that as far as the North Carolina Attorney General's Office is
concerned that the Poyner Spruill report does not provide the basis for justification
for any successful prosecution of a criminal offense by any current or former
employee of the Harnett County Department of Public Utilities.
Attorney Snow stated that it was District Attorney Stewart's intent to advise report
Brian Haney of The Daily Record newspaper with the contents of this letter on
Wednesday, February 1, 2012.
January 22, 2013, Memorandum to Interim County Manager Joseph Jeffries from
Senior County Staff Attorney Jennifer Slusser regarding County vs. Rogers. Et. al.
litigation — THIS MEMORANDUM IS PROTECTED BY THE ATTORNEY
CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES - You asked me who
made the determination regarding the filing of the above - referenced lawsuit against
Randy Rogers and Gary House. As I previously advised, the client (in this case,
Harnett County) always makes these decisions. Nexsen Pruet, PLLC was retained to
review the facts and circumstances relating to this matter and made recommendations
as to proper parties and causes of action. That information was shared with the client,
Harnett County, through its representative, County Manager Scott Sauer. Mr. Sauer
accepted the recommendations of Nexsen Pruet and authorized that Nexsen Pruet
move forward with the demand letters and subsequent litigation. I confirmed this
directive with Mr. Sauer on at least three occasions and he advised that these actions
were taken pursuant to the Board's directive, reflected in closed session minutes and
that he shared information relating to this matter in memoranda to the Board of
Commissioners.
Budget Ordinance Amendment that was approved to go back and move $95,000 from
Bulk Water and Utilities to Professional Services
January 31, 2012, Closed Session Minutes, including Exhibit A - Memorandum from
County Manager Scott Sauer to the Board ofCommissioners. and Exhibit B —
Memorandum from County and Staff Attorneys requiring signatures authorizing the
release of "the information" — At this point the recommendation sheet from County
Manager Scott Sauer attached to these minutes as Exhibit A which includes the G.S. §
153A- 98(c)(7) statutory exception language was reviewed by those Commissioners in
favor of the motion. A written version of the primary motion which is attached hereto
as Exhibit B was reviewed by those Commissioners in favor of the motion and
executed by them.
Chairman Burgin said in the original discussions there was never any mention of any litigation
against Commissioner House or anyone else; Scott Sauer directed Nexsen Pruett to do that.
Chairman Burgin said until he asked if there was an engagement letter with Nexsen Pruett he had
never seen the memo. Chairman Burgin said Attorney Snow had never seen the memo nor had
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 13 of 14
the Clerk ever circulated a copy of the memo to the commissioners. Chairman Burgin said there
were documents floating around with people making decisions that never came before the Board.
He said we have spent a total of $219,000 of which we've budget $95,000 to spend so we are
spending money without getting approval of the Board and taking out lawsuits without the
approval of the Board.
Regarding the USDA letter to Chairman Burgin dated December 27, 2012; which has not been
officially received as of yet; Chaiiman Burgin said it was amazing to him that the first time he
saw the letter was via e -mail from the Mr. Jeffries on Friday, January 18, 2012, but the letter had
already been circulated among others. Other commissioners expressed concern that they didn't
receive the letter until today. Mr. Jeffries said he shared the letter with commissioners as soon as
he could. Chairman Burgin reiterated that he has instructed staff to share anything sent to him
with everybody.
Chairman Burgin's opinion that the motion to file the lawsuit against Gary House was made by
the prior Chairman and the prior County Manager therefore Chairman Burgin instructed Mr.
Jeffries to instruct the attorneys to drop the lawsuit against Gary House and also instructed him
to stop payment for any law bills associated with this and to notify everyone that this Board has
not approved paying money for this. Chaiiman Burgin said if somebody wants to bring a motion
to do a lawsuit, to pay legal bills, they are welcome to do it. Chairman Burgin said based on if
they had the authority to do it, then we've got the authority to undo it.
Chairman Burgin said he thinks there is a sacred trust between people that are elected and
taxpayer money and he doesn't think the average citizen would be in favor of us wasting money,
especially $219,000 that has basically done nothing but alienated people and destroyed trust.
Commissioner Hill said people aren't concerned about the money, they are concerned about
what's right, they are concerned about the truth! Chairman Burgin said stealing is criminal but
when the Attorney General ofthe State of North Carolina investigates something and said that
there is no criminal charges then to him they know a whole lot more about it than what we do.
Commissioner Hill moved to adjourn the meeting at 9:33 pm. Vice Chairman House seconded
the motion which passed unanimously.
Jim Burgin, Chaiiiiian Margaret Regina Wheeler, Clerk
January 22, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 14of14
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013:
Section 1. To amend the Parks & Recreation, the appropriations are to be changed as follows:
EXPENDITURE
CODE NUMBER
110 -8200- 450.74 -71
DESCRIPTION OF CODE
Capital Outlay — Land
AMOUNT
INCREASE
5,000
REVENUE
CODE NUMBER
110 -0000- 399.00 -00
AMOUNT
DECREASE
AMOUNT AMOUNT
DESCRIPTION OF CODE
Fund Balance Appropriated
INCREASE DECREASE
5,000
EXPLANATION: To increase Fund Balance Appropriated to budget funds to purchase and from the Lillington
American Legion Post 28 located at the end of American Legion Road off NC Hwy 210. This land will be used for a
public access to launch canoes and kayaks and once developed, a picnic shelter and restroom facility.
APPROVALS:
Department Head (date) Fance Officer (date) CgiunManag ate}
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board Harnett County Board of Commissioners
day of
Jim Burgin, Chairman
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013:
Section 1. To amend the Governing Body, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER 1 DESCRIPTION OF CODE INCREASE DECREASE
110 - 4100 - 410.60 -33 Governing Body — Materials and Supplies $3,073
110-8800-410.32-16 Contingency 3,073
REVENUE
CODE NUMBER DESCRIPTION OF CODE
N/A
AMOUNT
DECREASE
EXPLANATION: To increase Governing Body materials and supplies line item to purchase 6 Samsung tables.
The tablets will be given to. the Board of Education for use by the School Board Members and the
Superintendent this will provide better communications between the Boards.
APPROVALS:
Department Head (date) rinance Officer (date) ,...j .J
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler Jim Burgin, Chairman
Clerk to the Board Harnett County Board of Commissioners
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013:
follows:
Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as
EXPENDITURE
CODE NUMBER
110 - 7300 - 465 -60 -39
DESCRIPTION OF CODE
Other Materials
AMOUNT AMOUNT
INCREASE DECREASE
1,840
REVENUE
CODE NUMBER DESCRIPTION OF CODE
110 - 0000 - 331 -73 -05 Better Kid Care Training
AMOUNT AMOUNT
INCREASE DECREASE
1,840
EXPLANATION: APPROVALS: To •,;.get additjonal funds received from Better Kid Care Tra'ning.
Department Head (date'/ , 'Finale Officer (date Cou
7^.34 - 3
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
232b
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance for the fiscal year ending June 30, 2013;
Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows:
EXPENDITURE
CODE NUMBER
REVENUE
CODE NUMBER
110 - 0000 - 353.75 -01
1110- 0000 - 353.15 -00
DESCRIPTION OF CODE
AMOUNT
INCREASE
AMOUNT
DECREASE
AMOUNT AMOUNT
DESCRIPTION OF CODE IN_CREASE DECREASE
Family Caregiver Donations 200
RSVP Donations 200
EXPLANATION: Budget Amendment to correct BA#182B moving funds from FCG Program to RSVP Program.
APPROVALS:
Department Head (date) Fin ' ce Officer (Date)/ 73 Cout, ty
31-13
Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and
the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler,
Clerk to the Board
day of ,2012
Jim Burgin, Chairman
Harnett County Board of Commissioners
23517b
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance for the fiscal year ending June 30, 2013;
Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows:
EXPENDITURE
CODE NUMBER
110- 7600 - 441.60 -45
REVENUE
CODE NUMBER
110-0000-331.76-19
EXPLANATION:
APPROVALS:
DESCRIPTION OF CODE
Drugs
DESCRIPTION OF CODE
TANF -Birth Prevention (State)
Dertment Head ( e) p
tern cL GwT j vt
Fin,ce Officer (Date)!_ 3o
AMOUNT AMOUNT
INCREASE DECREASE
2,128.00
AMOUNT AMOUNT
INCREASE DECREASE
2,128.00
1C .unty an (Date)
a-31 —, "
Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and
the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler,
Clerk to the Board Harnett County Board of Commissioners
day of ,2012
Jim Burgin, Chairman
231-1
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance for the fiscal year ending June 30, 2013;
Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows:
1 EXPENDITURE 1
CODE NUMBER 1 DESCRIPTION OF CODE
1110- 7600 - 441.32 -26 !Incentives
110 - 7600 - 441.54 -26 Advertising
110 -7600- 441.60 -47 Food & Provisions
AMOUNT AMOUNT
INl REASE DECREASE
271.00
21.00
200.00
REVENUE l AMOUNT AMOUNT
CODE NUMBER 1 DESCRIPTION OF CODE INCREASE DECREASE
110 -0000- 353.76 -05 ,Donations- Breast Cancer Awareness(Pink Ribbon) $ 50.00
1
EXPLANATION: To budget additional donations as well as realign funds previously budgeted for the Breast
Cancer Awareness program.
APPROVALS:
Department Head ( ".te) Fin ce Officer (Date) / 3 / Coy ity Ma g (Date)
1- ,31 -I3
Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and
the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler,
Clerk to the Board
day of ,2012
Jim Burgin, Chairman
Harnett County Board of Commissioners
2351,
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013:
Section 1. To amend the Emergency Services Department, the appropriations are to be changed as
follows:
EXPENDITURE
CODE NUMBER
263 5251 420 30.04
REVENUE
CODE NUMBER
263 0000 399 00.00
DESCRIPTION OF CODE
Professional Services
DESCRIPTION OF CODE
Fund Balance Appropriated
AMOUNT AMOUNT
INCREASE DECREASE
10,000
AMOUNT
INCREASE
10,000
AMOUNT
DECREASE
EXPLANATION: lincrease Fund Balance Appropriated to budget a portion of unspent prior year funds. These
funds were received from the Harris Nuclear Plant and will be used for expenses associated with emergency
planning.
APPROVALS:
l/ A3 , 1_1
Depa -nt Head (date) ance Officer (date) 3z, -;3
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
23(,
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance for the fiscal year ending June 30 2013:
Section 1. To amend the Sheriff's Department, Life is Fragile Enough Grant, the appropriations are to be
changed as follows:
1 EXPENDITURE
CODE NUMBER
110-51M-420-60-33
110-5101-420-74-74
110-51$-420-73-01
REVENUE
CODE NUMBER _
1 10- 0000 - 331 - Si 30
DESCRIPTION OF CODE
Materials & Supplies
Capital Outlay
Equipment not Capitalized
AMOUNT
INCREASE
2,600
23,700
3,700
DESCRIPTION OF CODE
2012 Life is Fra•ile Enough CFDA #16.738
2012 -DJ -BX -0640
AMOUNT
INCREASE
30,000
AMOUNT
DECREASE
AMOUNT
DECREASE
EXPLANATION: To budget the 2012 North Carolina Governor's Crime Commission - Harnett -Life is Fragile Enough
Grant for the purchase of Law Enforcement Traffic Equipment. (No County match required)
APPROVALS:
Department Head (date) nce Officer (date)
1- 3v(:3
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
rs 3
y Ma(agedate)
Adopted
Margaret Regina. GRiel, Wileel+er
Clerk to the Board
1,),„ 6 fkri;ftrir11711715`7-totu—P4e414, Chairman
Harnett County Board of Comm
2 37
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013:
Section 1. To amend the General Fund, Social Services Department, the appropriations are to be
changed as follows:
EXPENDITURE
CODE NUMBER
110 - 7710 - 441.80 -90
DESCRIPTION OF CODE
Crisis intervention
AMOUNT
INCREASE
267,997
AMOUNT
DECREASE
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110 -0000- 330.77 -01 Social Services Administration 267,997
EXPLANATION:
To budget additional funding allocated by the State for the Crisis Intervention Program.
APPROVALS:
De artment Head (date) nance Officer (date) /...3e ou ty Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler,
Clerk to the Board
2
31 m 814 ;Kri 3:- °MeNe€4, Chairman
Hawhett County Board of Commissioners
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013:
follows:
Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as
EXPENDITURE
CODE NUMBER
110 -7300- 465 -32 -32
DESCRIPTION OF CODE
Community Rural Development
AMOUNT
INCREASE
1,000
AMOUNT
DECREASE
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110 - 0000 - 399 -00 -00 Fund Balance Appropriated 1,000
EXPLANATION: APPROVALS: To put revenue in Community Rural Development line for programs in 2013.
250 was deposited in 2011 in Family & Consumer Science Expenditure line for CRD program. $750 will be
taken from Community Rural Development line (deposited in 2012 fiscal year). All to be deposited this fiscal
year 2013 in Com +unit R • I Development ine for programs and activities.
l 1--31" 13
Dep..' m: S + •ate) Co119/3 Fin e Officer date) ty Mana.er (date)
2t -!3
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler
Clerk to the Board
8 I ; h T'
R ,
Chairman
Fi"arnett County Board of Commissioners
2
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013:
follows:
Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as
EXPENDITURE
CODE NUMBER DESCRIPTION OF CODE
110 -7323- 465 -11 -00 Salaries & Wages
110 -7323- 465 -21 -00 Group Insurance
110 -7323- 465 -21 -04 HAS
110 -7323- 465 -21 -05 Employee Clinic
110 - 7323 - 465 -22 -00 FICA
110 - 7323 - 465 -23 -00 Regular Retirement
110 - 7323 - 465 -26 -08 Workman's Compensation
AMOUNT AMOUNT
INCREASE DECREASE
7,614
990
100
34
520
507
28
REVENUE
CODE NUMBER DESCRIPTION OF CODE
110- 0000 - 334 -7323 CCR &R Smart Start Grant
AMOUNT AMOUNT
INCREASE DECREASE
9,793
EXPLANATION: APPROVALS: Budget is being decreased due to the Grantor reducing the amount of the grant.
ddteeart' ent Head ( ) F. nce Officer (date)
s -c
County Manager (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this
Margaret Regina Wheeler
Clerk to the Board
day of
Jim Burgin, Chairman
Harnett County Board of Commissioners
2401,
131 -13
Agenda Item `t -D
Board Meeting
Agenda Item
MEETING DATE: February 4, 2013
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Resolution - Proposed Amendment for Notifications to Military Bases
REQUESTED BY: Mark Locklear, Interim Planning Services Director
REQUEST:
Propose a Resolution to Seek the Amendment of North Carolina Session Law
2004-75 Senate Bill 1161 Enacted July 8, 2004.
Proposal deletes the requirement for a "certified mail" notification and includes additional
requirments for base commanders or designees to be notified ofproposed subdivisions,
telecom towers and windmills or any other activity requiring a conditional orspecial use
permit within the fivemile area.
COUNTYMANAGER'S RECOMMENDATION:
S:\Planning and Inspections Files\AMENDMENTS\2013 TextAmendments \cc agenda fonn Resolution to seek amendment
Senate Bill - military notification.do Page 1 of 1
A RESOLUTION TO SEEK THE AMENDMENT OF
NORTH CAROLINA SESSION LAW 2004 -75
SENATE BILL 1161 ENACTED JULY 8, 2004
WHEREAS, the North Carolina General Assembly adopted Session Law 2004 -75
known as "An Act to Require Counties and Cities Near Militant' Bases to Give Notice of
Land -Use Planning Changes to the Military Bases", and
WHEREAS, the law continues to be a very effective and important tool in facilitating
communication between North Carolina's military bases and the surrounding local
governments (cities and counties) concerning proposed zoning changes within five miles
ofthe bases, and
WHEREAS, certain provisions of the existing law have proven to be burdensome for
both the military and local governments to implement, and
WHEREAS, certain other potentially incompatible land uses were omitted from the
law's notification requirements.
NOW THEREFORE BE IT RESOLVED, that the County of Harnett hereby requests
the North Carolina General Assembly to adopt the following amendments to North
Carolina Session Law 2004 -75:
A. Delete the requirement for a "certified mail" notification to the military base
commanders [ 152A -323 (b) and 160A -364 (b)J, and
B. Include the additional requirement for base commanders "or their designees" to be
notified of proposed subdivisions, telecom towers, and windmills or any other activity
requiring a conditional or special use permit within the five -mile area.
Adopted this 4th day of February, 2013
Chairman, Harnett County Board of Commissioners
Harnett
C O U N T Y
PROCLAMATION
HERB THOMAS DAY
Agenda Item "i —
WHEREAS, Herb Thomas, a HarnettCounty native, established himself as one of NASCAR's
early greats; and
WHEREAS, Thomas was the first driver to win two NASCAR premier series championships in
1951 and 1953; and
WHEREAS, Thomas finished second in the points standings in 1952and 1954, giving the North
Carolina veteran two championshipfinishes in four consecutive seasons; and
WHEREAS, Thomas started in 230 NASCAR races in his career, winning 48 races and
capturing 38 poles; and
WHEREAS, Thomas finished within the top twoin the championship, inall but one season
between 1951 and 1956; and
WHEREAS, Thomas won the firstNASCAR Cup Series race at Harnett CountySpeedwayin
1953; and
WHEREAS, Thomasranks 13th onthe NASCAR all time win list; and
WHEREAS, among Thomas' 48 NASCAR wins were 15 victories in his home state ofNorth
Carolina; and
WHEREAS, in 1998, NASCAR named Thomas one of its 50 Greatest Drivers; and
NOW, THEREFORE, we, the members of the Harnett CountyBoard of Commissioners, in
honor of Herb Thomas' distinguished NASCAR career and induction to the NASCAR Hall of
Fame in Charlotte, North Carolina, do hereby proclaim February 8, 2013, as "Herb Thomas
Day".
Adopted this 4th Day of February, 2013.
HARNETT COUNTY BOARD OF COMMISSIONERS
Jim Burgin, Chairman
Gary House, Vice Chairman
Joe Miller
strong roots < new growth
Beatrice B. Hill
C. Gordon Springle
harnett.org
Gina Wheeler
From:
Sent:
To:
Subject:
Attachments:
Dodd, Eric [edodd@nascarcom]
Tuesday, January 22, 2013 9:28 AM
Gina Wheeler
NASCAR Hall of Fame Proclamation
Proclamation - NASCAR Herb Thomas.docx
Importance: High
Ms. Wheeler:
Thanks again for your help with the NASCAR proclamation.
Please find attached a document containing the suggested language for a proclamation honoring NASCAR Hall of Fame
inductee Herb Thomas. Please let me know if you have any questions or if there is any assistance I can provide with the
proclamation. Our induction ceremony is on February 8th, so we would need to have the proclamation before that date if
at all possible. When completed, would you please have it mailed to the address below:
Attn: Eric Dodd, Public Affairs
International Motorsports Center
One Daytona Blvd.
Daytona Beach, FL 32114
Thank You,
Eric
Eric C. Dodd 1 Coordinator, Public Affairs 1 NASCAR
One Daytona Boulevard 1 Daytona Beach, FL 32114
Office: (386) 681 -4376 1 NASCAR.COM
edodd(anascar.com
THINK BEFORE YOU PRINT - Please support NASCAR Green.
This message contains confidential information and is intended only for the use of the person(s) named above. If you are
not the intended recipient, any review, dissemination, distribution or duplication of this communication is strictly prohibited.
In addition, please immediately contact the sender by reply e -mail and destroy all copies of the original message. E -mail
transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost,
destroyed, arrive late or incomplete or contain viruses. The sender therefore does not accept liability for any errors or
omissions in the contents of this message, which arise as a result of e -mail transmission. Any views or opinions presented
in this e-mail are solely those of the author and do not necessarily represent those of NASCAR. NASCAR will not accept
any liability as a result of such communication(s). No employee or agent is authorized to conclude any binding agreementonbehalfofNASCARwithanotherpartybye -mail. All agreements must be contained in a separate writing executed with
an original non - electronic signature.
Agenda Item 4 _
Board Meeting
Agenda Item
MEETING DATE: February 4, 2013
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Dunn Erwin Landfill Corrective Action Plan
REQUESTED BY: Amanda Bader, County Engineer
REQUEST:
Request adoption of attached project ordinance for the Dunn Erwin Landfill Corrective
Action Plan. The project includes a system for the collection of groundwater and leachate, a
pump station and force main to convey groundwater and leachate to the Harnett County
sewer system, convenience center improvements, and transfer station rehabilitation. The
project is being funded through a special obligation bond.
COUNTY MANAGER'S RECOMMENDATION:
C:\ Users\ bblinson\AppData \Local\Microsoft\Windows \Temporary Internet
Files\ Content. Outlook \1EAS44IB \agendaform2013 doc.doc
1 of 1
Page
COUNTY OF HARNETT
CAPITAL PROJECT ORDINANCE
DUNN -ERWIN CORRECTIVE ACTION PROJECT
BE IT ORDAINED by the Board of Commissioners of the County of Harnett, North
Carolina, sitting as the governing board for Harnett County, that, pursuant to Section 13.2 of
Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is
hereby adopted:
Section 1. The project authorized is the construction of the Dunn -Erwin Corrective Action
Project. The work includes a system for the collection of groundwater and leachate, a pump
station and force main to convey groundwater and leachate to the Harnett County sewer system,
convenience center improvements, and transfer station rehabilitation.
Section 2. The officers of this unit are hereby directed to proceed with the capital project
within the terms of the grant documents, loan documents, and the budget contained herein.
Section 3. The following amounts are appropriated for the project:
Construction Cost Estimate $1,306,030
Construction Contingency $130,600
Engineering $130,000
Geotechnical Services $20,000
Capital Outlay $30,000
Materials and Supplies $30,000
Legal & Administration $20,000
Survey $3,370
Issuance Cost $80,000
Total $1 ,750,000
Section 4. The following revenues are anticipated to be available to complete this project:
Revenue Bonds $1,720,000
Grant- DENR 30,000
Total $1,750,000
Section S. The Finance Officer is hereby directed to maintain within the Capital Project
Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor
agency, the grant agreements, and federal regulations.
Section 6. Funds may be advanced from the General Fund for the purpose of making
payments as due. Reimbursement requests should be made to the grantor agency in an orderly
and timely manner.
Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial
Page 1 of 2
status of each project element in Section 3 and on the total grant revenues received or claimed.
Section 8. The Budget Officer is directed to include a detailed analysis of past and future
costs and revenues on this capital project in every budget submission made to this Board.
Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the
Board of Commissioners, and to the Budget Officer and the Finance Officer for direction in
carrying out this project.
Adopted this day of , 2013
ATTEST
Margaret Regina Wheeler
Clerk to the Board
Jim Burgin, Chairman
Harnett County Board of Commissioners
Page 2of2
SEAL)
Agenda Item 24 - Cy-
BoardMeeting
Agenda Item
MEETING DATE: February 4, 2013
TO: HARNETT COUNTYBOARD OF COMMISSIONERS
SUBJECT: Dunn Erwin Landfill Corrective Action Plan
REQUESTED BY: Amanda Bader, CountyEngineer
REQUEST:
Request approval of the attached professional servicesagreementamendment with C.T.
Clayton, Sr, P.E, Inc. These services include constructionadministration and engineering
services for Dunn Erwin Corrective Action Projects.
COUNTY MANAGER'S RECOMMENDATION:
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Page
Coc Clayton, Sr., PE, Inc.
Civil & Environmental
November 30, 2012 PN: 03002B
Ms. Amanda Bader, PE, County Engineer
Harnett County
102 East Front Street
PO Box 759
Lillington, NC 27546
RE: Proposed Agreement for Construction Administration and Engineering Services
Dunn Erwin Landfill Corrective Action Projects 1 & 2
via email)
Dear Ms. Bader,
We appreciate the opportunity to provide you with this proposed agreement for Construction
Administration and Engineering Services for the DELF Corrective Action Project.
The following Scope of Services and Fee are proposed for your review.
SCOPE OF SERVICES
Task 1 - Construction Services: Upon written authorization from the Owner, Engineer shall:
1. General Administration of Construction Contract: Consult with Owner and act as
Owner's representative as provided in the Construction Contract. The extent and
limitations of the duties, responsibilities, and authority of Engineer as assigned in the
Construction Contract shall not be modified, except when Engineer may otherwise agree
in writing. All of Owner's instructions to Contractor will be issued through Engineer,
which shall have authority to act on behalf of Owner in dealings with Contractor to the
extent provided in this Agreement and the Construction Contract except as otherwise
provided in writing.
2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to
assist the Engineer and to provide more extensive observation of Contractor's work.
Duties, responsibilities, and authority of the RPR are as set forth below. The furnishing
of such RPR's services will not limit, extend, or modify Engineer's responsibilities or
authority except as expressly set forth in the description below.
Responsibilities of the RPR:
a. General: RPR is Engineer's representative at the Site, will act as directed by and
under the supervision of Engineer, and will confer with Engineer regarding RPR's
actions. RPR's dealings in matters pertaining to the Contractor's work in progress
shall in general be with Engineer and Contractor. RPR's dealings with Subcontractors
shall only be through or with the full knowledge and approval of Contractor. RPR shall
46 West Washington Street - Coats, North Carolina 27521
Phone: 910 - 897 -7070 - Fax: 910 - 897 -6767
Offices located in Coats and New Bern, North Carolina
License No. C -2570 - www.ctclayton.com
Ms. Amanda Bader, PEClayton, Sr., PE, Inc. DELF CAP Construction Admin & Engineering Services AgreementCivil & Environmental November 30, 2012
Page 2 of 16
generally communicate with Owner only with the knowledge of and under the direction
of Engineer.
b. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample
submittals, and schedule of values prepared by Contractor and consult with Engineer
concerning acceptability.
c. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction
conferences, progress meetings, job conferences and other project - related meetings,
and prepare and circulate copies of minutes thereof.
d. Liaison:
1) Serve as Engineer's liaison with Contractor. Working principally through
Contractor's authorized representative or designee, assist in providing information
regarding the intent of the Contract Documents.
2) Assist Engineer in serving as Owner's liaison with Contractor when Contractor's
operations affect Owner's on -site operations.
3) Assist in obtaining from Owner additional details or information, when required for
proper execution of the Work.
e. Interpretation of Contract Documents: Report to Engineer when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued by Engineer.
f. Shop Drawings and Samples:
1) Record date of receipt of Samples and approved Shop Drawings.
2) Receive Samples which are furnished at the Site by Contractor, and notify
Engineer of availability of Samples for examination.
3) Advise Engineer and Contractor of the commencement of any portion of the Work
requiring a Shop Drawing or Sample submittal for which RPR believes that the
submittal has not been approved by Engineer.
g. Modifications: Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report such suggestions together with RPR's
recommendations, to Engineer. Transmit to Contractor in writing decisions as issued
by Engineer.
h. Review of Work and Rejection of Defective Work:
1) Conduct on -site observations of Contractor's work in progress to assist Engineer in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
2) Report to Engineer whenever RPR believes that:
a) any part of Contractor's work in progress will not produce a completed Project
that conforms generally to the Contract Documents;
b) or will imperil the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents;
c) or has been damaged;
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j•
Ms. Amanda Bader, PE
DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 3 of 16
d) or does not meet the requirements of any inspection, test or approval required
to be made.
3) Advise Engineer of that part of work in progress that RPR believes should be
corrected or rejected or should be uncovered for observation, or requires special
testing, inspection, or approval.3
Inspections, Tests, and System Start -ups:
1) Consult with Engineer in advance of scheduled inspections, tests, and systems
start -ups.
2) Verify that tests, equipment, and systems start -ups and operating and
maintenance training are conducted in the presence of appropriate Owner's
personnel, and that Contractor maintains adequate records thereof.
3) Observe, record, and report to Engineer appropriate details relative to the test
procedures and systems start -ups.
4) Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections, and report to
Engineer.
Records:
1) Maintain at the Site or other designated place, orderly files for correspondence,
reports of job conferences, reproductions of original Contract Documents including
all change orders, field orders, work change directives, addenda, additional
Drawings issued subsequent to the execution of the Construction Contract,
Engineer's clarifications and interpretations of the Contract Documents, progress
reports, Shop Drawing and Sample submittals received from and delivered to
Contractor, and other Project - related documents.
2) Prepare a daily report or keep a diary or log book, recording Contractor's hours on
the Site, weather conditions, data relative to questions of change orders, field
orders, work change directives, or changed conditions, Site visitors, daily activities,
decisions, observations in general, and specific observations in more detail as in
the case of observing test procedures; and send copies to Engineer.
3) Record names, addresses, fax numbers, e-mail addresses, web site locations, and
telephone numbers of all Contractors, Subcontractors, and major Suppliers of
materials and equipment.
4) Maintain records for use in preparing Project documentation.
5) Upon completion of the Work, furnish original set of all RPR Project documentation
to Engineer.
k. Reports:
1) Furnish to Engineer periodic reports as required of progress of the Work and of
Contractor's compliance with the progress schedule and schedule of Shop
Drawing and Sample submittals.
2) Draft and recommend to Engineer proposed change orders, work change
directives, and field orders. Obtain backup material from Contractor.
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Civil & Environmental
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DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 4 of 16
3) Furnish to Engineer and Owner copies of all inspection, test, and system start -up
reports.
4) Immediately notify Engineer of the occurrence of any Site accidents, emergencies,
damage to property by fire or other causes, or the discovery of any Constituent of
Concern.
I. Payment Requests: Review applications for payment with Contractor for compliance
with the established procedure for their submission and forward with recommendations
to Engineer, noting particularly the relationship of the payment requested to the
schedule of values, Work completed, and materials and equipment delivered at the
Site but not incorporated in the Work.
m. Certificates, Operation and Maintenance Manuals: During the course of the Work,
verify that materials and equipment certificates, operation and maintenance manuals
and other data required by the Contract Documents to be assembled and furnished byContractorareapplicabletotheitemsactuallyinstalledandinaccordancewiththe
Contract Documents, and have these documents delivered to Engineer for review and
forwarded to Owner prior to payment for that part of the Work.
n. Completion:
1) Participate in visits to the Project to determine Substantial Completion, assist in the
determination of Substantial Completion and the preparation of lists of items to be
completed or corrected.
2) Participate in a final visit to the Project in the company of Engineer, Owner, and
Contractor, and prepare a final list of items to be completed and deficiencies to be
remedied.
3) Observe whether all items on the final list have been completed or corrected and
make recommendations to Engineer concerning acceptance of the Work.
3. Selecting Independent Testing Laboratory: Assist Owner in the selection of an
independent testing laboratory to perform the services identified in the Contract
Documents.
4. Pre - Construction Conference: Participate in a Pre - Construction Conference prior to
commencement of Work at the Site.
5. Schedules: Receive, review, and determine the acceptability of any and all schedules
that Contractor is required to submit to Engineer, including the Progress Schedule,
Schedule of Submittals, and Schedule of Values.
6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for
locating the Work which in Engineer's judgment are necessary to enable Contractor to
proceed.
7. Visits to Site and Observation of Construction in connection with observations of
Contractor's Work while it is in progress:
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Civil & Environmental
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DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 5 of 16
a. Make visits to the Site at intervals appropriate to the various stages of construction,
as Engineer deems necessary, to observe as an experienced and qualified design
professional the progress of Contractor's executed Work. Such visits and
observations by Engineer, and the Resident Project Representative, if any, are not
intended to be exhaustive or to extend to every aspect of Contractor's Work in
progress or to involve detailed inspections of Contractor's Work in progress beyond
the responsibilities specifically assigned to Engineer in this Agreement and the
Contract Documents, but rather are to be limited to spot checking, selective
sampling, and similar methods of general observation of the Work based on
Engineer's exercise of professional judgment, as assisted by the Resident Project
Representative. Based on information obtained during such visits and observations,
Engineer will determine in general whether the Work is proceeding in accordance
with the Contract Documents, and Engineer shall keep Owner informed of the
progress of the Work.
b. The purpose of Engineer's visits to, and representation by the Resident Project
Representative, if any, at the Site, will be to enable Engineer to better carry out the
duties and responsibilities assigned to and undertaken by Engineer during the
Project construction, and, in addition, by the exercise of Engineer's efforts as an
experienced and qualified design professional, to provide for Owner a greater degree
of confidence that the completed Work will conform in general to the Contract
Documents and that Contractor has implemented and maintained the integrity of the
design concept of the completed Project as a functioning whole as indicated in the
Contract Documents. Engineer shall not, during such visits or as a result of such
observations of Contractor's Work in progress, supervise, direct, or have control over
Contractor's Work, nor shall Engineer have authority over or responsibility for the
means, methods, techniques, sequences, or procedures of construction selected or
used by Contractor, for security or safety at the Site, for safety precautions and
programs incident to Contractor's Work, nor for any failure of Contractor to comply
with Laws and Regulations applicable to Contractor's furnishing and performing the
Work. Accordingly, Engineer neither guarantees the performance of any Contractor
nor assumes responsibility for any Contractor's failure to furnish or perform the Work
in accordance with the Contract Documents.
8. Defective Work: Reject Work if, on the basis of Engineer's observations, Engineer
believes that such Work (a) is defective under the standards set forth in the Contract
Documents, (b) will not produce a completed Project that conforms to the Contract
Documents, or (c) will imperil the integrity of the design concept of the completed Project
as a functioning whole as indicated by the Contract Documents.
9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and
interpretations of the Contract Documents as appropriate to the orderly completion of
Contractor's work. Such clarifications and interpretations will be consistent with the
intent of and reasonably inferable from the Contract Documents. Subject to any
limitations in the Contract Documents, Engineer may issue field orders authorizing minor
variations in the Work from the requirements of the Contract Documents.
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Civil & Environmental
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DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 6 of 16
10. Change Orders and Work Change Directives: Recommend change orders and work
change directives to Owner, as appropriate, and prepare change orders and work
change directives as required.
11. Shop Drawings and Samples: Review and approve or take other appropriate action in
respect to Shop Drawings and Samples and other data which Contractor is required to
submit, but only for conformance with the information given in the Contract Documents
and compatibility with the design concept of the completed Project as a functioning
whole as indicated by the Contract Documents. Such reviews and approvals or other
action will not extend to means, methods, techniques, sequences, or procedures of
construction or to safety precautions and programs incident thereto. Engineer shall
meet any Contractor's submittal schedule that Engineer has accepted.
12. Substitutes and "or- equal ": Evaluate and determine the acceptability of substitute or "or-
equal" materials and equipment proposed by Contractor, but subject to the provisions of
the Contract Documents.
13. Inspections and Tests: Require such special inspections or tests of Contractor's work as
deemed reasonably necessary, and receive and review all certificates of inspections,
tests, and approvals required by Laws and Regulations or the Contract Documents.
Engineer's review of such certificates will be for the purpose of determining that the
results certified indicate compliance with the Contract Documents and will not constitute
an independent evaluation that the content or procedures of such inspections, tests, or
approvals comply with the requirements of the Contract Documents. Engineer shall be
entitled to rely on the results of such tests.
14. Disagreements between Owner and Contractor: Render formal written decisions on all
duly submitted issues relating to the acceptability of Contractor's work or the
interpretation of the requirements of the Contract Documents pertaining to the execution,
performance, or progress of Contractor's Work; review each duly submitted Claim by
Owner or Contractor, and in writing either deny such Claim in whole or in part, approve
such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that
to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and
show no partiality to Owner or Contractor and shall not be liable in connection with any
decision rendered in good faith in such capacity.
15. Applications for Payment: Based on Engineer's observations as an experienced and
qualified design professional and on review of Applications for Payment and
accompanying supporting documentation:
a. Determine the amounts that Engineer recommends Contractor be paid. Such
recommendations of payment will be in writing and will constitute Engineer's
representation to Owner, based on such observations and review, that, to the best of
Engineer's knowledge, information and belief, Contractor's Work has progressed to
the point indicated, the Work is generally in accordance with the Contract Documents
subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent tests called for in the
Contract Documents, and to any other qualifications stated in the recommendation),
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Civil & Environmental
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DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 7 of 16
and the conditions precedent to Contractor's being entitled to such payment appear
to have been fulfilled in so far as it is Engineer's responsibility to observe
Contractor's Work. In the case of unit price work, Engineer's recommendations of
payment will include final determinations of quantities and classifications of
Contractor's Work (subject to any subsequent adjustments allowed by the Contract
Documents).
b. By recommending any payment, Engineer shall not thereby be deemed to have
represented that observations made by Engineer to check the quality or quantity of
Contractor's Work as it is performed and furnished have been exhaustive, extended
to every aspect of Contractor's Work in progress, or involved detailed inspections of
the Work beyond the responsibilities specifically assigned to Engineer in this
Agreement and the Contract Documents. Neither Engineer's review of Contractor's
Work for the purposes of recommending payments nor Engineer's recommendation
of any payment including final payment will impose on Engineer responsibility to
supervise, direct, or control Contractor's Work in progress or for the means,
methods, techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto, or Contractor's compliance with Laws and
Regulations applicable to Contractor's furnishing and performing the Work. It will
also not impose responsibility on Engineer to make any examination to ascertain
how or for what purposes Contractor has used the monies paid on account of the
Contract Price, or to determine that title to any portion of the Work in progress,
materials, or equipment has passed to Owner free and clear of any liens, claims,
security interests, or encumbrances, or that there may not be other matters at issue
between Owner and Contractor that might affect the amount that should be paid.
16. Contractor's Completion Documents: Receive, review, and transmit to Owner
maintenance and operating instructions, schedules, guarantees, bonds, certificates or
other evidence of insurance required by the Contract Documents, certificates of
inspection, tests and approvals, Shop Drawings, Samples and other data approved, and
transmit the annotated record documents which are to be assembled by Contractor in
accordance with the Contract Documents to obtain final payment.
17. Substantial Completion: Promptly after notice from Contractor that Contractor considers
the entire Work ready for its intended use, in company with Owner and Contractor, visit
the Project to determine if the Work is substantially complete. If after considering any
objections of Owner, Engineer considers the Work substantially complete, Engineer shall
deliver a certificate of Substantial Completion to Owner and Contractor.
18. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine
if the completed Work of Contractor is acceptable so that Engineer may recommend, in
writing, final payment to Contractor. Accompanying the recommendation for final
payment, Engineer shall also provide a notice that the Work is acceptable to the best of
Engineer's knowledge, information, and belief and based on the extent of the services
provided by Engineer under this Agreement.
19. Duration of Construction Phase: The Construction Phase will commence with the
execution of the first Construction Contract for the Project or any part thereof and will
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DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 8 of 16
terminate upon written recommendation by Engineer for final payment to Contractors.
Engineer shall be entitled to an equitable increase in compensation if Construction Phase
services (including Resident Project Representative services, if any) are required after the
original date for completion and readiness for final payment of Contractor as set forth in
the Construction Contract.
20. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions
of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or
furnishing any of the Work, for safety or security at the Site, or for safety precautions and
programs incident to Contractor's Work, during the Construction Phase or otherwise.
Engineer shall not be responsible for the failure of any Contractor to perform or furnish the
Work in accordance with the Contract Documents.
Task 2 - Design Services: Complete the design of the following for inclusion by Change
Order to one of the two construction Contracts:
1. Generate a schematic layout and design for a DELF Trailer Parking Area Leachate
Management Collection System (TRALMCS) for review and discussion with the Owner.
2. Upon approval of the schematic design, produce final design drawings and, as necessary,
additional technical specifications of the TRALMCS.
3. Submit the final design drawings for the TRALMCS to the NCDENR Solid Waste Section
for review and approval.
4. Upon approval, solicit pricing from current project contractors. Review the received pricing
with the Owner and prepare a Change Order to include the Work in the current
construction contracts.
5. Other Design Services: The Engineer shall be entitled to an equitable increase in
compensation if design of additional facilities not listed above are requested by the Owner.
Written authorization from the Owner of additions to the scope must be received prior to
start of the additional Work.
ASSUMPTIONS: C. T. Clayton, Sr., PE, Inc.'s (CTC) Scope of Services is based on the following
assumptions and conditions:
1. CTC will communicate with all regulatory authorities on behalf of the Client, including
representation at public presentations and board meetings necessary for the continuation
of the project.
2. Access to the property will be provided.
3. All records pertaining to the property either are or will be available for research purposes.
4. Client Responsibility: The Client shall provide information to CTC in a timely manner as
deemed necessary to complete the indicated Scope of Services. Such information shall
include but not be limited to the following:
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DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 9 of 16
a. A central contact person for coordination purposes
b. Access to personnel, records and documents pertaining to the property and its history
c. Provide access for all locked gates, doors, etc. around the property necessary to
complete the work
d. Coordination of necessary easements with adjacent property owners for off -site
grading, roadways, or utility tie -ins
e. Any legal representation requiring an attorney
FEE ESTIMATE:
The fee for this project as identified in the Scope of Services shall be billed on a time and materials
basis per the attached Schedule of Hourly Rates and Supplemental Charges. The total budget for this
work is identified as $130,000.
Should the amount billed increase to within 85% of the total budgeted amount, the Engineer will notify
the Owner in writing of the following the amount of CA/Design Budget spent versus percentage of the
construction completed. If this number is not in agreement, the Engineer and Owner will enter
discussions of whether a change order to this contract is warranted.
The scope of work can be revised at the client's request, which may increase or decrease the
estimated fee.
CONCLUSION
C. T. Clayton Engineering appreciates this opportunity to present this agreement for services.
I am available for further discussion concerning our proposal at your convenience. Please feel
free to contact me at (910) 897 -7070 (office), (919) 795 -6302 (mobile), or at
tvrusc ctclavton.com .
Very truly yours,
C. Tyrs Clayton, Jr.,
Vice President
cc: file
attachment: Standard Rate Schedule, Work Authorization, General Conditions
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DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 10 of 16
C.T. CLAYTON, SR., P.E., INC.
Schedule of Hourly Rates and Supplemental Charges
Per Diem Rates
Classification (Fee /Hour)
Senior Engineer $110.00
Senior Project Manager $100.00
Project Engineer /RPR $ 75.00
Engineering Technician/ CAD Tech II $ 68.00
CAD Technician I $ 50.00
Engineer Field Technician H $ 63.00
Engineer Field Technician I $ 55.00
Senior Survey Manager /Registered Surveyor $ 80.00
Survey Field Crew $110.00
Environmental Scientist $ 110.00
Administrative Assistant /Production Specialist $ 45.00
Mileage IRS Rate
8.5x11 B &W Copies $0.065/ea
8.5x11 Color Copies $0.10 /ea
B &W Map Copies $1.00 /ea
Color Map Copies $2.00 /ea
Other Reimbursables Cost + 15 %
Rates are applicable through July 1, 2013
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WORK AUTHORIZATION
The attached General Conditions and the Schedule of Hourly Rates and Supplemental
Charges are part of this agreement.
This contract may be terminated by either party upon receipt of thirty (30) day's written notice.
In addition, the contract may be terminated, after one (1) written warning, for any failure to
conform to requirements as set forth in this contract and /or bid documents, which are included
and shall be considered part of this contract. In that event, the obligation of either party
hereunder may be terminated upon no less that ten (10) days written notice to the other party. Said notice shall be delivered by certified mail or in person.
CLIENT:
By:
Name:
Title:
Address:
Phone:
THIS INSTRUMENT HAS BEEN
PREAUDITED IN THE MANNER REQUIREDBYTHELOCALGOVERNMENTBUDGET
AND FISCAL CO .'TROLACT
NETT COUNTY FINANCE DIRECTOR
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STANDARD GENERAL CONDITIONS
Billing and Payment. Invoices will be submitted by
C. T. Clayton, Sr., P.E. (the "Engineer ") to the Client
monthly for services performed and expenses
incurred pursuant to this Agreement during the prior
month. Payment of each such invoice will be due
within thirty (30) days from the date of the invoice.
Any retainers shall be credited on the final invoice.
a) Interest. A service charge will be added
to delinquent accounts at 18 percent per annum (1.5
percent per month), except for disputed invoices
with notice to Engineer within fifteen (15) days after
receipt.
b) Suspension of Services. If the Client
fails to make any payment due the Engineer for
services and expenses within thirty (30) days of the
invoice date, the Engineer may, after giving seven
7) days' written notice to the Client, suspend
services under this Agreement until it has been paid
in full all amounts due for services and expenses.
The Engineer shall have no liability whatsoever to
the client for any costs or damages occurring as a
result of such suspension caused by any such
breach of this Agreement by Client.
c) Collection Costs. In the event legal
action is necessary to enforce the payment provisions
of this Agreement, the Engineer shall be entitled to
collect from the Client any judgment or settlement
sums due, reasonable attorneys' fees, court costs and
expenses incurred by the Engineer in connection
therewith as ordered by a North Carolina Court
having jurisdiction of the issue.
d) Termination of Services. If the Client
fails to make payment to the Engineer in accordance
with the payment terms herein without cause, this
shall constitute a material breach of this Agreement
and shall be cause for termination by the Engineer.
Confidentiality. The Engineer agrees to keep
confidential and not to disclose to any person or
entity, other than the Engineer's employees,
sub - consultants and the general contractor and
subcontractors, if appropriate, any data and
information not previously known to and generated by
the Engineer or furnished to the Engineer and marked
CONFIDENTIAL by the Client. These provisions shall
not apply to information in whatever form that comes
into the public domain, nor shall it restrict the
Engineer from giving notices required by law or
complying with an order to provide information or data
when such order is issued by a court, administrative
agency or other authority with proper jurisdiction, or if
it is reasonably necessary for the Engineer to defend
himself or herself from any suit or claim.
The Client agrees that the technical methods,
techniques and pricing information contained in any
proposal submitted by the Engineer pertaining to this
project or in this Agreement or any addendum
thereto, are to be considered Public Record.
Consequential Damages. Notwithstanding any other
provision of the Agreement, neither party shall be
liable to the other for any consequential damages
incurred due to the fault of the other party, regardless
of the nature of this fault or whether it was committed
by the Client or the Engineer, their employees,
agents, sub - consultants or subcontractors.
Consequential damages include, but are not limited
to, loss of use and loss of profit.
Non - Contingency. The Client acknowledges and
agrees that the payment for services rendered and
expenses incurred by the Engineer pursuant to this
Agreement is not subject to any contingency unless
the same is expressly set forth in this Agreement.
Payments to the Engineer shall not be withheld,
postponed or made contingent on the financing,
construction, completion or success of the project or
upon receipt by the Client of offsetting reimbursement
or credit from other parties causing Additional
Services or expenses. No withholdings, deductions or
offsets shall be made from the Engineer's compen-
sation for any reason unless the Engineer has been
found to be legally liable for such amounts.
Opinions of Cost.
a) Since the Engineer has no control over
the cost of labor, materials, equipment or services
furnished by others, or over methods of determining
prices, or over competitive bidding or market
conditions, any and all opinions as to costs rendered
hereunder, including but not limited to opinions as to
the costs of construction and materials, shall be
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Clayton, Sr., PE, Inc.
Civil & Environmental
rnade on the basis of its experience and
qualifications and represent its best judgment as an
experienced and qualified professional engineer,
familiar with the construction industry; but the
Engineer cannot and does not guarantee that
proposals, bids or actual costs will not vary from
opinions of probable cost prepared by it. If at any
time the Client wishes greater assurance as to the
amount of any cost, he shall employ an independent
cost estimator to make such determination.
Engineering services required to bring costs within
any limitation established by the Client will be paid
for as additional services hereunder by the Client.
b) If a limit with respect to construction or
other costs is established by written agreement
between the Client and the Engineer, the following
will apply:
i) The acceptance by the Client at any time
during the performance of services hereunder of a
revised opinion of probable cost in excess of the
then established cost limit will constitute a
corresponding revision in the previously agreed cost
limit to the extent indicated in such revised opinion.
ii) Any cost limit so established will include
a contingency of ten percent unless another amount
is agreed upon in writing.
iii) The Engineer will be permitted to
determine what materials, equipment, component
systems and types of construction are to be included
in the drawings and specifications prepared by it
pursuant hereto and to make reasonable
adjustments in the extent of the project to bring it
within the cost limit.
iv) If the bidding or negotiating phase of the
project has not commenced within six months after
completion of the Engineer's design hereunder, the
established cost limit will not be binding on the
Engineer, and the Client shall consent to an
adjustment in such cost limit commensurate with any
applicable change in the general level of prices in
the construction industry between the date of
completion of the Engineer's design hereunder and
the date on which proposals or bids are sought.
v) If the lowest bona fide proposal or bid
exceeds the established cost limit, the Client shall
1) give written approval to increase such cost limit,
2) authorize negotiating or rebidding the project
within a reasonable time, or (3) cooperate in revising
Ms. Amanda Bader, PE
DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 13 of 16
the project's extent or quality. In the case of (3), the
Engineer shall, without additional charge, modify the
plans and specifications prepared by it hereunder as
necessary to bring the subject cost within cost limit.
The providing of such service will be the limit of the
Engineer's responsibility in this regard and having
done so, the Engineer shall be entitled to payment
for his services in accordance with this Agreement.
Termination. The obligation to provide further
services under this Agreement may be terminated by
either party upon seven (7) days' written notice in
the event of substantial failure by the other party to
perform in accordance with the terms hereof through
no fault of the terminating party. In the event of any
termination, the Engineer shall provide a final
statement of charges due and will be paid for all
services rendered to the date of termination, all
expenses subject to reimbursement hereunder, and
other reasonable expenses incurred by the Engineer
as a result of such termination.
Reuse of Documents. All documents, including but
not limited to drawings and specifications, prepared
by the Engineer pursuant to this Agreement are
related exclusively to the services described herein.
They are not intended or represented to be suitable
for reuse by the Client or others on extensions of
this project or on any other project. Any reuse
without written verification or adaptation by the
Engineer for specific purposes intended will be at
the Client's sole risk and without liability or legal
exposure to the Engineer; and the Client shall
indemnify and hold the Engineer harmless from all
claims, damages, losses and expenses, including
but not limited to attorneys' fees, arising out of or
resulting therefrom. Any such verification or
adaptation will entitle the Engineer to further
compensation at rates to be agreed upon by the
Client and the Engineer.
Liability. The Engineer is protected by Workmen's
Compensation Insurance (and /or employer's liability
insurance), professional liability insurance, and by
public liability insurance for bodily injury and
property damage and will furnish certificates of
insurance upon request. The Engineer agrees to
hold the Client harmless from loss, damage, injury or
liability arising directly from the negligent acts or
omissions of the Engineer, its employees, agent,
subcontractors and their employees and agents but
only to the extent that the same is actually covered
and paid under the foregoing policies of insurance.
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Clayton, Sr., PE, Inc.
Civil & Environmental
If the Client requires increased insurance coverage,
the Engineer will, if specifically directed by the
Client, take out additional insurance, if obtainable, at
the Client's expense.
Limitation of Liability. In performing its
professional services hereunder, the Engineer will
use that degree of care and skill ordinarily exercised,
under similar circumstances, by reputable members
of its profession practicing in the same or similar
locality. No other warranty, express or implied, is
made or intended by the Engineer's undertaking
herein or its performance of services hereunder. It is
agreed that, in accordance with and subject to the
provisions of the foregoing paragraph (Liability), the
Client will limit any and all liability, claim for
damages, cost of defense, or expenses to be levied
against the Engineer on account of any and all
design defects, errors, omissions, and professional
negligence to the amount of its policy limits under
any policy or policies of professional liability
insurance maintained by the Engineer. Under no
circumstances shall the Engineer be liable for extra
costs or other consequences due to changed
conditions or for costs related to the failure of the
contractor or material men to install work in
accordance with the plans and specifications. The
limitation of liability to the limits of the Engineer's
insurance policy is a specifically bargained -for
nrnvicion of this agreement, reflected in Engineer's
sAc
Ms. Amanda Bader, PE
DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 14 of 16
Client initials
Expenses of Litigation. In the event litigation in
any way related to the services performed
hereunder is initiated against the Engineer by the
Client, its contractors, or subcontractors, and such
litigation concludes with the entry of a final judgment
favorable to the Engineer, the Client shall reimburse
the Engineer for all of its reasonable attorneys' fees
and other expenses related to said litigation.
Controlling Law. This Agreement is to be governed
by the law of the State of North Carolina.
Binding Effect. This Agreement shall bind, and the
benefits thereof shall inure to the respective parties
hereto, their legal representatives, executors,
administrators, successors and assigns.
Merger; Amendment. This Agreement constitutes
the entire agreement between the Engineer and the
Client, and all negotiations and oral understandings
between the parties are merged herein. This
Agreement can be supplemented and /or amended
only by a written document executed by both the
Engineer and the Client.
Co- Ownership Of Instruments of Service. All
reports, plans, specifications, field data, notes and
other documents, including all documents on
electronic media, prepared by the Engineer as
instruments of service shall remain the property of the
Engineer and the Client. The Engineer and Client
shall retain all common law, statutory and other
reserved rights, including the copyright thereto.
Photographs. Photographs of any completed
project embodying the services of the Engineer
provided hereunder may be made by the Engineer
and shall be considered as its property, and may be
used by it for publication.
Assignment. Neither party to this Agreement shall
transfer, sublet or assign any rights under or interest
in this Agreement (including but not limited to fees
that are due or fees that may be due) without the prior
written consent of the other party.
Archiving of Project Documentation: Engineer
shall maintain copies of printed project documentation
for a period of three years from substantial completion
of Engineer's services. Engineer shall maintain copies
of all electronic media related to the project for a
period of one year from substantial completion of
Engineer's services. Requests for reproduction of
project documentation after these periods have
expired will be considered additional services and will
be invoiced hourly plus expenses at the Engineer's
prevailing hourly rates at the time of the request.
Betterment. If, due to the Engineer's error, any
required item or component of the project is omitted
from the Engineer's construction documents, the
Engineer shall not be responsible for paying the cost
to add such item or component to the extent that such
item or component would have been otherwise
necessary to the project or otherwise adds value or
betterment to the project. In no event will the
Engineer be responsible for any cost or expense that
provides betterment, upgrade or enhancement of the
project.
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4 Clayton, Sr., PE, Inc.
Civil & Environmental
CAD Files. Because data stored on electronic media
can deteriorate undetected or be modified without the
Engineer's knowledge, the Client agrees that it will
accept responsibility for the completeness,
correctness, or readability of any electronic media
delivered to the Client after an acceptance period of 30
days after delivery of the electronic files, and that upon
the expiration of this acceptance period, client will
indemnify and save harmless the Engineer from any
and all claims, losses, costs, damages, awards or
judgments arising from use of the electronic media files
or output generated from them. The Engineer agrees
that it is responsible only for the printed and sealed
drawings and documents, and when there is a conflict
between these printed documents and the electronic
media, the sealed documents will govern. Engineer
makes no warranties, express or implied, under this
agreement or otherwise, in connection with the
Engineer's services.
Certifications, Guarantees and Warranties. The
Engineer shall not be required to sign any documents,
no matter by whom requested, that would result in the
Engineer's having to certify, guarantee or warrant the
existence of conditions whose existence the Engineer
cannot ascertain. The Client also agrees not to make
resolution of any dispute with the Engineer or
payment of any amount due to the Engineer in any
way contingent upon the Engineer's signing any such
certification.
Corporate Protection. It is intended by the parties to
this Agreement that the Engineer's services in
connection with the project shall not subject the
Engineer's individual employees, officers or directors
to any personal legal exposure for the risks associ-
ated with this project. Therefore, and notwithstanding
anything to the contrary contained herein, the Client
agrees that as the Client's sole and exclusive remedy,
any claim, demand or suit shall be directed and /or
asserted only against the Engineer and C. T. Clayton
Sr., Inc., a North Carolina corporation, and not against
any of the Engineer's employees, officers or directors.
Extension of Protection. The Client agrees to
extend any and all liability limitations and
indemnifications provided by the Client to the
Engineer.
Job -Site Safety. Neither the professional activities of
the Engineer, nor the presence of the Engineer or his
or her employees and sub - consultants at a
construction site, shall relieve the General Contractor
Ms. Amanda Bader, PE
DELF CAP Construction Admin & Engineering Services Agreement
November 30, 2012
Page 15 of 16
and any other entity of their obligations, duties and
responsibilities including, but not limited to,
construction means, methods, sequence, techniques
or procedures necessary for performing,
superintending or coordinating all portions of the
Work of construction in accordance with the contract
documents and any health or safety precautions
required by any regulatory agencies. The Engineer
and his or her personnel have no authority to exercise
any control over any construction contractor or other
entity or their employees in connection with their work
or any health or safety precautions. The Client agrees
that the General Contractor is solely responsible for
job -site safety, and warrants that this intent shall be
made evident in the Client's agreement with the
General Contractor. The Client also agrees that the
Client, the Engineer and the Engineer's consultants
shall be indemnified and shall be made additional
insureds under the General Contractor's general
liability insurance policy.
Scope of Services. Services not set forth as Basic
Services or Additional Services and listed in this
Agreement are excluded from the scope of the
Engineer's services and the Engineer assumes no
responsibility to perform such services.
Severability and Survival Any provision of this
Agreement later held to be unenforceable for any
reason shall be deemed void, and all remaining provi-
sions shall continue in full force and effect. All
obligations arising prior to the termination of this
Agreement and all provisions of this Agreement
allocating responsibility or liability between the Client
and the Engineer shall survive the completion of the
services hereunder and the termination of this
Agreement.
Shop Drawing Review. If included in the scope of
services to be provided, the Engineer shall review
and approve Contractor submittals, such as shop
drawings, product data, samples and other data, as
required by the Engineer, but only for the limited
purpose of checking for conformance with the design
concept and the information expressed in the contract
documents. This review shall not include review of the
accuracy or completeness of details, such as
quantities, dimensions, weights or gauges, fabrication
processes, construction means or methods,
coordination of the work with other trades or con-
struction safety precautions, all of which are the sole
responsibility of the Contractor. The Engineer's review
shall be conducted with reasonable promptness while
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Clayton, Sr., PE, Inc.
Civil & Environmental
allowing sufficient time in the Engineer's judgment to
permit adequate review. Review of a specific item
shall not indicate that the Engineer has reviewed the
entire assembly of which the item is a component.
The Engineer shall not be responsible for any
deviations from the contract documents not brought to
the attention of the Engineer in writing by the
Contractor. The Engineer shall not be required to
review partial submissions or those for which
submissions of correlated items have not been
received.
Specification of Materials The Client understands
and agrees that products or building materials which
are permissible under current building codes and
ordinances may, at some future date, be banned or
limited in use in the construction industry because of
presently unknown hazardous characteristics. The
Engineer shall endeavor, during the term of this
Agreement, to inform the Client of any product or
material specified for this project which the Engineer
becomes aware is a known or suspected health or
safety hazard. The Client agrees that if the Client
directs the Engineer to specify any product or
material, after the Engineer has informed the Client
that such product or material may not be suitable or
may embody characteristics that are suspected of
causing or may cause the product or material to be
considered a hazardous substance in the future, the
Client waives all claims as a result thereof against the
Engineer. The Client further agrees that if any product
or material specified for this project by the Engineer
shall, at any future date be suspected or discovered
to be a health or safety hazard, then the Client shall
waive all claims as a result thereof against the
Engineer.
Standard of Care. Services provided by the Engineer
under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily
exercised by members of the same profession
currently practicing under similar circumstances.
Suspension of Services. If the project is suspended
for more than thirty (30) calendar days in the
aggregate, the Engineer shall be compensated for
services performed and charges incurred prior to
receipt of notice to suspend and, upon resumption, an
equitable adjustment in fees to accommodate the
resulting demobilization and re- mobilization costs. In
addition, there shall be an equitable adjustment in the
project schedule based on the delay caused by the
suspension. If the project is suspended for more than
Ms. Amanda Bader, PE
DELF CAP Construction Admin & Engineering Services Agreement
November30, 2012
Page 16 of 16
ninety (90) calendar days in the aggregate, the
Engineer may, at his or her option, terminate this
Agreement upon giving notice in writing to the Client.
Unauthorized Changes to Documents. In the event
the Client consents to, allows, authorizes or approves
of changes to any plans, specifications , construction
documents or electronic media, and these changes
are not approved in writing by the Engineer, the Client
recognizes that such changes and the results thereof
are not the responsibility of the Engineer. Therefore,
the Client agrees to release the Engineer from any
liability arising from the construction, use or result of
such changes. In addition, the Client agrees, to the
fullest extent permitted by law, to indemnify and hold
the Engineer harmless from any damage, liability or
cost (including reasonable attorneys' fees and costs
of defense) arising from such changes, except only
those damages, liabilities and costs arising from the
sole negligence or willful misconduct of the Engineer.
Compensation for Additional Services. The
undertaking of the Engineer to perform professional
services under this Agreement extends only to those
services specifically described herein. If upon the
request of the Client, the Engineer agrees to perform
additional services hereunder, the Client and the
Engineer shall negotiate and agree upon an
additional fee to be paid to the Engineer for
completion of the agreed upon Additional Services.
The Engineer will be under no obligation to begin or
complete requested Additional Services until the
additional fee has been negotiated and authorized in
writing by the Client.
Hourly Billing Rates. All services to be billed on an
hourly basis under this agreement will be billed
using the Engineer's prevailing billing rate schedule
at the time services are provided. If a specific rate
schedule is to be used for this Agreement, it shall
expire no later than one year from the date of this
Agreement and will be replaced with the prevailingratescheduleineffectatthattime.
Fee. The fee for this project shall not exceed the
amount(s) stated in the proposal, without prior
authorization by the Client.
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Board Meeting
Agenda Item
Agenda Item 4-- — 1`7
Feb. 4,20.13
MEETING DATE: Pick a_ to
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: REQUEST PERMISSION TO APPLY FOR GRANT
REQUESTED BY: Tyrone L Fisher, County Extension Director
REQUEST:
The Harnett County Cooperative Extension requests permission to apply for the Family
Support Program Services funding through the North Carolina Department of Health and
Human Services' Division of Social Services to expand the outreach of the Parents as
Teachers program as well as conduct a series of Incredible Years programs.
COUNTY MANAGER'S RECOMMENDATION:
hcfile2 \Coopusers\tvest \My Documents \Commissioners Agenda Requests \agendaform20111 June 22 2011 request
permission to continue grant.doc Page 1 of 1
The North Carolina Department of Health and Human Services' Division of Social Services
is pleased to announce the availability of Family Support Program Services funding. The
term of any resulting contract is anticipated to be for three years, from July 1, 2013 until
June 30, 2016. The US Department of Health and Human Services, Administration for
Children and Families authorizes funding for grants under this announcement.
The Request for Application (RFA) is available on the web
at: http:;` /www.ncdhhs.g1ovidssloubnoticei . Please feel free to forward to anyone you think
might be interested in this RFA.
PURPOSE OF REQUEST
The North Carolina Department of Health and Human Services (NCDHHS), through the
Division of Social Services (NCDSS), is seeking proposals from qualified responders to develop,
operate and /or expand community- based, family support and respite programs to reduce the risk
of child abuse and neglect by promoting protective factors that strengthen and support families.
Responders will demonstrate the capacity to achieve positive outcomes for children and families
in communities with high rates of child maltreatment and /or other risk indicators associated with
the incidence of child maltreatment. The North Carolina Family Support and Respite program
helps to advance the NCDHHS' vision: All North Carolinians will enjoy optimal health and
well - being.
The Division of Social Services anticipates awarding $3,000,000 for family support program
services in SFY 2014 to community -based organizations. During the overall three -year grant
cycle from July 1, 2013 until June 30, 2016, NC DSS expects to award approximately
9,000,000 for family support services. Contract renewal will be required for SFY 2015 and
2016 and will be based on availability of funding, contractor performance, and contractual
compliance
DESCRIPTION
The North Carolina Family Support Program Services applicants need to meet all of the
following nine requirements:
1. Provide services based on the Principles of Family Support Practice.
2. Demonstrate a commitment to meaningful parent engagement and leadership
opportunities.
3. Demonstrate collaborative relationships with community partners in the prevention of
child abuse and neglect.
4. Implement Primary and/or Secondary prevention services.
5. Serve target populations most at risk of child abuse or neglect.
6. Recruit children and families to participate voluntarily.
7. Promote one or more of the five protective factors linked to lower incidence of child
abuse and neglect.
8. Provide a service or implement a program that demonstrates an acceptable level of
evidence -based or evidence informed practice.
80% of available funds will be granted to agencies implementing one or more of the
following programs:
o Incredible Years Pre - School BASIC Parent Program for parents of children 3 -6
o Incredible Years School -Age BASIC Parent Program for parents of children 6 -12
o Strengthening Families Program for parents of children 6 -11
o Circle of Parents
20% of available funds will be granted to agencies implementing evidence - based,
evidence - informed family support models and activities not listed in the 80% category
above.
Applicants may request up to $125,000 per award. Individual agencies may apply for
one grant in the 80% category and /or one grant in the 20% category.
9. Use outcome accountability and evaluation tools that demonstrate positive outcomes for
children and families.
ELIGIBILITY
Any tribal government, community— based, public or private nonprofit, tax - exempt organization
including faith - based), school system or local government agency that is duly incorporated and
registered under North Carolina Statutes is eligible to apply. It is important that the proposed
project does not overlap with existing programs in the county.
KEY DATES
Technical Assistance Webinar: NCDSS will sponsor a technical assistance webinar to discuss
the application in greater detail onJanuary 18, 2013 from 9 am to 10:30 am. The webinar link
can be accessed through the following web
link: https:// dss.ncgovconnect.com /r61908527/ . The webinar is recommended, but not
required.
Letter of Intent: It is highly recommended that all agencies considering applying for these funds
submit a letter of intent by email to Deborah Day at deborah.dav@dhhs.nc.gov. Please submit
signed letter of intent by January 22, 2013 on agency letterhead. It should include the following
info' Illation:
Legal name of the agency or organization;
Mailing address, phone number, and fax number of the agency or organization;
Intent to respond to this RFA;
Name ofthe proposed program or practice to be delivered;
County or counties to be served; and
Name, title, and email address of the person who will coordinate application submission.
Questions: Agencies may submit questions regarding the RFA by January 25, 2013 by 5:00 pm
to Deborah Day atdeborah.dav!w dhhs.nc.aov. Questions shall only be accepted via
email. Answers to all questions received will be posted on the NCDSS public notice
site http: / /www.ncdhhs.gov /dss /pubnotice/ by January 30, 2013.
Number of Copies: One complete original application including a signed cover letter on agency
letterhead and signed certifications and three additional complete application copies are required.
DEADLINE FOR SUBMISSION
NC Family Support Program Services Applications are due by February 11, 2013 by 5:00 pm.
Late applications will not be accepted and faxed applications will not be accepted.
FOR FURTHER INFORMATION:
Please contact: Deborah Day, Family Support Program Consultant at:
NC Division of Social Services
325 N. Salisbury Street
Mail Service Center 2410
Raleigh, NC 27699 -2410
919) 334-1157
deborah. day@dhhs.nc. gov.
Agenda Item 6
February 4, 2013 APPOINTMENTS NEEDED
AIRPORT COMMITTEE
Ben Slaughter has expressed interest in being reappointed to serve on this committee.
BOARD OF ADJUSTMENT
Scott Tripp is requested an exception to the three term limit. His third term expires in
September 2013 and he is requesting to be allowed to serve at least one more additional
term.
BOARD OF EQUALIZATION AND REVIEW,
Robert Doberstein, Joe Miriello, Howard Penny, Jr. and Carnell Robinson have expressed
interest in being reappointed to serve on this Board. Their terms expire February 28,
2013. We also have a vacancy on this Board for District 4.
DANGEROUS DOG COMMITTEE
We have a vacancy on this committee that will need to be filled by an attorney in the
county. This vacancy was posted in the Dunn Daily Record on February 24, 2012.
HARNETT COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES,
We have a vacancy for an at -large member on this board.
HARNETT NURSING HOME COMMUNITY ADVISORY COMMITTEE,
We need members on this committee. Members do receive mileage reimbursement as
claimed.
HISTORIC PROPERTIES COMMISSION
We currently have a vacancy for a regular member in District 5.
JOHNSTON- LEE- HARNETT COMMUNITY ACTION INC.
Staff would like to recommend the reappointment of Ms. Ursela McLean on their Board
of Directors
MID- CAROLINA AGING ADVISORY COMMITTEE,
We have three vacancies on this committee. Members do receive mileage reimbursement
as claimed.
Page 1 - Appointments
Gina Wheeler
From:
Sent:
To:
Co:
Subject:
Teresa Byrd
Wednesday, January 30, 2013 3:40 PM
Gina Wheeler
Mark Locklear
FW: Board of Adjustment term
this R ` +. `s"Jee ..
From: Scott Tripp [ p' °'ft,:
Sent: Monday, January 21, 2013 4:31 PM
To: Teresa Byrd
Subject: Board of Adjustment term
Hey Teresa,
I am writing to you because this is the last year of my third term with the Board of Adjustments.
While this last year has been quite challenging for the BOA, I continue to enjoy serving the
county in this capacity. I would like to ask the county for an exception to the three term limit
and allow me to serve at least one more term.
I appreciate you help in this matter and If I need to make my case before the County
Commissioners myself, I welcome the opportunity.
Thanks,
1
blinsfau-Ictim,Parittff Gituttuxtifg. rfuu, slur.
MAIN OFFICE
Phone 919 - 934 -2145
Fax 919 - 934 -6231
Post Office Drawer 711
1102 Massey Street
Smithfield, NC 27577
LEE COUNTY OFFICE
Phone 919 - 776 -0746
Fax 919 - 774 -1867
Post Office Box 1061
225 S. Steele Street
Sanford, NC 27330
January 18, 2013
Gina Wheeler, Clerk to the Board
Harnett County Board of Commissioners
P.O. Box 759
Lillington, N.C. 27546
Dear Ms. Wheeler:
HARNETT COUNTY OFFICE
Phone 910 - 814 -8360
Fax 910 - 814 -8362
Post Office Box 40
745 Shawtown Rd., Suite A
Lillington, NC 27546 -0040
Harnett County Commissioner representative Ursela McLean's term will expire on
February 28, 2013. Johnston - Lee - Harnett Community Action, Inc. would like to recommend the
reappointment of Ms. McLean to our Board of Directors.
We thank you for the representation on our governing board and trust that it will continue
this year. If you have any questions, please don't hesitate to contact me.
EMW /dw
Sincerely,
E. Marie Watson
Executive Director
UJa
AN EQUAL OPPORTUNITY EMPLOYER
UNITED WAY AGENCY
Agenda Item
December 11, 2012
Mr_ Ricky Teinple
RLT ConstrUction Company
111 Tasha Lane
Fuquay-Varina, North Carolina
27526
Re: Invoice: Professional Services
Inspection Site Inspection
Erwin 2" Water Line
Erwin; Harnett County North Carolina
EA Project.# 2012-046.1
Dear Mr. Temple,
Ed Aguirre & Associates, Inc. (EA) appreciates the opportunity to provide you with our
professional services for the above referenced. The dMount of this invoice is $950.00.
Please remit payment to our Raleigh North Carolina mailing address:
Ed Aguirre & Asscieiates, Inc.
1300 C Corporation Parkway
Raleigh,,Nortli Carolina
27610
If you have any questions concerning this invoice or require further assistance do not
hesitate to contact our office at (919) 605 4435 or at egaguirre@txlaguirre.coin
EIN Of 5,6-2111346
Terms: tzet 30 dayr; ] .5% thereaftar (li% 021nuallY)
PY
703 Kimbrough Street Raleigh, NC 27608 • Tel: (919) 605-4435
802 Keswick Road Colonial Heights, VA 23834 • www.edaguirre.com
12-20-2012 14:19 PAGE2
IRR
ASSOCIATES, INC.
December 11, 2012
Mr. Ricky Temple
RLT Construction Company
111 Tasha Lane
Fuquay- Varina, North Carolina
27526
Re: Site Inspection Services
Erwin 3" Water line
E Street @ 9tn Street
Erwin, Harnett County, North Carolina
EA Project # 2012 -048
Dear Mr. Temple,
Ed Aguirre & Associates, Inc. (EA) appreciates the opportunity to provide you with our professional
services at the above referenced site. At your request EA has inspected a 3" steel water line section
obtained and cut from E Street @ 9th Street, Erwin, Harnett County, North Carolina. The interior of the
pipe was covered with a hard oxidized scale material. EA removed the scale from the inside of the pipe
section. A total of 1.5 pounds of scale was removed from a 2 foot water line section. The scale appears to
be an accumulation of oxidized metals and sludge. (See attached photograph)
The scale was collected in accordance with EPA Protocol, placed in laboratory prepared containers,
packed in ice and transported under chain of custody to an EPA/NC certified for analysis. The sample was
analyzed for Full TCLP for metals, volatile organic compounds, semi - volatile compounds, pesticides,
herbicides by EPA Methods 7470A, 6010B, 8260B, 8270C, 8081A, and 8151A respectively. The results
of the laboratory results indicate below detection limits for toxic constituents. Laboratory analytical
results are attached.
If you have any questions concerning this information or require further assistance, do not hesitate to
contact our office at (919) 605 -4435 or via e -mail at egaguirre @edaguirre.com
Sincerely,
Ed Aguirre & Associates, Inc.
Edward G. Aguirre, P.
President
703 Kimbrough Street c Raleigh, NC 27608 e Tel: (919) 605 -4435
802 Keswick Road c Colonial heights, VA 23834 Q www.edaguirre.corn
Photo # 1 View 2' Water Line
ESC
L•A•B S•C•I•E.N•C E•B
YOUR iiAE q.. I E:
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1- 800-767 -5859
Fax (615) 758 -5859
Tax I.D. 62- 0814289
Est. 1970
Mr. Ed Aguirre
Ed Aguirre & Associates
4501 New Bern Ave, Ste 130, # 348
Raleigh, NC 27610 -1550
Report Summary
Monday December 10, 2012
Report Number: L608275
Samples Received: 11/29/12
Client Project: 2012 -048
Description: Erwin Water Line
The analytical results in this report are based upon information supplied
by you, the client, and are for your exclusive use. If you have any
questions regarding this data package, please do not hesitate to call.
Entire Report Reviewed By:
Laboratory Certification Numbers
A2LA - 1461 -01, AIHA - 100
FL - E87487, GA - 923, IN
NC - ENV375 /DW21704 /BI0041
SC - 84004, TN - 2006, VA
MN - 047 - 999 -395, NY - 117
TX - T104704245 -11 -3, OK -
1;;
14.4...4.
410111!
T. Alan Harvill , ESC Representative
789, AL - 40660, CA - 01157CA, CT - PH -0197
C- TN -01, KY - 90010, KYUST - 0016,
ND - R -140. NJ - TN002, NJ NELAP - TN002,
460132, WV - 233, AZ - 0612,
42, WI - 998093910, NV - TN000032011 -1,
9915, PA - 68- 02979, IA Lab #364
Accreditation is only applicable to the test methods specified on each scope of accreditation held
by ESC Lab Sciences. Note: The use of the preparatory EPA Method 3511 is not approved or endorsed by the CA ELAP.
This report may not be reproduced, except in full, without written approval from ESC Lab Sciences.
Where applicable, sampling conducted by ESC is performed per guidance provided
in laboratory standard operating procedures: 060302, 060303, and 060304.
Page 1 of 13
ESC
L•A.e s.C'(•E•N'C'E•B
le'OuR;i. AS OF CHO1CG.;
Mr. Ed Aguirre
Ed Aguirre & Associates
4501 New Bern Ave, Ste 130, # 348
Raleigh, NC 27610 -1550
Date Received
Description
Sample ID
Collected By •
Collection Date :
Parameter
TCLP Extraction
Mercury
Arsenic
Barium
Cadmium
Chromium
Lead
Selenium
Silver
November 29, 2012
Erwin Water Line
S #1
Edward G. Aguirre
11/28/12 10:00
TCLP ZHE Extraction
TCLP Volatiles
Benzene
Carbon tetrachloride
Chlorobenzene
Chloroform
1,2- Dichloroethane
1,1- Dichloroethene
2- Butanone (MEK)
Tetrachloroethene
Trichloroethene
Vinyl chloride
Surrogate Recovery
Toluene -d8
Dibromofluoromethane
a, a, a- Trifluorotoluene
4- Bromofluorobenzene
TCLP Pesticides
Chlordane
Endrin
Heptachlor
Liridane
Methoxychlor
Toxaphene
Surrogate Recovery
Decachlorobiphenyl
Tetrachloro- m- xylene
TCLP Herbicides
REPORT OF ANALYSIS
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1 -800 -767 -5859
Fax (615) 758 -5859
Tax I.D. 62- 0814289
Est. 1970
December 10,2012
ESC Sample # : L608275 -01
Site ID : ERWIN, NC
Project : 2012 -048
Result Det. Limit Units Limit Method Date /Time By Dil
1311 12/01/12 0723 MVE 1
BDL 0.0010 mg /1 0.20 7470A 12/02/12 0911 CDC 1
BDL 0.050 mg /1 5.0 6010B 12/02/12 1353 ALT 1
BDL 0.15 mg /1 100 6010E 12/02/12 1353 ALT 1
BDL 0.050 mg /1 1.0 6010B 12/02/12 1353 ALT 1
BDL 0.050 mg /1 5.0 6010B 12/02/12 1353 ALT 1
BDL 0.050 mg /1 5.0 6010B 12/02/12 1353 ALT 1
BDL 0.050 mg /1 1.0 6010B 12/02/12 1353 ALT 1
BDL 0.050 mg /1 5.0 6010B 12/02/12 1353 ALT 1
1311 12/01/12 0730 MVE 1
BDL 0.050 mg /1 0.50 8260B 12/02/12 0034 JMM 1
BDL 0.050 mg /1 0.50 8260E 12/02/12 0034 JMM 1
BDL 0.050 mg /1 100 82605 12/02/12 0034 JMM 1
BDL 0.25 mg /1 6.0 8260B 12/02/12 0034 JMM 1
BDL 0.050 mg /1 0.50 8260B 12/02/12 0034 JMM 1
BDL 0.050 mg /1 0.70 8260B 12/02/12 0034 JMM 1
BDL 0.50 mg /1 200 8260B 12/02/12 0034 JMM 1
BDL 0.050 mg /1 0.70 8260B 12/02/12 0034 JMM 1
BDL 0.050 mg /1 0.50 8260B 12/02/12 0034 JMM 1
BDL 0.050 mg /1 0.20 8260B 12/02/12 0034 JMM 1
101. 5 Rec. 114. 8260B 12/02/12 0034 JMM 1
97.5 5 Rec. 125. 8260B 12/02/12 0034 JMM 1
102. 5 Rec. 114. 8260B 12/02/12 0034 JMM 1
92.0 °s Rec. 128. 8260B 12/02/12 0034 JMM 1
BDL 0.0050 mg /1 0.030 8081A 12/07/12 1636 CBB 1
BDL 0.0050 mg /1 0.020 8081A 12/07/12 1636 CBB 1
BDL 0.0050 mg /1 0.0080 8081A 12/07/12 1636 CBB 1
BDL 0.0050 mg /1 0.40 8081A 12/07/12 1636 CBB 1
BDL 0.0050 mg /1 10. 8081A 12/07/12 1636 CBB 1
BDL 0.010 mg /1 0.50 8081A 12/07/12 1636 CBB 1
75.9 6 Rec. 123. 8081A 12/07/12 1636 CBB 1
63.5 5 Rec. 114. 8081A 12/07/12 1636 CBB 1
Page 2 of 13
ESC
L •A•B s•C•I•E•N•C•E•S
CE
Mr. Ed Aguirre
Ed Aguirre & Associates
4501 New Bern Ave, Ste 130, # 348
Raleigh, NC 27610 -1550
Date Received
Description
Sample ID
Collected By .
Collection Date :
Parameter
November 29, 2012
Erwin Water Line
S #1
Edward G. Aguirre
11/28/12 10:00
2,4,5 -TP (Silvex)
2,4 -D
Surrogate Recovery
2,4- Dichlorophenyl Acetic Acid
TCLP Semi - Volatiles
1,4- Dichlorobenzene
2,4- Dinitrotoluene
Hexachlorobenzene
Hexachloro -1,3- butadiene
Hexachloroethane
Nitrobenzene
Pyridine
3 &4- Methyl Phenol
2- Methylphenol
Pentachlorophenol
2,4,5 - Trichlorophenol
2,4,6 - Trichlorophenol
Surrogate Recovery
2- Fluorophenol
Phenol -d5
Nitrobenzene -d5
2- Fluorobiphenyl
2,4,6- Tribromophenol
p- Terphenyl -d14
REPORT OF ANALYSIS
Result
BDL
BDL
79.8
12065 Lebanon Rd.
Mt, Juliet, TN 37122
615) 758 -5858
1 -600- 767 -5859
Fax (615) 75B -5859
Tax I.D. 62- 0814289
Est. 1970
December 10,2 012
ESC Sample # : L608275 -01
Site ID : ERWIN, NC
Project : 2012 -048
Det. Limit Units Limit Method Date /Time By Dil
0.0020 mg /1 1.0 8151A 12/07/12 0044 KLM 1
0.0020 mg /1 10. 8151A 12/07/12 0044 KLM 1
Rec. 8151A 12/07/12 0044 KLM 1
BDL 0.10 mg /1 7.5 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 0.13 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 0.13 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 0.50 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 3.0 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 2.0 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 5.0 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 400 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 200 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 100 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 400 8270C 12/05/12 1327 ADF 1
BDL 0.10 mg /1 2.0 8270C 12/05/12 1327 ADF 1
21.5 % Rec. 87.0 8270C 12/05/12 1327 ADF 1
11.1 % Rec. 67.0 8270C 12/05/12 1327 ADF 1
53.5 % Rec. 120. 8270C 12/05/12 1327 ADF 1
53.5 % Rec. 122. 8270C 12/05/12 1327 ADF 1
53.2 % Rec. 148. 82700 12/05/12 1327 ADF 1
54.4 % Rec. 149. 8270C 12/05/12 1327 ADF 1
BDL - Below Detection Limit
Det. Limit - Estimated Quantitation Limit(EQL)
Limit - Maximum Contaminant Level as established by the US EPA
Note:
The reported analytical results relate only to the sample submitted.
This report shall not be reproduced, except in full, without the written approval from ESC.
Reported: 12/10/12 16:52 Printed: 12/10/12 16:53
Page 3 of 13
Sample Work
Number Group
L608275 -01
Attachment A
List of Analytes with QC Qualifiers
Sample
Type Analyte
WG625745 SAMP Carbon tetrachloride
WG625745 SAMP Chloroform
WG625745 SAMP 1,1- Dichloroethene
WG625745 SAMP 2- Butanone (MEK)
WG625745 SAMP Vinyl chloride
Run
ID Qualifier
R2462377 J3
R2462377 J3
R2462377 J3
R2462377 J3
R2462377 J3
Page 4 of 13
Attachment B
Explanation of QC Qualifier Codes
Qualifier Meaning
J3 The associated batch QC was outside the established quality control range
for precision.
Qualifier Report Information
ESC utilizes sample and result qualifiers as set forth by the EPA Contract Laboratory Program and
as required by most certifying bodies including NELAC. In addition to the EPA qualifiers adopted
by ESC, we have implemented ESC qualifiers to provide more information pertaining to our analytical
results. Each qualifier is designated in the qualifier explanation as either EPA or ESC.
Data qualifiers are intended to provide the ESC client with more detailed information concerning
the potential bias of reported data. Because of the wide range of constituents and variety of
matrices incorporated by most EPA methods,it is common for some compounds to fall outside of
established ranges. These exceptions are evaluated and all reported data is valid and useable
unless qualified as 'R' (Rejected)."
Definitions
Accuracy - The relationship of the observed value of a known sample to the
true value of a known sample. Represented by percent recovery and
relevant to samples such as: control samples, matrix spike recoveries,
surrogate recoveries, etc.
Precision - The agreement between a set of samples or between duplicate samples.
Relates to how close together the results are and is represented by
Relative Percent Differrence.
Surrogate - Organic compounds that are similar in chemical composition, extraction,
and chromotography to analytes of interest. The surrogates are used to
determine the probable response of the group of analytes that are chem-
ically related to the surrogate compound. Surrogates are added to the
sample and carried through all stages of preparation and analyses.
TIC - Tentatively Identified Compound: Compounds detected in samples that are
not target compounds, internal standards, system monitoring compounds,
or surrogates.
Page 5 of 13
Summary of Remarks For Samples Printed
12/10/12 at 16:53:14
TSR Signing Reports: 350
R5 - Desired TAT
DO NOT APPROVE without accounting's OK Paperless client; Shipping = $40
Sample: L608275 -01 Account: AGUIRE Received: 11/29/12 09:00 Due Date: 12/10/12 00:00 RPT Date: 12/10/12 16:52
ESC
L•A•B s•C•1•E•N•C•E•5
XOUR. AB '•
Ed Aguirre & Associates
Mr. Ed Aguirre
4501 New Bern Ave, Ste 130, ii 348 Quality Assurance Report
Level II
Raleigh, NC 27610 -1550 December 10, 2012
L608275
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1- 800 -767 -5859
Fax (615) 758 -5859
Tax I.D. 62- 0814289
Est. 1970
Analyte
Mercury
Laboratory Blank
Result Units % Rec Limit Batch Date Analyzed
001 mg /1 WG625793 12/02/12 08:40
Arsenic < .05 mg /1 WG625843 12/02/12 13:18
Barium < .15 mg /1 W0625843 12/02/12 13:18
Cadmium < .05 mg /1 WG625843 12/02/12 13:18
Chromium < .05 mg /1 WG625843 12/02/12 13:18
Lead c .05 mg /1 WG625843 12/02/12 13:18
Selenium < .05 mg /1 WG625843 12/02/12 13:18
Silver < .05 mg /1 WG625843 12/02/12 13:18
1,1- Dichloroethene < .05 mg /1 W0625745 12 /01/12 23:10
1,2- Dichloroethane < .05 mg /1 WG625745 12/01/12 23:10
2- Butanone (MEK) < .5 mg /1 WG625745 12/01/12 23:10
Benzene c .05 mg /1 WG625745 12/01/12 23:10
Carbon tetrachloride < .05 mg /1 WG625745 12/01/12 23:10
Chlorobenzene c .05 mg /1 WG625745 12/01/12 23:10
Chloroform < .25 mg /1 WG625745 12/01/12 23:10
Tetrachloroethene c .05 mg /1 WG625745 12/01/12 23:10
Trichloroethene < .05 mg /1 WG625745 12/01/12 23:10
Vinyl chloride c .05 mg /1 W0625745 12/01/12 23:10
4- Bromofluorobenzene % Rec. 93.81 82 -120 WG625745 12/01/12 23:10
Dibromofluoromethane % Rec. 101.2 82 -126 WG625745 12/01/12 23:10
Toluene -d8 % Rec. 102.5 92 -112 WG625745 12/01/12 23:10
a, a,a- Trifluorotoluene % Rec. 98.92 90 -116 WG625745 12/01/12 23:10
1,4- Dichlorobenzene < .1 mg /1 WG625876 12/05/12 13:04
2,4,5-Trichlorophenol < .1 mg /1 W0625876 12/05/12 13:04
2,4,6- Trichlorophenol < .1 mg /1 WG625876 12/05/12 13:04
2,4-Dinitrotoluene < .1 mg /1 WG625876 12/05/12 13:04
2- Methylphenol < .1 mg /1 WG625876 12/05/12 13:04
3 &4- Methyl Phenol < .1 mg /1 WG625876 12/05/12 13:04
Hexachloro -1,3- butadiene < .1 mg /1 WG625876 12/05/12 13:04
Hexachlorobenzene < .1 mg /1 WG625876 12/05/12 13:04
Hexachloroethane < .1 mg /1 WG625876 12/05/12 13 :04
Nitrobenzene c .1 mg /1 WG625876 12/05/12 13:04
Pentachlorophenol < .1 mg /1 W0625876 12/05/12 13:04
Pyridine < .1 mg /1 W0625876 12/05/12 13:04
2,4,6 - Tribromophenol % Rec. 66.00 16 -147 WG625876 12/05/12 13:04
2-Fluorobiphenyl % Rec. 62.90 29 -127 WG625876 12/05/12 13:04
2- Fluorophenol % Rec. 43.90 10 -75 WG625876 12/05/12 13:04
Nitrobenzene -d5 % Rec. 60.90 17 -119 WG625876 12/05/12 13:04
Phenol -d5 % Rec. 34.80 10 -63 WG625876 12/05/12 13:04
p- Terphenyl -d14 % Rec. 59.80 40 -174 WG625876 12/05/12 13:04
Chlordane < .005 mg/1 WG626619 12/07/12 11:23
Endrin < .005 mg /1 WG626619 12/07/12 11:23
Lindane < .005 mg /1 WG626619 12/07/12 11:23
Heptachlor < .005 mg /1 WG626619 12/07/12 11:23
Methoxychlor < .005 mg /1 WG626619 12/07/12 11:23
Toxaphene < .005 mg /1 WG626619 12/07/12 11:23
Decachlorobiphenyl % Rec. 79.20 10 -123 WG626619 12/07/12 11:23
Tetrachloro- m- xylene % Rec. 67.60 15 -114 W0626619 12/07/12 11:23
2,4,5-TP ( Silvex) < .002 mg /1
Performance of this Analyte is outside of established criteria.
For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.'
Page 6 of 13
WG626247 12/06/12 23:53
ESC
L•A•E S•C•I•E•N•CE•S
OICE
Ed Aguirre & Associates
Mr. Ed Aguirre
4501 New Bern Ave, Ste 130, # 348 Quality Assurance Report
Level II
Raleigh, NC 27610 -1550
L608275
Laboratory Blank
Analyte Result Units % Rec
2,4 -D
2,4- Dichlorophenyl Acetic Acid
Analyte
Mercury
Limit
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1 -800- 767 -5859
Fax (615) 758 -5859
Tax I.D. 62- 0814289
Est. 1970
December 10, 2012
Batch Date Analyzed
002 mg /1 WG626247 12/06/12 23:53
Rec. 83.70 45.6 -117 WG626247 12/06/12 23:53
Duplicate
Units Result Duplicate RPD Limit Ref Samp Batch
mg /1 0 0.0000185 11.8 20 L608365 -01 WG625793
Arsenic mg /1 0 0 0 20 L608437 -02 WG625843
Barium mg /1 0.940 0.940 0 20 L608437 -02 WG625843
Cadmium mg /1 0 0 0 20 L608437 -02 WG625843
Chromium mg /1 0 0 0 20 L608437 -02 WG625843
Lead mg /1 0 0 0 20 1,608437 -02 WG625843
Selenium mg /1 0 0 0 20 L608437 -02 WG625843
Silver mg /1 0 0 0 20 L608437 -02 WG625843
Laboratory Control Sample
Analyte Units Known Val Result % Rec Limit Batch
Mercury mg /1 .003 0.00308 103. 85 -115 WG625793
Arsenic mg /1 1.11 1.16 105. 85 -115 WG625843
Barium mg /1 1.11 1.13 102. 85-115 WG625843
Cadmium mg /1 1.11 1.10 99.1 85-115 WG625843
Chromium mg /1 1.11 1.13 102. 85 -115 WG625843
Lead mg /1 1.11 1.15 104. 85 -115 WG625843
Selenium mg /1 1.11 1.19 107. 85-115 WG625843
Silver mg /1 1.11 1.13 102. 85 -115 WG625843
1,1- Dichloroethene mg /1 .025 0.0218 87.3 54 -134 WG625745
1,2- Dichloroethane mg /1 .025 0.0237 94.7 69 -128 WG625745
2- Butanone (MEK) mg /1 .125 0.156 125. 58 -144 WG625745
Benzene mg /1 .025 0.0223 89.1 72 -119 WG625745
Carbon tetrachloride mg /1 .025 0.0221 88.5 63 -129 WG625745
Chlorobenzene mg /1 .025 0.0225 90.0 78 -123 WG625745
Chloroform mg /1 .025 0.0230 92.0 76 -122 WG625745
Tetrachloroethene mg /1 .025 0.0227 90.7 69 -131 WG625745
Trichloroethene mg /1 .025 0.0233 93.3 75 -121 WG625745
Vinyl chloride mg /1 .025 0.0240 95.9 55 -142 WG625745
4-Bromofluorobenzene 88.09 82 -120 WG625745
Dibromofluoromethane 103.2 82 -126 WG625745
Toluene -d8 102.1 92 -112 WG625745
a,a,a-Trifluorotoluene 98.39 90 -116 WG625745
1,4- Dichlorobenzene mg /1 .01 0.00341 34.1 15 -129 WG625876
2,4,5-Trichlorophenol mg /1 .01 0.00422 42.2 12 -154 WG625876
2,4,6- Trichlorophenol mg /1 .01 0.00439 43.9 12 -147 WG625876
2,4- Dinitrotoluene mg /1 .01 0.00421 42.1 30 -168 WG625876
2- Methylphenol mg /1 .01 0.00392 39.2 19 -122 WG625876
3 &4- Methyl Phenol mg /1 .01 0.00450 45.0 11 -132 WG625876
Hexachloro -1,3- butadiene mg /1 .01 0.00405 40.5 18 -136 WG625876
Hexachlorobenzene mg /1 .01 0.00417 41.7 38 -163 WG625876
Hexachloroethane mg /1 .01 0.00375 37.5 10 -130 WG625876
Nitrobenzene mg /1 .01 0.00428 42.8 22 -154 WG625876
Pentachlorophenol mg /1 .01 0.00290 29.0 10 -128 WG625876
Performance of this Analyte is outside of established criteria.
For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.'
Page 7 of 13
L•A• B
ESC
s•C• I•E•N•C•E•s
H ;p I CE
Ed Aguirre & Associates
Mr. Ed Aguirre
4501 New Bern Ave, Ste 130, # 348
Raleigh, NC 27610 -1550
Quality Assurance Report
Level II
L608275
Laboratory Control Sample
Analyte Units Known Val Result Rec
Pyridine mg /1 .01 0.00276 27.6
2,4,6 - Tribromophenol 47.40
2- Fluorobiphenyl 47.10
2- Fluorophenol 32.70
Nitrobenzene -d5 47.50
Phenol -d5 25.00
p- Terphenyl -d14 45.30
Endrin mg /1 .0002 0.000144 72.2
Lindane mg /1 .0002 0.000137 68.7
Heptachlor mg /1 .0002 0.000143 71.3
Methoxychlor mg /1 .0002 0.000174 86.8
Decachlorobiphenyl 71.20
Tetrachloro- m- xylene 67.60
2,4,5 -TP (Silvex) mg /1 .005 0.00447 89.3
2,4 -D mg /1 .005 0.00406 81.2
2,4- Dichlorophenyl Acetic Acid 107.1 _
Laboratory Control Sample Duplicate
Analyte Units Result Ref %Rec Limit
1,1-Dichloroethene mg /1 0.0237 0.0218 95.0 54 -134
1,2- Dichloroethane mg /1 0.0255 0.0237 102. 69 -128
2- Butanone (MEK) mg /1 0.154 0.156 123. 58 -144
Benzene mg /1 0.0242 0.0223 97.0 72-119
Carbon tetrachloride mg /1 0.0241 0.0221 96.0 63 -129
Chlorobenzene mg /1 0.0245 0.0225 98.0 78 -123
Chloroform mg /1 0.0252 0.0230 101. 76 -122
Tetrachloroethene mg /1 0.0249 0.0227 99.0 69 -131
Trichloroethene mg /1 0.0249 0.0233 100. 75 -121
Vinyl chloride mg /1 0.0258 0.0240 103. 55 -142
4- Bromofluorobenzene 86.91 82 -120
Dibromofluoromethane 103.4 82 -126
Toluene -d8 100.4 92 -112
a,a,a- Trifluorotoluene 97.15 90 -116
1,4- Dichlorobenzene mg /1 0.00426 0.00341 43.0 15 -129
2,4,5 - Trichlorophenol mg /1 0.00584 0.00422 58.0 12 -154
2,4,6 - Trichlorophenol mg /1 0.00566 0.00439 56.0 12 -147
2,4- Dinitrotoluene mg /1 0.00485 0.00421 48.0 30 -168
2- Methylphenol mg /1 0.00402 0.00392 40.0 19 -122
3 &4- Methyl Phenol mg /1 0.00456 0.00450 46.0 11 -132
Hexachloro -1,3- butadiene mg /1 0.00502 0.00405 50.0 18 -136
Hexachlorobenzene mg /1 0.00564 0.00417 56.0 38 -163
Hexachloroethane mg /1 0.00432 0.00375 43.0 10 -130
Nitrobenzene mg /1 0.00545 0.00428 54.0 22 -154
Pentachlorophenol mg /1 0.00341 0.00290 34.0 10 -128
Pyridine mg /1 0.00327 0.00276 33.0 10 -74
2,4,6 - Tribromophenol 60.20 16 -147
2- Fluorobiphenyl 59.90 29 -127
2- Fluorophenol 38.80 10 -75
Nitrobenzene -d5 60.30 17 -119
Phenol -d5 25.40 10 -63
p- Terphenyl -d14 54.60 40 -174
Performance of this Analyte is outside of established criteria.
For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.'
Page 8 of 13
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1 -800- 767 -5859
Fax (615) 758 -5859
Tax I.D. 62- 0814289
Est. 1970
December 10, 2012
Limit Batch
10 -74 WG625876
16 -147 WG625876
29 -127 WG625876
10 -75 WG625876
17 -119 WG625876
10 -63 WG625876
40 -174 WG625876
60 -123
35 -114
10 -131
66 -122
10 -123
15 -114
WG626619
WG626619
WG626619
WG626619
WG626619
WG626619
53.6 -122 WG626247
47.4 -113 WG626247
45.6 -117 WG626247
RPD Limit Batch
8.37 20 WG625745
7.30 20 WG625745
1.43 20 WG625745
8.15 20 WG625745
8.38 20 WG625745
B.53 20 WG625745
9.22 20 WG625745
9.16 20 WG625745
6.74 20 WG625745
7.41 20 WG625745
WG625745
WG625745
WG625745
WG625745
22.3 25 WG625876
32.2* 27 WG625876
25.2 29 WG625876
14.2 20 WG625876
2.54 20 WG625876
1.23 20 WG625876
21.5 22 WG625876
29.9* 20 WG625876
14.2 25 WG625876
24.2* 20 WG625876
16.1 40 WG625876
17.0 36 WG625876
WG625876
WG625876
WG625876
WG625876
WG625876
WG625876
ESC
i•A•B 5•C- I•E,ht•C•E•B
Ed Aguirre & Associates
Mr. Ed Aguirre
4501 New Bern Ave, Ste 130,
Raleigh, NC 27610 -1550
Analyte
6 348 Quality Assurance Report
Level II
L608275
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1 -800- 767 -5859
Fax (615) 758 -5859
Tax I.D. 62- 0814289
Est. 1970
December 10, 2012
Laboratory Control Sample Duplicate
Units Result Ref %Rec Limit RPD Limit Batch
Endrin mg /1 0.000143 0.000144 72.0 60 -123 0.910 20 WG626619
Lindane mg /1 0.000138 0.000137 69.0 35 -114 0.780 30 WG626619
Heptachlor mg /1 0.000144 0.000143 72.0 10 -131 0.920 28 80626619
Methoxychlor mg /1 0.000177 0.000174 88.0 66 -122 1.76 20 WG626619
Decachlorobiphenyl 72.00 10 -123 WG626619
Tetrachloro- m- xylene 67.50 15 -114 WG626619
2,4,5 -TP ( Silvex)
2,4 -D
2,4- Dichlorophenyl Acetic Acid
Analyte
mg /1 0.00384 0.00447 77.0 53.6 -122 15.1 20 WG626247
mg /1 0.00390 0.00406 78.0 47.4 -113 4.05 20 WG626247
104.8 45.6 -117 WG626247
Matrix Spike
Units MS Res Ref Res TV % Rec Limit Ref Samp Batch
Mercury mg /1 0.00304 0.0000185 .003 101. 80 -120 L608365 -01 WG625793
Mercury mg /1 0.00315 0.0000278 .003 104. 80 -120 L608373 -02 80625793
Arsenic mg /1 1.14 0 1.11 103. 75 -125 L608437 -02 WG625843
Barium mg /1 2.06 0.940 1.11 101. 75 -125 L608437 -02 WG625843
Cadmium mg /1 1.10 0 1.11 99.1 75 -125 L608437 -02 WG625843
Chromium mg /1 1.13 0 1.11 102. 75 -125 L608437 -02 W0625843
Lead mg /1 1.11 0 1.11 100. 75 -125 0608437 -02 WG625843
Selenium mg /1 1.22 0 1.11 110. 75-125 0608437 -02 80625843
Silver mg /1 1.15 0 1.11 104. 75 -125 L608437 -02 WG625843
1,1- Dichloroethene mg /1 0.957 0 1.25 76.6 32 -152 L608275 -01 WG625745
1,2- Dichloroethane mg /1 1.09 0 1.25 87.0 59 -135 L608275 -01 WG625745
2- Butanone (MBE) m9/1 3.99 0 6.25 63.8 51 -149 L608275 -01 80625745
Benzene mg /1 0.990 0 1.25 79.2 51 -134 L608275 -01 WG625745
Carbon tetrachloride mg /1 0.932 0 1.25 74.5 49 -140 L608275 -01 WG625745
Chlorobenzene mg /1 1.06 0 1.25 85.1 69 -126 L608275 -01 W0625745
Chloroform mg /1 1.04 0 1.25 82.9 64 -130 0608275 -01 80625745
Tetrachloroethene mg /1 1.03 0 1.25 82.3 56 -139 L608275 -01 W0625745
Trichloroethene mg /1 1.03 0 1.25 82.3 40 -155 L608275 -01 80625745
Vinyl chloride mg /1 1.07 0 1.25 85.6 32 -159 L608275 -01 WG625745
4- Bromofluorobenzene 89.35 82 -120 WG625745
Dibromofluoromethane 99.01 82 -126 WG625745
Toluene -d8 100.2 92 -112 8G625745
a,a,a- Trifluorotoluene 98.79 90 -116 WG625745
1,1- Dichloroethene mg /1 0.906 0 1.25 72.5 32 -152 L608398 -02 WG625745
1,2- Dichloroethane mg /1 1.03 0 1.25 82.1 59 -135 0608398 -02 WG625745
2- Butanone (MEK) mg /1 9.31 5.40 6.25 62.6 51 -149 L608398 -02 WG625745
Benzene mg /1 0.962 0 1.25 76.9 51 -134 L608398 -02 WG625745
Carbon tetrachloride mg /1 0.887 0 1.25 70.9 49 -140 L608398 -02 WG625745
Chlorobenzene mg /1 1.07 0 1.25 85.2 69 -126 L608398 -02 WG625745
Chloroform mg /1 0.965 0 1.25 77.2 64 -130 L608398 -02 WG625745
Tetrachloroethene mg /1 1.01 0 1.25 80.9 56 -139 L608398 -02 WG625745
Trichloroethene mg /1 1.00 0 1.25 80.1 40-155 L608398 -02 80625745
Vinyl chloride mg /1 1.01 0 1.25 80.6 32 -159 L608398 -02 WG625745
4- Bromofluorobenzene 94.21 82 -120 WG625745
Dibromofluoromethane 96.31 82 -126 WG625745
Toluene -d8 102.0 92 -112 WG625745
a,a,a- Trifluorotoluene 98.51 90 -116 WG625745
Performance of this Analyte is outside of established criteria.
For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.'
Page 9 of 13
A. OF CHOICE:.
ESC
LA' 6 S•C•I•E•N•C•E•S
Ed Aguirre & Associates
Mr. Ed Aguirre
4501 New Bern Ave, Ste 130, # 348
Raleigh, NC 27610 -1550
Analyte
Quality Assurance Report
Level II
L608275
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1 -800- 767 -5859
Fax (615) 758 -5859
Tax I.D. 62- 0814289
Est. 1970
December 10, 2012
Matrix Spike
Units MS Res Ref Res TV % Rec Limit Ref Samp Batch
1,4-Dichlorobenzene mg /1 0.0584 0 .1 58.4 28-95 1608275 -01 WG625876
2,4,5 - Trichlorophenol mg /1 0.0752 0 .1 75.2 27 -143 L608275 -01 WG625876
2,4,6 - Trichlorophenol mg /1 0.0776 0 .1 77.6 14 -145 L608275 -01 WG625876
2,4- Dinitrotoluene mg /1 0.0696 0 .1 69.6 48 -133 L608275 -01 80625876
2- Methylphenol mg /1 0.0363 0 .1 36.3 10 -104 L608275 -01 WG625876
3 &4- Methyl Phenol mg /1 0.0346 0 .1 34.6 10 -136 L608275 -01 80625876
Hexachloro -1,3- butadiene mg /1 0.0650 0 .1 65.0 32-120 L608275 -01 WG625876
Hexachlorobenzene mg /1 0.0709 0 .1 70.9 48 -126 L608275 -01 80625876
Hexachloroethane mg /1 0.0549 0 .1 54.9 10 -121 L608275 -01 80625876
Nitrobenzene mg /1 0.0746 0 .1 74.6 36 -110 L608275 -01 WG625876
Pentachlorophenol mg /1 0.0595 0 .1 59.5 10 -152 L608275 -01 WG625876
Pyridine mg /1 0.0318 0 .1 31.8 10 -64 L608275 -01 WG625876
2,4,6 - Tribromophenol 82.70 16 -147 WG625876
2- Fluorobiphenyl 75.80 29 -127 WG625876
2- Fluorophenol 27.40 10 -75 WG625876
Nitrobenzene -d5 73.30 17 -119 80625876
Phenol -d5 14.50 10 -63 WG625876
p- Terphenyl -d14 76.00 40-174 WG625876
Endrin mg /1 0.00138 0 .002 68.8 36 -135 L608275 -01 80625619
Lindane mg /1 0.00123 0 .002 61.4 35 -114 L608275 -01 50625619
Heptachlor mg /1 0.00126 0 .002 63.2 10 -165 L608275 -01 8G526619
Methoxychlor mg /1 0.00161 0 .002 80.6 10 -147 L608275 -01 80626619
Decachlorobiphenyl 53.40 10 -123 WG626619
Tetrachloro- m- xylene 57.80 15-114 80626619
2,4,5 -TP ( Silvex) mg /1 0.0599 0 .05 120. 33 -134 L608665 -01 WG626247
2,4 -0) mg /1 0.0407 0 .05 81.3 24 -127 L608665 -01 WG626247
2,4- Dichlorophenyl Acetic Acid 109.0 45.6 -117 WG626247
Matrix Spike Duplicate
Analyte Units MSD Ref %Rec Limit RPD _ Limit Ref Samp Hatch
Mercury
Mercury
mg /1 0.00314 0.00304 104.
mg /1 0.00321 0.00315 106.
80 -120 3.12 20 L608365 -01 80625793
80 -120 2.12 20 L608373 -02 WG625793
Arsenic mg /1 1.13 1.14 102. 75 -125 0.881 20 L608437 -02 WG625843
Barium mg /1 2.01 2.06 96.4 75 -125 2.46 20 L608437 -02 WG625843
Cadmium mg /1 1.07 1.10 96.4 75 -125 2.76 20 L608437 -02 WG625843
Chromium mg /1 1.10 1.13 99.1 75 -125 2.69 20 L608437 -02 WG625843
Lead mg /1 1.09 1.11 98.2 75 -125 1.82 20 1608437 -02 80625843
Selenium mg /1 1.20 1.22 108. 75 -125 1.65 20 L608437 -02 WG625843
Silver mg /1 1.11 1.15 100. 75 -125 3.54 20 L608437 -02 80625843
1,1- Dichloroethene mg /1 1.19 0.957 95.5 32 -152 22.D* 20 L608275 -01 WG625745
1,2- Dichloroethane mg /1 1.33 1.09 106. 59 -135 19.6 20 L608275 -01 WG625745
2- Butanone (MEK) mg /1 5.03 3.99 80.4 51 -149 23.0* 22 L608275 -01 WG625745
Benzene mg /1 1.21 0.990 96.6 51-134 19.9 20 L608275 -01 W0625745
Carbon tetrachloride mg /1 1.15 0.932 91.8 49 -140 20.8* 20 L608275 -01 WG625745
Chlorobenzene mg /1 1.26 1.06 101. 69 -126 16.7 20 L608275 -01 WG625745
Chloroform mg /1 1.27 1.04 102. 64 -130 20.3* 20 1608275 -01 WG625745
Tetrachloroethene mg /1 1.22 1.03 97.7 56 -139 17.2 20 L608275 -01 WG625745
Trichloroethene mg /1 1.22 1.03 97.8 40 -155 17.2 20 L608275 -01 WG625745
Vinyl chloride mg /1 1.33 1.07 106. 32 -159 21.4* 21 L608275-01 WG625745
4- Bromofluorobenzene 89.53 82 -120 WG625745
Performance of this Analyte is outside of established criteria.
For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.'
Page 10 of 13
ESC
L•A•6 5•G•1•E•N•C•E•S
IC
Ed Aguirre & Associates
Mr. Ed Aguirre
4501 New Bern Ave, Ste 130, # 348
Raleigh, NC 27610 -1550
Analyte
Quality Assurance Report
Level II
L608275
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1- 800- 767 -5859
Fax (615) 758 -5859
Tax I.D, 62- 0814289
Est. 1970
December 10, 2012
Matrix Spike Duplicate
Units MSD Ref %Rec Limit RPD Limit Ref Samp Batch
Dibromofluoromethane 103.1 82 -126
Toluene -d8 101.1 92 -112
a, a,a- Trifluorotoluene 97.85 90 -116
1,1- Dichloroethene mg /1 1.25 0.906 100. 32 -152 32.2* 20 L608398 -02 WG625745
1,2- Dichloroethane mg /1 1.37 1.03 110. 59 -135 29.0* 20 L608398 -02 WG625745
2- Butanone (FEE mg /1 12.5 9.31 114. 51 -149 29.2* 22 L608398 -02 WG625745
Benzene mg /1 1.32 0.962 105. 51 -134 31.1* 20 L608398 -02 WG625745
Carbon tetrachloride mg /1 1.22 0.887 97.8 49 -140 31.8* 20 L608398 -02 WG625745
Chlorobenzene mg /1 1.41 1.07 113. 69 -126 27.9* 20 L608398 -02 WG625745
Chloroform mg /1 1.32 0.965 106. 64 -130 31.2* 20 L608398 -02 WG625745
Tetrachloroethene mg /1 1.34 1.01 107. 56 -139 27.8* 20 L608398 -02 WG625745
Trichloroethene mg /1 1.35 1.00 108. 40 -155 30.0* 20 L608398 -02 WG625745
Vinyl chloride mg /1 1.37 1.01 110. 32 -159 30.6* 21 L608398 -02 WG625745
4- Bromofluorobenzene 94.48 82 -120 WG625745
Dibromofluoromethane 100.6 82 -126 WG625745
Toluene -d8 103.3 92 -112 WG625745
a,a,a- Trifluorotoluene 98.56 90 -116 WG625745
1,4- Dichlorobenzene mg /1 0.0519 0.0584 51.9 28 -95 11.8 30 1,608275 -01 WG625876
2,4,5 - Trichlorophenol mg /1 0.0747 0.0752 74.7 27 -143 0.640 34 L608275 -01 WG625876
2,4,6 - Trichlorophenol mg /1 0.0719 0.0776 71.9 14 -145 7.56 39 L608275 -01 WG625876
2,4- Din1troto1uene mg /1 0.0671 0.0696 67.1 48 -133 3.62 21 L608275 -01 50625876
2- Methylphenol mg /1 0.0347 0.0363 34.7 10 -104 4.52 39 L608275 -01 WG625876
3 &4- Methyl Phenol mg /1 0.0344 0.0346 34.4 10 -136 0.630 29 0.608275 -01 WG625876
Hexachloro -1,3- butadiene mg /1 0.0574 0.0650 57.4 32 -120 12.4 24 L608275 -01 WG625876
Hexachlorobenzene mg /1 0.0660 0.0709 66.0 48-126 7.21 20 L608275 -01 WG625876
Hexachloroethane mg /1 0.0523 0.0549 52.3 10 -121 4.94 31 L608275 -01 50625876
Nitrobenzene mg /1 0.0659 0.0746 65.9 36 -110 12.3 24 L608275 -01 WG625876
Pentachlorophenol mg /1 0.0553 0.0595 55.3 10-152 7.34 40 L608275 -01 WG625876
Pyridine mg /1 0.0371 0.0318 37.0 10 -64 15.4 40 L608275 -01 WG625876
2,4,6- Tribromophenol 74.60 16 -147 WG625876
2- Fluorobiphenyl 77.80 29 -127 WG625876
2- Fluorophenol 24.30 10 -75 WG625876
Nitrobenzene -d5 71.10 17 -119 WG625876
Phenol -d5 13.80 10 -63 WG625876
p- Terphenyl -d14 69.10 40 -174 50625876
Endrin mg /1 0 00142 0.00138 71.1 36 -135 3.31 26 L608275 -01 WG626619
Lindane mg /1 0 00134 0.00123 67.0 35 -114 8.63 30 L608275 -01 WG626619
Heptachlor mg /1 0 00134 0.00126 67.2 10 -165 6.11 39 L608275 -01 WG626619
Methoxychlor mg /1 0 00152 0.00161 75.8 10 -147 6.08 40 L608275 -01 WG626619
Decachlorobiphenyl 75.00 10 -123 WG626619
Tetrachloro- m- xylene 63.20 15 -114 WG626619
2,4,5 -TP (Silvex)
2,4 -D
2,4- Dichlorophenyl Acetic Acid
mg /1 0.0505 0.0599 101. 33 -134 17.0 30 L608665 -01 WG626247
mg /1 0.0407 0.0407 81.4 24 -127 0.140 27 L608665 -01 WG626247
106.0 45.6 -117 WG626247
Serial Dilution
Batch number /Run number / Sample number cross reference
Performance of this Analyte is outside of established criteria.
For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.'
Page 11 of 13
ESC
L•A•B 5•C•I•E•N•C•E•5
YOUR, LA= •., ' HQICEi!
Ed Aguirre & Associates
Mr, Ed Aguirre
4501 New Bern Ave, Ste 130, # 348 Quality Assurance Report
Level II
Raleigh, NC 27610 -1550 December 10, 2012
L608275
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1 -800- 767 -5859
Fax (615) 758 -5859
Tax I.D. 62- 0814289
Est. '970
WG625793: R2461799: L608275 -01
W0625843: R2462080: L608275 -01
WG625588: R2462278: L608275 -01
WG625668: R2462280: L608275 -01
WG625745: R2462377: L608275 -01
W0625876: R2467541: L608275 -01
50626619: R2468860: L608275 -01
WG626247: R2471117: L608275 -01
Calculations are performed prior to rounding of reported values.
Performance of this Analyte is outside of established criteria.
For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.'
Page 12 of 13
ESC
L.A./3 S.C•)•E•N•C•E•S
OF CHOICE' + +.
Ed Aguirre & Associates
Mr. Ed Aguirre
4 501 New Bern Ave, Ste 130, # 348 Quality Assurance Report
Level II
Raleigh, NC 27610 -1550 December 10, 2012
L608275
12065 Lebanon Rd.
Mt. Juliet, TN 37122
615) 758 -5858
1 -800- 767 -5859
Fax (615) 758 -5859
Tax I.D. 62- 0814289
Est. 1970
The data package includes a summary of the analytic results of the quality
control samples required by the SW -846 or CWA methods. The quality control
samples include a method blank, a laboratory control sample, and the matrix
spike /matrix spike duplicate analysis. If a target parameter is outside
the method limits, every sample that is effected is flagged with the
appropriate qualifier in Appendix B of the analytic report.
Method Blank - an aliquot of reagent water carried through the
entire analytic process. The method blank results indicate if
any possible contamination exposure during the sample handling,
digestion or extraction process, and analysis. Concentrations of
target analytes above the reporting limit in the method blank are
qualified with the "B" qualifier.
Laboratory Control Sample - is a sample of known concentration
that is carried through the digestion /extraction and analysis
process. The percent recovery, expressed as a percentage of the
theoretical concentration, has statistical control limits
indicating that the analytic process is "in control ". If a
target analyte is outside the control limits for the laboratory
control sample or any other control sample, the parameter is
flagged with a "J4" qualifier for all effected samples.
Matrix Spike and Matrix Spike Duplicate - is two aliquots of an
environmental sample that is spiked with known concentrations of
target analytes. The percent recovery of the target analytes
also has statistical control limits. If any recoveries that are
outside the method control limits, the sample that was selected
for matrix spike /matrix spike duplicate analysis is flagged with
either a "J5" or a "J6 ". The relative percent difference (°%RPD)
between the matrix spike and the matrix spike duplicate
recoveries is all calculated. If the RPD is above the method
limit, the effected samples are flagged with a "J3" qualifier.
Pro‘
ect
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