1109200033
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Emergency Meeting/Special Meeting
November 9, 2000
• The Harnett County Board of Commissioners met in special session on Thursday,
November 9, 2000, in the County Administration Building, 102 East Front Street;
Lillington, North Carolina.
Members present: Dan B. Andrews, Chairman
Beatrice Bailey Hill, Vice Chairman
Joseph T. Bowden
Teddy J. Byrd
Walt Titchener
Staff present: Neil Emory, County Manager
Wm. A. (Tony) Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
David McRae, acting Public Utilities Attorney
Vanessa W. Young, Finance Officer
Kay S. Blanchard, Clerk to the Board
Chairman Andrews called the meeting to order at 3 p.m. and stated that the purpose of
the emergency meeting was to review and consider a change order regarding plumbing
Courthouse Pro j , work to be completed at the Harnett County Courthouse and Tax Office and Register
Plumbing Change of Deeds buildings project. The purpose of the special session is to consider matters
Order regarding Public Utilities projects.
Neil Emory, County Manager, presented for the Boards consideration a proposed
change order for C Construction Company, Inc. for installation of all plumbing
contract work including a fire sprinkler system. This proposed change order was
instigated because of RJW Construction Company's (RJW) failure to perform its
plumbing contract for the new County Courthouse project. As a result of this non-
performance by RJW, the County made a claim on the Performance Bond issued by
Amwest Surety Insurance Co. (Amwest). In negotiating the settlement of this claim
with Amwest it was determined that C Construction, the general contractor on the
Courthouse project, could complete the plumbing work for the original plumbing
contract price plus $138,396.00. Amwest found that the proposal by C Construction
to complete the plumbing contract at this price was reasonable and acceptable.
Amwest proposed to forward a draft to Harnett County for $138,396.00 in exchange
for the County's execution of a Release and Exoneration Agreement which would
release Amwest from any further liability on the Performance Bond No. 129001509.
This settlement proposal had been previously approved by the Board in closed session
on November 6, 2000. This settlement was announced at the open meeting of the
Board in this emergency/special meeting. The County Attorney has reviewed the
change order with C Construction which is in the total amount for the plumbing
contract work of $899,928.00. (Calculated as the original plumbing contract amount
with RJW construction of $761,532.00 plus the additional amount of $138,396.00 paid
by Amwest Surety totaling $899,928.00). Both the County Attorney and County
• Manager recommended approval of this change order. Commissioner Titchener
moved to authorize Assistant County Manager Wm. A. (Tony) Wilder to sign off on
the change order after check is received from the bonding company. Commissioner
Hill seconded the motion and it passed unanimously. (Attachment 1)
Wastewater Agree. Rodney Tart, Public Utilities Director and David McRae, acting Public Utilities
Town of Attorney, reviewed a proposed wastewater agreement with the Town of Lillington.
Lillington _
Commissioner Byrd moved to adopt the agreement with attached Wastewater
Pretreatment Ordinance. Commissioner Bowden seconded the motion and it passed
unanimously. (Agreement copied in full as attachment to November 20,
2000 minutes on page j"Q .)
MA
Wastewater Agree. Mr. Tart and Mr. McRae reviewed a proposed wastewater agreement with the Town of
Town of Fuquay-Varina. Commissioner Bowden moved to adopt the agreement with the
Fuquay-Varina Town of Fuquay-Varina contingent on Lillington approving the above mentioned
wastewater agreement with the County. Commissioner Hill seconded the motion and
it passed unanimously. (Attachment 2)
There being no further business, the Special Meeting/Emergency Meeting of the
Harnett County Board of Commissioners November 9, 2000 duly adjourned at 4 p.m.
•
Dan B. Andrews, Chairman
J. d
Kay S. Blanchard, Clerk to the Board
Attachment 1.
Chdnge Order
OWNER [ ]
ARCHITECT [ ]
CONTRACTOR []
AIA Document G701 -
FIELD ]
Electronic Format
OTHER[
[ ]
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
-
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
PROJECT:
•
(name, address)
CHANGE ORDER NUMBER: G-1
Hargett County Courthouse
and Tax Office & Register of Deeds Buildings
DATE: November 7, 2000
Lillington, N. C.
ARCHITECT'S PROJECT NO: A-723
TO CONTRACTOR: CONTRACT DATE: August 1, 2000
(name, address)
C Construction Company, Inc. CONTRACT FOR: General Contract Work
P. O. Box 159
Jacksonville, N. C. 28541-0159
The Contract is changed as follows:
1. Furnish and install all plumbing contract work including fire sprinkler system as described in the plumbing contract documents
including:
Sheets Ul, U2, U3; PI, P2, P3, P4, P5, P6, P7, PS, P9, P10, Pll, P12; FP1.0, FPl.I, FP1.2, FP13, FPIA; FP2.0" FF2.1, FP2.2, FP2.3, FP2A; FP3.0,
FP3.1; FP4.0, FP4.1; FP5.0
Addenda P-1 dated April 20, 2000;1 page +2 attachments
Addenda P-2 dated April 25, 2000; 3 pages+ 5 attachments -
Divisions 1 & 15A of the "Projed Manual for Harnelf County Courthouse & Tax OfJlce & Register of Deeds BuMngs, Harnett County
Governmental Compha4 LiNggtot, North Carolina, VeAunes 7 & 2,• Project #A-723" _
2. Relocate fire hydrant and valve shown in upper island in the parking lot next to the Tax and Deeds Building to the edge of pavement.
Extend 6" fire line piping from upper island in the parking lot all the way down to connect with piping for fire hydrant at lower end
of parkiug lot, making a loop. Add two 6" valves, as shown on sketch attached to memorandum from Progressive Design
Collaborative dated 6/29/2000.
3. Delete half of semi -circular building connector shown on the southeast side. Delete four (4) RD-1's and related piping labeled
"RDL" and "RD" inside connector. On exterior, delete roof drain piping labeled "RD" from building connector, all the way to CB
#16, and branches connecting to piping going to DV/6. Delete Note 7 on Sheet U-2. Change size from 6" to 4" in Note 3 on Sheet U-2
for (northwest) roof drain flue into Dl#6. Delete sprinkler heads and piping in half of connector.
4. The overall construction schedule for the courthouse project shall be extended by forty (40) calendar days from March 1, 2002 to
April 10, 2002. This extension of forty (40) days is a time extension only and said extension or the non-performance by RJW
Construction, Inc. of that plumbing contract dated 8/1/2000 shall not be the basis for any delay or additional overhead damage •
claims.
5. The scope of work in Change Order G-1 includes the amount of $22,600 which was previously approved in Change Order GI -A.
Execution of Change Order G-I will render Change Order Gl-A null and void.
6. In consideration of the above described scope of work, the contract amount is increased by $899,928.00.
7. The general contractor shall provide consent of surety indicating that the performance and payment bond limit has been increased to
$13,033,636,00.
IIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION - AIA • COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK
'LVENUE, N.W., WASHINGTON, D.C., 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This
locument was electronically produced with permission ofthe AIA and can be reproduced without violation until the date ofexpiration as noted below.
Electronic Format - G701-1987
User Document: A723GI.DOC -- 11/8/2000. AlA License Number 100579, which expires on 9/7/2001 -- Page #1
35
Not valid until signed by the Owner, Architect and Contractor.
The original (Contract Sum) was $
12,133,708.00
Net change by previously authorized Change Orders $
0.00
The (Contract Sum) (Guar-afiteed Maximum Priee) prior to this Change Order was $
12,133,708.00
The (Contract Sum) will be (increased) (deefeased)
(unchanged) by this Change Order in the amount of $
899,928.00
The new (Contract Sum) including this Change Order will be $
13,033,636.00
The Contract Time will be (increased) (deefease#) un d) by Forty ( 40 ) days.
The Date of Substantial Completion as of the date of this Change Order therefore is April 10, 2002.
NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed maximum Price which have
been authorized by Construction Change Directive.
•
ARCHITECT CONTRACTOR OWNER
Inc. County of Haroe
Mover, Lamm & Mghsmith, P.A. C Construction Company,tt
Address Address Address
P. O. Box 669 P.O. Box 159 P. O. Box 759
Wilson, N. C.27894-0669 Jacksonville, N. C. 28541-0159 LiBington, N. C.27546
BY:>r BY: BY:
DATE: `fl�� DATE: DATE:
Attachment 2.
NORTH CAROLINA,
HARNETT COUNTY AGREEMENT
THIS AGREEMENT is made and entered into this the day of April, 2000,
by and between the COUNTY OF HARNETT, a body politic, organized and existing under the
laws of the State of North Carolina (hereinafter referred to as "County"), and the TOWN OF
FUQUAY-VARINA, a municipal corporation organized and existing under the laws of the State
of North Carolina (hereinafter referred to as "Fuquay-Varina").
• WITNESSETH:
THAT WHEREAS, the parties desire for the construction of a wastewater interceptor line
for the delivery of wastewater from Fuquay-Varina's current wastewater treatment facility to a
regional wastewater treatment facility to be located at the Harnett County Regional Wastewater
Treatment Facility at Lillington; and
WHEREAS, Fuquay-Varina also desires to initially obtain an allocation of two million
gallons per day (2 mgd) of treatment capacity in the regional wastewater facility with the ability to
obtain an additional four million gallons per day (4 mgd) in the future; and
WHEREAS, the County desires to provide such capacity in the regional wastewater facility
to Fuquay-Varina; and
WHEREAS, the parties desire to begin the design of the wastewater interceptor line and the
regional wastewater treatment facility (the "Project") and to take other steps necessary in order to
advance the completion of the Project; and
WHEREAS, pursuant to the provisions of Chapter 160A, Article 20, Part I of the North
Carolina General Statutes, the parties now desire to enter into this Agreement to provide for the
• payment of preliminary costs to include the preparation of a 201 Facilities Plan, obtaining
environmental assessments, and the design of the Project; and to set forth certain other
understandings regarding this project;
NOW, THEREFORE, in consideration of the mutual representations and agreements
contained herein and for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree, each with the other, as follows:
Purpose. The purpose of this Agreement is to set forth the understandings and
agreements of the parties regarding environmental work and the design and construction of the
wastewater interceptor line from the Fuquay-Varina wastewater treatment facility at Kennis Creek
NCO
to the Harnett County Regional Wastewater Treatment Facility at Lillington to be constructed on
the present site of the Town of Lillington's treatment facility (the design and construction of the
interceptor line shall be sometimes referred to hereafter as "the Project"); to set forth provisions for
the payment of costs in connection with the Project, and to set forth other related matters including
the allocation of capacity in the interceptor line and capacity in the regional wastewater treatment
facility. •
2. Responsibility for Design and Construction of the Interceptor Line. Fuquay-Varina
shall design and construct the portion of the wastewater interceptor line from the Fuquay-Varina
wastewater treatment facility to a metering point to be located at approximately the Wake County -
Harnett County line. The exact location of the metering point shall be determined by the engineers
for Fuquay-Varina and the County. The County shall design and construct the wastewater
interceptor line from the metering point to the regional wastewater facility located at Lillington.
The County as the lead applicant of the 201 Facility Planning shall be responsible for the
201 Facility Planning Study and the Environmental Assessment.
3. Payment of Preliminary Costs of the Interceptor Line. The parties agree to pay the
costs for preliminary work on the interceptor line, to include a 201 Facility Plan, environmental
assessments and design of the interceptor line, in the following manner:
a. 201 Facility Plan: Fuquay-Varina and the County shall each pay one-half
(1/2) of the costs of the 201 Facilities Plan.
b. Environmental Assessment: Fuquay-Varina shall pay for the cost of the is
environmental assessment from the Fuquay-Varina treatment facility to the metering point.
Fuquay-Varina and the County shall each pay one-half (1/2) of the cost for the initial
environmental assessment from the metering point to the regional wastewater treatment facility at
Lillington.
Any environmental work done beyond the initial assessment, including any work relating
to mitigation, shall be paid according to the location of the portion of the interceptor line which
necessitates the additional work. That is, if the additional work is required due to conditions along
the interceptor line from the Fuquay-Varina treatment plant to the metering point, Fuquay-Varina
shall pay the costs for the additional work. If the additional work is due to conditions between the
metering point and the regional facility in Lillington, the costs for the work shall be paid one-half
(1/2) by Fuquay-Varina and one-half (1/2) by the County.
C. Design: Fuqua-Varina shall pay for the design of the interceptor line from
the Fuquay-Varina treatment plant to the metering point. Fuquay-Varina and the County shall each
pay one-half (1/2) of the costs of design from the metering point to the regional wastewater facility
at Lillington. •
Fuquay-Varina agrees to pay to the County ten percent (10%) of the estimated preliminary
costs of the interceptor line within thirty (30) days of executing this Agreement. Thereafter, the
engineer for the County shall prepare a schedule of estimated monthly costs, not to exceed the
actual cost through the design phase, to meet the cash flow requirements of the preliminary costs of
the interceptor line. The engineer for the County shall keep the engineer for Fuquay-Varina
informed during the process of preparing the schedule of estimated monthly costs. The County
shall bill Fuquay-Varina monthly for the estimated monthly costs, and Fuquay-Varina shall pay
said bill within twenty (20) days of the date of said bill.
37
4. Allocation of Capacity in the Interceptor Line. The capacity in the interceptor line,
which is to be constructed from Fuquay-Varina's treatment facility to the regional wastewater
treatment facility at Lillington, shall be allocated as follows:
a. Fuquay-Varina shall have six million gallons per day (6 mgd) average daily
flow of capacity in said line.
b. Hamett County shall have two million gallons per day (2 mgd) average
•
daily flow of capacity in said line.
The design of the interceptor line the determination
and of capacity is based upon a peaking
factor of 2.0. Any excess capacity above eight million gallons per day (8 mgd) average daily flow
(based on a peaking factor of 2.0) shall be shared by the parties on a 3 to 1 ratio; with Fuquay-
Varina having 3/4 of the excess average daily capacity and the County having 1/4 of the excess
average daily capacity.
5. Payment for Constriction of Interceptor Line. Fuquay-Varina shall pay for all land
and easement acquisition costs, including attorneys' fees and other associated costs, in connection
with the constriction of the interceptor line from the Fuquay-Varina Treatment Facility to the
metering point. The County and Fuquay-Varina shall each pay one-half (1/2) of all land
acquisition costs, including attorneys' fees and other associated costs, in connection with the
construction of the interceptor line from the metering point to the regional wastewater facility in
Lillington. The land shall be procured based upon applicable. State and Federal guidelines and
shall be based upon fair market value. The land acquisition costs will be due and payable by
Fuquay-Varina to the County of Harnett within twenty (20) days of billing by the County. Fuquay-
•
Varina shall pay all costs of the construction of the interceptor line from the Fuquay-Varina
Treatment Plant to the metering point. The County and Fuquay-Varina shall each pay one-half
(1/2) of the costs of construction from the metering point to the regional wastewater facility.
The construction costs for the portion of the interceptor line from the metering point to the
regional facility shall be due and payable due to the County as follows:
a. Fuquay-Varina shall pay ten percent (10%) of its share of the construction
costs within twenty (20) days after the award of the contract or contracts for construction.
b. Thereafter, Fuquay-Varina shall pay its proportionate share of each invoice
within twenty (20) days after the date the County sends notice of the invoice to Fuquay-Varina
until such time as Fuquay-Varina has paid its total proportionate share of the construction costs.
6. Ownership and Maintenance of Interceptor Line. Fuquay-Varina shall own, operate
and maintain that portion of the interceptor line from the Fuquay-Varina Treatment Plant to the
metering point. The County shall own, operate and maintain that portion of the interceptor line
from the metering point to the regional wastewater facility in Lillington.
•
7. Initial Allocation of Capacity in the Regional Wastewater Treatment Facility.
Fuquay-Varina shall be initially allocated two million gallons per day (2 mgd) of treatment
capacity in the expansion of the Regional Wastewater Facility at Lillington.
8. Payment for Initial Allocation of Capacity. The pro-rata costs of the portion of the
expansion of the current Regional Wastewater Treatment Facility which is to be allocated
exclusively to Fuquay-Varina shall be paid by it as set forth herein. Such costs shall include
administrative costs of the County, costs of engineering and design, and attorneys' fees. Such
amount of the costs of the expansion to be paid by Fuquay-Varina shall be due and payable to the
County as follows:
a. Ten percent (10%) thereof shall be due and payable within twenty (20) days
after the award for the contract or contracts for constriction.
b. Thereafter, Fuquay-Varina shall pay its proportionate share of each invoice
within twenty (20) days after the date the County sends notice of the invoice to Fuquay-Varina,
until such time as Fuquay-Varina has paid its total proportionate share of the costs of expansion.
9. Allocation of Additional Capacity and Method of Payment. Fuquay-Varina shall be
entitled to purchase an additional four million gallons per day (4 mgd) of treatment capacity in the
regional facility in the future, It is the intent of this Agreement that the parties provide each other
advance notice of their planning for wastewater expansions to enable the parties to coordinate
expansion efforts and provide the benefits of economy of scale in plant expansion.
The County shall in the future advise Fuquay-Varina in writing of its intent to expand the
regional facility in order to provide Fuquay-Varina with the option of purchasing its additional
capacity. Fuquay-Varina shall, within forty-five (45) days after date of such notice, provide sellers
with a letter of intent as to its decision regarding participation in expansion of the regional facility.
Within one hundred sixty (160) days after the date of the County's notice to Fuquay-Varina,
Fuquay-Varina shall provide the County in writing a final binding statement as to its decision.
The pro-rata cost of that portion of the expanded regional wastewater treatment facility
capacity which is to be allocated exclusively to Fuquay-Varina shall be paid by Fuquay-Varina.
Such costs shall include administrative costs of the seller, costs of engineering and design, and
attorneys' fees. The County shall inform Fuquay-Varina of the progress of design and construction
and as to the costs of any expansion project. Such amount of the cost to be paid by Fuquay-Varina
shall be due and payable as follows:
a. Fuquay-Varina shall pay ten percent (10%) of its share of the expansion
costs within twenty (20) days after the award of the contract or contracts for construction and/or
expansion.
b. Thereafter, Fuquay-Varina shall pay its proportionate share of each invoice
within twenty (20) days after the date the County sends notice of the invoice to Fuquay-Varina
until such time as Fuquay-Varina has paid its total proportionate share of the construction costs.
In the event Fuquay-Varina desires to obtain its additional capacity allocation or a portion
thereof at a time when the County is not expanding the treatment facility, Fuquay-Varina may
expand the regional facility up to its additional allocation of capacity and Fuquay-Varina shall pay
all costs of the expansion. The procedure to be applied in expanding the regional facility shall be
as follows:
i). Fuquay-Varina shall notify the County in writing of its intent to expand the
regional facility and of the size of the desired expansion.
ii). The County shall employ consulting engineers to design the necessary
alterations to expand the said wastewater treatment facilities.
iii). Upon completion of the design of said alterations, pursuant to law, the
County shall obtain the necessary permits from the applicable federal, state or local governments
and/or agencies to proceed with the construction of the expansion. Thereafter, the County shall
submit the expansion project for bids and shall award the contract(s) and proceed to construct the
project. It is understood that the County has the right to re -bid the project or take other such
actions relative to the awarding of contract(s) as County deems necessary and as provided by law.
is
•
iv). Fuquay-Varina shall pay ten percent (10%) of the expansion costs within
twenty (20) days after the award of the contract or contracts for construction and/or expansion
9
including engineering contracts.
v). Fuquay-Varina shall pay all other costs of expansion within twenty (20)
days of billing by the County.
10. Ownership of Regional Wastewater Facility. It is understood that the County shall
own and operate the regional wastewater treatment facility and any expansions, upgrades,
enlargements, or additions to the facility, and Fuquay-Varina shall have no right, title or interest in
• or to the facility, except as to the rights to capacity in the interceptor line and treatment capacity
allocations paid for by it as set forth herein.
11. Cooperation in Obtaining Financing. The parties hereby agree to cooperate in
efforts to obtain and secure financing for the construction of the interceptor line and the initial
expansion of the existing wastewater treatment plant currently owned by the Town of Lillington.
12. Operational Costs. The parties shall enter into an additional operational agreement
at a later date for the treatment of the wastewater by the County from the interceptor line. The
costs for treatment will be tied to the County's bulk municipal sewer rate as established by the
County and pumping costs and in accordance with the 201 Facilities Plan requirements.
13. Pre -Treatment Program. The County and Fuquay-Varina shall adopt a Pre -
Treatment Program in accordance with State and Federal guidelines that will protect the
wastewater treatment process in accordance with the approved Facilities Plan.
14. Amendments and Termination. This Agreement may be amended by the mutual
consent of all parties, and the Agreement may be terminated by the mutual consent of all parties.
• 15. Term of Agreement. This Agreement shall extend for a term of forty (40) years
from the date of the Agreement set forth herein and shall be automatically renewed for an
additional forty (40) years unless mutually terminated by the parties.
16. Notices. Any notices or billing given pursuant to the teens of this Agreement shall
be made in writing and mailed by first class mail to the following addresses:
County of Hamett
c/o County Manager
Post Office Box 759
Lillington, NC 27546
Town of Fuquay-Varina
c/o Town Manager
1300 East Academy Street
Fuquay-Varina, NC 27526
IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective
governing bodies, have caused this Agreement to be duly executed in two (2) counterparts, each of
which shall constitute an original,
Novew6ar
Executed by Harnett County, this the 9 yj- day of twit, 2000.
• COUNTY OF HARNETT
By: 46.-, a
Dan B. Andrews, Chairman
Harnett County Board of Commissioners
Attest:
� L'' vCJ .
Kay SA31anchard, Clerk to the Board
Executed by the Town of Fuquay-Varina, this 7 day of April, 2000.
TOWN OF F QUAY-VARINA
By:a
hn Ellis, Mayor
Attest:
Rachel. Turner, Clerk
NORTH CAROLINA
HARNETT COUNTY
I, F h 1 7 at_ b eh 1 0 V I r� � , a Notary Public of the County and State
aforesaid, certify that Dan B. Andrews, who Wing by me duly sworn, says that he is Chairman of
the Board of Commissioners of Hamett County, and that Kay S. Blanchard is Clerk of said Board,
that the seal affixed to the foregoing and attested instrument is the seal of Harnett County, North
Carolina, and that said instrument was signed by him as Chairman of the Board of Commissioners
of said County and by the Clerk of said Board, who affixed the official seal of Hamett County to •
said instrument; and that the said Dan B. Andrews, Chairman of the Board of Commissioners,
acknowledged said instrument to be the act and deed of Harnett County North Carolina.
Noven,bev
L
i fI�S my hand and Notarial Seal, this the day of2000.
rho J i .
w e e•c - otary Pq6c
cirpJio�ires:
y`dR
NORTH CAROLINA
WAKE COUNTY
I, �icse 0. JoHn , a Notary Public of the County and State
aforesaid, certify that John Ellis, who being by me duly sworn, says that he is Mayor of the Town
of Fuquay-Varina, and that Rachel Turner, is the Clerk of said Town, that the seal affixed to the
foregoing and attested instrument is the seal of said Town, and that said instrument was signed by
him as Mayor in the above capacity and by the Clerk of said Town, who affixed the official seal of
said Town to said instrument; and that the said John Ellis, Mayor, in the above capacity
acknowledged said instrument to be the act and deed of the Town of Fuquay-Varina.
WITNESS my hand and Notarial Seal, this the �h day of April, 2000.
Notary Public
My Commission Expires: 08/,;q 7 / 2007-
TT
0