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03051984HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, MARCH 5, 1984 CALL TO ORDER PRAYER MINUTES APPROVED DOT PINEVIEW ROAD WADDELL ROAD (SIGNS -- BENHAVEN FIRE DISTRICT OLD FARM AREA % The Harnett County Board of Commissioners met in regular session on Monday, March 5, 1984, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: M. H. Brock, Bill Shaw, Rudy Collins, Lloyd G. Stewart, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board, and Robert Morgan, County Attorney, were also present. Chairman Jesse Alphin called the meeting to order at 9:00 a.m. Commissioner Shaw led the morning prayer. The minutes from the Harnett County Board of Commissioners meeting of February 20, 1984, were approved as read. Ray Stone, Highway Maintenance Engineer with the North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. Mr. Brock requested that Mr. Stone pursue the matter which was brought before the Board at its meeting of February 6, 1984, whereby the State was requested to pave Pineview Road in the Olivia area. Mr. Stone stated that he had checked into paving this road and there is no way the State can pave this road. It seems that the developer never recorded the subdivision plat and there is no record of the right -of -ways. He continued to explain that the State requires a minimum of 26 houses, and there are only 13 houses on this road. Mr. Brock stated that there is a great need to pave this road. Several persons out there have bad physical conditions and the people are having a hard time getting in and out as well as the ambulances. He stressed that something needs to be done. Mr. Alphin asked Mr. Stone what would have to be done to this road in order to get the State to pick it up? Mr. Stone stated that the original deeds would have to be found to make sure the proper right -of -way was given, then see if the developer would bring the road up to the State requirements, and then you have the problem of only having 13 houses and you need 26. The Board stated that they felt like there should be something that could be done to help these citizens. Mr. Morgan stated that he would be glad to research this matter to see if anything could be done. Mr. Stone stated that he would keep trying to see if there was anything DOT could do. Mr. Stewart asked Mr. Stone about the Waddell road located off SR 1001 which was brought before the Board at its February 6 meeting. Mr. Stone stated that he felt this road would get paved. Mr. Brock asked Mr. Stone to check into the possibility of having some signs put up at the Benhaven Fire Station indicating that emergency vehicles are entering the highway. Mr. Stone stated that he would contact the Traffic and Signs Divis- ion of DOT. Mr. Shaw reported that Mr. Stone had checked into the possibility of putting a reduced speed limit in the Old Farm Area and found out that DOT could not do this. Mr. Shaw asked Mr. Stone if he would write him a letter stating this. HIGHWAY 421 NAMED Reid Ross and Bob King appeared before the Board on behalf of the Harnett County AS "THE PAUL GREEN Committee for America's 400th Anniversary and requested the Board to adopt a MEMORIAL HIGHWAY" resolution naming Highway 421 through Harnett County as "The Paul Green Memorial Highway ". Following a discussion of this request, Commissioner Collins made a motion that the following resolution be adopted requesting the N. C. Department of Transportation to name Highway 421 in Harnett County (from the Lee County Line to the Sampson County Line, preempting the municipalities) as "The Paul Green Memorial Highway "; Commissioner Stewart seconded the motion and it carried with a unanimous vote: HARNETT COUNTY, NORTH CAROLINA. RESOLUTION WHEREAS, Paul Green was a native son of the Cape Fear Region, having been born on March 17, 1894, near the geographic center of the great County of Harnett; and WHEREAS, Paul Green found and developed in his early years in Harnett County the ideals and beliefs to which he subscribed for the balance of his long and distinguished life; and WHEREAS, Paul Green knew the freedom of the woods, fields, and rivers of Harnett County; and WHEREAS, Paul Green of Harnett County, often course now taken by U. S WHEREAS, Paul Green professional baseball to writing for major motion was a product of the schools and educational institutions walking to Buies Creek Academy along a portion of the . Highway No. 421 near the Village of Buies Creek; and was distinguished in many diverse endeavors, ranging from philosophy, to stripping fodder and picking cotton, to picture companies in Hollywood, California; and a78 WHEREAS,' Paul Green was honored during his life with numerous awards and by numerous professional accolades, including the Pulitzer Prize, a Guggenheim Award and a Kenan Fellowship; and WHEREAS, Paul Green was a decorated veteran of World as an officer in the United States Army; and WHEREAS, Paul Green was a man of conscience who great tragedyof all mankind; and believed that war is the WHEREAS, Paul Green was a man of great physical stature and prowess, yet man of immense personal sensitivity who worked to promote understanding among people of all races and backgrounds; and WHEREAS, Paul Green was the originator of the symphonic drama in America whose characters and themes were faithful interpretations of life in the region of his birth and were as natural to the Cape Fear region as the cotton, yellow and dogwood he loved; and WHEREAS, Paul Green was a man -of unwavering principle who would not be dissuaded from pursuit of his beliefs by the passing unpopularity of the causes which he felt were just, and a WHEREAS,Paul.Greenhas been - internationally recognized as'awriter of plays, prose, sketches, and short stories based in the reality of his youth his home County of Harnett; and poetry, in WHEREAS, Paul Green was an honest, tende region he so dearly loved; and and fited product' of the Cape Fear WHEREAS, Paul Green demonstrated an honest idealism stilled in him during his youth in Harnett County; and faithful to the beliefs in- WHEREAS, it is proper that the county of the birth of this acclaimed native son -in a fitting and lasting manner; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that the North Carolina Department of Transportation shall be, and it is hereby, requested to dedicate U. S. Highway No 421 as it runs through this great County as a fitting and proper memorial to Paul Green, such highway to be known.. -.as "The Paul Green Memorial Highway ", that such highway once so dedicated be appropriately marked, and that a copy of this resolution be spread upon the minutes of the meeting of the Harnett County Board of Commissioners at which it is, adopted. Paul Green memorialize FLAG FOR HARNETT Mr. Reid Ross also as spokesperson for the 400rd Anniversary Committee presented COUNTY for the Board's consideration a flag which had been designed as the County's flag. The background was royal blue with an emblem which is the official Coat -of -Arms for Cornelius Harnett. This Coat-of-Aims was adopted by the Board at its meeting of April 18, 1984, as the County's official banner. Commissioner Shaw made a motion that this flag be adopted as the County's official flag; Commissioner Stewart seconded the motion and it carried. The Board commended the Committee on this beautiful piece of work. Mr. Ross expressed his appreciat"to the Board for the support they have given the 400rd Anniversary Committee and for allowing them to have the opportunity to design this flag. Mr. Ross inform the Board that the Committee was very appreciative to Paul J L Soublet, the artist who helped draw up this flag. APPOINTMENTS Mrs. Margaret Lanier with Region "M" Council of Governments appeared before the DOMICILIARY HOME Board and informed the Commissioners that Mrs. Lisa Shearin and Mrs. Lucille COMMITTEE Matthews have requested to come off the Harnett County Domiciliary Home Community Advisory Committee. Mrs. Lanier recommended that Mr. Ray Whitaker, 1011 North Orange Avenue, Dunn, NC 28334; and Mrs. Bertha Bradley, Rt. 2, Lillington, NO 27546, -be appointed to fill these unexpired terms.. Commissioner Collins made a motion that Mrs. Bradley and Mrs. Whitaker be appointed to the Domicillary Home Community Advisory Committee to fill these terms; Commissioner Shaw seconded the motion and it carried. The terms .. of these two persons will expire August 1, 1984, and they will be eligible for reappointAment at that time:. DOG SHELTER Ms. Claudia Swartz appeared before the Board as spokesperson for the citizens of CONCERNED CITIZENS Harnett. County concerning the manner in which the dog pound is maintained. She expressed her concern over the method in which the animals are disposed of, the poor condition of the animal shelter, the sick and well animals being kept togethe and several other matters which she felt were in violation of the Criminal Law about cruelty to animals. Ms. Tabi Wise, Mrs. Kathy Yaeger, and Ms. Nancy Rich, who is with the N. C. Network for Animals, also expressed their concern over the operations of the County's dog pound. Mr. Alphin stated that he appreciated Ms. Swartz and the others bringing this matter to the Board's attention, and if they should have any complaints in the future, they should contact the Health Director and Mr. Brock, the County Manager., ADDITIONAL MANPOWER FOR Mr. Rodney Tart, Director of Utilities, appeared before the Board and NORTHEAST METRO stated that additional manpower is needed for the operation of the Buies Creek -Coats Water & Sewer District. He explained that as a result of the construction progress, it appears that the need to hire one additional electrical maintenance position on a full time basis effective April 1, 1984. Also, he needs to hire one full time temporary clerical position for approximately ninety to one hundred twenty days in order to set up new accounts for sewer and assist in the conversion of all water accounts to the new computer system. He explained that funds for these two positions are already on hand from the assessment and tap on charges paid in advance of construction. He further explained that the Buies Creek -Coats Water and Sewer Advisory Board met las Tuesday, February 21, 1984, and upon unanimous approval moved that he request the Board of Commissioners to authorize funding for the establishment of these two positions. Following a discussion of this request, Commissioner Collins made a motion that Rodney Tart be authorized to create and fill a position for one electrical mainte- nance employee and to hire one full time temporary clerical position; Commis- sioner Shaw seconded the motion and it carried. EASEMENTS REGARDING Commissioner Brock made a motion that the Board adopt the following resolution BUIES CREEK -COATS WATER as presented by Marshall Woodall, Attorney for the Buies Creek -Coats Water AND SEWER DISTRICT and Sewer District, in regards to the easements for this District; Commis- sioner Shaw seconded the motion and it carried: THAT, WHEREAS, the Buies Creek -Coats Water and Sewer District of Harnett County has heretofore obtained a deed of easement from Oscar G. Matthews and wife, Ruby S. Matthews, the said deed of easement dated May 11, 1983, and recorded in Book 751, Page 285 -288, Harnett County Registry; and WHEREAS, the said Oscar G. Matthews and wife, Ruby S. Matthews have sold the property upon which said easement is located to Campbell University, Inc., and WHEREAS, the easement was heretofore given to the District for the purpose of serving the lands owned by Oscar G. Matthews and wife, Ruby S. Matthews and further for a dwelling house located to the South of said property; and WHEREAS, the District is in need of an easement extending South from Taylor Street across a portion of lands owned by Campbell University, Inc; and WHEREAS, Campbell University, Inc., has requested that the District release the right of way easement over the lands now owned by the University as purchased from Oscar G. Matthews and wife, Ruby S. Matthews in exchange for a deed of easement upon said property owned by Campbell University, Inc. and lying immediately South of Taylor Street; and WHEREAS, the District has agreed to grant said deed of release upon the receipt of a deed of easement from Campbell University, Inc., and further an understanding from Campbell University, Inc., concerning connections of certain properties laying immediately South of the Oscar G. Matthews and wife, Ruby S. Matthews property and properties lying at the northwest corner of the intersection of S.R. 1006 and Wiggins Street, said agreements to be administratively handled between the County Utility Department and the Business Manager of Campbell University, Inc. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: FIRST: That upon receipt of a deed of easement from Campbell University, Inc., conveying a right of way of approximately ten (10) feet in width to the District running from the South side of Taylor Street to a line to be connected behind the Memorial Baptist Church in Buies Creek, North Carolina, the Chairman and Clerk to the Board of County Commissioners be and they are hereby authorized to execute a deed of release to Campbell University, Inc., releasing all rights in that certain deed of easement heretofore received from Oscar G. Matthews and wife, Ruby S. Matthews, said deed of easement dated May 11, 1983, recorded in Book 751, Page 285 -288, Harnett County Registry. SECOND: That the Director of the County Public Utilities Department is authorized to administratively deal with the Business Manager of Campbell University, Inc. for the purpose of administratively determining an arrangement for service for certain properties in the Village of Buies Creek, North Carolina. THIRD: That the officials of the County of Harnett be and they are hereby fully authorized to. do and perform -all those acts and things necessary to per- form the obligations directed herein. Adopted this the, Fifth Day of March, 1984 by the Harnett County Board of Commissioners acting as the governing body of the Buies Creek - Coats Water and Sewer District of Harnett County. TAX ATTORNEY'S REPORT. The following BUDGET AMENDMENTS INSPECTIONS, HUD PUBLIC BUILDINGS' CODE AMENDED BUDGET-: AMENDMENT HOME .HEALTH Tax Attorney's Averasboro Township Bryant, Willa Dean Barbecue Township Burgess, Gilbert & Estelle Duke Township Baker, Bbbby Lawrence. Neil's Creek Township Matthews, Leonard & Everlee Stewart's Creek Blue,,William Sallie C. and Tipper Little River. Township Campbell, Thrum-an Jodie Watson, Willie H.,& Pamela C: Land Conveyed to County of Harnett: 74 CVD 2099 Archie report was filed with the Board: Suit No Amt. Coll'd Atty. 83 CVD 0967 None Fee 55.00 264.72 35.00 82 CVD 0553 646.37 115.00 83 CVD 0450 385.12 55.00 None 81 CVD 487 Robinson SUB TOTAL 92.31 25.00 365.38 90.00 2130.35 Averasboro Township Lot 4,- Block "A3" 50 x 150 Ft. Total-Bid 424.35 Total Attorney's Fee The Board approved the following Dobson, the County's New Planner by Commissioner Shaw: Inspections A. Decrease, Code 540 -057, Miscellaneous Expense by $1,000 B. Increase, Code 540 -033, Materials & Supplies, by $1,000 365.00 125.00 490.00 two budget amendments as presented by Ervin ?pon motion by Commissioner BS=$ek, seconded HUD A. B. C. Increase Increase Increase Code 614 -002, Salaries& Wages, by $6,000 Code 614 -005, F.I >C:A. by $500 Code 614 -014, Travel & Meetings by $2,700 _Couuuissioner.`Shaw made. -a motion that the. Public Buildings Budget, Code 500 -015, be increased by $8,000; Commissioner Collins seconded the:motion and it carried. Commissioner Shaw explained that the reason for'the budget amendment was because of the cost to reroof the Courthouse. Mr. Henry Thompson, Director of the Harnett County Health Department, appearedr before the Board and requested that his Home Health Budget be increased by $39,836. He explained that this increase would allow the Health Department to add two Public Health Nurse I positions to the Home Health Program. He continued to explain that the change in the Medicare Funding pattern for hospitals has required shortened inpatient care. Since the patients. leave' the hospitals sooner, this increases the need for home health services. Home Health has had a 23 percent increase in patients since December 1, 1983, and many of the patients being admitted today are sicker, therefore, requiring more frequent nursing visits. He continued to explain that -the accepted patient load for one home health nurse should be twenty -five patients, and we are now double this rate. Commissioner Shaw made a motion that the Board adopt the following budget amendment to the Home Health Program; Commissioner Brock seconded the motion and it carried: 1 REPORT - -LAW EN- FORCEMENT CENTER 881 Code 10 -593 -002, Salaries & Wages, Increase by $9,960 Code 10 -593 -004, Professinal Services, Increase by $1,800 Code 10 -593 -005, FICA, Increase by $697 Code 10 -593 -006, Group Insurance, Increase by $532 Code 10 -593 -007, Retirement, Increase by $747 Code 10 -593 -009, Workmen's Compensation, Increase by $150 Code 10 -593 -014, Travel & Meetings, Increase by $950 Code 10 -590 -045, Contracted Services, Increase by $9,000 Code 10 -593 -078, Medical & Surgical Supplies, Increase by $16,000 Commissioner Shaw reported that the Law Enforcement Committee has met a couple of times since the last report made to the Board, and they have sent the plans to the Architect to do some revised drawings. The Committee is discussing the possibilities of incorporating office space for the Sheriff's Department as well as for the magistrate, License Examiner, and the Highway Patrol. Also they are looking at the possibility of including a fall out shelter. LIBRARY BUILDING It was also reported that the Committee working on the library site, have gotten COMMITTEE a firm commitment from the legal counsel of Ms. Rosie Wilbourn concerning the parking lot, and they are still ironing out some of the matters concerning the building owned by Ms. Sirena Byrd. REPORTS TAX SUPERVISOR AMBULANCE SERVICE SOCIAL SERVICES BOARD APPOINT- MENT GROUNDBREAKING CEREMONY, IN- DUSTRIAL TRAINING CENTER CONTRACT WITH LANDMARK Several reports were filed with the Board including Tax Collection, Sheriff, and Expenditure Reports. Thomas Allen, Tax Supervisor, appeared before the Board and reported on the activities of this department and requested a refund to Mr. Johnny Reaves, Rt. 2, Box 210, Linden, NC 28356, Anderson Creek Township in the amount of $58.73, for a 1979 Toyota Pickup which was double listed in Cumberland County to Professional Printers, Inc. Commissioner Shaw made a motion that this refund be approved; Commissioner Collins seconded the motion and it carried. Commissioner Collins reported to the Board that at the last Board meeting, a commit- tee was appointed to study a request by Dan Gardner, Captain of the Harnett County Ambulance Service, for a $5,000 budget amendment in order to hire some part - time personnel. Commissioner Collins stated that the Committee had met. He explain- ed that Mr. Lanier and Mr. Gardner had gathered some information concerning the hours worked by the EMTs. He explained that each EMT works 121 days per year, and with the vacations, sick leave, and holidays, it works out where there are 98 days not fully covered out of 365. He stated that the amount of money needed for part -time help would be $3,537.60 rather than the $5,000 originally requested. Commissioner Collins continued to state that there were also a few other personnel matters that needed to be straightened up. He explained that the Ambulance Committee would like to take this request for part -time personnel and the other matters concerning the personnel at the Ambulance Service to the Harnett County Personnel Committee. The Board approved this request and asked that the Personnel Commit- tee bring their recommendation back to the Board. Mr. Brock informed the Board that the terms for two of the Social Services Board members will expire on June 30, 1984. The two persons presently serving on the Social Services Board are Mrs. Mildred M. Harrington and Mr. W. J. Cotton, Jr. and neither of these two persons are eligible for reappointment. Mr. Brock explained that the position filled by Mr. Cotton is a Commissioner's appointment and the position filled by Ms. Harrington is an appointment that will be made by the State, but the Board will make its recommendation to the State. Commissioner Collins made a motion that Dayton Smith, Kipling, North Carolina, be appointed to fill the position which will be vacated by Mr. Cotton; Commissioner Stewart seconded the motion and it carried. The Board stated that they are not yet ready to make a recommendation on the other position. Mr. Brock reported that the groundbreaking ceremony planned for today on the Industrial Training Center will be held in the Assembly Room of this building becaus of the rainy weather. Commissioner Brock made a motion that the Board adopt the following resolution with Landmark Engineering in reference to the Base Mapping Project; Commissioner Stewart seconded the motion and it carried: A G R E E M E N T THIS AGREEMENT, made this day of by and between the BOARD OF COMMISSIONERS of Harnett County, North Carolina, hereinafter referred to as the "COUNTY ", and LANDMARK ENGINEERING COMPANY, a division of Soil and Material Engineers, Incorporated, whose principal office is at 1903 North Harrison Avenue, Cary, North Carolina, hereinafter referred to as the "CONTRACTOR," WITNESSETH THAT: The COUNTY has previously decided to'proceed.with a land records management program. On February 7, 1983, the COUNTY asked for contract proposals and on the 25th day of February, 1983, the Contractor herein submitted a proposal to cover all necessary aerial photography and mapping for a total contract price of $121,500.00. The total price did not include the cost of performance bonds. The COUNTY asked that the proposals be submitted in four phases. However, the - CONTRACTOR, as well as other contractors who submitted proposals, broke the project down into only two phases. The first phase as submitted by the CONTRACTOR herein was for aerial photography amounting to $5,959.00. It was understood by all parties when the first proposals were submitted that the COUNTY would let contracts only as funds were submitted that the COUNTY would let contracts only'as funds became available. The COUNTY on the 8th day of March, 1983, entered into a contract' with'the CONTRACTOR for the perform- ance of the first phase.. .The COUNTY now desires to proceed with the work as set forth in the original proposal submitted by the CONTRACTOR, but only to the extent of funds now available, which are .$ 20,000.00. It is the intent of both parties that all of the work as submitted in the proposal will be done by the CONTRACTOR, but only as funds become available. It is further understood that in the event that the work is not completed by June 14, 1985, that the CONTRACTOR -will be entitled to as adjustment of the price for the unperformed work for inflation. The adjustment shall be in accordnace with the Consumer Price Index, but in no event will itiexceed -10 %. In order to properly allocate the work` as funds become available, it is agreed that the overall project will involve approximately`324 base maps.`- This amounts to approximately #360.00 per map. NOW, THEREFORE, in consideration of the mutual promises of the parties hereto, and the performance - required by said promises, the COUNTY and the CONTRACTOR agree as follows: I. SCOPE OF:AGREEMENT.. Based upon the COUNTY'S original "Request for Contract Proposa dated February 7, 1983, and the CONTRACTOR'S responding "Proposal," dated February 25, 1983, it is the intention of both- parties that this Agreement cover a mapping project involving aerial photography and finished orthophoto base maps for, Harnett County, as described in the attached "County Contract Map," and the proposals submitted, and in other provisions herein: The agreed upon total -price to be paid CONTRACTOR for the remaining portion of the contract unperformed at'this time is One- Hundred- Fifteen- Thousand- Six - Hundred - Dollars ($115,600.00)., plus the Bost of the performance bond as set forth herein - after." However, due to considerations of funding approval by the COUNTY, the project will be divided into different phases, as funds become available. The first phase shall be as follows: A. PHASE I. Ground control, analytical aerial triangulation, and the production of finished orthophoto base maps at a scale of 1" 400', and will be done by the CONTRACTOR for a total of Twenty Thousand Dollars 020,000.00), including the CONTRACTOR'S performance bond. Base maps to be delivered will be fifty -five (55) at a scale of 1 "`- 400': All-materials and associated products prepared under Phase I of this contract will be completed and - delivered to the COUNTY no later -than June, 15, 1984. B. PHASE II. Phase II, or as so much as funds will permit will be performed at such time as funding will be permitted. However, both parties agree that the remaining portion shall be performed by the CONTRACTOR and the COUNTY will pay for said work in the pro -rata share of the total contract price as submitted by the CONTRACTOR on February 25, 1.983, adding to that the costs of the performance bond: It is further agreed that'. if the contract. is not completed by June 14, 1985, that the CONTRACTOR shall be entitled to have the costs of the remaining unperformed work adjusted so as to - reflect the cost of living index or increase as- determined by the Consumer Price Index. However, in no event shall the cost of living increase be adjusted to more than 10% of the contract price. II. COMMENCEMENT AND PROSECUTION'OF WORK. Work done by CONTRACTOR will commence immediately upon execution, of this Agreement, and Phase I will be completed in full and with all "Deliverable Items" accepted by the - COUNTY no later than June 15, -1984. All remaining work to be done shall be as funds become available. It is expected that both parties will 'carry -out their respective responsibilities as diligently and expeditiously as possible. However, in the event that unforseen circumstances arise that may delay the timely completion of any part of the project, the following provisions will apply: A. If the COUNTY fails to supply the CONTRACTOR when requested with pertinent, and necessary information or materials essential for the progress or completion of any part of the project, then CONTRACTOR shall be permitted to effect a temporary suspension of work, and whatever time is lost as a result of the COUNTY'S delay in supplying said_ information or materials will become an automatic extension of the completion date. B. Delays on the part of the CONTRACTOR, not specifically excused -by force majeure, as defined below, may be executed and become an extension of the applicable completion date, if 1. The CONTRACTOR has submitted in writing and in advance of the applicable completion date, a request that - certain delays of work be excused by the COUNTY, stating - herein explicit reasons which would justify such delays. 2. The COUNTY responds in writing, granting to the CONTRACTOR approva1 for an extension in the applicable completion date for a specified time limit based upon CONTRACTOR'S request. Such approvals for extensions of time for completion dates will not be unreasonably withheld by the COUNTY. L," C. Force Majeure: The CONTRACTOR shall have the right to a reasonable delay in meeting the applicable completion date due to factors beyond its control, including but not limited to: 1. Inclement weather during the flying portion of the project work. 2. Fire, flood or other acts of God. 3. Acts of government agencies, not precipitated by CONTRACTOR'S conduct, which hinder or prevent CONTRACTOR'S prosecution of the project work. 4. Other general emergency conditions. D. Delays not specifically excused by force majeure or in writing by the COUNTY will be grounds for reduced or non - payment of monies for work performed, for termination of the Agreement, and /or enforcement of the Agreement's liquidated damages clause, as stated herein, by the COUNTY. III. CONFORMATION TO STATE SPECIFICATIONS. All work by the CONTRACTOR covered by this Agreement shall be in strict conformance with the North Carolina State "Technical Specifications for Base and Cadastral Maps," dated January, 1982, a copy of which has been given the CONTRACTOR and receipt of which is hereby acknowledged by CONTRACTOR, except as specifically modified below. Any modifications to said Specifications or other terms of this Agreement subsequent to the execution of this Agreement shall be permitted only upon written request by the CONTRACTOR, stating justification therefor, and written approval by the COUNTY. The following subparagraphs are approved modifications of or additions to the State "Specifications ": A. Section .01. Delete from the Specifications of the State the following: "neces- sary additional control points will be monumented by the CONTRACTOR in the field with permanent monuments. All such control recovered or established shall be utilized to the fullest extent practicable, and will be paneled prior to flying the aerial photograph." B. Section 4.02 entitled Horizontal Control Surveys insert the second sentence and just prior to the third the word if required in order to meet National Mapping accuracy standards, so as to make the sentence to read as follows: "If required in order to meet National Mapping accuracy standards, no more than 25 courses shall be run between azimuth checks." IV. PAYMENTS TO CONTRACTOR. A. Cash payments of the agreed upon total cost will be made by the COUNTY to the CONTRACTOR based on the satisfactory completion of various states of the project work according to the following break -out of the total costs: 1. Phase I "stages "; a. Ground Control b. Analytical Aerial Triangulation c. Orthophoto Maps d. Performance Bond 2. Phase II: 857.00 4,839.00 14,106.00 198.00 TOTAL $20,000.00 As agreed upon when funds become available. B. CONTRACTOR may secure payment for a percentage or the full amount of monies allocated to a stage of work (see "A" above) by submitting to the COUNTY the following: 1. All deliverable items representing that percentage or the full amount of work for which CONTRACTOR is claiming payment. 2. A progress report describing the work completed, as well as how the percentage, if not the entire project, was calculated. 3. A dated invoice showing the amount of the claimed payment with a brief descrip- tion of the work done for each separate amount being claimed. 4. If claiming for performance bond costs, certified proof that the bond(s) has /have been issued by an approved bonding firm. C. The COUNTY will make prompt payments to the CONTRACTOR following receipt of the items described in paragraph IV, A, above, subject to the following: 1. Formal acceptance by the COUNTY -- as complete, satisfactory and meeting all applicable specifications -- of all deliverable items required to substantiate the claimed payment. 2. A retention of five percent (5%) of the claimed amount, to be held in escrow by the COUNTY until the satisfactory completion of the entire project. D. The COUNTY shall pay within sixty (60) days all payment claims submitted by the 384 ADJOURMENT CONTRACTOR, meeting all of the above requirements, and not formally disputed by the COUNTY. All payment claims not paid within sixty (60) days or disputed by the COUNTY may be considered overdue by the CONTRACTOR and shall bear a monthly charge of 114.% on the unpaid amount until paid. The COUNTY shall not use the disputation of one payment claim as a reason for disputing or not paying in time any other payment claim. V. WORK- IN- PROGRESS 'INSPECITONS. The CONTRACTOR shall cooperate fully with the COUNTY or the COUNTY'S representatives ' in making possible work -in- progress" inspections as frequently as desired by the COUNTY. In the event the COUNTY or its representatives finds that project work is not being performed in accordance with the applicable specifications, then the COUNTY shall promptly notify the CONTRACTOR in writing of the unacceptable work, and the CONTRACTOR shall take immediate appropirate corrective actions. VI. ARBITRATIONS Should any disputes arise regarding the performance of services under this Agreement, the parties may, if mutually agreeable and so expressed in writing, obtain arbitration; under the rules of the American Arbitration Association. The arbitration hearing shall be held in Harnett County, North Carolina, unless both parties shall agree upon an alternative location. At least one member of the arbitration panel shall be a mapping professional with experience in the type of work being performed under this Agreement. During' the time that arbitration is pending, the CONTRACTOR may continue to work and submit payment claim for work not involved in the dispute. The COUNTY will pay any claimed amounts of, money involved in the subject dispute into an escrow account at a mutually acceptable banking institution with specific instructions' that the proceeds may not be released until the arbitration award is made, and the decision of the arbitration panel shall be binding upon the banking institution holding the escrow funds as to the distribution of the funds held in escrow. The escrow account may be an interest bearing account, and the funds therein may be invested in certificates of deposit with the consent of both parties. VII. LIQUIDATED DAMAGES. in the event the CONTRACTOR shall overrun the completion date and such overrun not be excused by the applicable provisions herein, the CONTRACTOR shall pay the COUNTY liquidated damages in 'the - amount of ONE Hundred Dollars ($100.00) for each calendar day that CONTRACTOR is late in meeting the completion` date and said damages may be deducted as a set - off against any other payments due CONTRACTOR by the COUNTY. VIII. OTHER LEAGAL`RESPONSIBILITIES OF PARTIES. A. The CONTRACTOR shall observe and comply with all applicable -federal,- state and local laws, ordinances and regulations during its performance under his Agreement. B. The CONTRACTOR shall save harmless the COUNTY and its representatives from all suits, actions or claims of any kind brought on account of any injuries . or damages sustained by any person or property in consequence of any act or omission by the CONTRACTOR or its employees or agents, or from any claims or amounts due.. arising or recovered under the state's Workmen's Compensation laws. The CONTRACTOR.; will furnish evidence of Wrokmen's Compensation and public liability insurance with all policies being with companies authorized to do business in the State of North Carolina. C. The-COUNTY agrees to mitigate its damages, should any damages arise in the course of this Agreement, to every extent possible, and to take such reasonable measures to prevent injury or damages - within its jurisdiction as a reasonable prudent individual or entity would take. IX. WAIVER, MODIFICATION AND SEVERABILITY CLAUSE. No waiver, modification or. cancellation of any term or condition of this Agreement shall be effective unless made in writing. Nor shall any waivers be deemed to excuse the performance of any act other than those specifically referred to in said written notice of waiver. If any provision of this Agreement is held by an arbitration panel or court of law to be- invalid or unenforceable, all other provisions of this Agreement shall neverthe- less-continue in full force and effect. X. 'CONSTRUCTION. This Agreement shall be construed and interpreted in accordance with the laws of the State of North Carolina. IN WITNESS WHEREOF, the parties have caused this instrument, consisting of seven (7) pages and two Appendixes, to be executed by themselves or their duly authorized officers or agents and their seals to be affixed hereunto the day and year first written above; LANDMARK ENGINEERING COMPANY HARNETT COUNTY BOARD OF COMMISSIONERS There being no further business, the 'Harnett County Board of Commissioners duly adjourned _at 11,:25 a.m. ('di airman Clerk tato Secretary