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030419a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 420 McKinney Parkway Lillington, North Carolina Regular Meeting March 4, 2019 9:00 am 1. Call to order -Chairman Gordon Springle 2. Pledge of Allegiance and Invocation -Commissioner Joe Miller 3. Introduction of Tim Mathews as the new Harnett County Cooperative Extension Director 4. Consider additions and deletions to the published agenda 5. Consent Agenda A. Minutes B. Budget Amendments C . Order the Tax Administrator to advertise, pursuant to NCGS 105-369(a), unpaid taxes for the fiscal year 2018-2019 that constitute a lien on real property. The unpaid county taxes on real property was $2 ,533 ,468.47 as of January 31 , 2019. D. Hamett Regional Water requests approval of an engineering agreement with Dewberry Engineers, Inc. from Raleigh , NC, in the amount of $497,105 , to design and provide construction administration and observation for the School Waste Water Extension Project. E. Admini stration requests approval of the Project Ordinance for CCCC Hamett ADA and Parking F . Administration requests approval of a Special Warranty Deed to convey 1.8-acre real property tract, Parcel ID No. 0995469000, to Mr. Everette E. Smith for $6,000. G. Harnett County Sheriffs Office requests approval of the 2019 Harnett County Detention Center Health Plan. 6. Period of up to 30 minutes for informal comments allowing 3 minute s for each pre sentation 7. Appointments 8. Harnett County Workforce Development requests approval of a new full-time Workforce Development Eligibility Specialist position, Pay Grade 14 $29 ,573 plus benefits. This pos ition will be funded with WIOA grant funds . 9. Presentation regarding Freedom Balloon Fest, Project Uplift U SA 030419a HCBOC Page 1 10. County Manager's Report-Paula Stewart, County Manager Harnett County DSS Monthly Report -January 2019 11. New Business 12. Closed Session 13 . Adjourn 030419a HCBOC Page 2 Agenda Item __ 5_A __ HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting February 18, 2019 The Hamett County Board of Commissioners met in regular session on Monday, February 18, 2019, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 6:00 pm. Commissioner McKoy led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Mrs. Stewart requested the addition of the Hamett County Sheriffs Office request for approval of a contract with Summitt Food Services to provide meals for the inmates, staff and visitors of the Hamett County Jail. Commissioner Miller moved to approve the agenda as amended. Vice Chairman Penny seconded the motion that passed unanimously. Vice Chairman Penny moved to approve items on the consent agenda. Commissioner E lmore seconded the motion, which passed unanimously. 1. Minutes: February 4, 2019 Regular Meeting 2 . Budget Amendments: 10 Workforce Development Code 2404970 531090 2404970 531050 2404970 505010 2404970 507030 2404970 502090 2404970 330210 Training Voucher IT A Training Voucher Auth. Participant FICA Participant Workers Comp Participant Paid Work Exp Federal Source Adult 30,000 increase 6 ,450 increase 5 3 0 increase 20 increase 7 ,000 increase 44,000 increase February 18 , 2019 Regular Meeting Minutes Hamett County Board of Commiss ioners Page 1 of 6 030419a HCBOC Page 3 11 Workforce Development Code 2404970 504010 2404970 539090 2404970 531090 2404970 330210 16 Emergency Services Code 1104410 330310 1104411 330310 28 Health Department Code 1105110 522010 1105110 523010 1105110 523040 1105110 526010 1105110 534010 1105110 537010 1105110 543040 1105110 544095 1105110 330310 29 Department on Aging Code 1105160 528010 1105160 380840 195 Emergency Services Code 2104410 583000 2103900 390990 210 E mergency Services Code 1104410 544090 1103800 380850 546 Register of Deeds Code 2004190 587000 2004190 526010 2004190 519090 2004190 544000 2003900 390990 846 Administration Code 1104120 502090 1104120 502020 Participant Travel Child Care Training OJT Federal Source for HDW Emergency Service State Emergency Service Grant -State Food & Provisions Books & Publications Medical Supplies Office Supplies Printing & Binding Advertising Rent Incentives State Funds Special Projects Donations Non-Cop Asset -Large Equip Fund Balance Appropriated Outsourcing of Services Insurance Settlement Automation/Non Capital Outlay - Office Furniture Automation/Materials & Supplies Automation/Professional Services Automation/Contracted Services Automation/Fund Balance Appropriated Salaries & Wages -Contract Part Time Salaries & Wages 4 ,500 decrease 2 ,000 decrease 8,000 decrease 14,500 decrease 19,017 decrease 19,017 increase 600 increase 700 increase 3,915 increase 9,742 increase 7 5 0 increase 1,400 increase 300 increase 3 ,350 increase 20 ,757 increase 200 increase 200 increase 5 ,000 increase 5,000 increase 110,784 increase 110,784 increase 12,950 increase 1,000 decrease 1,668 decrease 7 5 8 decrease 9,524 increase 20,000 decrease 20,000 increase February 18, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 6 030419a HCBOC Page 4 3. Tax rebates, refunds and releases (Attachment 1) 4. Harnett County Workforce Development requested approval of an amendment to the FY 2018-2019 contract with Central Carolina Community College, grant recipient for the Triangle South Workforce Investment Area under the Workforce Innovation and Opportunity Act (WIOA). This amendment will increase funding for the Harnett County WIOA Ault Program by $44,000 . Of those funds, $14,500 will be transferred from the current Hamett County WIOA Dislocated Worker budget. 5. Harnett County General Services requested approval of the Dangerous Dog Committee By-Laws. 6. Harnett County Public Library requested approval of the revised Bylaws of the Hamett County Public Library Board of Trustees. Changes include a general update of language of the current 1999 bylaws as well as an amendment allowing for the appointment of a representative from the Boone Trail Community Center and Library to replace one of the six at large seats. 7. Harnett Regional Water (HRW) requested approval of a project ordinance creating the School Waste Water Extension Project consisting of the construction of approximately 35 ,000 linear feet (6.5 miles) of four and six-inch waste water force mains and three wastewater lift stations to serve three separate schools in the southern and central areas of Harnett County. The entire project is estimated to cost approximately $2,754,205 and will be jointly funded from HRW reserves and a NCGA grant of$500,000. (Attachment 2) 8. Harnett County Sheriffs Office requested approval of a Consulting Services Agreement with Michael D. Robertson to consult on the update of policy and procedures and to begin the process of receiving accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). The contract cost of $64 ,800 per year will not require additional funding to the Sheriffs Office during this project. 9 . Hamett County Sheriffs Office requested a new Administrative Assistant position, Pay Grade 17 $34,234 plus benefits, to assist in the management of the update of policy and procedure and to begin the process of receiving accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). The Sheriff's Office will cover the cost of this position for the remainder of the fiscal year with current budget. IO. Harnett County Sheriffs Office requested a new Captain position, Pay Grade 115, $60,241 plus benefits, to manage the CALEA Program once accredited. The Sheriffs Office will cover the cost of this position for the remainder of the fiscal year with current budget. The Sheriffs Office requested additional funding in the amount of $68 ,095 for office February 18, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 3 of 6 030419a HCBOC Page 5 equipment, vehicle, equipment and uniforms for two new positions. 11. Hamett County General Services requested approval of a construction contract with Southeastern Construction of Buies Creek, LLC in the amount of $771,970.00 for community building renovations at the Shawtown Campus, Lillington NC. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following citizens addressed the Board: Kris Nystrom of 391 Senter Lane in Bunnlevel Amos Love as Executive Director of the Beacon Mission Commissioner. Miller moved to approve the appointment listed below. Commissioner McKoy seconded the motion that passed unanimously. Hamett County Tourism authority Ken Adelberg was appointed to fill the unexpired term of John Hockaday expiring June 30, 2021. Harnett County Staff Attorney Christopher Appel petition the Board for a public hearing regarding possible closure of certain portions of the following unmaintained rights-of-way: (i) Senter Street between the Northern and Southern Railroad right-of-way and U.S. Highway 401; (ii) Betts Street between the Northern and Southern Railroad right-of-way and U.S. Highway 401; and (iii) Byrd Street between the northern line of the Betts Street right-of-way and the southern line of the Senter Street right-of-way. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. Commissioner Miller moved to approve the Resolution and Order of the Hamett County Board of Commissioners Closing Certain Portions of the Unmaintained Rights-of-way of Senter Street, Betts Street, and Byrd Street. Vice Chairman Penny seconded the motion that passed unanimously. (Attachment 3) Harnett County Development Services Director Mark Locklear petitioned the Board for a public hearing regarding Proposed Zoning Change: Case # PLAN 1812-0001: Landowners/ Applicants: Senter V & Others / Mauldin-Watkins Surveying PA; 12.61 +/-acres; Pin # 0654-62-0649.000 ; From RA-30 to Commercial Zoning District; US Hwy 401 North; Hector's Creek Township. Mr. Locklear noted on February 4 , 2019, the Harnett County Planning Board voted unanimously (4-0) to recommend approval based on compliance with the County's Land Use Plan, compliance with the NW Area Plan, as well as the area's existing nonresidential uses . He said several citizens attended the meeting and three spoke in opposition. Mr. Locklear said their concerns were associated with increased traffic, safety and a loss of privacy to their properties, as well as area lights being a possible disturbance. February 18, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 4 of 6 030419a HCBOC Page 6 Surrounding land uses consist ofresidential developments, individual single-family lots, and various nonresidential uses. Located directly across Hwy 401 is a 95 acre Industrial site, as well as approximately 9.5 acres within 10 lots , that are zoned Commercial. Services available include Harnett County public water and private septic tank. Mr. Locklear stated staffs evaluation as: The IMP ACT 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 change to Commercial will not have a negative impact on the community, as it is similar in nature to existing zoning districts and development patterns in this area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existing Land Use classification of a Compact Mixed Use, as well as within the Compatibility Development Target area. These two designations highlight growing areas of the County that consist of planned residential areas mixed with a variety of nonresidential uses. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Commercial would maintain or enhance the public health, safety and general welfare due to the area's existing commercial uses as well as the potential site improvements that would be required. The request is NOT for a SMALL SCALE REZONING and should be NOT be evaluated for reasonableness. REASONING: Due to the size of the tract , as well as the close proximity of like districts, this application does not need to be evaluated for 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 based on the existing nonresidential uses in this area as well as the County's Land Use Plan designation for this area therefore it is recommended that this rezoning request be approved . Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Wayne Mauldin , the applicant, spoke in favor of the rezoning request. Matt Mouzon of 192 Meredith Lane spoke in opposition of the rezoning request. Hannah Aggie of 174 Meredith Lane spoke in opposition of the rezoning request. Seeing no one else move, Chairman Springle closed the public hearing. Staff responded to questions. Commissioner Miller moved to approve the requested rezoning to Commercial as it is compatible with Harnett County regulatory documents and would not have an unreas onable impact on the surrounding community based on the existing nonresidential uses as well as the County's Land Use Plan designation for this area. Vice Chairman Penny seconded the motion, which passed 4 to 1 with Commissioner McKoy opposing. February 18, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 5 of 6 030419a HCBOC Page 7 Mrs. Stewart presented the following reports: Harnett County Department of Public Health Activities Summary -January 2019 In accordance with NCGS 105-369(a), this is a report from the Hamett County Tax Department that the unpaid taxes for the fiscal year 2018-2019 that constitute a lien on real property was $2,533 ,468.47 as of January 31 , 2019 . NC Total Retirement Plans Contribution-Based Benefit Cap Report Interdepartmental budget amendments Mrs. Stewart reviewed upcoming meetings and invitations. She also invited commissioners to attend an upcoming meeting with McGill and Associates, on behalf of Mid-Carolina COG, on Monday, February 25 , 2019 at 11 :00 am in the County Administration Building to interview the County to help determine the future of Mid-Carolina COG. Hamett County Sheriffs Office requested approval of a contract with Summitt Food Services (formerly ABL Food Services) to provide meals for the inmates , staff and visitors of the Hamett County Jail. The new contract includes an increase of approximately $.02 more per meal that the Sheriffs Office will attempt to absorb in their current budget. Vice Chairman Penny moved to approve the contract with Summitt Food Services. Commissioner McKoy seconded the motion that passed unanimously. There was no new business. Vice Chairman Penny moved that the Board go into closed session to hear reports concerning investigations of alleged criminal activities. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(7). Commissioner Miller second the motion that passed unanimou sly. Commissioner Miller moved that the Board come out of closed session. Vice Chairman Penny second the motion, which passed unanimously. Commissioner Elmore moved to adjourn the meeting at 7: 16 pm. Commissioner McKoy second the motion that passed unanimously. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk February 18, 2019 Regular Meeting Minutes Hamett County Board of Commissioners Page 6 of 6 030419a HCBOC Page 8 ATTACHMENT 1 Board Report Date 02/18/2019 Approved .Jd(! 60 (;, ,J-}5-)l/ To: Harnett County Board of Commissioners Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities Adjustment Reason Adjustment S. Keith Faulkner Tax Administrator , .. -. .--... --Bill Number 0001588129-2018-2018-0000-01 Type Received Amount Refund Amount Name REI $1,887.79 $387.00 CLARK, JOANN M 030419a HCBOC Page 9 ATTACHMENT 2 SCHOOL WASTEWATER EXTENSIONS PROJECT ORDINANCE BE IT ORDAINED by the Board of Commissioners of Hamett County, North Carolina, sitting as the governing board of Hamett County. Section I. This project consists of the construction of approximately 35 ,000 linear feet of 4 and 6 inch waste water force mains and 3 wastewater lift stations to serve three separate schools in the southern and central areas of Hamett County. Section IL This project will be jointly funded by Harnett Regional Water reserves and a grant from the North Carolina General Assembly. Section III . The following amounts are hereby appropriated for this project: Engineering Construction Materials & Supplies Land/ROW Legal/ Admin Contingency Total $ 497,105 1,988,100 45,000 20,000 10,000 194,000 $2,754,205 Section IV. It is estimated that the following revenue will be available for this capital project: HR W Reserves NCGA Grant Total Duly Adopted this 18th day of February, 2019. ATTEST: . ·' ~ $2,254,205 500,000 $ 2,754,205 oidon Springle, Hamett Coun · oard 030419a HCBOC Page 10 ATTACHMENT 3 - 1,,, ,-----Harnett i'/"" -:,.r'-=· COUN TY ~-( ~~~~~-------------------------------NORTH U .ROLINA www.harn ett.org A RESOLUTION AND ORDER OF IBE HARNETT COUNTY BOARD OF COMMISSIONERS CLOSING CERTAIN PORTIONS OF IBE UNMAINTAINED RIGHTS-OF-WAY OF SENTER STREET, BETTS STREET, AND BYRD STREET WHEREAS, Harnett County received a request for the closure of certain portions of the following unmaintained rights-of-way: (i) Senter Street between the Northern and Southern Railroad right-of-way and U.S. Highway 401; (ii) Betts Street between the Northern and Southern Railroad right-of-way and U.S . Highway 401; and (iii) Byrd Street between the northern line of the Betts Street right-of-way and the southern line of the Senter Street right-of-way; and WHEREAS, the portions of the unmaintained rights-of-way to be closed are the areas within the diagonal lines shown on Exhibit A attached hereto and incorporated herein (the unmaintained rights-of-way described in the first paragraph hereof and the rights-of-way within the diagonal lines shown on Exhibit A are collectively referred to herein as the "Rights-Of-Way"); and WHEREAS, the Rights-Of-Way are not within a city, and the Rights-of-Way are not under the control and supervision of the Department of Transportation; and WHEREAS, on January 7, 2019 the Harnett County Board of Commissioners (the "Board") adopted a resolution of intent to close the Rights-Of-Way (the "Initial Resolution"); and WHEREAS , on January 22 , 2019 the Board adopted a revised resolution of intent to close the Rights- Of-Way (the "Revised Resolution") changing the Public Hearing date to 6 PM on February 18, 2019; and WHEREAS, the Board caused a notice of the Public Hearing be published once a week for three successive weeks before the Public Hearing as required by North Carolina G.S. § l 53A-24 l; and WHEREAS, good faith attempts were made to locate the addresses of each adjoining property owner to send a copy of the Revised Resolution by registered or certified mail as required by North Carolina G.S. §153A-241; and WHEREAS, an address could not be located for one of the owners of an adj oining property located on US 401 N, Parcel Identification Number 0654-51-2521.000, to send a copy of the Revised Resolution by registered or certified mail ; and WHEREAS, a copy of the Revised Resolution was sent by registered or certified mail to all other adjoining property owners; and WHEREAS, a notice of the Public Hearing was prominently posted along the Rights-Of-Way as required by North Carolina G.S. § l 53A-24 l; and WHEREAS, the Board held a Public Hearing on the Rights-Of-Way closures on February 18, 2019 and heard all interested persons who appeared with respect to whether the closures would be detrimental to the public interest or to any individual property rights; and 1 strong roots • new growth 030419a HCBOC Page 11 WHEREAS , the Board finds, upon review of the facts and of information received at the Public Hearing, that closing the Rights-Of-Way is not contrary to the public interest and that no individual owning property in the vicinity of the rights-Of-Way will be deprived of reasonable means of ingress and egress to his or her property by the closing the Rights-Of-Way. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Harnett County Board of Commissioners that the Board hereby adopts this Resolution and Order pursuant to North Carolina G.S. §153A-241 , permanently closing the Rights-Of-Way. BE IT FURTHER RESOLVED that a certified copy of this Resolution and Order shall be recorded by the Clerk to the Board with the Harnett County Register of Deeds. This Resolution and Order shall be effective upon adoption. Adopted this the 18th day of February, 2019. Hamett Cou:;:;: Attest: 2 www.harn ett.org 030419a HCBOC Page 12 ~ re: EXIDBIT A ".~ ..... ,~· _,_ ... ; " L ;J •·\.~::. ·., •., '·'··f ' ) -I ... ,. ~-.l ' , ... ~ ..... "' ' •' . t!<!3 ,,, er ';\ ~ ~~).~~.t,, --· -,6·'--T •.... ,..._ .. O·IM-'"'l"OU o--__ .... _ ---,11._,_ O.IL-CUOIIOOO ,,.__,_ ,.,_._OI .... • -~-----~ -ll-TOlfX II ±~;; ~f s• :to• .,. 0' z: +r I I I I I I I I I &,o:#fl.f1'J ~~ ±! ' I ~ i =I : _,,,~, ... 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"""'--·-tllllj,IC'I'""""' .... .,., .............. _ ... ......,,_,..,..,. __ .. t -;r -•I~ •Ii j Ii I Li: II; 11''1 j • Jl , Id ~ ffi (J <I)~ t).., ~5 ~~ i:,:z ~ ~~;; 6> ¥ :>>-1:i <t ~~;~ ~ :z:~iji :i: Bi~~ ~ 16-0174 --11Mnt4pteoiT&, ExhibilA 030419a HCBOC Page 13 Agenda Item __ S_B_--' 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 . 2019: ·Section 1. To amend the Legal Department · the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER DESCRIPTION OF CODE 11 04150-502020 Salaries & Waaes -oort time 11 04150-539030 Leoal Temoorarv Helo services REVENUE CODE NUMBER DESCRIPTION OF CODE EXPLANATION : Legal Port time position #960 APPROVALS : P6.......A.....-(L S-+c 0G-..J;- :.2 --, ·~-. ~ Department Head (date) AMOUNT AMOUNT INCREASE DECREASE $ 10,000.00 $ 10,000.00 AMOUNT AMOUNT INCREASE DECREASE Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord, and to the Budget Officer and the Finance Officer for their direction. Adopted ________________ _ Margaret Regina Wheeler, Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioner! Jt-SorJ b 030419a HCBOC Page 14 COU NTY OF HAR N ETT BUDGET ORDINANCE AMENDMENT BE IT ORDA INED by the Governing Boord of the County of Harnett. North Carolina. that the fol lowing amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2019. Section 1. To amend the General Fund , Aging, the appropriati ons are to be changed as follows: EXPENDITURE ORG OBJECT PROJECT TASK SUB -TASK 1105160 526010 SHI IP OPERT MTSUP 1105160 5320 10 SH II P O PERT TE L&POST 1105160 5220 10 SHIIP OP ERT O TH ERCOST 1105160 531030 SHIIP OP ERT TRAVE L REVENUE ORG OBJECT PROJECT TASK SUB-TASK 1105160 330210 SHIIP FEDERAL USHlO EXPLANATION : To budget MIPPA funds received. APPROVALS : ~ O } ''1 , /) ;,Jt5 / I I { ... ,.,.., I .,... "1'' i..,-V / J, t " ,,_ Dept Head (date) Section 2. Copies of t his budget amendment sh all be Officer and the Finance Officer for their direction. JOB MAT&SUPPLY TELE&POST FOOD&PROV TRAVA DMIN JOB SHIIP Adopted this ___ day of _______ , 20 _. Margaret Regina Wheeler. Clerk to the Board AMOUNT DESCRIPTION OF CODE INCREASE DECREASE OFF IC E SUPPLIES $2,800 POSTAGE $195 FOOD & PROVISIONS $200 TRAVEL $100 AMOUNT DESCRIPTION OF CODE INCREASE DECREASE MED ICARE SHIIP $3,295 Gordon Springle. Chairman Board of Commissioners 030419a HCBOC Page 15 COUNTY OF HARNETT BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the Counly of Hamel!, North Carolina. that the following omendmenl be mode to the annual budget o rdinance for the fiscal year ending June 30. 2019 . Section 1. To amend the General Fund, Emergency Services deportment, the appropriations ore to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104411 529090 DRA17 OPERT MATIHEW ERWIN PROJ EMERGENCY SUPPLIES $481 .000 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104411 330310 DRA17 STATE NCDPS EMERGMGMT STATE $481,000 EXPLANATION : APPROVALS : Increase State Funding to appropriate funds received for the Harnett County-Disaster Recover Act (ORA) 17 from the North Carolina Department of Public Safety. These funds will be used for financial assistance to the Town of Erwin to repair their drainage system that was damaged from Hurricane Matthew. PC&d <-' 11..-. .):::k+;, CJ-- ~ el . ;} 1 ~ l <1 Finance f cer (dat e) J 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 ___ day of _______ . 20 _. Margaret Regino Wheeler. Clerk to the Board Gordon Springle. Chairman Board of Commissioners 030419a HCBOC Page 16 COUNTY OF HARNETT 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 tor the fiscal year ending June 30 . 20 19. Section 1. To amend the General fund , Sheriff Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104310 586000 EB217 OPERT NONCPASS ET PUBLICSAFE NON-CAP ASSET PUBLIC SAFETY $20,34 7 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB -TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104310 330210 EB217 FEDERAL USDOJ BJA EDWARD BYRNE 2017 $20,347 EXPLANATION : TO BUDGET FOR THE 2017 EDWARD BYR N E MEMORI AL GRANT AWARDED BY USOOJ BJA FOR FY 2018-2019. APPROVALS : Section 2. Copies o f this budget amendment shall be f and the Finance Officer for their direction. Adopted this ___ day of ________ . 20 _ . R ~ ~ "-'-'' 1.-lL ' ed c,, ,k- 1 County Manager (date) '\ oo'r JI ,..-I 'J rk the Board. and to the Budget Officer 030419a HCBOC Page 17 COUNTY OF HARNEn BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Hamett. North Carolina. that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30, 2019 . Section 1. To amend the General fund. Sheriff Department. the appropriations are to be changed as follows: EXPENDITURE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104310 586000 EB218 OPERT NONCPASSET PUBLICSAFE NON-CAP ASSET PUBLIC SAFETY $20.194 REVENUE AMOUNT ORG OBJECT PROJECT TASK SUB-TASK JOB DESCRIPTION OF CODE INCREASE DECREASE 1104310 330210 EB218 FEDERAL USDOJ BJA EDWARD BYRNE 2018 $20.194 EXPLANATION: TO BUDGET FOR THE 2018 EDWARD BYRNE MEMORIAL GRANT AWARDED BY USDOJ BJA FOR FY 2018-2019. APPROVALS: ~~\$\~ ~ J,~ ''°' Dept Head (date) Section 2. Copies of this budget amendment shall be and the Finance Officer for their direction. Adopted this ___ day of _______ , 20 _. 030419a HCBOC Page 18 Agenda Item ______ 5 __ C ___ __; Board Meeting Agenda Item MEETING DATE: t>f~,.~ '/, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Order to Advertise Delinquent 2018/2019 Real Property Taxes. REQUESTED BY : Silas Keith Faulkner, Tax Administrator REQUEST: Request that the Board have entered into the minutes an order for the Tax Administrator to advertise , pursuant to NCGS 105-369 (a), unpaid taxes for the fiscal year 2018/2019 that constitute a lien on real property. The unpaid county taxes on real property as of January 31 , 2019 were 2,533,468.47. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U :\Board Of Comm issio ners\2 0 19 Agenda Req uest.docx Page I of I 030419a HCBOC Page 19 Date run: 2/1/2019 10:57:34 AM Data as of: 1/31/2019 7:51 :28 PM Report Parameters: Date Sent to Finance Start: Min -December 1, 2017 Tax District: HARNETT COUNTY TR-401 E Net Collections Report NCPTSV4 Date Sent to Finance End: Max -January 31, 2019 Abstract Type: REI Levy Type: LATE LIST PENAL TY, SOLID WASTE FEE, TAX Tax Year: 2018 Default Sort-By: Tax Year TAX DISTRICT: HARNETT COUNTY 2018 0.00 Sub. 0.00 TAX DISTRICT: HARNETT COUNTY 2018 0.00 Sub. 0.00 YearFor: 2018,2017,2016,2015,2014,2013,2012,2011, 2010,2009,2008,2007,2006,2005,2004,2003, 2002,2001,2000,1999,1998,1997,1996 Collapse Districts: N Grouping: Tax District.Levy Type ~-.. r , · .. ... , . '" ', . .. , .'I. • • ,, ' ~-• .,~ ... ;.W:,c';~c·\f"'".) . Discovered Levy($) Additional . Levy($) ; '.:."·.: .. ~ .. ){·· l ... ~~ .. "'~ .. rr~!lect:ion;Fl«f_; ~-~~-Col.~~ 1Unpaid!Ba_l~~e · ,·~.'.Amt($LJ7' .... -~·t,',· ($)·,,,1~~: asofil/31/2019 :'-}i)t?h·r7t; t:r:;.{1~1~1 fK~~~t '.~/o"-Uncoll. asof '1/31/2019 ($) .. · ... ~~-~' ~. ;r:1,,_.. ~:" :·.....:: ~t..*•'• !\ .......... ..,., ........ ...,., . .. LEVY TYPE: LA TE LIST PENAL TY 204.11 300.63 2.48 544.32 0.00 389.47 71.22 15.37 15.46 % 204.11 300.63 2.48 544.32 0.00 389.47 71.22 15.37 15.46 % LEVY TYPE: SOLID WASTE FEE 3,792.110.00 52,150.00 2,450.00 1,890.00 0.00 3,450,471.03 297,538.97 8,610.00 7.94% 3,792,110.00 52,150.00 2,450.00 1,890.00 0.00 3,450,471.03 297,538.97 8,610.00 7.94% PAGE 1 of2 030419a HCBOC Page 20 TAX DISTRICT: HARNETT COUNTY 2018 0.00 Sub. 0.00 Total 0.00 Signature (Tax Collector} ·~Abs~Adj:($)~ :.-, f,, '.~w·; '.: (:: '.. ,· . . .. .. LEVY TYPE: TAX 52,764,379.11 113,274.07 52,764,379.11 113,274.07 56,556,693.22 165,724.70 Bilt'Releases .($)! -·.--· ..... ····, .. .-' 40,354.81 40,354.81 42,807.29 PAGE 2 of2 43,859.80 364,561.64 43,859.80 364,561.64 46,294.12 373,187.01 "CollectiortFee~~ ~:Amt($)' ; .-' 0.00 0.00 0.00 50,485,703.20 2,533,468.47 4.78 % 50,485,703.20 2,533,468.47 4.78% 53,936,563.70 2,831,078.66 4.99% 030419a HCBOC Page 21 Agenda Item _ ...... 5 .... D __ Board Meeting Agenda Item MEETING DATE: Fehr11a1, 18, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT : Engineering Agreement for School Waste Water Extension Project REQUESTED BY: Steve Ward, HRW Director REQUEST: This is a formal request for the Board to approve an engineering agreement with Dewberry Engineers, Inc. from Raleigh , NC in the amount of$497,105. The engineers will design and provide construction administration and observation for the School Waste Water Extension Project. The engineering agreement is attached for your review. Please place this item on the agenda at the next available meeting. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfilea\Puusers\sward\My Do cument s\School Projects\Dewberry Eng ineering Agreement Agenda Request 2-4-19 .docx Page I of I 030419a HCBOC Page 22 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by EJcnc·_ • ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC AM CRK AN COUNCIL 0 1· E NGIK H RING COM l'ANI U ASCE AMERICAN SOSIEif OF CIVIL ENGINEERS A National Society of W Professional Engineers® EJCDC111 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved . 030419a HCBOC Page 23 Copyright © 2014: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston , VA 20191 -4400 (800) 548-2723 www.asce .org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. 030419a HCBOC Page 24 TABLE OF CONTENTS ARTICLE 1-SERVICES OF ENGINEER .................................................................................................................. 1 1.01 Scope .............................................................................................................................................. 1 ARTICLE 2 -OWNER'S RESPONSIBILITIES ........................................................................................................... 1 2 .01 General ........................................................................................................................................... 1 ARTICLE 3 -SCHEDULE FOR RENDERING SERVICES ........................................................................................... 2 3.01 Commencement ............................................................................................................................ 2 3.02 Time for Completion ...................................................................................................................... 2 ARTICLE 4-INVOICES AND PAYMENTS .............................................................................................................. 2 4 .01 Invoices ........................................................................................................................................... 2 4.02 Payments ........................................................................................................................................ 2 ARTICLE 5 -OPINIONS OF COST .......................................................................................................................... 3 5.01 Opinions of Probable Construction Cost ....................................................................................... 3 5.02 Designing to Construction Cost Limit ............................................................................................ 3 5.03 Opinions of Total Project Costs ..................................................................................................... 3 ARTICLE 6 -GENERAL CONSIDERATIONS ........................................................................................................... 3 6.01 Standards of Performance ............................................................................................................. 3 6.02 Design Without Construction Phase Services ............................................................................... 5 6.03 Use of Documents .......................................................................................................................... 5 6.04 Electronic Transmittals .................................................................................................................. 6 6.05 Insurance ........................................................................................................................................ 6 6.06 Suspension and Termination ......................................................................................................... 7 6.07 Controlling Law .............................................................................................................................. 9 6.08 Successors, Assigns, and Beneficiaries .......................................................................................... 9 6.09 Dispute Resolution ......................................................................................................................... 9 6.10 Environmental Condition of Site ................................................................................................... 9 6.11 Indemnification and Mutual Waiver ........................................................................................... 10 6 .12 Records Retention ....................................................................................................................... 11 6.13 Miscellaneous Provisions ............................................................................................................. 11 ARTICLE 7 -DEFINITIONS .................................................................................................................................. 12 7.01 Defined Terms .............................................................................................................................. 12 ARTICLE 8-EXHIBITS AND SPECIAL PROVISIONS ............................................................................................. 15 8.01 Exhibits Included : ......................................................................................................................... 15 8.02 Total Agreement: ......................................................................................................................... 16 8.03 Designated Representatives: ....................................................................................................... 16 8.04 Engineer's Certifications: ............................................................................................................. 16 8.05 E-Verify: ............................................................................................................................................... 17 EJCDC 111 E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved . 030419a HCBOC Page 25 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between County of Harnett ("Owner") and Dewberry Engineers Inc. ("Engineer"). ---~----'"'------------------------------ Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Elementary Schools Pumping Stations and Force Mains ("Project"). - Other terms used in this Agreement are defined in Article 7. Engineer's services under this Agreement are generally identified as follows: professional services to design and assist with bid, award and construction phase services for the Project. Owner and Engineer further agree as follows: ARTICLE 1-SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 -OWNER'S RESPONSIBILITIES 2 .01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Article 4 and Exhibit C. C. Owner shall be responsible for all requirements and instructions that it furnishes to Engineer pursuant to this Agreement, and for the accuracy and completeness of all programs, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement , subject to any express limitations or reservations applicable to the furnished items. D. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of: 1. any development that affects the scope or time of performance of Engineer's services; 2. the presence at the Site of any Constituent of Concern; or EJCDC® E-500, Agreement Between Owner and Engineer for Professional Serv ices . Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All right s reserved . Page 1 030419a HCBOC Page 26 3. any relevant, material defect or nonconformance in: (a) Engineer's services, (b) the Work, (c) the performance of any Constructor, or (d) Owner's performance of its responsibilities under this Agreement. ARTICLE 3 -SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date . 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time . Specific periods of time for rendering services, or specific dates by which services are to be completed, are provided in Exhibit A, and are hereby agreed to be reasonable . B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project or Engineer's services, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. ARTICLE 4 -INVOICES AND PAYMENTS 4 .01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer sha II submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then : 1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and EJCDC ® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page2 030419a HCBOC Page 27 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion subject to the terms of Paragraph 4.01. D. Sales or Use Taxes: If after the Effective Date any governmental entity takes a legislative action that imposes additional sales or use taxes on Engineer's services or compensation under this Agreement, then Engineer may invoice such additional sales or use taxes for reimbursement by Owner. Owner shall reimburse Engineer for the cost of such invoiced additional sales or use taxes; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 -OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions (if any) of probable Construction Cost are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, n:iaterials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, then Owner agrees to obtain an independent cost estimate. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in tabulating the various categories that comprise Total Project Costs . Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs . ARTICLE 6-GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved . Page 3 030419a HCBOC Page 28 implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner-furnished information. C. Consultants: Engineer may retain such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Compliance with Laws and Regulations, and Policies and Procedures: 1. Engineer and Owner shall comply with applicable Laws and Regulations. 2. Engineer shall comply with any and all policies, procedures, and instructions of Owner that are applicable to Engineer's performance of services under this Agreement and that Owner provides to Engineer in writing, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based on Laws and Regulations and Owner-provided written policies and procedures as of the Effective Date. The following may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, or compensation: a. changes after the Effective Date to Laws and Regulations; b. the receipt by Engineer after the Effective Date of Owner-provided written policies and procedures; c. changes after the Effective Date to Owner-provided written policies or procedures. F. Engineer shall not be required to sign any document, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner 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 signing any such document. G. The general conditions for any construction contract documents prepared hereunder are to be EJCDC ® C-700 "Standard General Conditions of the Construction Contract" (2013 Edition), prepared by the Engineers Joint Contract Documents Committee, unless expressly indicated otherwise in Exhibit J or elsewhere in this Agreement. EJCDC* E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 4 030419a HCBOC Page 29 H. Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a Constructor to comply with Laws and Regulations applicable to that Constructor's furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. I. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's, failure to furnish and perform the Work in accordance with the Construction Contract Documents. J. Engineer shall not be responsible for any decision made regarding the Construction Contract Documents, or any application, interpretation, clarification, or modification of the Construction Contract Documents, other than those made by Engineer or its Consultants. K. Engineer is not required to provide and does not have any responsibility for surety bonding or insurance-related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. L. Engineer's services do not include providing legal advice or representation . M. Engineer's services do not include (1) serving as a "municipal advisor' for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission, or (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances. N. While at the Site, Engineer, its Consultants, and their employees and representatives shall comply with the applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Design Without Construction Phase Services A. Not used 6.03 Use of Documents A. All Documents are instruments of service, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. B. If Engineer is required to prepare or furnish Drawings or Specifications under this Agreement, Engineer shall deliver to Owner at least one original printed record version of such Drawings and Specifications, signed and sealed according to applicable Laws and Regulations. EJCDC® E-SOO, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Soci ety of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All right s reserved . Page S 030419a HCBOC Page 30 C. Owner may make and retain copies of Documents for information and reference in connection with the use of the Documents on the Project. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all services relating to preparation of the Documents, and subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's so le risk and without liability or legal exposure to Engineer or to its officers, directors, members, pa_rtners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. D. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. 6 .04 Electronic Transmittals A. Owner and Engineer may transmit, and shall accept, Project-related correspondence, Documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol. B. If this Agreement does not establish protocols for electronic or digital transmittals, then Owner and Engineer shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. 6.05 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G. Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G. Owner shall cause Engineer and its Consultants to be listed as additional insureds on any general liability policies carried by Owner, which are applicable to the Project. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved . Page 6 030419a HCBOC Page 31 C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability insurance purchased and maintained by Contractor for the Project. D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project, including but not limited to any builder's risk policy, shall allow for waiver of subrogation rights and contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insured the.reunder or against Engineer or its Consultants. Owner and Engineer waive all rights against each other, Contractor, the Consultants, and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by any builder's risk policy and any other property insurance relating to the Project. Owner and Engineer shall take appropriate measures in other Project-related contracts to secure waivers of rights consistent with those set forth in this paragraph. F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and that renewal will not be refused, until at least 10 days prior written notice has been given to the primary insured . Upon receipt of such notice, the receiving party shall promptly forward a copy of the notice to the other party to this Agreement. G. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.06 Suspension and Termination A. Suspension : l. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer. 2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Owner has failed to pay Engineer for invoiced services and expenses, as set forth in Paragraph 4.02.B, or in response to the presence of Constituents of Concern at the Site, as set forth in Paragraph 6.10.D. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, Am erican Council of Engineering Companies , and American Soc iety of Civil Engineers. All rights reserved. Page 7 030419a HCBOC Page 32 B. Termination: The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. by either party upon 30 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. b. by Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control, or as the result of the presence at the Site of undisclosed Constituents of Concern, as set forth in Paragraph 6.10.D. 3) Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.06.B.l.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upo·n Engineer's receipt of notice from Owner. C. Effective Date of Termination: The terminating party under Paragraph 6.06.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D. Payments Upon Termination: 1. In the event of any termination under Paragraph 6.06, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03. EJCOC® E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 8 030419a HCBOC Page 33 6.07 Controlling Law A. This Agreement is to be governed by the Laws and Regulations of the state in which the Project is located . 6.08 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.08.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third -party individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.08.C shall appear in the Construction Contract Documents. 6.09 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights at law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.09.A, then either or both may invoke the procedures of Exhibit H . If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights at law. 6.10 Environmental Condition of Site A. Owner represents to Engineer that as of the Effective Date to .the best of Owner's knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at or adjacent to the Site. EJCDC ~ E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved . Page 9 030419a HCBOC Page 34 B. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. C. It is acknowledged by both parties that Engineer's scope of services does not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an undisclosed Constituent of Concern, then Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take any necessary corrective action. D. If investigative or remedial action, or other professional services, are necessary with respect to undisclosed Constituents of Concern, or if investigative or remedial action beyond that reasonably contemplated is needed to address a disclosed or known Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until such portion of the Project is no longer affected. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on seven days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner," "arranger," "operator," "generator," or "transporter'' of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.11 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted by Laws and Regulations, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, and employees, from losses, damages, and judgments (including reasonable consultants' and attorneys' fees and expenses) arising from third-party claims or actions relating to the Project, provided that any such claim, action, loss, damages, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants. B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations. C. Environmental Indemnification: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, costs, losses, damages, actions, and judgments (including reasonable consultants' and attorneys fees and expenses) EJCDC® E-500 , Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved . Page 10 030419a HCBOC Page 35 caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim , cost, loss, damages, action, or judgment is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. No Defense Obligation: The indemnification commitments in this Agreement do not include a defense obligation by the indemnitor unless such obligation is expressly stated. E. Mutual Waiver: To the fullest extent permitted by Laws and Regulations, Owner and Engineer waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes. 6.12 Records Retention A. Engineer shall maintain on file in legible form, for a period of five years following completion or termination of its services, all Documents, records (including cost records), and design calculations related to Engineer's services or pertinent to Engineer's performance under this Agreement. Upon Owner's request, Engineer shall provide a copy of any such item to Owner at cost. 6.13 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver: A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by Laws and Regulations, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 030419a HCBOC Page 36 ARTICLE 7 -DEFINITIONS 7 .01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following definitions: 1. Addenda-Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding requirements or the proposed Construction Contract Documents . 2. Additional Services-The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Ex hibit A of this Agreement. 3. Agreement-This written contract for profess ional services between Owner and Engineer, including all exhibits identified in Paragraph 8 .01 and any duly executed amendments. 4. Application for Payment-The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Construction Contract. 5. Basic Services-The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 6. Change Order-A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Construction Contract Price or the Construction Contract Times, or other revision to the Construction Contract, issued on or after the effective date of the Construction Contract. 7. Change Proposal-A written request by Contractor, duly submitted in compliance with the procedural requirements set forth in the Construction Contract, seeking an adjustment in Constru ction Contract Price or Construction Contract Times, or both; contesting an initial decision by Engineer con cerning the requirements of the Con struction Contract Document s or the ac ceptability of Work under the Construction Contract Documents; challeng ing a set-off against payments due; or seeking other relief with respect to the terms of the Construction Contract. 8. Con stituent of Con cern-Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous w aste, and any substan ce, product, waste, or other material of any nature whatsoever that is or become s li sted, regulated , or addre ssed pursuant to (a) the Comprehensive Environmental Res ponse, Compensation and Liability Act, 42 U.S.C. §§9601 et seq . ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq .; (c) the Resource Conservation and Recovery Act, 42 U .S.C . §§6901 et se q. ("RCRA"); (d) the To xic Sub stan ces Control Act, 15 U.S.C. §§2601 et seq.; (e) the Cle an Water Act, 33 U.S.C. §§1251 et seq .; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, State, or local statute, law, rule , regulation, ordinance, resolution, code, order, or de cree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardou s, toxic, or dangerou s waste, substance, or material. EJCDC ® E-500, Agreement Betwe en Owner and En gi neer for Professional Service s. Copyright © 2014 National Soci ety of Professiona l Engineers, American Council of Engineering Companies, and American Soci ety of Civil Engin eers. All rights reserved . Page 12 030419a HCBOC Page 37 9. Construction Contract-The entire and integrated written contract between the Owner and Contractor concerning the Work. 10. Construction Contract Documents-Those items designated as "Contract Documents" in the Construction Contract, and which together comprise the Construction Contract. 11. Construction Contract Price-The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Construction Contract Documents. 12. Construction Contract Times-The number of days or the dates by which Contractor shall: (a) achieve milestones, if any, in the Construction Contract; (b) achieve Substantial Completion; and (c) complete the Work. 13. Construction Cost-The cost to Owner of the construction of those portions of the entire Project designed or specified by or for Engineer under this Agreement, including construction labor, services, materials, equipment, insurance, and bonding costs, and allowances for contingencies. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights-of-way, or compensation for damages to property; Owner's costs fo~ legal, accounting, insurance counseling, or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner. Construction Cost is one of the items comprising Total Project Costs. 14. Constructor-Any person or entity (not including the Engineer, its employees, agents, representatives, and Consultants), performing or supporting construction activities relating to the Project, including but not limited to Contractors, Subcontractors, Suppliers, Owner's work forces, utility companies, other contractors, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them. 15. Consultants-Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates and consultants; subcontractors; or vendors. 16. Contractor-The entity or individual with which Owner enters into a Construction Contract. 17. Documents-Data, reports, Drawings, Specifications, Record Drawings, building information models, civil integrated management models, and other deliverables, whether in printed or electronic format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 18. Drawings-That part of the Construction Contract Documents that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date-The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 20. Engineer-The individual or entity named as such in this Agreement. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engineers, Am erican Council of Engineering Companies, and American Society of Civil Engineers. All rights re se rved . Page 13 030419a HCBOC Page 38 21. Field Order-A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times. 22. Laws and Regulations; Laws or Regulations-Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 23. Owner-The individual qr entity named as such in this Agreement and for which Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 24 . Project-The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the services to be performed or furnished by Engineer under this Agreement are a part. 25. Record Drawings-Drawings depicting the completed Project, or a specific portion of the completed Project, prepared by Engineer as an Additional Service and based on Contractor's record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction . 26 . Reimbursable Expenses-The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic Services and Additional Services for the Project. 27 . Resident Project Representative-The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 28. Samples-Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged . 29. Shop Drawings-All drawings, diagrams, illustrations, schedu les, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Construction Contract Documents. 30. Site-Lands or areas to be indicated in the Construction Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 31. Specifications-The part of the Construction Contract Documents that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied EJCDC "' E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies , and American Society of Civil Engineers . All rights reserved. Page 14 030419a HCBOC Page 39 to the Work, and certain administrative requirements and procedural matters applicable to the Work. 32 . Subcontractor-An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 33 . Substantial Completion-The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed " as applied to all or part of the Work refer to Substantial Completion thereof. 34 . Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 35 . Total Project Costs-The total cost of planning, studying, designing, constructing, testing, commissioning, and start-up of the Project, including Construction Cost and all other Project labor, services, materials, equipment, insurance, and bonding costs, allowances for contingencies, and the total costs of services of Eng ineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights-of-way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling, and auditing service s, interest and financing charge s incurred in connection with the Project, and the cost of other services to be provided by others to Owner. 36 . Work-The entire construction or the variou s separately identifiable parts thereof required to be provided under the Con struction Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related service s such as testing, start- up, and commissioning, all as required by the Con struction Contract Documents. 37 . Work Change Directive-A written directive to Contractor issued on or after the effective date of the Construction Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work, B. Day: 1. The word "day" means a cal endar day of 24 hours measured from midnight to the ne xt midnight. ARTICLE 8 -EXHIBITS AND SPECIAL PROVISIONS 8 .01 Exhibits Included: A. Exhibit A, Engineer's Services . B. Exhibit B, Owner's Re sponsibilities. EJCDC<'I E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society o f Professi o nal Eng ineers, America n Council of Enginee r ing Companies, and American Society of Civil Engineers. All rights reserved. Page 15 030419a HCBOC Page 40 C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. E. Exhibit E, Notice of Acceptability of Work -not used. F. Exhibit F, Construction Cost Limit-not used. G. Exhibit G, Insurance. H. Exhibit H, Dispute Resolution. I. Exhibit I, Limitations of Liability. J. Exhibit J, Special Provisions -not used. K. Exhibit K, Amendment to Owner-Engineer Agreement -not used. 8.02 Total Agreement A. This Agreement, (together with the exhibits included above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a written instrument duly executed by both parties. Amendments should be based whenever possible on the format of Exhibit K to this Agreement. 8.03 Designated Representatives A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to this Agreement on behalf of the respective party whom the individual represents. 8.04 Engineer's Certifications A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services . Copyri ght © 2014 National Society of Profe ssional Engineers, American Council of Engineering Companies, and American Society of Civil Eng ineers . All rights reserved . Page 16 030419a HCBOC Page 41 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. 8.05 E-Verify A. Engineer understands that E-Verify is the federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify .the work authorization of newly hired employees pursuant to federal law in accordance with §64-25(5) of the North Carolina General Statutes. Provided that Engineer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State, then the Engineer understands and certifies that they shall verify the work authorization of the employee through E-Verify in accordance with §64-26(a) of the North Carolina General Statutes. Engineer further certifies that their subcontractors comply with E-Verify pursuant to federal law, and Engineer will ensure compliance with E-Verify by any subcontractors subsequently hired by Engineer. EJCDC ® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright© 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved . Page 17 030419a HCBOC Page 42 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Harnett County Engineer: Dewberry Engineers Inc. By: By: Print name: Print name: Title: Title: Date Signed: Date Signed: Engineer License or Firm's Certificate No. (if required): Address for Owner's receipt of notices: PO Box 1119 Lillington NC 27546 F-0929 State of: North Carolina Address for Engineer's receipt of notices: 2610 Wycliff Road, Suite 410 Raleigh, North Carolina 27607 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Matthew West, PE Title: Title: Senior Associate Phone Number: Phone Number: 919.424 .3770 ---------------E-Mail Address: E -Ma ii Address: mwest@Dewberry.com EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright© 2014 National Society of Profe ssiona l Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rig hts rese rved . Page 18 030419a HCBOC Page 43 Engineer's Services This is EXHIBIT A, consisting of 13 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated ----- Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1-BASIC SERVICES Al.01 Background A. The OWNER intends to extend its wastewater collection system to serve several schools within Harnett County. The project consists of two project areas: 1. Sewer Extension Area 1-Pumping station at Cape Fear Christian Academy with force main along US-421 to the existing gravity sewer at Airport Road. 2 . Sewer Extension Area 2 -Pumping stations at South Harnett Elementary School and Anderson Creek Elementary School with force mains that extend along NC-210 and Overhills Drive to the existing gravity sewer near the South Prong of Anderson Creek. B. Area 1 design includes a new 80-gpm pumping station on the Cape Fear Christian Academy property and a new 4" PVC force main within US-421 right-of-way for approximately 3 miles, at which point the force main will connect to an existing sewer manhole near Airport Road. C. Area 2 includ es a new 80-gpm pump station on the South Harnett Elementary School property and a new 4" PVC force main along NC-210 and Overhills Drive . To the maximum extent possible, the force main will be installed within NC-210 right-of-way, but its width varies from 60 feet to 100 feet and easements may be required at some locations along the alignment. Th e force main will then discharge to the proposed Anderson Creek School Pump Station (80 gpm). A 4" PVC force main will then extend along Overhills Drive for approximately 1.7 miles and terminate at an existing sewer manhole near the South Prong of Anderson Creek. D. The OWNER's design requirements and NC DENR's minimum design criteria for wastewater collection systems will be referenced and appropriate requirements incorporated into the design. E. Each pumping station will consist of: 1. Precast concrete wet well, valve vault and meter vault 2. Generator with automatic transfer switch, su itable to operate both sewage pumps simu ltaneously and ancillary equipment 3. Power distribution system mounted on an exterior electrical panel Exhibit A-Engineer's Services EJCOC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright© 2014 National Society of Professional Engineers, American Council of Eng ineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 030419a HCBOC Page 44 4. Davit crane for pump retrieval/installation 5. New electrical service via Duke Energy 6. Water service from nearest County water main including backflow preventer and yard hydrant 7 . Telemetry system for connection to the OWNER's SCADA system 8. Emergency bypass sewage pump "COnnection 9. Fence with gravel inside the fence perimeter 10. Short section of 8-inch gravity sewer to a point just beyond the fence limit and a manhole where each school can connect its building sewer. 11. Gravel driveway to/from a public road to the station site F. Each school will construct its own building sewer and abandon its existing onsite wastewater system. G. The OWNER will provide the ENGINEER with latest available record drawings for its utilities and county GIS data to aid the design. Al.02 SCOPE OF SERVICES A. General 1. This scope of services only encompasses design and bid/award phase services at this time. Services to be provided by the ENGINEER under this agreement shall be limited to the following tasks: a. Task 100-Project Initiation and Design Management b. Task 200 -Topographic Survey c. Task 300 -Subsurface Utility Survey-not used d. Task 400-Easement and Land Acquisition Mapping e. Task 500 -Geotechnical Investigations -not used f. Task 600 -Wetlands Delineation g. Task 700-Design h. Task 800 -Permitting i. Task 900 -Bid and Award j . Task 1000 -Construction Administration Exhibit A-Engineer's Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and Americ an Society of Civil Engineers. All rights reserved. Page 2 030419a HCBOC Page 45 k. Task 1100 -Construction Observation 2 . The project will be constructed via one construction contract that includes all force main and pumping station work . 3 . The detailed scope of services for the bas ic and additional services included under this Agreement follow: B. TASK 100 PROJECT INITIATION AND DESIGN MANAGEMENT Task 101 Develop Detailed Project Schedule A detailed schedule will be developed for the project's design and permitting phases. The schedule will be reviewed with the OWNER and finalized , with copies sent to the OWNER. The schedule will be developed using Microsoft Project. The schedule will incorporate interim deliverables and review periods for the following: • 30 percent design submittal • 90 percent design submittal • OWNER review time • Easement map preparation and easement acquisition timeframe • Regulatory agency review • Final Contract Documents Task 102 Project Chartering and Work Plan A project chartering meeting, or kick -off meeting, will be held via phone with the OWNER to discuss project schedule, administrative procedures, respective responsibilities, communications, OWNER contacts, OWNER expectations, progress reporting, data collection , and other project matters as appropriate. ENGINEER shall prepare work plan detailing project schedules and issues listed above and provide three copies to the OWNER. At the project chartering meeting, critical success factors will be identified as well as the proce ss, activities, and tasks necessary to satisfy these success factors . Key stakeholders of the OWNER's and ENGINEER's project teams are expected to attend. Task 103 Project Meetings and Monthly Reporting The ENGINEER shall meet with OWNER's representative(s) on a regular basis throughout the design period to keep the OWNER apprised of project progre ss and all significant issu es. A total of four (4) meetings at the OWNER's office are budgeted, which includes a 30 percent and 90 percent revi ew meeting. Regularly scheduled phone calls for project updates and coordination will be held approximately every 3 weeks. A monthly engineer's report will be submitted with each monthly invoice. Deliverables: 1) Project schedule 2) Monthly progress reports with invoices 3) Meeting minutes C. TASK 200 TOPOGRAPHIC SURVEY Exhibit A -Engineer's Services EJCDC ~ E-500, Agreement Between Owner and Engineer for Professional Services. Co pyright © 2014 National Society of Profession al En gineers, American Council of Engineering Compa nies, and Am erican Society of Civil Engineers. All ri ghts reserved . Page 3 030419a HCBOC Page 46 A survey will be de veloped for the project areas . The survey will be developed through a combinat ion of aerial survey, ground survey and utility designation. Task 201 Field Survey Survey tasks include : 1) An aerial survey will be performed in the project area. Only a portion of total aerial survey area will initially be mapped into AutoCAD files. Flown areas outside of the proposed station parcels and force main alignment shall remain undeveloped unless development of such data is requested by OWNER . The aerial survey will include : a) Topography and visible features on the Cape Fear Christian Academy parcel b) Topography and visible features on the South Harnett County Elementary School parcel c) Topography and visible features on the Anderson Creek Elementary School Parcel d) Topography and visible features from edge of right-of-way to edge of right-of-way along US-421 e) Topography and visible features from edge of right-of-way to edge of right-of-way along NC -210, Anderson Creek School Drive and Overhills Drive f) Where stream or wetland crossings are necessary, an additional 80 feet of topographic survey will be obtained on both sides of the culvert/bridge crossing g) Forested lands and wetlands shall be shown based upon delineations and individual trees may not be located . 2) The ground survey will include : a) Establishing benchmarks for the aerial survey. Set a horizontal control for the duration ofthe project. Set vertical control based upon NAVO 88 datum . Set benchmarks throughout the project and labeled on the files provided . b) Pipe and culvert inverts, pipe and culvert size, stream ce nterline elevations, top of stream bank, utilities located via SUE , pavement material type c) Privately-owned well s within 100 feet of the proposed force main alignment d) Topography in area s designated as 'obscured ' by the aerial survey e) Along US-421 , area from edge of pavement to edge of right-of-way along one shoulder f) Along NC-210, Anderson Creek School Road and ·Overhills Drive, area from edge of pavement to edge of right-of-way along one shoulder . g) Wetland and stream delineations h} Stream invert at the proposed cross ings i) Geotechnical borings locations j) Water main lo cation ba sed upon OWNER designation k) Water service location ba sed upon OWNER d es ignation 3) Survey will developed in AutoCAD format. 4) AE Flood Zones (100 year flood) and X Flood Zone s (500 ye ar) based upon County GIS data will be shown. S) Property lines along the force main corridors will be based upon either NCDOT monuments found or NCDOT record drawings D. TASK 300 SUBSURFACE UTILITY SURVEY No servi ces at this time. Exhibit A -Engineer's Services EJCDC ® E-500, Agreement Betwee n Owner and Engineer for Professional Se rvi ce s. Copyright © 2014 Nation al Society of Profes sional Engineers, Am erican Counci l of Engin eering Companies, and American Society of Civil Engi neers. All rights reserved . Page 4 030419a HCBOC Page 47 E. TASK 400 EASEMENT AND LAND ACQUISITION MAPPING Task 401 Pumping Station Lots ENGINEER shall: 1) Perform a complete boundary survey for Cape Fear Christian School site for subdividing the parcel such that the OWNER can acquire a separate pumping station parcel from the larger parcel. a) Research will be conducted using information provided at the Harnett County GIS and Register of Deeds. b) Additional documentation will be considered if it is provided to ENGINEER by OWNER. c) This information will become the basis of the boundary survey for Pl N #s 0598-05- 7489 and 0598-05-4256 Task 402 Force Main Easements ENGINEER shall: 1) Develop easement maps for permanent util ity easement where the proposed force main crosses a parcel along the US-421, NC-210, Anderson Creek School Road and Overhills Drive corridors. a) For the purposes of this proposal, ENGINEER has assumed four (4) easement maps where stream or wetland crossings are necessary along US-421. b) For the purposes of this proposal, ENGINEER has assumed six (6) easement maps along NC-210 where stream or wetland crossings are necessary and/or insufficient road right-of-way (60 feet wide versus 100 wide) exists. c) For the purposes of this proposal, ENGINEER has assumed six (6) easement maps along Overhills Drive where stream or wetland crossings are necessary. d) Easement exhibits will be developed in accordance with Harnett County guidelines and will include, but not be limited to, the following: e) Proposed easement areas to be acquired f) Flood plain on affected lots g} Existing easements of record with recorded reference h) Current Owner Name, Parcel Street Address 2) Sixteen (16} easement maps are anticipated at a cost of $1,260 per exhibit. Deliverables: 1) Cape Fear Christian Academy. Signed and sealed subdivision map showing the proposed pumping station parcel, access and permanent utility easement locations. 2) Easement maps for permanent utility easement along the force main corridors. F. TASK 500 GEOTECHNICAL INVESTIGATIONS No services at this time . Exhibit A -Engineer's Services EJCDC ® E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engineers, America n Council of Engineering Companies, and American Society of Civil Engineers. All rights rese rved. Page 5 030419a HCBOC Page 48 G. TASK 600 WETLAND AND STREAM SCREENING Task 601 Wetland and Stream Screening ENGINEER will review appropriate information sources to identify areas within the revised project site area that are likely to be considered "Waters of the US" (i.e., wetland, stream, and open water features} and subject to jurisdiction by Environmental Protection Agency (EPA} under Sections 404 and 401 of the Clean Water Act {CWA), in accordance with USACE (United States Army Corps of Engineers) and DWR {North Carolina Division of Water Resources) protocols. Identification of surface waters will be in general accordance with the USACE 1987 Wetland Delineation Manual and subsequent USACE clarification memorandums. Identification of streams will be in general accordance with the USACE Stream Quality Assessment Worksheet and the NCDEQ Identification Methods of the Origins of Intermittent and Perennial Streams. ENGINEER will: 1) Perform a site reconnaissance to confirm the presence or absence of likely jurisdictional features on the project site . 2) Mark likely wetland and stream boundaries in the field with flagging containing sequential numeric labels sufficient to avoid jurisdictional wetland and stream impacts. 3) Develop a letter suitable for NCDEMLR approval of erosion and sedimentation control plan Upon agency agreement with the delineations, the approximate wetland flag and stream boundary locations will be surveyed by ENGINEER. Deliverables: 1) Report and map of wetlands, streams and open waters areas to avoid during project construction . H. TASK 700 DESIGN ENGINEER will develop construction documents for a single construction contract, which includes all three pumping stations and related force mains. Design services provided by the ENGINEER are described as follows : 701 Regulatory Agency Coordination ENGINEER shall establish and maintain contact with NCDEQ, NCDOT, USACE, and other regulatory agencies having review and approval authority over the design of the project. ENGINEER will submit preliminary design drawings and such other design information as may be required with the permit applications. 702 Roads and Utilities Coordination ENGINEER will coordinate the final design with NCDOT. The ENGINEER will identify the force main modifications required to accc;>mmodate their requirements, include appropriate requirements in the Contract Documents and prepare an encroachment agreement for submittal to NCDOT. Exhibit A -Engineer's Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Profe ssional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page6 030419a HCBOC Page 49 Once developed, the plans with the encroachment agreement shall be promptly submitted to NCDOT for approval. 703 Design Drawings and Specifications Prepare Contract Documents to include final drawings and specifications showing the scope, extent, and character of the work to be performed and furnished by Contractor including, but not limited to, the following: 1) Prepare plan and profile drawings for the proposed sewer force mains at a scale of 1"=50' horizontal and 1"=5' vertical. 2) Prepare plan views, elevation views, and details showing the proposed pump station layout at three locations. 3) Prepare plan views showing wetland and stream delineation areas as applicable. 4) Provide details for construction of trenchless crossings of highways, culverts and water crossings based upon horizontal auger borings and horizontal directional drilling. Two trenchless HOD crossings along US-421 are anticipated. Two trenchless HOD crossings along Overhills Drive are anticipated. 5) Prepare sewer details to meet the OWNER's current standards. 6) Prepare design in accordance with sediment and erosion control requirements. 7) Provide traffic control drawings. 8) Prepare construction bid documents to include general and special conditions, bid advertisement, measurement and payment descriptions, special requirements for construction and technical specifications. The OWNER's standard front-end construction documents will be used. The OWNER's standard technical specifications will be incorporated into ENGINEER's standards where appropriate. 704 Opinions of Probable Construction Cost and Schedule Provide a final Opinion of Probable Construction Cost and updated schedule at the 30 percent and 90 percent review milestones .. Review scheduling constraints with respect to time and project completion. 705 Design Review Meetings At approximately the 30 and 90 percent completion stage of the drawings and specifications, ENGINEER will review the Contract Documents with the OWNER. Three weeks shall be included in the project schedule for OWNER review before the meeting. The 30 percent submittal will include the following: 1) Preliminary Construction Documents -three (3) paper and a PDF a) Preliminary plan views for the proposed force mains to establish horizontal alignment. b) Preliminary site plan for each proposed pump station site. c) List of construction details. d) Proposed Table of Contents. 2) List of permit applications. Exhibit A-Engineer's Services EJCDC 9 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved . Page 7 030419a HCBOC Page 50 3) Listing of required encroachment agreements (NCDOT, Duke Energy, etc.). 4) Preliminary geotechnical findings, if available. 5) Preliminary opinion of probable construction cost. At 90 percent stage, all drawings will be ready for regulatory agency review . Ninety percent documents will include the following : 1) Preliminary Construction Documents-three (3) paper and a PDF a) Prefinal specifications . b) Prefinal drawings. After the 90 percent review meeting and receipt of permits, final Bid Documents (three (3) paper and a PDF) will be provided either upon direction by the OWNER or after easements are secured. Deliverables: 1) 30 percent submittal 2) 90 percent submittal 3) Final Bid Documents I. TASK 800 PERMITIING Where necessary, the ENGINEER shall di scuss the proposed project with the applicable regulatory agencies to define the permit requirements and to identify the major permitting issues that must be resolved. A permitting strategy shall be developed to address the major issues identified and to facilitate the permit acquisition process . Ta sk 801 Prepare and Submit Permit Applications Appli cations for the required permits and approvals shall be prepared fo r submittal to the re spective agencies . This scope of work anticipates that the following permits and approval s will be required : 1) Sedimentation and Erosion Control Plan from the North Carolina Division of Energy, Mineral and Land Resources (DEMLR) 2) Right-of-way Encroachment Agreement 16.1-Primary and Secondary Highways from the NCDOT 3) Duke Energy right-of-way encroachment 4) NCDEQ Fast-Track Sewer Extension Permit Trenchless installation methods, such as horizontal direct drilling, will be used at jurisdictional cro ss ings to avoid a 401 Water Quality Certification from the NCDWQ and 404 Permit from USACE, either of which can substantially lengthen the project schedule . All three pumping station sites are outside of tow n/city limits, but within the County's review jurisdiction. ENGINEER anticipates that land development plans, zoning approvals and permanent storm water features (e.g .: retention ponds , storm sewer infrastructure) are not required and therefore excluded from the scope , except access driveway culverts. Exhibit A-Engineer's Services EJCDC ® E-500, Agreement Between Owner and Engineer for Professional Services . Copyright© 2014 Nation al So ciety of Profession al Engineers, Ame ri ca n Co uncil of Engineering Companies, and Am erican Soci ety of Civil Engine ers. All rights re served . Pag e 8 030419a HCBOC Page 51 Task 802 Agency Meetings and Coordination The ENGINEER will coordinate with the regulatory agencies as necessary throughout the permit application and review process . This effort shall include up to two regulatory agency meetings with NCDOT. As part of this subtask, once the permit applications are submitted, the ENGINEER shall maintain contact with the regulatory agencies to monitor and, where possible, facilitate the review process. The ENGINEER has included the following amounts for permitting application fees: 1) FastTrack Sewer System Extension Application, $480 2) NCDEQ DEM LR Erosion and Sedimentation Control (non-express), $65/acre x 25 acres= $1,625 The OWNER shall provide payment to the NC Division of Water Resources for in-lieu fee mitigation associated with stream and wetland impacts, as applicable. Deliverables: 1) NCDOT 16.1 Encroachment application for signature 2) NCDEQ Fast-Track Sewer Extension Permit application for signature 3) NCDEQ DEMLR Erosion and Sedimentation Control application for signature J. TASK 900 BID AND AWARD Following receipt of authorization from OWNER, ENGINEER shall perform the following services related to Bid and Award: • Assist OWNER in advertising for construction bids . • Manage and distribute Bid Documents • Conduct the pre -bid meeting and answer any questions during the bid advertisement period . Issue meeting minutes via addenda. • Prepare addenda as appropriate to interpret, clarify or further define the Contract Documents. Addenda will be is sued by ENGINEER. • Consult with and advise OWNER to determine the acceptability of substitute materials proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Contract Documents. • Attend the bid opening and assist OWNER with opening the construction bids. Prepare certified bid tabulation sheets. • ENGINEER will evaluate bids for conformance to the bid requirements. • ENGINEER will assemble three (3) sets of executable Construction Documents that include the Bid Documents and addenda. • Engineer will review contract documents after execution by CONTRACTOR for adequacy and completeness. • Upon execution by OWNER and CONTRACTOR, ENGINEER will distribute documents. Deliverables: 1) Final Construction Documents that include any addenda and executed documents Exhibit A-Engineer's Services EJCDC ® E-500, Agreement Between Owner and Engineer for Professiona l Services. Copyright © 2014 National Society of Professiona l Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights re served. Page 9 030419a HCBOC Page 52 2) Certified Bid Tabulation 3) Recommendation of Award letter 4) Ten (10} copies of Construction Documents for OWNER and CONTRACTOR use K. TASK 1000 CONSTRUCTION ADMINISTRATION ENGINEER will provide construction administration services as follows: 1) Attend meetings including pre-construction meeting, monthly progress meetings, substantial completion walkthrough and final completion walkthrough 2) Review shop drawings and provide comments 3) Review requests for information and provide comments 4) Review and provide recommendation for contractor partial and final payment applications 5} Review and provide recommendation for any proposed change orders 6) Observe startup testing and start-up 7) Provide engineer's certification 8) Prepare record drawings ENGINEER anticipates a total time of twelve months (12) from contractor notice to proceed to contractor final completion. L. TASK 1100 CONSTRUCTION OBSERVATION ENGINEER will provide part-time Resident Project Representation to observe construction based upon two (2) site visits per week for thirty-eight (38) weeks. ENGINEER will: 1) Make visits to the Site at intervals as appropriate at the various stages of construction to observe Contractor's work to generally observe the contractor's work. 2) Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Construction Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. 3) The purpose of Engineer's visits to the site will be to provide Owner a greater degree of confidence that the completed Work will conform in general to the Construction 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 Construction Contract Documents. 4) Upon review of the work, Engineer shall recommend amounts for payment by Owner. 5) Prepare substantial completion documentation and perform a final inspection. PART 2 -ADDITIONAL SERVICES A2.0l Additional Services Requiring Owner's Written Authorization Exhibit A -Engineer's Services EJCDC9 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright© 2014 National Society of Profe ss ional Engineers, American Council of Engineering Companies, and America n Society of Civil Engineers. All rights reserved. Page 10 030419a HCBOC Page 53 A. If authorized in writing by Owner, Engineer shall provide Additional Services of the types listed below. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer, or the Project's design requirements not caused by Engineer, including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Construction Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 3. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those agreed to in Paragraph Al.01.A.l and 2. 4. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer. S. Providing renderings or models for Owner's use, including services in support of building information modeling or civil integrated management. 6. Undertaking investigations and studies including, but not limited to: a. detailed consideration of operations, maintenance, and overhead expenses; b. the preparation of feasibility studies (such as those that include projections of output capacity, utility project rates, project market demand, or project revenues) and cash flow analyses, provided that such services are based on the engineering and technical aspects of the Project, and do not include rendering advice regarding municipal financial products or the issuance of municipal securities. 7. Furnishing services of Consultants for other than Basic Services . 8. Providing the following services: a. Services attributable to more prime construction contracts than specified in Paragraph Al.03.D. b. Services during out-of-town travel required of Engineer, other than for visits to the Site or Owner's office as required in Basic Services (Part 1 of Exhibit A). Exhibit A-Engineer's Services EJCDC~ E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 030419a HCBOC Page 54 9. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other documents as a result of such review processes. 10. Preparing additional bidding-related documents (or requests for proposals or other construction procurement documents) or Construction Contract Documents for alternate bids or cost estimates requested by Owner for the Work or a portion thereof. 11. Assistance in connection with bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required to complete services required by Paragraph 5.02.A and Exhibit F. 12 . Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor, but only if such services increase the total quantity of services to be performed in the Construction Phase, rather than merely shifting performance of such services to a later date. 13. Conducting surveys, investigations, and field measurements to verify the accuracy of Record Drawing content obtained from Contractor, Owner, utility companies, and other sources; revise and supplement Record Drawings as needed. 14. Protracted or extensive assistance in refining and adjusting of Project equipment and systems (such as initial startup, testing, and balancing). 15. Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 16. Assistance to Owner in developing systems and procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related recordkeeping . 17. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, lien or bond claim, or other legal or administrative proceeding involving the Project. 18 . Overtime work requiring higher than regular rates. 19. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph Al.05.A.8; any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 20. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 21. Extensive services required during any correction period, or with respect to monitoring Contractor's compliance with warranties and guarantees called for in the Construction Contract (e xcept as agreed to under Basic Services). Exhibit A-Engineer's Services EJCDC $ E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved . Pag e 12 030419a HCBOC Page 55 22. Other additional services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner's Written Authorization B. Engineer shall advise Owner that Engineer is commencing to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice to cease from Owner. 1. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 2. Reviewing a Shop Drawing or other Contractor submittal more than three times, as a result of repeated inadequate submissions by Contractor. Exhibit A-Engineer's Services EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All right s reserved . Page 13 030419a HCBOC Page 56 Owner's Responsibilities This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated ------ Article 2 of the Agreement is supplemented to include the following agreement of the parties. 82.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations. B. Give instructions to Engineer regarding Owner's procurement of construction services (including instructions regarding advertisements for bids, instructions to bidders, and requests for proposals, as applicable), Owner's construction contract practices and requirements, insurance and bonding requirements, electronic transmittals during construction, and other information necessary for the finalization of Owner's bidding-related documents (or requests for proposals or other construction procurement documents), and Construction Contract Documents. Furnish copies (or give specific directions requesting Engineer to use copies already in Engineer's posses sion) of all design and construction standards, Owner's standard forms, general conditions (if other than EJCDC ® C-700, Standard General Conditions of the Construction Contract, 2013 Edition), supplementary conditions, text, and related documents and content for Engineer to include in the draft bidding-related documents (or requests for proposals or other construction procurement documents), and draft Construction Contract Documents, when applicable. Owner shall have responsibility for the final content of (1) such bidding-related documents (or requests for proposals or other construction procurement documents), and (2) those portions of any Construction Contract other than the design (as set forth in the Drawings, Specifications, or otherwise), and other engineering or technical matters; and Owner shall seek the advice of Owner's legal counsel, risk managers, and insurance advisors with respect to the drafting and content of such documents. C. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, construction, or investigation at or adjacent to the Site. D. Following Engineer's assessment of initially-available Project information and data and upon Engineer's request, obtain, furnish, or otherwise make available (if nece ssary through title searches, or retention of specialists or consultants) such additional Project-related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services . Such additional information or data would generally include the following : 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Utility and topographic mapping and surveys. Exhibit B -Owner's Responsibilities EJCDC"' E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engineers, American Council of Enginee ring Companies, and American Society of Civil En gineers. All rights reserved. Pag e 1 030419a HCBOC Page 57 4 . Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. . 5 . Explorations and tests of subsurface conditions at or adjacent to the Site ; geotechn ical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; with appropriate professional interpretation of such information or data . 6 . Environmental assessments, audits, investigations, and impact statements, and other relevant environmental, historical, or cultural studies relevant to the Project, the Site, and adjacent areas. 7. Data or consultations as required for the Project but not otherwise identified in this Agreement . E. Arrange for safe access to and make all prov is ions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. F. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory (including, if applicable, "municipal advisor" services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the money paid . G. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Construction Contract Documents (other than those required to be furnished or arranged by Contractor), or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Provide Engineer with the findings and reports generated by testing laboratories, including findings and reports obtained from or through Contractor. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phase s of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. Exhibit B -Owner's Responsibilities EJCDC® E-500 , Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 Nat ional Society of Professional Engineers, American Council of Engineering Compa nies, and Americ an Society of Civil Engineers. All rights reserved. Page 2 030419a HCBOC Page 58 I. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructibility review. J. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. K. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, then designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities , and authority of Eng i neer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. L. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. M. Examine all alternative solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, risk manager, insurance counselor, financial/municipal advisor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto . N. Inform Engineer regarding any need for assistance in evaluating the possible use of Project Strategies, Technologi.es, and Techniques, as defined in Exhibit A. 0 . Advise Engineer as to whether Engineer's assistance is requested in identifying opportunities for enhancing the sustainability of the Project. P. Place and pay for advertisement for Bids in appropriate publications . Q. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs . R. Attend and participate in the pre-bid conference, bid opening, pre-construction conferences, construction progress and other job related meetings, and Site visits to determine Substantial Completion and readiness of the completed Work for final payment. S. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement, as required. Exhibit B -Owner's Responsibilities EJCDC ® E-500 , Agreement Between Owner and Engineer for Professional Services. Copyr ight © 2014 National Society of Profess ional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights re served . Page 3 030419a HCBOC Page 59 This is EXHIBIT C, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Payments to Engineer for Services and Reimbursable Expenses Article 2 of the Agreement is sup.plemented to include the following agreement of the parties: ARTICLE 2 -OWNER'S RESPONSIBILITIES C2 .01 Compensation for Basic Services A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, as follows: Total compensation for the work described above shall not exceed $497 ,105 unless changed by a duly authorized amendment. The work shall be performed by a combination of billing methods including lump sum (LS) and hourly not-to-exceed (HNTE) basis as indicated below. Lump sum payments shall be made as follows: Task No. Description Fee Format 100 Project Initiation and Design Management $ 20,100 LS 200 Topographical Survey $ 96,000 LS 401 Pump Station -Land Acquisition Mapping $ 6,840 LS 600 Wetlands and Stream Screening $ 6,600 LS 700 Design $ 176,700 LS 900 Bid and Award $ 14,700 LS 1000 Construction Administration $ 75,565 LS Total $ 396,505 HNTE payments sha ll be made as follows: Task No . Description Fee Format 300 Level B Subsurface Utility Engineering $ -HNTE 402 Force Main Easement Exhibits (16) $ 28,060 HNTE 500 Geotechnical Investigations $ -HNTE 800 Permitting $ 23,900 HNTE 1100 Construction Observation $ 48,640 HNTE 1200 Misc Services $ -HNTE Total $ 100,600 Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding 24 months. If such period of service is extended , the compensation amount for Engineer's services shall be appropriately adjusted. Exhibit C-Compensation Packet BC-1: Basic Services (other than RPR}-Lump Sum Method of Payment EJCDC® E-500, Agreement Between Owner and Engineer for Professional Se rvices. Copyright © 2014 National Society of Professional Engin eers, American Council of Engineering Compan ies, and American Society of Civil Engineers. All rights reserved. Page 1 030419a HCBOC Page 60 This is EXHIBIT D, consisting of 5 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Article 1 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 1 -SERVICES OF ENGINEER Dl.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative ("RPR ") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. 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. B. Through RPR's observations of the Work, including field checks of materials and installed equipment, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, as a result of such RPR observations of the Work, supervise, direct, or have control over the Work, nor shall Engineer (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, for security or safety at the Site, for safety precautions and programs incident to the Work or any Constructor's work in progress, for the coordination of the Constructors' work or schedules, or for any failure of any Con structor to comply with Laws and Regulations applicable to the performing and furnishing of its work. The Engineer (including RPR) neither guarantees the performances of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform the Work, or any portion of the Work, in accordance with the Constru ction Contract Documents. In addition, the specific terms set forth in Exhibit A, Paragraph Al.OS , of this Agreement are applicable . C. The duties and responsibilities of the RPR are as follows: 1. General: RPR's dealing s in matters pertaining to the Work in general shall 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 generally communicate with Owner only with the knowledge of and under the direction of Engineer. 2. Schedules : Review the progre ss schedule, schedule of Shop Drawing and Sample submittals, schedule of values, and other schedules prepared by Contractor and consult with Engineer concerning acceptability of such schedules. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project-related meetings (but not including Contractor's safety meetings), and as appropriate prepare and circulate copies of minutes thereof. Exhibit D -Resident Project Representative. EJCDC 8 E-500, Agreement Between Owner and Enginee r for Professional Services . Copyright © 2014 Nation al Society of Professional Engineers, American Council of Engineering Companies, and Am erican Society of Civil Engineers. All ri ghts rese rved . Page 1 030419a HCBOC Page 61 4. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR's own personal safety while at the Site. 5. Liaison: a. Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the provisions and intent of the Construction Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on-Site operations . c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 6. Clarifications and Interpretations: Receive from Contractor submittal of any matters in question concerning the requirements of the Construction Contract Documents (sometimes referred to as requests for information or interpr etation-RFls), or relating to the acceptability of the Work under the Construction Contract Documents. Report to Engineer regarding such RFls. Report to Engineer when clarifications and interpretations of the Construction Contract Documents are needed, whether as the result of a Contractor RFI or otherwise. Transmit Engineer's clarifications, interpretations, and decisions to Contractor. , 7. Shop Drawings and Samples: a. Record date of receipt of Samples and Contractor-approved Shop Drawings . b. Receive Samples that are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination . c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal, if RPR believes that the submittal has not been received from Contractor, or has not been approved by Contractor or Engineer. 8. Proposed Modifications: Consider and evaluate Contractor's suggestions for modifications to the Drawings or Specifications, and report such suggestions, together with RPR's recommendations, if any, to Engineer. Transmit Engineer's response (if any) to such suggestions to Contractor. 9 . Review of Work; Defective Work: a. Report to Engineer whenever RPR believes that any part of the Work is defective under the terms and standards set forth in the Construction Contract Documents, and provide recommendations as to whether such Work should be corrected, removed and replaced, or accepted as provided in the Construction Contract Documents. Exhibit D -Resident Project Representative . EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 Nat ional Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved . Page 2 030419a HCBOC Page 62 b. Inform Engineer of any Work that RPR believes is not defective under the terms and standards set forth in the Construction Contract Documents, but is nonetheless not compatible with the design concept of the completed Project as a functioning whole, and provide recommendations to Engineer for addressing such Work. ; and c. Advise Engineer of that part of the Work that RPR believes should be uncovered for observation, or requires special testing, inspection, or approval. 10. Inspections, Tests, and System Start-ups: a. Consult with Engineer in advance of scheduled inspections, tests, and systems start- ups . b. 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. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public or other agencies having jurisdiction over the Work. e. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work, record the results of these inspections, and report to Engineer. 11. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, copies of Construction Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Construction Contract, RFls, Engineer's clarifications and interpretations of the Construction Contract Documents, progress reports, approved Shop Drawing and Sample submittals, and other Project-related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, Subcontractors present at the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, deliveries of equipment or materials, 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. c. Upon request from Owner to Engineer, photograph or video Work in progress or Site conditions. d. Record and maintain accurate, up-to-date lists of the names, addresses, fax numbers, e-mail addresses, websites, and telephone numbers (including mobile numbers) of all Contractors, Subcontractors, and major Suppliers of materials and equipment. Exhibit D -Resident Project Representative. EJCDC® E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineer s. All rights reserved. Page 3 030419a HCBOC Page 63 e. Maintain records for use in preparing Project documentation. f. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 12. Reports: a. 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. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports. d. Immediately inform Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, possible force majeure or delay events, damage to property by fire or other causes, or the discovery of any potential differing site condition or Constituent of Concern. 13. 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. 14 . 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 by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 15. Completion : a. Participate in Engineer's visits to the Site regarding Substantial Completion, assist in the determination of Substantial Completion, and prior to the issuance of a Certificate of Substantial Completion submit a punch list of observed items requiring completion or correction. b. Participate in Engineer's visit to the Site in the company of Owner and Contractor, to determine completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor. c. Observe whether all items on the final punch list have been completed or corrected, and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work (Exhibit E). Exhibit D -Resident Project Representative . EJCDC~ E-SOO, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers . All rights reserved. Page 4 030419a HCBOC Page 64 D. Resident Project Representative shall not: 1. Authorize any deviation from the Construction Contract Documents or substitution of materials or equipment (including "or-equal" items). 2. Exceed limitations of Engineer's authority as set forth in this Agreement. 3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers, or any Constructor. 4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of the Work, by Contractor or any other Constructor. 5. Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer . 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Pr.oject in whole or in part. Exhibit D -Resident Project Representative . EJCDC ® E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page s 030419a HCBOC Page 65 Insurance This is EXHIBIT G, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Paragraph 6.05 of the Agreement is supplemented to include the following agreement of the parties : G6 .05 Insurance A. The limits of liability for the insurance required by Paragraph 6.05.A and 6.05.B of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation : b. Employer's Liability -- 1) Bodily injury, each accident : 2) Bodily injury by disease, each employee: 3) Bodily injury/disease, aggregate: c. General Liability -- Statutory $1,000,000 $1,000,000 $1,000,000 1) Each Occurrence (Bodily Injury and Property_ Damage): $1,000,000 2) General Aggregate: $5,000,000 d. Excess or Umbrella Liability -- 1) Per Occurrence: 2) General Aggregate: $1,000,000 $1,000,000 e. Automobile Liability--Combined Single Limit (Bodily Injury and Property Damage): $1,000,000 f. Profess ional Liability- 1) Aggregate $1,000,000 B. Additional Insureds: 1. The following individuals or entities are to be listed on Owner's general liability policies of insurance as additional in sureds : Exhibit G -Insurance . EJCDC " E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 030419a HCBOC Page 66 a. Dewberry Engineers Inc. Engineer b. 4D Site Solutions Engineer's Consultant 2. During the term of this Agreement the Engineer shall notify Owner of any other Consultant to be listed as an additional insured on Owner's general liability policies of insurance . 3. The Owner shall be listed on Engineer's general liability policy as provided in Paragraph 6.05.A. Exhibit G -Insurance. EJCDC 9 E-500, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineer ing Companies, and American Society of Civil Engineers. All rights reserved . Page2 030419a HCBOC Page 67 Dispute Resolution This is EXHIBIT H, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Paragraph 6.09 of the Agreement is supplemented to include the following agreement of the parties: H6.08 Dispute Resolution A. Mediation: Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof ("Disputes") to mediation . Owner and Engineer agree to participate in the mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 120 days . If such mediation is unsuccessful in resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction . Exhibit H -Di spute Resolution . EJCDC ~ E-500, Agreement Between Owner and Engineer for Professional Services . Copyright © 2014 National Society of Professional Engin eers, Ameri ca n Council of Engineering Compani es, and Am erican Society of Civil Engineers. All rights reserved. Page 1 030419a HCBOC Page 68 This is EXHIBIT I, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Limitations of Liability Paragraph 6.11 of the Agreement is supplemented to include the following agreement of the parties: A. Limitation of Engineer's Liability l. Engineer's Liability Limited to Amount of Engineer's Compensation: To the fullest extent permitted bylaws and Regulations, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, members, partners, agents, employees, and Consultants, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, ~trict liability, breach of contract, indemnity obligations, or warranty express or implied of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants shall not exceed the total compensation received by Engineer under this Agreement. 2. Exclusion of Special, Incidental, Indirect, and Consequential Damages: To the fullest extent permitted by Laws and Regulations, and notwithstanding any other provision in the Agreement, consistent with the terms of Paragraph 6.11, the Engineer and Engineer's officers, directors, members, partners, agents, Consultants, and employees shall not be liable to Owner or anyone claiming by, through, or under Owner for any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes any such damages caused by the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Subconsultants. 3. Indemnification by Owner: To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. Exhibit K -Amendment to Owner-Engineer Agreement. EJCDC<I> E·SOO, Agreement Between Owner and Engineer for Professional Services. Copyright © 2014 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 030419a HCBOC Page 69 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 02/19/2019 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HO L DER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGAT ION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Molly Koch MARSH USA, INC. NAME: PHONE 202-263-6732 Ir~ Nol: 1050 CONNECTICUT AVENUE , SUITE 700 tA1r N"' c-n- WASHINGTON, DC 20036-5386 E-MAIL molly.koch@marsh.com ADDRESS : INSURER{SI AFFORDING COVERAGE NAIC# CN102736896-7/1-11a-18-19 INSURER A : Charter Oak Fire In surance Company 25615 INSURED INSURER B : Travelers Indemnity Co 25658 DEWBERRY ENGINEERS INC. 2610 WYCUFF ROAD , SUITE 410 INSURER c : Travelers Prooertv Casualtv Co. Of America 25674 RALEIGH, NC 27607 INSURER D : Beazlev Insu ra nce Comoanv Inc. 37540 INSURER E : Lloyd's Of London 1128623 INSURER F : COVERAGES CERTIFICATE NUMBER· CLE-006395110-02 REVISION NUMBER· 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS SUED TO THE INSU RED NAMED ABOVE FOR THE POLI CY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS CERTIFICATE MAY BE ISS UED OR MAY PERTAIN , THE INSURAN CE AFFORDED BY THE POLICIES DESCR IB ED HEREIN IS SUBJ ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR -,~~M%~, 1 POLICYEXP LIMITS LTR , .. ~ ... wvn POLICY NUMBER MM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY 630-7792B312-COF-18 07/0 1/2018 07,1)1/2019 EACH OCCURRENCE s 1,000,000 t--D CLAIMS-MADE 0 OCCUR DAMA1.>c , u "cN , cD PREMISES (Ea occurrence\ s 1,000,000 t-- X CONTRACTUAL INS. COV . MED EXP (Any one person) $ 10,000 t-- t-- (INSURED CONTRACTS) PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 M D PRO-D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: s B AUTOMOBILE LIABILITY 810-6102A 19A-IND-18 07/01/2018 07/01/2019 COMB IN ED SINGLE LIMIT s 2,000,000 (Ea accident\ -X ANY AUTO BODILY INJURY (Per person) s -OWNED .--SCHEDULED BODILY INJURY (Per accident) s -AUTOS ONLY 1--AUTOS HIRED NON-OWNED iROPERTY DAMAGE s AUTOS ONLY AUTOS ONLY Per aecident) -1-- COMP / COLL OED: s 1,000 (; X UMBRELLA LIAB H OCC UR CUP-4J5803 77-18-43 07/0 1/2018 07/01/2019 EACH OCCURRENCE $ 5,000,000 ~ EXCESS LIAB CLAI MS-MADE AGGREGAT E s 5,000,000 OED I I RETENTION $ s B WORKERS COMPENSATION PK-UB-1722B67-3-18 I VffVlf£V I O 107/01/2019 X I ~~fTUTE I I OTH-AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH A CCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N /A (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE S 1,000,000 If yes, describe unde, E.L. DISEASE· POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS below $ D PROFESSIONAL LIABILITY V11B5E1B0901 07/01/2018 07/01/2019 PER CLAI M/AGGREGATE $2,000,000 E EXCESS PROF. ·LIABILITY FINPA 1800118 07/01/2018 07,1)1/2019 PER CLA IM/AGGREGATE $3 ,000,000 DESCRIPTION OF OPERATIONS I LOC ATIONS / VEHICLES (ACORD 101 , Additional R emarks Schedule, may be attached if more space is required) RE: DEWBERRY PROJECT/JOB/PLN NUMBER: 80031867 ; DEWBERRY BU : 2773; PROJECT NAME: ELEMENTARY SCHOOL PSS AND FMS HARNETT COUNTY IS INCLU DED AS ADDITI ONAL INSURED WHER E REQUIRED BY WRITTEN CONTRACT WI TH RESPECT TO GENERAL LIABILITY AND AUTOMOBILE LIABILITY . CERTIFICATE HOLDER CANCELLATION HARNETT COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN : STEVE WARD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 111 9 ACCORDANCE WITH THE POLICY PROVISIONS . 420 MCKINNEY PARKWAY LILLINGTON, NC 27546 AUTHORIZED REPRESENTATIVE of Mars h USA Inc. I Manashi Mukherjee ~~......,;.....:!r;,,f C II:. .,JL....,d-C-• ACORD 25 (20 16/03) © 1988-2016 ACORD CORPORATION. All r ights reserved. The ACORD name and logo are registered m arks of ACORD 030419a HCBOC Page 70 AGENCY CUSTOMER ID: CN 102736896 -------------------LO C #: Washington ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA, INC. DEWBERRY ENGINEERS INC. 2610 WYCUFF ROAD, SUITE 410 POLICY NUMBER RALEIGH , NC 27607 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER : 25 FORM TITLE : Certificate of Liability Insurance Other Limits PROF. LIABILITY SIR $1 ,000,000: RETRO. DA TE : FULL PRIOR ACTS : ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 030419a HCBOC Page 71 Agenda Item __ 5=E _ __; Harnett COUNTY www.harnett.org Project Ordinance for CCCC Harnett ADA and Parking BE IT ORDAINED by the Governing Board of the County of Hamett, North Carolina 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 consists of resurfacing entrance ways and parking lots on the CCCC Hamett Main Campus . During the past several years , CCCC has also received numerous complaints from handicap individuals who utilize the campus that walkways and building entrances are not handicap accessible. CCCC plans to rework sidewalks and entrances to create an accessible path for their handicap students. The total cost of the project is $260,000 and CCCC plans to use $100,000 of the Connect NC Bond Funds in addition to the county's appropriation. Section 2. The County Manager is hereby directed to proceed with the capital project with the authority to sign all contracts and change orders within the terms of the budget contained herein. Section 3. The following amounts are appropriated for the project: General Contract $160,000 Section 4. The following revenue is anticipated to be available to complete this project: Article 44 Sales Tax $160,000 Section 5. The County Manager is directed to include a detailed analysis of past and future costs and revenues on this capital project annually. Section 6 . Copies of this capital project ordinance shall be furnished to the Clerk to the Governing Board, and to the County Manager and Finance Officer for direction in carrying out thi s project. Adopted , this 4th day of March 2019. Attest: Margaret Regina Wheeler Clerk to the Board strong roots • new growth Gordon Springle, Chairman . Hamett County Board of Commis sioners 030419a HCBOC Page 72 Agenda Item __ 5_F __ TELEPHONE 910-892-8199 FACSIMILE 910-892-5487 via e-mail: gwlzeeler@hamett.org Ms . Margaret Regina Wheeler DWIGHT W. SNOW A TIORNEY AT LAW 302 W. EDGERTON STREET DUNN, NORTH CAROLINA 28334 February 26, 2019 Clerk to the Harnett County Board of Commissioners PO Box 759 Lillington, NC 27546 MAILING ADDRESS P. 0. BOX 397 DUNN. NC 28335 E-mail: DwightSnow@nc.N.Cllm Re: Harnett County Resolution to sell 1.8 acre real property tract to Everette E. Smith Dear Gina: As you are aware, the Harnett County Board of Commissioners adopted a Resolution To Sell Real Property ( copy attached) at its regular meeting on February 4 , 2019. As a result of that Resolution, a Notice By Harnett County To Sell Real Property With Invitation For Upset Bids was published in the Daily Record newspaper on February 6, 2019. As a result of the publication, it is my understanding that no upset bids have been filed with your office. Based upon the Board of Commissioners' initial Resolution To Sell Real Property, attached you will find a proposed Special Warranty Deed which would convey the 1.8 acre real property tract to Everette E. Smith. Subject to Mr. Everette paying the balance of the purchase price, I would propose that the Board of Commissioners add this proposed Deed to their Consent Agenda for their regular meeting scheduled for Monday, March 4, 2019 at 9:00 a .m. for final consideration and approval. If you should have any questions in reference to the above referenced information then please do not hesitate to call me. DWS:lp Encs. cc: County Manager Paula Stewart Sincerely yours, {l~u4/. ~ Dwight W. Snow Harnett County Attorney 030419a HCBOC Page 73 Prepared by & return to: Attorney Dwight W. Snow, P. 0. Box 397, Dunn, NC 28335 EXCISE TAX: None (Exempt per N.C. General Statutes § 105-228.28) Parcel ID No.: 0995469000 NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED, made this 4th day of March, 2019 by and between COUNTY OF HARNETT, a body politic and political subdivision of the State of North Carolina, of P.O. Box 759, Lillington, NC 27546, hereinafter called GRANTOR, and EVERETTE E. SMITH of 417 Dove Road, Cameron, NC 28326, hereinafter called GRANTEE. The designation Grantor and Grantee as used herein shall include said parties and their successors and assigns. W IT N E S S ET H: That the Grantor, for a valuable consideration of Six Thousand Dollars ($6,000.00) paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all of that certain lot or parcel of land situated in Johnsonville Township, Harnett County, North Carolina and more particularly described as follows: BEGINNING at a stake Southeast comer of lot No. 7 and runs South 9 degrees 53 minutes West 330 feet to a stake; thence North 65 degrees West 340 feet to a comer; thence North 36 degrees East 330 feet to a comer; thence South 65 degrees East 190 feet to the Beginning, containing 1.8 acres more or less. For reference, see Deed dated August 10, 1967 from Virginia Chalmers et als to Lola Young and recorded in Deed Book 501, Page 13, Hamett County Registry. The above described tract is designated as Tract No. 9 of the Rufus Smith Estate as shown on that map recorded in Map Book 13, Page 36, Hamett County Registry. This is the same real property that was conveyed to the County of Hamett in that deed recorded in Book 734, Page 743, Hamett County Registry. 030419a HCBOC Page 74 All or a portion of the property herein conveyed does not include the primary residence of a Grantor. (N.C. Gen. Stat. §105-317.2). TO HA VE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. General utility easements of record. 2. Roadways and rights of way of record and those visible by inspection of the premises. 3. Such facts as an environmental study of the subject property by an environmental engineer would reveal. 4. Such facts that would be revealed by a recent as built survey on the subject tract by a registered land surveyor. 5 . Such facts that are revealed by that survey map recorded in Map Book 13, Page 36, Harnett County Registry. 6 . 2019 and subsequent years, if any, ad valorem tax on the subject tract that will be the responsibility of the Grantee to pay when due. This conveyance is made pursuant to the provisions of N.C. General Statutes § 160A-269. A Resolution authorizing this conveyance was unanimously adopted by the Harnett County Board of Commissioners at its regular meeting on February 4, 2019. A notice summarizing the Resolution contents was published in The Daily Record newspaper on February 6 , 2019 and no upset bids were received within the 10 day upset bid period. EXECUTED on the date set forth in the acknowledgment attached hereto pursuant to an action of the Harnett County Board of Commissioners. 2 030419a HCBOC Page 75 (SEAL) ATTEST: Margaret Regina Wheeler, Clerk of the Harnett County Board of Commissioners NORTH CAROLINA HARNETT COUNTY COUNTY OF HARNETT By: ____________ _ Gordon Springle, Chairman of the Harnett. County Board of Commissioners I, a Notary Public of the County and State aforesaid, certify that Gordon Springle pers onally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Margaret Regina Wheeler is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Gordon Springle acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and official stamp or seal, this 4th day of March, 2019. Notary Public My commission expires: 3 030419a HCBOC Page 76 ~~Harnett j)r-,l C O U N T Y '---~~_j NORTH CAROLINA RESOLUTION BY THE HARNETT COUNTY BOARD OF www.harne tt.org COMMISSIONERS TO SELL REAL PROPERTY THAT WHEREAS, Harnett County is the owner of a 1.8 acre real property tract located . off Dove Road in the Johnsonville Township of Hamett County; this tract was conveyed to Harnett County in that Deed recorded in Book 734, Page 743, Hamett County Registry with Parcel ID No. 0995469000; and WHEREAS, Everette E. Smith has made an offer to Hamett County to purchase said 1.8 acre real property tract for the purchase price of $6,000.00 pursuant to the negotiated offer, advertisement and upset bid procedure set forth in N.C. Gen. Stat. §160A-269; that the Harnett County Board of Commissioners has considered this offer and said Board desires through this Resolution to propose to accept the Smith offer on the condition that Smith pay a 5% deposit ($300.00) and that the further requirements ofN.C. Gen. Stat. §160A-269 are met. NOW THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners pursuant to the provisions ofN.C. Gen. Stat. §160A-269 does hereby propose to accept the offer by Everette E. Smith of $6,000.00 to purchase that 1.8 acre real property tract upon his deposit of 5% of the offered price ($300.00) and subject to any upset bids received after publication of the Smith offer pursuant to the aforementioned statute. BE IT FURTHER RESOLVED that the County legal staff will insure the compliance with the sale provisions ofN.C. Gen. Stat. §160A-269 and will provide to the Board a proposed Special Warranty Deed at such time that a final bid has been received and accepted for said real property. Adopted this the 4th day of February, 2019. HARNETT COUNTY BOARD OF COMMISSIONERS strong roots • new growth 030419a HCBOC Page 77 Board Meeting Agenda Item Agenda Item SG MEETING DA TE: March 4, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Harnett County Detention Center Health Plan REQUESTED BY: Sheriff Coats REQUEST: The Harnett County Sheriffs Office request the approval of the 2019 Hamett County Detention Center Health Plan for 2019. The plan has been approved by Sheriff Coats and John Rouse, Harnett County Health Director. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: U:\My Documents\2 01 9 Detention Health Plan\Agenda Reque st.d ocx I of l Page 030419a HCBOC Page 78 • .. Harnett County Detention Center Detention Center Health Plan The compliance with this Detention Center Health Plan is the joint responsibility of the Harnett County Sheriff, and Southern Health Partners, Inc. (sometimes hereinafter referred to as "SHP"), the contracted provider of care to the inmates of the Harnett County Detention Center. Receiving Screening Upon the arrival of each inmate at the Harnett County Detention Center, a preliminary health assessment (Receiving Screening) will be performed by correctional officers. At a minimum, the assessment will include the following: Documentation of current illnesses and including medications taken and requirements . health problems sp~cial health Documentation of mental health problems, dental problems and allergies. Behavior observation, including state of consciousness, mental status, appearance, conduct, tremors, and sweating. Inquiry into use of alcohol and other drugs, including types, methods, date/time last taken and problems arising out of use. Notation of body deformities and ease of movement. Observation of persistent cough or lethargy as well as an inquiry to unintentional weight loss, night sweats and known exposure to TB. Inquiry as in known communicable diseases including sexually transmitted disease. 030419a HCBOC Page 79 Condition of skin including, trauma markings, bruises, lesions, jaundice, rashes and infestations, and needle marks or other indications of drug abuse. Status classification to succinctly identify the inmate's health status. Referral of the inmate for emergency health services or additional health services, as may be necessary. If as a result of the receiving screening it is apparent that an inmate requires medical attention, then the inmate will immediately be referred for treatment. The appropriate level of treatment (i.e. treatment in-house by a member of the professional health services staff or referral to a hospital or other community-based health service) should be made after a thorough evaluation of the inmate's condition. Health care standards require that information regarding access to health care services be communicated orally and in writing to inmates upon their arrival at the correctional facility. To meet these standards, SHP will use notices, printed in both English and Spanish . These will be posted in the Intake area advising them of how to access the health care delivery system, in addition to the verbal and written/documented notification which is provided at booking . Daily Triaging of Complaints In order to ensure that inmate health problems and requests are addressed promptly, appropriately and efficiently, we use a structured triage procedure, proven effective in other correctional settings. Our Medical Director (Physician) always oversees the triage system that is followed by all health care personnel. This ensures that the inmates receive the appropriate level of care and that their complaints are properly processed and resolved. 2 030419a HCBOC Page 80 Inmates have the ability to access the triage system by submitting a health care request form . These requests are received and processed daily by the health care staff, and as a first step in the triage system the inmate is then seen by a member of the professional nursing staff and appropriate treatment is administered within the scope of the Nurse Practice Act. Those i nmates requiring a higher level of service will be referred to the physician, physician assistant, or other appropriate professional practitioner in a timely manner. If the Physician or other practitioner determines that the inmate's medical needs are more extensive or specialized than can be addressed within the facility's health care program, an appropriate referral to outside medical services will be provided . Sick call must be conducted on-site by a physician, nurse practitioner or a physician assistant u_nder the direction of a physician . The majority of inmates to be seen by the physician will have been screened as part of the formal triage system. However, this will not preclude an inmate who had not been triaged or who has a sudden or acute problem, from seeing the physician during the time the physician is on-site at the facility . Appropriate documentation will be recorded and maintained for all inmates seen at sick call. This information will be incorporated into the inmate's medical record as appropriate. An inmate's medical record will contain appropriate entries completely documenting each sick call encounter (i.e., an inmate's specific health request, the assessment of the health care professional who saw the inmate, the prescribed treatment plan, and any follow-up encounters). This will ensure that all inmates' health requests are promptly and properly handled , documented, and followed through to a satisfactory resolution . 3 030419a HCBOC Page 81 Special Medical Program We will provide all special health care services required including, but not limited to, care for inmates who are chronically or terminally ill, physically handicapped, developmentally disabled or inmates with special mental health needs or convalescing inmates. Individual treatment plans will be developed for all chronically ill, term inally ill and convalescing inmates. Examples of chronic illness include diabetes, hypertension, asthma and epilepsy. Convalescing inmates include those recovering from fractures, inpatient surgical procedures, and hepatitis and other communicable diseases. The type of treatment will be determined by the needs of the individual inmate, but may include such things as medications, special diets, physical therapy, laboratory tests or dressing changes. Each treatment plan will be initiated by the physician and will be detailed in the individual's medical record . We will keep a list of inmates with special needs and maintain schedules for medical treatment in accordance with our established protocols for each illness. For example, daily blood sugars are obtained on all diabetics receiving insulin, Dilantin levels are monitored monthly on epileptic inmates, and blood pressure evaluations are performed as clinically indicated on inmates receiving anti-hypertensive drugs. Medical determination of a tendency towards suicide or a history of seizures will result in the inmate being assigned to quarters that have close supervision . We realize that communicable diseases, such as tuberculosis (TB), HIV and hepatitis require special attention in inmate populations. We have developed an Infection Control Program that incorporates education, diagnosis and treatment of inmates. Screening for TB and/or HIV occurs at time of intake, if conditions indicate that such testing is necessary. Neither North Carolina nor Federal laws specifically require HIV testing upon request; however we feel that the most prudent course to take would be to make testing available but limit it by leaving the decision to the medical staff. 4 030419a HCBOC Page 82 Data supports that our inmate population has a higher than usual incidence of sexually transmitted disease. This is addressed in the medical intake screening and then in more dependent upon the H&P. If at the time of intake, the H&P or any time complaints of that nature is offered. We will then initiate testing and or treatment. This is usually determined by the site's MD if inmate is to be evaluated at the local Health Department Our Infection Control Program includes, but is not limited to: Surveillance procedures to detect inmates with infectious and communicable diseases, appropriate immunizations to prevent these diseases and proper treatment and care for inmates with these diseases. The decontamination of medical equipment and proper disposal of sharps and medical bio-hazardous wastes. Used by the medical staff, or determined by the medical staff to be considered bio-hazardous waste. Strict adherence to universal precautions by health care workers to prevent exposure to blood-borne pathogens. Notifying the local county health department of confirmed cases of all STD, TB, HIV, Hepatitis, Listeria E-coli, MRSA, as well as other disease reportable according to the DHHS 2124 criteria . We will also dispose of all medically-related infectious and hazardous waste in accordance with all state and federal regulations . We follow and assure compliance with Occupational Health and Safety Administration (OSHA) guidelines for infection control procedures. 5 030419a HCBOC Page 83 ' ... ·-· Pharmaceuticals and Medical Supplies An agreement has been set in place to order all prescribed medications from a contracted pharmacy vendor. Any ST AT medications may be ordered from a local pharmacy provider . STAT medications are classified as medications which need to be started immediately and a supply of such medications is not currently on-site within the medical unit. The pharmacy vendor will supply the SHP Formulary and ordering sheets to the facility for the placement of orders. All orders received before 3:00 p.m. EST, will be shipped out for next day delivery. SHP shall comply with all applicable state and federal regulations regarding the prescribing, dispensing, administering, and procuring of pharmaceuticals. All employees must review the ordering procedures for pharmaceuticals . No medications will be ordered without a physician's order. All re-orders must be approved through the physician also. Medications are prescribed only when clinically indicated, not for disciplinary purposes . All pharmaceuticals must be stored appropriately, in accordance with their storage instructions (i .e. refrigeration, etc.). Security storage (under lock and key) must be maintained for all prescribed medications. Only the nurse and health services staff will have access to the medications. If applicable, a key may be given to security in case of emergencies. All narcotics are to be kept under separate lock and key from other medications. Application I for the registration to comply with the North Carolina Controlled Substance Act will be submitted at which time the N.C . Department of Health and Human Services then schedules an onsite inspection and upon the evaluation . The N.C .D.H.H.S will notify the Detention Center of the requirements that they must implement to be granted permission. The nurse and Medical Director as needed should perform a periodic review of all pharmacy orders. A narcotic count must be performed on a regular basis and the nurse and/or physician should review all reports. Copies of all count sheets are to be kept on file for review and/or audit. 6 030419a HCBOC Page 84 All expired pharmaceuticals must be destroyed accordingly . The pharmacy vendor will perform this service on a quarterly basis, or sooner if needed. The nurse must call the pharmacy directly to the schedule this services when needed . Also, a Sharps Count must be kept by all nursing staff with all count sheets to be kept on file for review and/or audit. Diabetic inmates may be allowed to draw and administer their own insulin under the supervision of a health care staff member, and/or under security's approval. All pharmaceuticals will be maintained in the medication room and only personnel authorized to give medications will have access to this area. The medication room area will be locked at all times and only authorized personnel will have keys. The pharmacist will be responsible to select all generic equivalent drug products used in the correctional facility . All drug products utilized will be those of a certified Food and Drug Administration approved manufacturers. In addition, the pharmacy vendor will conform to all federal laws, State statutes, and the state Board of Pharmacy regulations concerning drug products. All drug recalls will be the responsibility of the pharmacist. Collection and return of recalled drugs will be the pharmacists' responsibility at the dispensing level and the nurse's responsibility , upon notification, at the drug administrator level. All outdated, unused, deteriorated drugs will be the responsibility of the pharmacist to return and destroy during their quarterly inspections. Control substances returned or otherwise destroyed will be in compliance with federal and state regulations. The pharmacy vendor according to the State Pharmacy Law shall label all prescription. Each prescription will contain the following information: Name/address of the dispensing pharmacy; Name of the prescriber; Name of patient; Directions for use; Date the prescription was originally filled; Name of drug and strength. All floor stock shall be reviewed and authorized by the Medical Director. Floor stock will be issued as non-prescription floor stock, prescription floor stock, and emergency floor stock drugs. Only persons authorized to prescribe within the state with the facility is located may order floor stock to be kept within the medical unit. 7 030419a HCBOC Page 85 •.. Emergency Medical, Dental, and Mental Health Certain members of the professional health care staff, including the physician, will have twenty-four (24) hour on-call responsibility for any emergency that may arise. In the event of an emergency or in response to any medical need, the nursing on-call staff must be called and will immediately respond by telephone to work with security staff to evaluate the inmate. Other appropriate medical personnel will be notified if necessary. The inmate will be transferred to a hospital emergency room for further treatment, if clinically indicated and agreed to by the SHP on - call medical authority. When emergency transportation is required, medical personnel will decide whether an ambulance or security van is required and coordinate appropriate transportation with the corrections administration and security. However in the event where the correctional officer feels that the services of EMS is required, and the medical staff is not present to address the situation, then the correctional officer should make provisions for emergency transport without the hesitation of notifying the medical staff. Dental Care Dental treatment shall be provided according to an established treatment plan/order, and based on established priorities. Consultation to the dentist and/or dental specialist will be available. Dental treatment w ill be scheduled on an as needed basis, for the earliest appointment time available. Medical staff should notify the dentist of requested treatment in advance of services being performed . The Medical Director will review all prescriptions for approval. Any substitutions for prescribed narcotics/medications should be confirmed with the Dentist, but may just be changed by the Medical Director to confirm with the Detention Center policy (limits on narcotics, etc.). 8 030419a HCBOC Page 86 < ,-t:. -.. Mental health and chemical dependency withdrawal Inmates reporting the use of alcohol, opiates, stimula~ts, sedatives, hypnotic drugs, or other substances will be evaluated for their degree of reliance upon and potential for withdrawal from these substances and possib le intoxication or overdose. Upon completion of the screening process, patients indicating such uses must be immediately referred to the medical staff for further evaluation and treatment. Detoxification will be carried out only under medical superv1s1on and initiated by the medical staff with physician overview on an individual care basis. All detainees found to be demonstrating the signs and symptoms of drug/alcohol withdrawal will be seen by the Medical Director and his treatment plan will be followed. Inmates experiencing severe, life threatening intoxication or withdrawal must be seen by the Medical Director and upon his orders may be transferred to a licensed acute care facility, or the local emergency room for treatment. The Detention Center Administrator must receive authorization of this transfer. Detox inmates must be monitored on a consistent basis and all finding charged in his/her medical record. Documentation of the patient's status during detoxification is very important and must be reviewed by all medical staff members when needed in order to maintain patient care while incarcerated. Detox inmates may be referred to the designated mental health provider or a local program for assessment regarding dependency issues. Pregnant females who have drug/alcohol dependency will promptly be referred to the Medical Director for appropriate treatment methods. The Medical Director may have established treatment protocols . Inmates who are on Methadone will be referred to the Medical Director for appropriate withdrawal treatment plans to be used. Medical staff will verify a patient's history and medication prior to inception of services. Physician will review the information and make referrals as appropriate. 9 030419a HCBOC Page 87 : Treatment services may include on-site and/or off-site crisis intervention. Not all treatments include the prescribing of psychotropic medications. Crisis intervention is to be initiated if patient is a threat to themselves and others. Pregnant Inmates All verified and confirmed pregnant inmates will be referred to the designated prenatal clinician who can provide obstetric services including regular prenatal care, medical exams, activity level advice, safety precautions, nutrition . guidance and counseling . The inmate will be prescribed prenatal vitamins while incarcerated and applicable laboratory and diagnostic testing will be performed. The Detention Center Administrator must be notified of the inmate's pregnancy and on-going treatment. Corrections Officers should be alerted to the inmate's due date as it approaches and she should be under close observation around that time. Medical staff will document inmate's previous health history and other births. An outside specialty clinic visits will also be documented and noted in the patient's chart, along with services rendered noted in the file. Medical staff must utilize the Pregnancy Flow Sheet to monitor the pregnancy. The Medical Director should review the flow sheet on a consistent basis, maybe at the established chronic clinics reviews. Pregnant inmates needing obstetric services will be referred to the local County Health Department. The designated mental health provider may be asked to participate in the treatment plan regarding the patient. Issues which may be discussed are any psychotropic medications needs and/or depressions issues the patient may experience due to separation from the baby after the birth . Medical Records All medical records will be kept in the medical unit or, if inactive, in a secure place accessible to medical personnel. For period of seven years. The Detention Center Administrator should be consulted as to the space needed for the storage of inactive files. 10 030419a HCBOC Page 88 All medical encounters will be entered into the medical record using a narrative, pathways or S.O.A.P . format. The medical record will contain the following elements and all laboratory reports, consult reports, discharge summaries, and diagnostic studies will be reviewed and initialed by the physician before placement in the medical record . 1. Master Problem List (if a chronic condition patient); 2. Receiving Screening form ; 3 . Admission Data/H istory and Physical Assessment form; 4 . Physicians' Orders form; 5. Progress Notes; 6. Laboratory studies; Diagnostic studies; Dental records; 7. Psychiatric and psychological reports ; 8. Consultant's reports; x-ray reports; 9. Medication Administration Records; 10. Consent forms; Discharges summaries; 11 . Release of Responsibility and Authorization for Release of Information Forms; 12. Sick Call Request forms; 13. Specialized treatments plans; 14. All other relevant and medically related materials; 15. Transfer forms When an inmate is reincarcerated, the prior record, if one exists, will be reactivated and reviewed by the medical staff. The inmate will have one ( 1) medical record that contains a record of all medical services that are rendered. All forms must be signed and dated appropriately. Confidentiality of Health Records HIPAA regulations apply to any protected health information such as information that concern's a person' social security number, date of birth, physical or mental health, healthcare, or payment information that could be used to identify an individual. That information must be blocked from a disclosure of such information. While individuals are in a correctional institution, SHP can use or disclosure an inmate's protected health information to the medical unit of another correctional institution for the following reasons: 11 030419a HCBOC Page 89 ,. t• • • Provision of health care services; 1. Health and safety of the inmate or other inmates; 2. Health and safety of correctional institution personnel; 3. Health and safety of those personnel responsible for transporting or transferring of inmates; 4. Law enforcement on the institution's premises; 5. The administration and maintenance of the safety, security, and good order of the institution. N.C .G.S 130A 143 has strict confidentiality to information about reportable communicable diseases. The public health regulations authorize a local health department director to notify the sheriff if a detention inmate has certain communicable diseases. This regulation excludes HIV infection and AIDS. The disease must represent a significant threat to the public health. Further, if an inmate has escaped from custody, HIPAA does not restrict the use or disclosure of an inmate's medication information. In such situations, the correctional institution may use or disclose the inmate's personal medical information as long as that use or disclosure is consistent with applicable law and standards of ethics. The inmate's medical record is considered confidential and may not be shared with unauthorized individuals or agencies without the inmate's written consent. Training will be extended to all staff upon orientation as to the importance of maintaining medical confidentiality. Confidentiality Specific to HIV infection and AIDS 1. Any information and records, especially medical records that might identify an inmate as HIV infected, will be kept strictly confidential. a. The above reflects North Carolina's Law. Federal courts have recognized that inmates retain the right to privacy that protects against the disclosure of sensitive medical information. 2. Detention center medical staff only under the following circumstances may release the inmates HIV status: a. Release is made to health care personnel who are providing care to this inmate. 12 030419a HCBOC Page 90 ':, . '¥ b. Release is made with the inmate's written consent or the written consent of the inmate's guardian. C. Release is made pursuant to a subpoena or court order. Note: If an exposed officer learns from the detention center physician or private physician that an inmate is HIV infected, he or she must keep that information strictly confidential. The reason for telling the officer is to permit effective treatment and counseling . tt is a misdemeanor if the officer discloses this information to another officer. The only exception to the confidentiality law is N.C.G.S . 53A 222 allows inspectors with the Detention Center and detention branch to see an inmate's medical record unless the inmate objects in writing. Before inspectors may review the inmate must be informed in writing of his right to object Privacy All medical evaluations and services are to be performed in as much privacy, with respect to security issues , as possible. The discretion is with the Medical Director, physician, or nurse providing the service. Security personnel may be present if the patient poses a probably risk to the safety of the medical staff or others. Instruction on maintaining confidentiality is given to security staff that observes or hears health encounters. When cell side triage is required, medical staff must take extra precautions as to promote private communication with the inmate. Handling of Intoxicated Inmates Upon completion of the screening process, patients indicating such uses must be immediately referred to the medica l staff for further evaluation and treatment. 13 030419a HCBOC Page 91 .. . . . " Detoxification will be ca rried out only under medical supervision and initiated by the medical staff with physician overview on an individual care basis. All detainees found to be demonstrating the signs and symptoms of drug/alcohol withdrawal will be seen by the Medical Director and his treatment plan will be followed . Inmates experiencing severe, life threatening intoxification or withdrawal must be seen by the Medical Director and upon his orders may be transferred to a licensed acute care facility, or the local emergency room for treatment. The Detention Center Administrator must receive authorization of th is transfer. Pregnant females who have drug/alcohol dependency will promptly be referred to the Medical Director for appropriate treatment methods. The Medical Director may have established treatment protocols . Inmates who are on Methadone will be referred to the Medical Director fo r appropriate withdrawal treatment plans to be used. Training for Officers Training programs should be providing by a Detention Center training coordinator or through programs funded by the county or state (depending upon the facility resources). All training programs provided by SHP must be documented and the Detention Center training coordinator will keep attendance rosters . Upon request by the Detention Center Administrator, SHP in a joint effort along with other available entities will provide the following training : First Aid ; Suicide Prevention; CPR; Screening Techniques; Health Referrals ; Medication Administration; Recognizing chronic conditions/illnesses; Signs and Symptoms of Mental Illness; Confidentiality (HIPAA); Infectious Diseases -AIDS , MRSA , TB The nurse should participate in the on-going training program currently set- up through the Facility, whenever ava ilable to do so. 14 030419a HCBOC Page 92 (... Transporting inmates to outside sources for medical care The transportation officer will be notified by medical personnel when an inmate is scheduled for an appointment outside the Detention Center. Security staff will plan the transportation. Medical staff will not inform the inmate of the date or time of the appointment. When emergency transportation is required, medical personnel will decide whether an ambulance or security van is required and coordinate appropriate transportation with the corrections administration and security. Medical Co-Pay The medical staff is not to benefit in any way from the co-pay system. The nurse who is triaging or treating the inmate is only to complete any forms to provide information so that an inmate's account can be charged. Continuity of Care Upon an inmate's admission into the Detention Center, every effort must be made in obtaining information concerning previous and/or current treatment plans. Record request forms may be sent to the inmate's treating physician for inclusion into inmate's current medical file at the Detention Center. The Medical Director must be made aware of the medical records upon arrival, for his/her review as well. All medications must be verified before their continuance. All verifications (or inability to verify) must be noted within the patient's chart. Once medications have been verified, the Medical Director may give a verbal order (if not on-site) to continue the medications until the next scheduled physician sick call, based upon the inmate's compliance prior to incarceration and present condition. Identified long-term and/or serious chronic conditions must be referred to the Physician for referrals or follow- up clinic visits as needed. All pregnant inmates will be placed on pre-natal clinic for review by a local 08/GYN clinic or the local county health department. Those pregnant inmates exhibiting serious conditions may be referred to the hospital for assessment. 15 030419a HCBOC Page 93 All ordered tests and/or consults are completed in a timely manner. The Medical Director must sign all outpatient service discharge summaries as evidence of review. If changes in treatment are necessary, the changes must be noted and clinical justification for an alternative treatment plan is noted. Health Assessment All history and physical data will be obtained by medical staff and recorded on an Admission Data History and Physical Exam form. The medical staff will review the Receiving Screening form and confirm all information, as well as ask for any additional medical history information that may not have been noted upon admission . The medical staff must make verification of previous history, and document such verification and/or non -verification. Within 14 calendar days of arrival into the Detention Center, inmate will receive a full health assessment by SHP medical staff. A recording of inmate's current weight, height, blood pressure reading, and temperature and pulse rate will be noted on the Assessment form. Female inmates -will be given a pregnancy test if their situation deems possible pregnancy and/or upon request. The medical staff in conjunction with the Assessment form will perform a physical exam. Inmates with a chronic condition will be screened and questioned specifically about their condition. Chronic care inmates will be referred to the physician's chronic care clinic for an initial assessment and treatment plan as well. Other lab and/or diagnostic testing may be required based on infonnation received from the Receiving Screening or Assessment form. Physician's orders must be obtained for the testing. An inmate, who has been re-admitted into the Detention Center and had a · documented health assessment within the previous 12 months, need not be re-examined unless changes in inmate's health have been noted upon admission. 16 030419a HCBOC Page 94 I!,,. ~ ·, An inmate has the right to refuse a health assessment. Please refer to the policy Right to Refuse Treatment. If an inmate refuses a TB test, the inmate must be placed in isolation for precautionary measures, as TB is an infectious disease. Medical staff should monitor inmate until the TB testing is completed . Depending upon the reasons for the inmate's refusal, the Medical Director and/or mental health staff may be advised to speak with the inmate about his/her concerns. All history and physicals must be referred to the Medical Director for review and sign-off. Grievance Procedure Upon receipt of an inmate's grievance, the nurse will review the information presented and speak with the inmate about the problem and possible resolution. All information about the conversation should be documented on the grievance form and filed within the inmate's medical record . All responses to inmate grievances must be timely and based on principles of adequate and prudent medical care. Correctional officers will provide grievance forms to inmates upon their request. The inmate will give the completed form to a correctional officer who then gives the form to the medical staff for resolution. An incident report may accompany a copy of the grievance if submitted to the SHP corporate office . If the corporate office needs to be involved in the resolution of the problem, communication with the nurse, as well as a review of the applicable records and/or other information will begin. The nurse should notify the corporate office of the need for involvement. After the grievance has been resolved, the Detention Center Administrator should be notified as to the resolution. If the inmate does not agree with the resolution, an appeal may be filed citing additiona l information. The nurse and Detention Center Administrator will once again review this appeal grievance, with a copy forwarded to the corporate office for resolution. All appeals must be sent to the corporate office for review. 17 030419a HCBOC Page 95 ORIGINAL Office of the Sheriff of Harnett County Sheriff Wayne Coats Harnett County Detention Center Capt. Bill Grady PO Box S99 175 Bain Street, Lillington, NC 27546 Phone: 910-89S-0260; Fax: 910-814-1Sl4 This Detention Center Health Plan is hereby approved as of . by the Harnett County Sheriff's Office and the health director of the Harnett County Department of Public Health. H~eriii~ D~___.c)'-"'--'-lf+-~--4-i='"-4/._j-+----- Harnett County Health Director Date: c?( I z~ I ( The Detention Center Health Plan is hereby adopted by Harnett County Board Of Commissioners this the __ day of ________ _ Chairman Attest: ------------Clerk to the Board 030419a HCBOC Page 96 March 4, 2019 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE There are five (5) vacancies on this committee. AGRICULTURE ADVISORY BOARD There is (1) vacancy for a District 5 representative on this Board. BOARD OF HEALTH There is a vacancy on this board for an engineer position. HARNETT COUNTY REGIONAL JETPORT Agenda Ite_;,;m~ __ 7 ___ __..: There are (5) vacancies on this committee (District 1, District 3, District 5, At Large Member and a Campbell University Representative) HARNETT COUNTY BOARD OF ADJUSTMENT There is one (1) vacancy for alternate members representing District 3. HARNETT COUNTY COMMISSION FOR WOMEN AND YOUTH There is (l)vacancy on this council. HARNETT COUNTY PUBLIC LIBRARY BOARD There is one (1) Boone Trail community vacancy and (1) Anderson Creek Library representative. HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE There are three (3) vacancies on this committee. NURSING HOME COMMUNITY ADVISORY COMMITTEE There is ( 1) vacancy on this committee. NONPROFIT FUNDING COMMITTEE There is one vacancy for a District 4 representative on this committee. Page I -Appointments 030419a HCBOC Page 97 Board Meeting Agenda Item Agenda Item 8 -------- MEETING DATE: March 4, 2019 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Workforce Development Eligibility Specialist REQUESTED BY : Charlotte Leach REQUEST: Harnett County Workforce Development requests approval of a new full-time Workforce Development Eligibility Specialist postion, Pay Grade 14, $29,573 plus benefits. This position will be covered from WIOA funds. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\U sers\gwheeler\AppData\Local\Micro soft\ Windows\INetCache\Content.Outlook\l'PTEQCL V\agendaform2019.docx Page I of I 030419a HCBOC Page 98 Agenda Item 10 Harnett County DSS Monthly Report Totals 2018-19 July August September Octo~r November December Jauary 2019 February March April Moy June Totals Children's Services CPS Reports Received 131 118 107 144 124 112 120 Reports Accepted 84 72 69 89 68 59 77 518 Total children in Pie/Custody 141 148 148 148 157 156 157 FC Money expended S 100.008.82 s 111,859.00 $ 113,052.20 $ 114,400.65 s 117,234.39 $ I 17,807.00 $ 119,113.06 $ 793.475.12 Adult Services APS Reports Received 16 21 14 13 14 II 19 108 # of trips scheduled 1310 1455 1237 1521 1386 1241 1474 9624 Total Cases 296 298 300 302 312 299 283 Work First Energy Expenditures $34,893.26 $107,868.19 $94,974.77 $129,504.87 $116,845.59 $157,940.63 $184.400.00 $000 $826.427.3 I Total cases 336 357 367 364 367 373 375 Food & Nutrition Services Apps Approved 431 465 359 335 288 317 528 2723 Total Cases (households) 8,073 8102 9754 14,118 8,283 8,004 7,960 Benefits Issued $2,039,683.00 $2,054,689.00 $4,139,910.00 $2,180,584.00 $2,142,769.00 $2,049,752.00 $4,151,681.00 $18,759,068.00 Adult Medicaid Apps Approved 96 119 72 171 118 69 161 806 Total Cases 9,141 8,715 8,519 8,532 8.651 10,133 10,206 Family & Children's Medicaid Apps Approved 192 233 184 237 134 169 257 1406 Total Cases 11,557 12,164 12,265 15.890 15,959 16,003 17,108 Fraud Total Collections $9,948.60 $11,465.76 $7,659.39 $9,289.98 $7,746.83 $10,442.08 $13,92600 $70.478.64 ChildCarc Children Served 750 787 759 892 788 788 821 Total Expenditures $329,708.00 $325,430.00 $302,888.00 $409,679 00 $457,354.00 $420,499.00 $450,262.00 $2,695,820 00 Child Support Total Collections $788,908 $781,629 $707,402 $799,472 $757,023.00 $730,680 00 $749,578.00 $5,314,692.00 030419a HCBOC Page 99