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HomeMy WebLinkAbout020413a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 102 East Front Street Lillington, North Carolina Regular Meeting February 4, 2013 9:00 am 1 Call to order — Chairman Jim Burgin 2. Pledge of Allegiance and Invocation — Commissioner C. Gordon Springle 3. Consider additions and deletions to the published agenda 4. Consent Agenda A. Minutes B. Budget Amendments C. Tax refunds, rebates and releases D. Planning Services requests approval of Resolution to Seek the Amendment of NC Session Law 2004 -75 Senate Bill 1161 Enacted July 8, 2004. The amendment deletes the requirement for a "certified mail" notification and includes additional requirements for base commanders or designees to be notified of proposed subdivisions, telecom towers and windmills or any other activity requiring a conditional or special use permit within the five mile area. E. Proclamation declaring February 8, 2013, as "Herb Thomas Day" F. County Engineer requests adoption ofproject ordinance in the amount of 1,750,000 for the Dunn Erwin Landfill Corrective Action Plan. G. County Engineer requests approval ofprofessional services agreement amendment with C.T. Clayton, Sr, P.E., Inc. These services include construction, administration and engineering services for the Dunn Erwin Corrective Action Projects. H. Cooperative Extension requests peiniission to apply for the Family Support Program Services funding through the North Carolina Department of Health and Human Services' Division of Social Services to expand the outreach of the Parents as Teachers program as well as conduct a series of Incredible Years program. 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each Presentation 6. Appointments 7. Harnett County Employee Clinic Discussion, Sheila Simmons, First Choice Chief Executive Officer Page 1 S. Administration requests approval to pay an invoice to Ed Aguirre & Associates, Inc. for water analysis for the Town of Erwin water lines. 9. County Manager's report — Joseph Jeffries, Interim County Manager 10. New Business 11. Closed Session 12. Adjourn Page 2 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting January 22, 2013 The HarnettCounty Board of Commissioners met in regular session on Tuesday, January 22, 2013, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chairman Gary House, Vice Chairman Beatrice B. Hill, Commissioner Joe Miller, Commissioner C. Gordon Springle, Commissioner Joseph Jeffries, InterimCounty Manager Dwight Snow, County Attorney Sylvia Blinson, Finance Officer MargaretRegina Wheeler, Clerk to the Board Chairman Burgin called the meeting to order at 7:00 pm. Boy Scout Logan Stewart, accompanied by Dr. Jim Martin andSusan Rhodes of the Cape Fear District Boy Scouts, ledthe pledge of allegiance. Commissioner Joe Miller led the invocation. Chairman Burgin called for additions and deletions to the published agenda. Mr. Jeffries requested the addition of #225 Budget Amendment for Governing Body and Administration Departments in the amount of $3,337. Mr. Jeffries also requestedthe consideration of a revision to Parks and Recreation's request for permission to offer to the purchaseland on the Little River fromthe Lillington AmericanLegion Post 28. Commissioner Miller movedto approve the agenda as amended. Commissioner Springle seconded the motion which passed unanimously. Commissioner Miller asked to remove from the consent agenda for discussion purpose Parks and Recreation's request for permission to offer the Lillington AmericanLegion Post 28 $5000 for the purchase of their land on the Little River located at the end of American Region Road off of NC Hwy 210 and to namethe park in honor of the American Legion Post 28. Commissioner Hill asked to remove from the consent agenda for discussion purposes the County's contribution of an additional $500 in to each employee HSA/HRA account. Vice Chairman House asked to remove from the consent agenda for discussion purposes the adoption of Framework for Best Management Practices for Capital Projects for change orders. Chaiiiiian Burgin, under public disclosed, in referenceto the Library's request to apply for a LSTA grant for the 2013 -2014 year grant cycle for funding to hire Dr. Robert Burgin asa consultant to develop a strategic program and long range plan, that he does not knowhim, has never met him and to his knowledge is not related to Dr. Burgin. January 22, 2013 Regular MeetingMinutes Harnett County Board of Commissioners Page 1 of 14 Vice Chairman House moved to approve the consent agenda as amended. Commissioner Miller seconded the motion which passed unanimously. 1. Minutes: Correction to Minutes of the December 17, 2012, Regular Meeting 2. Budget Amendments: 202 Teen Court at Risk Youth Code 110 -5899- 420.35 -59 Teen Court (JPC) 1,575 increase 110 -5899- 420.35 -25 Court Psychology 1,733 decrease 110- 0000 - 399.00 -00 Fund Balance Appropriated 158 decrease 110 -0000- 334.58 -05 Teen Court 1,575 decrease 110- 0000 - 331.41 -02 Court Psychology 1,575 increase 203 Teen Court at Risk Youth Code 110 -5899- 420.35 -59 Teen Court (JPC) 110 -0000- 334.58 -05 Teen Court 206 Sheriffs Office Code 110 -5100- 420.43 -21 110- 0000 - 356.30 -00 208 Public Utilities PU0704 Code 568 -9100- 431.46 -04 568 -9100- 431.45 -20 Maintenance & Repair Auto Insurance Claims Ft. Bragg W &WW Sullivan Eastern Inc Legal & Admin 209 Library Code 110- 8100- 450.60 -33 Materials & Supplies 110- 0000 - 331.81 -01 NC State Aid /Library 210 Transportation Code 110- 0000 - 334.55 -01 110- 0000- 399.00 -00 213 Health/Aging Code 110- 7500- 441.60 -49 110 -0000- 331.77 -03 NCDOT Adm Fund Balance Appropriated Materials & Supplies Clients Block Grant 215 Planning Services Code 110 -7200- 465.33 -45 Contracted Services 110 -0000- 322.72 -01 Cell Tower Fees 40,000 decrease 40,000 decrease 2,652 increase 2,652 increase 3,223 increase 3,223 decrease 1,245 decrease 1,245 decrease 164,021 increase 164,021 decrease 1,988 increase 1,988 increase 21,000 increase 21,000 increase January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 14 217 Economic & Physical Development - Adult Program Code 234 -7411- 465.11 -00 Salaries & Wages 3,700 decrease 234 - 7411 - 465.12 -00 Salaries & Wages Part-time 3,500 increase 234 -7411- 465.22 -00 FICA 200 increase 234 -7410- 465.41 -11 Telecommunications & Postage 2,000 decrease 234 -7410- 465.41 -13 Utilities 1,000 decrease 234 - 7410 - 465.58 -14 Travel Administration 1,200 decrease 234 - 7410 - 465.12 -00 Salaries & Wages Part-time 3,500 increase 234 -7410- 465.26 -08 Worker Compensation 350 increase 234 -7410- 465.22 -00 FICA 350 increase 223 Public Utilities PU1002 SCWW 1B -2 Code 574- 9100 - 431.45 -54 WWTP Capacity Purchase 574 -9100- 431.45 -01 Construction 608,542 decrease 608,542 increase 225 Governing Body & Administration Code 110- 4100- 410.60 -33 Governing Body — Materials & Supplies 2,560 increase 110- 4150- 410.60 -33 Administration — Materials & Supplies 512 increase 110- 4100 - 410.44 -21 Governing Body — Lease Expense 265 increase 110- 8800 - 490.32 -16 Contingency 3,337 decrease 3. Tax refunds, rebates and releases (Attachment 1) 4. Resolution to add roads to state system (Attachment 2) 5. Sheriff Rollins requested to award a service side aiun, a Glock Model 22 handgun, to Deputy William L. Bell for one dollar ($1.00) upon his retirement from the Sheriff's Office. (Attachment 3) 6. Emergency Services requested, on behalf ofFlat Branch Fire Department, authorization to purchase a 2013 1500 gpm Pierce Pumper /Tanker. The current pumper /tanker is 22 years old and is beginning to prove to be unreliable. The new pump /tanker will be an enclosed cab and will carry a six man crew. The pumper /tanker will be financed through First Bank for Flat Branch Fire Department in the amount of $442,443 7. Library requested permission to apply for a LSTA grant for the 2013 -2014 year grant cycle for funding to hire a consultant to develop a strategic program and long range plan. Library staff working with the consultant will be in -kind services and no matching funds are required. 8. Human Resources, on behalf of Public Buildings, requests approval to reclassify a custodial position, vacated due to an employees retirement, to Facilities Maintenance Technician to meet current demands for building maintenance. The reclassified position will be a pay grade 63 with a salary range of $30,789 to $36,946. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 14 9. The Trustees of Harnett Health System, Inc. request approval of Trustee nominees Earnest Alphin of District 2, Jimmy McCoiinick of District 5 and Barbara McKoy of District 1. Mrs. McKoy will complete the teini of Mr. Donnie Olds. Chaiiinan Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Charlene Jones, 23 70 Old Buies Creek Road in Angier, said if the Board considered doing away with the lawsuit that Gary House should not be able to vote because he is a defendant in that lawsuit. She said she believes the lawsuit needs to move forward and stated that taxpayers are not paying for the lawsuit however Harnett County Public Utilities is paying for it out of the money that comes from selling water sewer to our citizens along with many other counties. Wanda K. McLamb of Hodges Chapel Road in Benson said she would like to see the lawsuit against Gary House dropped and if voted on he should be allowed to vote. She said taxpayers don't need to pay for an outside attorney when they have an attorney on payroll. Allan Button, 61 Karen Court in Angier, thanked the commissioners for their willingness to serving Harnett County and said he supports their proactive approach moving forward in 2013 and looking beyond as it takes a proactive Board of Commissioners with a clear sense of direction to encourage the positive and resist the negative. He commended their initiative to address the matter of commercial shooting ranges and urged the Board, as they deal with issues of growth, not to let Harnett County become an extension of Fayetteville sprawl or Wake County subdivision. He said land use results such as noise, light; odors, traffic and trash need to be accounted for when proposals are made. Mr. Button also encouraged them to pursue public private partnerships regarding finances. Joe Langley, 298 Kirk Adams Road in Angier, expressed concern about information not being released to the public in regards to the on -going investigation of Public Utilities. Mr. Langley distributed copies of a USDA letter dated December 27, 2012, to Chairman Burgin regarding the South Central Water and Sewer District Wastewater Project — Capacity Fees, and then read the letter out loud. It was the consensus of the Board to allow Mr. Langley to continue to comment after the 3 minute time limit expired. Mr. Langley said all allegations made have been investigated by the appropriate government agencies and to date have found no wrong doing on the part of Public Utilities. Mr. Langley proposed the following saying this would bring clarity and resolution to this issue allowing total transparency: 1) Requests that Harnett County Legal Services prepare a written timeline of factual events starting with the initial allegations of wrong- doing, 2) Requests that Harnett County Public Utilities provide to the public a review and an accounting of all monies that have been paid to date to defend themselves against the allegations that were brought against them and all monies that have been spent on lawsuits that have been brought against other parties in this matter 3) Would like if possible some sort of time accounting for the amount of hours that have been spent January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 14 4) Requests that the County inform the public by publishing responses to his requests in local newspapers or mail the responses to all citizens in their water bills. Pat Cameron of Erwin, a former county employee and department head, said employees that have talked to him want to see the lawsuit end. Mr. Cameron listed many comments and questions regarding the lawsuit and actions associated with it and asking commissioners to please put an end to it and move forward. Patrick Flowers, 1133 Shady Grove Road, addressed commissioners regarding shooting ranges and the need for regulation. Mr. Flowers responded that he has not been given a key to the gate of the Mitchell's Property. Chairman Burgin said he had instructed Public Utilities to give Mr. Flowers a key so that he could maintain the fire breaks. Daniel Glover, 2338 Old Stage Road, commended the Board for bringing transparency and said the lawsuit has been drawn out way too long. Mr. Glover spoke against Commissioner House voting on the lawsuit saying "You can't be your own judge and jury and defendant and this is not only a conflict of interest but corruption" Tom Stewart of Erwin said he understands that the county has already spent $139,000 on the lawsuit and if it goes through all of the court processes it could cost up to half a million dollars and he asked what are the taxpayers going to get out of all the expenditures of this kind ofmoney? Commissioner Hill said a lot of people really don't know the truth behind the lawsuit and asked if stealing is a crime? Commissioner Hill said the money for this case is coming from Public Utilities, she said it comes from water bills not out of tax- payer's pockets, and she wants to see it over too but want to see the truth come out of it. Chairman Burgin said he would like for the Board to look at term limits for all of their Boards and Committees to get more people involved. He noted that the Board of Equalization and Review member's yearly teinis are up for reappointment with some members having served over 12 years /terms. Commissioner Springle moved to approve the appointments listed below. Commissioner Hill seconded the motion which passed unanimously. AIRPORT COMMITTEE Rhett Raynor and Joseph Tart (nominated by Vice Chairman House) were reappointed to serve on this committee for terms of four years expiring December 31, 2016. HISTORIC PROPERTIES COMMISSION Melanie Collins (nominated by Vice Chairman House) was appointed as an alternate on this commission for a term of 3 years ending January 31, 2016. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 14 Parks and Recreation requests permission to offer the Lillington American Legion Post 28 $5000 for the purchase of their land on the Little River located at the end of American Region Road off of NC Hwy 210. The County will also name the park in honor of the American Legion Post 28. Parks and Recreation proposes to use the property for a public access to launch canoes and kayaks and once developed, having a picnic shelter and restroom facility at the park. Commissioner Miller said he does not have a problem with the American Legion Property Land Acquisition ifthe citizens can use it but wonders where the money will come to cover the project costs over and above the recreation fees available for the Town of Lillington. Mr. Jeffries, on behalf ofParks and Recreation Director Carl Davis, explained that plans are to develop the park as monies become available or when grants may be obtained with the final plan to encompass a picnic shelter, small restroom facility and parking lot. In -kind services may be used as match for some grants. A canoe/kayak access area is already on the property. Mr. Davis is exploring having a fire training exercise to demolish an existing abandoned structure on the property. Other initial steps to getting the park open would be spreading ABC gravel to form a parking lot which may be funded in the current Parks and Recreation budget. Commissioner Miller moved to approve the request as presented. Vice Chairman House seconded the motion which passed unanimously. Commissioners discussed the County's contribution of an additional $500 in to each employee HSA /HRA account which will cost around $300,000. Mrs. Blinson reported these funds would come from fund balance and gave a brief overview of fund balance. Mrs. Blinson will confirm the amount of money gotten back from the HRA contributions that the county had set -aside last year which Chairman Burgin believes is around $300,000. Commissioner Hill asked to table the issue. Vice Chairman House said he believes we need to provide employees some relief. The employee's insurance plan and deductibles run on the fiscal year. Commissioner Miller was told commissioners could look at a new health insurance program for employees on July 1St. Mr. Jeffries noted that BC /BS representatives were coming to the upcoming retreat to discuss options with commissioners. Vice Chairman House moved to approve the County's contribution of an additional $500 in to each employee HSA /HRA account. Commissioner Springle seconded the motion. Commissioner Miller confirmed that this allotment of approximately $300,000 would not put the County below state requirement for fund balance which is 8% with the County's current fund balance around 15 %. The motion passed 4 to one with Commissioner Hill opposing. Commissioners discussed the proposed Framework for Best Management Practices for Capital Projects for change orders. Vice Chairman House said he has lost trust and confidence in some of the employees who are making these change orders and he fears the way the framework is written would allow issues to continue. Vice Chairman House proposed that the change orders be reviewed and approved by the County Manager and the County Engineer who would also decided if it needed to come before the Board. Vice Chairman House said he has all of the trust and confidence in the world in Amanda Bader who drafted the proposed framework. Commissioner Springle moved to include "and county engineer" within #3 of the proposed framework. Vice Chairman Burgin seconded the motion which failed 3 to 2 with Commissioners Hill, House and Miller opposing. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 14 Commissioner Springle moved to approve the Framework for Best Management Practices for Capital Projects for change orders as written. Commissioner Miller seconded the motion which passed 4 to 1. Mark Locklear petitioned the Board for a public hearing on Proposed Zoning Change: Landowner /Applicant: C.L. Byrd, From RA -20M to Commercial Zoning; 3.52 acres (2 tracts); Corner of US 421 & Prospect Church Road; Grove Township. Mr. Locklear reported the Planning Department staff recommends approval of the request based on impact, compatibility and enhancement of public health, safety and general welfare. The Planning Board considered the proposed zoning change at their January 7, 2013, meeting. The site is contiguous to exiting commercial zoning and findings were found favorable. Both tracts of land are currently vacant and surrounding land uses consist of Moore's Storage Building, McLeod Furniture, a church, single family dwellings and vacant land. The Planning Board unanimously recommends approval of this request. Mr. Locklear reported staff evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning to commercial would not have an unreasonable impact on the community, due to already existing commercial and industrial zoning in the area. The requested zoning district is NOT COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is not compatible with the existing Land Use Classification of Low Density Residential. The classification is to promote single family homes, manufactured homes or larger size lots. However, the requested zoning to commercial would be appropriate due to the surrounding land uses and staff recommends amending the land use plan. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to commercial would maintain the public health and general welfare due to other commercial uses in the area. This request does not need to be evaluated for SMALL SCALE REZONING. The property is adjacent to commercially zoned property and therefore would not need to be evaluated as a small scale rezoning. Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to Commercial is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 14 Commissioner Springle moved to called to order a public hearing on the matter and open the floor for public comment. Vice- Chaiiinan House seconded the motion which passed unanimously. Gene McLeod, who owns McLeod Furniture Store and the property that adjourns the proposed property, spoke in support of the property being rezoned commercial. Mr. McLeod said he understands the property will be used to build a convenient store which everybody around there would like to have such a facility nearby. Seeing no one else move, Commissioner Hill moved to close the public hearing. Commissioner Springle seconded the motion which passed unanimously. Vice Chairman House moved to approve the rezoning as presented. Commissioner Miller seconded the motion which passed unanimously. Tom Frye, Superintendent, thanked commissioners for their approval of the Highland Middle School project. He noted the ground- breaking ceremony for this project is schedule at 11:00 am on Friday, February 1, 2013. Mr. Frye discussed the remaining $2 Million of Qualified School Construction Bond (QSCB) allotment funds. Mr. Frye explained that approximately $29 million of the QSCB funding was needed for the Highland Middle School project which leaves $2,224,559 still available. Mr. Frye said his office has received communication from the NC Department of Public Instruction DPI) wanting to know if the commissioners were planning to sale any additional bonds against what they have been given authority. Mr. Frye is seeking guidance noting that the money was suppose to expire December 31st but the implication received in his office was that commissioners may still have the opportunity to sale the additional bonds. Yearly payments on the additional funds were estimated at $104,000 with nearly zero percent interest. Chairman Burgin ask if the Board of Education had money in their fund balance to make the payment on this for two years until the County can get caught up on some things. Mr. Frye said he could not obligate funds on behalf of his Board. Mr. Frye said he needed to give DPI a response the following day. Mrs. Blinson said we are required to budget the full amount of interest and make payments into an escrow account for these funds. Commissioners would need to work with their bond counsel to sale the bonds and the money must be used for construction or capital improvements to existing structures. Mr. Frye said he could use this money immediately on many projects within the schools. Commissioner Miller moved to let the schools have the remainder of the QSCB funding. Commissioner Springle seconded the motion which passed unanimously. Vice Chaiinian House asked Mr. Frye if all students have textbooks. Mr. Frye explained the new curriculum doesn't rely on a textbook which are not simply a resource that teachers have that can be check out if needed. Barry Blevins, Airport Administrator, presented the Harnett Regional Jetport Transportation Improvement Plan (TIP) 2014 — 2018 Project Listing. Mr. Blevins noted the project listing prioritizes aviation needs and potential funding for upcoming projects. He reported the total for January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 14 all improvements if approved by Division of Aviation (DOA) and funds matched by the County of Harnett equals $18,217,200 and projected funding /projects, if available, would be spread out from FY2014 to FY2018. Mr. Blevins also noted on January 7, 2012, the Airport Committee approved and recommended the TIP as listed. Mr. Blevins also said this list gives DOA a potential list of projects to look for grants and confirmed all projects are funded by grant money. Commissioner Miller moved to approve the Harnett Regional Jetport Transportation Improvement Plan as presented. Commissioner Springle seconded the motion which passed unanimously. Steve Ward, Director of Public Utilities, requested approval of an increasing change order in the amount of $608,541.32 for Key Construction, Inc. This contract is associated with the South Central Wastewater Phase 1B2 project. The change order modifies negotiated quantities to match the current field conditions of the project. Mr. Ward said this was 1 of 4 projects in the area and noted commissioners had been briefed by staff attorney regarding the change order. He said approval of this change order would get the ball rolling with a $200,000 savings projected in the end. He also reported a projected savings of $480,000 with all four projects combined. Mr. Ward responded that he was satisfied and Temple can go to work on January 25th with Key out there now working on defective work. He said they have an extended warranty on that project. Vice Chairman House asked staff to make sure to follow up to get funds back if owed due to any defective plans. Mr. Ward said adequate depths may not have been picked up by the engineer when Public Utilities cut out a lot of quantities. Vice Chairman House moved to approve the change order as presented. Commissioner Miller seconded the motion which passed unanimously Mr. Jeffries presented for consideration a Resolution Precluding Firing Ranges or Pistol Pits as Agritourism Activities in Harnett County. Commissioners had previously discussed the resolution which had been revised. Commissioner Springle moved to approve the resolution as written. Vice Chairman House seconded the motion. Commissioner Miller said he wants the Board to be real careful but he agrees there should be some kind of regulations of hours. It was clarified that adoption of this resolution would have no impact on existing facilities and anyone wishing to open a shooting range could apply for a conditional use permit. The motion passed 4 to 1 with Commissioner Hill opposing. (Attachment 4) Mr. Snow presented for consideration an Ordinance Establishing a Whistleblower Policy. Commissioners discussed this policy in detail during a previous work session and revisions were made. Mr. Snow, in discussions with Pitt County Attorney Janice Galliger, noted the policy is very much like what Pitt County has which has basically been very successful with the exception of needing to revised their internet portal to modified the internet site to properly direct people. He noted that Pitt County basically averages about 6 whistle blower claims a quarter which is manageable. Mr. Snow said he understands people can remain anonymous but we encourage people to identify who they are as it will helps with the investigation. Commissioner Miller worries the county legal staff will be inundated with claims. He also questioned what the county could do against persons who make fraudulent accusation in addition to them losing their jobs. Mr. Snow January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 9of14 said you always have that possibility but he doesn't believe this has been an issue for Pitt County. The policy also offers employees various options of who they can make reports to. Lastly, Mr. Snow pointed out that the policy ensures that Harnett County will not retaliate against a whistleblower. Vice Chaiiuian House moved to approve the Ordinance Establishing a Whistleblower Policy. Commissioner Springle seconded the motion which passed unanimously. Chairman Burgin infoiuied the audience that board packages are now posted on -line for public access. Mr. Jeffries presented the following report: Accounts Receivable Tax Report December 2012 Planning Services Report Mr. Jeffries also reminded the group of the upcoming dinner and meeting of the Local Government Association at Ron's Barn at 6:30 pm on Monday, January 28, 2013. Chairman Burgin invited commissioners to participate in a discussion panel at 9:00 pm on Monday, January 29, 2013, at Campbell University to inform students of the goings on in their local politics. Chairman Burgin called for any new business. Commissioner Springle asked about the status of bank fees. Mrs. Blinson responded that the Finance Office was beginning the process to look at bank fees but typically those changes are made after the budget is in place. Vice Chairman House requested to discuss Country Walk at an upcoming work session. Chairman Burgin requested that an upcoming work session be rescheduled to 7 :00 pm to allow the Chambers and the public an opportunity to address the Board. Commissioner Hill moved that the Board go in to closed session to consider and give instructions to the County's legal counsel concerning the handling of certain legal claims including but not limited to the following: 1) "South Central Water and Sewer District vs. Cassias" Harnett County File No. 12 CVS 170; and 2) 2) "County ofHarnett vs. Randy D. Rogers and Gary A. House" Harnett County File No. 12 CVS 890; and 3) To discuss certain personnel matters (amendment to the original motion made following closed session, seconded by Commissioner House and passed unanimously) This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(3)& (6). Commissioner Springle seconded the motion which passed unanimously. Vice Chaiiman House moved that the Board come out of closed session. Commissioner Hill seconded the motion which passed unanimously. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 10 ofl4 Chaiinuan Burgin moved to make the following closed session minutes and notes public: January 22, 2013, Memorandum to Interim County Manager Joseph Jeffries from Senior County Staff Attorney Jennifer Slusser regarding County vs. Rogers, Et. al. litigation Public Utilities' Budget Ordinance Amendment 180(i) in the amount of 95,000 to fund on -going legal and other expected professional service costs March 21, 2012, Memorandum to County Manager Scott Sauer from Senior County Staff Attorney Jennifer Slusser regarding Report on Investigation of the Harnett County Public Utilities Date May 2011 March 6, 2012, Closed Session Minutes January 31, 2012, Closed Session Minutes with Exhibit A and 13 Commissioner Springle seconded the motion which passed unanimously. Chairman Burgin moved to discuss publicly the instructions given to county attorney in closed session. The motion was seconded by Commissioner Springle and passed unanimously. Chairman Burgin said there are two big banker boxes of all of the attorney notes from all of this investigation including testimony from people, interviews and other information that he believes should be made public. County and staff attorneys have been directed to review the infoimation to make sure we are not violating any personnel issues or anything else prior to the information being made public. Chairman Burgin said a ton of information is being put on the website so the public can have access to information and asked the public to let them know if there are things they can't find or see so that they can try to get that information open too. Chairman Burgin then read into record the following excerpts of the closed session minutes and notes previously made public: March 6, 2012 Closed Session Minutes - A motion was made by Commissioner McNeill and a second by Commissioner Andrews that the County staff pursue civil claims against Randy Rogers and other parties in the areas of (a) the recovery of non- public record County Public Utility design documents and (b) the recovery of all damages which are the result of improper actions taken by Randy Rogers while employed by the Harnett County Public Utilities Department, and other parties, and further that outside counsel be retained to pursue these claims if necessary. Prior to the vote on this motion, Commissioner Burgin made a motion to amend through the modification of the primary motion to add that a demand letter for the recovery of the non - public record Public Utilities Department design documents be made to Mr. Rogers and that the matter come back to the Board of Commissioners prior to the filing of any civil litigation. This motion to amend was seconded by Commissioner House. Chairman McNeill called for a vote on the amendment to the motion made by Commissioner Burgin and it failed by a vote of three (McNeill, Andrews and Hill) to two (Burgin and House). January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 11 of 14 At this point Chairman McNeill then called for a vote on the primary motion and it passed by a vote of three (McNeill, Andrews and Hill) to two (Burgin and House). March 21. 2012, memorandum to County Manager Scott Sauer from Senior County Staff Attorney Jennifer Slusser regarding Report on Investigation of the Harnett County Public Utilities Date May 2011 — By way of update from the Board of Commissioners' Closed Session of March 20, 2012, please be advised that Mr. David Senter of Nexsen Pruet LLP has agreed to accept representation of Harnett County with regards to the recommendation to "vigorously pursue civil claims against Randy Rogers...that arise as a result of improper actions taken by him while employed by the HCDPU" and "consider if any other civil actions should be instituted against any other individuals" included on page 98 of the Report on Investigation of the Harnett County Department of Public Utilities Dated May 2011 by Poyner Spruill, 1LP. As we discussed, Mr. Senter will be sending demand letters to Randy Rogers and others seeking, among other things, the return of documents and other tangible items which may have been improperly taken from Harnett County. These demand letters should be sent this week. I will continue to keep you apprise as things develop in this matter. January 31, 2012, Closed Session Minutes. including Exhibit A= Memorandum from County Manager Scott Sauer to the Board of Commissioners. and Exhibit B — Memorandum from County and Staff Attorneys requiring signatures authorizing the release of "the information" — Attorney Snow further reported that he had met with District Attorney Vernon Stewart who advised that he had received a letter from the North Carolina Attorney General's Staff at the N.C. Department of Justice regarding its review of the Harnett County Public Utilities investigation. In that letter, Special Deputy Attorney General Steven M. Arbogast reported that his office was requested by the County to review the Poyner Spruill public utilities investigation report for possible criminal charges and prosecutions. Mr. Arbogast state that he had carefully reviewed the Poyner Spruill report and that he, Special Deputy Attorney General James J. Coman and agents from the North Carolina State Bureau of Investigation SBI) had met with Attorneys Cecil Harrison and David Woodard from the Poyner Spruill law firm concerning their investigation report and findings. The Harnett County Board of Commissioners had previously given permission to Attorneys Harrison and Woodard to engage in a candid conversation of their investigation with these individuals. Agent Arbogast further stated that Attorneys Harrison and Woodard subsequently provided his office with copies of the audio recordings which were the basis of the Poyner Spruill report. These recordings were provided to the SBI who reviewed the same for any possible criminal conduct. As a result of this investigative work, it was the opinion and conclusion of Mr. Arbogast that the Poyner and Spruill investigation report does not support any viable criminal prosecutions. His letter went on to state "although the report contains suspicions and allegations of misconduct on the part of current and foinier supervisors and employees of the Harnett County Department of Public Utilities, it is almost exclusively based upon innuendo, opinion, speculation and hearsay on the part of other current and foimer employees of the Harnett County Department of Public January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 12 of 14 Utilities. There is virtually no hard physical evidence upon which to bring valid criminal charges against any individual within the Department of Public Utilities, let alone evidence which would predicate any successful prosecution." Mr. Arbogast went on to state that as far as the North Carolina Attorney General's Office is concerned that the Poyner Spruill report does not provide the basis for justification for any successful prosecution of a criminal offense by any current or former employee of the Harnett County Department of Public Utilities. Attorney Snow stated that it was District Attorney Stewart's intent to advise report Brian Haney of The Daily Record newspaper with the contents of this letter on Wednesday, February 1, 2012. January 22, 2013, Memorandum to Interim County Manager Joseph Jeffries from Senior County Staff Attorney Jennifer Slusser regarding County vs. Rogers. Et. al. litigation — THIS MEMORANDUM IS PROTECTED BY THE ATTORNEY CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES - You asked me who made the determination regarding the filing of the above - referenced lawsuit against Randy Rogers and Gary House. As I previously advised, the client (in this case, Harnett County) always makes these decisions. Nexsen Pruet, PLLC was retained to review the facts and circumstances relating to this matter and made recommendations as to proper parties and causes of action. That information was shared with the client, Harnett County, through its representative, County Manager Scott Sauer. Mr. Sauer accepted the recommendations of Nexsen Pruet and authorized that Nexsen Pruet move forward with the demand letters and subsequent litigation. I confirmed this directive with Mr. Sauer on at least three occasions and he advised that these actions were taken pursuant to the Board's directive, reflected in closed session minutes and that he shared information relating to this matter in memoranda to the Board of Commissioners. Budget Ordinance Amendment that was approved to go back and move $95,000 from Bulk Water and Utilities to Professional Services January 31, 2012, Closed Session Minutes, including Exhibit A - Memorandum from County Manager Scott Sauer to the Board ofCommissioners. and Exhibit B — Memorandum from County and Staff Attorneys requiring signatures authorizing the release of "the information" — At this point the recommendation sheet from County Manager Scott Sauer attached to these minutes as Exhibit A which includes the G.S. § 153A- 98(c)(7) statutory exception language was reviewed by those Commissioners in favor of the motion. A written version of the primary motion which is attached hereto as Exhibit B was reviewed by those Commissioners in favor of the motion and executed by them. Chairman Burgin said in the original discussions there was never any mention of any litigation against Commissioner House or anyone else; Scott Sauer directed Nexsen Pruett to do that. Chairman Burgin said until he asked if there was an engagement letter with Nexsen Pruett he had never seen the memo. Chairman Burgin said Attorney Snow had never seen the memo nor had January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 13 of 14 the Clerk ever circulated a copy of the memo to the commissioners. Chairman Burgin said there were documents floating around with people making decisions that never came before the Board. He said we have spent a total of $219,000 of which we've budget $95,000 to spend so we are spending money without getting approval of the Board and taking out lawsuits without the approval of the Board. Regarding the USDA letter to Chairman Burgin dated December 27, 2012; which has not been officially received as of yet; Chaiiman Burgin said it was amazing to him that the first time he saw the letter was via e -mail from the Mr. Jeffries on Friday, January 18, 2012, but the letter had already been circulated among others. Other commissioners expressed concern that they didn't receive the letter until today. Mr. Jeffries said he shared the letter with commissioners as soon as he could. Chairman Burgin reiterated that he has instructed staff to share anything sent to him with everybody. Chairman Burgin's opinion that the motion to file the lawsuit against Gary House was made by the prior Chairman and the prior County Manager therefore Chairman Burgin instructed Mr. Jeffries to instruct the attorneys to drop the lawsuit against Gary House and also instructed him to stop payment for any law bills associated with this and to notify everyone that this Board has not approved paying money for this. Chaiiman Burgin said if somebody wants to bring a motion to do a lawsuit, to pay legal bills, they are welcome to do it. Chairman Burgin said based on if they had the authority to do it, then we've got the authority to undo it. Chairman Burgin said he thinks there is a sacred trust between people that are elected and taxpayer money and he doesn't think the average citizen would be in favor of us wasting money, especially $219,000 that has basically done nothing but alienated people and destroyed trust. Commissioner Hill said people aren't concerned about the money, they are concerned about what's right, they are concerned about the truth! Chairman Burgin said stealing is criminal but when the Attorney General ofthe State of North Carolina investigates something and said that there is no criminal charges then to him they know a whole lot more about it than what we do. Commissioner Hill moved to adjourn the meeting at 9:33 pm. Vice Chairman House seconded the motion which passed unanimously. Jim Burgin, Chaiiiiian Margaret Regina Wheeler, Clerk January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 14of14 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013: Section 1. To amend the Parks & Recreation, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 110 -8200- 450.74 -71 DESCRIPTION OF CODE Capital Outlay — Land AMOUNT INCREASE 5,000 REVENUE CODE NUMBER 110 -0000- 399.00 -00 AMOUNT DECREASE AMOUNT AMOUNT DESCRIPTION OF CODE Fund Balance Appropriated INCREASE DECREASE 5,000 EXPLANATION: To increase Fund Balance Appropriated to budget funds to purchase and from the Lillington American Legion Post 28 located at the end of American Legion Road off NC Hwy 210. This land will be used for a public access to launch canoes and kayaks and once developed, a picnic shelter and restroom facility. APPROVALS: Department Head (date) Fance Officer (date) CgiunManag ate} Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board Harnett County Board of Commissioners day of Jim Burgin, Chairman BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013: Section 1. To amend the Governing Body, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER 1 DESCRIPTION OF CODE INCREASE DECREASE 110 - 4100 - 410.60 -33 Governing Body — Materials and Supplies $3,073 110-8800-410.32-16 Contingency 3,073 REVENUE CODE NUMBER DESCRIPTION OF CODE N/A AMOUNT DECREASE EXPLANATION: To increase Governing Body materials and supplies line item to purchase 6 Samsung tables. The tablets will be given to. the Board of Education for use by the School Board Members and the Superintendent this will provide better communications between the Boards. APPROVALS: Department Head (date) rinance Officer (date) ,...j .J Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler Jim Burgin, Chairman Clerk to the Board Harnett County Board of Commissioners BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013: follows: Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as EXPENDITURE CODE NUMBER 110 - 7300 - 465 -60 -39 DESCRIPTION OF CODE Other Materials AMOUNT AMOUNT INCREASE DECREASE 1,840 REVENUE CODE NUMBER DESCRIPTION OF CODE 110 - 0000 - 331 -73 -05 Better Kid Care Training AMOUNT AMOUNT INCREASE DECREASE 1,840 EXPLANATION: APPROVALS: To •,;.get additjonal funds received from Better Kid Care Tra'ning. Department Head (date'/ , 'Finale Officer (date Cou 7^.34 - 3 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Jim Burgin, Chairman Harnett County Board of Commissioners 232b BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER REVENUE CODE NUMBER 110 - 0000 - 353.75 -01 1110- 0000 - 353.15 -00 DESCRIPTION OF CODE AMOUNT INCREASE AMOUNT DECREASE AMOUNT AMOUNT DESCRIPTION OF CODE IN_CREASE DECREASE Family Caregiver Donations 200 RSVP Donations 200 EXPLANATION: Budget Amendment to correct BA#182B moving funds from FCG Program to RSVP Program. APPROVALS: Department Head (date) Fin ' ce Officer (Date)/ 73 Cout, ty 31-13 Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2012 Jim Burgin, Chairman Harnett County Board of Commissioners 23517b BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 110- 7600 - 441.60 -45 REVENUE CODE NUMBER 110-0000-331.76-19 EXPLANATION: APPROVALS: DESCRIPTION OF CODE Drugs DESCRIPTION OF CODE TANF -Birth Prevention (State) Dertment Head ( e) p tern cL GwT j vt Fin,ce Officer (Date)!_ 3o AMOUNT AMOUNT INCREASE DECREASE 2,128.00 AMOUNT AMOUNT INCREASE DECREASE 2,128.00 1C .unty an (Date) a-31 —, " Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board Harnett County Board of Commissioners day of ,2012 Jim Burgin, Chairman 231-1 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: 1 EXPENDITURE 1 CODE NUMBER 1 DESCRIPTION OF CODE 1110- 7600 - 441.32 -26 !Incentives 110 - 7600 - 441.54 -26 Advertising 110 -7600- 441.60 -47 Food & Provisions AMOUNT AMOUNT INl REASE DECREASE 271.00 21.00 200.00 REVENUE l AMOUNT AMOUNT CODE NUMBER 1 DESCRIPTION OF CODE INCREASE DECREASE 110 -0000- 353.76 -05 ,Donations- Breast Cancer Awareness(Pink Ribbon) $ 50.00 1 EXPLANATION: To budget additional donations as well as realign funds previously budgeted for the Breast Cancer Awareness program. APPROVALS: Department Head ( ".te) Fin ce Officer (Date) / 3 / Coy ity Ma g (Date) 1- ,31 -I3 Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2012 Jim Burgin, Chairman Harnett County Board of Commissioners 2351, BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013: Section 1. To amend the Emergency Services Department, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 263 5251 420 30.04 REVENUE CODE NUMBER 263 0000 399 00.00 DESCRIPTION OF CODE Professional Services DESCRIPTION OF CODE Fund Balance Appropriated AMOUNT AMOUNT INCREASE DECREASE 10,000 AMOUNT INCREASE 10,000 AMOUNT DECREASE EXPLANATION: lincrease Fund Balance Appropriated to budget a portion of unspent prior year funds. These funds were received from the Harris Nuclear Plant and will be used for expenses associated with emergency planning. APPROVALS: l/ A3 , 1_1 Depa -nt Head (date) ance Officer (date) 3z, -;3 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Jim Burgin, Chairman Harnett County Board of Commissioners 23(, BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30 2013: Section 1. To amend the Sheriff's Department, Life is Fragile Enough Grant, the appropriations are to be changed as follows: 1 EXPENDITURE CODE NUMBER 110-51M-420-60-33 110-5101-420-74-74 110-51$-420-73-01 REVENUE CODE NUMBER _ 1 10- 0000 - 331 - Si 30 DESCRIPTION OF CODE Materials & Supplies Capital Outlay Equipment not Capitalized AMOUNT INCREASE 2,600 23,700 3,700 DESCRIPTION OF CODE 2012 Life is Fra•ile Enough CFDA #16.738 2012 -DJ -BX -0640 AMOUNT INCREASE 30,000 AMOUNT DECREASE AMOUNT DECREASE EXPLANATION: To budget the 2012 North Carolina Governor's Crime Commission - Harnett -Life is Fragile Enough Grant for the purchase of Law Enforcement Traffic Equipment. (No County match required) APPROVALS: Department Head (date) nce Officer (date) 1- 3v(:3 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. rs 3 y Ma(agedate) Adopted Margaret Regina. GRiel, Wileel+er Clerk to the Board 1,),„ 6 fkri;ftrir11711715`7-totu—P4e414, Chairman Harnett County Board of Comm 2 37 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013: Section 1. To amend the General Fund, Social Services Department, the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 110 - 7710 - 441.80 -90 DESCRIPTION OF CODE Crisis intervention AMOUNT INCREASE 267,997 AMOUNT DECREASE REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110 -0000- 330.77 -01 Social Services Administration 267,997 EXPLANATION: To budget additional funding allocated by the State for the Crisis Intervention Program. APPROVALS: De artment Head (date) nance Officer (date) /...3e ou ty Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler, Clerk to the Board 2 31 m 814 ;Kri 3:- °MeNe€4, Chairman Hawhett County Board of Commissioners BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013: follows: Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as EXPENDITURE CODE NUMBER 110 -7300- 465 -32 -32 DESCRIPTION OF CODE Community Rural Development AMOUNT INCREASE 1,000 AMOUNT DECREASE REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110 - 0000 - 399 -00 -00 Fund Balance Appropriated 1,000 EXPLANATION: APPROVALS: To put revenue in Community Rural Development line for programs in 2013. 250 was deposited in 2011 in Family & Consumer Science Expenditure line for CRD program. $750 will be taken from Community Rural Development line (deposited in 2012 fiscal year). All to be deposited this fiscal year 2013 in Com +unit R • I Development ine for programs and activities. l 1--31" 13 Dep..' m: S + •ate) Co119/3 Fin e Officer date) ty Mana.er (date) 2t -!3 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this day of Margaret Regina Wheeler Clerk to the Board 8 I ; h T' R , Chairman Fi"arnett County Board of Commissioners 2 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2013: follows: Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as EXPENDITURE CODE NUMBER DESCRIPTION OF CODE 110 -7323- 465 -11 -00 Salaries & Wages 110 -7323- 465 -21 -00 Group Insurance 110 -7323- 465 -21 -04 HAS 110 -7323- 465 -21 -05 Employee Clinic 110 - 7323 - 465 -22 -00 FICA 110 - 7323 - 465 -23 -00 Regular Retirement 110 - 7323 - 465 -26 -08 Workman's Compensation AMOUNT AMOUNT INCREASE DECREASE 7,614 990 100 34 520 507 28 REVENUE CODE NUMBER DESCRIPTION OF CODE 110- 0000 - 334 -7323 CCR &R Smart Start Grant AMOUNT AMOUNT INCREASE DECREASE 9,793 EXPLANATION: APPROVALS: Budget is being decreased due to the Grantor reducing the amount of the grant. ddteeart' ent Head ( ) F. nce Officer (date) s -c County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Jim Burgin, Chairman Harnett County Board of Commissioners 2401, 131 -13 Agenda Item `t -D Board Meeting Agenda Item MEETING DATE: February 4, 2013 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Resolution - Proposed Amendment for Notifications to Military Bases REQUESTED BY: Mark Locklear, Interim Planning Services Director REQUEST: Propose a Resolution to Seek the Amendment of North Carolina Session Law 2004-75 Senate Bill 1161 Enacted July 8, 2004. Proposal deletes the requirement for a "certified mail" notification and includes additional requirments for base commanders or designees to be notified ofproposed subdivisions, telecom towers and windmills or any other activity requiring a conditional orspecial use permit within the fivemile area. COUNTYMANAGER'S RECOMMENDATION: S:\Planning and Inspections Files\AMENDMENTS\2013 TextAmendments \cc agenda fonn Resolution to seek amendment Senate Bill - military notification.do Page 1 of 1 A RESOLUTION TO SEEK THE AMENDMENT OF NORTH CAROLINA SESSION LAW 2004 -75 SENATE BILL 1161 ENACTED JULY 8, 2004 WHEREAS, the North Carolina General Assembly adopted Session Law 2004 -75 known as "An Act to Require Counties and Cities Near Militant' Bases to Give Notice of Land -Use Planning Changes to the Military Bases", and WHEREAS, the law continues to be a very effective and important tool in facilitating communication between North Carolina's military bases and the surrounding local governments (cities and counties) concerning proposed zoning changes within five miles ofthe bases, and WHEREAS, certain provisions of the existing law have proven to be burdensome for both the military and local governments to implement, and WHEREAS, certain other potentially incompatible land uses were omitted from the law's notification requirements. NOW THEREFORE BE IT RESOLVED, that the County of Harnett hereby requests the North Carolina General Assembly to adopt the following amendments to North Carolina Session Law 2004 -75: A. Delete the requirement for a "certified mail" notification to the military base commanders [ 152A -323 (b) and 160A -364 (b)J, and B. Include the additional requirement for base commanders "or their designees" to be notified of proposed subdivisions, telecom towers, and windmills or any other activity requiring a conditional or special use permit within the five -mile area. Adopted this 4th day of February, 2013 Chairman, Harnett County Board of Commissioners Harnett C O U N T Y PROCLAMATION HERB THOMAS DAY Agenda Item "i — WHEREAS, Herb Thomas, a HarnettCounty native, established himself as one of NASCAR's early greats; and WHEREAS, Thomas was the first driver to win two NASCAR premier series championships in 1951 and 1953; and WHEREAS, Thomas finished second in the points standings in 1952and 1954, giving the North Carolina veteran two championshipfinishes in four consecutive seasons; and WHEREAS, Thomas started in 230 NASCAR races in his career, winning 48 races and capturing 38 poles; and WHEREAS, Thomas finished within the top twoin the championship, inall but one season between 1951 and 1956; and WHEREAS, Thomas won the firstNASCAR Cup Series race at Harnett CountySpeedwayin 1953; and WHEREAS, Thomasranks 13th onthe NASCAR all time win list; and WHEREAS, among Thomas' 48 NASCAR wins were 15 victories in his home state ofNorth Carolina; and WHEREAS, in 1998, NASCAR named Thomas one of its 50 Greatest Drivers; and NOW, THEREFORE, we, the members of the Harnett CountyBoard of Commissioners, in honor of Herb Thomas' distinguished NASCAR career and induction to the NASCAR Hall of Fame in Charlotte, North Carolina, do hereby proclaim February 8, 2013, as "Herb Thomas Day". Adopted this 4th Day of February, 2013. HARNETT COUNTY BOARD OF COMMISSIONERS Jim Burgin, Chairman Gary House, Vice Chairman Joe Miller strong roots < new growth Beatrice B. Hill C. Gordon Springle harnett.org Gina Wheeler From: Sent: To: Subject: Attachments: Dodd, Eric [edodd@nascarcom] Tuesday, January 22, 2013 9:28 AM Gina Wheeler NASCAR Hall of Fame Proclamation Proclamation - NASCAR Herb Thomas.docx Importance: High Ms. Wheeler: Thanks again for your help with the NASCAR proclamation. Please find attached a document containing the suggested language for a proclamation honoring NASCAR Hall of Fame inductee Herb Thomas. Please let me know if you have any questions or if there is any assistance I can provide with the proclamation. Our induction ceremony is on February 8th, so we would need to have the proclamation before that date if at all possible. When completed, would you please have it mailed to the address below: Attn: Eric Dodd, Public Affairs International Motorsports Center One Daytona Blvd. Daytona Beach, FL 32114 Thank You, Eric Eric C. Dodd 1 Coordinator, Public Affairs 1 NASCAR One Daytona Boulevard 1 Daytona Beach, FL 32114 Office: (386) 681 -4376 1 NASCAR.COM edodd(anascar.com THINK BEFORE YOU PRINT - Please support NASCAR Green. This message contains confidential information and is intended only for the use of the person(s) named above. If you are not the intended recipient, any review, dissemination, distribution or duplication of this communication is strictly prohibited. In addition, please immediately contact the sender by reply e -mail and destroy all copies of the original message. E -mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e -mail transmission. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of NASCAR. NASCAR will not accept any liability as a result of such communication(s). No employee or agent is authorized to conclude any binding agreementonbehalfofNASCARwithanotherpartybye -mail. All agreements must be contained in a separate writing executed with an original non - electronic signature. Agenda Item 4 _ Board Meeting Agenda Item MEETING DATE: February 4, 2013 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Dunn Erwin Landfill Corrective Action Plan REQUESTED BY: Amanda Bader, County Engineer REQUEST: Request adoption of attached project ordinance for the Dunn Erwin Landfill Corrective Action Plan. The project includes a system for the collection of groundwater and leachate, a pump station and force main to convey groundwater and leachate to the Harnett County sewer system, convenience center improvements, and transfer station rehabilitation. The project is being funded through a special obligation bond. COUNTY MANAGER'S RECOMMENDATION: C:\ Users\ bblinson\AppData \Local\Microsoft\Windows \Temporary Internet Files\ Content. Outlook \1EAS44IB \agendaform2013 doc.doc 1 of 1 Page COUNTY OF HARNETT CAPITAL PROJECT ORDINANCE DUNN -ERWIN CORRECTIVE ACTION PROJECT BE IT ORDAINED by the Board of Commissioners of the County of Harnett, North Carolina, sitting as the governing board for Harnett County, that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. The project authorized is the construction of the Dunn -Erwin Corrective Action Project. The work includes a system for the collection of groundwater and leachate, a pump station and force main to convey groundwater and leachate to the Harnett County sewer system, convenience center improvements, and transfer station rehabilitation. Section 2. The officers of this unit are hereby directed to proceed with the capital project within the terms of the grant documents, loan documents, and the budget contained herein. Section 3. The following amounts are appropriated for the project: Construction Cost Estimate $1,306,030 Construction Contingency $130,600 Engineering $130,000 Geotechnical Services $20,000 Capital Outlay $30,000 Materials and Supplies $30,000 Legal & Administration $20,000 Survey $3,370 Issuance Cost $80,000 Total $1 ,750,000 Section 4. The following revenues are anticipated to be available to complete this project: Revenue Bonds $1,720,000 Grant- DENR 30,000 Total $1,750,000 Section S. The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial Page 1 of 2 status of each project element in Section 3 and on the total grant revenues received or claimed. Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this Board. Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Adopted this day of , 2013 ATTEST Margaret Regina Wheeler Clerk to the Board Jim Burgin, Chairman Harnett County Board of Commissioners Page 2of2 SEAL) Agenda Item 24 - Cy- BoardMeeting Agenda Item MEETING DATE: February 4, 2013 TO: HARNETT COUNTYBOARD OF COMMISSIONERS SUBJECT: Dunn Erwin Landfill Corrective Action Plan REQUESTED BY: Amanda Bader, CountyEngineer REQUEST: Request approval of the attached professional servicesagreementamendment with C.T. Clayton, Sr, P.E, Inc. These services include constructionadministration and engineering services for Dunn Erwin Corrective Action Projects. COUNTY MANAGER'S RECOMMENDATION: C:\ Users \bblinson\AppData \Local \Microsoft\Windows \Temporary Internet Files\ Content. Outlook \I EAS44IB \agendaform2013professional services.doc 1 of 1 Page Coc Clayton, Sr., PE, Inc. Civil & Environmental November 30, 2012 PN: 03002B Ms. Amanda Bader, PE, County Engineer Harnett County 102 East Front Street PO Box 759 Lillington, NC 27546 RE: Proposed Agreement for Construction Administration and Engineering Services Dunn Erwin Landfill Corrective Action Projects 1 & 2 via email) Dear Ms. Bader, We appreciate the opportunity to provide you with this proposed agreement for Construction Administration and Engineering Services for the DELF Corrective Action Project. The following Scope of Services and Fee are proposed for your review. SCOPE OF SERVICES Task 1 - Construction Services: Upon written authorization from the Owner, Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner's representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except when Engineer may otherwise agree in writing. All of Owner's instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth below. The furnishing of such RPR's services will not limit, extend, or modify Engineer's responsibilities or authority except as expressly set forth in the description below. Responsibilities of the RPR: a. General: RPR is Engineer's representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall 46 West Washington Street - Coats, North Carolina 27521 Phone: 910 - 897 -7070 - Fax: 910 - 897 -6767 Offices located in Coats and New Bern, North Carolina License No. C -2570 - www.ctclayton.com Ms. Amanda Bader, PEClayton, Sr., PE, Inc. DELF CAP Construction Admin & Engineering Services AgreementCivil & Environmental November 30, 2012 Page 2 of 16 generally communicate with Owner only with the knowledge of and under the direction of Engineer. b. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. c. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. d. Liaison: 1) Serve as Engineer's liaison with Contractor. Working principally through Contractor's authorized representative or designee, assist in providing information regarding the intent of the Contract Documents. 2) Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on -site operations. 3) Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. e. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. f. Shop Drawings and Samples: 1) Record date of receipt of Samples and approved Shop Drawings. 2) Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. 3) Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. g. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report such suggestions together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. h. Review of Work and Rejection of Defective Work: 1) Conduct on -site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 2) Report to Engineer whenever RPR believes that: a) any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents; b) or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents; c) or has been damaged; P: \003 Harnett County \030028 Corrective Action Plan CAP Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental j• Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 3 of 16 d) or does not meet the requirements of any inspection, test or approval required to be made. 3) Advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval.3 Inspections, Tests, and System Start -ups: 1) Consult with Engineer in advance of scheduled inspections, tests, and systems start -ups. 2) Verify that tests, equipment, and systems start -ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. 3) Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start -ups. 4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. Records: 1) Maintain at the Site or other designated place, orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all change orders, field orders, work change directives, addenda, additional Drawings issued subsequent to the execution of the Construction Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project - related documents. 2) Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of change orders, field orders, work change directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. 3) Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. 4) Maintain records for use in preparing Project documentation. 5) Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. k. Reports: 1) Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. 2) Draft and recommend to Engineer proposed change orders, work change directives, and field orders. Obtain backup material from Contractor. P: \003 Harnett County \030028 Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 4 of 16 3) Furnish to Engineer and Owner copies of all inspection, test, and system start -up reports. 4) Immediately notify Engineer of the occurrence of any Site accidents, emergencies, damage to property by fire or other causes, or the discovery of any Constituent of Concern. I. Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. m. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished byContractorareapplicabletotheitemsactuallyinstalledandinaccordancewiththe Contract Documents, and have these documents delivered to Engineer for review and forwarded to Owner prior to payment for that part of the Work. n. Completion: 1) Participate in visits to the Project to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. 2) Participate in a final visit to the Project in the company of Engineer, Owner, and Contractor, and prepare a final list of items to be completed and deficiencies to be remedied. 3) Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance of the Work. 3. Selecting Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in the Contract Documents. 4. Pre - Construction Conference: Participate in a Pre - Construction Conference prior to commencement of Work at the Site. 5. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer's judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction in connection with observations of Contractor's Work while it is in progress: P: \003 Harnett County \03002B Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN030028.docx Clayton, Sr., PE, Inc. Civil & Environmental Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 5 of 16 a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor's executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment, as assisted by the Resident Project Representative. Based on information obtained during such visits and observations, Engineer will determine in general whether the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Project construction, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor's Work in progress, supervise, direct, or have control over Contractor's Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the Work in accordance with the Contract Documents. 8. Defective Work: Reject Work if, on the basis of Engineer's observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. P: \003 Harnett County \030028 Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 6 of 16 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. 12. Substitutes and "or- equal ": Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor, but subject to the provisions of the Contract Documents. 13. Inspections and Tests: Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and show no partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment: Based on Engineer's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer's representation to Owner, based on such observations and review, that, to the best of Engineer's knowledge, information and belief, Contractor's Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), P: \003 Harnett County \03002B Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 7 of 16 and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe Contractor's Work. In the case of unit price work, Engineer's recommendations of payment will include final determinations of quantities and classifications of Contractor's Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor's Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor's Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the monies paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor's Completion Documents: Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. 17. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice that the Work is acceptable to the best of Engineer's knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. 19. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will P: \003 Harnett County \03002B Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx E/ Clayton, Sr., PE, Inc. Civil & Environmental Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 8 of 16 terminate upon written recommendation by Engineer for final payment to Contractors. Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. 20. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Task 2 - Design Services: Complete the design of the following for inclusion by Change Order to one of the two construction Contracts: 1. Generate a schematic layout and design for a DELF Trailer Parking Area Leachate Management Collection System (TRALMCS) for review and discussion with the Owner. 2. Upon approval of the schematic design, produce final design drawings and, as necessary, additional technical specifications of the TRALMCS. 3. Submit the final design drawings for the TRALMCS to the NCDENR Solid Waste Section for review and approval. 4. Upon approval, solicit pricing from current project contractors. Review the received pricing with the Owner and prepare a Change Order to include the Work in the current construction contracts. 5. Other Design Services: The Engineer shall be entitled to an equitable increase in compensation if design of additional facilities not listed above are requested by the Owner. Written authorization from the Owner of additions to the scope must be received prior to start of the additional Work. ASSUMPTIONS: C. T. Clayton, Sr., PE, Inc.'s (CTC) Scope of Services is based on the following assumptions and conditions: 1. CTC will communicate with all regulatory authorities on behalf of the Client, including representation at public presentations and board meetings necessary for the continuation of the project. 2. Access to the property will be provided. 3. All records pertaining to the property either are or will be available for research purposes. 4. Client Responsibility: The Client shall provide information to CTC in a timely manner as deemed necessary to complete the indicated Scope of Services. Such information shall include but not be limited to the following: P: \003 Harnett County \030026 Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 9 of 16 a. A central contact person for coordination purposes b. Access to personnel, records and documents pertaining to the property and its history c. Provide access for all locked gates, doors, etc. around the property necessary to complete the work d. Coordination of necessary easements with adjacent property owners for off -site grading, roadways, or utility tie -ins e. Any legal representation requiring an attorney FEE ESTIMATE: The fee for this project as identified in the Scope of Services shall be billed on a time and materials basis per the attached Schedule of Hourly Rates and Supplemental Charges. The total budget for this work is identified as $130,000. Should the amount billed increase to within 85% of the total budgeted amount, the Engineer will notify the Owner in writing of the following the amount of CA/Design Budget spent versus percentage of the construction completed. If this number is not in agreement, the Engineer and Owner will enter discussions of whether a change order to this contract is warranted. The scope of work can be revised at the client's request, which may increase or decrease the estimated fee. CONCLUSION C. T. Clayton Engineering appreciates this opportunity to present this agreement for services. I am available for further discussion concerning our proposal at your convenience. Please feel free to contact me at (910) 897 -7070 (office), (919) 795 -6302 (mobile), or at tvrusc ctclavton.com . Very truly yours, C. Tyrs Clayton, Jr., Vice President cc: file attachment: Standard Rate Schedule, Work Authorization, General Conditions P: \003 Harnett County \03002B Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 10 of 16 C.T. CLAYTON, SR., P.E., INC. Schedule of Hourly Rates and Supplemental Charges Per Diem Rates Classification (Fee /Hour) Senior Engineer $110.00 Senior Project Manager $100.00 Project Engineer /RPR $ 75.00 Engineering Technician/ CAD Tech II $ 68.00 CAD Technician I $ 50.00 Engineer Field Technician H $ 63.00 Engineer Field Technician I $ 55.00 Senior Survey Manager /Registered Surveyor $ 80.00 Survey Field Crew $110.00 Environmental Scientist $ 110.00 Administrative Assistant /Production Specialist $ 45.00 Mileage IRS Rate 8.5x11 B &W Copies $0.065/ea 8.5x11 Color Copies $0.10 /ea B &W Map Copies $1.00 /ea Color Map Copies $2.00 /ea Other Reimbursables Cost + 15 % Rates are applicable through July 1, 2013 P: \003 Harnett County \030028 Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 11 of 16 WORK AUTHORIZATION The attached General Conditions and the Schedule of Hourly Rates and Supplemental Charges are part of this agreement. This contract may be terminated by either party upon receipt of thirty (30) day's written notice. In addition, the contract may be terminated, after one (1) written warning, for any failure to conform to requirements as set forth in this contract and /or bid documents, which are included and shall be considered part of this contract. In that event, the obligation of either party hereunder may be terminated upon no less that ten (10) days written notice to the other party. Said notice shall be delivered by certified mail or in person. CLIENT: By: Name: Title: Address: Phone: THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIREDBYTHELOCALGOVERNMENTBUDGET AND FISCAL CO .'TROLACT NETT COUNTY FINANCE DIRECTOR P: \003 Harnett County \030028 Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx a/ Clayton, Sr., PE, Inc. Civil & Environmental Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 12 of 16 STANDARD GENERAL CONDITIONS Billing and Payment. Invoices will be submitted by C. T. Clayton, Sr., P.E. (the "Engineer ") to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Payment of each such invoice will be due within thirty (30) days from the date of the invoice. Any retainers shall be credited on the final invoice. a) Interest. A service charge will be added to delinquent accounts at 18 percent per annum (1.5 percent per month), except for disputed invoices with notice to Engineer within fifteen (15) days after receipt. b) Suspension of Services. If the Client fails to make any payment due the Engineer for services and expenses within thirty (30) days of the invoice date, the Engineer may, after giving seven 7) days' written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due for services and expenses. The Engineer shall have no liability whatsoever to the client for any costs or damages occurring as a result of such suspension caused by any such breach of this Agreement by Client. c) Collection Costs. In the event legal action is necessary to enforce the payment provisions of this Agreement, the Engineer shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by the Engineer in connection therewith as ordered by a North Carolina Court having jurisdiction of the issue. d) Termination of Services. If the Client fails to make payment to the Engineer in accordance with the payment terms herein without cause, this shall constitute a material breach of this Agreement and shall be cause for termination by the Engineer. Confidentiality. The Engineer agrees to keep confidential and not to disclose to any person or entity, other than the Engineer's employees, sub - consultants and the general contractor and subcontractors, if appropriate, any data and information not previously known to and generated by the Engineer or furnished to the Engineer and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Engineer from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Engineer to defend himself or herself from any suit or claim. The Client agrees that the technical methods, techniques and pricing information contained in any proposal submitted by the Engineer pertaining to this project or in this Agreement or any addendum thereto, are to be considered Public Record. Consequential Damages. Notwithstanding any other provision of the Agreement, neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party, regardless of the nature of this fault or whether it was committed by the Client or the Engineer, their employees, agents, sub - consultants or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. Non - Contingency. The Client acknowledges and agrees that the payment for services rendered and expenses incurred by the Engineer pursuant to this Agreement is not subject to any contingency unless the same is expressly set forth in this Agreement. Payments to the Engineer shall not be withheld, postponed or made contingent on the financing, construction, completion or success of the project or upon receipt by the Client of offsetting reimbursement or credit from other parties causing Additional Services or expenses. No withholdings, deductions or offsets shall be made from the Engineer's compen- sation for any reason unless the Engineer has been found to be legally liable for such amounts. Opinions of Cost. a) Since the Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be P: \003 Harnett County \03002B Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental rnade on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by the Client will be paid for as additional services hereunder by the Client. b) If a limit with respect to construction or other costs is established by written agreement between the Client and the Engineer, the following will apply: i) The acceptance by the Client at any time during the performance of services hereunder of a revised opinion of probable cost in excess of the then established cost limit will constitute a corresponding revision in the previously agreed cost limit to the extent indicated in such revised opinion. ii) Any cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. iii) The Engineer will be permitted to determine what materials, equipment, component systems and types of construction are to be included in the drawings and specifications prepared by it pursuant hereto and to make reasonable adjustments in the extent of the project to bring it within the cost limit. iv) If the bidding or negotiating phase of the project has not commenced within six months after completion of the Engineer's design hereunder, the established cost limit will not be binding on the Engineer, and the Client shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Engineer's design hereunder and the date on which proposals or bids are sought. v) If the lowest bona fide proposal or bid exceeds the established cost limit, the Client shall 1) give written approval to increase such cost limit, 2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 13 of 16 the project's extent or quality. In the case of (3), the Engineer shall, without additional charge, modify the plans and specifications prepared by it hereunder as necessary to bring the subject cost within cost limit. The providing of such service will be the limit of the Engineer's responsibility in this regard and having done so, the Engineer shall be entitled to payment for his services in accordance with this Agreement. Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, the Engineer shall provide a final statement of charges due and will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Engineer as a result of such termination. Reuse of Documents. All documents, including but not limited to drawings and specifications, prepared by the Engineer pursuant to this Agreement are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the Client or others on extensions of this project or on any other project. Any reuse without written verification or adaptation by the Engineer for specific purposes intended will be at the Client's sole risk and without liability or legal exposure to the Engineer; and the Client shall indemnify and hold the Engineer harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting therefrom. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer. Liability. The Engineer is protected by Workmen's Compensation Insurance (and /or employer's liability insurance), professional liability insurance, and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to hold the Client harmless from loss, damage, injury or liability arising directly from the negligent acts or omissions of the Engineer, its employees, agent, subcontractors and their employees and agents but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. P: \003 Harnett County \03002B Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental If the Client requires increased insurance coverage, the Engineer will, if specifically directed by the Client, take out additional insurance, if obtainable, at the Client's expense. Limitation of Liability. In performing its professional services hereunder, the Engineer will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder. It is agreed that, in accordance with and subject to the provisions of the foregoing paragraph (Liability), the Client will limit any and all liability, claim for damages, cost of defense, or expenses to be levied against the Engineer on account of any and all design defects, errors, omissions, and professional negligence to the amount of its policy limits under any policy or policies of professional liability insurance maintained by the Engineer. Under no circumstances shall the Engineer be liable for extra costs or other consequences due to changed conditions or for costs related to the failure of the contractor or material men to install work in accordance with the plans and specifications. The limitation of liability to the limits of the Engineer's insurance policy is a specifically bargained -for nrnvicion of this agreement, reflected in Engineer's sAc Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 14 of 16 Client initials Expenses of Litigation. In the event litigation in any way related to the services performed hereunder is initiated against the Engineer by the Client, its contractors, or subcontractors, and such litigation concludes with the entry of a final judgment favorable to the Engineer, the Client shall reimburse the Engineer for all of its reasonable attorneys' fees and other expenses related to said litigation. Controlling Law. This Agreement is to be governed by the law of the State of North Carolina. Binding Effect. This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. Merger; Amendment. This Agreement constitutes the entire agreement between the Engineer and the Client, and all negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and /or amended only by a written document executed by both the Engineer and the Client. Co- Ownership Of Instruments of Service. All reports, plans, specifications, field data, notes and other documents, including all documents on electronic media, prepared by the Engineer as instruments of service shall remain the property of the Engineer and the Client. The Engineer and Client shall retain all common law, statutory and other reserved rights, including the copyright thereto. Photographs. Photographs of any completed project embodying the services of the Engineer provided hereunder may be made by the Engineer and shall be considered as its property, and may be used by it for publication. Assignment. Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to fees that are due or fees that may be due) without the prior written consent of the other party. Archiving of Project Documentation: Engineer shall maintain copies of printed project documentation for a period of three years from substantial completion of Engineer's services. Engineer shall maintain copies of all electronic media related to the project for a period of one year from substantial completion of Engineer's services. Requests for reproduction of project documentation after these periods have expired will be considered additional services and will be invoiced hourly plus expenses at the Engineer's prevailing hourly rates at the time of the request. Betterment. If, due to the Engineer's error, any required item or component of the project is omitted from the Engineer's construction documents, the Engineer shall not be responsible for paying the cost to add such item or component to the extent that such item or component would have been otherwise necessary to the project or otherwise adds value or betterment to the project. In no event will the Engineer be responsible for any cost or expense that provides betterment, upgrade or enhancement of the project. P: \003 Harnett County \030026 Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx 4 Clayton, Sr., PE, Inc. Civil & Environmental CAD Files. Because data stored on electronic media can deteriorate undetected or be modified without the Engineer's knowledge, the Client agrees that it will accept responsibility for the completeness, correctness, or readability of any electronic media delivered to the Client after an acceptance period of 30 days after delivery of the electronic files, and that upon the expiration of this acceptance period, client will indemnify and save harmless the Engineer from any and all claims, losses, costs, damages, awards or judgments arising from use of the electronic media files or output generated from them. The Engineer agrees that it is responsible only for the printed and sealed drawings and documents, and when there is a conflict between these printed documents and the electronic media, the sealed documents will govern. Engineer makes no warranties, express or implied, under this agreement or otherwise, in connection with the Engineer's services. Certifications, Guarantees and Warranties. The Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer's having to certify, guarantee or warrant the existence of conditions whose existence the Engineer cannot ascertain. The Client also agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer's signing any such certification. Corporate Protection. It is intended by the parties to this Agreement that the Engineer's services in connection with the project shall not subject the Engineer's individual employees, officers or directors to any personal legal exposure for the risks associ- ated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and /or asserted only against the Engineer and C. T. Clayton Sr., Inc., a North Carolina corporation, and not against any of the Engineer's employees, officers or directors. Extension of Protection. The Client agrees to extend any and all liability limitations and indemnifications provided by the Client to the Engineer. Job -Site Safety. Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her employees and sub - consultants at a construction site, shall relieve the General Contractor Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November 30, 2012 Page 15 of 16 and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Engineer and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the General Contractor is solely responsible for job -site safety, and warrants that this intent shall be made evident in the Client's agreement with the General Contractor. The Client also agrees that the Client, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. Scope of Services. Services not set forth as Basic Services or Additional Services and listed in this Agreement are excluded from the scope of the Engineer's services and the Engineer assumes no responsibility to perform such services. Severability and Survival Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provi- sions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and the Engineer shall survive the completion of the services hereunder and the termination of this Agreement. Shop Drawing Review. If included in the scope of services to be provided, the Engineer shall review and approve Contractor submittals, such as shop drawings, product data, samples and other data, as required by the Engineer, but only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or con- struction safety precautions, all of which are the sole responsibility of the Contractor. The Engineer's review shall be conducted with reasonable promptness while P: \003 Harnett County \03002B Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Clayton, Sr., PE, Inc. Civil & Environmental allowing sufficient time in the Engineer's judgment to permit adequate review. Review of a specific item shall not indicate that the Engineer has reviewed the entire assembly of which the item is a component. The Engineer shall not be responsible for any deviations from the contract documents not brought to the attention of the Engineer in writing by the Contractor. The Engineer shall not be required to review partial submissions or those for which submissions of correlated items have not been received. Specification of Materials The Client understands and agrees that products or building materials which are permissible under current building codes and ordinances may, at some future date, be banned or limited in use in the construction industry because of presently unknown hazardous characteristics. The Engineer shall endeavor, during the term of this Agreement, to inform the Client of any product or material specified for this project which the Engineer becomes aware is a known or suspected health or safety hazard. The Client agrees that if the Client directs the Engineer to specify any product or material, after the Engineer has informed the Client that such product or material may not be suitable or may embody characteristics that are suspected of causing or may cause the product or material to be considered a hazardous substance in the future, the Client waives all claims as a result thereof against the Engineer. The Client further agrees that if any product or material specified for this project by the Engineer shall, at any future date be suspected or discovered to be a health or safety hazard, then the Client shall waive all claims as a result thereof against the Engineer. Standard of Care. Services provided by the Engineer under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Suspension of Services. If the project is suspended for more than thirty (30) calendar days in the aggregate, the Engineer shall be compensated for services performed and charges incurred prior to receipt of notice to suspend and, upon resumption, an equitable adjustment in fees to accommodate the resulting demobilization and re- mobilization costs. In addition, there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension. If the project is suspended for more than Ms. Amanda Bader, PE DELF CAP Construction Admin & Engineering Services Agreement November30, 2012 Page 16 of 16 ninety (90) calendar days in the aggregate, the Engineer may, at his or her option, terminate this Agreement upon giving notice in writing to the Client. Unauthorized Changes to Documents. In the event the Client consents to, allows, authorizes or approves of changes to any plans, specifications , construction documents or electronic media, and these changes are not approved in writing by the Engineer, the Client recognizes that such changes and the results thereof are not the responsibility of the Engineer. Therefore, the Client agrees to release the Engineer from any liability arising from the construction, use or result of such changes. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) arising from such changes, except only those damages, liabilities and costs arising from the sole negligence or willful misconduct of the Engineer. Compensation for Additional Services. The undertaking of the Engineer to perform professional services under this Agreement extends only to those services specifically described herein. If upon the request of the Client, the Engineer agrees to perform additional services hereunder, the Client and the Engineer shall negotiate and agree upon an additional fee to be paid to the Engineer for completion of the agreed upon Additional Services. The Engineer will be under no obligation to begin or complete requested Additional Services until the additional fee has been negotiated and authorized in writing by the Client. Hourly Billing Rates. All services to be billed on an hourly basis under this agreement will be billed using the Engineer's prevailing billing rate schedule at the time services are provided. If a specific rate schedule is to be used for this Agreement, it shall expire no later than one year from the date of this Agreement and will be replaced with the prevailingratescheduleineffectatthattime. Fee. The fee for this project shall not exceed the amount(s) stated in the proposal, without prior authorization by the Client. P: \003 Harnett County \03002B Corrective Action Plan CAP \Engineering Agreement \AGR 12 1130 Bader -DELF CAP CA &Design - CTC Jr PN03002B.docx Board Meeting Agenda Item Agenda Item 4-- — 1`7 Feb. 4,20.13 MEETING DATE: Pick a_ to TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: REQUEST PERMISSION TO APPLY FOR GRANT REQUESTED BY: Tyrone L Fisher, County Extension Director REQUEST: The Harnett County Cooperative Extension requests permission to apply for the Family Support Program Services funding through the North Carolina Department of Health and Human Services' Division of Social Services to expand the outreach of the Parents as Teachers program as well as conduct a series of Incredible Years programs. COUNTY MANAGER'S RECOMMENDATION: hcfile2 \Coopusers\tvest \My Documents \Commissioners Agenda Requests \agendaform20111 June 22 2011 request permission to continue grant.doc Page 1 of 1 The North Carolina Department of Health and Human Services' Division of Social Services is pleased to announce the availability of Family Support Program Services funding. The term of any resulting contract is anticipated to be for three years, from July 1, 2013 until June 30, 2016. The US Department of Health and Human Services, Administration for Children and Families authorizes funding for grants under this announcement. The Request for Application (RFA) is available on the web at: http:;` /www.ncdhhs.g1ovidssloubnoticei . Please feel free to forward to anyone you think might be interested in this RFA. PURPOSE OF REQUEST The North Carolina Department of Health and Human Services (NCDHHS), through the Division of Social Services (NCDSS), is seeking proposals from qualified responders to develop, operate and /or expand community- based, family support and respite programs to reduce the risk of child abuse and neglect by promoting protective factors that strengthen and support families. Responders will demonstrate the capacity to achieve positive outcomes for children and families in communities with high rates of child maltreatment and /or other risk indicators associated with the incidence of child maltreatment. The North Carolina Family Support and Respite program helps to advance the NCDHHS' vision: All North Carolinians will enjoy optimal health and well - being. The Division of Social Services anticipates awarding $3,000,000 for family support program services in SFY 2014 to community -based organizations. During the overall three -year grant cycle from July 1, 2013 until June 30, 2016, NC DSS expects to award approximately 9,000,000 for family support services. Contract renewal will be required for SFY 2015 and 2016 and will be based on availability of funding, contractor performance, and contractual compliance DESCRIPTION The North Carolina Family Support Program Services applicants need to meet all of the following nine requirements: 1. Provide services based on the Principles of Family Support Practice. 2. Demonstrate a commitment to meaningful parent engagement and leadership opportunities. 3. Demonstrate collaborative relationships with community partners in the prevention of child abuse and neglect. 4. Implement Primary and/or Secondary prevention services. 5. Serve target populations most at risk of child abuse or neglect. 6. Recruit children and families to participate voluntarily. 7. Promote one or more of the five protective factors linked to lower incidence of child abuse and neglect. 8. Provide a service or implement a program that demonstrates an acceptable level of evidence -based or evidence informed practice. 80% of available funds will be granted to agencies implementing one or more of the following programs: o Incredible Years Pre - School BASIC Parent Program for parents of children 3 -6 o Incredible Years School -Age BASIC Parent Program for parents of children 6 -12 o Strengthening Families Program for parents of children 6 -11 o Circle of Parents 20% of available funds will be granted to agencies implementing evidence - based, evidence - informed family support models and activities not listed in the 80% category above. Applicants may request up to $125,000 per award. Individual agencies may apply for one grant in the 80% category and /or one grant in the 20% category. 9. Use outcome accountability and evaluation tools that demonstrate positive outcomes for children and families. ELIGIBILITY Any tribal government, community— based, public or private nonprofit, tax - exempt organization including faith - based), school system or local government agency that is duly incorporated and registered under North Carolina Statutes is eligible to apply. It is important that the proposed project does not overlap with existing programs in the county. KEY DATES Technical Assistance Webinar: NCDSS will sponsor a technical assistance webinar to discuss the application in greater detail onJanuary 18, 2013 from 9 am to 10:30 am. The webinar link can be accessed through the following web link: https:// dss.ncgovconnect.com /r61908527/ . The webinar is recommended, but not required. Letter of Intent: It is highly recommended that all agencies considering applying for these funds submit a letter of intent by email to Deborah Day at deborah.dav@dhhs.nc.gov. Please submit signed letter of intent by January 22, 2013 on agency letterhead. It should include the following info' Illation: Legal name of the agency or organization; Mailing address, phone number, and fax number of the agency or organization; Intent to respond to this RFA; Name ofthe proposed program or practice to be delivered; County or counties to be served; and Name, title, and email address of the person who will coordinate application submission. Questions: Agencies may submit questions regarding the RFA by January 25, 2013 by 5:00 pm to Deborah Day atdeborah.dav!w dhhs.nc.aov. Questions shall only be accepted via email. Answers to all questions received will be posted on the NCDSS public notice site http: / /www.ncdhhs.gov /dss /pubnotice/ by January 30, 2013. Number of Copies: One complete original application including a signed cover letter on agency letterhead and signed certifications and three additional complete application copies are required. DEADLINE FOR SUBMISSION NC Family Support Program Services Applications are due by February 11, 2013 by 5:00 pm. Late applications will not be accepted and faxed applications will not be accepted. FOR FURTHER INFORMATION: Please contact: Deborah Day, Family Support Program Consultant at: NC Division of Social Services 325 N. Salisbury Street Mail Service Center 2410 Raleigh, NC 27699 -2410 919) 334-1157 deborah. day@dhhs.nc. gov. Agenda Item 6 February 4, 2013 APPOINTMENTS NEEDED AIRPORT COMMITTEE Ben Slaughter has expressed interest in being reappointed to serve on this committee. BOARD OF ADJUSTMENT Scott Tripp is requested an exception to the three term limit. His third term expires in September 2013 and he is requesting to be allowed to serve at least one more additional term. BOARD OF EQUALIZATION AND REVIEW, Robert Doberstein, Joe Miriello, Howard Penny, Jr. and Carnell Robinson have expressed interest in being reappointed to serve on this Board. Their terms expire February 28, 2013. We also have a vacancy on this Board for District 4. DANGEROUS DOG COMMITTEE We have a vacancy on this committee that will need to be filled by an attorney in the county. This vacancy was posted in the Dunn Daily Record on February 24, 2012. HARNETT COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES, We have a vacancy for an at -large member on this board. HARNETT NURSING HOME COMMUNITY ADVISORY COMMITTEE, We need members on this committee. Members do receive mileage reimbursement as claimed. HISTORIC PROPERTIES COMMISSION We currently have a vacancy for a regular member in District 5. JOHNSTON- LEE- HARNETT COMMUNITY ACTION INC. Staff would like to recommend the reappointment of Ms. Ursela McLean on their Board of Directors MID- CAROLINA AGING ADVISORY COMMITTEE, We have three vacancies on this committee. Members do receive mileage reimbursement as claimed. Page 1 - Appointments Gina Wheeler From: Sent: To: Co: Subject: Teresa Byrd Wednesday, January 30, 2013 3:40 PM Gina Wheeler Mark Locklear FW: Board of Adjustment term this R ` +. `s"Jee .. From: Scott Tripp [ p' °'ft,: Sent: Monday, January 21, 2013 4:31 PM To: Teresa Byrd Subject: Board of Adjustment term Hey Teresa, I am writing to you because this is the last year of my third term with the Board of Adjustments. While this last year has been quite challenging for the BOA, I continue to enjoy serving the county in this capacity. I would like to ask the county for an exception to the three term limit and allow me to serve at least one more term. I appreciate you help in this matter and If I need to make my case before the County Commissioners myself, I welcome the opportunity. Thanks, 1 blinsfau-Ictim,Parittff Gituttuxtifg. rfuu, slur. MAIN OFFICE Phone 919 - 934 -2145 Fax 919 - 934 -6231 Post Office Drawer 711 1102 Massey Street Smithfield, NC 27577 LEE COUNTY OFFICE Phone 919 - 776 -0746 Fax 919 - 774 -1867 Post Office Box 1061 225 S. Steele Street Sanford, NC 27330 January 18, 2013 Gina Wheeler, Clerk to the Board Harnett County Board of Commissioners P.O. Box 759 Lillington, N.C. 27546 Dear Ms. Wheeler: HARNETT COUNTY OFFICE Phone 910 - 814 -8360 Fax 910 - 814 -8362 Post Office Box 40 745 Shawtown Rd., Suite A Lillington, NC 27546 -0040 Harnett County Commissioner representative Ursela McLean's term will expire on February 28, 2013. Johnston - Lee - Harnett Community Action, Inc. would like to recommend the reappointment of Ms. McLean to our Board of Directors. We thank you for the representation on our governing board and trust that it will continue this year. If you have any questions, please don't hesitate to contact me. EMW /dw Sincerely, E. Marie Watson Executive Director UJa AN EQUAL OPPORTUNITY EMPLOYER UNITED WAY AGENCY Agenda Item December 11, 2012 Mr_ Ricky Teinple RLT ConstrUction Company 111 Tasha Lane Fuquay-Varina, North Carolina 27526 Re: Invoice: Professional Services Inspection Site Inspection Erwin 2" Water Line Erwin; Harnett County North Carolina EA Project.# 2012-046.1 Dear Mr. Temple, Ed Aguirre & Associates, Inc. (EA) appreciates the opportunity to provide you with our professional services for the above referenced. The dMount of this invoice is $950.00. Please remit payment to our Raleigh North Carolina mailing address: Ed Aguirre & Asscieiates, Inc. 1300 C Corporation Parkway Raleigh,,Nortli Carolina 27610 If you have any questions concerning this invoice or require further assistance do not hesitate to contact our office at (919) 605 4435 or at egaguirre@txlaguirre.coin EIN Of 5,6-2111346 Terms: tzet 30 dayr; ] .5% thereaftar (li% 021nuallY) PY 703 Kimbrough Street Raleigh, NC 27608 • Tel: (919) 605-4435 802 Keswick Road Colonial Heights, VA 23834 • www.edaguirre.com 12-20-2012 14:19 PAGE2 IRR ASSOCIATES, INC. December 11, 2012 Mr. Ricky Temple RLT Construction Company 111 Tasha Lane Fuquay- Varina, North Carolina 27526 Re: Site Inspection Services Erwin 3" Water line E Street @ 9tn Street Erwin, Harnett County, North Carolina EA Project # 2012 -048 Dear Mr. Temple, Ed Aguirre & Associates, Inc. (EA) appreciates the opportunity to provide you with our professional services at the above referenced site. At your request EA has inspected a 3" steel water line section obtained and cut from E Street @ 9th Street, Erwin, Harnett County, North Carolina. The interior of the pipe was covered with a hard oxidized scale material. EA removed the scale from the inside of the pipe section. A total of 1.5 pounds of scale was removed from a 2 foot water line section. The scale appears to be an accumulation of oxidized metals and sludge. (See attached photograph) The scale was collected in accordance with EPA Protocol, placed in laboratory prepared containers, packed in ice and transported under chain of custody to an EPA/NC certified for analysis. The sample was analyzed for Full TCLP for metals, volatile organic compounds, semi - volatile compounds, pesticides, herbicides by EPA Methods 7470A, 6010B, 8260B, 8270C, 8081A, and 8151A respectively. The results of the laboratory results indicate below detection limits for toxic constituents. Laboratory analytical results are attached. If you have any questions concerning this information or require further assistance, do not hesitate to contact our office at (919) 605 -4435 or via e -mail at egaguirre @edaguirre.com Sincerely, Ed Aguirre & Associates, Inc. Edward G. Aguirre, P. President 703 Kimbrough Street c Raleigh, NC 27608 e Tel: (919) 605 -4435 802 Keswick Road c Colonial heights, VA 23834 Q www.edaguirre.corn Photo # 1 View 2' Water Line ESC L•A•B S•C•I•E.N•C E•B YOUR iiAE q.. I E: 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1- 800-767 -5859 Fax (615) 758 -5859 Tax I.D. 62- 0814289 Est. 1970 Mr. Ed Aguirre Ed Aguirre & Associates 4501 New Bern Ave, Ste 130, # 348 Raleigh, NC 27610 -1550 Report Summary Monday December 10, 2012 Report Number: L608275 Samples Received: 11/29/12 Client Project: 2012 -048 Description: Erwin Water Line The analytical results in this report are based upon information supplied by you, the client, and are for your exclusive use. If you have any questions regarding this data package, please do not hesitate to call. Entire Report Reviewed By: Laboratory Certification Numbers A2LA - 1461 -01, AIHA - 100 FL - E87487, GA - 923, IN NC - ENV375 /DW21704 /BI0041 SC - 84004, TN - 2006, VA MN - 047 - 999 -395, NY - 117 TX - T104704245 -11 -3, OK - 1;; 14.4...4. 410111! T. Alan Harvill , ESC Representative 789, AL - 40660, CA - 01157CA, CT - PH -0197 C- TN -01, KY - 90010, KYUST - 0016, ND - R -140. NJ - TN002, NJ NELAP - TN002, 460132, WV - 233, AZ - 0612, 42, WI - 998093910, NV - TN000032011 -1, 9915, PA - 68- 02979, IA Lab #364 Accreditation is only applicable to the test methods specified on each scope of accreditation held by ESC Lab Sciences. Note: The use of the preparatory EPA Method 3511 is not approved or endorsed by the CA ELAP. This report may not be reproduced, except in full, without written approval from ESC Lab Sciences. Where applicable, sampling conducted by ESC is performed per guidance provided in laboratory standard operating procedures: 060302, 060303, and 060304. Page 1 of 13 ESC L•A.e s.C'(•E•N'C'E•B le'OuR;i. AS OF CHO1CG.; Mr. Ed Aguirre Ed Aguirre & Associates 4501 New Bern Ave, Ste 130, # 348 Raleigh, NC 27610 -1550 Date Received Description Sample ID Collected By • Collection Date : Parameter TCLP Extraction Mercury Arsenic Barium Cadmium Chromium Lead Selenium Silver November 29, 2012 Erwin Water Line S #1 Edward G. Aguirre 11/28/12 10:00 TCLP ZHE Extraction TCLP Volatiles Benzene Carbon tetrachloride Chlorobenzene Chloroform 1,2- Dichloroethane 1,1- Dichloroethene 2- Butanone (MEK) Tetrachloroethene Trichloroethene Vinyl chloride Surrogate Recovery Toluene -d8 Dibromofluoromethane a, a, a- Trifluorotoluene 4- Bromofluorobenzene TCLP Pesticides Chlordane Endrin Heptachlor Liridane Methoxychlor Toxaphene Surrogate Recovery Decachlorobiphenyl Tetrachloro- m- xylene TCLP Herbicides REPORT OF ANALYSIS 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1 -800 -767 -5859 Fax (615) 758 -5859 Tax I.D. 62- 0814289 Est. 1970 December 10,2012 ESC Sample # : L608275 -01 Site ID : ERWIN, NC Project : 2012 -048 Result Det. Limit Units Limit Method Date /Time By Dil 1311 12/01/12 0723 MVE 1 BDL 0.0010 mg /1 0.20 7470A 12/02/12 0911 CDC 1 BDL 0.050 mg /1 5.0 6010B 12/02/12 1353 ALT 1 BDL 0.15 mg /1 100 6010E 12/02/12 1353 ALT 1 BDL 0.050 mg /1 1.0 6010B 12/02/12 1353 ALT 1 BDL 0.050 mg /1 5.0 6010B 12/02/12 1353 ALT 1 BDL 0.050 mg /1 5.0 6010B 12/02/12 1353 ALT 1 BDL 0.050 mg /1 1.0 6010B 12/02/12 1353 ALT 1 BDL 0.050 mg /1 5.0 6010B 12/02/12 1353 ALT 1 1311 12/01/12 0730 MVE 1 BDL 0.050 mg /1 0.50 8260B 12/02/12 0034 JMM 1 BDL 0.050 mg /1 0.50 8260E 12/02/12 0034 JMM 1 BDL 0.050 mg /1 100 82605 12/02/12 0034 JMM 1 BDL 0.25 mg /1 6.0 8260B 12/02/12 0034 JMM 1 BDL 0.050 mg /1 0.50 8260B 12/02/12 0034 JMM 1 BDL 0.050 mg /1 0.70 8260B 12/02/12 0034 JMM 1 BDL 0.50 mg /1 200 8260B 12/02/12 0034 JMM 1 BDL 0.050 mg /1 0.70 8260B 12/02/12 0034 JMM 1 BDL 0.050 mg /1 0.50 8260B 12/02/12 0034 JMM 1 BDL 0.050 mg /1 0.20 8260B 12/02/12 0034 JMM 1 101. 5 Rec. 114. 8260B 12/02/12 0034 JMM 1 97.5 5 Rec. 125. 8260B 12/02/12 0034 JMM 1 102. 5 Rec. 114. 8260B 12/02/12 0034 JMM 1 92.0 °s Rec. 128. 8260B 12/02/12 0034 JMM 1 BDL 0.0050 mg /1 0.030 8081A 12/07/12 1636 CBB 1 BDL 0.0050 mg /1 0.020 8081A 12/07/12 1636 CBB 1 BDL 0.0050 mg /1 0.0080 8081A 12/07/12 1636 CBB 1 BDL 0.0050 mg /1 0.40 8081A 12/07/12 1636 CBB 1 BDL 0.0050 mg /1 10. 8081A 12/07/12 1636 CBB 1 BDL 0.010 mg /1 0.50 8081A 12/07/12 1636 CBB 1 75.9 6 Rec. 123. 8081A 12/07/12 1636 CBB 1 63.5 5 Rec. 114. 8081A 12/07/12 1636 CBB 1 Page 2 of 13 ESC L •A•B s•C•I•E•N•C•E•S CE Mr. Ed Aguirre Ed Aguirre & Associates 4501 New Bern Ave, Ste 130, # 348 Raleigh, NC 27610 -1550 Date Received Description Sample ID Collected By . Collection Date : Parameter November 29, 2012 Erwin Water Line S #1 Edward G. Aguirre 11/28/12 10:00 2,4,5 -TP (Silvex) 2,4 -D Surrogate Recovery 2,4- Dichlorophenyl Acetic Acid TCLP Semi - Volatiles 1,4- Dichlorobenzene 2,4- Dinitrotoluene Hexachlorobenzene Hexachloro -1,3- butadiene Hexachloroethane Nitrobenzene Pyridine 3 &4- Methyl Phenol 2- Methylphenol Pentachlorophenol 2,4,5 - Trichlorophenol 2,4,6 - Trichlorophenol Surrogate Recovery 2- Fluorophenol Phenol -d5 Nitrobenzene -d5 2- Fluorobiphenyl 2,4,6- Tribromophenol p- Terphenyl -d14 REPORT OF ANALYSIS Result BDL BDL 79.8 12065 Lebanon Rd. Mt, Juliet, TN 37122 615) 758 -5858 1 -600- 767 -5859 Fax (615) 75B -5859 Tax I.D. 62- 0814289 Est. 1970 December 10,2 012 ESC Sample # : L608275 -01 Site ID : ERWIN, NC Project : 2012 -048 Det. Limit Units Limit Method Date /Time By Dil 0.0020 mg /1 1.0 8151A 12/07/12 0044 KLM 1 0.0020 mg /1 10. 8151A 12/07/12 0044 KLM 1 Rec. 8151A 12/07/12 0044 KLM 1 BDL 0.10 mg /1 7.5 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 0.13 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 0.13 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 0.50 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 3.0 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 2.0 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 5.0 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 400 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 200 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 100 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 400 8270C 12/05/12 1327 ADF 1 BDL 0.10 mg /1 2.0 8270C 12/05/12 1327 ADF 1 21.5 % Rec. 87.0 8270C 12/05/12 1327 ADF 1 11.1 % Rec. 67.0 8270C 12/05/12 1327 ADF 1 53.5 % Rec. 120. 8270C 12/05/12 1327 ADF 1 53.5 % Rec. 122. 8270C 12/05/12 1327 ADF 1 53.2 % Rec. 148. 82700 12/05/12 1327 ADF 1 54.4 % Rec. 149. 8270C 12/05/12 1327 ADF 1 BDL - Below Detection Limit Det. Limit - Estimated Quantitation Limit(EQL) Limit - Maximum Contaminant Level as established by the US EPA Note: The reported analytical results relate only to the sample submitted. This report shall not be reproduced, except in full, without the written approval from ESC. Reported: 12/10/12 16:52 Printed: 12/10/12 16:53 Page 3 of 13 Sample Work Number Group L608275 -01 Attachment A List of Analytes with QC Qualifiers Sample Type Analyte WG625745 SAMP Carbon tetrachloride WG625745 SAMP Chloroform WG625745 SAMP 1,1- Dichloroethene WG625745 SAMP 2- Butanone (MEK) WG625745 SAMP Vinyl chloride Run ID Qualifier R2462377 J3 R2462377 J3 R2462377 J3 R2462377 J3 R2462377 J3 Page 4 of 13 Attachment B Explanation of QC Qualifier Codes Qualifier Meaning J3 The associated batch QC was outside the established quality control range for precision. Qualifier Report Information ESC utilizes sample and result qualifiers as set forth by the EPA Contract Laboratory Program and as required by most certifying bodies including NELAC. In addition to the EPA qualifiers adopted by ESC, we have implemented ESC qualifiers to provide more information pertaining to our analytical results. Each qualifier is designated in the qualifier explanation as either EPA or ESC. Data qualifiers are intended to provide the ESC client with more detailed information concerning the potential bias of reported data. Because of the wide range of constituents and variety of matrices incorporated by most EPA methods,it is common for some compounds to fall outside of established ranges. These exceptions are evaluated and all reported data is valid and useable unless qualified as 'R' (Rejected)." Definitions Accuracy - The relationship of the observed value of a known sample to the true value of a known sample. Represented by percent recovery and relevant to samples such as: control samples, matrix spike recoveries, surrogate recoveries, etc. Precision - The agreement between a set of samples or between duplicate samples. Relates to how close together the results are and is represented by Relative Percent Differrence. Surrogate - Organic compounds that are similar in chemical composition, extraction, and chromotography to analytes of interest. The surrogates are used to determine the probable response of the group of analytes that are chem- ically related to the surrogate compound. Surrogates are added to the sample and carried through all stages of preparation and analyses. TIC - Tentatively Identified Compound: Compounds detected in samples that are not target compounds, internal standards, system monitoring compounds, or surrogates. Page 5 of 13 Summary of Remarks For Samples Printed 12/10/12 at 16:53:14 TSR Signing Reports: 350 R5 - Desired TAT DO NOT APPROVE without accounting's OK Paperless client; Shipping = $40 Sample: L608275 -01 Account: AGUIRE Received: 11/29/12 09:00 Due Date: 12/10/12 00:00 RPT Date: 12/10/12 16:52 ESC L•A•B s•C•1•E•N•C•E•5 XOUR. AB '• Ed Aguirre & Associates Mr. Ed Aguirre 4501 New Bern Ave, Ste 130, ii 348 Quality Assurance Report Level II Raleigh, NC 27610 -1550 December 10, 2012 L608275 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1- 800 -767 -5859 Fax (615) 758 -5859 Tax I.D. 62- 0814289 Est. 1970 Analyte Mercury Laboratory Blank Result Units % Rec Limit Batch Date Analyzed 001 mg /1 WG625793 12/02/12 08:40 Arsenic < .05 mg /1 WG625843 12/02/12 13:18 Barium < .15 mg /1 W0625843 12/02/12 13:18 Cadmium < .05 mg /1 WG625843 12/02/12 13:18 Chromium < .05 mg /1 WG625843 12/02/12 13:18 Lead c .05 mg /1 WG625843 12/02/12 13:18 Selenium < .05 mg /1 WG625843 12/02/12 13:18 Silver < .05 mg /1 WG625843 12/02/12 13:18 1,1- Dichloroethene < .05 mg /1 W0625745 12 /01/12 23:10 1,2- Dichloroethane < .05 mg /1 WG625745 12/01/12 23:10 2- Butanone (MEK) < .5 mg /1 WG625745 12/01/12 23:10 Benzene c .05 mg /1 WG625745 12/01/12 23:10 Carbon tetrachloride < .05 mg /1 WG625745 12/01/12 23:10 Chlorobenzene c .05 mg /1 WG625745 12/01/12 23:10 Chloroform < .25 mg /1 WG625745 12/01/12 23:10 Tetrachloroethene c .05 mg /1 WG625745 12/01/12 23:10 Trichloroethene < .05 mg /1 WG625745 12/01/12 23:10 Vinyl chloride c .05 mg /1 W0625745 12/01/12 23:10 4- Bromofluorobenzene % Rec. 93.81 82 -120 WG625745 12/01/12 23:10 Dibromofluoromethane % Rec. 101.2 82 -126 WG625745 12/01/12 23:10 Toluene -d8 % Rec. 102.5 92 -112 WG625745 12/01/12 23:10 a, a,a- Trifluorotoluene % Rec. 98.92 90 -116 WG625745 12/01/12 23:10 1,4- Dichlorobenzene < .1 mg /1 WG625876 12/05/12 13:04 2,4,5-Trichlorophenol < .1 mg /1 W0625876 12/05/12 13:04 2,4,6- Trichlorophenol < .1 mg /1 WG625876 12/05/12 13:04 2,4-Dinitrotoluene < .1 mg /1 WG625876 12/05/12 13:04 2- Methylphenol < .1 mg /1 WG625876 12/05/12 13:04 3 &4- Methyl Phenol < .1 mg /1 WG625876 12/05/12 13:04 Hexachloro -1,3- butadiene < .1 mg /1 WG625876 12/05/12 13:04 Hexachlorobenzene < .1 mg /1 WG625876 12/05/12 13:04 Hexachloroethane < .1 mg /1 WG625876 12/05/12 13 :04 Nitrobenzene c .1 mg /1 WG625876 12/05/12 13:04 Pentachlorophenol < .1 mg /1 W0625876 12/05/12 13:04 Pyridine < .1 mg /1 W0625876 12/05/12 13:04 2,4,6 - Tribromophenol % Rec. 66.00 16 -147 WG625876 12/05/12 13:04 2-Fluorobiphenyl % Rec. 62.90 29 -127 WG625876 12/05/12 13:04 2- Fluorophenol % Rec. 43.90 10 -75 WG625876 12/05/12 13:04 Nitrobenzene -d5 % Rec. 60.90 17 -119 WG625876 12/05/12 13:04 Phenol -d5 % Rec. 34.80 10 -63 WG625876 12/05/12 13:04 p- Terphenyl -d14 % Rec. 59.80 40 -174 WG625876 12/05/12 13:04 Chlordane < .005 mg/1 WG626619 12/07/12 11:23 Endrin < .005 mg /1 WG626619 12/07/12 11:23 Lindane < .005 mg /1 WG626619 12/07/12 11:23 Heptachlor < .005 mg /1 WG626619 12/07/12 11:23 Methoxychlor < .005 mg /1 WG626619 12/07/12 11:23 Toxaphene < .005 mg /1 WG626619 12/07/12 11:23 Decachlorobiphenyl % Rec. 79.20 10 -123 WG626619 12/07/12 11:23 Tetrachloro- m- xylene % Rec. 67.60 15 -114 W0626619 12/07/12 11:23 2,4,5-TP ( Silvex) < .002 mg /1 Performance of this Analyte is outside of established criteria. For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.' Page 6 of 13 WG626247 12/06/12 23:53 ESC L•A•E S•C•I•E•N•CE•S OICE Ed Aguirre & Associates Mr. Ed Aguirre 4501 New Bern Ave, Ste 130, # 348 Quality Assurance Report Level II Raleigh, NC 27610 -1550 L608275 Laboratory Blank Analyte Result Units % Rec 2,4 -D 2,4- Dichlorophenyl Acetic Acid Analyte Mercury Limit 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1 -800- 767 -5859 Fax (615) 758 -5859 Tax I.D. 62- 0814289 Est. 1970 December 10, 2012 Batch Date Analyzed 002 mg /1 WG626247 12/06/12 23:53 Rec. 83.70 45.6 -117 WG626247 12/06/12 23:53 Duplicate Units Result Duplicate RPD Limit Ref Samp Batch mg /1 0 0.0000185 11.8 20 L608365 -01 WG625793 Arsenic mg /1 0 0 0 20 L608437 -02 WG625843 Barium mg /1 0.940 0.940 0 20 L608437 -02 WG625843 Cadmium mg /1 0 0 0 20 L608437 -02 WG625843 Chromium mg /1 0 0 0 20 L608437 -02 WG625843 Lead mg /1 0 0 0 20 1,608437 -02 WG625843 Selenium mg /1 0 0 0 20 L608437 -02 WG625843 Silver mg /1 0 0 0 20 L608437 -02 WG625843 Laboratory Control Sample Analyte Units Known Val Result % Rec Limit Batch Mercury mg /1 .003 0.00308 103. 85 -115 WG625793 Arsenic mg /1 1.11 1.16 105. 85 -115 WG625843 Barium mg /1 1.11 1.13 102. 85-115 WG625843 Cadmium mg /1 1.11 1.10 99.1 85-115 WG625843 Chromium mg /1 1.11 1.13 102. 85 -115 WG625843 Lead mg /1 1.11 1.15 104. 85 -115 WG625843 Selenium mg /1 1.11 1.19 107. 85-115 WG625843 Silver mg /1 1.11 1.13 102. 85 -115 WG625843 1,1- Dichloroethene mg /1 .025 0.0218 87.3 54 -134 WG625745 1,2- Dichloroethane mg /1 .025 0.0237 94.7 69 -128 WG625745 2- Butanone (MEK) mg /1 .125 0.156 125. 58 -144 WG625745 Benzene mg /1 .025 0.0223 89.1 72 -119 WG625745 Carbon tetrachloride mg /1 .025 0.0221 88.5 63 -129 WG625745 Chlorobenzene mg /1 .025 0.0225 90.0 78 -123 WG625745 Chloroform mg /1 .025 0.0230 92.0 76 -122 WG625745 Tetrachloroethene mg /1 .025 0.0227 90.7 69 -131 WG625745 Trichloroethene mg /1 .025 0.0233 93.3 75 -121 WG625745 Vinyl chloride mg /1 .025 0.0240 95.9 55 -142 WG625745 4-Bromofluorobenzene 88.09 82 -120 WG625745 Dibromofluoromethane 103.2 82 -126 WG625745 Toluene -d8 102.1 92 -112 WG625745 a,a,a-Trifluorotoluene 98.39 90 -116 WG625745 1,4- Dichlorobenzene mg /1 .01 0.00341 34.1 15 -129 WG625876 2,4,5-Trichlorophenol mg /1 .01 0.00422 42.2 12 -154 WG625876 2,4,6- Trichlorophenol mg /1 .01 0.00439 43.9 12 -147 WG625876 2,4- Dinitrotoluene mg /1 .01 0.00421 42.1 30 -168 WG625876 2- Methylphenol mg /1 .01 0.00392 39.2 19 -122 WG625876 3 &4- Methyl Phenol mg /1 .01 0.00450 45.0 11 -132 WG625876 Hexachloro -1,3- butadiene mg /1 .01 0.00405 40.5 18 -136 WG625876 Hexachlorobenzene mg /1 .01 0.00417 41.7 38 -163 WG625876 Hexachloroethane mg /1 .01 0.00375 37.5 10 -130 WG625876 Nitrobenzene mg /1 .01 0.00428 42.8 22 -154 WG625876 Pentachlorophenol mg /1 .01 0.00290 29.0 10 -128 WG625876 Performance of this Analyte is outside of established criteria. For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.' Page 7 of 13 L•A• B ESC s•C• I•E•N•C•E•s H ;p I CE Ed Aguirre & Associates Mr. Ed Aguirre 4501 New Bern Ave, Ste 130, # 348 Raleigh, NC 27610 -1550 Quality Assurance Report Level II L608275 Laboratory Control Sample Analyte Units Known Val Result Rec Pyridine mg /1 .01 0.00276 27.6 2,4,6 - Tribromophenol 47.40 2- Fluorobiphenyl 47.10 2- Fluorophenol 32.70 Nitrobenzene -d5 47.50 Phenol -d5 25.00 p- Terphenyl -d14 45.30 Endrin mg /1 .0002 0.000144 72.2 Lindane mg /1 .0002 0.000137 68.7 Heptachlor mg /1 .0002 0.000143 71.3 Methoxychlor mg /1 .0002 0.000174 86.8 Decachlorobiphenyl 71.20 Tetrachloro- m- xylene 67.60 2,4,5 -TP (Silvex) mg /1 .005 0.00447 89.3 2,4 -D mg /1 .005 0.00406 81.2 2,4- Dichlorophenyl Acetic Acid 107.1 _ Laboratory Control Sample Duplicate Analyte Units Result Ref %Rec Limit 1,1-Dichloroethene mg /1 0.0237 0.0218 95.0 54 -134 1,2- Dichloroethane mg /1 0.0255 0.0237 102. 69 -128 2- Butanone (MEK) mg /1 0.154 0.156 123. 58 -144 Benzene mg /1 0.0242 0.0223 97.0 72-119 Carbon tetrachloride mg /1 0.0241 0.0221 96.0 63 -129 Chlorobenzene mg /1 0.0245 0.0225 98.0 78 -123 Chloroform mg /1 0.0252 0.0230 101. 76 -122 Tetrachloroethene mg /1 0.0249 0.0227 99.0 69 -131 Trichloroethene mg /1 0.0249 0.0233 100. 75 -121 Vinyl chloride mg /1 0.0258 0.0240 103. 55 -142 4- Bromofluorobenzene 86.91 82 -120 Dibromofluoromethane 103.4 82 -126 Toluene -d8 100.4 92 -112 a,a,a- Trifluorotoluene 97.15 90 -116 1,4- Dichlorobenzene mg /1 0.00426 0.00341 43.0 15 -129 2,4,5 - Trichlorophenol mg /1 0.00584 0.00422 58.0 12 -154 2,4,6 - Trichlorophenol mg /1 0.00566 0.00439 56.0 12 -147 2,4- Dinitrotoluene mg /1 0.00485 0.00421 48.0 30 -168 2- Methylphenol mg /1 0.00402 0.00392 40.0 19 -122 3 &4- Methyl Phenol mg /1 0.00456 0.00450 46.0 11 -132 Hexachloro -1,3- butadiene mg /1 0.00502 0.00405 50.0 18 -136 Hexachlorobenzene mg /1 0.00564 0.00417 56.0 38 -163 Hexachloroethane mg /1 0.00432 0.00375 43.0 10 -130 Nitrobenzene mg /1 0.00545 0.00428 54.0 22 -154 Pentachlorophenol mg /1 0.00341 0.00290 34.0 10 -128 Pyridine mg /1 0.00327 0.00276 33.0 10 -74 2,4,6 - Tribromophenol 60.20 16 -147 2- Fluorobiphenyl 59.90 29 -127 2- Fluorophenol 38.80 10 -75 Nitrobenzene -d5 60.30 17 -119 Phenol -d5 25.40 10 -63 p- Terphenyl -d14 54.60 40 -174 Performance of this Analyte is outside of established criteria. For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.' Page 8 of 13 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1 -800- 767 -5859 Fax (615) 758 -5859 Tax I.D. 62- 0814289 Est. 1970 December 10, 2012 Limit Batch 10 -74 WG625876 16 -147 WG625876 29 -127 WG625876 10 -75 WG625876 17 -119 WG625876 10 -63 WG625876 40 -174 WG625876 60 -123 35 -114 10 -131 66 -122 10 -123 15 -114 WG626619 WG626619 WG626619 WG626619 WG626619 WG626619 53.6 -122 WG626247 47.4 -113 WG626247 45.6 -117 WG626247 RPD Limit Batch 8.37 20 WG625745 7.30 20 WG625745 1.43 20 WG625745 8.15 20 WG625745 8.38 20 WG625745 B.53 20 WG625745 9.22 20 WG625745 9.16 20 WG625745 6.74 20 WG625745 7.41 20 WG625745 WG625745 WG625745 WG625745 WG625745 22.3 25 WG625876 32.2* 27 WG625876 25.2 29 WG625876 14.2 20 WG625876 2.54 20 WG625876 1.23 20 WG625876 21.5 22 WG625876 29.9* 20 WG625876 14.2 25 WG625876 24.2* 20 WG625876 16.1 40 WG625876 17.0 36 WG625876 WG625876 WG625876 WG625876 WG625876 WG625876 WG625876 ESC i•A•B 5•C- I•E,ht•C•E•B Ed Aguirre & Associates Mr. Ed Aguirre 4501 New Bern Ave, Ste 130, Raleigh, NC 27610 -1550 Analyte 6 348 Quality Assurance Report Level II L608275 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1 -800- 767 -5859 Fax (615) 758 -5859 Tax I.D. 62- 0814289 Est. 1970 December 10, 2012 Laboratory Control Sample Duplicate Units Result Ref %Rec Limit RPD Limit Batch Endrin mg /1 0.000143 0.000144 72.0 60 -123 0.910 20 WG626619 Lindane mg /1 0.000138 0.000137 69.0 35 -114 0.780 30 WG626619 Heptachlor mg /1 0.000144 0.000143 72.0 10 -131 0.920 28 80626619 Methoxychlor mg /1 0.000177 0.000174 88.0 66 -122 1.76 20 WG626619 Decachlorobiphenyl 72.00 10 -123 WG626619 Tetrachloro- m- xylene 67.50 15 -114 WG626619 2,4,5 -TP ( Silvex) 2,4 -D 2,4- Dichlorophenyl Acetic Acid Analyte mg /1 0.00384 0.00447 77.0 53.6 -122 15.1 20 WG626247 mg /1 0.00390 0.00406 78.0 47.4 -113 4.05 20 WG626247 104.8 45.6 -117 WG626247 Matrix Spike Units MS Res Ref Res TV % Rec Limit Ref Samp Batch Mercury mg /1 0.00304 0.0000185 .003 101. 80 -120 L608365 -01 WG625793 Mercury mg /1 0.00315 0.0000278 .003 104. 80 -120 L608373 -02 80625793 Arsenic mg /1 1.14 0 1.11 103. 75 -125 L608437 -02 WG625843 Barium mg /1 2.06 0.940 1.11 101. 75 -125 L608437 -02 WG625843 Cadmium mg /1 1.10 0 1.11 99.1 75 -125 L608437 -02 WG625843 Chromium mg /1 1.13 0 1.11 102. 75 -125 L608437 -02 W0625843 Lead mg /1 1.11 0 1.11 100. 75 -125 0608437 -02 WG625843 Selenium mg /1 1.22 0 1.11 110. 75-125 0608437 -02 80625843 Silver mg /1 1.15 0 1.11 104. 75 -125 L608437 -02 WG625843 1,1- Dichloroethene mg /1 0.957 0 1.25 76.6 32 -152 L608275 -01 WG625745 1,2- Dichloroethane mg /1 1.09 0 1.25 87.0 59 -135 L608275 -01 WG625745 2- Butanone (MBE) m9/1 3.99 0 6.25 63.8 51 -149 L608275 -01 80625745 Benzene mg /1 0.990 0 1.25 79.2 51 -134 L608275 -01 WG625745 Carbon tetrachloride mg /1 0.932 0 1.25 74.5 49 -140 L608275 -01 WG625745 Chlorobenzene mg /1 1.06 0 1.25 85.1 69 -126 L608275 -01 W0625745 Chloroform mg /1 1.04 0 1.25 82.9 64 -130 0608275 -01 80625745 Tetrachloroethene mg /1 1.03 0 1.25 82.3 56 -139 L608275 -01 W0625745 Trichloroethene mg /1 1.03 0 1.25 82.3 40 -155 L608275 -01 80625745 Vinyl chloride mg /1 1.07 0 1.25 85.6 32 -159 L608275 -01 WG625745 4- Bromofluorobenzene 89.35 82 -120 WG625745 Dibromofluoromethane 99.01 82 -126 WG625745 Toluene -d8 100.2 92 -112 8G625745 a,a,a- Trifluorotoluene 98.79 90 -116 WG625745 1,1- Dichloroethene mg /1 0.906 0 1.25 72.5 32 -152 L608398 -02 WG625745 1,2- Dichloroethane mg /1 1.03 0 1.25 82.1 59 -135 0608398 -02 WG625745 2- Butanone (MEK) mg /1 9.31 5.40 6.25 62.6 51 -149 L608398 -02 WG625745 Benzene mg /1 0.962 0 1.25 76.9 51 -134 L608398 -02 WG625745 Carbon tetrachloride mg /1 0.887 0 1.25 70.9 49 -140 L608398 -02 WG625745 Chlorobenzene mg /1 1.07 0 1.25 85.2 69 -126 L608398 -02 WG625745 Chloroform mg /1 0.965 0 1.25 77.2 64 -130 L608398 -02 WG625745 Tetrachloroethene mg /1 1.01 0 1.25 80.9 56 -139 L608398 -02 WG625745 Trichloroethene mg /1 1.00 0 1.25 80.1 40-155 L608398 -02 80625745 Vinyl chloride mg /1 1.01 0 1.25 80.6 32 -159 L608398 -02 WG625745 4- Bromofluorobenzene 94.21 82 -120 WG625745 Dibromofluoromethane 96.31 82 -126 WG625745 Toluene -d8 102.0 92 -112 WG625745 a,a,a- Trifluorotoluene 98.51 90 -116 WG625745 Performance of this Analyte is outside of established criteria. For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.' Page 9 of 13 A. OF CHOICE:. ESC LA' 6 S•C•I•E•N•C•E•S Ed Aguirre & Associates Mr. Ed Aguirre 4501 New Bern Ave, Ste 130, # 348 Raleigh, NC 27610 -1550 Analyte Quality Assurance Report Level II L608275 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1 -800- 767 -5859 Fax (615) 758 -5859 Tax I.D. 62- 0814289 Est. 1970 December 10, 2012 Matrix Spike Units MS Res Ref Res TV % Rec Limit Ref Samp Batch 1,4-Dichlorobenzene mg /1 0.0584 0 .1 58.4 28-95 1608275 -01 WG625876 2,4,5 - Trichlorophenol mg /1 0.0752 0 .1 75.2 27 -143 L608275 -01 WG625876 2,4,6 - Trichlorophenol mg /1 0.0776 0 .1 77.6 14 -145 L608275 -01 WG625876 2,4- Dinitrotoluene mg /1 0.0696 0 .1 69.6 48 -133 L608275 -01 80625876 2- Methylphenol mg /1 0.0363 0 .1 36.3 10 -104 L608275 -01 WG625876 3 &4- Methyl Phenol mg /1 0.0346 0 .1 34.6 10 -136 L608275 -01 80625876 Hexachloro -1,3- butadiene mg /1 0.0650 0 .1 65.0 32-120 L608275 -01 WG625876 Hexachlorobenzene mg /1 0.0709 0 .1 70.9 48 -126 L608275 -01 80625876 Hexachloroethane mg /1 0.0549 0 .1 54.9 10 -121 L608275 -01 80625876 Nitrobenzene mg /1 0.0746 0 .1 74.6 36 -110 L608275 -01 WG625876 Pentachlorophenol mg /1 0.0595 0 .1 59.5 10 -152 L608275 -01 WG625876 Pyridine mg /1 0.0318 0 .1 31.8 10 -64 L608275 -01 WG625876 2,4,6 - Tribromophenol 82.70 16 -147 WG625876 2- Fluorobiphenyl 75.80 29 -127 WG625876 2- Fluorophenol 27.40 10 -75 WG625876 Nitrobenzene -d5 73.30 17 -119 80625876 Phenol -d5 14.50 10 -63 WG625876 p- Terphenyl -d14 76.00 40-174 WG625876 Endrin mg /1 0.00138 0 .002 68.8 36 -135 L608275 -01 80625619 Lindane mg /1 0.00123 0 .002 61.4 35 -114 L608275 -01 50625619 Heptachlor mg /1 0.00126 0 .002 63.2 10 -165 L608275 -01 8G526619 Methoxychlor mg /1 0.00161 0 .002 80.6 10 -147 L608275 -01 80626619 Decachlorobiphenyl 53.40 10 -123 WG626619 Tetrachloro- m- xylene 57.80 15-114 80626619 2,4,5 -TP ( Silvex) mg /1 0.0599 0 .05 120. 33 -134 L608665 -01 WG626247 2,4 -0) mg /1 0.0407 0 .05 81.3 24 -127 L608665 -01 WG626247 2,4- Dichlorophenyl Acetic Acid 109.0 45.6 -117 WG626247 Matrix Spike Duplicate Analyte Units MSD Ref %Rec Limit RPD _ Limit Ref Samp Hatch Mercury Mercury mg /1 0.00314 0.00304 104. mg /1 0.00321 0.00315 106. 80 -120 3.12 20 L608365 -01 80625793 80 -120 2.12 20 L608373 -02 WG625793 Arsenic mg /1 1.13 1.14 102. 75 -125 0.881 20 L608437 -02 WG625843 Barium mg /1 2.01 2.06 96.4 75 -125 2.46 20 L608437 -02 WG625843 Cadmium mg /1 1.07 1.10 96.4 75 -125 2.76 20 L608437 -02 WG625843 Chromium mg /1 1.10 1.13 99.1 75 -125 2.69 20 L608437 -02 WG625843 Lead mg /1 1.09 1.11 98.2 75 -125 1.82 20 1608437 -02 80625843 Selenium mg /1 1.20 1.22 108. 75 -125 1.65 20 L608437 -02 WG625843 Silver mg /1 1.11 1.15 100. 75 -125 3.54 20 L608437 -02 80625843 1,1- Dichloroethene mg /1 1.19 0.957 95.5 32 -152 22.D* 20 L608275 -01 WG625745 1,2- Dichloroethane mg /1 1.33 1.09 106. 59 -135 19.6 20 L608275 -01 WG625745 2- Butanone (MEK) mg /1 5.03 3.99 80.4 51 -149 23.0* 22 L608275 -01 WG625745 Benzene mg /1 1.21 0.990 96.6 51-134 19.9 20 L608275 -01 W0625745 Carbon tetrachloride mg /1 1.15 0.932 91.8 49 -140 20.8* 20 L608275 -01 WG625745 Chlorobenzene mg /1 1.26 1.06 101. 69 -126 16.7 20 L608275 -01 WG625745 Chloroform mg /1 1.27 1.04 102. 64 -130 20.3* 20 1608275 -01 WG625745 Tetrachloroethene mg /1 1.22 1.03 97.7 56 -139 17.2 20 L608275 -01 WG625745 Trichloroethene mg /1 1.22 1.03 97.8 40 -155 17.2 20 L608275 -01 WG625745 Vinyl chloride mg /1 1.33 1.07 106. 32 -159 21.4* 21 L608275-01 WG625745 4- Bromofluorobenzene 89.53 82 -120 WG625745 Performance of this Analyte is outside of established criteria. For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.' Page 10 of 13 ESC L•A•6 5•G•1•E•N•C•E•S IC Ed Aguirre & Associates Mr. Ed Aguirre 4501 New Bern Ave, Ste 130, # 348 Raleigh, NC 27610 -1550 Analyte Quality Assurance Report Level II L608275 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1- 800- 767 -5859 Fax (615) 758 -5859 Tax I.D, 62- 0814289 Est. 1970 December 10, 2012 Matrix Spike Duplicate Units MSD Ref %Rec Limit RPD Limit Ref Samp Batch Dibromofluoromethane 103.1 82 -126 Toluene -d8 101.1 92 -112 a, a,a- Trifluorotoluene 97.85 90 -116 1,1- Dichloroethene mg /1 1.25 0.906 100. 32 -152 32.2* 20 L608398 -02 WG625745 1,2- Dichloroethane mg /1 1.37 1.03 110. 59 -135 29.0* 20 L608398 -02 WG625745 2- Butanone (FEE mg /1 12.5 9.31 114. 51 -149 29.2* 22 L608398 -02 WG625745 Benzene mg /1 1.32 0.962 105. 51 -134 31.1* 20 L608398 -02 WG625745 Carbon tetrachloride mg /1 1.22 0.887 97.8 49 -140 31.8* 20 L608398 -02 WG625745 Chlorobenzene mg /1 1.41 1.07 113. 69 -126 27.9* 20 L608398 -02 WG625745 Chloroform mg /1 1.32 0.965 106. 64 -130 31.2* 20 L608398 -02 WG625745 Tetrachloroethene mg /1 1.34 1.01 107. 56 -139 27.8* 20 L608398 -02 WG625745 Trichloroethene mg /1 1.35 1.00 108. 40 -155 30.0* 20 L608398 -02 WG625745 Vinyl chloride mg /1 1.37 1.01 110. 32 -159 30.6* 21 L608398 -02 WG625745 4- Bromofluorobenzene 94.48 82 -120 WG625745 Dibromofluoromethane 100.6 82 -126 WG625745 Toluene -d8 103.3 92 -112 WG625745 a,a,a- Trifluorotoluene 98.56 90 -116 WG625745 1,4- Dichlorobenzene mg /1 0.0519 0.0584 51.9 28 -95 11.8 30 1,608275 -01 WG625876 2,4,5 - Trichlorophenol mg /1 0.0747 0.0752 74.7 27 -143 0.640 34 L608275 -01 WG625876 2,4,6 - Trichlorophenol mg /1 0.0719 0.0776 71.9 14 -145 7.56 39 L608275 -01 WG625876 2,4- Din1troto1uene mg /1 0.0671 0.0696 67.1 48 -133 3.62 21 L608275 -01 50625876 2- Methylphenol mg /1 0.0347 0.0363 34.7 10 -104 4.52 39 L608275 -01 WG625876 3 &4- Methyl Phenol mg /1 0.0344 0.0346 34.4 10 -136 0.630 29 0.608275 -01 WG625876 Hexachloro -1,3- butadiene mg /1 0.0574 0.0650 57.4 32 -120 12.4 24 L608275 -01 WG625876 Hexachlorobenzene mg /1 0.0660 0.0709 66.0 48-126 7.21 20 L608275 -01 WG625876 Hexachloroethane mg /1 0.0523 0.0549 52.3 10 -121 4.94 31 L608275 -01 50625876 Nitrobenzene mg /1 0.0659 0.0746 65.9 36 -110 12.3 24 L608275 -01 WG625876 Pentachlorophenol mg /1 0.0553 0.0595 55.3 10-152 7.34 40 L608275 -01 WG625876 Pyridine mg /1 0.0371 0.0318 37.0 10 -64 15.4 40 L608275 -01 WG625876 2,4,6- Tribromophenol 74.60 16 -147 WG625876 2- Fluorobiphenyl 77.80 29 -127 WG625876 2- Fluorophenol 24.30 10 -75 WG625876 Nitrobenzene -d5 71.10 17 -119 WG625876 Phenol -d5 13.80 10 -63 WG625876 p- Terphenyl -d14 69.10 40 -174 50625876 Endrin mg /1 0 00142 0.00138 71.1 36 -135 3.31 26 L608275 -01 WG626619 Lindane mg /1 0 00134 0.00123 67.0 35 -114 8.63 30 L608275 -01 WG626619 Heptachlor mg /1 0 00134 0.00126 67.2 10 -165 6.11 39 L608275 -01 WG626619 Methoxychlor mg /1 0 00152 0.00161 75.8 10 -147 6.08 40 L608275 -01 WG626619 Decachlorobiphenyl 75.00 10 -123 WG626619 Tetrachloro- m- xylene 63.20 15 -114 WG626619 2,4,5 -TP (Silvex) 2,4 -D 2,4- Dichlorophenyl Acetic Acid mg /1 0.0505 0.0599 101. 33 -134 17.0 30 L608665 -01 WG626247 mg /1 0.0407 0.0407 81.4 24 -127 0.140 27 L608665 -01 WG626247 106.0 45.6 -117 WG626247 Serial Dilution Batch number /Run number / Sample number cross reference Performance of this Analyte is outside of established criteria. For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.' Page 11 of 13 ESC L•A•B 5•C•I•E•N•C•E•5 YOUR, LA= •., ' HQICEi! Ed Aguirre & Associates Mr, Ed Aguirre 4501 New Bern Ave, Ste 130, # 348 Quality Assurance Report Level II Raleigh, NC 27610 -1550 December 10, 2012 L608275 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1 -800- 767 -5859 Fax (615) 758 -5859 Tax I.D. 62- 0814289 Est. '970 WG625793: R2461799: L608275 -01 W0625843: R2462080: L608275 -01 WG625588: R2462278: L608275 -01 WG625668: R2462280: L608275 -01 WG625745: R2462377: L608275 -01 W0625876: R2467541: L608275 -01 50626619: R2468860: L608275 -01 WG626247: R2471117: L608275 -01 Calculations are performed prior to rounding of reported values. Performance of this Analyte is outside of established criteria. For additional information, please see Attachment A 'List of Analytes with QC Qualifiers.' Page 12 of 13 ESC L.A./3 S.C•)•E•N•C•E•S OF CHOICE' + +. Ed Aguirre & Associates Mr. Ed Aguirre 4 501 New Bern Ave, Ste 130, # 348 Quality Assurance Report Level II Raleigh, NC 27610 -1550 December 10, 2012 L608275 12065 Lebanon Rd. Mt. Juliet, TN 37122 615) 758 -5858 1 -800- 767 -5859 Fax (615) 758 -5859 Tax I.D. 62- 0814289 Est. 1970 The data package includes a summary of the analytic results of the quality control samples required by the SW -846 or CWA methods. The quality control samples include a method blank, a laboratory control sample, and the matrix spike /matrix spike duplicate analysis. If a target parameter is outside the method limits, every sample that is effected is flagged with the appropriate qualifier in Appendix B of the analytic report. Method Blank - an aliquot of reagent water carried through the entire analytic process. The method blank results indicate if any possible contamination exposure during the sample handling, digestion or extraction process, and analysis. Concentrations of target analytes above the reporting limit in the method blank are qualified with the "B" qualifier. Laboratory Control Sample - is a sample of known concentration that is carried through the digestion /extraction and analysis process. The percent recovery, expressed as a percentage of the theoretical concentration, has statistical control limits indicating that the analytic process is "in control ". If a target analyte is outside the control limits for the laboratory control sample or any other control sample, the parameter is flagged with a "J4" qualifier for all effected samples. Matrix Spike and Matrix Spike Duplicate - is two aliquots of an environmental sample that is spiked with known concentrations of target analytes. The percent recovery of the target analytes also has statistical control limits. If any recoveries that are outside the method control limits, the sample that was selected for matrix spike /matrix spike duplicate analysis is flagged with either a "J5" or a "J6 ". The relative percent difference (°%RPD) between the matrix spike and the matrix spike duplicate recoveries is all calculated. If the RPD is above the method limit, the effected samples are flagged with a "J3" qualifier. Pro‘ ect 0- kotts., Oite) 500969v 7 , C 501:. 00, 1540. 6901., - ...,, by-. ,, . ,.,,-- ;., Lab MUST be Notfied) SaM 00cio e 001. ..... . 2000/ 0 Next Day . ..... .. 1 NO ......... 50% 41\ fiatxtx. SS- SoAIScOo G\ N- Gcounclwaterr 4 7 yl,!"