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HomeMy WebLinkAbout06201980 (2)4 PUBLIC HEARING REVENUE SHARING OPEN CLOSED BOARD OF EDUCATION HIGH SCHOOL ATHLE- TICS AND VOCATIONAL PROGRAMS BUDGET ORDINANCE Board of Commissioners did leave it up to the Board of Education's own discretion as to which line item they wished to allocate these funds, with one exception- -the Harnett County Board of Commissioners did request the .Board of Education to maintain funds in the amount of $26,041 for ,the High Schools Athletics Program. The Commissione continued to explain that the Board of Education must have felt that an increase in the teachers supplement was one of its lower priorities thereby cutting it to $75 plus 10% = $82.50 per teacher. The Commissioners explained to Mr. Anderson that they always remember the persons on fixed income when_they consider the tax leaey; unfortunately, no matter what levy they set it will always be difficult for the persons on fixed income. The the for Board again expressed their appreciation to Mr. Anderson interest he had shown in Harnett County and its proposed the F.Y. 1980 -81. for budget Dot Goetz, Children's Librarian with the Harnett County Library appeared before the Board and expressed her thanks to the Board of Commissioners for considering the continuation of the LSCA pro- gram for the FY 1980 -81. After everyone present had an opportunity to speak on the budget, Mr. Alphin declared the budget hearing closed at 10:40 a.m. At 10:41 a.m., Mr. Alphin declared the public hearing on the revenue sharing budget for the FY 1980 -81 open and invited anyone present who wished to speak on the budget to feel free to do so at this time. No one appeared before the Board to speak on the revenue sharing budget for the F.Y. 1980 -81, therefore, Chairman Jesse Alphin declared the public hearing on the revenue sharing budget closed at 10:45 a.m. The Board of Commissioners reconvened into regular session. Commissioner Collins made a motion that the Board of Education, maintain the funds appropriated for the high school athletics and vocational programs in their budget for the F.Y. 1980 -81 and that these funds be used solely for the purpose indicated, Commissioner Stewart seconded the motion and the issue carried. Upon motion of Commissioner Brock, seconded by Commissioner Collins, the following budget ordinance for the FY 1980 -81 was unanimously adopted: BUDGET ORDINANCE BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina: Section 1. The following amounts are hereby appropriated in the General Fund for the operation of the county government and its activities for the fiscal year beginning July 1, 1980, and ending June 30, 1981, in accordance with the chart of accounts heretofore established for this county: Governing Body Administration Elections Finance Tax Listing Tax Collections Register of Deeds Public Buildings Sheriff's Department Emergency Management Fire Department Inspections Central Maintenance Contingency Fund Human Resources Sanitation Landfill Health Family Planning Maternal & Child Health WIC Tuberculosis Control Title III, Chronic Disease Chronic Disease - State Coroner Agric. Extension 50,480. 57,356. 34,200. 59,132. 108,880. 68,541. 79,691. 194,696. 796,124. 33,290. 31,000. 77,708. 38,648. 50,000. 1,123,685. 312,720. 382,074. 84,201. 71,511. 44,949. 21,370. 18,951. 7,421. 12,300. 92,014. Veterans' Service Office Social Services Parks & Recreation Industrial Commission Library Ambulance Service Airport Non - Departmental Special Appropriations 14,850. 1,229,088. 138,460. 51,852. 106,980. 199,468. 548,500. 301,500. 5,071,812. Section 2. The appropriations to the Board of Education shall be made from any funds which are dedicated to the use of the schools from general count revenues to the extent necessary. All projects using county money shall be approved by the Harnett County Board of Commissioners. Section 3. It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 1980, and ending June 30, 1981: Section 4. for purposes con 1980, and ending Current Year's Property Tax 5,360,470. Prior Years Taxes 140,000. Animal Taxes 9,000. Tax Penalties & Interest 55,000. Licenses 2,500. Intergovernmental Revenue 3,369,260. Other Revenues 2,554,100. Fund Balance Appropriated 5,952. Less Refunds & Releases 12,000. 11,484,282. The following amounts are sistent with the revaluing July 30, 1981: Revaluation Fund hereby appropriated in the Revaluation Fund of property in Harnett County beginning July 1, 10,000. Section 5. It is estimated that the following revenues will be available in the Revaluation Fund for the fiscal year beginning July 1, 1980, and ending June 30, 1981: Contribution from General Fund 10,000. Section 6. The following amounts are hereby appropriated in the Revenue Sharing Fund for purposes consistent with Federal Law and Regulation for the fiscal year begin- ning July 1, 1980, and ending June 30, 1981: Contribution to General Fund 413,900. Section 7. It is estimated that the following revenues will be available in the Revenue Sharing Fund for the fiscal year beginning July 1, 1980, and ending June 30, 1981: Interest on Investments Revenue Sharing Grants Fund Balance Appropriated 5,000. 358,900. 50,000. 413,900. Section 8. The following amounts are hereby appropriated in the Debt Service Fund for the payment of principal and interest on the outstanding debt of the county, and the expenses relating thereto for the fiscal year beginning July 1, 1980, and ending June 30, 1981: Bond Principal Bond Interest Bond Service Charge 100,000. 500. 200. 100,700. Section 9. It is estimated that the following revenues will be available in the Debt Service fund for the fiscal year beginning July 1, 1980, and ending June 30, 1981: Contribution from General Fund 100,700. Section 10. There is hereby levied a tax at the rate of Eighty Nine Cents ($.89) per one hundred dollar ($100) valuation of property listed for taxes as of January 1, 1980, for the purpose of raising the revenue listed as "Current Years Property Taxes" in the General Fund in Section 3 of this ordinance. This rate of tax is based on an estimated total valuation of property for the purpose of taxation $634,000,000 and an estimated collection rate of 95 percent. The estimated rate of collection is based on the prior years collections of approximately 95 percent. Section 11. The Budget Officer is hereby authorized to transfer appropriations within a fund as contained herein under the following conditions: a. He may transfer amounts up to $500 between objects of expenditures within a department with an official report on such transfer at the 440 next regular meeting of the Board of Coxmuisaioners. b. He may not transfer between departments of the same fund. c. He may not transfer any amount between funds nor from any contingency appropriation within any fund. Section 12. There is hereby levied a tax at the rate of six cents (6q) per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 1980, located within the Special Averasboro School District for the raising of revenue for said Special School District. This rate of tax is based on an estimated total valuation of property for the purposes Of taxation of $13,000,000 and an estimated collection rate of approximately 95 percent. There .israppropriated to the Special Averasboro School District the sum of $72,000 for use by the Special School District in such manner and for such expenditures as is permitted by law from the proceeds of this tax and any other reve- nues otherwise accruing to `said Special School District. Section 13. There is hereby levied the following tax rated per hundred dollar ($100) valuation of property listed for taxes as of January 1, 1980, located within the Special Fire Districts, for the raising of revenues for said Special Fire Dis- tricts, as follows: Anderson Creek Fire District Angier Black River Emergency Ambulance Black River Fire District Buies Creek Fire District Erwin Fire District Flat Branch Fire District Flatwoods Fire District Grove Fire District Northern Harnett Rescue District Spout Springs Fire District Sunmerville Fire District & Rescue Fifteen Cents Thirteen Cents Ten Cents Ten Cents Seven Cents Fifteen Cents Fifteen Cents Twelve Cents Three Cents Fifteen Cents Thirteen Cents 15Q 13c 10Q 10t 7Q 15C 15Q. 12e 3C 15C 13Q RETIREMENT Commissioner Collins made a motion that the Board adopt the following resolution to enter agreement with the North Carolina Local Governmental Retirement System to provide certain benefits as set forth in Chapter 1310 of the session laws of 1973 (2nd Session, 1974), Commissioner Brock seconded the motion and the resolution was unanimously approved: WHEREAS, the 1973 General Assembly amended the North Carolina Local Governmental Employees' Retirement System laws so as to permit agreements for providing certain benefits for employee members pursuant to Chapter 1310; and WHEREAS, the governing body of this Unit realizes the desirability of providing its employees with the security and protection provided by said benefits; and WHEREAS, Article 3, of Chapter 128 of the General Statutes of North Carolina provides that any employer governmental unit desiring to provide said benefits for its employee members must execute an agreement therefor with the Director of the North Carolina Local Governmental Employees' Retirement System: NOW, THEREFORE, BE IT RESOLVED BY THE Harnett County Board of Commissioners in regular session, 1. That the County of Harnett hereby elects to secure said benefits for its employees in the North Carolina Local Governmental Employees' Retirement System. 2. That the County of Harnett hereby agrees to comply with all provisions of the North Carolina Local Governmental Employees' Retirement System as defined in Article 3, Chapter 128 of the General Statutes. of North Carolina, as amended, and to make such increased employer's contributions as the Local Governmental Employees' Retirement System may determine to be necessary in order to provide said benefits. 3. That the County of Harnett is hereby ordered and directed to execute an agreement with the Director of the North Carolina Local Government Employees' Retirement System to implement said benefits of Chapter 1310 of the Session Laws of 1973 (2nd Session, 1974). 4 RETIREMENT -- AGREEMENT CONCERNING VOLUNTARY WITHDRAWAL, MILITARY LEAVE, OUT -OF -STATE NORTHERN HARNETT RESCUE BOUNDARIES REDEFINED Upon motion of Commissioner Collins, seconded by Commissioners Brock, the following agreement to provide certain benefits as set forth in Chapter 1310 of the session law of 1973 (2nd session 1974) was unanimously adopted. In accordance with the provisions of Chapter 1310 of the Session Laws of 1973 (2nd Session, 1974) setting forth the conditions under which the rights to certain benefits might be made available to members of the North Carolina Local Governmental Employees' Retirement System, this AGREEMENT is hereby entered into between the Board of Commissioners of Harnett County and the Director of said Retirement System. In consideration of an increase of .17% in the employer's contribution rate effective as of July 1, 1980, the North Carolina Local Governmental Employees' Retirement System hereby agrees to extend the privileges and rights of said benefits described in Chapter 1310 of the Session Laws of 1973 (2nd Session, 1974) to the employees of the County of Harnett who are members of said System on and after the above effective date. This Agreement shall continue in effect from year to year with the understanding that the rate payable for said benefits may be modified as the System's Actuary may periodically determine. Approval of the above increase in rate was authorized by the Harnett County Board of Commissioners at its meeting on June 20, 1980, and is recorded in the minutes of said Board. Commissioner Collins made a motion that the Board adopt the following resolution defining the boundaries of Northern Harnett Rescue District, Commissioner Stewart seconded the motion and the resolution carried: THAT, WHEREAS, a Resolution was passed on March 17, 1980, by the Board of Commissioners of Harnett County which established and defined the boundaries of the "Northern Harnett Rescue Service District "; and WHEREAS, a petition was received on May 7, 1980, seeking to have the district boundaries redefined by omitting a small portion at the southern end of Hector's Creek Township from the district as more particularly des- cribed in a "Second Supplemental Report" filed by Tom Lanier with the Board of Commissioners of Harnett County; and WHEREAS, the Board of Commissioners of Harnett County called a public hearing to be held on June 16, 1980, at 8 p.m. at the County Office Building on First and Front Streets in Lillington, North Carolina; on whether or not to redefine the district; and WHEREAS, the Commissioners directed Herbert Carson to publish a copy of the Notice of such hearing in the Harnett County News at least fourt weeks prior to the hearing date; that an affidavit from the editor of the Harnett County News has been filed with the Clerk to the Board of Commissioners showing that such notice was duly given; and WHEREAS, Thomas Allen was directed to mail a copy to all property owners within the boundaries of the proposed district as shown on the county tax records as of January 1, 1979, and he has filed his certificate of service with the Board; and WHEREAS, the hearing was held at the stated time and place and the following persons appeared and spoke for the proposed change in the boundaries of the district: Mr. Ammons, Melvin Rogers, Sue Anderson, Jimmy Matthews, and Wayne Gilbert. WHEREAS, no one present spoke in opposition to redefining said boundaries; and WHEREAS, the Commissioners having fully considered the views of those who appeared at the hearing and having duly considered the facts presented in the Second Supplemental Report and the original Report and Supplement, the Board finds and concludes that: 1. There is a demonstrable need for providing rescue service in the area of Harnett County known and defined as Buckhorn and Hector's Creek Townships, less and except the southern area of Hector's Creek Township as shown in the Second Supplemental Report; 2. There is a demonstrable demand for rescue services for the persons residing in the district as hereinafter defined. NOW, THEREFORE, be it resolved by the Board of Commissioners of Harnett County that: 442 CONTRACT FOR ENGINEERING SERVICES WITH TALBERT, COX CONCERNING AIR - POR'T TERMINAL 1. The Northern Harnett Rescue Service District is hereby redefined as follows: A. Boundary or Area to be Served. The area to be served by the rescue district shall be that area of Harnett County now described and defined as Buckhorn and Hector's Creek Townships, less and except the southern area of Hector's Creek Township as shown in the Second Supplemental Report; that a copy of the map showing the boundaries of the district as redefined is appended to these minutes. B. Modification of Original Resolution. That, except as modified herein, the original Resolution passed on March 17, 1980, establishing and defining the district remains in full force and effect. Commissioner Collins made a motion that the Board approve the fol- lowing contract for engineering services, Commissioner Stewart seconded the motion and the issue carried: THIS AGREEMENT made this 20th day of June, 1980, by and between HARNETT COUNTY, NORTH CAROLINA, hereinafter called the OWNER, and TALBERT, COX & ASSOCIATES, INC., hereinafter called the ENGINEER. WHEREAS, the OWNER intends to further develop the HARNETT COUNTY AIRPORT by constructing a terminal building hereinafter called the PROJECT. NOW, THEREFORE, the OWNER and ENGINEER, for the consideration hereinafter named, agree as follows: The ENGINEER agrees to perform for the above named PROJECT professional services as hereinafter set forth. The OWNER agrees to compensate the ENGINEER for services as hereinafter provided. The ENGINEER'S services shall be as follows: ARTICLE I ENGINEER'S SERVICES 1.1 BASIC .SERVICES The Engineer's Basic Services consist of the five phases described below and include normal architectural, structural, mechanical and electrical enginee ing services as Basic Services. SCHEMATIC DESIGN PHASE 1.1.1 The ENGINEER shall review the program furnished by the OWNER to ascerta the requirements of the Project and shall confirm such requirements to the OWNER. 1.1.2 Based on the mutually agreed upon program, the ENGINEER shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the scale and relationship of Project components for approval by the OWNER. 1.1.3 The ENGINEER shall submit to the OWNER a Statement of probably Construe tion Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1.4 The ENGINEER shall prepare from the approved Schematic Design Studies, for approval by the OWNER, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical and electrical systems, materials and such other essentials as may be appropriate. 1.1.5 The ENGINEER shall submit to the OWNER a further Statement of Probable Construction Cost. CONSTRUCTION DOCUMENTS PHASE 1.1.6 The ENGINEER shall prepare from the approved Design Development Documents, for approval by the OWNER, Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project including the necessary bidding information, and shall assist in the preparation of biddi forms, the Conditions of the Contract, and the form of Agreement between the OWNER and the CONTRACTOR. 1.1.7 The ENGINEER shall advise the OWNER of any adjustments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.1.8 The ENGINEER shall assist the OWNER in filing the required documents for the approval of governmental authorities having jurisdication over the Project. BIDDING OR NEGOTIATION PHASE 1.1.9 The ENGINEER, following the OWNER'S approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the OWNER in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. CONTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Construction Contract and will terminate when the final Certificate for Payment is issued to the OWNER. 1.1.11 The ENGINEER sh -11 provide Administration of the Construction Contract as set forth in AIA Document A201, General Conditions of the Contract for Construction, and the extent of his duties and responsibilities and the limitations of his authority as assigned thereunder shall not be modified without his written consent. 1.1.12 The ENGINEER, as the representative of the OWNER during the Construction Phase, shall advise and consult with the OWNER and all of the OWNER's instructions to the Contractor shall be issued through the ENGINEER. The ENGINEER shall have authority to act on behalf of the OWNER to the extent provided in the General Conditions unless otherwise modified in writing. 1.1.13 The ENGINEER shall at all time have access to the Work wherever it is in preparation or progress. 1.1.14 The ENGINEER shall make periodic visits to the site to familiarize himself generally with the progress an quality of the work and to determine in general if the work is proceeding in accordance with the Contract Documents. On the basis of his on -site observations, he shall endeavor to guard the OWNER against defects and deficiencies in the work of the Contractor. The ENGINEER shall not be required to make exhaustive or continous on -site inspections to check the quality or quantity of the Work. The ENGINEER shall not be responsible for construction means, methods techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he shall not be responsible for the Contractor's failure to carry out the work in accordance with the Contract Documents. 1.1.15 Based on such observations at the site and on the Contractor's Applications for Payment, the ENGINEER shall determine the amount owing to the Contractor and shall issue Certificates for Payment in such amounts. The issuance of a Certificat for Payment shall constitute a representation by the ENGINEER to the OWNER, based on the ENGINEER'S observations at the site as provided in Subparagraph 1.1.14 and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the ENGINEER'S knowledge, information, and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work for conformance with the Contract Documents upon substantial completion, to the results of any aubsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certifie By issuing a Certificate for Payment, the ENGINEER shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contract) has used the moneys paid on account of the Contract Sum. 1.1.16 The ENGINEER shall be, in the first instance, the interpreter of the requirements of the Contract Documents and the impartial judge of the performance thereunder by both the OWNER and CONTRACTOR. The ENGINEER shall make decisions on all claims of the OWNER or CONTRACTOR relating to the execution and progress of the work and on all other matters or questions related thereto. The ENGINEER'S decision in matters, relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 1.1.17 The ENGINEER shall have authority to reject work which does not conform to the Contract Documents, Whenever, in his reasonable opinion, he considers it necessary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have authority to require special inspection of testing of any work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. 1.1.18 The ENGINEER shal review and approve shop drawings, samples, and other submissions or the Contractor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.1.19 The ENGINEER shall prepare Change Orders. 1.1.20 The ENGINEER shall conduct inspections to determine the dates of substantia completion and final completion, shall receive and review written guarantees and 4 4 related documents assembled by the Contractor, 1.1.21 The ENGINEER shall not be responsible Subcontractors, or any of the Contractor's or persons performing any of the Work. and shall inssue a final Certificate for Payment. for the acts or omissions of the Contractor, or any Subcontractor's agents or employees, or any other 1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.2.1 If more extensive representation at the site than is described under Subparagraphs 1.1.10 through 1.1.21 inclusive is required and if the OWNER and ENGINEER agree, the ENGINEER shall provide one or more Full -Time Project Representatives to assist the ENGINEER. 1.2.2 Such Full -Time Project Representatives shall be selected, employed and directed by the ENGINEER, and the ENGINEER shall be compensated therefor as mutually agreed between the OWNER and the ENGINEER as set forth in an exhibit appended to this Agreement. 1.2.3 The duties, responsibilities and limitations of authority of such Full -Time Project Repre- sentatives sahll be set forth in an exhibit appended to this Agreement. 1.2.4 Through the on -site observations by Full -Time Project Representative of the work in progress, the ENGINEER shall endeavor to provide further protection for the OWNER agains defects in the Work, but the furnishing of such project representation shall not make the. ENGINEER responsible for Construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, or for the Contractor's failure to perform the work in accordance with the Contract Documents. 1.3 ADDITIONAL SERVICES The following Services shall be provided when authorized in writing by the OWNER, and they shall be paid for by the OWNER as hereinafter provided. 1.3.1 Providing analyses of the OWNER'S needs, and programming the requirements of the Project. 1.3.2 studies Providing planning surveys, site evaluations, environmental studies or comparative of prospective sites. 1.3.3 Providing financial feasibility or other special studies. 1.3.4 Providing design services relative to future facilities, systems, and equipment which are not to be constructed as part of the project. 1.3.5 Providing services to investiage existing conditions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the OWNER. 1.3.6 Preparing documents for alternate bids or out -of- sequence services requested by the OWNER. 1.3.7 Providing detailed estimates of of material, equipment and labor. construction cost or detailed quantity surveys or inventorie 1.3.8 Providing interior design and other services of furniture and furnishings. required for or in connection with the selecti 1.3.9 Providing services for planning tenant or rental spaces. 1.3.10 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of the ENGINEER. 1.3.11 Preparing supporting data and other services in connection with Change Orders if the change resulting from the adjusted Contract Sum is not commensurate with the services required of the ENGINEER. 1.3.12 Making investigations involving detailed appraisals and valuations of existing facilities, and surveys or inventories required in connection with construction performed by the OWNER. 1.3.13 Providing consultation concerning replacement of any Work damaged by fire or other cause dur ing construction, and furnishing professional services of the type set forth in Paragraph 1.1 as may be required in connection with the replacement of such work. 1.3.14 Providing professional services made necessary by the default of the Contractor in the performance of the Construction Contract. 1.3.15 Preparing a set of reproducible record prints of drawings showing significant changes in the Work made during the construction process, based on marked -up prints, drawings and other data fur- nished by the Contractor to the ENGINEER. 1.3.16 start -up training Providing extensive assistance in the utilization of any equipment or system such as initial or testing, adjusting and balancing, preparation of operation and maintenance manuals, personnel for operation and maintenance, and consultation during operation. 1.3.17 Providing services after issuance to the OWNER of the final Certificate for Payment. 1.3.18 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 1.3.19 Providing services of professional consultants for other than the normal architectural, structural, mechanical and electrical engineering services for the Project. 1.3.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 2 THE OWNER'S RESPONSIBILITIES 2.1 The OWNER shall provide full information, including a complete program, regarding his requirements for the Project. 2.2 The OWNER shall designate, when necessary, a representative authorized to act in his behalf with respect to the Project. The OWNER shall examine documents submitted by the ENGINEER and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the ENGINEER'S services. 2.3 The OWNER shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; right -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and complete data pertaining to existing buildings, otherimprovements and trees; and full information concerning service and utility lines both public and private, above and below grade, including inverts and depths. 2.4 The OWNER shall furnish the services of a soils engineer or other consultant when such services are deemed necessary by the ENGINEER, including reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity test andother necessary operations for determining subsoil, air and water conditions, with appropriate professional recommendations. 2.5 The OWNER shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.6 The OWNER shall furnish such legal, accounting, and isurance counseling services as may be necessary for the Project, and such auditing services as he may require to ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. 2.7 The services, information, surveys, and reports required by Paragraphs 2.3 through 2.6 inclusive shall be furnished at the OWNER'S expense, and the ENGINEER shall be entitled to rely upon the accuracy and completeness thereof. 2.8 If the OWNER becomes aware of any default or defect in the Project or non - conformances with the Contract Documents, he shall give prompt written notice thereof to the ENGINEER. 2.9 The OWNER shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 PAYMENTS TO THE ENGINEER 3.1 Payments on account of the ENGINEER'S Basic Services shall be made as follows: 3.1.1 Payments for Basic Services shall be made monthly in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the total Basic Compensation: Schematic Design Phase 15% Design Development Phase 35% Construction Documents Phase 75% Bidding or Negotiation Phase 80% Construction Phase 100% 3.1.2 If the Contract Time initially established in the Construction Contract is exceeded through no fault of the ENGINEER, compensation for Basic Services performed by Principals, employees and professional consultants required to complete the Administration of the Construction Contract shall be computed as set forth in the Additional Services provisions. 3.2 Payments for Additional Services of the ENGINEER as defined in Paragraph 1.3, shall be made monthly upon presentation of the ENGINEER'S statement of services rendered. 3.3 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors. 3.4 If the Project is abandoned in whole or in part, the ENGINEER shall be paid his compensation for services performed prior to receipt of written notice from the OWNER of such suspension or abandon- ment. 3.5 Payments due the ENGINEER under this Agreement shall bear interest at the legal rate commencing sixty days after the date of the billing. ARTICLE 4 - ENGINEER'S Accounting Records Records of expenses pertaining to Additional Services on the project shall be kept on a generally recognized accounting basis and shall be available to the OWNER or his authorized representa- tive at mutually convenient times. ARTICLE 5 - TERMINATION OF AGREEMENT 5.1 This Agreement may be teiiuinated by either party upon seven days' written notice should the other party fail substantially to perofim in accordance with its terms through no fault of the party initiating the termination. 5.2 In the event of termination due to the fault of parties other than the ENGINEER, the ENGINEER shall be paid his compensation for services performed to termination date. ARTICLE 6 - OWNERSHIP OF DOCUMENTS Drawings and specification as instruments of service are and shall remain the property of the ENGINEER whether the Project for which they are made is executed or not. They are not to be used by the OWNER on other projects or extensions to this Project except by agreement in writing and with appropriate compensation to the ENGINEER. ARTICLE 7 - SUCCESSORS AND ASSIGNS The OWNER and the ENGINEER each binds himself, his partner, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns and legal representative os fuch other party with respect to all covenants of this Agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. ARTICE 8 - EXTENT OF AGREEMENT This Agreement represents the entire and integrated ENGINEER and supersedes all prior negotiations, representations This Agreement may be amended only by written instrument signed agreement between the OWNER and the or agreements, either written or oral. by both OWNER and ENGINEER The Engineer shall provide professional services for the Project in accordance with the Teams and Conditions of this Agreement. The OWNER shall compensate the ENGINEER, in accordance with the Term and Conditions of this Agreement. computed on an hourly that: renegotion. A. FOR BASIC SERVICES, as described in Paragraph 1.1, Basic Compensation shall be the basis of a LUMP SUM OF EIGHT THOUSAND FIVE HUNDRED DOLLARS ($8,500.00). B. FOR ADDITIONAL SERVICES as described in Paragraph 1.3, compensation shall be based on rate, as needed, for the applicable classifications attached herto. The OWNER AND ENGINEER agree in accordance with the Terms and Conditions of this Agreement A. IF SCOPE of the Project is changed materially, compensation shall be the subject to B. IF THE SERVICES covered by this Agreement have not been completed within TWELVE (12) months of the date hereof, the amount of compensation, rates and multiples set forth in Paragraph II shall be subject to renegotiation. IN WITNESS HEREOF, they have executed this Agreement, the day and the year first above written which is the effective date of this Agreement. JULY 7, MEETING RESCHEDULED MARGARET RANDALL FUNDS MIGHT BE AVAILABLE FOR THE CONSTRUCTION OF LIBRARY ADJOURNMENT Commissioner Stewart made a motion thatthe Board of Commissioners' meeting scheduled for July 7 be rescheduled for July 14, 1980, at 9 a.m., because a majority of the Board members will be out of town on July 7, Commissioner Collins seconded the motion and it carried. Mrs. Margaret Randall appeared beforethe Board and informed the Commissioners that some funds may become available on the state level for the construction of a libary facility. There being no futher business, the Harnett County Board of Commissioners meeting of June 27, 1980, duly adjourned at 11:25 a.m. Clerk a rman