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030518a Agenda Package
Agenda Item LI -A -----=-...;!..._ __ HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Special Session February 26, 2018 The Harnett County Board of Commissioners met in special session on Monday, February 26, 2018 , in the County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara McKoy, Commissioner Abe Elmore, Commissioner Joe Miller, Commissioner Paula Stewart, Interim County Manager Dwight Snow, County Attorney Margaret Regina Wheeler, Clerk Heather Pollard, Human Resources Director Chairman Springle called the meeting to order at 8:30 am and led the Pledge of Allegiance and invocation. The purpose of the special session is to discuss applications for County Manager. Vice Chairman Penny moved that the Board go into closed session to discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(6). Commissioner Miller seconded the motion that passed unanimously. Commissioner Elmore moved that the Board come out of closed session. Commissioner Miller seconded the motion that passed unanimously. Commissioner Elmore moved to adjourn the meeting. Commissioner Miller seconded the motion that passed unanimously. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk February 26, 2018 Special Session Harnett County Board of Commissioners P age 1 o f 1 030518a HC BOC Page 2 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting February 19, 2018 The Harnett County Board of Commissioners met in regular session on Monday, February 19, 2018 , in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chainnan Howard Penny, Vice Chairman Barbara McKoy, Commissioner Joe Miller, Commissioner Abe Elmore, Commissioner Paula Stewart, Interim County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 7:00 pm. Vice Chainnan Penny led the Pledge of Allegiance and invocation. Chairman Springle congratulated Commissioner McKoy on being appointed to serve on the State Health Coordinating Council by Governor Roy Cooper. Commissioner McKoy was appointed to the council as a Rural County Government Representative. Chairman Springle called for additions or deletions to the published agenda. Mrs. Stewart requested the addition of the Hamett Regional Jetport Administrator request for approval of the NC Department of Transportation/Division of Aviation's Non-Primary Entitlement (NPE) grant modification for additional funding needed for Phase 2 -Preliminary Design, Design & Bidding for a new Terminal Building with a local match of $19,180. Commissioner Elmore moved to approve the agenda as amended. Commissioner Miller seconded the motion, which passed unanimously. Commissioner Elmore moved to approve the following items listed on the revised consent agenda. Commissioner McKoy seconded the motion, which passed unanimously. 1. Minutes: February 5 , 2018 Regular Meeting 2. Budget Amendments: 223 Sheriffs Office Code 190-5100-420.74-74 Capital Outlay 190-0000-356.30-00 Insurance Claims 24,327 increase 24,327 increase February 19 , 2018 Regular Meeting Minutes Hamett County Board of Commissioners Page 1 of 5 030518a HC BOC Page 3 224 Health Department Code 110-7600-441.58-01 Training 110 -0000-331 . 76-34 Public Nurse Training 225 General Fund Code 110-5500-420.60-65 Operating Auto 110-8800-490.32-16 Contingency 228 Library Code l 10-8100-450.58-14 Travel 1 I0-8100-450.58-01 Training 229 Human Resources Code l 10-4250-410.11-00 Salaries & Wages l 10-4250-410.21-00 Group Insurance 110-4250-410.23-00 Regular Retirement 110-4250-410.22-00 FICA Expense 110-4250-410 .26-08 Workers Compensation 1 I0-4250-410.23-01 Supplemental Retirement 110-8800-490.21-07 Dental 230 Education Code 110-8600-480-31-12 BOC Capital Outlay 110-8600-480.31-10 Teacher Additional PSNS 233 Capital Reserves Code 194-4900-410.74-74 Capital Outlay Equipment 194-0000-389.10-00 Interfund Transfer 23 5 Veterans Court Code 253-4403-441.33-45 Contracted Services 253-4403-441.35-77 Veterans Court 253-4403-441 .58-0l Training 253-4403-441.58-l 4 Travel Admin 253-4403-441.60-33 Materials & Supplies 253-4403-441.60-39 Other Material 253-4403-441 .60-44 Equipment 253-4403-441 .60-45 Drugs 253-0000-331.88-03 Veterans Court SAMHASA 239 Sheriff Office Code 110-5100-420.60-65 Auto Supplies 1 I0-0000-354.11-00 Restitution 400 increase 400 increase 7,500 increase 7,500 decrease 1,200 increase 500 increase 15,000 increase 4,500 increase 1,088 increase 1,148 increase 150 increase 300 increase 186 increase 595,805 increase 595 ,805 decrease 26,500 increase 26,500 increase 55 ,477 increase 13,729 increase 6,303 increase 982 increase 1,014 increase 1,939 increase 5,040 increase 2 ,745 increase 87,230 increase 999 increase 999 increase February 19, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 5 030518a HC BOC Page 4 237 Veterans Treatment Court Code 253-4404-441.58-0l Training & Meetings 253-4404-441.60-39 Other Materials 253-0000-331 .88-04 Veterans Treatment Court BJA 3. Tax rebates , refunds and releases (Attachment 1) 4 . Resolution to add roads to state system (Attachment 2) 6,512 increase 6,513 increase 13 ,025 increase 5. Harnett County Public Utilities requested approval to award a construction contract in the amount of $505,700 to Temple Grading and Construction Company from Lillington, NC. This contract consists of the construction of approximately 7,440 linear feet of 12-inch ductile iron water transmission main in the Bunnlevel area of the county. This project is necessary to correct some hydraulic deficiencies in the water distribution system present in that area of the county. This project will be funded from HCDPU's cash reserves. (Attachment 3) 6. Harnett County Public Utilities requested approval to award a construction contract in the amount of $976,971.25 to Temple Grading and Construction Company from Lillington, NC. This contract consists of the construction of approximately 7,420 linear feet of 20- inch ductile iron water transmission main along Hwy 87 in the Spout Springs area of the county. This project is necessary to provide adequate water supply for the new Benhaven Elementary School being constructed in the WHIP. This project will be funded from HCDPU's cash reserves . (Attachment 4) 7. Harnett County Health Director requested approval o f the revised Clinical Patient Fees, Eligibility and Bad Debt-Write Off Policy. 8. Harnett County Public Library requested approval to accept the LSTA grant in the amount of $1,700. This scholarship grant was awarded to Cataloger Mary Atkinson for the 2018 Evergreen International Conference in St. Charles, Missouri. 9 . Proclamation Recognizing Robert E. "Bob" Doberstein for His Dedicated Service to Harnett County and Its Citizens. 10. Finance Officer requested approval of the contract for the audit firm Martin Starnes & Associates, CPA, to audit the County's accounts for the period beginning July 1, 2017 and ending June 30, 2018 . 11 . Finance Officer requested approval of a Project Ordinance in the amount of $530,220 for the new dining room addition for Overhills High School funded with 2017 General Obligation School-Bond funds . February 19, 2018 Regular Meeting Minutes Harnett County Board o f Commiss ioners Page 3 of 5 030518a HC BOC Page 5 12. Hamett County Capital Projects Director requested approval of the purchase of land located in Barbeque Township for a purchase price of $1,600 an acre pending final survey approved acreage. This property is adjacent to the Anderson Creek Landfill and will be used for buffer and further expansion of the facilities if needed. The Solid Waste Department will fund the purchase of this property. 13. Ordinance to Allow the Sale of Alcoholic Beverages before Noon on Sundays at Licensed Premises with the Unincorporated Areas of Harnett County. 14. Hamett Regional Jetport Administrator requested approval of the NC Department of Transportation / Division of Aviation's Non-Primary Entitlement (NPE) grant modification for additional funding needed for Phase 2 -Preliminary Design, Design & Bidding for a new Terminal Building. The required match for Phase 2 is $19,180 and is available in the existing budget. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Kris Nystrom of 391 Center Lane in Bunnlevel addressed the Board. Jerry Rivas of 364 Twin Ponds Road in Sanford addressed the Board. Commissioner Miller moved to approve the appointments listed below. Commissioner McKoy seconded the motion, which passed 4-0. BOARD OF EQUALIZATION AND REVIEW Joe Miriello (nominated by Vice Chairman Penny) requested a waiver of term limits. Mr. Miriello was reappointed to serve on this board for an additional two-year term expiring February 28, 2028. DANGEROUS DOG COMMITTEE Daniel Glover was reappointed to serve on this committee for a term of three years expiring February 28, 2021. GOOD HOPE BOARD Colleen "Kelly" Kelly was appointed to serve on the Good Hope Board as a DSS representative. Mrs. Stewart presented the following report: Hamett County Financial Summary -December, 2017 Hamett County Sales Tax Analysis by Article-October, 2017 Hamett County Veterans Services Activities-January 2018 Hamett County Public Health Activities -January 2017 Interdepartmental Budget Amendments Mrs. Stewart reviewed upcoming meetings and invitations. February 19, 2018 Regular Meeting Minutes Hamett County Board of Commissioners Page 4 of 5 030518a HC BOC Page 6 There was no new business. Vice Chairman Penny moved that the Board go into closed session to consult with the County's legal staff concerning the handling of a certain claim in order to preserve the attorney-client privilege. This motion is made pursuant to N .C. General Statute Section 143-318.11 (a)(3). Commissioner Elmore seconded the motion, which passed unanimously. Commissioner Elmore moved that the Board come out of closed session. Commissioner McKoy seconded the motion that passed unanimously. Commissioner Miller said citizens have contacted him saying G&S Materials is wanting to expand their mining footprint. Commissioner McKoy noted she recently attended an event at Campbell College where they were raising money to open a third free clinic in the county. Commissioner Elmore moved to adjourn the meeting at 7:35 . Vice Chairman Penny seconded the motion, which passed unanimously. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk February 19, 2018 Regular Meeting Minutes Hamett County Board of Commissioners Page 5 of 5 030518a HC BOC Page 7 ftl l.&'\..,llt'O..Ll°' I. ~ -·-·, .. , • ... .._ .. _.,_ .,,........ · ~ - · · - · - - · . , • . , . • . • . - - - . : , , · ~ - . . . ~ . . - - - , 1 1 1 · , · " ' " ' " ' - , . • • , . , · ~ ~ · - ~ - : - : - - . . . . . ~ - · - - - 1 1 . ~ . . . . . . . - · . ~ - . . . . . . . ~ - ~ . . . ~ ~ . . . . . - - - · · - - - - - - - , · - - . . - • : 1 1 · ~djustme·rit Reason • • Bill N _ u m b e r . • ; . · . . , : · ~ . . ~ · - • · · 1 . . t 1 1 > e . · R e c f t i ' l e d ~ u n t _ ! \ e f u n g ~ r r i o : V . _ n t ~ a ( ! l e _ ~ k • . . . · . . , . , , . : · - ' J " ~ ~ s ~ Adjustment 00019 9 8 6 5 6 · 2 0 1 7 - 2 0 1 7 - 0 0 0 0 - 0 0 I N D $ 2 4 4 . 0 4 $ 4 9 . 5 3 B Y R N E , A L L E N R O B E R T S. Keith Faulkner Tax Administrator , . - ' Y . . ~ 0 3 0 5 1 8 a H C B O C P a g e 8 .TTACHMENT 2 Harnett Y~'<""l COUNTY ~.........!:~--NOR TH CAROLINA RESOLUTION BE IT RESOLVED that the Hamett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Braxton Phase II Subdivision Braxtonwood Drive Meadowwood Court Duly adopted this 19th day of February 2018. TY BOARD OF COMMISSIONERS stro ng roots • new growth www.harnett.org 030518a HC BOC Page 9 ATlALHMENT3 CERTIFIED BID TABULAT I O N SOUTH CENTRAL WATER TRANSM I S S I O N M A I N HARNETT COUNTY, NORTH C A R O L I N A ITEM DESCRIPTION Q U A N . NO. 1 MoblllzaUon (3.0% Maximum) 1 2 12" C-900 PVC Water Main 7 , 4 4 0 3 12" x 12" Tapping Sleeve and Valve 3 4 Connection lo Existing 12" Water line et Wire R o a d 1 5 12-inch Gate Valve 4 6 Compact Ductile Iron Fittings 8 , 0 0 0 7 24" Diameter Stael Encasement Pipe by Bore a n d J a c k 1 3 0 with 12" DIP Carrier Ploe 8 Coordination, Removal and Replacement of Re c y c l e d Concrete Headwall 1 9 Gravel Drive Repair 3 5 0 10 Concrete Drive Repair 2 4 0 11 Asphalt Road Repair {NCDOT Road) 2 0 12 Sediment Wattle 2 7 13 Culvert Protection 3 2 14 Inlet Protection 1 15 MlsceUaneous Concrete 1 0 16 Remove Existing Trees/Shrubs 1 17 Traffic Control 1 TOTAL BASE BID (SUM OF ITE M S 1 T O 1 7 ) ALTERNATE BID (12" DIP WATE R M A I N ) ITEM DESCRIPTION Q U A N . NO. 12" DIP Water Main In lleu of Item No. 2 -12• C - 9 0 0 P V C A1 Water Main. Unit price shall be an !!.!!!!ili2!l.. or a 7 , 4 4 0 deduction from the unit price provided In Item N o . 2 f o r 1 2 " C-900 PVC Water Main TOTAL BASE PLUS ALTERN A T E B I D IAlchael s. Apke, p .E. ~M~ G f f i ,nglneering • Planning · finance ; Reqionol arcle, Suite A >Jnehurst, North Carolina 28374 ll0-295-3159 U N I T L S L F E A L S E A L B S L F L S L F S Y S Y E A E A E A C Y L S L S U N I T L F T e m p l e G r a d i n g & E L J , l n c . S a n f o r d C o n t r a c t o r s , C o n s t r u c t i o n C o . , I n c . I n c . 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G . 1 f F M y ~ T 1 ~ n t n t t l n 1 " " - ITEM 0 £ S C R I P ' l 1 Q N Q U A N . U N I T U N I T T O T A L U N I T T O T A . L U N I T T O T A L U N I T T O T A l . U N I T T O l A l . U N I T T O T A L NO. - - - · - · - - 1 - P R I C E P R I C E 2D" DR ti Fiulll .. PVC~ .. by~O . l d O n a l D r l l ( 2 1 7 L F I J J n J l u . a t ' - N o . t • 2 0 " O I i : t H O P E ° " " " ' " " " " " ° " " ' .... bWl'toluontal0u~Dlll(217LFt). U d t p r b l h . a b l 1 n l l l ! 3 i l a . J a o r • ~ 0 1 1 u n 1 1 p , t c . ' L S - 1 2 , 1 7 0 . 0 0 S l . 1 1 0 . 0 0 . . . . . . . 4 1 ) ( ) . 0 0 D l , d i , c t 1 7 0 , 0 0 0 . 0 0 · I T C , 0 0 0 . 0 0 ~ $ 8 $ 3 . ! 6 . . . . . . . 1 1 1 , 0 0 0 , 0 0 4 1 1 . 0 0 0 . 0 0 $ 3 , 0 0 0 . 0 0 4 3 , 0 0 0 . 0 0 prv.oiSNIJ,,hrnNo.tlotWDRtHO P E b ) ' ~ D n c ; b i • I M ( 2 1 7 L F t ) n . . . . . . . t l f t t , # ' • , M c G i l l , . . . . . . . . \ \ C A H . , : / ' " · - . . , ~ ' \ . . . . . . . ' b . . l ~ . . . ~ ~ - t u : : r ~ T h i s i s t o c e r t i f y t h a t t h e b i d s t a b u l a t e d h e r e i n w e r e a c c o m p a n i e d ~ ~ . . . . . l . b y a 5 % b i d b o n d o r c e r t i f i e d c h e c k a n d p u b l i c l y o p e n e d a n d r e a d : . - . : , . : . A s s 0 C I A T E s a l o u d a t 2 : 0 0 p . m . l o c a l t i m e o n t h e 5 t h d a y o f J a n u a r y , 2 0 1 8 i n t h e i , ~ - 2 3 9 4 . : i ll\sJM,erlflc ·l'i.1M1n1·Flru1ncc H a m e t t C o u n l y D e p a r t m e n t o f P u b l i c U t i l i t i e s T r a i n i n g R o o m S bgloMI °""-• SillkA ,.,_h11,n. N0"1t CMc,Jl!no .l.Q14 tJe>-.U.s,us, , , , , _ , u ~ , , t . - \ - \ \ 0 3 0 5 1 8 a H C B O C P a g e 1 1 Agenda Item __ J./_-_{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, 2018: Section 1. To amend the General Fund , Sheriff's Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5 100-42 0-60-6 5 Sheriff's Auto 72,500 REVENUE ' AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-389-43 -22 lnterfund Transfer -Asset Forfeitures 72,500 EXPLANATION : To transfer funds to into the Sheriff's Auto Expenditures line to cover the outfitting and install on new vehicles. APPROVALS : ~$)~ '2/,~),( f1 1,+J. L t-5:k.t .)<, A I::: Department Head (date) County Manager (date) J ... )o,..,8 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 , 2018 . Margaret Regina Wheeler, Interim Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioners J4-Db 030518a HC BOC Page 12 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, 2018: Section 1. To amend the General Fund, Sheriffs Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 251-5100-420-74-74 Capital Outlay 126,342 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 251-0000-399-00-00 Fund Balance Appropriated 126,342 EXPLANATION: To rollover the Sheriffs unexpended Capital Outlay from the 2016/2017 budget into the current budget. APPROVALS : ifu~akh~ 'JAl!/i<( Pfu.-.t'-bS+e .. ) <,...}:: Department Head {date) County Manager (date) .).r )-o-\ ~ 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 Daniel Wheeler, Clerk to the Board , 2018. Gordon Springle, Chairman Ha rnett County Board of Commissioners 030518a HC BOC Page 13 BUDGET ORDI NANCE 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 fo r the fiscal year ending June 30, 2018: Sec tion 1. To amend the Education Financing Proceeds Budget, the appropriations are to be changed as EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 299-8600-480-32-1 6 Continaencv $530,220 299-8600-480-90-03 Other Financina -Capital Proiect $530,220 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : To budget the transfer of funds to the Overhills High School Cafeteri a Project APPROVALS : Department Head (date) Section 2. Copies of this budget amendment shall e furnished to the Clerk to t he Board, and to the Budget Adopted _________________ _ Margaret Regina Daniel, Clerk to the Board Gordon Spri ngle, Chairman Harnett County Board of Comm 030518a HC BOC Page 14 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, 2018: Section 1.To amend the Fleet Services budget, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 903-4610-410.74-74 General Services/Capital Outlay 2000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 903-0000-389 .54-40 lnterfund Transfers/ Internal Service Fund 2000 EXPLANATION: Increase account to purchase additional replacement vehicle through the new Fleet Acqu isition Program. APPROVALS: ,& p ~ -7/6'/J' Dep7rt'ment Head (date) Pu..~ .... (L .5tc...v) e,.x County Manager (date) ;).. ~;). ).--I 8 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 Whee ler Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioner 030518a HC BOC Page 15 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the foll owing amendment be made to the annual budget ordinance for the fiscal year ending Section 1. To amend the Benhaven Elementary School CPl 702 the appropriations are to be changed as follows: EXPENDITURE CODE NUMBER 336-8300-480-47-30 336-8300-480-47-62 REVENUE CODE NUMBER EXPLANATION: APPROVALS: AMOUNT DESCRIPTION OF CODE INCREASE General Contractor Continaencv $44,540 AMOUNT DESCRIPTION OF CODE INCREASE To reduce construction budget due to sales tax J.M. Thompson Co. Pay Estimate #6 AMOUNT DECREASE $44,540 AMOUNT DECREASE /J,.t; J. ..J, ,~ .. t(_t l ....lc--i-, Sr( .. ..jc-,t- Finance & Accounting Specialist County Manager (9ate) .J ,D -,, 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. Margaret Regina Daniel, Clerk to the Boord Gordon Springle, Chairman Harnett County Boord of Comm ,),5() j, 030518a HC BOC Page 16 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolin a, that the fo l lowing amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018 : Section 1.To ame n d the Youth Services budget, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7930-441.12-00 Human Services -Salaries & Wages/Part Time 784 110-7930-441.74-74 Human Serv ices -Capital Outlay/ Equipment 784 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: Budget revision is needed to increase expenditure line for the purchase of a vehicle, increase is due to the state contract price increasing by 3%. APPROVALS: County Manager (date) .1.. .... )...3 ---1 ~ Section 2. Copie s 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 ______ ..J _______ _ Margaret Regina Wheeler Clerk to the Board Gordon Springle, Chairman Harnett County Board of Comm i ssioner JS /h 030518a HC BOC Page 17 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, 2018: Section 1. To amend the General Fund , Emergency Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-5300-420.60-33 Materials & Supplies $3961 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-356.30-00 Reimbursements/ Insurance Claims $3961 EXPLANATION: To budget to Materials & Supplies for replacement of Portable Equipment (Motorola Radio and Charger) that was lost on 02/06/18. APPROVALS: (date) / County Manager (date) '}-I g .).,..~ ~,~ 18 Section 2. Copies of this budget amendment shall be furni shed to the Clerk to the Board, and to the Budget Officer and the Finance Officer for the ir direction. Adopted this ___ day of ____ , 2018. M argaret Regina Wheeler Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioners 030518a HC BOC Page 18 Board Meeting Agenda Item Agenda Item ~ -(! MEETING DA TE: March 5, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Public Utilities Writeoffs for 4th Quarter 2017 REQUESTED BY: Steve Ward, Director REQUEST: Enclosed are the delinquent accounts determined to be at write-off status for the fourth quarter of 2017. All of these accounts have been delinquent for more than three years and total $58,817.22. The facilitation of these write-offs is an important step in a continuing effort to effectively manage our collections and bad debt. HCDPU is currently using the Local Government Debt Setoff Program and On-Line Collections, Inc. to help collect our delinquent accounts. We are happy to report that we have recovered over $635,000 in bad debt previously written off through the Debt Setoff Program . Please place this request on the consent agenda at the next available meeting. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfile I \Puusers\sward\M y Documents\coll ectio ns\writeoffs 4th -qtr 20 I 7.doc.d ocx I of I Page 030518a HC BOC Page 19 HARNETT COUNTY DEPT OF PUBLIC UTILITIES QUARTERLY DELINQUENT WRITE OFFS DEC 2014 NAME ACCOUNT# NOTES ADAMS Ill , EDWARD G 119341-33021 JUDGEMENT AGUILAR , JOSEFINA 99015-44587 AKOR, IKE 30335-50120 JUDGEMENT AKOR, IKE 30329-50124 JUDGEMENT ALLEN , ASHLEY 176811-682 ALLEN , LEONTINE 51961-18974 ALLEN , SANDRA 153971-17255 ANDERSEN ESTATE, EDWIN J 133783-74194 ASHFORD , ANGELA 67225-58392 JUDGEMENT BABER.FRANK 20665-63095 JUDGEMENT BABER, FRANK 81581-63245 JUDGEMENT BABER , FRANK 81581-70932 JUDGEMENT BABER.FRANK 81581-70933 JUDGEMENT BAKER, KEY'ARROW 189353-77342 BAKER, LARAMIE D 181797-3791 RET BILL BAKER.SANDRA 160367-25308 RET BILL BARTOLO, MARIA DE LOURDE~ 95889-73811 BECKWITH, GLORIA 7413-34305 JUDGEMENT BEOTELLO, TOMAS 10853-34281 JUDGEMENT BLAND ESTATE, DAVID A 12501-71102 RET BILL BLOUIN, DAVID 69205-76885 BOODOO, RUSSELL 126249-69542 BOULDIN, BONNIE K 51261-57745 BRATCHER, MICHELE 188727-89386 RET BILL BRESNAHAM, JILLIAN 161345-88593 BROCKINGTON , SAQUANA 176029-43084 BROOKS, NEKEA 189369-26189 BROWN ESTATE , BERNICE 84271-64901 BRUEN , LACEE LYNN 191475-5542 BUCHANAN, GLORIA 68815-64390 JUDGEMENT BUCKLEY EST, MICHAEL 50011-44016 BURNS, LAKENIA M 135183-87525 BURRIS , EUNICE 190023-4452 BUTLER, DONETTA 175737-86187 RET BILL BUTNER.DONNA 125993-16351 JUDGEMENT BYRD.RUTHA 85347-70452 JUDGEMENT CALLISTE, JENNILEE N 175387-84715 CAMPBELL, LUJEAN 28063-2707 4 CARR, MICHELLE A 188871-73795 CARTER, ANGELIKA L 190663-3649 RET BILL CLARK, ASHLEE 188985-3 386 CLEARY.KENNETH 181321-23558 RET BILL COCKMAN , BARBARA 114189-63795 COLANTUNONO,CRYSTAL 67365-8381 JUDGEMENT COOMBS, WARREN R 151769-62207 RET BILL COVINGTON, ELIZABETH 63193-53736 JUDGEMENT CRAVEN.RUSTY 189529-50726 CROSSLEY EST ATE , DOUGLAS 119263-84313 CUMMINGS, JOHNNIE RAY 7099-34140 Pag e 1 BALANCE TO WRITE-OFF $214.50 $276.50 $304.30 $361.70 $25.19 $260.59 $12.06 $195.16 $350.80 $196 .87 $154 .50 $154.50 $154.50 $91.75 $115.55 $44 .00 $92 .50 $297.11 $225.14 $1,259.64 $154.45 $817 .50 $141 .10 $74 .72 $304.28 $19.75 $79.98 $859.50 $52 .39 $174.07 $64.00 $1,613.16 $237.78 $31.69 $199.52 $192 .65 $185 .00 $294 .50 $114 .37 $515 .93 $120 .00 $155.7 1 $43.2 1 $123.78 $41.65 $173 .19 $51.27 $1,095.09 $271.42 030518a HC BOC Page 20 NAME CURTIS , MARY MCDONALD DADZIE , ANNDITA DAVIS , DAPHNE DEIHL, SCOTT A DICK, RICHARD EARL DICK, YVONNE M DONALDSON , CHRIS DOSS , DEMETRIK DOUGLAS , JOEY EDWARDS, APRIL EDWARDS, JUNIOR ELLEDGE, STEPHANIE ELLIOTT, DUNCAN HARNETT COUNTY DEPT OF PUBLIC UTILITIES QUARTERLY DELINQUENT WRITE OFFS DEC 2014 ACCOUNT# NOTES 110551-10577 FORECLOSURE 179429-23613 BANKRUPT 60111-47566 JUDGEMENT 188299-55697 103419-19486 78951-23593 JUDGEMENT 156755-65895 173713-1652 22697-20584 JUDGEMENT 166977-78022 RET BILL 183835-3929 RET BILL 190039-5973 6753-70311 JUDGEMENT EXCEL OUTREACH CENTER 176671-37792 FARMVIEW MHP LLC 124683-4331 FARMVIEW MHP LLC 124683-4929 FELICIANO, NICHOLAS 145663-8221 FERNANDEZ, LUIS 98765-72600 FOGG, JOHNNY 188189-51678 FOX , THERESA D 174581-48196 RET BILL FRINK, DONNELL 37651-59176 JUDGEMENT GAINES, MARQUITA 181171-34283 GALLOWAY, CHRISTOPHER 182821-5008 GANTT, CHRIS 176021-79950 RET BILL GASTER, JOHN 26815-19127 JUDGEMENT GIBBS , CHRISTOPHER 153611-42423 GOLDEN, MARTIN 79217-62731 GOMEZ, CHARLOTTE A 178037-50315 GOMEZ, HECTOR C 163663-35826 GREEN JR, CONNELL 128899-36669 RET BILL HALCOMB, ANTHONY 42043-3687 HALL, TERRILYN 127305-60963 HARRINGTON , SHERRY 158185-84971 HAWKINS, HOWARD 171843-7667 HAYES , SAMANTHA 184385-63697 HAYNES ,BATYA 118419-81357 HAZEL, JOSHUA 180789-6145 HECKERSON JR , PHILLIP G 107 457-36409 RET BILL HEIL, MATHEW 88911-78921 RET BILL HOFFMAN , PAULA 84925-61355 HOLLEMAN , GARY LANE 66947-5997 JUDGEMENT HOPPER , NICHOLAS H 27119-2276 JUDGEMENT HORNE, MARION L 5015-50597 HORSEY, MIYA LANAY 189717-51531 HORTON, DALMA 53511-76866 JUDGEMENT HOWARD, LETTIE 73095-8053 JUDGEMENT HUDSON , MOLLY 178063-2341 3 HUNTER, ALONZO 7459-71748 HURT, CHRISTOPHER 105601-51303 Page 2 BALANCE TO WRITE-OFF $493.14 $223.82 $664.87 $65.92 $188.18 $323.43 $38 .46 $124 .94 $179 .31 $44 .71 $74.65 $26 .87 $442 .83 $191.37 $402.00 $368 .50 $221.50 $444.00 $50.46 $34.00 $343.00 $34.41 $64.54 $222.7 1 $304.32 $45 .15 $114 .50 $486.30 $19.71 $100.42 $673 .08 $82 .05 $138.85 $157.21 $37 .90 $205 .34 $61.00 $737 .79 $832 .50 $29.40 $119.28 $88 .20 $74.00 $35.57 $62.00 $237.80 $130 .68 $61 .53 $6 5.97 030518a HC BOC Page 21 HARNETT COUNTY DEPT OF PUBLIC UTILITIES QUARTERLY DELINQUENT WRITE OFFS DEC 2014 NAME ACCOUNT# NOTES INGRAM , GERALDS 189169-56488 INGRAM , VERONICA H 104885-76510 JACKSON, TERRY D 7255-58360 JUDGEMENT JACKSON, TIMOTHY 19259-17792 JAMES, JOYCE 99769-75060 JASONS CORNER 22729-72531 JUDGEMENT JOHNSON , KIMBERLY M 184391-50816 JOHNSON , LARRY ANTHONY 9169-70602 JUDGEMENT JOHNSON , OCTEISHA 185157-77525 RET BILL JONES, ALBERT 3401-19387 JUDGEMENT JONES, ARLENE K 187409-74911 JONES, BELINDA 76317-25053 JUDGEMENT JONES, CHARLES H 54309-2287 JUDGEMENT JONES, DON A 119285-17123 JORDAN, JOHN 104345-4922' JUDGEMENT KENNEDY, NIALL 144929-86981 KING , CALANDER D 190499-34295 KNIGHT, RON 21025-5221 LANG , ANDREW 127945-85545 LANIER , BRENDA S 28023-53024 JUDGEMENT LEACH , HORACE GENE 59293-3406 LEE, MARGARET 19283-23605 LEE, TAMMY 185005-51356 LEE , TONYA 17 5495-4 7 569 LEON , CHRISTINA 93099-80824 LITTLE, PATRICIA L 156909-16654 LOCKAMY, JERRY 112101-35427 LOPEZ-GILCHRIST LLC 175757-79644 LOVEJOY, HEATHER C 185605-23452 LUCAS , SYNTHIA 117723-19753 MANGUM , MICHELLE 182363-49764 MARKS , CHARLIE 17813-582 FORECLOSURE MARSHALL, MICHELLE M 179895-23810 MARTIN , JENNIFER 157093-6708 MARTIN , JOY A 177043-70788 MATTHEWS, ROY L 26027-56483 JUDGEMENT MAYNARD , CHRISTY A 185119-43349 RET BILL MAYNOR EST, ELIZABETH W 23215-59691 MCALL, ROBERT 157241-26923 MCCOY, JEAN 30671-66121 JUDGEMENT MCEACHIN, GWENDOLYN 164415-52837 RET BILL MCGINTY, CHARLES 164227-73883 MCKEARIN , PAUL 163867-17435 MCKENZIE, MITCHELL 171865-9246 MCKOY, LARRY 651-69527 JUDGEMENT MCKOY, PERRY 17349-6044 7 JUDGEMENT MCLAUGHLIN , GEORGE 51173-58830 JUDGEMENT MCLAUGHLIN , MARK 143923-8260 RET BILL MCLEAN ESTATE , EVA MAE 111647-84771 Page 3 BALANCE TO WRITE-OFF $105.00 $16.87 $39.00 $398.45 $71 .86 $206.17 $150.01 $362.50 $56 .59 $54 .63 $102 .16 $142 .23 $132 .58 $146.50 $200 .94 $134 .00 $24 .00 $103.40 $427.00 $169 .80 $421 .79 $295 .04 $27.80 $61.97 $511.17 $36 .21 $90.51 $533.20 $38.05 $52.50 $34.72 $86.69 $229.32 $107.77 $104 .62 $4,270.68 $47.59 $3,602.10 $137 .02 $915.92 $32.64 $94.18 $84.42 $196.92 $1 ,210 .62 $637.18 $3.82 $18.50 $60.98 030518a HC BOC Page 22 NAME MCLEAN , JOSEPH WILLIS MCLEAN, KAMONTE MCLEAN, RHONDA MCNEILL , BETTY MCNEILL , TONY MILLER, STEVE MITCHELL, ANITA MOORE, JANET D MOORE, TASHA R MORIN , MICHAELA MURRAY, ROBERT J NORRIS, LOIS NUTTER, TODD OCONNOR, VINCENT ORR, CRISTA PARGO, FRANK PARKER , TIMOTHY HARNETT COUNTY DEPT OF PUBLIC UTILITIES QUARTERLY DELINQUENT WRITE OFFS DEC 2014 ACCOUNT# NOTES 73881-59194 184639-23602 52157-9220 161111-35901 10297-55888 JUDGEMENT 151649-89583 181851-23605 33487-77196 JUDGEMENT 145503-23599 182489-4466 122115-62364 107677-36549 104001-81837 184517-24298 74727-75437 JUDGEMENT 180563-23365 114955-36717 RET BILL PEACHTREE COMMUNITIES LU 162077-92333 PEARSON, SALLY A 180059-68441 PEDRO , FRANCISCO M 112711-41701 PEOPLES , JEROME 151995-4684 PITTMAN SR, NATHAN 161299-88010 PRASUN , FREDERIC 24939-25567 FORECLOSURE RAY, BOBBIE 113993-81216 FORECLOSURE RAY, CECIL 97861 -56086 REAVES ESTATE , WALTER 28987-21162 REGISTER, DEBORAH 155773-4482 RICHMOND, ANGELA 85711-3615 RIEWESTHAL, NORMA 35665-67681 JUDGEMENT ROBINSON , DALILA 190587-58591 SHULTHS,NANCY 186811-50754 SIMMONS , JERLIN 141411 -32888 RET BILL SMITH ESTATE , LIZA T 39865-5083 SMITH , CURTIS 6867-60324 JUDGEMENT SMITH , DADITHA 130661-85661 SMITH, EBONY 161563-71368 SMITH , PHYLLIS M 162089-84696 STEVERSON ,CRYSTAL 101819-70307 JUDGEMENT STEWART, BILLY 35313-39989 JUDGEMENT SURALIE , STEVEN 31741-73704 SWANN , ISLA 143897-20515 TAYLOR , DONTEZ 190029-51049 TAYLOR , SARAH ANNE 188199-68816 TEASLEY, SEBASTIAN 81149-76557 THIELE , QUILLAN 157765-88655 THOMAS , BARRY WAYNE 63381-64563 JUDGEMENT TUDOR , LARRY 87789-49951 JUDGEMENT TURMAN, MARTINA 40355-49165 RET BILL URBINA, DALIA 74543-1555 FORECLOSURE VACHET, JAMIE 181519-24749 WALKER, DAPHANE E 6969-3882 JUDGEMENT WALKER, THOMAS 187795-9809 Page4 BALANCE TO WRITE-OFF $216.41 $163 .02 $308.00 $135 .15 $123 .00 $51 .70 $581 .00 $143.39 $1 ,808.44 $122 .48 $37.00 $1 ,057 .93 $259.00 $42.67 $983.55 $180.53 $605 .26 $194.50 $29 .26 $30.41 $93 .80 $1,266.50 $281 .50 $335 .00 $18.50 $8.50 $25.91 $84.32 $460.95 $147.43 $52 .50 $42 .50 $237 .15 $952 .23 $603 .00 $171 .91 $7 .77 $295 .70 $245.41 $1,916.50 $100.47 $48 .80 $91 .92 $66.35 $1,475.75 $290 .00 $59 .23 $289 .22 $419 .36 $106.27 $314.58 $45.13 030518a HC BOC Page 23 NAME WALTERS, PERRY WEBB, APRIL WELLS, MICHAEL D WHITEHEAD, ADAM WILLIAMS, GEORGE E WILLIAMS, STANLEY S WILSON JR, ROY WOODLIEF, JILL HARNETT COUNTY DEPT OF PUBLIC UTILITIES QUARTERLY DELINQUENT WRITE OFFS DEC 2 014 ACCOUNT# NOTES 107765-36726 121187-1541 RET BILL 176549-91442 88541-53904 129207-3537 RET BILL 157 413-35905 186579-64 787 128837-86462 Pa ge 5 BALANCE TO WRITE-OFF $43 .30 $34 .67 $172 .54 $27 .78 $64 .71 $605.12 $82.43 $15.50 $58 ,817 .22 030518a HC BOC Page 24 Agenda Item __ L./_---=0:::.--_- Board Meeting Agenda Item MEETING DATE: March 5, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Approval of the Master Plan for the Harnett County Library REQUESTED BY: Angela McCauley, Library Director REQUEST: The Hamett County Library respectively requests approval of the Hamett County Library Master Plan for 2018-2023. Based on research, data, and input from citizens, staff, and other constituents, this document focuses on the long-term sustainability of the county's library system and identifies the evolving needs of current and future library patrons. Specific goals and objectives will serve as action steps for meeting identified needs, expanding library services and increasing library resources. If adopted, this document will serve as a guide for improving library services for citizens throughout Hamett County. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S:\libfiles\Consent Agend a Request form -Approval of Library Master Pl an.docx I of I Page 030518a HC BOC Page 25 ,. ..~ . . ,. . ---~--____.:___:_ "'""),( -' ' ~~ ~~ Harnett COUNTY PUB LI C LIBRARY HARNETT COUNTY PUBLIC LIBRARY MASTER PLAN 2018-2023 February 27, 2018 030518a HC BOC Page 26 Acknowledgments We offer a sincere thanks to so many community members who o ffered the gene rosity of their time and insights in developing this plan. That long list includes the following individuals. County Commissioners Abe Elmore Barbara McKoy Joe Miller Vice-Chairman Howard Penny Chairman Gordon Springle County and Municipal Officials Paula Stewart, Interim County Manager Brian Haney, Interim Ass istant County Manager Amanda Bader, County Engineer Coley B. Price , Angier Town Manager Nick Holcomb, Coats Town Manager Steven Neuschafer, Dunn City Manager Snow Bowden, Erwin Town Manager Joseph Jeffries, Lillington Town Manager (former County Manager) Library Board of Trustees Jerry Ennis, Chair Cindy Ramsey, Vice Chair Elaine Blackman Michelle C eballos David Hesselmeyer Margaret House Angela McCauley Barbara McKoy Robert Purtle Betty Wishart Gloria Gulledge Ronnie Vinston Dr. Carol Simonson Friends of the Library Board of Direct ors Cyndi Moss, President Melanie Collins , Treasurer Marcia Johnson, Secretary Carrie Bibbens Judie Cook Peggy McPhail Angela McPhail Consultant Karen Dash Consulting LLC Library Staff Master Planning Team Mike Williams Amanda Davis Jeanne Serrette Teresa Brown Amanda Duntz Autumn Landers Heather Giunta Joanna Cox Katie Whitehead Kim Sirois Laura Bright Mary Atkinson Paula Avery Drew Bryant Michelle Wester Angela McCauley Master Planning Advisory Committee Cyndi Moss Melanie Collins Marcia Johnson Carrie Bibbens Angela McPhail Peggy McPhail Gloria Gulledge Ronnie Vinston Dr. Carol Simonson Shi rle y White-McNeil! Elaine Blackman Jerry En nis Cindy Ramsey Michelle Ceballos David Hesselmeyer Margaret House Barbara McKoy Betty Wishart Billy Barfield 2 030518a HC BOC Page 27 Why Conduct a Master Plan / Feasibility Study? Harnett County's population increased 14 .1 % from 2010 to 2016 (114 ,678 to 130 ,881), making it one of the fastest-growing "micropolitan" areas of the country. As the county has grown, so has the demand for library services. Today, residents make over a quarter of a million visits to our libraries annually, checking out 338,000 items. Nearly 18,000 county residents have enjoyed over 690 library programming events annually. Numerous research studies show the powerful benefits libraries provide to rural communities: for children; for economic growth; for access to government services , including health services; for access to technology and the internet; for community events. County and municipal leaders acknowledge the importance of library services to our growing community. With their support, library leadership, including the Board of Directors and Friends of the Library, sought a new vision for the library system to meet the needs of 2ist century patrons . In doing so, our governmental leaders recognize that much of our growth has occurred in the western third of the county, and commissioned a feasibility study of developing a Western Harnett library branch. Through an LSTA grant from the State Library of North Carolina, this Master Plan and Feasibility Study was developed. -.:a The purpl e areas denote t he 3-mile rood service areas for HCPL branches (53% county coverage) The d ensi ty of new hom e growth since 2015 is indicated by the yell ow, orange, and red. 3 030518a HC BOC Page 28 How Did We Conduct the Planning Process? Over the last year, we have worked with our municipal and county leaders, patrons, staff, board, friends, and other county residents to create a community-based plan. In all, over 700 county residents provided their feedback to the Master Planning process, both patrons and non-patrons. A Comm unit y-base d Plan Commooity Membffl Patrons & Non-patrons Angier Coats -. l ibrary Staff ~ 0,...,, Erwin I Main \ ~ Library Staff Master Planning Team I Master Pun ~Soard " H,rn@tt County > libr•ry Soard and Fnendl Public library ,----Three library Mlst@r Plion patr<r1 focus -,-~ group, Cot11ty I Mlllicipal & Commi11ionto (O<l\ty ""'"'I"" What Vision and Mission Guided our Efforts? Our strong foundational Vision and Mission statements were enhanced to meet our community's priorities. HCPL Vision Statement Supporting the love of reading, the joy of lifelong learning, and the search for information, ideas, and knowledge HCPL Mission Statement The library's mission is to cultivate lifelong learning, empower individuals, and strengthen our community. 4 030518a HC BOC Page 29 WHAT WE LEARNED Our community is passionate about our county's storied history and our bright future! Over 700 people and county leaders participated in surveys, focus groups, and interviews to tell us that: Harnett County citizens are deeply involved in their community, including our libraries, faith organizations, community festivals, our county's parks and outdoor beauty, gardening, and creative arts • Our people find our libraries to be an integral resource for educ ation, community, and economic empowerment • County residents feel welcomed and valued by our professional library staff In a changing world , people find the answers they need within our libraries' collections, programming, and knowledgeable employees • The demand for exemplary library services and collections continues to increase, especially in the growing western part of our county 5 030518a HC BOC Page 30 SUMMARY OF GOALS & OBJECTIVES GOAL 1 GOAL 2 Empower the Economic Development, Student Success, and Personal Growth of Our Communities A. Strengthen support of our Entrepreneurs, Workforce, and Job Seekers B. Partner with local schools to enhance young people's 21s t century literacy and life skills C. Fuel our county's passion for Reading, Personal Growth, and Learning Create Consistently Exemplary Patron Experiences A . Consolidate the county 's branches into a unified library system B. Provide more hours of library access across the county C . Develop county-wide programming for children, teens, and adults D. Bring library resources to where people are 6 030518a HC BOC Page 31 SUMMARY OF GOALS & OBJECTIVES GOAL 3 GOAL 4 Create Library Spaces that are Welcoming to All A. Enhance our library grounds, buildings, and interiors B. Grow collections of materials of cultural relevance and significance C. Configure spaces to provide flexible learning environments equipped with cutting-edge technology D. Develop a Western Harnett Library Branch Develop and Build Strategic Collaborations to Strengthen the Library and our Communities A. Partner with county government and organizations to develop a "One-Stop Shop" for patrons B. Identify additional outreach venues through partnerships C. Seek collaborative opportunities to showcase the best of our community 7 030518a HC BOC Page 32 SUMMARY OF GOALS & OBJECTIVES GOAL 5 Build a Collaborative and Supportive Work Environment that Encourages Innovation A. Build library staff and institutional capacity to innovate B. Challenge employees to respond creatively to library opportunities and challenges C . Utilize rigorou s analysis of user data to provide a positive patron experience ..... ~ Asb,il ... fo, a1NO-ll ll'Wlftltu ....... c...,... ... 8 030518a HC BOC Page 33 GOAL 1 Empower the Economic Development, Student Success, and Personal Growth of Our Communities A. Strengthen support of our Entrepreneurs, Workforce, and Job Seekers • Serve as a hub of information and assistance for job seekers and local businesses • Offer on-demand computer training and job training assistance • Partner with Small Business development agencies to link companies with financial and business support • Provide flexible spaces for meetings and conferences B. Partner with local schools to enhance young people's 21st century literacy and life skills • Expand efforts to instill a love of reading and learning from babies to teens • Work with Teen Advisory Board to develop compelling teen materials and programs, such as "Maker Spaces" or Teen Game Rooms • Partner with public, private, charter, and early college schools and homeschoolers to: ( 1) provide books to children on regular basis; (2) offer supplementary curricula materials; (3)offer access to library databases through school ID ; (4) offer Life Skills classes C. Fuel our County's Passion for Reading, Personal Growth, and Learning • Build community around Harnett 's love of books and book-related programming • Partner with community organizations to offer information and classes to support personal growth • Develop additional literacy-based and educational programming to meet community needs 9 030518a HC BOC Page 34 Harnett County is growing, and we need dynamic entrepreneurs and skilled workers. Some families lack internet access, and our libraries are critical resources for connecting people to today's workforce opportunities. Our citizens told us they look to the library for more hands- on computer classes and /·ob search support. Free sma I business coaching and support, and flexible spaces for small meetings, would support our workforce. The library may offer online links to Small Business Administration opportunities and loans. We met dozens of parents who find the library's children's books and programming indispensable to developing their child's love of reading. Staff members want to create programming to keep teens Just as excited about the library. Serving the needs of the homeschool community as well as schools c an continue to bring books and programming to young people through multiple venues. Longer term , the library will co nsider a partnership with Harnett County Schools utilizing NC Cardinal's Student ID Project initiative which provides K-12 students access to electronic resources including online research databases, e-books, and e- audiobooks. Harnett's people have dynamic and varied interests that the library and its partners are well-positioned to serve! Our community seeks library classes on Health and Wellness , Cooking, Gardening, Genealogy, Financial Planning/Money Management and other topics. To fuel our community's love of reading, the library may consider Author Events , book- related Movie Nights, and additional community reading programs. GOAL 1 10 030518a HC BOC Page 35 GOAL2 Create Consistently Exemplary Patron Experiences A. Consolidate the county's branches into a unified library system • Establish Consolidation Planning Team to develop unified policies and procedures • In consolidated county system , increase programming, personnel , and branch book budgets while preserving local autonomy B. Provide more hours of library access across the county • Consolidation may budget for additional personnel to support increased hours at all branches C. Develop county-wide programming for children, teens, and adults • Under consolidated system , supplement local programming through coordinated Children's, Teens , and Adult programming from main branch D. Bring library resources to where people are • Consider implementation of "Pop-Up " libraries as independent locations or at partner locations across the county • Purchase bookmobile to provide services across county 1 1 030518a HC BOC Page 36 Consolidate the 6 branches into a unified Harnett County Public Library System. We frequently heard that patrons expect an outstanding and consistent experience in every branch of the library. Nearly half of all respondents ranked the purchase of more books and additional programming and events as top priorities. Many staff and citizens wanted more library hours. Today, the Main library offers many "back office" services and systems to the branch libraries . With consolidation, Harn ett' s citizens would benefit from economies of scale that allow for expanded collections and staff. Additionally, consolidating library expertise and resources would lead to more effective deployment of library staff and assets throughout the county. At the same time, local flavor would be maintained as branch libraries continue to select collections based on their local patrons' needs. With increased staffing, branch libraries would be able to offer more hours of service, which would especially benefit working families. Children's, Teen, and Adult Programming at the Main Branch could be expanded to supplement each of the branch libraries' programs. Main Branch staff could rotate among the different libraries on a set schedule each week. GOAL2 12 030518a HC BOC Page 37 GOAL3 Create Library Spaces that are Welcoming to All A. Enhance our library grounds, buildings, and interiors • Enhance or develop new library branding and logo for all branches • Increase street signage at branch locations • Consider funded, pro bono, or volunteer committee options for refreshing library branch landscaping, grounds, or interiors B. Grow collections of materials of cultural relevance and significance • Increase collections of materials related to the interests of 2017 Community Survey respondents • Consider offering unconventional items for checkout, including those related to patron interests and educational needs, such as gardening tools and microscopes (if liability considered) • Grow collections in the languages of new residents C. Configure spaces to provide flexible learning environments equipped with cutting-edge technology • Replace older furniture and tables/desks with flexible options to meet needs of varying groups • Update all libraries to provide access to contemporary technology and innovation D. Develop a Western Harnett Library Branch • Short-Term : Establish 2,000-5,000 square foot library in rental facility near family-friendly organizations • May supplement with 1-2 "Pop-Up" libraries in area • Medium/Long-Term: County may build 8,000-10 ,000 square foot stand-alone library or build county government center including library branch 13 030518a HC BOC Page 38 -~1-\ Harnett · COUNTY LIBRARY Establish a Western Harnett Branch. Nearly 48,000 people in western Harnett live without local library service; many are over 15 miles from the nearest branch. The success of the Boone Trail Recreational Library shows the demand for and value of a western library branch. Nearly 16% of our survey respondents were residents of western or southwestern Harnett. Most emphasized the great need for library services . We met one grandmother who drove 45 minutes each way to take her grandson to Storytime every week. In addition to meeting demand, a new branch can be a good long-term investment for the county. Research suggests that a $ l investment in library services can accrue a $4.99 return on investment to a community. Recognizing the time and expense of building a new branch, we suggest both short and longer-term solutions. The need is too great to wait. Key to the proposed branch's success is easy accessibility, ideally near other family-friendly establishments. In the short-term, a 2,000-5,000 sq ft branch might be sited • NC87 near future YMCA • Spout Springs Shopping Mall near Highland Middle School • Centennial Parkway near Lexington Woods and future Rainbow Rascals Day Care In the medium/long-term, the county may consider building an 8,000-l 0,000 sq. ft. standalone library or developing a western county government services building, which includes a library branch. While utilizing county land is most cost-effective, the location should be in a high-use corridor or one anticipating future growth. GOAL3 14 030518a HC BOC Page 39 GOAL4 Develop and Build Strategic Collaborations to Strengthen the Library and our Communities A. Partner with county government and organizations to develop a "One-Stop Shop" for patrons • Consider partnerships and joint programming with county agencies and nonprofits • Dedicate a kiosk to information regarding government or nonprofit services • Host a "Government/Nonprofit Services Day" to disseminate information about agencies • Offer monthly free legal clinics through local partnerships B. Identify additional outreach venues through partnerships • Seek opportunities and partnerships to enhance early childhood initiatives • Identify partner spaces to offer programming and outreach C. Seek collaborative opportunities to showcase the best of our community • Partner with county organizations to deliver library programming throughout community • Seek partnerships to display community's artwork or other projects 15 030518a HC BOC Page 40 Especially in rural counties, partnering to share expertise and resources makes the most of precious assets. Harnett is fortunate to host numerous government, nonprofit, and private organizations which enrich the lives of our citizens. However, in a county so vast , getting to various locations involves significant time and effort. The library may wish to position itself as a "One- Stop Shop" for information on services available to county residents . The library might invest further in strategic partnerships with county agencies, including health, social services , veteran serv1ce s, schools , youth ser vices, economic development, etc. to educate and support residents . At the same time, the library's expertise may enhance early childhood efforts of various organizations, particularly reading and literacy. The library may also help parents of young children to g _et linked to other services. Partnerships with other agencies, such as county parks, theaters/art spaces, day care/senior care facilities, can offer outreach and programming outside the library's doors . Our citizens enjoy celebrating their community. The library might showcase displays of local artists ' work, student art work, Science Fair winners' projects , etc. With some planning, the library might host small performance art shows. GOAL4 16 030518a HC BOC Page 41 GOALS Build a Collaborative and Supportive Work Environment that Encourages Innovation A. Build library staff and institutional capacity to innovate • Seek out or develop cutting-edge professional development opportunities for employees • Increase staff to meet county's demands for new services and programming , especially with Consolidation and Western Branch • Acquire new space to house additional staff as needed B. Challenge employees to respond creatively to library opportunities and challenges • Tap into staff expertise to manage development of protocols, policies, and systems to manage new demands C. Utilize rigorous analysis of user data to provide a positive patron experience • Conduct periodic public opinion research to identify new c ommunity needs • Continue ongoing analysis of circulation trends to target patron preferences & needs • Strengthen outcomes for library users by utilizing data and information gathered from patron satisfaction surveys 17 030518a HC BOC Page 42 Our six libraries' staff are the core strength of our library system. Many people spoke warmly of the HCPL employees, praising them for their knowledge and professionalism. The challenges of evolving service demands, as well as potential Consolidation and the development of a Western Harnett branch, will rely heavily on staff expertise . To support staff, HCPL may seek out or create innovative professional development that equips employees with the technical skills and knowledge to navigate these challenges. Additionally, the library may budget for additional staff to support demands for more hours of service and increased "back office" support. Just as the Staff Master Planning Team provided critical insights to the development of this plan, employees possess a wealth of knowledge that can support these transitions . Harnett County Library already collects and analyzes significant patron data. The library may wish to continue collecting user preference and satisfaction data in the form of surveys, focus groups, or interviews on an annual or biennial basis in order to stay informed of changing demand . GOALS 18 030518a HC BOC Page 43 KEY PERFORMANCE MEASURES As a state-funded library, the Harnett County Public Library system already collects significant data which can be utilized to measure implementation effectiveness. At a baseline, we would recommend review of the following performance metrics. Performance Metrics (by library branch) Circulation • By New Patrons and Active Borrowers • Holds sent/received Intra- Harnett and through Cardinal • Items Added/Deleted Programming Attendance • Children's Programs • Children's Attendance • Young Adult Programs • Young Adult Attendance • Adult Programs • Adult Attendance • Meeting Room Programs • Meeting Room Attendance • Programs by Branch • Attendance by Branch Staff Productivity • Door Count • Hours Open • Reference Questions Answered • Tech/Computer Questions • Job/Career Questions Patron Satisfaction • Patron Satisfaction Surveys • Patron Evaluation of New Programs • Staff Satisfaction • # New Patrons Outreach (OR) • Children's Programs • Children's Attendance • Adult Programs • Adult Attendance • # New Partnerships Technology Utilization • PC Reservation Sessions • Envisionware Print jobs 19 030518a HC BOC Page 44 KEY IMPLEMENTATION MILESTONES To begin implementation of key recommendations, we recommend the following high-level milestones/metrics based on the Master Plan Approval date, with timing to be adjusted as county priorities, library staffing, and budgeting allow. Key Implementation Recommendations Consolidation • Finalization of Financial Step-Down (75-50-25) • Final proposed budget and staffing plans • Agreement among Municipal and County Officials • County Commissioner Approval • Hiring of new staff as needed • Transition of branch employees to county • Establish Staff teams to develop uniform Policies & Procedures • Development of Library Programming expansion plans/schedule • Consider refreshing HCPL "brand" • Full Implementation of Consolidation Western Harnett Branch • County Commissioner Approval of Western Harnett budget • Establish Staff Team/Board to support expansion • Development of proposed budget & staffing plan • Site selection/negotiation for short-term rental location • Selection of retrofit vendors/contractors • Retrofit space as needed for library use, including technology • Consider Long-Term configuration (Stand-alone library or part of government complex) • Consider Site Selection for proposed configuration • Develop Request for Proposal & select Architect • Finalize configuration and site selection • Develop Request for Proposal for Bids • Selection of construction Vendors • Building of configuration Proposed Date Month 3 Month 4 Month 6 Month 6 Month 9 Month 9 Month 10 Month 11 Month 12 Month 12 Month 3 Month 3 Month 4 Month 6 Month 6 Month 9 Month 12 Month 15 Month 18 Month 24 Month 26 Month 30 Month 36 20 030518a HC BOC Page 45 KEY IMPLEMENTATION MILESTONES To begin implementation of key recommendations, we recommend the following high-level milestones based on the Master Plan Approval date , with timing to be adjusted as county priorities , library staffing, and budgeting allow. Key Implementation Recommendations Strategic Partnerships • Establish Staff Strategic Partnership Committee • Develop list of potential governmental, nonprofit, faith, business, etc . partners and/or venues through which to expand library programming and outreach · • Identify locations in library to promote "One-Stop Shop" for information about county services • Develop list of benefits to partnering with library, perhaps brief brochure • Contact organizations to discuss potential partnerships • Meet with local organizations to promote partnerships with library • Continue to work with partners to expand programming opportunities Build Staff and Institutional Capacity • Provide ongoing updates to staff re status of implementation, especially of potential Consolidation & Western Branch • Establish Staff Development Committee • Canvass staff and managers about training and development needs • Work with State Library or other libraries to identify training resources • As needed, increase budgets for training • As needed, increase budgets for staffing & space • Provide training to staff • Locate/negotiate space for additional staff • Hire new staff as needed to support transitions • Canvass staff and managers re ongoing support Proposed Date Month 1 Month 2 Month 3 Month 4 Month 6 Month 6 ongoing Month 1 Month 2 Month 3 Month 6 Month 6 Month 6 Month 9 Month 9 Month 10 ongoing 21 030518a HC BOC Page 46 ADDITIONAL RESOURCES Research reviewed in the course of this Master Plan includes the following: • US Census Data, US Census Quickfacts • Harnett County GIS (https://gis.harnett.org) • Pearl C. Akanwa, "Public Library Services to Children in Rural Areas," Library Philosophy and Practice, 2013 • Paul T Jaeger and Kenneth R Fleischmann, "Public Libraries, Values, Trust , and E-Government," Information Technology and Libraries , 2007 • Brian Real, Ph.D ., and R. Norman Rose, "Rural Libraries in the Untied States," American Library Association, 2017 • Nicolle Steffen et al, "Public Libraries -A Wise Investment," Library Research Service, 2009 Background information regarding the community stakeholder research is also available upon request. Please note: Illustrations on pages 6-7 are court esy of C reative Commons. 22 030518a HC BOC Page 47 Board Meeting Agenda Item Agenda Item L/ -f ------ MEETING DATE: March 5, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Construction Manager at Risk REQUESTED BY: Amanda Bader, PE, County Engineer REQUEST: Requests approval of Construction Manager at Risk contract with Balfour Beatty for Preconstruction, Construction, and Post Construction Services for the Government Complex South and the addition to the DSS building. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P :\BOC\agendafonn2 018.docx Page I of I 030518a HC BOC Page 48 ~(~ Harnett COUNTY NORTH CAROLINA HARNETTCOUNTYAGREEMENTFOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF THE GOVERNMENT COMPLEX SOUTH FACILITY AND RENOVATION OF EXISTING HARNETT COUNTY DEPARTMENT OF SOCIAL SERVICES FACILITY This AGREEM ENT is made and effective on this date : October_, 2017 BETWEEN The Owne r: HARNETT COUNTY And the Construction Manag er (hereinafter referred to as the "CM"): Balfour Beatty Construction, LLC. For service s in c onnection with the Project known as: Construction of the Government Complex South Facility, and the renovation of the existing Harnett County Department of Social Services facility located in Lillington, North Carolina. A s further described in Articl e 2 For w hich the Design er is: Little Divers ified Architectura l C onsultants, along w ith its s ub-c ons ultants . TABLE OF CONTENTS: 1. A UTHORIZATION AND STATEMENT OF INTENT ............................................................................. 4 2 . DEFINITIONS AND GENERAL REQUIREMENTS ............................................................................... 4 3 . R E SPON SIBILITIES OF THE OWNER ................................................................................................... 6 4. RESPONSIBILITIES OF THE DESIGNER .............................................................................................. 8 5 . SEPARATE CONTRACTS BY OWNER .................................................................................................. 8 6 . CM SERVIC ES ........................................................................................................................................... 9 7. CM COMPENSATION ............................................................................................................................. 14 8 . G U ARANTEED MAXIMUM PRICE ...................................................................................................... 17 9. PAYMENT PROVISIONS ....................................................................................................................... 18 10. C M CON TINGENCY ............................................................................................................................... 24 11 . BONDS REQUIRED FROM THE C M .................................................................................................... 25 12. DESIGN S UPPORT BY THE C M ............................................................................................................ 25 030518a HC BOC Page 49 13. PERMITS AND APPROVALS BY REG ULATORY AGENCIES .......................................................... 26 14. PROCUREMENT OF CONTRACTS WITH CONTRACTORS ............................................................ 27 15. WORK BY CM ......................................................................................................................................... 29 16. PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS ..................................................... 29 17. OWNERSHIP OF DOCUMENTS ............................................................................................................ 30 18. CONTRACTOR SU BMITTALS AND REQUESTS FOR INFORMATION .......................................... 31 19. USE OF PREMISES, SITE CONDUCT, AND SAFETY AND PROTECTION OF PROPERTY ......... 31 20. ENVIRONMENT AL PROTECTION ...................................................................................................... 33 21. INSU RA NCE AND INDEM NITY ............................................................................................................ 33 22. TIME FOR PERFORMANCE, SCHEDULING AND PROGRESS MAI NTENANCE ..................•...... 39 23. SUSPENSION OF THE WORK BY THE OWNE R ................................................................................ 45 24. COST CONTROL ..................................................................................................................................... 46 25. CHANGES TO THE GUARANTEED MAXIMUM PRICE ................................................................... 49 26. TERMINATION OF THE WORK FOR THE CONVENIENCE OF THE OWNER ............................. 50 27 . NON-APPROPRIATION OF FUNDS ...................................................................................................... 51 28. TERMINATION OF THE AGREEMENT DUE TO DEFA ULT ............................................................ 52 29 . ADDITIONAL TERMINATION PROVISIONS ..................................................................................... 53 30. O CCUPANCY AND USE BY THE OWNER; SUBSTANTIAL COM PLETION .................................. 53 31. FINAL INSPECTION AND ACCEPTANCE .......................................................................................... 54 32. QUALITY ASS URAN CE, WARRANTIES AND GUARANTEES ......................................................... 54 33. TESTING AND INSPECTIONS ............................................................................................................... 55 34. CORRECTION AND COM PLETION OF WORK BY THE OWNER .................................................. 56 35. DISPUTE RESOLUTION ......................................................................................................................... 57 36. MISCELLANEO US PROVISIONS ......................................................................................................... 57 APPENDICES A --Dispute Resolution Procedures for Harnett County Building Construction and Renovation Projects B -Preliminary General List of Cost Elements C -Balfour Beatty Local & Minority Participation Plan D -Outline of Summary Report for G uaranteed Maximum Price Packages E --Project and Construction Budget F --Master Schedule G --Ba lfour Beatty Proposal October 18 , 20 17 2 030518a HC BOC Page 50 H --Guaranteed Maximum Price Flow Diagram I -Agreement for Transfer of Documents in Machine Readable Form When the Owner Owns the Instruments of Service. J -Key Financial Terms Sheet October 18 , 2017 3 030518a HC BOC Page 51 The Owner and CM, in consideration of their mutual covenants herein, agree as set forth below: 1. Authorization and Statement oflntent 1.1. Statutory Authority: This Agreement is entered into in accordance with and shall be governed by N.C. Gen. Stat. § 143-128.1 and other sections of Chapter 143 , Article 8 of the North Carolina General Statutes relating to construction management at risk contracts. 1.2. Management Services: The CM covenants with the Owner to furnish professional construction management services during the Project. In broad terms, the CM will perform preconstruction and construction services, which will include preparation and coordination of bid packages, scheduling, cost control, change order proposal and payment application reviews, efficient value engineering reviews and project management, business administration, field supervision and all other services required by this Agreement. The CM further covenants that it will strive to put the interests of the Project first and finish the Project on time and within budget. Reports and reviews required of the CM under this Agreement will be performed rigorously and will be presented in formats approved by and acceptable to the Owner. Notwithstanding the forego ing, CM shall have no obligation to provide professional design or engineering services for the Project except as expressly and specifically provided herein. 1.3. Guaranteed Maximum Price: The CM shall, in accordance with law and this Agreement, guarantee the cost of the Project by giving a Guaranteed Maximum Price on the terms and by the dates set forth in this Agreement. Once the Guaranteed Maximum Price is fixed by the CM, the Guaranteed Maximum Price may only be changed in accordance with the terms of this Agreement. 1.4. Codes and Standards: The CM shall use its best efforts to complete the Work of the Project in the best and most expeditious, economical manner consistent with the interest s of the Owner, and in strict conformity with the Contract Documents, including all reasonable implications therein, and to furnish it s skill and judgment with due care in accordance with applicable federal , state, and local Jaws and re g ulations that are in effect during the tem1 of thi s Agreement and govern performance of the Work by the CM. 1.5. Licenses: The CM represents and warrants that it is qualified and in good standing to do business in the State of North Carolina, and that it possesses a ll of the licenses and permits required to provide the services required by this Agreement, including without limitation an unlimited North Carolina General Contractors License that is either unclassified or is classified for the Work undertaken by the CM pursuant to thi s Agreement. 2. Definitions and General Requirements 2.1. Terms used in this Agreement shall have the meanings given below, unless the context requires a different interpretation or meaning. Additional terms are defined elsewhere in the Agreement as they occur. 2.2. Agreement: This Agreement between the Owner and the CM, including all modifications and addenda to this Agreement during the course of the Project. 2.3. Bid Packages: Documents prepared by the CM in cooperation with the Designer and the Owner for the purpose of accurately and completely defining and procuring portions of the Work to be performed by Contractors. Such documents may include invitations to bid, in structions to bidders, forms of proposals, contract terms and conditions, forms of bonds, drawings and specifications that describe the scope of Work for a particular portion of the Work, plus any other documents that the CM believes are appropriate for a bid package. O ctober 18, 2017 4 030518a HC BOC Page 52 2.4. Contract Documents: The Contract Documents include this Agreement, plus the Drawings and Specifications prepared by the Designer, plus allowable modifications to the Contract Documents. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If the CM find s a conflict, error or discrepancy in the Contract Documents, the CM s hall notify the De s igner in writing before proceeding with the Work affected thereby. In resolving such conflicts, errors and discrepancies, the Contract Documents shall be given preference in the following order: Modifications to the Agreement, the Agreement, Addenda, Specifications, and Drawings . Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which, so applied, have a well-known technical trade meaning shall be deemed to refer to such meaning and to incorporate any recognized standards which are a part of such meaning. 2.5. Contractors: Contractors include all persons, including contractors, subcontractors, material suppliers and equipment lessors, who enter into contracts with the CM to provide and perform portions of the Work. 2.6. Cost of the Work: The term "Cost of the Work" s hall include all amounts paid by the CM for the Work of the Project as described in the Drawings and Specifications developed by the Designer, excluding only CMs Fee (no fee on Fee). The Cost of the Work shall be adjusted for all discounts obtained on payments by the CM or any Contractor, which shall be for the benefit of the Project and the Owner. Trade discounts , rebates , refunds , and amounts received from sales of surplus or salvaged material s and equipment s hall accrue to the Owner, and the CM shall make provisions so they can be secured and will reduce the Guaranteed Maximum Price accordingly. Amounts which accrue to the Owner in accordance with thi s paragraph shall be accounted for and credited to the Owner as a deduction from the Cost of the Work. The Cost of the Work s hall not include the following: 2.6.1. The CM's Fee; 2.6.2. All profess ional fees paid by the Owner to the Designer or other consultants retained directly by the Owner; 2.6.3. All costs paid directl y by the Owner to contractors or su ppliers retained directly by the Owner and outside the scope of the Guaranteed Maximum Price. 2.7. Designer: Designer refers to the prime architect for the Project, collectively with all sub- consultants retained by the Designer to pe rform the services required of the Designer under its contract with the Owner. 2.8. Drawings and Specifications: Drawings and Specifications are the graphical and textual work product of the Designer that describes the Project and the Work of the Project. Unless the context clearly indicates that a reference to Drawings and Specifications means draft or preliminary Drawings and Specifications, the term s hall refer to Drawings and Specifications th at bear the seal of the Designer and have been released for permitting and construction. Drawings and Specifications includes all addenda and revi sed Drawings and Specifications issued during the course of the Project. 2.9. Final Completion: Final Completion refers to that stage in the Project when th e Owner has taken beneficial occupancy, all punch lists have been completed, all as-built drawings, operations and maintenance manuals, warranties and other Project records have been delivered, all waivers and releases have been ne gotiated and executed, all consents of surety to final payment have be en delivered, and all other requirements of this Agreement relating October 18 , 2017 5 030518a HC BOC Page 53 to Final Completion have been met, so that Final Payment to the CM can be made by the Owner. 2. I 0. Guaranteed Maximum Price or GMP: The GMP is the s um of the Cost of the Work, the CM General Conditions, the CM Conti ngency , and the CM Fee. The procedure for fixing the GMP shall be as set forth in this Agreement. 2.11. Program: The Program is the document entitled "Government Complex South Facility and renovation of the existing Harnett County Department of Social Services Facility" 2. I 2. Project: The term "Project " when used in this Agreement shall mean the total construction of the Government Complex South Facility and renovation of the existing Harnett County Department of Social Services facility. The Project is defined in more detail in the Request for Qualifications referred to herein as the "RFQ" and in the Program. 2. I 3. Request for Qualifications or RFQ: The RFQ is the Request for Qualifications - Construction Manager at Risk, for the Project. The RFQ is incorporated into this Agreement for the sole purpose of identifying the Project, identifying the general program for the Project, and identifying the general scope of services required of the CM as part of the Project. To the extent anything in the RFQ contradicts or conflicts with the provisions of this Agreement, the provi sions of this Agreement will govern. 2. 14 . Substantial Completion: Substantial Completion is the point in time when the Work, as determined by the Designer, is sufficiently complete in accordance with the Contract Documents that it can be utilized by the Owner for its intended use, and all necessary permits, certifications and permissions for beneficial occupancy and utilization having been obtained by the CM. 2.15. Value Engineering: Value Engineering is the process of reviewing the cost of major construction components of the Project and evaluating the cost savings that might be achieved by substituting alternative materials and systems while still achieving stated design, engineering, and functional objectives and requirements. Value engineeri n g proposals and other substitution proposals are not a substitute for properly documented and executed change orders or other modifications of the Contract Documents. In providing "value engineering", CM shall not be obligated to provide professional design or engineering services, such services to be provided by the Designer. 2.16. Work: The term "Work" required for the Project used in thi s Agreement shall mean the various parts of total construction to be performed under this Agreement, generally including labor, materials, supplie s equipment and related serv ic es provided by Contractors or, in appropriate circumstances as defined in this Agreement and N.C. Gen. St at. § 143-128.1 , by the CM. 3. Responsibilities of the Owner 3.1. In addition to the other responsibilities assumed by the Owner under this Agreement, the Owner shall have the following responsibilities: 3.2. Program: The Owner shall provide to the CM complete information re garding the Owner's requirements for the Project. 3.3. Decisions: The Owner shall examine information submitted by the CM and shall render decisions thereon so as not to delay the progress of the Work. 3.4. Approvals: The Owner s hall furnish required information and approvals and perform its responsibilities and activities in a timely manner so as not to delay the progress of the Work and to facilitate orderly progress of the Work in cooperation with the CM, consistent with October 18 , 20 17 6 030518a HC BOC Page 54 this Agreement, and in accordance with the planning and scheduling requirements and budgetary restraints of the Project. 3.5. Designer: The Owner shall retain a Designer whose services, duties and responsibilities s hall be described in a written agreement between the Owner and Designer. The services, duties, and responsibilities of the Designer set out in the agreement between the Owner and Designer shall be compatible and consistent with this Agreement and the Contract Documents. The Owner sha ll , in its agreement with the Designer, require that the Designer perform its services in cooperation with the CM, consistent with this Agreement and in accordance with the planning, scheduling and budgetary requirements of the Project as determined by the Owner. The terms and conditions of the agreement between the Owner and the Designer shall not be changed or waived without written notice to the CM provided at the time of the change or revision. 3.6. Funding and Budget: The Owner has established a preliminary Project and Construction Budget and has included this information in the Program prov ided to the CM. Cash flow available for the Project was provided to the CM in the RFQ. Subsequent rev is ions deemed acceptable to the Owner will be approved as provided in this Agreement. 3.7. Milestone Schedule: In addition to the Project program and budget, the Owner will provide the CM with li st s or schedule s of any dates that are critical to the Owner, s uch as vacancy and occupancy dates, meeting dates and funding deadlines. 3 .8. Permits and Approvals: Except as set forth in Article 13, with the cooperation and assistance of the CM and the Contractors as set forth in this Agreement, the Owner shall in a timely manner secure, submit and pay for necessary approvals, easements, assessments, permits and charges required for the construction , use or occupancy of permanent structures, or for permanent changes in existing facilities. 3.9. Communication with Contractors: The Owner, its representatives and consultants, including Designers, s hall communicate w ith the Contractors only through the CM. 3 .10 . Copies of Notices and Communication: The Owner shall send to the CM and s hall require the Designer to send to the CM copies of all noti ces and communications sent to or received by the Owner or Des igner relating to the Project that are pertinent to the CM 's ability to perform it s obli gation s under thi s Agreement. 3.11. Owner's Representative: The Owner designates its Public Utilities Director to serve as the Owner's point of contact and to ac t on the Owner's behalf with respect to the Project. This representative shall be available during working hours and as often as may be required to render deci s ions and furnish information in a timely manner. The Owner's Represe ntat iv e s hall have access to the site of the Project at all times, subject only to any safety and security p.lan implemented by the CM with the approval of the Owner. The CM acknowledges that more than one individual might be designated as the Owner's Representative at different times and for different purposes. The CM also acknowledges that some changes to this Agreement and to the Project might require authorization by the County Commissioners and execution by the County Manager in addition to authorization by the Owner's Representative. 3 .12. Payments to CM: The Owner s hall make payments to the CM on th e basis of th e Contractor's payment applications that are certified by the Designer. The Owner shall not be bound by the payment certification s by the Designer, and retains th e right to make its own determinations as to whether payment is due and in what amount. October 18 , 2017 7 030518a HC BOC Page 55 4. Responsibilities of the Designer 4.1. In providing construction management services described in this Agreement, the CM shall maintain a working relationship with the Designer. The Designer is solely responsible for the Project design and shall perform in accordance with the Designer agreement with the Owner. Nothing in this Agreement shall be construed to mean that the CM is responsible for the design of the Project or that the CM assumes any of the contractual or customary duties of the Designer or any other persons or parties not specified by this Agreement. The CM and the Designer shall each be provided with a copy of the other's contract with the Owner. 4.2. Drawings and Specifications: The Designer shall prepare the overall Drawings, and 4.3. Specifications for the Project. The Designer shall cooperate with the CM to divide the Drawings and Specifications for the CM 's bid packages for the Contractors. 4.4. Shop Drawings and Special Systems Calculations: As more fully set forth in this Agreement and the Contract Documents, the Owner and the Designer may delegate responsibility to the CM and its Contractors to submit fabrication , erection and other such shop drawings, and to provide detailed designs for specific systems and building components, including generally and without limitation fire protection shop drawings, curtain/window wall calculations, precast connection and panel design drawings and structural connection design drawings from the Contractors and their duly licensed design professionals as required by the Contract Documents. The CM and its Contractors shall provide professional liability insurance as required by Section 21. 17. 4 .5. Minor Changes: The Designer shall have the authority to order minor changes in the Project consistent with the intent of the Drawings and Specifications and not involving an adjustment in the Guaranteed Maximum Price or change of the construction completion date. Such changes may be effected by written order only. 4.6. The Designer shall have the other duties and responsibilities described in this Agreement and in the agreement between the Owner and the Designer. 5. Separate Contracts by Owner 5.1. Tests and Inspections: The Owner reserves the right to retain the services of geotechnical engineers, environmental engineers or geologists, testing and materials inspectors, special inspections inspectors, and commissioning agents (generally referred to in this Agreement as "Consultants") to help the Owner meet its responsibilities under the Agreement and to monitor the quality of construction by the CM and the Contractors. 5.2. Work of the Project: The Owner reserves the right to contract separately with other entities to complete portions of the Work of the Project, or to deploy its own employees to complete portions of the Work. 5.3. Furniture, Fixtures, Equipment and Signage: The Owner may elect to contract separately for furniture , fixtures , equipment, signage, and other similar building components. Plans and s pecifications for furniture, fixture s, equipment, signage and other such components shall be prepared by the Designer in conjunction with the Owner, and communicated to the CM. 5.4. If the Owner contracts separately with any other parties, the Owner shall cause all such agreements to be compatible and consistent with this Agreement. Each of the agreements shall include waiver of subrogation a s required herein. The CM agrees to cooperate with the Owner and its separate contractors and coordinate the Work of all parties, including the Owner's forces or s eparate contractors. Provided the CM has reasonable advance notice of the identity and duties of separate contractors, the CM agrees to include coordination and support of the Owner's separate contractors in the Master Schedule and in its General October 18 , 20 17 8 030518a HC BOC Page 56 Conditions costs. Disputes or conflicts between the CM, the Owner and any separate contractors shall be subject to dispute resolution in accordance with the dispute resolution provisions in Appendix A. 6. CM Services 6.1. The CM shall perform the services described in this Agreement. The sequence in which the services are provided s hall be as set forth in the approved Construction Management Plan. 6.2. General Scope of Services: The general scope of services required of the CM is described in Section V of the RFQ. 6.3 . Duration: The commencement date for the CM 's services shall be the date of execution of this Agreement by the Owner as stated herein or the date on which the Owner issues to the CM a written instruction to proceed with services, whichever is earlier. The duration of the CM's services under this Agreement shall be from the date of this Agreement through the issuance of the certificate of Final Completion, or to the end of the one-year CM warranty phase services, whichever is later. 6.4. CM Staffing: The services to be provided by the CM under this Agreement shall be performed by personnel identified by the CM, and approved by the Owner, before commencing services. The furnishing of service s by such personnel throughout the duration of the Project, and any individuals approved by the Owner to replace them, is of the essence to this Agreement. 6.4.1. 6.4.2. 6.4.3. October 18, 20 17 Additions, Removals, Replacements: From time to time, personnel may be added as necessary and appropriate to the stage of planning, programming, de s igning and constructing the Project. The CM shall not, for so long as any ap prove d person is employed by the CM, remove, substitute or reduce the time devoted to the Project by such person without the Owner's prior written approval, which may be granted or withheld in its sole discretion. If the Owner is for any reaso n di ssati sfied with the service s rendered by any approved person, the CM s hall promptly remove such person and recommend a replacement. If any approved person ceases employment with the CM, or if the Owner requests the removal of a ny such person, then the CM shall promptly notify the Owner of a proposed substitute of at least equal qualifications to perform the same functions, and provide a resume for the substitute. Each substitute must be approved by the Owner prior to commencing performance of any services for the Project, which approval s hall not be unreasonably withheld The CM s hall bear, at its own expense and without re imburse ment by the Owner, all costs associated with replacing, for any reason , any approved personnel. The CM sh all remain solely respons ible to the Owner, notwithstanding the Owner's approval of any approved personnel , for the quality and performance of all service s provided by such personnel. CM's Project Representative: The CM shall designate a Project Representative who ha s the authority to act on behalf of the CM in respect to all matters that are the s ubject of thi s Agreement, including without limitation the power and authority to enter into agreements or modifications that contractually bind the CM. The Project Representative shall be available at all times during all phases of performance of services under this Agreement to consult with the Owner on matters pertinent to design and construction of the Project. The CM s ha ll be an independent contractor, not an employee, agent, joint venturer, or partner of the Owner, and shall not have authority to act on behalf of th e Owner. The CM shall have complete and sole responsibility for and control over its employees, agents, representati ves, and s ubcontractors, and the means and methods of providing 9 030518a HC BOC Page 57 the Work. The CM shall employ no person whose employment on or in connection with the Project may be objectionable to the Owner and shall remove any such person when objected to by the Owner; all upon reasonable grounds. 6.4.4. The Owner and the Owner's Representative shall not be responsible for the acts of the CM or the CM's representatives while performing under this Agreement, whether on the site or elsewhere, and the CM shall not have authority to speak for, represent, or obligate the Owner in any way without additional prior written authority. 6.4.5. CM 's Employees: None of the persons employed by the CM shall be considered employees of the Owner. The CM shall be solely responsible for any workers' compensation obligations, withholding taxes, unemployment insurance, compliance with immigration and licen sing laws, and any other employer obligations with respect to all of their employees. 6.5. Consultants to the Owner: If requested by the Owner, the CM shall assist the Owner in the selection of the Owner's Consultants by developing lists of potential firms, developing criteria for selection , preparing and transmitting the requests for proposal, assisting in reviewing written proposals, assisting in conducting interviews, evaluating candidates and making recommendations. If requested by the Owner, the CM s hall conduct or assist the Owner in conducting orientation sessions during which the Consultants s hall receive information regarding the Project scope, schedule, budget, and administrative requirements. 6.6. The CM shall assist the Owner in public relations activities and shall prepare information for and attend public meetings regarding the Project as reasonably required by the Owner. 6.7. Inspection of the Project Site and Site Logistics: The CM represents that it has examined the s it e of the Project, as well as the surrounding area, and is informed regarding a ll of the conditions affecting the services to be furnished under this Agreement, including the existence of all utilities and other structures of municipal and other public service corporations to the extent the information was provided by the Owner. 6.7.1. 6.7.2. Prior to commencement of demolition on the s it e, the CM will develop a plan for site logistics, including plans for ingress and egress, street right-of-way encroachments (including lane and sidewalk closures), signage, storage of materials and equ ipm ent, s ite offices, temporary utilities, staging, hoists and cranes, waste disposal, security, and any other logistical issues that could affect performance of the Work and General Conditions to be provided by the CM. The CM accepts a continuing duty during the course of the Project to make reasonable inquiry and in spection of information relevant to the s it e of the Project. The CM sh all make reasonable inquiry, based on the CM's best knowledge and judgment as to the reasonableness of any data it is provided for it s use in performing the services required by thi s Agreement. The CM shall be responsible for the accuracy of the data it generates and all interpretation and recommendations it makes, based on data the CM ha s generated or otherwise relied up on, no matter its sou rce. 6.8. Des ign Support: The CM shall only prov ide design services and design support as expressly and specifically stat ed in this Agreement and the Contract Documents . 6.9. Construction Management Plan: Within thirty (30) days after execution of this Agreement, the CM shall present to the Owner a Construction Management Plan for the Project, including dates by which deliverables required by the Construction Management Plan will be completed. The CM shall make recommendations for revisions to the Construction Management Plan throughout the duration of the Project, as may be appropriate. In October 18, 20 17 10 030518a HC BOC Page 58 preparing the Construction Management Plan, the CM shall consider the Owner's schedule, budget, and design requirements for the Project. The CM shall then develop various alternatives for the sequencing and management of the Project and shall make recommendations to the Owner. The Construction Management Plan shall also include a description of the various bid packages recommended for the Project. The Construction Management Plan shall be presented to the Owner for acceptance. Revisions approved by the Owner and the CM shall be incorporated into the Construction Management Plan. 6.10. Budgeting and Financial Forecasts 6.10.1. Project Funding: The CM shall assist the Owner in preparing documents concerning the Project and Construction Budget and for use in obtaining or reporting on Project funding. The documents shall be prepared in a form approved by the Owner. 6.10.2. Construction Market Survey: In accordance with the Construction Management Plan, the CM shall conduct a Construction Market Survey to provide current information regarding the general availability of local construction services, labor, materials and equipment cost and other economic factors related to the Project. A report of the Construction Market Survey shall be provided to the Owner and the Designer. 6.10.3. Project and Construction Budget: Prior to soliciting bids for construction of each GMP Package, the CM shall update the Project and Construction Budget and prepare a detailed cost estimate based on separate divisions of the Work for each GMP Bid Package required for the Project and shall identify contingencies for design and construction. The CM shall submit the updated Project and Construction Budget and detai led cost estimate(s) to the Owner for acceptance. If the CM believes that additional surveys, geotechnical investigations, environmental assessments or other testing or investigation is necessary and reasonable to fashion a reliable Project and Construction Budget and cost estimate, the CM shall make recommendations to the Owner for such services, with an explanation of why the CM believes that the services are reasonable and necessary. The deci s ion to procure such services shall be solely in the discretion of the Owner, and shall be at the Owner's expense. 6.10.4. Preliminary Estimate and Budget Analysis: The CM shal l analyze and report to the Owner the cost of various design and construction alternatives, including the a ss umptions by the CM in preparing its analysis, a variance analysis between budget and preliminary estimate, and recommendations for any adjustments to the budget. As a part of the cost analysis, the CM shall consider costs relating to efficiency, usable life, maintenance, energy, and operation. 6.10.5. Cost Control: Following the completion of each design phase milestone, the CM shall prepare an estimate of the construction cost for the Drawings and Specifications furnished by the Designer. Each estimate shall be accompanied by a report to the Owner and De s igner identifying variances from the Project and Construction Budget as well as the assumptions made by the CM in preparing the estimate. The CM shall reconcile its estimates with the Project and Construction Budget, and with any independent e stimates obtained by the Owner. The CM shall coordinate the activities of the Owner and Designer and provide cost estimating and value engineering studies when changes to the design are required to remain within the Project and Construction Budget. 6.10.6. Project and Construction Budget Revision: The CM s hall make recommendations to the Owner concerning des ign changes that may result in revisions to the Project and Construction Budget and divisions of the Work required for the Project. October 18 , 2017 I I 030518a HC BOC Page 59 6.10.7. Value Engineering Studies: The CM shall provide value engineering recommendations to the Owner and Designer for major construction components, including cost evaluations of alternative materials and systems. 6.10.8. Budgets, budget revisions, financial forecasts , value engineering studies, GMP proposals and recommendations concerning design changes to maintain the budget shall not constitute binding changes to the Work of the Project. The scope of Work may only be changed by change orders or other approved modifications to this Agreement and the Drawings and Specifications. In the event the Owner intends to accept a value engineering proposal or other recommendation for a design change, the Owner shall direct the Designer to incorporate the recommended changes into Drawings and Specifications that the Designer is willing to iss ue and seal as part of a change order, addendum or other modification of the Contract Documents under the terms of this Agreement. 6.11. Management Information Control System (MICS): The CM shall develop a web-based MICS to establish communication between the Owner, CM, Designer, and other parties on the Project. The MICS proposed by the CM requires approval of the Owner prior to implementation. In developing the MICS, the CM shall interview the Owner's and the Designer's key personnel and others to determine the type of information for reporting, the reporting format, and the desired frequency for distribution of the various reports. At a minimum, the MICS shall include the elements described in this Section 6.11. The CM shall submit an acceptable MICS within forty-five (45) days after execution of this Agreement, designed to include the following elements: 6.11.1. Pre-construction Procedures: As part of the MICS, the CM shall establish procedures for reporting, communication, and administration during the Design Phase and regulatory permitting. 6. I 1.2. Project Master Schedule (Master Schedule): A computer-generated schedule using the critical path method that is generated from the use of Primavera scheduling software recommended by the CM, approved by the Owner, and specified in all contracts with Contractors. 6. I 1.3. Schedule Maintenance Reports: The CM shall prepare and di stribute schedule maintenance reports on a monthly basis that shall contrast actual progress against scheduled progress for each phase of the Project and the overall Project and shall m ake recommendations to the Owner for corrective action to maintain the Master Schedule and all design and construction sch edules. During th e Construction Phase the reports shall compare the actual construction dates to scheduled construction dates of each separate construction contract and to the Master Schedule for the Project. 6.11.4. Project Cost Reports: The CM shall prepare and distribute project cost reports on a monthly basis that s hall indicate estimated costs compared to the Project and Construction Budget and shall make recommendations to the Owner for corrective action to maintain all budgets and the Guaranteed Maximum Price. During the Procurement Phase, the reports s hall s pecify the actual award prices and construction costs for the Project, compared to the Project and Construction Budget. During the Construction Phase the reports shall s pecify act ual Project and construction costs compared to the Project and Construction Budget. 6.11.5. Cash Flow Report: The CM shall periodically prepare and distribute a cash flow report. The reports s hall be based on actual award contract prices and on actual design and Octobe rl8,20 17 12 030518a HC BOC Page 60 construction costs for the Project. The reports shall specify the actual cash flow compared to the projected cash flow. 6. I 1.6. Change Order Report: The CM s hall prepare and distribute Design Phase reports on a monthly basis that shall li st all Owner-approved addenda, substitutions and change orders as of the date of the report and shall state the effect of the changes on the Project and Construction Budget and the Master Schedule. The CM s hall continue to prepare and distribute monthly change order reports during the Construction Phase. The report shall include logs of all requests for information, requests for interpretation of the design documents, requests for proposals, and notices of events that might justify an adjustment in the Guaranteed Maximum Price or Master Schedule, and status of critical decisions to be made by the Owner or the Designer. The report shall list all Owner-approved change orders by number, a brief description of the change order work, the cost established in the change order and percent of completion of the change order work. The report shall also include similar information for potential change orders or impact on the Guaranteed Maximum Price of which the CM may be aware. 6.11.7. Project and Construction Budget Revisions: The CM shall make recommendations to the Owner concerning construction changes that may result in revisions to the Project and Construction Budget or Guaranteed Maximum Price. 6.11.8. Progress Payment Reports (Each Contract): The CM shall prepare and distribute progress payment reports . The reports shall s tate the total construction contract price , payment to date, current payment requested, retainage, sales and use tax paid, and actual amounts owed for the period covered by the report. A portion of thi s report shall be a certificate of payment that shall be s ig ned by the CM and delivered to the Designer and the Owner. 6. I 1.9 . CM's Safety Program: On a monthly basis, the CM shall review the safety programs of each Contractor and confirm that each Contractor has established and implemented safety program s consistent with CM's safety programs required by the Contract Documents. 6. I 1.10. Final Inspections and Commissioning: The CM s hall schedule final in spections and , if required by the Contract Documents, commissioning of syst ems in the Project, and s hall compile and organize all inspection reports for the Project record s. 6.11.11. Closeout Reports: At the conclusion of the Project, the CM shall prepare final project accounting and closeout reports. 6.11 .12. MICS Reports for Move-in and Occupancy: In consultation with the Owner, the Designer and appropriate regulatory agencies, the CM shall prepare and distribute reports associated with the Occupancy Plan. 6.12. The CM agrees to perform all tasks and functions reasonably necessary to complete the services described in th e preceding paragraphs in this Article of the Agreement, su bject to its right to compensation in accordance with Articles 7 through I 0. Without limiting the foregoing description of the services of the CM, it is reiterated and agreed that the following services are spec ifically required: 6.12 .1. Services related to investigation or evaluation of existing cond itions, facilities , or equipment or determination of the accuracy of existing drawings or other information furnished by the Owner; October 18, 2017 13 030518a HC BOC Page 61 6.12.2. Services related to coordination and scheduling of the procurement, storage and installation of Owner-furnished equipment, materials, supplies and furnishings with the Work of the Contractors; [NOT USED]; 6.12.3. Warranty inspections during the warranty period of the Project; 6.12.4. Services made necessary by the failure to perform by , or bankruptcy of, a Contractor; 6.12.5. Preparation for and serving as a witness in connection with any public or private hearing or arbitration, mediation or legal proceeding relating to the Project, excluding claims and disputes relating to the Work; 6.12.6. Assisting the Owner in public relations activities and preparing information for and attending public meetings; and 6.12.7. Services related to coordination of the Work of the Contractors with move-in by the Owner in accordance with the Master Schedule, including conducting pre-moving conferences and providing on-site personnel to oversee the relocation of furniture and equipment by the movers while actual move-in is in progress. 7. CM Compensation 7. I. The CM shall be entitled to compensation for its services as set forth in this Section. During the construction and post-construction phases of the Project, the CM shall be entitled to reimbursement of defined direct costs and expenses, described in this Agreement as "General Conditions", and in addition shall be entitled to fees for services rendered, described in this Agreement as "Fixed Fees". In addition to General Conditions and Fixed Fees, the CM shall be entitled to reimbursement for the Cost of the Work, as se t forth in this Agreement. 7.2. Pre-construction and Procurement Phase Compensation: The CM shall be paid a lump s um fee of Fifty-five Thousand Dollars ($55,000.00) for the pre-construction and procurement phases of the Project. In addition to thi s lump sum fee , the CM shall be reimbursed the actual direct cost of the following, without markups: 7.2.1. 7.2.2 . Building information models , other models and mockups of bui ldi ng components or elements requested in writing by the Owner. Reproduction costs, postage and delivery costs associated with Contractor bid packages and information and in structions to bidders. 7.2.2.1. All other expenses for the pre-construction and procurement pha se of the Project are included in and covered by the lump sum fee. 7.3. Construction and Post-construction Phase Compensation to the CM: 7.3.1. 7.3.2. October 18 , 201 7 Fixed Fee: The Fixed Fee payable to the CM shall equal Three and One Quarter Percent (3.25%) of the Cost of the Work set forth in the Guaranteed Maximum Price initially accepted by the Owner. In the event the agreed Guaranteed Maximum Price is adjusted between the time it is fi xe d and the end of the Project, the Fixed Fee shall be adjusted in acco rdance with Section 7.5 of this Agreement. General Conditions: General Conditions costs shall include the categories of costs described as General Conditions costs in the List of Cost Elements contained in Appendix B , and shall be at least a s detailed as the cost elements in Appendix B. At the time the Guaranteed Maximum Price is fixed, General Conditions Cost Elements to be included in the Guaranteed Maximum Price shall generall y be fixed as a lump sum , 14 030518a HC BOC Page 62 based on detailed estimates tabulated and presented to the Owner. With the approval of the Owner, upon the recommendation of the CM, certain General Conditions Cost Elements may be included in the budget and in the GMP as allowances or as unit prices or rates. Otherwise, the guidelines se t forth below shall generally apply when calculating the lump sums for General Conditions. 7.3.3. Unless a schedule of personnel rates are agreed to in writing in an amendment to this Agreement, field personnel costs s hall be based on direct personnel expenses/employee costs (direct salary) plus all customary payroll benefits [including but not limited to FICA, SUTA, FUT A , 40 I K, vacation leave , sick leave, holidays, jury duty leave and bereavement leave] with no employee overhead mark up. The on-site field staff is limited to staff which includes the project manager, project engineer, field engineer, superintendent(s) actually furnishing services to the Project, and field clerical staff, as amended from time to time by agreement of the parties as reflected in Appendix B hereto. 7.3.4. Independent engineers, architects and other consultants employed by the CM and deemed necessary by the Owner at the reasonable prevailing hourly rates for such services, which shall be considered Cost of the Work. Any consultants employed by the CM for the Project must be approved in advance by the Owner prior to performing work. 7.3.5. Travel Expenses: All travel , by any conveyance, required for the Project will be compensated at actual direct cost provided that the expenses are approved in advance by the Owner. 7.3.6. Temporary Facilities: Field office(s) with telephone service and high-speed Internet connections and field office computers, as needed, for Project tracking purposes, s hall be budgeted at direct cost without markups. All software for use on computers (accounting, tracking, scheduling, word processing, AutoCAD, Project management etc.), shall be properly licen sed and included in General Conditions. Field office temporary electric, heating, water, sanitation, and electronic equipment maintenance and field office operation costs, e.g., stationary, po stage, etc., s hall be incurred judiciously. General Conditions shall include maintenance of an appropriate shipping and receiving system. 7.3. 7. Plans/Surveys: Surveyor's services (site layout, etc.), as required and reproduction of Construction Documents as needed by the CM, if approved in advance by the Owner, may be budgeted at direct cost, which s hall be considered Cost of the Work. 7.3.8. Safety/Cleanup: Temporary facilities, as required, shall be budgeted as Cost of the Work, including: safety barricades, partitions, ladders, stairs, s ite fencing, s ignage, first aid, traffic control devices , daily site cleanup, trash coll ect ion , and removal. Site security s hall be maintained throughout Project construction phases. Site snow removal s hall be provided as may be required throughout Project construction phases. 7.3.9. General: Temporary weather and dust/s ilica protection (that which must practically remain outside of Contractor contracts) as may be required during construction phases, may be budgeted at direct cost as Cost of the Work. Field personnel pagers and two- way radio may be budgeted throughout the construction phases, as applicable, at direct cost without markup. Include travel expenses for field personnel related to off-site equipment/materials su rvey and inspections. 7.3.10. Ins urance/Bond : 100% CM performance and payment bonds at the rate of 0.78%, liability insurance at the rate of 1.04%, builder's risk in surance at the rate of 0.15% and October 18 , 2017 15 030518a HC BOC Page 63 other insurance with limits and fixed rates as set forth in this Agreement shall all be provided at the agreed fixed rates on the Final Contract Value. Contractor default insurance (i.e., Subguard ©) shall be provided at the fixed rate of 1.25% on the aggregate of Contractors' contract values. 7.3.11. Close-Out/De-Mobilization: Final site/facility clean up and preparation of final close- out documents for all contracts shall be budgeted at direct cost as Cost of the Work. Sets of all Contractors as-built drawings to be delivered to the Owner and Designer for use by the Designer to prepare as-built drawings shall be included in General Conditions. 7.4. Construction Manager's Accounting Records: Records for the Cost of the Work, excluding General Conditions, bonds and insurances, shall be maintained on the basis of generally accepted accounting practices and shall be available for inspection by the Owner and the Designer at mutually convenient times throughout the duration of the Project and for a period of three years after completion of the CM's Services. 7.5. Adjustments to CM Compensation: The Owner, without invalidating this Agreement, may make changes in the CM's services specified in this Agreement. The CM shall within seven (7) days notify the Owner of any changes or other events which in the opinion of the CM entitle the CM to an increase or decrease in the Guaranteed Maximum Price, the CM's compensation, the duration of the CM's services, or any of them, pursuant to the terms of this Agreement. 7.5.l. 7.5.2. 7.5.3. October 18 , 2017 Changes in the CM's Services: Changes in the CM's services may be directed by the Owner in writing, and if so directed to provide different or Additional Services the CM shall comply with the directions of the Owner. Additional compensation s hall be settled by a written amendment to this Agreement executed by the Owner and the CM, or as otherwise provided herein. lf possible, the amendment shall be executed by the Owner and the CM prior to the CM performing the services required by the amendment, but failure to agree on compensation for a change in services shall not be grounds for the CM to cease or refuse to provide the services reasonably requested by the Owner. The CM shall proceed to perform the services required by the amendment only after receiving notice directing the CM to proceed . Additional Compensation and Extended Duration: The CM shall be entitled to receive additional compensation and additional time when the scope or planned duration of services is increased or extended through no fault of the CM or its Contractors. The CM shall notify the Owner within seven (7) days after changes to the scope of the Project or a part thereof or after delays caused in whole or in part by the Owner or Designer increase or extend the scope or duration of the CM's services. Fixed Fee: The CM shall not be entitled to an increase in the Fixed Fee unless and until it is finally determined at the completion of the Project that the approved cumulative Cost of the Work for the entire Project exceeds one hundred and two percent (102%) of the cumulative Cost of the Work set forth in the original agreed Guaranteed Maximum Price or Prices. If an increase in the Fixed Fee is justified, the CM shall be entitled to an increase in the Fixed Fee equal to three and one quarter percent (3 .25%) of the amount by which the final approved Cost of the Work exceeds one hundred and two percent (l 02%) of the cumulative Cost of the Work set forth in the original agreed Guaranteed Maximum Price or Prices, together with insurance and bonds at the res pective fixed rates. The Owner may in its discretion approve adjustments to the Fixed Fee prior to the end of the Project. 16 030518a HC BOC Page 64 7.5.4. General Conditions: The amount of additional General Conditions costs to be paid to the CM and the amount of extension of the duration of this Agreement shall be determined on the bas is of the CM 's reasonable additional General Conditions costs after determining the increased services and length of the extensions of the duration of this Agreement. A change in the Drawings and Specifications or other change in the scope of the Work shall not automatically entitle the CM to an increase in compensation. Increases in the compensation payable to the CM shall only be payable upon proof of an increase in the actual duration or level of services being provided by the CM, or both. 8. Guaranteed Maximum Price 8.1. The Guaranteed Maximum Price shall be documented by the CM as defined in this section and, once established, the Guaranteed Maximum Price shall be subject to modification only as defined in this Agreement. · 8.2. Guaranteed Maximum Price Proposal : A Preliminary Guaranteed Maximum Price will be provided to the Owner in February 2018 which shall be based on l 00% Schematic Design drawings. Thereafter, a Final Guaranteed Maximum Price will be provided after 100% Construction Documents have been issued and CM has received bids from Contractors for the Work. If the Owner does not accept a Guaranteed Maximum Price within the time period herein provided, such price shall be presumed to be rejected by the Owner. 8.3. Acceptance of Drawings and Specifications: The CM understands , confirms and agrees that its responsibility hereunder is to construct the Project in accordance with the Drawings and Specifications. It is recognized that each Guaranteed Maximum Price will be based on design documents specifically identified and accepted by the CM and certified by the CM to be sufficient in detail and clarity to calculate a binding Guaranteed Maximum Price. The CM shall notify the Owner if the CM believes that it is being asked to fix the Guaranteed Maximum Price on incomplete, ambiguous or under-developed drawings and specifications . In those ins tance s in which the Drawings and Specifications are not full y developed at the time the Guaranteed Maximum Price is established, the CM shall exercise reasonable care and judgment to determine the intent of the design and s hall calculate the Guaranteed Maximum Price on the bas is of the quality of construction, materi als, and finishes that can be reasonably inferred from the de s ign documents or other specified so urces. 8.4. Elements of the Guaranteed Maximum Price : The Guaranteed Maximum Price s hall be the s um of the Cost of the Work, the CM Fixed Fee, the General Conditions provided by the CM, and the CM Contingency, all as defined herein. The Guaranteed Maximum Price includes the cost of all labor, equipment, supplies, materials, services and allowances to complete the Project. The Guaranteed Maximum Price shall be directly correlated to the specific design Drawings and Specifications in existence and identified by the CM at the time the Guaranteed Maximum Price is prepared. The assumptions used in the preparation of the Guaranteed Maximum Price shall be identified by the CM in its Guaranteed Maximum Price proposal. The CM shall determine unit prices and the Cost of the Work and shall make those reasonable assumptions regardin g the project scope and the quality of the intended construction as may be nece ssary to fully document the Guaranteed Maximum Price. The use of allowances and other estimates for the cost of specific components of the Work is di scouraged and shall be kept to a minimum . 8.5. Consideration of Proposal: In the event the Owner doe s not accept the CM's proposed Guaranteed Maxi mum Price, the Owner may terminate the Agreement in accordance with October 18, 2017 17 030518a HC BOC Page 65 Section 26. Alternatively the Owner may require the CM to recalculate the Guaranteed Maximum Price after making any changes to the scope of the Work, accepting value engineering proposals, or obtaining further development of the drawings and specifications from the Designer. 8 .6. Documentation 8 .6.1. The Guaranteed Maximum Price documentation shall be prepared by the CM and submitted to the Owner with the Guaranteed Maximum Price Proposal. The documentation shall at a minimum describe the Contract Documents on which the Guaranteed Maximum Price Proposal is based, and set forth the cost elements of the Guaranteed Maximum Price in detail. The documentation may include drawings, sketches, specifications, calculations or other data used to identify the basis of the Guaranteed Maximum Price. Documentation of the Guaranteed Maximum Price shall be developed by the CM from the design Drawings and Specifications and such other documents as may be described in the Proposal , and shall include a Listing of the Key Divisions of the Work correlated with budget and cost estimate for the GMP on a line item basis in at least as much detail as is contained in Appendix D. 8.6.2. Summary Report of Guaranteed Maximum Price: The documentation of the Guaranteed Maximum Price shall be summarized in a report that contains, at a minimum , all of the items outlined in Appendix D. 8.7. The CM shall, as part of cost control, report the adjusted final actual price of the Work the price of which was based on estimated quantities, allowances or other conditional pricing and, when the final price is determined, adjust the Guaranteed Maximum Price as follows: 8. 7. I. If the final adjusted price of the Work is less than the amount reflected in the approved Guaranteed Maximum Price, as determined in accordance with the terms of this Agreement, the amount indicated in the Guaranteed Maximum Price shall be reduced by an amount equal to the difference between the final adjusted cost and the original amount indicated in the Guaranteed Maximum Price. The res ultin g reduction in the Guaranteed Maximum Price s hall be for the benefit of the Owner, and the CM Contingency shall not be increased by the a mount of the reduction. 8.7.2 . If the final adjusted price of the Work is greater than the amount reflected in the approved Guaranteed Maximum Price, as determined in accordance with the terms of this Agreement, to the extent that the CM Contingency is sufficient, the amount indicated in the Guaranteed Maximum Price shall be increased by an amount equal to the difference between the final adjusted cost and the original amount indicated in the Guaranteed Maximum Price, and the CM Contingency shall be decreased by the same difference subject to and in accordance with Article 10 of this Agreement, unless otherwise explicitly agreed to or approved by the Owner by change order. 8.7.3. Regardless of the final adjusted price that differs from the amount reflected in the approved Guaranteed Maximum Price, the total Guaranteed Maximum Price shall not be adjusted, except pursuant to an approved change order. 9. Payment Provisions 9 .1. Review of Payment Applications by the Designer and Owner: After considering applications for payment submitted to the Designer by the CM and certificates for payment issued by the Designer, the Owner will make progress payments to the CM as provided below and elsewhere in the Contract Documents. The Designer shall take action on the CM 's application for payment within seven (7) calendar days of receipt which shall be in O ctober 18 , 20 17 18 030518a HC BOC Page 66 accordance with the agreement between the Owner and Designer. The Designer's certification for payment shall be based upon the Designer's on-site observation and the documentation submitted in accordance with this Article 9 and the CM 's application for payment. 9.2. Payments due to the CM that unjustifiably remain unpaid for more than thirty (30) days from the date of receipt by the Owner and certification by the Designer of the CM's acceptable invoice shall bear simple interest at the rate of one percent (I%) per month or fraction thereof on the unpaid balance as may be due. 9.3. Fixed Fee and General Conditions Costs: The Owner shall compensate the CM for the CM 's Fixed Fee and General Conditions Costs generally in accordance with the terms and conditions of this Agreement, including Appendix B, and specifically as follows: 9.3.1. Progress payments to the CM shall be made monthly, not later than thirty (30) days after receipt of the CM's acceptable invoice by the Owner and the Designer. 9.3.2. 9.3.3. 9.3.4 . Seventy-five percent (75%) of the Fixed Fee shall be paid monthly in amounts prorated equally over the scheduled duration of the CM's Services. The remaining twenty-five percent (25%) of the Fixed Fee shall be payable in full upon final completion of the Project. Payment of lump sum General Conditions Costs shall be based on the cash flow schedule of payments prepared by the CM and submitted with the General Conditions cost proposal , which shall be converted to a fixed schedule of payments when the total Guaranteed Maximum Price is fixed. The cash flow schedule of payments for General Conditions Costs must be reviewed by the Designer and approved by the Owner prior to any paym ent for General Conditions under the GMP. General Conditions Cost s included in the budget and in the GMP as allowances, or at unit prices or rates, or as items to be reimbursed on a direct cost basis, shall be paid monthly based on receipt of documentation suitable to the Owner and the Des igner evidencing the costs incurred or the quantity of services provided, without any hold back or retention from the amounts properly invoiced . 9 .4. Cost of the Work: Payment for the Cost of the Work shall be by monthly periodic payments based on Work completed then to date and not previously invoiced and paid , less retainage withheld from the Contractors, in accordance with the following procedures: 9.4.1. 9.4.2. Octobe r 18 , 201 7 Schedule of Values: The CM s hall , in participation with the Contractors, determine a Schedule of Values for each of the construction contracts. The Schedule of Values shall be used to determine the Work completed by the Contractors. Each Schedule of Values will be submitted to the Owner and the Designer within twenty (20) days after execution of the contract by the Contractor and is subject to approval by the Owner. The CM 's Schedule of Values will be based on the Trade Bid Packages/Contractors lump sum amount. The CM will obtain a schedule of values from each Contractor and attach the Contractor's Schedule of Values and payment application to the CM 's monthly billing. Within seven days of receipt by the CM from the Owner of each periodic payment, the CM shall pay each Contractor based on work completed or s ervice provided under the Contractor's contract. No payment to a Contractor s hall be delayed because of the failure of another Contractor on the Project to complete its contract. If any periodic payment to a Contractor is delayed by more than seven days after receipt of periodic payment by the CM, the CM shall pay the Contractor simple interest, beginning on the 19 030518a HC BOC Page 67 9.4.3. 9.4.4. 9.4.5. 9.4.6. eighth day, at the rate of one percent (I%) per month or fraction thereof on the unpaid balance as may be due. Except with the Owner's prior approval , periodic payments to the Contractors shall be subject to retainage of five percent (5%) of the value of Work completed then to date and not previously invoiced and paid. When a Contractor's contract is fifty percent (50%) complete, the CM, with written consent of the Contractor's surety if the Contractor's contract is bonded, shall not retain any further retainage from periodic payments due the Contractor if the Contractor continues to perform satisfactorily and any nonconforming work identified in writing prior to that time by the Designer or Owner has been corrected by the Contractor and accepted by the Owner. The Contractor shaJI be deemed fifty percent (50%) complete when the Contractor's gross project invoices, excluding the value of materials stored off-site, equal or exceed fifty percent (50%) of the value of the Contractor's contract, except the value of materials stored on-site shall not exceed twenty percent (20%) of the Contractor's gross project invoices for the purpose of determining whether the Project is fifty percent (50%) complete. Notwithstanding Section 9.4.3 above, following fifty percent (5 0%) completion by a Contractor, the Owner may require the CM to withhold additional retainage from a s ub sequent periodic pay ment to a Contractor, not to exceed five percent (5%) of the Work completed then to date and not previously invoiced and paid , in order to protect the Owner from unsatisfactory job progress, defective construction not remedied, disputed work, or third-party claims filed or threatened to be filed against the Owner. The existence of any third-party claims against the CM or any additive change orders to a construction contract shall not be a basis for reinstating retainage or delaying the release of any retainage on payments to Contractors. Nothing in this Section shaJI prevent the CM at the time of application and certification to th e Owner from withholding application and certification to the Owner for payment to a Contractor for un sat is factory job progress; defective construction not remedied; disputed work; third party claims fil ed or reasonable evidence that claim wiJI be filed ; failure of the Contractor to make timely payments for labor, equipment, and materials ; damage to the CM or another Contractor; reasonable evidence that the Contractor's Contract cannot be completed for the unpaid balance of the contract su m ; or a reasonable amount for retainage not to exceed the percentage that the CM is required to retain by the Owner. No reduction in the amount of retainage on payment s to Contractors s hall affect any applicable warranties on work done by the CM or the Contractor, and the warranties sha ll not begin to run any earlier than either the Owner's receipt of a certificate of substantial completion from the Designer covering the entire Project, or the Owner recei ves beneficial occupancy of the entire Project. 9.4.6.1. Upon notice from the CM that the Work of a Contractor is substantiall y complete and ready for final inspections, the Designer shaJI inspect the Work and prepare li sts describing Work that is absent, incomplete or otherwise not in compliance with the Construction Documents. The Designer s hall determine independently whether the Work is substantially complete, and provide a certificate to the Owner and the CM that the Work is substantiall y complete. The Designer shall continue to inspect the Work until satisfied that all identified non-conforming Work has been completed, corrected or accepted by the Owner as is. 9.4.7. Once a ll of the Work by a Contractor is substantially comp lete , a ll remaining funds October 18 , 2017 20 030518a HC BOC Page 68 owed to that Contractor s hall be paid in full , except that the Owner may retain sufficient funds from the CM and the individual Contractor to secure completion of the Work or to correct or complete any nonconforming or in comp lete Work. If the Owner retains funds , the amount retained shall not exceed two and one-half (2.5) times the estimated value of the Work to be completed or corrected by the Contractor. Payment under this section shall be conditional upon receipt of a properly completed payment application from the CM, certification by the Designer that the Work of that Contractor is substantiall y complete, and consent of surety from each surety for each bonded Contractor and from the s urety for the CM. 9.4.8. If the Work of a Contractor includes demolition, pilings, caissons or structural steel, once a ll of the Work by that Contractor is one hundred percent ( 100%) complete, the remaining unpaid balance of that Contractor's Contract Price, less a sum equal to five- tenths percent (0.5%) of the Contract Price, shall be paid within sixty days following receipt of a properly completed payment application from the CM, certification by the Designer that the Work of that Contractor is substantially complete, and consent of surety from each s urety for each bonded Contractor and from the surety for the CM. 9.4.9. Final Payment: Their remaining Contract Price, less authorized deductions, shall be made to all Contractors once the Project reache s Final Completion. Final payment to each Contractor is contingent upon consent by the Contractor's s urety, if any, the Owner's receipt of a properly prepared payment application from the CM including final payment to the Contractor, and an approval or certification from the Designer that the work performed by the Contractor is acceptable and in accordance with the Contract Documents. Payments to which Contractors are entitled under this subsection shall be made no later than s ixty (60) days following receipt of the Contractor's final payment reque st by the CM or immediately upon receipt of the surety's consent, which ever occurs later. Each Contractor 's contract shall list the in spections required by the Owner before accepting the Work, and any submittals, manual s, warranties or financial information required by the Owner to release payment to the Contractor. T he failure of the contracts to contain this information shall not obligate the Owner to release the retainage if the Owner has not received the required certification from the Designer. The Designer may withhold certification of final payment to a Contractor for un s atisfactory job progress by the Contractor, defective construction not remedied by the Contractor, disputed work by the Contractor, or third-party claims filed against the Owner or reasonable evidence that a third-party claim wi ll be filed against the Owner because of a breach of duty by the Contractor. 9.4.10. Final Payment Audit: The Owner reserves the right , prior to making final payment to the CM, to conduct audits or a final audit of the expendit ures by the CM on the Project for assurances that the final payment to the CM does not exceed the amounts properly payable to the CM fo r the Cost of the Work, exc luding General Condition s , insurance and bond cost s, but including any special allowances, and CM-GMP Contingency savings. If the Owner decides to exercise its right to a final payment audit, the Owner will notify the CM in writing of its decision to conduct the audit with in thirty (30) day s after issuance of the Certificate of Final Completion by the Project Designer. The CM shall then promptly provide all accounting records reasonably reque sted by the Owner that relate to the Cost of the Work, CM General Conditions and CM Contingency on the Project. Once the CM has provided all accounting records reasonably requested by the Owner to complete such an audit, the Owner agrees to complete the audit within one hundred twenty (120) calendar days. In the eve nt an audit determines that the CM has been paid more than it is entitled to be paid under the Contract, the CM will refund Octobe r 18 , 2017 21 030518a HC BOC Page 69 the overpayment to the Owner. 9.4.11. The making and acceptance of final payment shall constitute a waiver of all claims by the Owner except: 9.4.11.1. Claims arising from unsettled liens or claims against the CM. 9.4.1 I .2. Faulty Work or materials appearing after final payment. 9.4.11.3. Failure of the CM to perform the Work in accordance with Drawings and Specifications, such failure appearing after payment. 9.4. I I .4. As conditioned in the performance bond and payment bond. 9.4. I 2. Prior to submitting request for final payment to the Project Designer for approval, the CM shall fully comply with all requirements specified in the "Project closeout" section of the Specifications. These requirements include but not limited to the following: 9.4. I 2.1. Submittal of Product and Operating Manuals, Warranties and Bonds, Guarantees, Maintenance Agreements , As-Built Drawings, Certificates of Inspection or Approval from agencies having jurisdiction. (The Project Designer must approve the Manuals prior to delivery to the Owner). 9.4.12.2. Transfer of required attic stock material and alt keys in an organized manner. 9.4.12.3. Record of Owner's training. 9.4.12.4. Resolution of any final inspection discrepancies. 9.4.13. The CM shall forward to the De signer the final application for payment along with the following documents: 9.4.13. I. Li s t of minority business Contractors s howing breakdown of contracts amount. 9.4. I 3.2. Affidavit of Release of Liens. 9.4. 13 .3. Affidavit of Contractors of payment to material suppliers and subcontractors. 9.4.13.4. Consent of Surety to Final Pay ment. 9.4. I 3.5. Certificates of state agencies required by state law. 9.4. I 4 . The Designer will not authorize final payment until the Work under this Agreement has been certified by the Designer, certificates of compliance issued, and the CM has complied with the closeout requirements. The Des igner shall forward the CM's final application for payment to the Owner along with re spective certificate(s) of compliance required by law. 9.5. Grounds for Withholding Payment: Notwithstand ing anything to the contrary in this Section, the Des igner may withhold a certificate for payment from the CM and the Owner may withhold payment from the CM, in whole or in part, to the extent reasonably necessary to protect the Owner. If the Designer is unable to certify payment in the amount of the application, the De s igner will notify the CM and the Owner in writing. If the CM and Designer cannot a gree on a revised payment amount, the Designer will promptly issue a certificate for payment for the amount for which the Des igner is able to make such representations to the Owner. The Designer may also withhold a certificate for payment, in whole or in part, to such extent as may be necessary in the Desig ner's opinion to protect the Owner from los s for which the CM or the Contractor(s) is respons ible , including lo ss re s ulting from acts and omissions, because of: 9.5.1. Defective Work not remedied after notice in accordance with this Agreement; October 18 , 2017 22 030518a HC BOC Page 70 9.5.2. Third-party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the CM; 9.5.3. Failure of the CM or Contractor(s) to make payments properly to subcontractors or sub-subcontractors or for labor, materials or equipment; 9.5.4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the GMP; 9.5.5. Damage to the Owner or another Contractor; 9.5.6. Reasonable evidence that the Work will not be completed within the contract time, and that the unpaid balance of the GMP would not be adequate to cover actual or liquidated damages for the anticipated delay; 9.5. 7. Failure to ca1Ty out the Work in accordance w ith the Contract Documents; 9.5.8. Failure to provide sales tax documentation as required by the Owner; 9.5.9. Failure or refusal of the CM or Contractors to submi t the required information on minority business enterprises; 9.5.10. Any other reason deemed necessary by the Designer to protect the Owner unless arbitrary and unreasonable; or 9.5.11. Subsequently discovered evidence that Work previously approved was not performed in accordance with the Contract Documents. 9.5.12. When the above reasons for withholding certification are removed , certification will be made for amou nts previously w ithheld. 9.6. The Owner's Representative m ay wi thhold a certificate for payment, in w hole or in part, to the extent reasonably necessary to protect the Owner. 9.7. Sales and Use Taxes: Each Contract and each Guaranteed Maximum Price shall include those sales and use taxes applicable to the Project that are legall y enacted at the time the Guaranteed Maximum Price is established. Sales and use taxes shall be accounted for separately in the Guaranteed Maximum Price and in the payment applications submitted by the CM. Any increase or decrease in such taxes that affect the Guaranteed Maximum Price and that are enacted after the Guaranteed Maximum Price is s ubmitted shall be incorporated into that price by change order. The CM shall maintain all t ax records during the li fe of the Project and furnish the Owner with a complete listing of all taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the Owner. The CM is required to maintain a file showing taxes paid on the Project for three (3) years after Final Payment or turn said documents over to the Owner for the Owner to maintain. 9.7.1. The following is a li st of requirements to be followed by the CM in maintaining proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use Tax. The CM shall comply fully with the requirements outlined below, in order that the Owner may recover the amount of the tax permitted under the law. 9.7.1.1. 9.7.1.2. October 18, 2017 It shall be the CM's responsibility to furnish the Owner documentary evidence showing the materials used and sa le s and use tax paid by the Contractor and each of his Subcontractors. Such evidence shall be transmitted to the Owner w ith each pay request regardless of whether taxes were paid in that period. The documentary evidence s hall consist of a certified statement by the CM and each of the Contractors individually, showing total purchases of materials from each separate vendor and total sales and use taxes paid to each vendor. Certifi ed 23 030518a HC BOC Page 71 9 .7.1.3. statements must show the invoice number, or numbers , covered, and inclusive dates of such invoices. Materials used from Contractors' warehouse stock shall be shown in a certified statement at warehouse stock prices. 9.7.2. The CM shall not be required to certify the Contractors' statements. 9.8. CM Right to Stop Work or Terminate the Agreement: Should the Owner fail or refuse without good cause to make payment of a payment application certified by the Designer within thirty (30) days after receipt of same, then the CM, after fifteen (15) days' written notice sent by certified mail, return receipt requested, to the Owner and the Designer, may suspend operations on the Work or terminate the Contract. The Owner s hall be liable to the CM for the cost of the Work delivered and performed to the date of termination plus all General Conditions costs incurred to date plus its CM Fixed Fee earned to date, plus reasonable termination and demobilization costs, as if the Agreement were terminated for convenience by the Owner hereunder. The Designer shall review and certify the correctness of such payment. 10. CM Contingency 10. I. Each Guaranteed Maximum Price shall include a contingency amount (the CM Contingency) for the use of the CM as allowed by this Agreement. The CM Contingency in each GMP shall be fixed when the Guaranteed Maximum Price is first accepted and approved by the Owner, and shall not exceed two percent (2%) of the Cost of the Work included in the Guaranteed Maximum Price that is first accepted and approved by the Owner. 10.2. The CM Contingency is for the use of the CM to defray costs in excess of the Cost of the Work for wh ich the CM is not otherwise entitled to an increase in the Guaranteed Maximum Price under the terms of this Agreement. The CM Contingency is not meant to add to the Fixed Fee of the CM . T he CM Contingency may only be us ed to defray increases in the Cost of the Work caused by the fo ll owing ci rcumstances after exhausting a ll other remedies the CM might have: 10 .2.1. To pay any costs incurred by the CM as a result of a Contractor default, to the extent the CM is unable to recover the costs from the Contractor, Contractor's surety (if any) or other guarantor or insurer; I 0.2.2 . To defray the cost of acce leration of the Work, tests or inspections to maintain the Mas ter Schedule, to the extent the CM is unable to recover the costs from Contractors, Contractors' sureties or other guarantors or insurers ; 10 .2.3. To defray costs incurred to address differing or unforeseen si te conditions for wh ich the CM is not entitled to an adjustment under this Agreement; I 0.2.4. To pay for quality assurance testing, inspections , or other investigations that the CM believes are necessary to substantiate that work of the Contractors meets the requirements of th e Contract Documents, to the extent th e CM is unable to recover the costs from Contractors, Contractors' sureties or other guarantors or insurers ; 10.2.5. To pay for mediation and legal costs per Article 34 if a suit is initiated by a Contractor, to the extent the CM is unable to recover those costs from the Contractor, the Contractor's suret ies or other g uarantors or in surers . 10.3. The CM s hall consult with the Owner and provide the Owner with reasonable documentation justifying every request for payment of any of the CM Contingency. All expenditures of CM October 18, 2017 24 030518a HC BOC Page 72 Contingency are conditional upon receipt of such documentation and approval of the expenditure by the Owner. Expenditures of CM Contingency may not be used to reimburse the CM for liquidated damages payable to the Owner, for overruns in agreed sums or rates payable for General Conditions, for costs incurred because of any default by the CM in the performance of its own management services, including unjustifiable overpayments to Contractors, or for any other circumstance not specifically covered in the preceding paragraphs . I 0.3 .1. If the CM Contingency is not exhausted during the Project, fifty percent (50%) of any unspent portion of the CM Contingency will be paid to the CM over and above the Cost of the Work, General Conditions and Fixed Fee otherwise due and payable the CM. The remaining fifty percent (50%) of any unspent portion of the CM Contingency will belong to and remain with the Owner. 11. Bonds Required from the CM I I.I. In accordance with N .C. Gen. Stat. §143-128.1, the CM shall provide a performance bond with a penal sum equal to one hundred percent (100%) of the cumulative Guaranteed Maximum Price for the Project to guarantee the faithful performance of the Work, in such form as may be required by law and approved by the Owner. Subject to prior approval by the Owner, the CM may provide a bond upon execution of this Agreement with a penal sum equal to the lump sum fee for the pre-construction and procurement phases of the Project, and then amend the bond to increase the penal sum of the bond as each GMP is approved and accepted by the Owner, so that at all times the penal sum of the bond equals the sum of the lump sum fee for the pre-construction and procurement phases of the Project plus all approved GMP. 11.2. In accordance with N.C. Gen . Stat. §143 -128.1 , the CM shall provide a payment bond with a penal sum equal to one hundred percent (100%) of the cumulative Guaranteed Maximum Price for the Project to guarantee the pay ment of all labor and material costs or claims in connection with compliance with the Contract, in such form as may be required by law and approved by the Owner. Subject to prior approval by the Owner, the CM may provide a payment bond upon execution of this Agreement with a penal sum equal to the lump sum fee for the pre-construction and procurement phases of the Project, and then amend the bond to increase the penal sum of the bond a s each GMP is approved and accepted by the Owner, so that at all times the penal sum of the bond equals the sum of the lump sum fee for the pre- construction and procurement phases of the Project p lus all approved GMP. I 1.3. These bonds and all amendments to the bonds shall be dated or made effective the same date a s this Agreement and must be accompanied by a current copy of the power of attorney for the attorney-in-fact executing such bond on behalf of a surety company licensed to do business in the State of North Carolina and reasonably acceptable to the Owner. 12. Design Support by the CM 12.1 . Except for shop drawings and s pecial systems calculations that are expres sl y and specifically delegated to the CM and its Contractors by the Owner and the Des igner, all Drawings and Specifications shall be prepared by the Des igner and submitted to the Owner for review and authorization to proceed with procurement and construction . The CM shall provide the following services related to design of the Project. 12.2 . Planning Conferences: In accordance with the approved Construction Management Plan and Master Schedule, the CM shall conduct planning conferences attended by the Designer, the Owner and others as necessary. During the planning conferences, the CM shall review the Construction Management Plan, the Master Schedule, the De s ign Phase Milestone Schedule, Octob e r 18, 201 7 25 030518a HC BOC Page 73 the Project and Construction Budget, and the MICS . The CM shall conduct and prepare minutes of these meetings. 12.3. Des ign Phase Information: The CM shall monitor the Designer's compliance with the Construction Management Plan and the MICS, and the CM shall coordinate and expedite the flow of information between the Owner, the Designer, the CM and others as necessary. 12.4. Design Progress Meetings: The CM shall participate in regularly s cheduled progress meetings attended by the Owner, Designer and others as necessary. Such meetings shall serve as a forum for the exchange of information concerning the Project and the review of design progress . The Designer shall prepare and distribute minutes of these meetings to the Owner, CM and others. 12.5. Review of Design Documents: The CM shall thoroughly and completely review all design documents, including programming, drawings, specifications, addenda, and supplemental design information, for clarity, consistency, constructability and coordination among the Contractors. The results of the review shall be provided in writing as notations on the documents or in a written report. The CM is not responsible for providing, nor does the CM control , the Project design and contents of the design documents prepared by the Designer. By performing the reviews described herein, the CM is not acting in a manner so as to assume professional responsibility or liability, in whole or in part, for all or any part of the Project design and design documents prepared by the Designer or the Owner. 12.6. Design Recommendations: The CM shal l make recommendations to the Owner and Designer with respect to constructability, construction cost, sequence of construction, construction duration, poss ible means and methods of construction, time for construction, and separation of the Project contracts for various categories of Work. In addition, the CM shall give to the Designer all data of which it is aware concerning patents or copyrights for inclusion in the Contract Documents. 12.7. Life Cycle Cos t and Value Analyse s: In accordance with the Construction Management Plan, the CM agrees to provide cost estimates and other input to assist th e Designer in the preparation of reliable and val id life cycle cost and value studies. The Owner's intent is to have an energy efficient facility with reasonable and s ustainable long-term operating and maintenance costs. The CM agrees to cooperate with the Owner and the Designer to achieve these goals. 12.8. Owner Design Reviews: The CM shall expedite the Owner's design reviews by compiling and convey ing the Owner's comments to the Des igner. 13 . Permits and Approvals by Regulatory Agencies 13.1. The CM s hall give all notices and comply with all laws, ordinances, codes, rules and regulations that are enacted and enforced on the date of the Final Guaranteed Maximum Price and which are bearing on the conduct of the Work under this Agreement. If the CM observes that the Drawings and Specifications are at variance with any law, ordinance, rule or regulation, it shall promptly notify the Designer and Owner in writing. Any necessary changes required after contract award shall be made by change order. If the CM performs any Work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without s uch notice to the Designe r and Owner, it shall bear all resulting costs of correction. If any laws, ordinances, codes, rules or regulations bearing on the conduct of the Work change after establishment of the GMP and the CM can demonstrate that such change will cause an increas e in the GMP, the time for performance or both, such change wi ll be grounds for equitable adjustments to the GMP and/or Contract Time. October 18, 2017 26 030518a HC BOC Page 74 13.2. All Work under this Agreement shall conform to the North Carolina State Building Code and other state, local and national codes as are applicable. The cost of all required regulatory agency inspections under state , local and national codes s hall be paid by the Owner, except as follows: 13.2.1. Costs for re-inspections by the Town of Lillington, Hamett County, or other regulatory agencies, to the extent attributable to the CM and its Contractors, shall be the responsibility of the CM. 13 .2.2. Premium or additional fees or other costs paid to expedite or accelerate or otherwise alter the normal review process of authorities with jurisdiction to maintain the Project sc hedule or accommodate the wishes of Contractors shall be the res ponsibility of the CM. 13.3. The CM shall cooperate with the state, county and municipal authorities by applying for and obtaining all building and other required permits. 13.4 . The CM shall assist the Designer with transmittal of documents to regulatory agencies for review and shall advise of potential problems in completing such reviews. 14. Procurement of Contracts with Contractors 14.1. All construction contracts, labor, materials and services s hall be procured in accordance with N.C. Gen. Stat. § 143-128.1 and other sections of Chapter 143 Article 8 of the North Carolina General Statutes relating to construction management at risk contracts. Construction contracts for the Work required for the Project shall be between the CM and Contractors . The CM shall request and receive bids for each contract and s hall advise the Owner with respect to award of a contract to the lowest res pons ive and re s pons ible bidder. The CM s hall enter into a contract with that bidder after receipt of approval of award from the Owner. 14.2. Establishment of Bid Packages and Contract Scope: The CM shall recommend for approval by the Owner the appropriate Contractor bid p ackages . The CM shall take into account the nee ds of the Project, the Mas ter Schedule, ri sk management, and the available resources, and divide the Work for the best benefit of the Project. The CM and the Des ig ner shall collaborate on the preparation of bid documents consistent with the bid packages identified by the CM and approved by the Owner. Consistent with state law , one or more bid packages shall be prepared for each of the general construction, electrical, mechanical , fire protection, and plumbing divi s ions of the Work of the Project. The CM shall prepare any other contract packages for other divisions or subdivisions of the Work as agreed with the Owner. The form of agreement and general conditions for inclusion in all bid packages and use in the contracts between the CM and the Contractors for construction for the Project s hall be based on the standard form of Agreement and General Conditions of the Harnett County Contract for Construction. The requirements of this A greement shall be included in each construction contract to the extent applicable to the construction contract. Supplementary General Conditions for Contractors shall be pr e pared by the CM and s ubmitted to the Owner and the Des igner with adequate time for review and comment before inclusion in bid packages. The Designer and the CM will collaborate on the preparation of the general Division One requirements of the Specifications. Separate General Conditions for materials and equipment procurement shall be prepared by th e CM to meet the specific requirements of the Project using forms approved by the Owner. The CM shall b e afforded a reasonable opportunity to review and comment on all special warranties and other obligations imposed on the Contractors by the Specifications. Oc tober 18, 2017 27 030518a HC BOC Page 75 14.3. Bidder's Interest Campaign: The CM shall conduct a telephonic and correspondence campaign to attempt to create interest among qualified bidders, both to foster competition for the Work of the Project, and to satisfy the requirements of the Owner's Minority Business Enterprise Policy, attached to this Agreement as Appendix C. 14.4. Prequalification of Contractors: The CM shall develop li sts of possible bidders and shall prequalify bidders. This service shall include the following : preparation and transmission of questionnaires; receiving and analyzing completed questionnaires; interviewing possible bidders, bonding agents, and financial institutions ; and preparing summary reports regarding this activity to the Owner. The CM shall also prepare and transmit to the Owner and De s igner a bidders list for each bid package. The Owner shall notify the CM promptly of any reasonable objections to a proposed bidder, and the CM shall remove that bidder from the bidders list. 14.5. Business Participation Goals and Standards: The CM shall comply with all of the requirements of the Owner's Minority Business Enterprise Policy, attached to this Agreement as Appendix C, and N.C. Gen . Stat.§ 143-128.2 . 14.6. Notices and Advertisements: The CM shall prepare and place notices and advertisements to solicit competitive bids for the Project. 14. 7. Delivery of Bid Documents : The CM shall expedite the delivery of bid packages to the bidders. The CM shall obtain a ful I set of documents from the Designer and arrange for printing, binding, wrapping and delivery to the bidders. The CM shall maintain a record of bidders receiving documents. 14.8. Pre-Bid Conference : In conjunction with the Des igner, the CM shall conduct a Pre-Bid Conference. These conferences shall be forum s for the CM and Des igner t o explain to the bidders the Project requirements, including information concerning schedule requirements, time and cost control requirements, access requirements, contractor interfaces, minority and women 's bus iness enterprise goals, the Project administrative requirements and technical information. 14 .9. Information to Bidders: The CM shall d evelop and coordinate procedures to provide answers to bidders' questions. 14 .10. Addenda : The CM shall receive from the De s igner a copy of all addenda. The CM shall review addenda for clarity, consi stency and coordination. B y performing the reviews de scribed herein, the CM is not acting in a manner so as to a ss um e respons ibility or liability, in whol e or in p art, for all or any part of the Project de sign or the content of the des ign documents . The CM shall al so di stribute a copy of all addenda to each bidder receiving documents . 14 .11 . Requests for Clarifications and Substitutions: The CM will be respon s ible for logging all clarification and substitution requests that it receives , and forwarding them to the D esigner. It is to be noted that the Owner discourages substitutions . The Owner's approva l will be granted only upon the most persuasive arguments as to quality, function and financial merit regarding a substitution. 14 .12. Bid Opening: The CM shall conduct bid openings in accordance with North Carolina General Statutes . The CM shall tabulate all bids received, pro v ide a compari son of "budg et to actual" amount for each trade package and e valuate the bids to determine the lowest re spon s ive and respons ible bidder for each trade pa ckage . The CM shall not award or enter into any contract for Work on the Project until the C M has provided the Owner with written notice of the intent to award the contract with reasons for awarding the contract to the O ctob er 18, 2017 28 030518a HC BOC Page 76 successful bidder. This written notice shall also describe compliance by the bidder with the Owner's Minority Business Enterprise Policy. The Owner shall be given reasonable opportunity to consider the qualifications of the successful bidder and the impact of award of the contract on the Project and Construction Budget, and to object to the award of the contract to the low bidder. 14 .13. Change of Contractor Ordered by Owner: If the Owner directs the CM to award a contract to a bidder other than the lowest responsible and responsive pre-qualified bidder for any potion of the Project, the Guaranteed Maximum Price, if it has already been fixed, shall be increased by the amount of the difference between the award price and the price submitted by the lowest responsible and responsive bidder. The CM Contingency shall not be changed . I 4. I 4. Construction Contracts: Upon approval by the Owner, the CM shall prepare, execute, and deliver the Contract Documents between the CM and the Contractors. The CM shall also issue the notices to proceed. I 4. I 5. Permits, Insurance and Labor Affidavits: The CM shall verify that all required building permits, bonds, insurance, labor affidavits , and waivers required for the Project have been obtained. I 4. I 6. Bonds and Other Security for Performance by Contractors: In its Guaranteed Maximum Price Proposal , the CM shall recommend a program and costs for bonds or other security or insurance against default by Contractors as the CM deems appropriate to protect the CM and the Owner against such defaults. Such costs shall be included in the Guaranteed Maximum Price if approved by the Owner. 15 . Work by CM I 5.1. All of the labor and material s for the Work of the Project as described in the Drawings and Specifications developed by the Designer shall be performed by Contractors, except as specifically provided in this Article 15. 15.2. The CM may perform a portion of the Work only if (I) bidding produces no responsible, responsive bidder for that portion of the Work, no responsive, responsible bidder w ill execute a contract for the bid portion of the Work, or a Contractor defaults and a pre- qualified replacement cannot be obtained in a timely manner, and (2) the Owner approves performance of the Work by the CM. I 5.3. In the event the CM performs a portion of the Work under this Article I 5, the CM shall provide a lump sum price to the Owner or, in the event a Jump sum price cannot be agreed upon by the CM and the Owner, the CM s hall be entitled to its actual direct cost to perform the Work, which shall be limi ted to direct labor costs with reasonable burden, actual material costs witho ut markup for overhead o r profit, actual equipment costs w ith out markup for overhead or profit, and actual subcontract payments without markup for overhead or profit. Any other direct costs of the Work performed by the CM wi ll only be paid if approved by the Owner in advance of performing the Work. 16. Patents and Other Intellectual Property Rights 16. I . The CM shall secure all rights and pay all li cense fees, royalties , and costs arising from patents, trade secrets, copyrights, or other intellectual property rights that are in any way involved with the services or involved with or required for the service s performed by or on behalf of the CM. The CM shall defend, indemnify, and save harmless the Owner and it s present and future officers, employees, and agents from and against any and all liabilities (foreseeable or unforeseeable), penalties, fines, forfeitures, demands, claims, causes of actions, suits, judgments, and costs and expenses incidental thereto (including, wit hout October 18, 2017 29 030518a HC BOC Page 77 limitation, amounts paid pursuant to investigations, defense or settlements, and reasonable attorney's fees), which any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of a ny v iol at ion or an alleged v iolation of any patent, trade secret, copyright, or other intellectual property right resulting, in whole or in part, from any act by the CM or anyone who performs work for the CM or for whose acts the CM may be liable in connection with the Project, regardless as to whether such violation or alleged violation occurs prior to , during or after the completion of the Project. The CM shall not be responsible for or be required to provide such indemnity or defense should such patent, trade secret, copyright, or other intellectual property right be infringed upon or vio lated by the Owner or the Designer in the Contract Documents, including any drawings or specifications. 17. Ownership of Documents 17.1. The CM s hall be entitled to maintain possession of a reasonable number of sets of Contract Documents and record documents during and after the completion of the Project for its record s . After completion of the Project, the CM shall destroy or return to the Owner all other copies of such documents as requested by the Owner. The CM s hall not reproduce or distribute such documents to any third person or for any purpose other than bidding, permitting and construction of the Project. 17.2. All s ig nificant new information and all documents and other material s furnished to the CM or any Contractor by the Owner, and all information and all documents and other materials which the CM or any Contractor acquires or generates resulting from the Project, shall be the sole property of the Owner, and , except as s pecified otherwise in the next Section, shall be returned or furnished by the CM to the Owner or its de signee upon demand by the Owner. 17.3. The CM and any Contractor or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with CM: (i) shall not have or acquire any copyright, title to or ownership rights in any Drawings, Specifications, or other documents (or copies thereof) prepared by or on behalf of the Owner, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without prior written consent of the Owner and specific written verification or adaptation by the Owner. This prohibition shall survive final payment and completion of the Project, or termination or completion of the Agreement. Nothing herein s hall preclude the CM from reta inin g copies of the Contract Documents for record purposes. 17.4. The Designer shall provide electronic drawing file s to the C M upon request for use in preparing estimates, survey control of the s it e and building, preparation of coordination drawings, and preparation of shop drawings, provided that the CM and each Contractor with access to electronic drawing files from the Designer executes an document acceptable to the Owner and the Designer substantially in the form of the Agreement for Transfer of Documents in M achi ne Readable Form When Owner Owns the Instruments of Service attached to this Agreement and labeled Appendix I. 17.5. T he CM sh a ll ensure that all documents and material s coming within the possession, custody, or control of the CM or any representative in connection with the Project are retained to the extent and as required by the Contract Documents and any other applicable lega l requirements . The CM grants to and otherwi se shall obtain for the Owner an irrevocable, exclusive, royalty-free right to copy , republish , distribute and use, in whole or in part, any material developed in connection with the Project, whether copy righted or not, based on any informat ion , conclus ions, or developments re s ulting from or related to the service s and Work performed for the Project. October 18, 2017 30 030518a HC BOC Page 78 18. Contractor Submittals and Requests for Information 18.1. The CM shall establish and implement procedures for expediting, reviewing, and processing requests for information and proposed s ubstitution s and changes to the Work received from Contractors. All requests for information , submittals, Contractor schedule adjustments, substitutes, change order requests and other Contractor requests shall be submitted to the CM. The CM shall keep a log of all such requests, and the responses to such requests b y the CM, the Owner and the Designer. 18.2. The CM shall establish and implement procedures for expediting, reviewing, approving, and processing all required Contractor submittals, such as material and equipment samples, mock ups , special systems calculations, fabrication, erection and other s hop drawings, and operating and maintenance manual s. The CM shall be responsible for tracking and monitoring all such submittals throughout construction until all such submittals have been reviewed and finally approved by the Designer and reported to the Owner. 18.3 . The CM shall include the status of submittals and shop drawings as an agenda item at all Owner meetings and advise the Owner reasonable promptness of any delays in the shop drawing and submittal process. 18.4 . The CM shall develop a shop drawing and submittal aging report which is to be submitted to the Owner at each weekly progress meeting. The report must include anticipated and actual submittal dates and must be coordinated with the Master Schedule. 18.5. The CM is to ensure that shop drawing/submittal packages are submitted in an appropriate manner and, if not, return them to the Contractor for proper submission. All Contractor s ubmittal s shall be s ubmitted initiall y to the CM for review, approval and appropriate routing to the Designer and, if appropriate, the Owner. The CM s hall provide additional copies of any submittals or s hop drawings requested by the Owner. 18.6. The Master Schedule for the Project s hall includ e timeframes and dates for delivery and approval of s ubmittal s. A separate s ubmittal schedule shall also be maintained and coordinated with the Master Schedule for ease of reference by the Contractors, Owner, and the Designer, which shall be consistent with the Master Schedule. The specific format and information to be provided in the s ubmittal schedule must be reviewed and approved by the Owner and Designer prior to its use on the Project. 18.7 . Approval of submittals, shop drawings or special systems calculations by the Designer shall not be construed as relieving the CM from respon s ibility for compliance with the design or terms of the Contract Documents nor from responsibility of errors of any so rt in the detail s or shop drawings, unless such error has been called to the attention of the Designer in se parate writing by the CM. 19. Use of Premises, Site Conduct, and Safety and Protection of Property 19 .1. The CM shall be re s pon s ible for the entire s ite and shall provide all the nece ssary protections required by the Owner and by laws or ordinances governing safety and protection of property. Consistent with the indemnification provisions elsewhere in this Agree ment, the CM s hall be re s ponsibl e for protecting the public and those on the s ite against all bodily injury or harm , and protecting against any damage to the Work, to adjacent property, and to property of others. The CM s hall have access to the Project at all times. Subject to its ultimate contractual re spons ibility for protection of the Work, property and the public under this Agreement, and subject to any non-delegable duties imposed by law, the CM may delegate to Contractors the se obligations of the CM under thi s Agreement, and may obtain indemnification and ins urance from Contractors as the CM deems reasonable and prudent. October 18 , 20 17 31 030518a HC BOC Page 79 19.2. The CM shall provide cover and protect all portions of the structure when the Work is not in progress, provide and set all temporary roofs, covers for doorways , sash and windows, barricades, and all other materials necessary to protect all the Work on the building, whether set by it , or any of the Contractors. Any completed Work or Work in progress damaged through the lack of proper protection or other act or omission of the CM or the Contractors shall be repaired or replaced without extra cost to the Owner. 19.3. No fires of any kind will be allowed inside or around the Project site during the course of construction without special written permission from the Owner. 19.4. In the event any artifacts or articles which appear to have archaeological or historical significance are discovered by the CM or any Contractors, the CM shall immediately provide Notice to the Owner before proceeding with any Work and before the conditions are further disturbed at the location of the discovery. Neither the CM nor any Contractor shall have any property rights to such artifacts or articles. 19.5. The CM shall protect all trees and shrubs designated to remain in the vicinity of the Project Site by building substantial protection around same. The CM shall barricade all walks, roads, etc., as authorized by the Owner to keep the public away from the construction. All trenches, excavations or other hazards in the vicinity of the Work shall be well barricaded and properly lighted at night. I 9.6. The CM shall develop and implement a Project Safety Program. The CM shall report to the Owner, as part of the MICS, any safety violations and actions taken to protect the safety of persons and property engaged in the Project. The CM shall require that all Contractors meet or exceed the Project Safety Program requirements including where those requirements meet or exceed State or Federal requirements. 19.7 . In the event the Owner implements an Owner Controlled Insurance Program ("OCIP"), the CM agrees to cooperate and coordinate with any safety plan or ri sk management plan implemented in connection with the OCIP. 19.8. The CM shall implement the Project Safety Program for the protection of all persons on the job, including the requirements of the A.G.C. Accident Prevention Manual in Construction, as amended, and shall fully comply with all state laws or regulations and North Carolina State Building Code requirements to prevent accident or injury to persons on or about the location of the Work. The CM shall clearly mark or post signs warning of hazards existing, and shall barricade excavations, elevator shafts, stairwells, floor and wall openings and similar hazards. The CM shall protect against damage or injury resulting from falling materials and shall maintain all protective devices and signs throughout the progress of the Work. 19.9. The CM shall, at a minimum, adhere to the rules , regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry. 19.10. As part ofthe Project Safety Program, the CM agrees to implement a Public Hazard Control Plan conforming to the standards set forth in ANSI A I 0.34-2005R. The Public Hazard Control Plan shall be submitted to the Owner for review and approval before construction begins on the Project. 19. I 1. The CM shall de s ignate a re s ponsible member of its organization as safety in spector , whose duties shall include accident prevention on the Project. The name of the onsite safety inspector shall be made known to the Designer and Owner at the time the Work is started. The CM will provide the Owner with the name of each Contractor's onsite safety officer. October 18, 2017 32 030518a HC BOC Page 80 19.12. In the event of emergency affecting the safety of life, the protection of Work, or the safety of adjoining properties, the CM is hereby authorized to act at its own discretion, without further authorization from anyone, to prevent such threatened injury or damage. Any compensation claimed by the CM on account of such action shall be determined as provided for herein. 20. Environmental Protection 20.1. If demolition of existing structures is part of the scope of its Work on the Project, the CM acknowledges that the Project site may contain potentially hazardous substances and/or hazardous waste, including asbestos and lead paint, the exact extent, location and physical and chemical characteristics of which may be unknown or which may differ from the results of previous site investigations. The CM acknowledges that it has reviewed or had adequate opportunity to review various documents provided by the Owner concerning environmental investigations and hazardous substances, pollutants or contaminants, or solid wastes at the site. The CM has inspected the site and is fully aware of work, which has been performed at the site regarding hazardous substances, pollutants or contaminants, or solid wastes. The CM will develop a demolition and asbestos abatement plan with reasonable precautions to protect workers, visitors and the public from potentially hazardous substances and/or hazardous waste. This plan shall be part of the Construction Management Plan and shall be submitted to the Owner, the Designer and all necessary regulatory agencies before demolition begins . 20.2. If the demolition and asbestos abatement plan precautions are inadequate to prevent foreseeable bodily injury or death to persons resulting from an unforeseeable material or s ubstance encountered but not created on the site by the CM or its Contractors, the CM shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Designer in writing. The CM shall, if reasonable , revise its demolition and asbestos abatement plan to take into account the unfore seen material, substance or condition, and shall take respons ibility for remediation of th e material, substance or condition from the site in accordance with the revised plan. CM s hall be entitled to recover all reasonably incurred extra costs. 20.3. The CM will take all meas ures necess ary to prevent the release by the CM or any of it s Contractors of any hazardous s ubstance s at the Project site or adjacent areas. The CM will immediately notify the Owner of any spills, emissions or other release s of hazardous or potentially hazardous substances at or adjacent to the Project site due to the CM or it s Contractors. The CM will be re s ponsible for removing from the Project s ite and areas adjacent thereto, and for properly disposing of, in compliance with the Contract Documents, all applicable laws and applicable permits, all hazardous or potentially hazardous substances generated or accumulated by the CM or any Contractor in the course of performing the Work. 20.4 . Any land-di sturbing activity performed by the CM in connection with the Project shall comply with all erosion control meas ure s set forth in the Contract Documents and any additional measures which may be required in order to ens ure that the Project is in full compliance with the Sedimentation Pollution Control Act of 1973, as implemented b y Title 15 , North Carolina Administrative Code, Chapter 4 , Sedimentation Control , Subchapters 4A, 48 and 4C , as amended (15 N.C.A.C. 4A, 48 and 4C). 21. Insurance and Indemnity 21.1. In s urance by Owner: The Owner shall not be required by this Agreement to procure or maintain any insurance for the Project or for the benefit of the Project participants. The only insurance maintained by the Owner will be such insurance as the Owner otherwise decides October 18 , 2017 33 030518a HC BOC Page 81 to carry to cover liabilities or losses of the Owner and its agents and separate contractors during the timeframe of the Project. It is the intent of this Agreement that the CM will implement insurance plans and purchase insurance policies to protect the Work and to insure against liabilities of the CM and the Contractors. Such insurance shall be of the kinds and have limits of liability and coverages not less than the minimum limits hereinafter specified or required by law, whichever is greater. Notwithstanding the foregoing conditions, the Owner reserves the right to implement an Owner-Controlled Insurance Program ("OCIP") to provide any or all of the coverages otherwise required of the CM. The terms and conditions of any OCIP will be in the discretion of the Owner, provided the Owner will give the CM at least sixty days notice of the intent to implement the OCIP with an opportunity to comment on its terms. The CM shall be given at least fourteen days to comment on the OCIP terms and conditions. After the CM reviews the proposed coverage terms and limits of such OCJP, the parties agree that provisions of Article 21, including, but not limited to, matters addressing insurance required to be provided by CM, coverages, limits and indemnification by CM and Contractors, will be modified such that they are consistent with the OCIP and are mutually agreeable to both the Owner and the CM. 21.2. Insurance by the CM: The CM shall purchase and maintain builder's risk insurance and liability insurance that shall protect the CM from the claims set forth below that may arise out of or result from the CM's performance of services pursuant to this Agreement: 21.2.1. Claims under Workers' Compensation, disability benefits and other similar employee benefits acts that are applicable to the Work performed; 21.2.2. Claims for damages because of bodily injury, occupational sickness or disease or death ofCM's employees under applicable employer's liability law; 21.2.3. Claims for damages because of bodily injury or death of any person other than CM 's employees; 21.2.4. Claims for damages insured by usual personal injury liability coverage that are sustained by any person as a result of an offense directly related to the employment of such person by the CM or by any other person; 21.2.5. Claims for damages , other than to the Work itself, because of injury to or destruction of tangible property, including loss of use therefrom; 2 I .2.6. Claims for damages because of bodily injury or death of any person or property damage arising out of ownership, maintenance or use of any motor vehicle; 21.2.7. Claims for damages because of bodily injury or property damage, including loss of use therefrom, arising out of consolidation, transfer, transport , disposal , storage or other handling of hazardous or toxic waste, material , chemicals, compounds or substances at any location; and 21.2.8. Claims for professional liability against any design professional engaged by the CM or the Contractors as required by the Contract Documents for fabrication or installation of components of the Project. 21.3. The CM shall include similar requirements in all Contracts with Contractors, with limits and coverage terms acceptable to the Owner. 2 I .4. The Owner makes no representation as to the adequacy or sufficiency of any coverage required by thi s Agreement. Insurance coverage by the CM is subject to the following general requirements. The following requirements shall in no way be construed to limit or eliminate the liability of the CM that arises from performance of Work under the Agreement. The CM is strictly responsible for all deductibles , self-insured retention, co-pays, and any October 18 , 2017 34 030518a HC BOC Page 82 losses, claims, and costs of any kind which exceed the CM's limits of liability, or which may be outside the coverage scope of the policies. The insurance specified shall be effected with an insurer approved by the Owner, authorized to do such business in the State of North Carolina, and on terms approved by the Owner. Insurance companies utilized shall have a minimum rating of A-and Class VII as evaluated by the most current A.M. Best Rating Guide. If the insurer has a Best Rating less than A-and Class VII, the CM must receive specific written approval from the Owner prior to proceeding with any Work under the Agreement. All agents and brokers shall hold valid licenses from the State of North Carolina. Before commencing mobilization to the Project site and not later than seven (7) days after the receipt of the Construction Agreement by the CM for signatures, the CM shall furnish to the Owner a certificate or certificates of insurance in a form satisfactory to the Owner. Upon request of the Owner, the CM shall provide the Owner with certified copies of the insurance policies required by this Article, including without limitation declaration pages, conditions, exclusions and endorsements, and confirmation that each policy premium has been paid for the required term of this Agreement. A copy of the umbrella policy shall be provided to the Harnett County Risk Management Department. Certificates of insurance shall be signed by a person authorized by that in s urer to bind coverage on its behalf. All in surance policies shall provide, as evidenced by Certificates of Insurance, that the in surance shall not expire, be canceled, reduced, restricted, or changed in any way without at least thirty (30) days prior written notice to the Owner. With regard to expiration, cancellation, reduction, restriction, or any other change, certificates shall state: "Should any of the following described policies be canceled before expiration date or be due to expire within thirty (30) days , the insurer shall mail thirty (30) days prior written notice to named certificate holder." In the event of any such cancellation, non-renewal , reduction, re striction, or change in any insurance, the CM is obligated to replace suc h ins urance within seven (7) days without a gap in coverage and fi le accordingly such notice with the Owner, and other interested parties. Failing immediate receipt of evidence of such replacement of insurance, the Owner reserves the right to procure such ins urance as the Owner considers desirable and the CM shall pay or reimburse the cost of the premium in re spect thereof. It is express ly provided, however, that any action or inaction on the part of the Owner in thi s respect shall in no way change or reduce the CM's responsibilities and liabilities under thi s Agreement. Self-funded, policy fronting, or other non-ri sk transfer insurance mechanisms are not acceptable without prior written approval of the Owner. Full disclosure of such a program must be made prior to commencing mobilization to the Project site. Failure to make a full disclosure constitutes a material breach of the Agreement, justifying termination for default. 21.5. The CM shall name the Owner as additional insu red under all of its ins urance contracts wit h respect to and including without limitation liability arising out of activities performed by or on behalf of the CM, products and completed operations of the CM, and automobiles owned, hired , leased, or borrowed by the CM. The coverages shall contain no special limitations on the scope of protection afforded to additional insured s. 21.6. For any claims related to this Project, the CM's in surance or self-insurance shall be primary and noncontributory with respect to the Owner's insurance. Any insurance or self-insurance maintained by the Owner shall be excess and noncontributory with respect to the CM's insurance. 21.7. All policies of insurance shall contain a clause waiving ri ghts of subrogation against the Owner, unless the Owner approves otherwise in writing. 21.8. T he CM's insurance s hall apply separately to each insured against whom claim is made or sui t is brought, except with respect to the limits of the insurer's liability. October 18 , 2017 35 030518a HC BOC Page 83 2 I .9. The claim provisions in the CM's insurance policies must specifically state the insurance company has both the right and duty to adjust a claim and provide defense. 21. l 0. The policies shall not contain any provision or definition which would serve to exclude or eliminate from coverage third party claims, including exclusions of claims for bodily or other injury to shareholders, partners, officers, directors, or employees of the CM or the Owner. 21.11. If the policies contain any condition stating that coverage is null and void ( or words to that effect) if the CM does not comply with the most stringent regulations governing the Work, it shall be modified so that coverage shall be afforded in all cases except for the CM's willful or intentional noncompliance with applicable government regulations. 2 I .12. Any failure by any person to comply with reporting or other provisions of any insurance policy, including breach of warranties, shall not affect coverage provided to the Owner and its representatives, officials, and employees. 21.13. The insolvency or bankruptcy of the insured or of the insured's estate shall not relieve the insurance companies of their obligations under these policies. Any clauses to the contrary are unacceptable and must be stricken. 21.14. Failure to comply with these requirements shall be a material breach of this Agreement justifying termination for default. 21.15. CM Insurance Coverage Limits 2 I .15. l. Workers ' Compensation shall be maintained with at least the minimum statutory limits, and including Employer's Liability with limits of at least $1,000,000.00. All Workers ' Compensation policies provided by the CM and the Contractors shall contain a waiver of subrogation in favor of the Owner. 2 I .15.2. Commercial General Liability s hall be maintained with at least the fo ll owing minimum limits: 21.15 .2.1 . $2,000,000 21.15 .2.2. $4,000,000 21.15.2.3. $4,000,000 Bodily Injury and Property Damage for each occurrence Products/Completed Operations Aggregate General Aggregate 2 1.15.2.4. Coverage shall include, but not be limited to, the following s upplementary coverages: Contractual Liability to cover liability assumed under thi s Agreement Product and Completed Operations Liability insurance Broad Form Property Damage Liability insurance Independent Contractors 2 I .15.2.5. Such policy shall include all of the coverages, which may be included in coverages A , B , and C contained in the Commercial General Liability Policy, without deletion . Such policy must be issued on an "occurrence" bas is, as distin g ui s hed from a "claim s made" basi s. 21.15.2.6. Completed Operations shall ex tend six (6) years after final payment 21.15.2.7. If Contractors have de s ign res pons ibility, endorsement CG22 80 and DIC for contractors' professional liability is required unles s waived by the Owner. October 18 , 20 17 36 030518a HC BOC Page 84 21.15.3. Commercial Motor Vehicle Liability shall be maintained with at least the following minimum limits : 21.15.3.1. Minimum Combined Single Limi t that shall not be less than $1 ,000,000 per occurrence 2 1.15.3.2 . Commercial Automobile Liability in surance shall cover all vehicles owned by , hired by, or used on b ehalf of the Contractor. 21.15.4. For Contractors w ith remediation o r abatement respons ibilities, Contractors shall c arry Contractor's Pollution Liability Cov erage. Coverage mu st be s udden and non-sudden, and include : 21.15.4.1. Bodily injury , s ickness, disease, mental anguish, or shock s ustained by any perso n, including death; 21.15.4.2. Property damage, including phys ical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been ph ysically injured or destroyed ; and 21.15.4.3. Defense, including cost s, charges, and expenses incurred in the inves tigation, adjustment, or defen se of claims for s uch compensatory damages. 21.15.4.4. The Owner must be named as Additional Ins ured , and a Non-Owned Disposal Site Endorsement must be provided, scheduling the appropriate landfill. 21.15.4.5. Minimum CPL limits of coverage shall be: Per Loss All Losses $1 ,000,000 $2,000,000 21.15.5 . Excess/Umbrell a Liabili ty sh a ll be maintained with the following minimum limits: 21.15.5.1. $25,000,000.00 per Occurre nce 2 1.15 .5.2. $25 ,000 ,000.00 Aggregate 21.16. Policies: Comm ercial general liability ins urance m ay be arranged und er a si ng le policy for the full limits required or by a combination of underl ying policies w ith the balance provided by an excess or umbre ll a li ab ility policy. The Owner s ha ll be an additional insured on all comm er cial gene ra l li abi lity policies and automobile liability polic ie s submitted t o compl y with thi s Article. Commercial genera l liability and excess li a bility policies sh a ll be endorsed wi th a schedule of underlying liability polic ie s required and obtained from the Contractors. Coverage under the commercial gene ral li abi l ity policies s hall not be limited by any la ng uage in the contracts with the Contractors m aki ng the Contrac tors li a ble for losses in excess of the limits of coverage provided by the Contractors. 2 1.1 7. Professional Li ab ility Policies: A policy for profess ional li ability s hall be provided by the CM for its services under thi s Agreement. In addition, the CM sha ll obtain from certain Contractors or des ign professional s retained by them, professional li ability ins urance as required by the Owner. The limits of coverage re quired for professional liabili ty in s ura nce sha ll be in cluded in the CM proposal for in s urance, a nd will be s ubject to a pproval b y the Owner, taking into account among any other reasonabl e factors the ri s ks in sured against, the cost of the in suran ce, and the professionals providing the in surance. 2 1.18. Cancell ation: The foregoing policies s ha ll contain a provision that coverages afforded under the policies shall not be cancelled o r expire until at least thi rty (30) days written notice has been g iven to the Owner and s hall include an e ndorsement covering thi s Agreement. October 18, 20 17 37 030518a HC BOC Page 85 Certificates of Insurance showing such coverages to be in force shall be filed with the Owner contemporaneously with execution of this Agreement or any relevant Contractor contract. 21.19. Builder's Risk Insurance: The CM shall be responsible for purchasing and maintaining insurance satisfactory to the Owner to protect the Project from perils of physical loss. 21.19. l. The Owner shall receive copies of the builder's risk insurance policies that satisfy this Article. The CM shall be responsible for any deductibles associated with this coverage. 21.19.2. The builder's risk insurance shall provide for the cost of replacement of the Work, including materials stored off site, at the time of any loss. The insurance shall include as additional insureds the Owner, the CM, the Contractors and their subcontractors and shall insure against the loss from the perils of fire and all risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief, terrorism, transit, flood, mold, earthquake, testing, or damages resulting from defective design, negligent workmanship or defective material. The CM shall obtain approval from the Owner before increasing any coverage due to increases in construction costs. 21.20. Other Property Insurance: The CM and each Contractor shall purchase and maintain contractor's property insurance covering construction machinery, equipment, too ls, construction trailers and their contents, and temporary scaffolding, whether owned, leased, rented, or borrowed and used by the CM or Contractor respectively in the performance of the Project Work. The CM and its Contractors shall be responsible for any deductibles associated with this coverage. The Owner w ill not be responsible for any loss or damage to tools and equipment belonging to the CM or its Contractors. Each insurance policy covering such tools and equipment will include a waiver of subrogation in favor of the Owner, Designer, engineers and other enrolled parties. Such coverage shall be written on a policy form at least equivalent to that provided by a "Contractor's Equipment Floater" as customarily defined within the insurance industry. The CM and Contractors also agree to notify all tiers of Contractors of their obligation to insure any machinery, equipment, and tools used by the Contractors in the performance of the Project Work. 21.21. Valuable Papers & Records: The CM shall provide valuable papers and records insurance with coverage in the amount of $250,000 per occurrence. 21.22 . The CM may, with the prior approval of the Owner, provide the insurance coverages required herein through either its enterprise insurance program or a Contractor Controlled Insurance Program (a "CCIP"), both meeting the coverages and limits described herein. 21.23. Partial Occupancy: If the Owner occupies or uses a part or parts of the Project prior to substantial completion thereof, such occupancy shall not occur until the Owner obtains property insurance for the part or parts of the structure occupied by the Owner. 21 .24. Notices and Recovery: If requested by the Owner, the CM shall provide the Owner with copies of all policies thus obtained for the Project. The CM shall provide the Owner with thirty (30) days advance notice of expiration, cancellation, non-renewal or endorsement reducing or restricting coverage. 21.25. Waiver of Subrogation: The Owner and the CM waive all rights against each other and against the Contractors, consultants, agents and employees of the other for damages occurring during construction and covered by builder's risk and any property insurance required for this Project, excluding the Owner's property insurance. The Owner and the CM shall each require appropriate similar waivers from their contractors, consultants and agents. October 18 , 2017 38 030518a HC BOC Page 86 This waiver does not apply to any design liability, or to manufacturer's or installer's warranties. 21.26. CM As Joint Venture: If the CM is completing this Project on ajoint venture basis, whether as a partnership, limited liability company, or any other form of business association or entity, the CM joint venture and each member of the joint venture retains all liabilities assumed by this Agreement, jointly and severally. This may include, but is not limited to, all premiums due, deductibles/self-insured retentions, coinsurance provisions, claim provisions, insurance policy conditions, and indemnification provisions hereunder. For CM provided insurance, evidence of a blanket joint venture endorsement substantially similar to the following must be obtained from the general li ability and pollution liability carriers of each joint venture partner and maintained for a period of 6 years after completion of the Project: "With respect to ''your work", and the ''products-completed operations hazard", you are an insured for your liability arising out of the conduct of any partnership or joint venture of which you were a partner or member, even though this partnership or joint venture is not shown as a Named Insured in the Declarations. This coverage is excess over any available liability purchased specifically to insure th e partnership or joint venture. This coverage will not inure to the benefit of any other party except you. " 21.27. Indemnity : To the fullest extent permitted by law, the CM s hall indemnify and hold harmless the Owner and its employees of any of them from and against third party claims, demands, suits, damages, losses, costs and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, but only to the extent caused by the negli gent acts or omissions of the CM , a Contractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable . The CM shall not be required to indemnify any person against losses resultin g from a breach of contract or resulting from negligence, mi sconduct or violation of laws on the part of any perso n indemnified hereunder. Such obligation shall not be construed to negate , abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person de scribed in this Section. In claims against any person or entity indemnified under this Section by an employee of the CM, a Contractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CM or a Contractor under workers' compensation acts, di sability benefit acts or other employee benefit acts. 21.28. Indemnification by Designer: The Owner shall cause the Designer to indemnify and hold harmless the Owner, its employees, agents and representatives to the same extent and in the same manner that the CM has provided indemnification for the Owner under thi s Agreement. 21.29. In demnification by Contractors: The CM shall cause each Contractor to indemnify and hold harmless the Owner, CM and Des igner from and against any and all claims, demands, su its , damages, costs, expenses and fees that are asserted against the Owner, CM or the Designer and that arise out of or result solely from negligent acts or om issions or the breach of the Contractor's Contract by the Contractor, its employees, agents and representatives in performing the Work. 22. Time for Performance, Sched uling and Progress Maintenance 22.1. The CM shall be re s ponsible for Project scheduling and efficient and timel y prosecution and completion of the Work. The obligations and duties of the CM with regard to scheduling and progress maintenance shall be as follows: October 18 , 2017 39 030518a HC BOC Page 87 22.2. Master Schedule: In accordance with the Construction Management Plan, the CM shall prepare a Master Schedule for the Project. The Master Schedule shall specify milestone dates and the proposed start and finish dates for each major project activity including all design and construction activities for the GMP. The Master Schedule shall consist of a critical path method (CPM) schedule utilizing accepted standard computer based software. The scheduling software shall allow for integration of all aspects of the Project and provide for coord ination of all Work to be performed. The scheduling software used by the CM shall be capable of producing and coordinating logic developed network diagrams, and tabular format reports. The CM shall submit the Master Schedule to the Owner for acceptance. 22.3. Design Phase Milestone Schedule: In accordance with the Construction Management Plan, after the Owner accepts the Master Schedule the CM shall prepare a Milestone Schedule for the Design Phase. The Design Phase Milestone Schedule shall be used for judging progress during the Design Phase. The Design Phase Milestone Schedule activities shall include schematic design do cuments, design development documents , construction documents, permitting, creation of separate specifications and bid packages, and selection and approval of long-lead-time components of the Project. The CM shall monitor compliance with the De s ign Phase Milestone Schedule, and promptly notify the Owner and Designer of any delay or change in the Design Phase Milestone Schedule. 22.4. Pre-Bid Construction Schedules: Prior to transmitting Contract Documents to bidders, the CM shall prepare a Pre-Bid Construction Schedule for each part of the Project and make the schedule available to the bidders during the Procurement Phase. The CM shall inform the bidders of their responsibilities regarding the Pre-Bid Construction Schedule s pecified in the In structions to Bidders or Contract Documents. 22.5. Contractors' Construction Schedules: The CM shall provide a copy of the Master Schedule to the bidders. As part of the notic e of award of each contract, the CM shall inform each Contractor of the requirements for the preparation of a construction sc hedule. The Contractor shall prepare its own construction sc hedule in accordance with the requirements of the Contract Documents. The Contractor's Construction Schedule s hall establish completion dates that comply with the requirements of the Master Schedule. The CM shall review each Contractor's Construction Schedule and shall verify that the schedule is prepared in accordance with the requirements of the Contract Documents and that it establishes completion dates that comply with the requirements of the Master Schedule. 22.6. Master Schedule with Fixed Completion Dates: Substantial Completion, completion of all punch list items, and Final Completion of the entire Project shall achieved by the dates reflected in Appendix F, Master Schedule. The CM represents that th e Master Schedule has been reviewed in detail, that all of the activities wh ich impact, limit, or otherwise affect the time of completion of the Work are s hown in the Master Schedule and that all of the activities of others that impact, limit , or otherwise affect the start, duration , or completion of the CM's activities are also shown. The CM further represents that the CM can and will complete each activity within the time s hown for that activity. Liquidated Damages s hall be assessed based on the Master Schedule with Fixed Completion Dates. The CM shall develop the complete and final CPM sc hedul e in the fonn of a CPM network arrow diagram using the CM 's logic and time estimates for each segment of the Work. The CM scheduling obligation s hall include tracking the progress of the Owner's and the Designer 's tasks and activities in relation to the Master Schedule and promptly notifying the Owner of any delay that mi g ht impact construction. The arrow network diagram will be drawn in a leve l of detail s uitable for display of salient features of the Work, including but not limited to th e placing of orders for materials, submission of s hop drawings for approval, approval of shop drawings by the CM, Designer and the Owner, delivery of material, and all Work activities inclusive October 18 , 2017 40 030518a HC BOC Page 88 of punch list agreed to by the Owner. Each Work activity shall be assigned a time estimate by the CM. One day shall be the smallest time unit used. Data shall also be provided in Gantt form. Time is of the essence with respect to the Substantial and Final Completion dates for the Project. 22. 7. Schedule Monitoring: The Designer and the Owner shall monitor progress of the Work and the CM shall cooperate with such monitoring and provide any and all information with respect to the progress of the Work and scheduling as the Owner or the Designer may reasonably require. The CM shall identify potential variances between scheduled and desired completion dates, review the schedule for Work not started or incomplete, review the status of submittals and delivery of long-lead-time deliveries, review the Owner's occupancy priorities, and take the action necessary to meet the required completion date . The CM shall furnish to the Owner various schedules and updates setting forth planned and completed progress of the Project broken down by the various divisions or parts of the Work and by calendar days . The CM s hall ensure that all schedules are prepared and updated in strict conformance with the requirements of the Contract Documents for formatting of reports for the Owner. The CM shall keep the Owner, the Designer and all Contractors fully informed as to all changes and updates to the schedule. The CM shall ensure that all schedules incorporate necessary lead times for actions required by the Owner and regulatory agencies, by the Consultants, by the CM, by utility companies providing services or relocating service lines and facilities, by all Contractors, and for significant General Conditions events, including but not limited to submittals, permit and approvals applications and review of interim and final plans, specifications and bid packages. 22.8. Construction Schedule Report : The CM shall review the progress of construction of each Contractor on a monthly basis, shall evaluate the percentage complete of each construction activity as indicated in the Contractor's Construction Schedule and shall review such percentages with the Contractor. The monthly status report shall show the actual Work completed to date in comparison with the original amount of Work scheduled, inclusive of information on the Contractors' Work and the percentage of completion for the Project. The report shall describe major milestones achieved and slipped, including a di scus s ion of each s lippage . In addition to sc hedule information, the report shall contain an overall summary of the financial status of the Project with a cost control report with proposed solutions for resolution of any cost concerns or iss ues. The report s hall contain a summary statement on the statu s of change orders for the Project inclusive of potential change orders, approved change orders and rejected/voided change orders as well as change orders that require the Owner's immediate attention. The report shall contain a summary statement as to the s tatus of s hop drawings, submittals and RFI's for the Project inclusive of items requiring the Owner, the CM or the Designer's immediate attention. The report shall contain a summary statement as to the status of quality control/in s pections for the Project including, but not limited to , number and type of inspections made, overall Project quality to date, and recommendations. This evaluation shall serve as data for input to a monthl y Construction Schedule Report that s hall be prepared and distributed to the Owner and the Desi g ner. The Construction Schedule R eport shall indicate the actual progress compared to scheduled progress and shall serve as the basis for the progress payment to the CM. 22.9. Progress Records: The CM s hall keep accurate and detailed written records of Project progress during all stages of construction. The CM s hall maintain a detailed daily diary of all events, which occur at the jobs ite or elsewhere, and which affect, or may be expected to affect, Project progress . The diary s ha ll record weather data, including minimum and maximum temperatures, precipitation type and amount, sky conditions, and wind velocities. The diary shall also record a ll visitors, number of on-site workers for each contract and October 18, 2017 41 030518a HC BOC Page 89 include a detailed li st of all material deliveries to the site. The diary shall be available to th e Owner at all times and shall be turned over to the Owner upon completion of the Project. The CM shall compile and submit to the Owner daily a summary report consisting of the CM 's daily diary entry and each Contractor's daily report describing the construction activities of the day along with manpower and equipment usage, including that of the Contractors. 22.10. Project Site Meetings: The CM s hall conduct weekly coordination meetings at the site with all Contractors at which the Owner, the De signer, other designated representatives, and the CM can discuss jointly such matters as progress, scheduling, and construction-related problems. All Contractors shall be represented at these coordination meetings by both home office and Project personne l, unless s pecifically excused by both the CM and the Owner. The CM shall require attendance from other subcontractors and material su ppli ers who can contribute toward maintaining required job progress. It s hall be the principal purpose of these meetings to effect coordination, cooperation and assistance in every practical way toward the end of maintaining progress of the Project on schedule and to complete the Project within the specified contract time. The CM shall be prepared to assess progress of the Work and to recommend remedial measures for correction of progress as may be appropriate. The CM, with assistance from the Des igner, shall be the coordinator of the conferences and s hall lead the meeting. The CM shall take and distribute complete minutes of meetings to all attendees and others as directed by the Owner within three (3) days of such meetings. Representatives of the Owner may attend any or all meetings and shall in any case receive all notices and minutes of meetings. As set forth in the Master Schedule and the Contract Documents, the CM shall also conduct pre-insta llation and pre-construction m eetings for key components of the Work. The CM s hall conduct a separate monthly meeting with the Owner and the Des igner to update th em on progress of the Work. 22.11. Recovery Schedules: Should the CM fail to start a critical activity on the start date shown in the Master Schedule or otherwise become delayed, the CM and its Contractors shall, without being entitled to any increase in the Guaranteed Maximum Price or other compensation, work overtime, increase labor forces or take such other action as may be necessary or appropriate to complete the activity by the adjusted Completion Dates s hown on the Master Schedule, unless the CM is entitled to an extension of the Completion Dates under this Agreement. The CM shall require each Contractor to prepare and submit a recovery schedu le as specified in the Contract Documents. The CM s hall review and ascertain that each Contractor is providing sufficient resources to regain lost time. In no event will the Guaranteed Maximum Price be increased or any expenses be paid to the CM or its Contractors for delays caused by the CM or any Contractor, even if there is a concurrent delay or suspens ion by the Owner, it being understood that the CM bears the risk of delays caused by its Contractors. 22.12. Updates and Revisions to Master Schedule: As necessary throughout the Project, the CM may make revi s ions to the Master Schedule so long as such revisions do not alter agreed milestone dates. All adjustments to the Master Schedule shall be for the benefit of the Project. The Owner shall issue change orders to the appropriate parties as required by this Agreement to implement justified revi sions to the agreed milestone dates in the Master Schedule. During the construction phase, the CM s hall update the Master Schedule and distribute copies to the Owner and the Designer on a monthly basis, s howing any adjustments made by any change order, and showin g any day s gained or days lost with re spect to any activity. The form used s hall be approved by the Owner and s hall be submitted with the monthly invo ice. The CM shal l also develop and submit a Work plan for a two week, thirty day and sixty day look ahead. October 18 ,2017 42 030518a HC BOC Page 90 22.13. Non-waiver: If the CM submits a construction sc hedule , progress report, or any other document that indicates or otherwise expresses an intention to achieve completion of the Work prior to any established completion date, no liability of the Owner to the CM for any failure of the CM to so compl ete the Work shall be created or implied. 22.14. Schedule Adjustment: If the CM and its Contractors, for reasons beyond their control, are delayed in beginning or the continuing of any activity, the CM shall, nevertheless, have the same number of days as is shown in the Master Schedule for the activity , and the completion date of the affected activity and any succeeding activity that is dependent upon that activity s hall be adjusted accordingly; provided that at any time the Owner, by means of a c hange order, may require the CM to work overtime, to increase labor forces or to take any nece ssary or appropriate action to decrease the time required for any activity, and the CM shall be entitled to an adjustment in the GMP computed in accordance with this Agreement. The CM shall review the contents of a request for changes to the construction contract time or price submitted by a Contractor, assemble information concerning the request and endeavor to determine the cause of the request. In instances where the CM's analysis reveals that the request is valid, the CM shall prepare a detailed report to the Desig ner and the Owner for review, consideration and approval. The CM shall, prior to the issuance of a change order, determine the effect on the Master Schedule of time extensions requested by the Contractor. The Designer shall prepare the necessary change order documents for signing by the CM, Designer and Owner. The CM shall then prepare the necessary documents to effect a change to the contract with the Contractor. 22.15. Work by Owner: If the CM, within a period of seven (7) days after notice that it is behind in a critical activity or is otherwise in default under this Agreement, shall not proceed in good faith and with reasonable speed to correct such delay or default in accordance with such notice, the Owner shall have full power and authority to take the prosecution of the Work out of the hand s of the CM, to appropriate or use any or al I material s and equipment at th e Project as may be suitable and acceptable, and to enter into other agreements for the completion of the Work or pursue such other methods as in the Owner's sole discretion and opinion shall be necessary or appropriate for the completion of the Work in an acceptable manner. The Owner shall have the ri ght to perform Work, hire and employ labor and craftsmen, rent equipment, s ubcontract with other parties, or do anything that the Owner deems necessary or appropriate to remedy or cure any delay or default by the CM in the progress of the Work. Such action by the Owner s hall not, in any way , affect, void or limit any warranty, guaranty or other responsibility of the CM under the Contract Documents. All costs incurred by the Owner in taking any such action shall be charged to the CM and deducted from any amounts remaining due under the Agreement. 22.16. Force Majeure: The CM may be entitled to an extension of the time for completion (but no increase in the Guaranteed Maximum Price) for delays arising from unforeseen causes beyond the control and without the fau lt or negligence of the Owner, the CM or the CM 's Contractors as follows: 22.16.1. Acts of God, tornado, fire, hurricane or earthquake that damage completed Work or stored materials. 22.16.2. Acts of the public enemy; acts of the State, Federal , or local government in their sovereign capacities. 22.16.3. Abnormal inclement weather which s hall mean the existence of hail, snow, extreme low or high temperatures, hi g h wind , severe du st storm, or any combination th ereof by virtue of which it is either not reasonable or not safe for employees exposed thereto to continue working whilst the same prevail. October l8,20 17 43 030518a HC BOC Page 91 22.17. Notice: The CM and the Contractors shall not be entitled to and hereby expressly waive any extension of time resulting from any condition or cause unless a claim for extension of time is made in writing to the Owner within seven (7) days of the first instance of delay for all delays, except abnormal inclement weather which shall be made in accordance with section 22.19. All claims not filed in accordance with this Article shall be waived by the CM. Circumstances and activities leading to such claim shall be indicated or referenced in a daily field inspection report for the day(s) affected. In every such written claim, the CM shall provide the following information: 22.17.1. Nature of the Delay ; 22.17 .2. Date ( or anticipated date) of inception of delay; 22.17.3. Activities on the Master Schedule affected by the delay, and/or new activities created by the delay and their relationship with existing activities; 22.17.4 . Identification of person(s) or organization(s) or events(s) responsible for the delay; 22.17.5. Anticipated extent of the delay; and 22.17.6. Recommended action to avoid or minimize the delay. 22.18. Weather Delays: On any day the CM considers that the Project is delayed by adverse weather conditions, the CM shall identify in writing to the Designer and the Owner the adverse weather conditions affecting each activity, the specific nature of the activity affected, the number of hours lost, and the number of and identity (by responsibility or trade) of workers affected. The Designer shall subsequently provide written recognition of the delay. The time for performance of this Agreement includes an allowance for a number of calendar days which may not be suitable for construction Work by reason of adverse weather. The contract time will be extended only if the number of calendar days of adverse weather recognized by the Designer in a given month exceeds the number of inclement weather days set forth below, and the CM clearly demonstrates how this adverse weather negatively impacts activities on the critical path of the Master Schedule: Month Number of Inclement Weather Days January 7 February 6 March 7 April 6 May 7 June 6 July 8 August 6 September 5 October 5 November 5 December 9 22.18.1. If the CM believes that the progress of the Work has been adversely affected by adverse weather recognized by the Designer during a particular month, the CM shall October 18 , 2017 44 030518a HC BOC Page 92 submit a written request for extension of time to the Designer. Such a request for an extension of the contract time shall be submitted by the tenth (10th) day of the month following that month in which the adverse weather is encountered. The request shall include, but is not limited to, the following information: 22.18.1.1. Detailed description of weather's effect on scheduled activities and its net effect on the critical path of the Project, and 22.18.1.2. Weather records from the official weather station nearest the Project site and records of actual observation as contained in daily reports , correspondence, or other contemporaneously prepared documentation. 22.19. Damages for Delay: The CM shall not be entitled to any adjustment in the Guaranteed Maximum Price or other compensation from the Owner for any delay in the completion of or progress on the Work that is caused by a force majeure condition or is otherwise not caused by the sole and direct act or omission of the Owner, Designer or their respective employees, or agents or others for which either is responsible. 22.20. Liquidated Damages for Delay: The CM specifically recognizes that a delay by the CM in achieving the Completion of the Project will necessarily cause damages, losses, and expenses to the Owner, including, but not limited to and by way of illustration only, increased capitalized costs and interests for the Project, increased and extended Project overhead, Designer's and Consultant's fees , increased costs of construction, increased and extended operation costs of other facilities, and inefficiency and loss of productivity, and that such damages , losses, and expenses may not be readily identifiable or ascertainable at the time they are incurred or at any later time. Therefore, and in recognition of these factors and the likelihood that actual damages from a delay will not be readily ascertainable, the CM agrees to pay to the Owner, as Step One Liquidated Damages and not as a penalty, the sum of One Thousand Five Hundred Dollars ($1,500) as the Liquidated Damages per day, for each day by which a failure by the CM to meet the Substantial Completion Date shown in the Master Schedule, adjusted in accordance with this Article, delays the Substantial Completion of the Project. Furthermore, the CM agrees to pay to the Owner, as Step Two Liquidated Damages and not as a penalty, the sum of five hundred Dollars ($500) as Liquidated Damages per day, for each day by which the CM fails to achieve satisfactory completion and sign off of all punch lists or deficiency lists as shown in the Master Schedule, adjusted in accordance with this Article; provided, however, that no Step Two Liquidated Damages shall be assessed against the CM so long as Step One Liquidated Damages are being assessed. The sum for Liquidated Damages is the amount reasonably estimated in advance to cover the losses to be incurred by the Owner by reason of failure of the CM to complete the Project within the time specified, such time being in the essence of this Agreement and a material consideration thereof. This provision for liquidated damages does not bar the Owner's rig ht to enforce its other rights and remedies under this Agreement, including without limitation the right to order the CM to accelerate the Work or the right to terminate the Agreement. Liquidated damages represent the Owner's sole and exclusive remedy for delayed completion and are the best effort at the commencement of the Agreement to estimate its reasonable anticipated damages for delay, and should not be construed as a penalty. 23. Suspension of the Work by the Owner 23 .1. The Owner may order, in writing, the CM to suspend all or any part of the CM's services for the Project for the convenience of the Owner or for work stoppage beyond the control of the Owner or the CM. If the performance of all or any part of the services for the Project is October 18 , 2017 45 030518a HC BOC Page 93 suspended, an equitable adjustment in the CM's compensation shall be made and this Agreement shall be modified in writing accordingly. 23.2. Pre-construction and procurement phases: If the services for the Project are suspended during the pre-construction or procurement phases of the Project, the CM's lump-sum fee shall be equitably adjusted based on the length of the suspension, the ability of the CM to reasonably reallocate personnel and resources to other projects during the period of suspension, costs of remobilizing to the Project after suspension, and other similar factors affecting the cost of performance of the services by the CM. 23.3. Construction and Post-construction Phase Fixed Fees: If the services for the Project are suspended during the construction or post-construction phases of the Project, the CM 's Fixed Fee shall be equitably adjusted based on the actual costs incurred by the CM for the Work and General Conditions during the period of the suspension. 23.4. Construction and Post-construction Phase General Conditions: In the event the CM's construction and post-construction phase services on the Project are suspended by the Owner, the Owner shall reimburse the CM for all of the General Conditions allowed for by this Agreement for the first thirty (30) days of such suspension. The CM shall reduce the size of its staff for the remainder of the suspension period as directed by the Owner and during such period , the Owner shall reimburse the CM for all costs of reduced General Conditions. Upon cessation of the suspension, the CM shall restore the construction site and home office staff to its former size, with General Conditions adjusted accordingly. 23.5. Reassignment of Personnel: Persons assigned to another project during such suspension and not available to return to this Project upon cessation of the suspension shall be replaced. The Owner s hall reimburse the CM for reasonable costs incurred in relocating staff persons returning to the Project or new persons assigned to the Project. 23.6. Protracted Suspension: If the Project is suspended by the Owner for more than one hundred twenty ( 120) consecutive days, the CM shall have the option of requiring that its compensation, including rates and fees, be renegotiated. Subject to the provisions of thi s Agreement relating to termination, a delay or sus pension of the Project does not void thi s Agreement. 23.7. Additional Compensation to Contract ors: The CM shall include provisions in its contracts with Contractors substantially the same as thi s Article 23, allowing for suspension of the Project by the Owner, and providing that suspension shall not be grounds for termination of the contracts except on th e terms set forth in this Agreem ent. If the Owner suspends the Project for reasons other than default by the CM or any of its Contractors, the Guaranteed Maximum Price will be adjusted by an amount sufficient to reimburse the reasonable and provable expenses incurred by the Contractors as a result of the suspension. 24. Cost Control 24.1. Cost Management: The CM shall be responsible for implementing a syste m of cost control, and for the completion of the Project within the Guaranteed Maximum Price agreed to by the CM and the Owner as set forth herein. 24.2. Budgets: The CM represents that before executing thi s Agreement it revie wed the Owner's funding plan for the Project and considers it reasonable given the planned scope and timeframe for the Project. The CM agrees to develop more detai led Project budgets on the following schedule: 24.2.1. Schematic Design Phase: At the completion of schematic design of each major division of the Work, the CM shall prepare and submit to the Owner and the Designer October 18 , 2017 46 030518a HC BOC Page 94 a GMP based on the CM 's best estimate of the Cost of the Work, without excessive or unnecessary contingencies or allowances. This GMP shall take into account the Master Project Schedule, and the CM 's studies of market conditions in the vicinity of the Project. This budget shall be in a format reasonably required by the Owner, and shall include at least the cost elements included in Appendix E. 24.2.2. Design Development Phase: At the completion of the design development phase of each major division of the Work, the CM shall prepare and submit to the Owner and the Designer a GMP true up budget illustrating a reduction in preconstruction contingency based on the CM 's best estimate of the Cost of the Work, again without excessive or unnecessary contingencies or allowances. This budget shall take into account the Master Project Schedule and the CM's studies of market conditions in the vicinity of the Project. This budget shall be in a format reasonably required by the Owner, and shall include at least the cost elements included in Appendix E. This revised budget shall be compared and reconciled with the budget or budgets prepared at the conclusion of the schematic design phase . 24.2 .3. Construction Documents Phase: When the Drawings and Specifications for each major division of the Work reach 90% complete for permitting and construction, the CM shall prepare another revised budget, except to the extent the GMP has been fixed. All assumptions, allowances and contingencies in this revised budget shall be noted and explained. The budget shall be compared with and reconciled to the budget created at the conclusion of the design development phase. The cost elements shall be based on recommendations by the CM, shall be explained to the Owner and the Designer, and shall be subject to approval and acceptance by the Owner. 24.2.4. Special Budgets: Upon reasonable request by the Owner, the CM shall prepare estimates and budgets for de s ignated components or features of the Project to allow the Owner to compare systems or alternatives, to make life cycle cost choices , and to discuss bid packages and other project delivery issues. 24.3. Analyzing Bids: Upon receipt of bids, the CM shall evaluate the bid s, including alternate prices and unit prices, and before award of any construction contract shall provide the Owner and the Designer with a report summarizing the effect of the bids on the Project and Construction Budget. 24.4 . Change Order Control: The CM shall e stablish and implement a change order control sy stem. 24.4.1. All proposed Owner-initiated change orders shall first be described in detail in writing by the Owner, or the Designer if so requested by the Owner, and forwarded to the CM. The CM shall then forward a request for propos al to the appropriate Contractor (or Contractors), accompanied by technical Drawings and Specifications prepared by the Designer. In response to the request for a proposal, the Contractor shall submit to the CM for evaluation detailed information concerning the costs and time adjustments, if any, necessary to perform the proposed change order work. Pricing for the proposal s hall be in accordance with the requirements for changes to the Guaranteed Maximum Price set forth in Article 25. The CM shall thoroughly, completely and critically review the Contractor's proposal , shall di scuss the proposed change order with the Contractor and determine the Contractor's basis for the cost and time to perform the Work and, as applicable, the effect, if any , on the Guaranteed Maximum Price. The CM shall present its findings to the Owner and the Designer in writing with a detailed explanation of why the CM believes the Contractor proposal or propo sals should be accepted or rejected and explaining what the CM did to substantiate the pricing by the Oct ob e r 18, 2017 47 030518a HC BOC Page 95 Contractor. Following acceptance of the proposal by the Owner, the Designer shall prepare the change order documents for signature by the CM and the Owner. Upon execution of the change order documents by the CM and the Owner, the CM shall prepare change order documents for signature by the affected Contractor(s). The CM shall verify that any adjustment of time required by approved change orders has been incorporated into the Contractor's Construction Schedule. 24.4.2. The CM shall thoroughly , completely and critically review the contents of all Contractor-requested changes to the contract time or price, detennine whether an adjustment to the Guaranteed Maximum Price or the Master Schedule is warranted under the Agreement, and determine the amount or length, if any, of the allowable adjustment to the Guaranteed Maximum Price and the Master Schedule. If the CM believes that an adjustment to this Agreement might be warranted by a Contractor change request, the CM shall provide the Designer with a copy of the change request, and the CM shall, in its evaluations of the Contractor's request, consider the Designer's comments regarding the proposed changes. The CM shall present its findings to the Owner and the Designer in writing with a detailed explanation of why the CM believes the Contractor proposal regarding the proposed changes should be accepted or rejected and explaining what the CM did to substantiate the pricing by the Contractor. If, after review by the Owner and the Designer, the Owner determines that an adjustment to the Guaranteed Maximum Price or Master Schedule is warranted, the Designer shall prepare the change order documents for signature by the CM, the Owner and the Designer. Upon execution of the change order documents by the CM and the Owner, the CM shall prepare change order documents for signature by each affected Contractor. 24.4.3. In instances where a lump sum or unit price is not authorized by the Owner in a change order prior to performing Work des cribed in a reque st for proposal a s provided in Section 25.1.3 , the CM shall reques t from the C ontractor records of the cost of payroll , material s and equipment and the amount of payments to s ubcontractors incurred by the Contracto r in performing the Work. These cost records will be available to determine equitable compensation to the Contractor for the change order Work. 24.4.4 . Trade-Off Studies: The CM s hall provide trade-off studies for various minor construction components. The results of the trade-off studies shall be in report form and distributed to the Owner and De s ign er. 24.4 .5 . Progress Payments: In consultation with the Designer, the CM shall ins pect the Work to determine compliance with the C ontract Documents, review the monthly payment applications s ubmitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's Work. The CM shall make appropriate adju stments to each pay ment application and shall prepare and forward to th e Des igner and the Owner a progress payment report. The report shall s tate the total contract price, payments to date, current pay ment requested, retainage and actual amounts owed for the current period. Included in thi s report s hall be a certificate of payment that shall be s ig ned by the CM and delivered to the Owner. 24.5. Costs in Excess of Guaranteed Maximum Price : In the event that the sum of the Cost of the Work, the CM Fixed Fee , the reimbursable costs for General Conditions provided by the CM , and the CM Contingency exceeds the Guaranteed Maximum Price and any adjustments therein as may be due purs uant to the terms hereof, the CM shall continue to perform at no additional cost to the Owner until the Project, defined by this A g reement and all Attachments hereto, is complete. The CM s hall be respons ible for paying all costs in Octo ber 18, 201 7 48 030518a HC BOC Page 96 accordance with the terms of this Agreement that may be necessary to complete the Project, even if such amounts are in aggregate in excess of the Guaranteed Maximum Price . 25. Changes to the Guaranteed Maximum Price 25. l . Changes Initiated or Approved by the Owner: The Owner may , at any time and for any reason, by written notice or order, make changes or modifications to the Work or add Work within the general scope of the Project, including without limitation changes to the Drawings and Specifications, the Master Schedule, the sequence, manner or method of performing the Work, or the work being provided by the Owner or its separate contractors. The CM may propose changes to the Work, but no change to the Work shall be allowed unless and until the Owner by written notice or order authorizes the change. If at the time of a change to the scope of the Project the GMP has been fixed , the CM shall be entitled to seek an adjustment in the Guaranteed Maximum Price. The amount of adjustment to increase or decrease the Cost of the Work resulting from a change in the Project shall be determined in one or more of the following ways: 25 .1.1. By mutual acceptance of a lump sum, properly itemized and supported by cost data; or 25.1.2. By unit prices defined in a contract with a Contractor; or 25.1.3 . By the cost of s uch Work determined on the basis of the cost records for the changed work. In the event actual costs are to be reimbursed, the CM s hall keep and present in such form as may be agreeable to the Owner and the Designer an itemized accounting together with appropriate supporting data of the actual Cost of the Work. 25.2. Request s for Adjustment of the GMP by the CM: If the CM believes that the following grounds exist for an adjustment in the GMP, the CM shall promptly notify the Owner and the Des igner. 25.2.1. Unforeseen Conditions: Should the CM encounter unforeseen conditions at the Project site materiall y differing from those sho wn on the Drawings or indicated in the Specifications or differing materially from those that are reasonabl y foreseeable or ordinarily encountered and ge nerally recognized as inherent in work of the character provided for in thi s Agreement, the CM shall immediately, and in no event more than three (3) days later, give notice to the Owner of such conditions before they are di st urbed. The Owner and the Designer shall thereupon promptly investigate the conditions and if they find that they materially differ from those shown on the Drawings or indicated in the Specifications, they shall at once make such changes in the Drawings and/or Specifications as they may find necessary. Any increase or decrease in the Guaranteed Maximum Price resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Work and changes. However, neither the Owner nor the Designer shall be liable or re sponsible for additional work, costs, or changes to the Work that could have been reasonabl y determined from any report s, s urveys , and analyses m ade by the CM or made available for the CM 's review. 25.2 .2. Des ign Errors, Omissions and Ambiguities: It is expected that all final Construction Documents prepared or signed by the Designer and s ubmitted to governmental authorities and code officials shall be complete, coordinated and contain directions as will (i) enable a competent Contractor to carry them out; (ii) meet the requirements of governmental authorities and code officials ; and (iii) be suffi ciently complete and sufficiently free of conflicts so as to be capable of definitive pricing by the Contractors with a minimum of further clarifications or detailing by the Designer. It is also expected that the CM w ill perform its obligations under this Agreement, including its Octoberl8,2017 49 030518a HC BOC Page 97 obligations to review the design documents, diligently and with reasonable care. Design errors, ambiguities, inconsis tencies, or omissions that the CM could not in the exercise of reasonable prudence have detected during the discharge of the CM's pre- construction duties w ill entitle the CM to seek an increase in the GMP. 25.3. Unit Prices: If unit prices are utilized in the Guaranteed Maximum Price, the Guaranteed Maximum Price Proposal shall document the estimates on which the unit prices are based. If the CM later determines that the quantities on whic h unit prices are based will vary from the quantities utilized by the CM to fix the unit prices and calculate the Guaranteed Maximum Price, the CM shall within three (3) days after determining that the quantities wi ll vary from the estimates notify the Designer and the Owner in writing and forecast the amount of the variance. If the estimated quantities available to and used by the CM to establish the unit prices are so changed that application of the agreed unit prices to the quantities or Work proposed cause substantial inequity to the Owner or the CM, the applicable unit prices and Guaranteed Maximum Price shall be adjusted. 25.4. Directive to Proceed: In the event the CM and the Owner cannot agree that an adjustment to the Guaranteed Maximum Price or the Master Schedule is warranted, or cannot agree on the compensation for a change in the Work or on an increase in the Guaranteed Maximum Price, the CM shall , if so directed by the Owner in writing, nevertheless proceed wi th the Work, and maintain cost-segregated cost records for all work for which the CM believes an adjustment might be warranted. Such cost records shall be provided to the Owner at lea st monthly. Any adjustment to the Guaranteed Maximum Price shall be negotiated by the parties at a later date utilizing the dispute resolution procedures under this Agreement if necessary. 26. Termination of the Work for the Convenience of the Owner 26.1 . This Agreement may be terminated in w hole or in part by the Owner for convenience after seven (7) days written notice to the CM. 26.2. In the event of termination for convenience of the CM's pre-construction and procurement phase services under this Paragraph 26.1 , the CM shall be entitled to be paid a reasonable pro-rata portion of its pre-construction and procurement phase services fee , with no add iti onal compensation for termination expenses or post-termination expenses. 26.3. In the event of termination for convenience during the CM 's construction and post- construction phase services by the Owner, the CM shall either cancel or assign to the Owner all contracts with Contractors and other suppliers at the sole option of the Owner. The CM shall be paid for the Cost of the Work performed to the date of termination, plus reasonable termination expenses paid to Contractors under their re s pective contracts, which shall each contain a termination for convenience clause that limits the recovery of th e Contractors in the event of a termination for convenience to the value of the work actuall y completed by the Contractor to the date of termination, with no recovery of lost profit or other damages for wrongful termination of contract. In addition, the CM shall be paid all of its allowable General Conditions costs to the date of termination, including all termination expenses. Termination expenses are defined as those expenses ari s ing prior, during, and s ub sequent to termination that are directly attributable to the termination, excluding lost profits and overhead for uncompleted work upon termination. In addition, the CM shall be entitled to its full Fixed Fee for any phase of services completed prior to termination, plus a reasonable pro-rata portion of its Fixed Fee for a.ny phase of services not completed at the time of termination, b ased on the percentage of such incomplete services actually completed prior to the date of termination; provided, however, that if it reasonably appears that the General Conditions costs being incurred by the CM would have exceed the not-to-exceed limit on October I 8, 20 I 7 50 030518a HC BOC Page 98 General Conditions cos ts , then the Owner shall be entitled to reduce the amount of the Fixed Fee payable to the CM upon termination by the amount by which the General Conditions would have exceeded the limit on General Conditions costs. After receipt of a notice of termination under this Article, the CM shall submit a claim for termination fees and expenses in a form and with certifications as are reasonably required by the Owner. The termination claim shall be s ubmitted promptly, but in any event within sixty (60) days of receipt of a notice of termination unle ss extended by the Owner. The claim shall be subject to reasonable audit to the same extent as any other request for payment of General Conditions. 27. Non-Appropriation of Funds 27.1. The CM acknowledges that Owner is a governmental entity and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are not available and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County thirty (30) days after written notice to the CM of the non-appropriation of public funds. 27.2. In the event of termination for the non-appropriation of funds under this Paragraph 27.1, the CM shall be entitled to be paid a reasonable pro-rata portion of its pre-construction and procurement phase services fee , with no additional compensation for termination expenses or post-termination expenses. 27.3. In the event of termination for the non-appropriation of funds any time after CM commences with procurement of Contractors for the project, the CM s hall either cancel or assign to the Owner all contracts with Contractors and other s upplier s at the so le option of the Owner. The CM s hall be paid for the Cost of the Work performed to the date of termination, plus reasonable termination expenses paid to Contractors under their respective contracts, which s hall each contain a non-appropriation clause that limits the recovery of the Contractors in the event of a termination for the non-appropriation of funds to the value of the work actually completed by the Contractor to the date of termination, with no recovery of lost profit or other damages for wrongful termination of contract. In addition, the CM shall be paid all of its allowable General Conditions costs to the date oftem1ination, including all termination expenses. Termination expenses are defined as those expenses arising prior, during, and subsequent to termination that are directly attributable to the termination, excluding lost profit s and overhead for uncompleted work upon termination. In addition, the CM shall be entitled to its full Fixed Fee for any phase of services completed prior to termination, plus a reasonable pro-rata portion of its Fixed Fee for any phase of services not completed at the time of termination, based on the percentage of such incomplete services actually completed prior to the date of termination; provided, however, that if it reasonably appears that the General Conditions costs being incurred by the CM would have exceed the not-to-exceed limit on General Conditions costs, then the Owner shall be entitled to reduce the amount of the Fixed Fee payable to the CM upon termination by the amount by which the General Conditions would have exceeded the limit on General Conditions costs. After receipt of a notice of termination under thi s Article, the CM shall submit a claim for termination fees and expenses in a form and with certifications as are reasonably required by the Owner. The termination claim shall be submitted promptly, but in any event within sixty October 18, 2017 51 030518a HC BOC Page 99 (60) days ofreceipt of a notice of termination unles s extended by the Owner. The claim shall be subject to reasonable audit to the same extent as any other reque st for payment of General Conditions. 28 . Termination of the Agreement Due to Default 28.1. This Agreement may be terminated by either party hereto upon fifteen (15) days prior w ritten notice shou ld the other party fail substantiall y to perform in accordance with the terms hereof through no fault of the terminating party or if the Project, in whole or substantial part, is stopped for a period of one hundred twenty ( 120) consecutive days under an order of any court or other public authority having jurisdiction or as a result of an act of government. Without in any way limiting the scope of this Article, the Owner may terminate this Agreement if the CM fails to begin or complete the Work within the time specified for completion in this Agreement, or shall perform the Work unsuitably or shall discontinue the prosecution of the Work for three (3) consecutive days, or if the CM shall become insolvent, be declared bankrupt, commit any act of bankruptcy or insolvency, allow any final judgment to stand against the CM or its affiliated companies unsatisfied for a period of forty -eight ( 48) hours, make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner. Termination under this Article for failure substantially to perform in accordance with the terms of this Agreement shall be without prejudice to any other right or remedy that the terminating party has under the Agreement or at law. If the Owner terminates the Agreement pursuant to this Article and later it is determined that the CM had not substantiall y failed to perform in accordance with the terms hereof, then the termination will be considered a Termination for Convenience. 28.2. Notice and Time for Cure: Neither party to this Agreement may terminate this Agreement without first giving the other party fifteen ( 15) business days notice of the intent to terminate the Agreement, mea sured from actual receipt of the notice . If the grounds for termination stated in the written notice are removed or cured within fifteen (15) business days after receipt of notice , thi s Agreement may not be terminated for default. 28.3. Payment to the CM: In the event of termination pursuant to this Article , the CM shall be paid the Cost of the Work performed throug h the date of termination, plus allowable General Conditions cos ts incurred through the date of termination, plus its full Fixed Fee for any phase of services comp leted prior to termination , plus a reasonable pro-rata portion of it s Fixed Fee for a ny phase of services not completed at the time of termination , based on the percentage of such incomplete services actually completed through the date of termination, less any amount by which the total cost paid by the Owner to complete the Work for which the CM is re s pon sibl e, including General Conditions, exceeds the Guaranteed Maximum Price. In addition, the Owner may deduct from the final payment to the CM any liquidated damages or other damages for which the CM is liable under thi s Agreement. No payment shall be due under this Article until the Project is finally complete and all rights and claim s by Contractors for work on the Project have been settled and paid. 28.4. A ssignment of Contracts: In the event of termination pursuant to thi s Articl e, all construction and s upply contracts between the CM and all Contractors and other suppliers for the Project shall be immediately assignable to the Owner, at the option of the Owner, on the same terms and conditions applicable to th e CM under those contracts. The CM shall obtain the consent of each Contractor and s upplier, in their respective contracts with the CM, to thi s assignment. October 18 , 2017 52 030518a HC BOC Page 100 29. Additional Termination Provisions 29.1. In the event of any termination under thi s Agreement, the CM agrees to: 29.1 .1. deliver to the Owner all Project as-built records, operation and maintenance manuals, warranties and other Project information generated to date; 29.1.2. deliver to the Owner copies of all shop drawings and other submittals received to date; 29.1.3. convey to the Owner or its de s ignees title to all materials, supplies, partially or wholly fabricated parts and components, and any other property acquired by the CM for the Project; and 29.1.4. provide the Owner with copies of all pending claims under the CM builder's risk policy. 30. Occupancy and Use by the Owner; Substantial Completion 30.1 . Occupancy Planning and Support: The CM, in consultation with the Owner, the Designer and appropriate regulatory agencies, shall prepare an occupancy plan for the Project. This plan shall be provided to the Owner at least ninety (90) days prior to Substantial Completion. 30.2. The Owner may desire to occupy or utilize all or a portion of the Project when the Work for that portion is substantially complete. If so, the Owner shall make a written request to the CM in writing, through the Designer if applicable, to permit the Owner to use a specified part of the Project that the Owner believes it may use without significant interference with construction of the other parts of the Project. If the CM agrees, the Designer will schedule a beneficial occupancy inspection after which the Designer may issue a partial certificate of substantial completion. The certificate shall include the following documentation: 30.2.1. 30.2.2. 30.2.3. 30.2.4. 30.2.5. 30.2.6. Date of substantial completion. A tentative list of items to be completed or corrected before final payment. Establishing respon s ibility between the CM and the Owner for maintenance, heat, utilities and insurance. Establishing the date for guarantees and warranties under the terms of the Agreement. Consent of surety. Endorsement from the CM's ins urance company permitting occupancy shall not be a condition precedent to the Owner's occupancy of a part or parts of the Project, but may be requested by the Owner in its di scretion. 30.3. The Owner s hall have the right to exclude the CM from any part of the Project that the Designer has so certified to be su bs tantially complete, but the Owner will allow the CM reasonable access to complete or correct Work to bring it into compliance with the A g reement. Contractors allowed to Work in s ub stantiall y complete or occupied areas shall clean up after their operations daily or be subject to back charges for cleaning. Occupancy by the Owner under this Article will in no way relieve the CM from its contractual requirement to complete the Project within the specified time. 30.4. Operation and Maintenance Materials: The CM shall obtain from the Contractors and review, assemble, organize and index all operation and maintenance manuals, warranties and g uarantees for material s and equipment installed in the Project, in accordance with the Contract Documents and the Master Schedule. It is expected that all operation and maintenance manuals will be compiled and delivered to the Owner before the Project is substantially complete, and generally when the Work is eighty percent (80%) complete. October 18, 2017 53 030518a HC BOC Page 101 30.5. Record Documents: The CM shall coordinate and expedite submittals of information from the Contractors for preparation of record Drawings and Specifications, and shall coordinate and expedite the transmittal of such record documents to the Owner. 30.6. The CM shall, prior to requesting a Certificate of Substantial Completion, prepare and submit to the Contractors lists identifying Work that does not conform to the Contract Documents. The CM shall not request a Certificate of Substantial Completion from the Designer until the CM believes that the Project is substantially complete and certifies to the Designer that all of the Work is substantially complete. The Designer shall then determine whether the Project is substantially complete. Should the Designer and the Owner determine that the Work or a designated portion thereof is not substantially complete, they shall provide the CM with written notice stating why the Work or designated portion is not substantially complete. The CM shall expeditiously complete the Work and shall re-request in writing that the Designer perform another substantial completion inspection. Costs, if any, associated with such re-inspection shall be assessed to the CM at the rates specified in the contract between the Owner and the Designer. Upon Substantial Completion, the Designer shall prepare and submit to the CM a deficiency list identifying all portions of the Work which are known by the Designer at that time to be incomplete or defective. The deficiency list shall be sufficiently detailed to describe deficiencies by floor, by occupancy departments, by building system, or by elevation for all rough-ins and finishes. Within sixty (60) days of receipt of this deficiency list, the CM shall complete and correct all items on that list along with all other Work required to achieve Final Completion of the Work. 30.7. At any time prior to completion of the one-year period of warranty, the Designer may submit to the CM a supplemental deficiency list, in which case the CM shall complete or correct any and all new items identified on the supplemental deficiency list. 30.8. Occupancy Permit: The CM shall assist the Owner and the Designer in obtaining an occupancy permit by accompanying governmental officials during inspections of the Project, preparing and submitting documentation to governmental agencies and coordinating final testing and other activities. Receiving an occupancy permit is a condition precedent to substantial completion. 31. Final Inspection and Acceptance 31.1. In consultation with the Designer, the CM shall determine when the Project and the Contractor's Work are finally completed and , following completion of corrections, shall issue a Certificate of Final Completion to the Owner. Following the receipt of payment from the Owner, the CM shall make all remaining payments due to Contractors. 32. Quality Assurance, Warranties and Guarantees 32.1. The CM unconditionally warrants and guarantees all materials and workmanship against all defects arising from faulty materials, faulty workmanship or the negligence of the CM or the Contractors for a period of twelve (12) months following the date of substantial completion of the Work and shall replace such defective materials or workmanship without cost to the Owner. 32.2. In addition to the foregoing general warranty, the Contract Documents may require extended warranties for specified building components, including without limitation mechanical and electrical equipment, elevators and escalators, security equipment, roof, curtain walls, doors and waterproofing. Extended warranties shall be specified in the Contract Documents. All such extended warranties shall either be provided by the CM or by a Contractor or manufacturer as provided in the Contract Documents. Such warranties shall provide, at a minimum, for the repair or replacement of defective or non-conforming components within October 18, 2017 54 030518a HC BOC Page 102 the warranty period. In the event any Work performed by a Contractor or manufacturer is defective or does not conform to the requirements of the Contract Documents ("Contractor's Defective Work"), and the Contractor's Defective Work is covered by a warranty given by the Contractor, then the Owner agrees, provided that the CM warranty period under this Agreement has expired, that (i) the CM shall not be liable for such Contractor's Defective Work, and (ii) that the Owner will enforce the terms of the contract warranty directly against the Contractor responsible for the warranty. The CM agrees to execute such documents as may be necessary to ensure that any warranty given by any Contractor will inure to the benefit of the Owner. 32.3. The CM shall establish and implement a program to monitor the quality of construction. The purpose of the program shall be to guard the Owner against defects and deficiency in the Work of the Contractors. The CM shall transmit to the Designer and the Contractor a notice of nonconforming work and may require that the Contractors correct Work at no expense to the Owner when it is the opinion of the CM that the Work does not conform to the requirements of the Contract Documents. Except for minor variations as stated herein, the CM is not authorized as part of this service to change, evoke, enlarge, relax, alter, or waive any requirement of the Contract Documents or to approve or accept any portion of the Work not performed in accordance with the Contract Documents. 32.4. Testing by the CM: The CM may recommend to the Owner tests and inspections beyond those required by this Agreement that the CM believes should be conducted to monitor the quality of construction and compliance with the Contract Documents. If the Owner declines to conduct the test or defray the costs of the test , the CM may nonetheless conduct the test, in which case the cost of such tests shall be borne by the CM. Notice of all such tests and inspections shall be provided to the Owner and the Designer, and copies of the re s ults and reports of all such tests and inspections shall be provided to the Owner and the Designer. 33. Testing and Inspections 33.1. The Owner s hall employ and pay for the services of independent testing firms to perform all inspections, tests , or approvals required by the Contract Documents except as otherwise specifically provided in the Contract Documents. 33.2. The Owner, other representatives and personnel of the Owner, independent testing laboratories, and governmental agencies with jurisdictional intere sts shall have access to the Project at all reasonable times for their observation, inspecting, and testing. The CM shall provide all such pers ons proper and safe conditions for such access and advise them of the CM's Project safety procedures and programs so that they may comply therewith as applicable. 33.3. The Owner, other representatives and personnel of the Owner and independent testing laboratories may at all reasonable times visit, enter, and make inspections at any building, factory , workshop, work, or s ite where materials are being prepared, made, or treated, or where work is being done in connection with the Project. 33 .4 . Technical inspection and testing shall be coordinated by the CM. The CM shall be provided with a copy of all inspection and testing reports on the day of the inspection or test or when issued. 33.5. The CM shall give timely notice of readines s for all required inspections, tests, or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. October 18, 2017 55 030518a HC BOC Page 103 33.6. If laws or regulations of any public body having jurisdiction require any spec ific or regular inspection, test or approval by an employee or other representative of such public body, the CM shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, and furnish the Owner the required certificates of inspection or approval. 33.7. If any inspection or test must be repeated through no fault of the Owner, all fees and charges incurred by the Owner for repeating such tests or inspections will be charged against the CM, and deducted from any monies due or to become due the CM or, at the Owner's option , the CM shall promptly reimburse the Owner for suc h fees and charges (or s uch remaining fees and charges after such deduction). 33.8. No review or inspection by the Owner shall relieve the CM of its obligations under the Contract Documents. The Owner does not have a duty to th e CM to perform reviews or in spections, and the Owner shall not be deemed responsible for the CM'S failure to perform in accordance with the Contract Documents based on any failure of the Owner to conduct tests or inspections. Rights hereunder of the Owner, other representatives and personnel of the Owner and independent testing laboratories to make inspections, conduct tests or reviews , take samples, give instructions, raise objections, or the like shall not give rise to any duty to do so for the benefit of the CM or any other person or entity. 34. Correction and Completion of Work by the Owner 34.1. Owner May Stop the Work: If the CM fails to perform the Work or its services in conformity to the Contract Documents, the Owner may order the CM to s top the Work, or any portion thereof, until the cause for such order has been eliminated; however, thi s right of the Owner to stop the Work shall not give rise to a ny duty on the part of the Owner to exercise this right for the benefit of the CM , any Contractor, any other individual or entity , or any surety for, or employee or age nt of any of them. 34.2. The Owner May Perform Services: If the CM fails w ithin a reasonable time after written notice from the Owner to perform the Work in accordance w ith the Contract Documents, or if the CM fails to comply with any other provision of the Contract Documents, th e Owner may , after seven (7) days written notice to the CM, correct and remedy any such deficiency. In connection with such corrective and remedial action, the Owner may exclude the CM from all or part of the Project, t ake possession of a ll or part of the Project and suspend the CM's services related thereto , take possession of the CM's offices, facilitie s and equipment at the Project, and incorporate into the Project all materials and equipment stored at the Project or for which the Owner has paid the CM but which are stored elsewhere. The CM shall allow the Owner, the Owner's representatives, agents , and employees, other Contractors, and other representatives access to the Project t o enable the Owner to exercise the rights and remedies under this Article. 34.3. All claims, costs, losses, and damages (including, but not limited to, all fees and charges of engineers, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by the Owner in exercising the rights and remedies under thi s Article will be charged against the CM, and deducted from any monies due or to become due the CM or otherwise available to pay such claims, costs, lo sses, or damages or, at the Owner's option, the CM shall promptly reimburse the Owner for such c laims, costs, lo sses, or damages (or such remaining claims, costs, losses, or damages after such deduction). 34.4. The Owner shall have no duty to undertake any such action, and no such action taken by the Own er shall relieve the CM from any obli gations under the Contract Documents or otherwise. Failure or om ission on the part of the Owner or its agents to reject October 18 , 201 7 56 030518a HC BOC Page 104 nonconforming Work shall not release the CM from the obligations of correcting same, as directed by the Owner at the CM's expense and at no additional cost to the Owner, at any time, notwithstanding that such services may have been estimated for payment or that payments may have been made on the same. 35. Dispute Resolution 35.1. Governing Law: The laws of the State of North Carolina shall apply to the formation , interpretation and enforcement of this Agreement. 35.2. Mediation: Appendix A to this Agreement shall be a part of the Contract Documents. As a condition precedent to initiating a civil action under this Agreement, any party to this Agreement shall initiate the mediation process as provided in Appendix A to this Agreement. Any person or firm that expressly or impliedly agrees to perform labor or services or to provide material, supplies, equipment, work , performance or payment bonds, insurance or indemnification for the construction of the Project or the Work shall be deemed a party to this Agreement solely for the purpose of this Article 34. The CM, by means of its Contracts, shall specifically require its Contractors to be bound by this Article. 35.3. Jurisdiction and Venue: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Harnett County, North Carolina, and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. 36. Miscellaneous Provisions 36.1. Confidentiality: The CM will keep confidential and not disclose to any third party all information designated and marked by the Owner as "Confidential" unless required to disclose the information by law. Furthermore, the CM shall not disclose publicly information concerning the Project, except for communications incident to completion of the Project between the CM, Designer, and Contractors, and their independent professional engineers, architects and other consultants and subcontractors, and except for information publicity approved by the Owner and communications in connection with filings with governmental bodies having jurisdiction over the design or construction of the Project. 36.2. Signs: The CM shall be permitted to erect one sign to identify the CM and other Project participants. The identification sign shall be of sound construction, shall be neatly lettered, and shall be subject to approval by the Owner. The CM may only erect other identification signs if approved by the Owner. In addition to the identification sign, directional signs may be erected on the property to facilitate deliveries and the movement of personnel and materials about the site. Any directional signs shall be subject to approval of the Owner with re s pect to size, style and location of such directional signs, which approval shall not be unreasonably withheld. Such signs may bear the name of the CM and a directional symbol. All signs must comply with Town of Lillington and Harnett County sign, appearance and traffic ordinances . No other signs will be permitted except by permission of the Owner. 36.3 . Limitation and Assignment: The Owner and the CM each bind itself, its successors, assigns, insurers, and legal representatives to the terms of this Agreement. Neither the Owner nor the CM shall assign or transfer its rights or interest in this Agreement without the written consent of the other, except that the CM may assign accounts receivable to a commercial bank for securing loans without approval of the Owner. However, nothing contained in this Section will prevent the CM from employing Contractors or such consultants, associates or subcontractors as the CM may deem appropriate to assist in performance of the services and of the Work hereunder in accordance with this Agreement. October 18 , 2017 57 030518a HC BOC Page 105 36.4. Joint Ventures: If the CM is completing this Project on a joint venture basis , whether as a partnership, limited liability company, or any other form of business association or entity, the CM joint venture and each member of the joint venture retain s all liabilities assumed by thi s Agreement, jointly and severally . If the CM is a single purpose joint venture partnership or a single purpos e limited liability company, each member of the joint venture shall execute and agree to be bound by this Agreement jointly and severally with the joint venture entity. If requested by the Owner, each member of a single purpose joint venture partnership or single purpose limited liability company agrees to s ign such reasonable guarantees of performance of this Agreement as Owner requires. 36.5. M in ority Bus iness Enterprise Program: The CM shall at a ll times comply with the latest edition of the Harnett County Minority Business Enterprise Policy. All documentation substantiating compliance with the requirements of this program shall be delivered to the Owner as stipulated in the Contract Documents. A copy of the Harnett County Minority Business Enterprise Policy is attached to thi s Agreement as Appendix C , and shall be included in the bid documents submitted to potential Contractors for bids. 36.6 . Extent of Agreement : This Agreement represents the entire and integrated agreement between the Owner and the CM and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended only by written directives, change orders and other instruments signed by the Owner and the CM as expressly set forth in thi s Agreement. Nothing contained in this Agreement is intended to benefit any third party. The Contractors and Designer are not intended third-party beneficiaries of this Agreement. 36.7. Severability: If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceabl e without such provision. 36.8 . Meaning of Terms: References made in the s ingular s hall include the plural and the masculine shall include the feminine or neuter. To the greatest extent possible, the meaning of terms used h erein s hall be con s istent with the d efinitions expressed in the Contract Documents, the contract between the Owner and the Designer, and the Contractor contracts. 36.9 . Authority: The persons who execute thi s Agreement on behalf of the C M and its partners o r members represent that they have full authority to bind the CM and their respective companies, and they agree to provide s uch proof of authority as the Owner may reas onably require. 36.10. E-V erify Compliance: CM understands that E-Yerify is the federal program operated by the United States D epartment of Homeland Security and other federal agencies, or any s ucces sor or equivalent program us ed to verify the work authori zation of newl y hired employees pursuant to fed eral law in accordance with §64-25(5) of the North Carolina General Statutes. Provided th a t CM is a person, bus iness entity, or other organization that transacts bus iness in thi s State and that employs 25 or more employees in thi s State, then CM understands that it shall verify the work authorization of its employ ees through E-Verify in accordance with §64-26(a) of the North Carolina General Statutes, and that it shall provide a written certification to that effect promptly upon request by the Owner. CM further agrees that it shall contractuall y obligate its s ubcontractors to comply with E-Verify pursuant to federal law , and CM will endeavor to ens ure compliance with E-Verify by an y subcontractors subsequently hired by CM, which s hall be satis fied by such subcontractors furni s hing CM Octo be r 18 , 2017 58 030518a HC BOC Page 106 with a written certification in a form subs tantially s imilar to the certification provided to Owner by CM for the same purpose. 36 .11. Notices: Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if deli vered or sent by registered or certified mail , po stage prepaid , addressed as follows: To the Owner: By Mail: Harnett County, c /o Public Utilities Attn: Steve Ward Post Office Box 1119 Lillington, NC 27546 To the CM: By Mail: Balfour Beatty Construction 406 S. McDowell St #200 Raleigh, NC 27601 B y Delivery: Harnett County, c/o Public Utilities Attn: Steve Ward 700 McKinney Parkway Lillington, NC 27546 By Delivery : Balfour Beatty Construction 406 S. McDowell St #200 Raleigh, NC 2760 I This A greement is executed the day and year first written above. O ctober 18, 2017 59 030518a HC BOC Page 107 CM: By:_,____,_ ________ _ On behalf of Balfour Beatty Construction Title :( /X2 Attest: By: _________ _ Title : ------------ Owner: Harnett County By : ___________ _ Title : ___________ _ Attest: By : _________ _ Title: ___________ _ This instrument has been pre-audited in the manner requ ired by the Local Government Budget and Fiscal Control Act. Harnett County Finance Officer This instrument is approved as to Fonn . Hamett County Attorney October 18, 2017 60 030518a HC BOC Page 108 APPENDIX A DISPUTE RESOLUTION PROCEDURES FOR HARNETT COUNTY BUILDING CONSTRUCTION RENOVATION AND REPAIR PROJECTS Table of Rules Rule 1. Initiating Mediated Settlement Conferences A. Purpose of Mandatory Settlement Conferences B. Initiating the Dispute Resolution Process C. Condition Precedent to Litigation 2. Selection of Mediator A. Mediator Listing B. Selection of Mediator C. Disqualification of Mediator 3. The Mediated Settlement Conference A. Where Conference is to be Held B. When Conference is to be Held C. Request to Accelerate or Extend Deadline for Completion D. Recesses E. Project Delay 4. Duties of Parties and Other Participants in Formal Dispute Resolution Process A. Attendance B. Finalizing Agreement C. Payment of Mediation Fee D. Failure to Compensate Mediator 5. Authority and Duties of Mediators A . Authority of Mediator B. Duties of Mediator 6. Compensation of the Mediator 7. Rule Making 8. Definitions 9. Time Limits October 18, 2017 030518a HC BOC Page 109 RULE 1. A. INITIATING MEDIATED SETTLEMENT CONFERENCES Purpose of Mandatory Settlement Conferences. Pursuant to G.S. § 143-128(fl) and 143-135.26(11), these Rules are promulgated to implement a mediated settlement program designed to focus the parties ' attention on settlement rather than on claim preparation and to provide an opportunity for orderly settlement negotiations to take place. Nothing herein is intended to limit or prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during commencement of the dispute resolution process. B. Initiating the Dispute Resolution Process I) Any party to a County public construction contract (referred to herein generally as the "Contract") governed by Article 8. Ch. 143 of the General Statutes and identified in G.S. § 143-l 28(fl) and who is a party to a dispute arising out of the Contract and the construction process in which the amount in controversy is at least $15 ,000 may submit a written request to the County for mediation of the dispute. 2) Prior to submission of a written request for mediation to the County, the parties s hould give notice of any and all claims in accordance with their respective contracts, obtain decisions on the claims as required or allowed by their respective contracts, and attempt to resolve the dispute according to the term s and conditions in their re s pective contracts. The Mediator may adjourn any mediated settlement conference if the Mediator believes, in hi s or her so le discretion, that the parties have not satisfied all of the terms and conditions of their respective contracts and that doing so will enhance the prospects for a negotiated settlement. C. Condition Precedent to Litigation. Before any party to a Contract may commence a civil action against the County seeking remedies for breach or non- performance of the Contract by the County, said party must first initiate the dispute resolution process under these rules and attend the mediated settlement conference. RULE2. A. October 18 , 2017 SELECTION OF MEDIATOR Mediator Listing. A li st of Mediators acceptable to the County is maintained by the County Attorney and that li st is incorporated by reference into these Rules. The party requesting mediation shall se lect a Mediator from the designated list. If the County fails to provide a list of acceptable mediators, the list of Mediators shall be deemed to be the list of mediators certified by the North Carolina Dispute Resolution Commission to conduct mediated settlement conferences in the North Caro lin a Superior Courts. 2 030518a HC BOC Page 110 B. Selection of Mediator. The party requesting mediation shall select a Mediator and shall file , with the County, a Notice of Selection of Mediator within 21 days of the request for mediation. Such notice shall state the name, address, and phone number of the Mediator selected. If the Mediator selected is not available or declines to participate for any reason , the requesting party shall select another person from the County's list of Mediators. If the party requesting mediation does not select and designate a mediator within 21 days of the request for mediation, the County shall have the right in its absolute discretion to appoint a mediator from its list of Mediators. Nothing in this Section shall preclude the parties from mutually agreeing to an acceptable mediator prior to the 21 day notice of selection period. C. RULE3. A. Disqualification of Mediator. Any party may request replacement of the Mediator for good cause. Nothing in this provision shall preclude Mediators from disqualifying themselves . THE MEDIATED SETTLEMENT CONFERENCE Where Conference is to be Held . Unless all parties and the Mediator otherwise agree, the mediated settlement conference shall be held in Hamett County. The Mediator shall be responsible for reserving a place, making arrangements for the conference, and giving timely notice of the time and location of the conference to all attorneys, unrepresented parties and other person s or entities required to attend . B. When Conference is to be Held. The mediation shall be completed within 90 days after selection of the Mediator unless all parties to the mediation agree to a different schedule. C. Request to Accelerate or Extend Deadline for Completion. Any party or the Mediator may request the County to accelerate or extend the deadline for completion of the conference. Such request shall state the rea so ns the extension is sought and shall be served by the moving party upon the other parties and the Mediator. Objections to the request must be promptly communicated to the County and to the Mediator. The County, with the concurrence of the des ignated Mediator, may grant the request by adjusting the time for completion of the conference. D . Recesses. The Mediator may recess the mediation conference at any time and may set times for reconvening . If the Mediator determines the time and place October 18 , 2017 3 030518a HC BOC Page 111 where the conference is to reconvene before the conference is recessed , no further notice is required to persons present at the conference. E. Project Delay. The mediated settlement conference that results from a construction contract dispute shall not be cause for the delay of the construction project. RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS A. Attendance. I. All parties to the dispute must designate an official representative to attend the mediation. 2. "Attendance" means physical attendance, not by telephone or other electronic means. Any attendee representing a party must have authority from that party to bind it to any agreement reached as a result of the mediation . 3. Attorneys representing parties may attend the mediation, but are not required to do so. 4. Sureties and in surance company representatives are required to physically attend the mediation unless the Mediator and all of the other parties to the mediation excuse their attendance or consent to their attendance by telephone or other electronic means. 5. The parties who attend a duly scheduled mediation conference shall have the right to recover their share of the Mediator's compensation from any party or parties who fail to attend the conference without good cause. B. Finalizing Agreement. If an agreement is reached in the c onference, the terms of the agreement shall be confirmed in writing and s igned by all parties. C. Payment of Mediation Fee: Mediation Fees charged by the Mediator shall be paid in accordance with G.S. § l 43-l 28(fl ). D. Failure to Compensate Mediator. Any party 's failure to compensate the Mediators in accordance with G.S. § 143-128(fl) shall su bject that party to a withholding of said amount of money from the party 's monthly payment by the County. October 18, 2017 4 030518a HC BOC Page 112 Should the County fail to compensate the Mediator, it shall hereby be subject to a civil cause of action from the Mediator for the County's portion of the Mediator's total fee as required by G.S. § 143-128(f1). RULE 5. A. AUTHORITY AND DUTIES OF MEDIATORS Authority of Mediator. I. Control of Conference. The Mediator shall at all times be in control of the conference and the procedures to be followed. 2. Private Consultation. The Mediator may communicate privately with any participant or counsel prior to and during the conference. The fact that private communications have occurred with a participant shall be disclosed to all other participants at the beginning of the conference. 3. Scheduling the Conference. The Mediator shall make a good faith effort to schedule the conference at a time that is convenient with the participants, attorneys and Mediator. In the absence of agreement, the Mediator shall select the date for th e conference. 4. Determining good cause for a party's failure to appear at a scheduled mediation conference. B. Duties of Mediator. Octobe r 18 , 201 7 I. The Mediator shall define and describe the following at the beginning of the conference: a . The process of mediation. b. The difference between mediation and other forms of conflict resolution. c. The costs of the mediated settlement conference. d. That the mediated settlement conference is not a trial , the Mediator is not a judge, and the parties retain their legal rights if they do not reach settlement; however, the Mediator will advise all parties that failure to appear at mediation without good cause may result in impos iti on of sanctions and may be asserted as a bar to laws uits by c laimants who have failed to exhaust this administrative remedy. 5 030518a HC BOC Page 113 RULE 6. A. RULE 7. A . October 18, 2017 e. The circumstances under which the Mediator may meet and communicate privately with any of the parties or with any other person. f. Whether and under what conditions communications with the Mediator will be held in confidence during the conference. g. The inadmissibility of conduct and statements as provided by G.S. §7A-38.l(I). h. The duties and responsibilities of the Mediator and the participants. 1. That any agreement reached will be reached by mutual consent. 2. Disclosure: The Mediator has a duty to be impartial and to advise all participants of any possible bias, prejudice or partiality. 3. Declaring Impasse: The Mediator may determine at any time during the mediation conference that an impasse exists and that the conference should end . 4. Reporting Res ults of Conference. The Mediator shall submit a written report to the County and the other parties within l O day s of the conference stating whether or not the parties reached an agreement. The Mediato r 's report shall indicate the absence of any party from the mediated settlement conference without permi ss ion or good cause. 5. Scheduling and Holding the Conference. It is the duty of the Mediator to sc hedule the conference and conduct it prior to the deadline of completion set by the rules. The Mediator s hall strictly observe deadlines for completion of the conference unless said time limit is changed by agreement of the parties. COMPENSATION OF THE MEDIATOR The parties shall compensate the Mediator for mediation services at the rate proposed by the Mediator and agreed to by the parties at the time the Mediator is selected. RULE MAKING These Rules may be amended by the County at any time. Amendments will not affect mediations where claims and/or requests for mediation have been filed at the time the amendment takes effect 6 030518a HC BOC Page 114 RULE 8. A . B. DEFINITIONS "County" shall mean the County of Harnett, North Carolina "Project Designer" is that person or firm stipulated as project designer in the Contract Documents for the project. C. "Claim " is a demand or assertion by a party seeking adjustment or interpretation of Contract terms, payment of money , extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the parties to a Contract involved in the County 's building construction renovation and repair projects arising out of or relating to the Contract or the construction process. Claims must be initiated by a written notice. T he responsibility to substantiate Claims shall rest with the party making the Claim. D. "Good Cause" generally includes any circumstance beyond the control of a party, which prevents that party from meeting obligations. When good cause is asserted as an excuse for a party 's failure to appear at a mediation conference or to otherwise comply with the requirements of these Rules , the Mediator, in his or her sole discretion , will determine whether good cause exists to excuse the party's failure to appear or otherwise comply with these rules. RULE 9. A. Octo ber 18, 20 17 TIME LIMITS Any time limit provided for by these Rules may be waived or extended at the sole discretion of the County, if no Mediator has been selected , and at the di scretion of the County with concurrence of the Mediator if a Mediator has been selected. 7 030518a HC BOC Page 115 APPENDIXB LIST OF COST ELEMENTS -. ,-. ~;...• ~{rr;Jt"i ~ir ti~~ L CO NSTRUCTION l'MNAGe.ENT SERVICES -,-.~ ... ...,, ~ ....., .ni:~ ;:'/_T,!:• ""i l:lA:SI(; an ator n=..v"' Ll.M' :SUVI I u=trV'.L DESCRIP110N FEE CONDITlONS COST OF THE \NORK O'MIIER Project Superintendent(s) ---- Assistant Superintendent(s) ---- Project Manag er ---- Assistant A-oject Manager ---- Field Engineer -- Site Safety Director --- Safety Manager ----- On -Site Oerical ---- On-Site Receptionist -- Project Engineer --- Superintendent's Transportation ---- Assistant Supt's Transportation ---- Project Engineer's Transportation ---- Project Manager's Transportaoon -- Assistant Project Manager Transportatiion --- Corporate Eicecutive ---- Principal in Charge --- Operations Manager --- Legal Servic es ---- Accounting (Check Distribution & Insurance Manager) -- Master Project Scheduling ---- ManagementofSchedu~ ---- Life-Cyc~ Analysis Support ---- Energy Management --- Production Engineering ---- Purchasing ---- Value Engineering --- Systems Development --- Estima ting ---- Cost Engineers / Change Management ---- Project Coordinator -- Project Eicpeditor --- Drafting Detai~r --- Draw ing Checker ---- Safety Officer (Corporate) -- EEO. Officer ---- Tirre Keeper/Checker ---- Safety Engineer (On-Site) ---- Off-Site Staff Travel Costs (Outside Triang~ Region ) ---- Project Staff Transportation ---- Project Staff Mov ing Eicpense ---Project Staff Subsistence Costs ---- Project Budget Estirrating ---- Project Pha sing/Logistics Aanning -- October 18, 20 17 030518a HC BOC Page 116 ( ;.;-I . SAFETY , SECURITY AND SERVICES ' ~ .-. ; -. l •• '·,,_ • . . . • & r HA:Sit; an a,or t'l"<l:\.,VN LU\111' :SUM/ ·~ DESCRIPTION FEE CONDITIONS COST OF lliE v\ORK OWIER Safety Equipment PPEfor CMAR ---- First Aid Supplies ------Handrails and Toe Boards ----Opening Protection -- Fire Extinguishers ---- Sec urity Guard/Watchrran Svcs .. if required -----Weekly aeanup ----Final aeanup ---Terrporary Fencing -- Covered walkways ---- Barricades ----Safety Nets ----Dumpster RentaVRerroval ---Public Traffic Control -- Construction Roadway Maintenance -- Dust Controls ----2-way Radios ----Trash Olute & Hoppers -- ::t':I..l[ ~ . . 1'1"!,_ ~ n FACILITTES, EQUIRvelf AND SERVICES jf ~--±1 .. . t:SA:SI\_; ana,or r'Kl::UJN LUIVt :SlAVI / -- DESCRIPTION FEE CONDITIONS COST OF 11-iE v\ORK O'MIIER Office Trailer Rental for CM ----TooVUtility Trailer Rental For Trades - Trailer Amenities ------Temporary lighting/Wring -- ~w er Expenses -Trailer and Building Construction -- Perrrenent ~w er Expense -Service to Site -----Temporary wate r Services -Usage Costs ----Temp orary water Services -Connections and meters -- Temporary Hea t Expenses ----Temporary Cooling Expenses ---Terrporary Toilets/Sew er Services (~rtajons) ----Terrporary stairs -- Terrporary Eflclos ures/Partitions -- Project Signs/Bulletin Boards --1e1epnone i:xpenses,wrnrurnca11ons 1or wmpu1er ~ Systems (on-site) --Terrporary Roa ds Construction --Utility Trucks -- Air Compressors ---Dew atering Equipment ----Generators ----Mscellaneous Equipment ----FueVRepairs/Maintenance -- O c tober 18. 2017 2 030518a HC BOC Page 117 .ri. ~ -• 'k~--.ii,.I. W. R8'RODUCT10N AND PRINTJ',K, , .. ~~ °""'"' ana1or ~N LUv'P SLM I -- DESCRPTlON FEE CONDITlONS COST OF TIE VI.ORK Ov.lNER Design Phase Documents -----Bid Package Documents ----Fl:lst Bid Construction Documents -- Accountilg Forrns ---- Field Reporting Forms ---- Contract Agreements -- Schedule Report Forrns ---- Estirrating Forrns ---- Cost Reporting forrns ---- A'esentations Oiarts and Graphics ----Value Analysis Studies -- Data A'ocessing --- Reference Materials ---- Duplication Expense (Msc.) ----Shop Drawing A'inting ----Special Forms -- Fl:lstage and Delivery Expense -Construction Phase ---- Fl:lstage and Delivery Expense -Bid Documents ---- Legal Advertisements -Bid Notices -- ! ~-'t?,;-"~. . =-~-.: ... i.f.-....'h~ V. QUo.UTY CONTROL :;i,. .. ,;.; .. ·~ . • .. -, -....--,,,c 1:SA::.11.; ana1or r-Kt1.;UN L ~ :>l..!Vll l.>t:Ntl<AL DESCRIPTION FEE CONOOlONS COST OF THE VI.ORK OWNER --Special klspection Consultants - Special Testing Consultants --- Concrete Testing --- Masonry Testing -----Corrpaction Testing ---Welding klspections Soils klvestigations --- Special Testing Services ---Third Party Cornrissioning - VVarranty klspection Coordination ----Air & VVate r Balancing ----Operator On-S~e Training -- Operation & Maintenance Manuals -A'oduction ---Operation & Maintenance Manuals -Asserrbly -- October 18 , 20 17 3 030518a HC BOC Page 118 1r'. _._. . VL PERMrS AND SPECV\L FEES ---. ' BA::.L ana tor ~u,~ Luvt'::.lA\11 / ·- DESCRIPTION FEE CONDITIONS COST OF nE VI.ORK O\NNER --Storage Yard Rental ---Staking & Layout Fee s/Costs ---Building Perrrits ---Plan Check Fees - Contractors' Licens es -----Royalties ---Construction Equipment Licenses ----ConstrucUon Equipment Perrrits - .-~ --~ . -.. ~~-~ V B. INSURANCE AND BONDS -~ -.--;Ji.l -~ BA::.L ana ,or n=.,v" L uvt' ::.lA\11 1 --·-·- DESCRIPTION FEE CONDITIONS COST OF THE VI.ORK 0\/'MER -Build er's Risk nsurance ----General Liability nsurance ----Completed Ope rations Liability insurance ----Autorrobile Liability nsurance -- V\lorkman's Compensation nsurance ----excess Liability nsurance ----CMo\R Payment I Performance Bond ----Subcontractor Payment I Performance Bond / Subguard ----Subcontractor nsurance -- October 18 , 2017 4 030518a HC BOC Page 119 .1 VII. 011-iffi COSTS -. ... ·~ ';.. 'i' r -.vi'.' ~-. ~ .. ~ .... """"' ana1or n=,v,. L uvt':SUM / DESCRIPTION FEE CONDITIONS COS T OF 1HE W'.)RJ< OWNER A"oject Taxes ---- Construction Equ iprrent ---- Construction Labor Costs ---- Construction Materials --- Cost of De sign & Engineering (As stipulated in Contract Docurrents) --- A/E Cost of Bid Packages -- A"elirrinary Soils nspections ---- Field Office Supplies/Materials -- Project Photographs ---- ON ner Change Contingency --- Building Operation after M'.>ve-in ---- Building Maintenance After M'.>ve-in ---- M'.>ving Coordination --- M'.>ving Costs ---- Corrective Work ---- Asbestos Abaterrent ---- Lead Abaterrent ---- C.M, General Overhead Cost ---- C.M Profit --- Costs Over GMP ---- Corrputer, Cell phone, ipad Hardware (on-site) ---- Corrputer Software, support, licenses (on-site) -- MNSBE Coordinator ---- Meeting Accorrrrodations ---- Notary Fees ---- Jobsite Office Supplies & Equiprrent -- M'.>nthly Report Manuals (on-site) ---- Terrporary Bevator Use --- October 18, 2017 5 030518a HC BOC Page 120 APPENDIXC BALFOUR BEATTY LOCAL & MNORITY PARTICIPATION PLAN 030518a HC BOC Page 121 APPENDIXD DIVISIONS OF THE WORK FOR GUARANTEEED MAXIMUM PRICE A. GMP Breakdown Summary Sheet I. Trade Package Breakdown 2. Lump Sum General Conditions 3. Fees 4. Bonds and Insurances B. List of GMP Alternates (by Trade Package) C. List of GMP Allowances D. List of GMP Unit Prices (by Trade Package) E. GMP Document Log F. GMP Trade Bid Package Scopes and Bid Manual G. GMP MWBE Participation Reporting H. Certified Bid Tabulation I. List of GMP Approved Value Engineering Items , if any (by Trade Package) J. Local & Minority Participation Results 030518a HC BOC Page 122 APPENDIXE PROJECT AND CONSTRUCTION BUDGET 030518a HC BOC Page 123 APPENDIXF MASTER SCHEDULE 030518a HC BOC Page 124 APPENDIXG RFP & RFP RESPONSE 030518a HC BOC Page 125 APPENDIXH GUARANTEED MAXIMUM PRICE FLOW DIAGRAM Appe ndix H-Fl o w Chart To Es tablis h Guaranteed Maximum Pri c e * * * * * * * * .... I I 030518a HC BOC Page 126 APPENDIX I TO AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR CONSTRUCTION OF THE GOVERNMENT COMPLEX SOUTH FACILITY AND RENOVATION OF EXISTING HARNETT COUNTY DEPARTMENT OF SOCIAL SERVICES FACILITY AGREEMENT FOR TRANSFER OF DOCUMENTS IN MACHINE READABLE FORM WHEN THE OWNER OWNS THE INSTRUMENTS OF SERVICE Recipient Date Project Project No. 1. Limitation on Use. Documents in machine-readable form (the "E-Documents") are instruments of service prepared by THE ARCHITECT in furtherance of its work on the project identified above (the "Project"). Recipient acknowledges that, as an in strument of service for the specific Project, the E-Documents are not suitable for use on any other project, and that use of the E-Documents on an y other project is prohibited. Recipie nt agrees to indemn(fy and hold harmless THE ARCHITECT from and against all claims, damages, losses, and expenses, including attorneys' fees , arising out of or resulting from the use of the £-Documents, or any hard copy generated from the £-Documents, on any other project by Recipient, Recipient's successors and assigns, or any third party to whom Recipient intentionally or unintentionally transfers the £- Do cuments. 2. Reliance on E-Documents. The E-Documents are not signed, sealed, and certified documents. The E- Documents are being transferred to Recipient at Recipient 's request and solely for the convenience and benefit of Recipient. Recipient acknowledges that data, plans, specifications, reports , documents or other information transmitted in machine readable form are subject to undetectable alteration, either intentional or unintentional , due to, among other causes, transmission, conversion, media degradation , software error, software or hardware incompatibility, and human error. Due to this inability of THE ARCHITECT to control the accuracy and integrity of the E-Documents after transfer to Recipient, THE ARCHITECT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY, RELIABILITY , SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THEE-DOCUMENTS, AND ANY RELIANCE ON OR USE OF THEE- DOCUMENTS BY RECIPIENT SHALL BE AT RECIPIENT'S SOLE RISK. The signed and sealed hard copies of THE ARCHITECT'S instruments of service ("Certified Documents") are the only true contract documents of record, and Recipient is solely responsible for verifying that the information contained in the E-Documents is identical in all aspects to the Certified Documents, confirming that the information is current, and, if applicable, reque sting from THE ARCHITECT updated E-Documents reflecting any changes in the des ign subsequent to the above date of transfer. If there is a discrepancy between the Certified 030518a HC BOC Page 127 Documents and the E-Documents, the Certified Documents govern. Recipient agrees to Indemnify and hold harmless THE ARCHITECT as well as THE C OUNTY OF HARNETT, NORTH CAROLINA from and against all claims, damages, losses, and expenses, including attorneys ' fees, arising out of or resulting from the use and reliance upon the £-Documents by Recipient, Recipient 's successors and assigns, and any third party to whom Recipient, intentionally or unintenlionally, transfers the E-Documents . 3. No Modification or Transfer of E-Documents. Except for modifications made for the purpose of creating "as-built" or record drawings, or for the purpose of adding information on separate layers , Recipient shall not modify the E-Documents in any way. THE ARCHITECT reserves the right to retain the machine readable media upon which the E-Documents were originally prepared, and retain paper or reproducible copies of all E-Documents delivered to Recipient in machine readable form ; such media and copies shall govern in the event of any inconsistency or any dispute regarding the contents of the E-Documents. Recipient shall not transfer the E-Documents to any other person or entity. Recipient agrees to indemn[fy and hold harmless THE ARCHITECT as well as THE COUNTY OF HARNETT, NORTH CAROLINA from and against all claims, damages , losses, and expenses, including attorneys ' fees , arising out of or resulting from the modification, whether permitted or unpermitted under this paragraph, or transfer of the E-Documents by Recipient or Recipient 's successors and assigns. 4 . Transfer to Party other than Owner. If Recipient is not the owner of the Project (THE COUNTY OF HARNETT, NORTH CAROLINA), Recipient hereby warrants and represents to THE ARCHITECT that Recipient has received authorization from THE COUNTY OF HARNETT, NORTH CAROLINA to obtain and use the E-Documents, and that the transfer of the E-Documents is for the sole benefit of THE COUNTY OF HARNETT, NORTH CAROLINA. 5. Ownership of E-Documents. Recipient acknowledges that THE ARCHITECT is the owner of the E- Documents and all copyrights thereto , as well as any documents based on or derived from the E-Documents ; provided, however, the foregoing shall not be construed to create any right of Recipient to rely on the information provided or that the use of the E-Documents implies the review and approval by THE ARCHITECT of any drawing based on the E-Documents. THE ARCHITECT reserves the right to remove from the E-Documents all words , images, and symbols identifying THE ARCHITECT as the creator of the E -Documents, and such removal shall not affect THE ARCHITECT'S ownership interest in the E - Documents. 6. Software Compatibility and Use. THE ARCHITECT makes no representation as to long term compatibility, usability, or readability of the £-Documents resulting from the use of software application packages, operating systems , or computer hardware differing from those used by THE ARCHITECT to create the E-Documents. Transfer of the E-Documents to Recipient does not convey to Recipient a license to use the software that was used to create the E-Document, nor does the transfer create an obligation for THE ARCHITECT to provide such software to Recipient. 7. Severability. If any provision , term, condition , or clause of this transfer agreement or the application thereof shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 030518a HC BOC Page 128 ACCEPTED AND AGREED: RECIPIENT By: _____________ _ Title: Page I of3 030518a HC BOC Page 129 APPENDIXJ KEY FINANCIAL TERMS CM Fee: 3.25% of Contract Value Excluding Fee (no fee on fee) General Liability Insurance: 1.04% of Contract Value Subcontractor Default Insurance: 1.25% of direct cost CM Performance Bond (Optional): . 78% of Contract Value Builders Risk (If Carried By Balfour Beatty) :0.15% General Conditions: TBD (Estimated at 6% Contract Value) Page I of3 030518a HC BOC Page 130 AGENDA ITEM 6 March 5, 2018 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Rhonda Hutchinson, DeAngelo Jackson, & Annie Johnson Owens would like to be rea2pointed to serve on this committee. There are five (5) vacancies on this committee. BOARD OF EQUALIZATION AND REVIEW George Thurman would like to serve on this board (application attached). There are vacancies for members representing Districts l & 5. HARNETT COUNTY AIRPORT COMMITTEE There is one (I) vacancy for a member representing District 5 on this committee. We will need a member representing District 1 appointed December 2018 . HARNETT COUNTY BOARD OF ADJUSTMENT There is one (1) vacancy for an alternate members representing District 3 on this board. HARNETT COUNTY COUNCIL FOR WOMEN There are three (3) vacancies on this council. HARNETT COUNTY PLANNING BOARD There is one (1) vacancy for a member representing District 2 on this board. HARNETT COUNTY PUBLIC LIBRARY BOARD There is (1) vacancy on this board HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE There are three (3) vacancies on this committee. MID-CAROLINA AGING ADVISORY COMMITTEE There are two (2) vacancies on this committee. Page 1 -Appo intments 030518a HC BOC Page 131 NURSING HOME COMMUNITY AD VISO RY COMMITTEE There are two (2) vacancy on this board. TOWN OF ANGIER The Town of Angier Board o f Commissioners would like to appoint ETJ member Chri s Hughes to both the Angier Planning Board and the Board of Adjustments for a two year term (February 6 , 201 8-December 31 , 2019. (Letter and application attached) Page 2 -Appointments 030518a HC BOC Page 132 APPLICATION TO SERVE ON A BOARD APPOlNfED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS eoARD .1-!3_ rn,if-V)u flo/J, 6oa .-JJ 0/ Eiu q / '.,. ,ft,,..._ ci h -P ~., ti:,, 0 NAME: \:> a.. C tf r:-( / 1, Ui,--ft1 Qt\ ADDRESS : If c)) (Jky 5 faJ)l JU 5 Er UJ . j,.._ 7 ~/ c_ 2. q 33 9 ~-pNG DISTRICT: (Please check district number m which you hve): l!:{District I, Commissioner McKay's O District 4, Commissioner Springle· s 0 District 2, Commissioner Elmore's O District 5 , Commissioner Miller's 0 District 3, Commissioner Penny 's TELEPHONE: (HOMElC/tt>)C/17 ~ b t) J y' PRESENT OCCUPATION: _,_f<.,._'°.,._.., --':t:---','-'·t_-e....__...d"-'-------------r-r-----1-I- YEARS OF FORMAL EDUCATION:G :~/t__d-) 8 ~ (le7t JL-0 11/a /l o.maf ,·cs CIVJC AND FRATERNAL ORGANlZA TIO NS TN WHJCH YOU HA VE P ARTICTPATED : PLEASE TELL WHY YOU WOULD LIKE TO SER VE ON THE ABOVE LISTED BOARD: DATE· b-?.._(j. / q •••••••••••••••••••••••••••••••••••••••• FOR OFFICE USE ONLY: DATE RECEfVED: _ _,9"----~.:::...__;~::._.-_\....,[~-------------- DATE FORWARDED TO COUNTY COMMISSIONERS : --------------- 030518a HC BOC Page 133 AFFIRMA TJON OF UNDERSTANDING POL1CY AND PROCEDURES FOR APPOINTMENTS TO COUNTY BOARDS. COMMISSIONS, COMMITTEES OR AUTHORITIES RULE 30. Appointments (See Attachment) This is to affinn that I have read and understand the intent of Rule 30. Please Return Signed Fonn To: Gina Wheeler Harnett County Manager's Office P. 0. Box 759 Lillington, NC 27546 1gnature /laf-1/ JI-Cau Ji 6da ref 6(J-,c.,,a..f: 2.. .J:q, I<., 11 ,Q t.J N e of Board J---1-(j -'HJ / (/ Date 030518a HC BOC Page 134 Lewis Weatherspoon Mayor February 8, 2018 Mrs. Gina Wheeler Harnett County Manager's Office PO Box 759 Lillington NC 27546 Dear Mrs. Wheeler: Town of Angier www.angier.org Coley B. Price Town Manager RECEIVED FEB 1 2 2018 HARNETT COUNTY MA"t!!\.gf!R'S 0FFIGE Veronica Hardaway Town Clerk On behalf of the Town of Angier, I wanted to advise you that on February 6, 2018, the Angier Board of Commissioners unanimously approved the appointment of one ETJ member to a two- year term to serve on both our Angier Planning Board and Board of Adjustment. The incumbent approved for reappointment was: (incumbent) Chris Hughes 65 Golden Lane Angier NC 27501 (whose term will be Feb. 6 , 2018 -Dec. 31, 2019). Please forward the Town of Ang ier 's recommendation to the Harnett County Board of Commissioners for their consideration and potential approval. Attached is a copy of the approved candidate's application for the County Board 's perusal. Should yo u have any further question s, please us at (919) 639-2071. Thank you for yo ur assistance. Sincerely, Veronica Hardaway Town Clerk Post Office Box 278 • Angier, North Carolina 27501 -0 278 • (919) 639-2071 030518a HC BOC Page 135 APPLICATION TO SERVE ON AN ADVISORY BOARD APPOINTED av THE TOWN OF ANGIER BOARD OF COMMISSIONERS The Town of Angier appreciates your interest in serving on a Board and requests that you complete the following application. This application requests general info_rmation based on your interest in applying for a Board for the Town cf Angier. Applicant Name : ilJu'.,s f±u._jh.e"> Date of Application : i.2:J "lft_jJ Home Address: _fa..5' ~Cl 1 e_c_fi ( ;J. 7 Su ( e Home Phone : q,q :fS'.IC1-=.],ig_ Business/Other Phone : _____ ·'>~·4~~~1-f..,._ __ _ In ordet tc consider this application and provide a sense of balance m the various Boards, the Town of Angier requests that the folfGwing Information be provided: Date of Birth C7/ c/)!_J.J.S';f Ma le: V Female: o Race :_ tJh.fe {African American, White, Hispanic, Asian, Native American) • a Occupation : :;5;5vr t&-l~Q ti ;c /Je ?1~/d f ___ ·. Do you reside within the Town Limits of Angler : Yes o No ¢/"'~· Length of residence In the Town of Angier : _d_ Years __ Months 030518a HC BOC Page 136 Ptease indicate your preference by the number (first choice being '"1 '1 and choose. Town of Angier Advisory Boards Planning Board _/_ Library Board __ ABC Board ___ _ Ethics Guidelines for Town Boards (Please check if you agree) itvfes, if appointed, I pledge to comply with the following ethics guidelines for boards as adopted by the Town of Angier. Members of boards shall not discuss, advocate, or vote on any matters in which they have a conflict of interest or an interest which reasonably might appear to be In conflict with the concept of fairness in dealing with public business. A conflict of interest or a potential conflict occurs if a member has a separate, private, or monetary interest, either direct or indirect, in any Issue or transaction under consideration. Any member who violates this provision may be subject to removal from the board. If the board believes he/she has a conflict of interest, then the member should ask the board to be excused from voting. The board should then vote on the question on whether or not to excuse the member making the request. In cases where the individual member or the board establishes a conflict of interest, then the board member shall remove themselves from the voting area. Any board member may seek the counsel of the Town Attorney on questions regarding the interpretation of these ethics guidelines or other conflict of interest matters. The interpretation may include a recommendation on whether or not the board should excuse himself/herself from voting. The board may request the Town Attorney to respond in writing. Please provide. a brief summary outlining why you wish to serve on a board you have indicated. J,elP : ;¥/"/ ,>tl <:. Dall! Received :_~)?\ fl. --·- Please return form to: Angier Town Clerk, P.O. Box 278, Angler, NC Or FAX (919 639-6130 D 030518a HC BOC Page 137 Agenda Item __ ...,:?,._ __ _ RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS LEVYING A SIX PERCENT (6%) ROOM OCCUPANCY TAX WITHIN HARNETT COUNTY DISTRICT H THAT WHEREAS, Harnett County is one of the five fastest growing counties in North Carolina and among the top 100 fastest growing counties in the United States; and WHEREAS, as Harnett County continues growing, it will be beneficial to bring in revenue from tourism so that the county's residents do not have to bear the entire burden of funding programs and services through their tax dollars; and WHEREAS, the North Carolina General Assembly passed Session Law 2017-202, which created Hamett County District H as a taxing district and authorized the Harnett County Board of Commissioners to serve ex officio as the governing body of the district; and WHEREAS, Harnett County District H consists of all of Harnett County exclusive of the A verasboro Township; and WHEREAS, Session Law 2017-202 authorizes the Harnett County Board of Commissioners to levy a six percent (6%) occupancy tax within Harnett County District Hon the gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the district that is subject to sales tax imposed by the State under G.S . 105-164.4(a)(3); and WHEREAS, a public hearing was held on December 18 , 2017, to consider the levying a six percent (6%) room occupancy tax within Harnett County District H; and WHEREAS, public notice was given of the public hearing in accordance with the law at least ten ( I 0) days prior to the date of the hearing; and WHEREAS, the Harnett County Board of Commissioners does hereby find and declare that the levying of said room occupancy tax within Harnett County District H is both desirable and necessary to promote tourism within Harnett County. NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners enacts the following: I. T here is hereby imposed and levied within Hamett County District Ha six percent (6%) room occupancy tax of the gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the district that is subject to sale tax imposed by the State under G .S. l05-I64.4(a)(3) effective May I , 2018. This tax is in addition to any State or local sales or room occupancy tax. This tax shall not apply to any room or rooms, lodging or accommodations supplied to the same person for a period of ninety (90) continues days 030518a HC BOC Page 138 or more. This tax shall not apply to accommodations furnished by non-profit charitable, education or religious institutions or organizations. 2. The occupancy tax is due and payable to the Harnett County Finance Office in monthly installments on or before the 15th day of the month following the month in which the tax accrues. Every person, firm, corporation or association liable for the tax shall, on or before the 15th day of each month, prepare and render a return on a form prescribed by the Harnett County Finance Office. The return shall state the total gross receipts derived in the preceding month from rentals upon which the tax is levied. A room occupancy tax return filed with the Harnett County Finance Officer is not a public record and may not be disclosed except in accordance with G.S. 153A-148.1 or G.S. 160A-208.l. 3. In his/her discretion, the Harnett County Tax Administration may proceed against an operator whose occupancy tax is delinquent, employing all remedies for collection of tax as set out in G.S. 105-367, 105-368, 105-374, and 105-375. 4. A person, firm, corporation, or association who fails or refuses to file a room occupancy tax return or pay a room occupancy tax as required by law is subject to the civil and criminal penalties set out in G .S. 105-236 for failure to pay or file a return for state sales and use taxes. The Hamett County Board of Commissioners has the same authority to waive the penalties for room occupancy tax that the Secretary or Revenue has to waive the penalties for State sales and use taxes. 5. Every operator of a business or individual renting his or her own property subject to the tax levied shall, on and after the effective date of the levy of the tax, collect the six percent (6%) room occupancy tax. 6. Harnett County or designee may retain from the gross proceeds of the tax collected, an amount sufficient to pay its direct costs for administrative and collection expenses. "Net proceeds" shall mean the gross proceeds less the direct costs for administrative and collection expenses to be set at three percent (3%) of the first $500,000 of gross proceeds collected each year and one percent (1 %) of the remaining gross proceeds collected each year. 7. The Harnett County Board of Commissioners shall create and appoint the Hamett County District H Tourism Development Authority, which shall be a public authority under the Local Government Budget and Fiscal Control Act. The Hamett County Finance Office shall , on a quarterly basis, remit the proceeds of the occupancy tax, less the County's expense of administering and collecting the tax, if any, to the Harnett County District H Tourism Authority. The Authority shall use two-thirds (2/3) of the funds remitted to it to promote travel and tourism in Harnett County District H and use the remaining one-third (1/3) of the funds remitted to it for tourism-related expenditures in the district. 030518a HC BOC Page 139 8. The Harnett County Board of Commissioners may by resolution amend or repeal the levy of the room occupancy tax, but no repeal or amendment shall become effective until the end of the fiscal year in which the resolution was adopted. Repeal or amendment of a room occupancy tax does not effect a liability for a tax that was attached before the effective date of the repeal or amendment, nor does it effect a right to a refund of a tax that accrued before the effective date of the repeal or amendment. Adopted this 5th day of March 2018. HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk to the Board 030518a HC BOC Page 140 Agenda Item _____ <gL---- RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS CREATING THE HARNETT COUNTY DISTRICT H TOURISM DEVELOPMENT AUTHORITY THAT WHEREAS, the North Carolina General Assembly passed Session Law 2017-202, which created Hamett County District H as a taxing district and authorized the Hamett County Board of Commissioners to levy a six percent (6%) occupancy tax within Hamett County District H on the gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the district that is subject to sales tax imposed by the State under G.S. 105-164.4(a)(3); and WHEREAS, Session Law 2017-202 requires that when the Hamett County Board of Commissioners adopts a resolution levying a room occupancy tax, it shall also adopt a resolution creating the Hamett County District H Tourism Development Authority, which shall be a public authority under the Local Government Budget and Fiscal Control Act; and WHEREAS, the Hamett County Board of Commissioners desires to create the Hamett County District H Tourism Development Authority to expend the net proceeds of the room occupancy tax to promote travel and tourism in the district and make tourism-related expenditures in the district. NOW THEREFORE BE IT RESOLVED that the Hamett County Board of Commissioners does hereby do the following: 1. Establishes the Hamett County District H Tourism Development Authority, which shall be a public authority under the Local Government Budget and Fiscal Control Act. The Authority shall expend the net proceeds of the Hamett County District H occupancy tax for the purposes provided in Session Law 2017-202. The Authority shall promote travel and tourism in the district and make tourism-related expenditures in the district. 2. Establishes the following procedures for the appointment of membership: The Hamett County Board of Commissioners shall appoint five (5) members to the Hamett County District H Tourism Development Authority, selected as follows: a. Lodging -Two (2) appointees Two (2) members shall be individuals who are affiliated with businesses that collect the occupancy tax in the district. ( one-third) b. Business/Tourism Related -Three (3) appointees Three (3) members shall be individuals who are currently active in the promotion of travel and tourism in Hamett County District H. ( one-half) c. Administrative -non-voting The Hamett County Finance Officer shall be a non-voting ex officio member and serve as Finance Officer of the Harnett County District H Tourism Development Authority. The Hamett County Manager, or his/her designee, shall be a non- voting ex officio member. Upon appointment of the initial five members of the Hamett County District H Tourism Development Authority, the Hamett County Board of Commissioners shall also adopt bylaws for the Authority. 030518a HC BOC Page 141 3. Establishes the following terms of appointment: a. The initial terms of the Authority shall be as follows: One (1) Lodging and one (1) Business/Tourism Related member shall be appointed for a three-year term. One (1) Lodging and one (1) Business/Tourism Related member shall be appointed for a two-year term. One (1) Business/Tourism Related member shall be appointed for a one-year term. Thereafter, all terms shall be for three (3) years. b. Members serve until their successors are appointed and qualified. c. Members may be replaced and removed at any time at the discretion of the Harnett County Board of Commissioners. 4. Establishes the following procedures for filling vacancies: A vacancy occurring in any category of membership shall be filled within that category by an appointment for the remainder of the unexpired term by the Harnett County Board of Commissioners. 5. Establishes the following compensation: Members of the Authority shall serve without compensation, but may be reimbursed for expenses actually incurred in connection with the performance of their duties in accordance with such rules as the Authority may from time to time adopt. 6. Establishes the following procedures for appointing officers: the Chairperson of the Authority shall be designated by the Harnett County Board of Commissioners on an annual basis. The Authority shall elect from its membership, on an annual basis, a Vice Chairperson to serve in the absence of the Chairperson. The Harnett County Manager, or designee, shall be ex officio Secretary to the Authority, and the Harnett County Finance Officer shall be the ex officio Finance Office of the Authority. 7. Establishes the following requirements for reporting: The Authority shall report quarterly and at the close of the fiscal year to the Harnett County Board of Commissioners on its receipts and expenditures for the preceding quarter and for the year in such detail as the board may require. Adopted this 5th day of March 2018. HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman ATTEST: Margaret Regina Wheeler, Clerk to the Board 030518a HC BOC Page 142 ~~ HARNETT COUNTY Agenda Item 1 (i) Harnett FINANCIAL SUMMARY REPORT C OUN T Y ~OR Th CAROi T~A January, 2018 GENERAL FUND FYE2018 FYE2018 Total Same Period Department FYE2016 FYE 2017 Adjusted Budget Activity Percent Last Fiscal Year to Date Governing Body $ 208,357 $ 272,690 $ 325,151 $ 248,270 76.36% $ 238,364 Administration 294,293 404,153 502,462 340,855 67.84% 273,705 Legal Services 53,919 95,207 160,511 163,666 101.97% 107,881 Human Resources 205,162 257,066 289,743 203,742 70.32% 140,181 Board of Elections 381,191 415,400 528,246 190,966 36.15% 268,850 Finance 811,001 848,360 1,021,531 672,370 65.82% 537,945 Insurance -Retirees 415,000 520,000 251,367 48.34% 142,897 Clerk of Court 81,438 92,784 102,625 63,103 61.49% 58,447 Tax 1,709,486 1,594,220 1,743,220 930,451 53.38% 829,198 General Services 158,173 156,539 188,368 114,894 60.99% 70,634 Fleet Maintenance 543,249 540,424 610,237 303,152 49.68% 300,817 Transportation 1,523,150 1,707,476 1,482,960 760,521 51.28% 690,821 Transportation -Admin 194,529 247,359 283,858 135,233 47.64% 80,939 Facilities Maintenance 3,667,427 2,700,087 2,894,508 1,753,175 60.57% 1,051,954 Register of Deeds 759,735 769,621 837,668 466,362 55.67% 330,206 Information Technology 1,787,734 1,962,777 2,223,238 1,334,797 60.04% 1,099,683 GIS 581,109 592,936 656,704 386,273 58.82% 321,323 Sheriff 9,677,549 9,596,512 10,626,417 5 ,574,238 52.46% 4,450,620 Campbell Deputies 442 ,623 461,128 521,648 272,463 52 .23% 221,665 Sheriff's Department Grants 26,924 19,237 22,240 22,202 99.83% 5,921 Child Support Enforcement 66,653 79,381 84,647 41,544 49.08% 34,156 Governor's Highway Safety 123,300 6,701 5.43% Communications 1,624,091 1,648,761 1,925,480 978,040 50.79% 776,292 School Resource Officers 682,489 738,896 778,555 426,192 54.74% 336,473 Jail 4,551,465 4,669,491 5,312,517 2,789,459 52.51% 2,188,464 Emergency Services 730,739 829,545 1,067,408 497,389 46.60% 403,520 Emergency Services Grant 58,000 53,959 36,483 67.61% 58,000 Emergency Medical Service 4,414,723 6,296,462 6,994,743 3,655,918 52.27% 2,864,385 EMS Transport 1,151,492 14 14 Rescue Districts 3 ,361,704 3,361,704 3,462,557 2,019,825 58.33% 1,960,991 Animal Services 438,575 437,729 544,075 260,504 47.88% 219,606 Medical Examiner 89,900 65,900 90,000 53,600 59.56% 28,950 JCPCAdmin 6,886 5,016 5,037 1,140 22.63% 2,548 Public Safety Appropriations 71,908 75,361 87,203 40,416 46.35% 41,189 Emergency Telephone System Radio System Harnett Regional Jetport 198,422 189,136 284,277 93,407 32.86% 79;529 Soil & Water 178,736 177,452 198,5 18 68,569 3 4.54% 93,756 Environmental Protection 4,000 4,000 4,000 4,000 100.00% 4,000 Forestry Program 101,648 100,108 115,111 55,607 48.31% 40,885 Economic/Physical Dev . App. 509,983 575,679 775,000 478,337 61.72% 242,787 U:\My Oocuments\Monthly Reports\201 7 . 2018\January 2018 -Financial Statements 030518a HC BOC Page 143 ~~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY ~OR 'l1 CA RCI INA January, 2018 GENERAL FUND FYE 2018 FYE2018 Total Same Period Department FYE 2016 FYE2017 Percent Adjusted Budget Activity to Date Last Fiscal Year Industrial Development 436,558 1,017,433 1,266,367 370,279 29.24% 317,634 Development Services 1,309,860 1,363,085 1,544,371 801,470 51.90% 673,489 Community Development (BG) 192 19,116 31,997 (533) 17,874 Abandoned MFG Home 32,171 23,216 24,126 12,665 52.50% 10,170 Cooperative Extension 314,013 364,853 441,981 158,410 35.84% 150,353 CCR&R -Block Grant 24,494 25,877 31,903 8,244 25.84% 10,478 CCR&R-United Way 150 Parents As Teachers 59,354 Adolescent Parenting 76,776 77,605 80,643 41,360 51.29% 33,933 4-H Teen Court & At Risk 72,035 45,234 55,741 27,278 48.94% 20,153 Child Care Youth Training Race to the Top 4,034 657 450 Adolescent Parenting -BJRH Special Programs 30,035 20,764 45,083 21,990 48.78% 11,321 Department on Aging 315,244 316,827 337,294 174,564 51.75% 140,111 Family Caregiver Support 61,164 67,657 71,050 39,239 55.23% 31,865 RSVP 77,511 83,864 90,228 44,876 49.74% 35,382 CAP -Disabled Adults 329,421 324,799 374,045 199,832 53.42% 154,372 Nutrition for Elderly 432,337 405,411 441,270 224,954 50.98% 176,657 Health 6,082,878 5,745,786 6,384,331 2,961,350 46.38% 2,643,840 Mental Health 605,679 605,679 605,679 454,259 75.00% 302,840 Social Services 10,324,942 12,216,121 12,713,027 6,415,705 50.47% 5,732,947 Public Assistance 9,351,002 9,118,139 9,293,109 4,195,356 45.14% 4,154,036 Veteran's Services 180,399 213,802 270,472 135,805 50.21% 93,529 Restitution 103,322 101,763 120,949 46,258 38.25% 46,576 Human Services App. 136,805 36,059 45,000 15,550 34.56% 20,482 Library 910,122 971,658 1,153,603 574,546 49.80% 438,780 Cultural & Recreational App. 153,000 185,000 184,014 17,250 9.37% 185,000 Parks & Recreation 435,005 800,422 1,024,702 531,569 51.88% 432,491 Education Board of Education -reserve Board of Education -add teach 72,542 1,120,000 178,384 15 .93% Board of Education -current 21,267,993 21,420,138 21,068,027 14,045,351 66.67% 10,710,069 Board of Education -capital 280,707 122,625 865,909 674,786 77.93% Board of Education -teachers 993,967 1,055,200 2,199,000 1,776,084 80.77% 1,055,200 Central Carolina -current 1,019,467 1,080,450 630,263 58.33% 509,733 Central Carolina -capital 26,197 30,000 5,697 18.99% Central Carolina -health science: 332,715 Central Carolina -works Central Carolina -DOT 70,000 Subtotal -Operating $ 95,761,633 $ 100,328,607 $ 110,442,093 $ 60,478,072 54.76% $ 49,040,077 Expenditures U:\My Oocuments\Monthly Reports\2017 -2018Vinua ry 2018 • f inancial Statements 2 030518a HC BOC Page 144 r-;~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY t.:ORT!-l (ARCLir,A January, 2018 GENERAL FUND FYE 2018 FYE 2018 Total Same Period Department FYE 2016 FYE 2017 Adjusted Budget Activity Percent Last Fiscal Year to Date lnterfund Transfers 2,145,446 3,628,409 1,903,167 1,126,667 59.20% Debt Service Interest 4,745,868 3,852,362 4,694,305 2,309,993 49.21% 2,000,210 Principal 11,551,602 13,660,527 14,596,843 8,558,932 58.64% 7,886,071 Cost of Issuance 213,601 (3,131) 10,000 3,775 37.75% (3,131) Other Financing Uses 36,177,890 Contingency 385,901 Subtotal Other Financing $ 54,834,407 $ 21,138,167 $ 21,590,216 $ 11,999,367 55.58% $ 9,883,150 Uses: Total Expenditures $ 150,596,040 $ 121,466,774 $ 132,032,309 $ 72,477,439 54.89% $ 58,923,227 FYE 2018 FYE 2018 Total Same Period Source FYE 2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Year Ad Valorem Taxes Real and Personal $ 55,082,717 $ 56,335,636 $ 55,393,772 $ 52,834,885 95.38% $ 40,658,271 Motor Vehicles 6,190,412 6,637,839 6,146,212 3,242,876 52.76% 2,681,969 Sales Tax 19,279,813 20,518,531 20,655,250 5,993,405 29.02% 3,855,972 Other taxes 1,220,493 1,259,723 1,325,000 694,321 52.40% 543,392 Permits & Fees 2,965,577 2,961,556 3,854,840 1,604,779 41 .63% 1,379,556 Intergovernmental Revenue 20,274,012 18,900,426 22,202,090 9,574,075 43.12% 6,988,935 Sales & Services 9,204,896 9,857,148 8,286,349 3,795,220 45.80% 3,200,717 Other Revenues 3,343,042 3,204,306 6,274,259 2,033,220 32.41% 1,454,238 Rents, Concessions & Fees 73,655 67,075 74,808 42,509 56.82% 35,678 Subtotal -Operating $ 117,634,617 $ 119,742,240 $ 124,212,580 $ 79,815,290 64.26% $ 60,798,728 Revenues Investment Earnings 97,339 247,493 225,000 245,195 108.98% 64,090 Other Financing Sources 37,018,000 24,951 lnterfund Transfers 7,501 1,657,613 6,192,389 9,012 0.15% Fund Balance Appropriated 1,402,340 Subtotal Other Financing $ 37,122,840 $ 1,930,057 $ 7,819,729 $ 254,207 3.25% $ 64,090 Sources: Total Revenues $ 154,757,457 $ 121,672,297 $ 132,032,309 $ 80,069,497 60.64% $ 60,862,818 Revenues over/ (under) $ 4,161,417 $ 205,523 $ 7,592,058 $ 1,939,591 expenditures U:\My Oocuments\Monthlv Reports\2017 · 2018\January 2018 • Financial Statements 3 030518a HC BOC Page 145 ~~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT C O U N T Y ~()fofi•i (AE:Ol l"I A January, 2018 GENERAL FUND Cash and Investments PNC Regions MBS NCCMT Total Janua.ry 2018 7,529,636 1,001,432 12,844,050 26,342,248 47,717,367 December 2017 $ 52,430 $ 1,000,000 $ 14,823,361 $ 18,773,227 $ 34,649,018 November 2017 $ 52,430 $ 1,000,000 $ 11,855,892 $ 22,567,264 $ 35,475,586 October 2017 $ 52,430 $ $ 13,834,305 $ 17,354,061 $ 31,240,796 September 2017 $ 52,430 $ $ 13,051,245 $ 13,984,535 $ 27,088,210 August 2017 $ 52,430 $ $ 12,825,076 $ 13,215,998 $ 26,093,504 July 2017 $ 309,691 $ $ 12,833,501 $ 14,699,895 $ 27,843,087 June 2017 $ 7,234,863 $ $ 12,833,501 $ 13,721,198 $ 33,789,562 May 2017 $ 2,160,563 $ $ 12,883,875 $ 21,669,408 $ 36,713,847 April 2017 $ 102,890 $ $ 12,883,875 $ 29,247,908 $ 42,234,673 March 2017 $ 9,318,753 $ $ 10,900,020 $ 28,346,806 $ 48,565,578 February 2017 $ 11,016,173 $ $ 10,900,020 $ 23,550,367 $ 45,466,559 January 2017 $ 16,589,974 $ $ 10,900,020 $ 21,778,696 $ 49,268,690 December 2016 $ 6,162,440 $ $ 10,399,391 $ 20,139,559 $ 36,701,391 November 2016 $ 8,950,242 $ $ 10,149,294 $ 11,410,145 $ 30,509,681 October 2016 $ 11,893,456 $ $ 9,598,367 $ 4,576,239 $ 26,068,062 September 2016 $ 1,401,847 $ $ 9,611,806 $ 9,898,592 $ 20,912,246 August 2016 $ $ $ 10,830,323 $ 13,870,895 $ 24,701,218 Cash Flow $55,000,000 $45,000,000 $35,000,000 $25,000,000 -~ $15,000,000 U:\My Oocuments\Monthly Reports\2017-2018\lanuarv 2018 -Financia l Statements 4 030518a HC BOC Page 146 ~-~ HARNETT COUNTY FINANCIAL SUMMARY REPORT 2/21/2018 Harnett COUNTY M.IRTH CARN ''IA January, 2018 GENERAL FUND Estimated Fund Balance In the governmental fund financial statements, fund balance is composed of five classifications designed to disclose the hierarchy of constraints placed on how fund balance can be spent. They are as follows: Non-Spendable Fund Balance - Restricted Fund Balance - Committed Fund Balance - Assigned Fund Balance - Unassigned Fund Balance - Non Spendable Restricted Committed Assigned Unassigned Total General Fund General Fund Expenditures Unass igned Fund Balance as a% of Expenditures This classification includes amounts that cannot be spent because they are either (a) not in spendable form or (b} legally or contractually r equired to be maintained intact. The classification includes amount that are restricted to specific purposes externally imposed by creditors or imposed by law. This classification represents the portion of fund balance that can only be used for specific purposes imposed by majority vote by a quorum of the County Commissioners, that can by adoption of an ordinance, commit fund balance. That portion of fund balance that the County intends to use for specific purposes. The County Commissioners have the authority to assign fund balances. This classification represents the portion of fund balance that has not been assigned to another fund or is not restricted, committed, or assigned to specific purposes within the general fund. 2013 2014 2015 2016 2017 $ 451,088 $ 111,181 $ 159,625 $ 1,418,606 $ 232,245 $ 9,433,149 $ 9,260,952 $ 11,496,063 $ 11,966,027 $ 9 ,068,575 $ $ $ $ $ $ $ 3,193,811 $ 2,600,000 $ $ $ 17,959,942 $ 18,732,095 $ 19,417,388 $ 26,311,973 $ 32,547,008 $ 27,844,179 $ 31,298,039 $ 33,673,076 $ 39,696,606 $ 41,847,828 $ 101,852,867 $ 103,330,529 $ 108,508,715 $ 112,272,703 $ 119,688,680 17.63% 18.13% 17.89% 23 .44% 27.19% U:\My Documen ts\Monthly RePorts\2017 -2018\January 2018 -Financial Statements 5 030518a HC BOC Page 147 ~~ Harnett COUNTY !loO,IH {AJU'.;LfS,.. 21.00"-' 11.00% 1.00% 2013 HARNETT COUNTY FINANCIAL SUMMARY REPORT 2014 January, 2018 GENERAL FUND Fund Balance % 2015 2016 2017 The Harnett County Board of Commissioners have approved a fund balance policy which strives to maintain a minimum fund balance of 15%. U:\My Oocuments\Monthfy Re ports\2017. 2018Vanuary 2018 • Fi nancial Statem,nts 2/21/2018 6 030518a HC BOC Page 148 ~~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY ~ORO! (AROlJN/\ January, 2018 PUBLIC UTILITIES FUND FYE 2018 FYE 2018 Total Same Period Department FYE 2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Year Admin/CSR/Meter Services $ 3,452,612 $ 4,068,457 $ 6,936,473 $ 1,104,889 15.93% $ 1,497,735 Water Treatment 4,376,387 4,701,727 5,669,326 2,551,449 45.00% 1,930,271 Wastewater Treatment 2,005,668 2,442,732 3,235,710 1,457,983 45.06% 993,298 Wastewater Treatment SHWW 1,993,304 2,312,626 2,906,061 1,085,044 37.34% 796,925 Distribution 3,634,241 4,079,847 4,597,259 2,094,960 45.57% 1,967,990 Collections 2,742,752 3,509,807 4,647,186 1,752,175 37.70% 1,647,083 Subtotal -Operating $ 18,204,964 $ 21,115,196 $ 27,992,015 $ 10,046,500 35.89% $ 8,833,302 Expenditures lnterfund Transfers 11,684,213 1,996,590 1,996,590 100.00% Depreciation 9,327,622 9,488,101 Debt Service 1,070,704 Interest 2,250,846 1,658,566 672,157 40.53% 717,739 Principal 3,113,936 3,162,027 550,867 17.42% 537,527 Subtotal Other Financing $ 10,398,325 $ 26,537,096 $ 6,817,183 $ 3,219,614 47.23% $ 1,255,266 Uses: Total Expenditures $ 28,603,289 $ 47,652,292 $ 34,809,198 $ 13,266,114 38.11% $ 10,088,568 FYE 2018 FYE 2018 Total Same Period Source FYE2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Year Intergovernmental Revenue $ 3,703 $ 3,703 $ 3,703 $ 3,703 100.00% $ Sales & Services 32,563,219 35,382,681 32,117,905 21,860,193 68.06% 12,749,658 Other Revenues 3,704,119 5,091,063 691,000 624,630 90.40% 119,798 Rents, Concess. & Feees 2,105 (3,018) 12,763 678 Subtotal -Operating $ 36,273,146 $ 40,474,429 $ 32,812,608 $ 22,501,289 68.58% $ 12,870,134 Revenues Other Finance Sources 320,484 50,001 lnterfund Transfers 450,000 45,034 Fund Balance Appropriated 1,996,590 Subtotal Other Financing $ 770,484 $ 45,034 $ 1,996,590 $ 50,001 2 .50% $ Sources: Total Revenues $ 37,043,630 $ 40,519,463 $ 34,809,198 $ 22,551,290 64.79% $ 12,870,134 Revenues over/ (under) expenditures $ 8,440,341 $ (7,132,829) $ 9,285,176 $ 2,781,566 U:\My Documents\Monthly Re ports\2017. 2018\lanuary 2018 -Financial Statements 7 030518a HC BOC Page 149 ~~ HARNETT COUNTY 2/21 /2018 Harnett FINANCIAL SUMMARY REPORT COUNTY \O!i:rli -lA.i N 1 "A January, 2018 PUBLIC UTILITIES FUND Cash and Investments PNC Lockbox Money Mkt NCCMT Total January 2018 $ 30,506,523 $ 7,782,284 $ 5,018,391 $ 30,919 $ 43,338,118 December 2017 $ 28,953,329 $ 7,750,772 $ 5,016,260 $ 30,526 $ 41,750,887 November 2017 $ 27,807,215 $ 7,213,780 $ 5,014,199 $ 30,382 $ 40,065,576 October 2017 $ 26,818,623 $ 6,886,050 $ 5,012,069 $ 29,701 $ 38,746,444 September 2017 $ 25,541,516 $ 6,526,813 $ 5,010,010 $ 27,553 $ 37,105,892 August 2017 $ 24,609,773 $ 6,454,907 $ 5,007,882 $ 27,402 $ 36,099,964 July 2017 $ 23,098,741 $ 5,739,955 $ 5,005,756 $ 26,874 $ 33,871,325 June 2017 $ 22,125,214 $ 5,549,386 $ 5,005,756 $ 26,474 $ 32,706,830 May 2017 $ 25,982,342 $ 5,236,513 $ 5,003,631 $ 624,363 $ 36,846,849 April 2017 $ 32,934,935 $ 4,914,027 $ 5,001,575 $ 614,100 $ 43,464,638 March 2017 $ 31,893,934 $ 9,713,915 $ $ 599,368 $ 42,207,217 February 2017 $ 35,929,010 $ 4,553,808 $ $ 588,943 $ 41,071,761 January 2017 $ 34,586,445 $ 4,491,557 $ $ 588,277 $ 39,666,278 December 2016 $ 33,153,787 $ 4,255,513 $ $ 588,277 $ 37,997,576 November 2016 $ 31,878,365 $ 4,312,453 $ $ 588,228 $ 36,779,046 October 2016 $ 31,059,095 $ 4,075,830 $ $ 585,783 $ 35,720,707 September 2016 $ 29,921,800 $ 4,030,784 $ $ 585,023 $ 34,537,607 August 2016 $ 30,074,922 $ 3,836,649 $ $ 585,023 $ 34,496,594 Cash Flow $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 U :\My Oocuments\Monthly Reports\2017 -2018Vanuary 2018 -Financial Statements 8 030518a HC BOC Page 150 ~-~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COUN T Y l'IORf H lAROUHA January, 2018 SOLID WASTE FUND FYE2018 FYE2018 Total Same Period Department FYE 2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Year Solid Waste $ 4,207,775 $ 5,002,634 $ 4,665,956 $ 1,858,625 39.83% $ 2,046,228 Subtotal -Operating $ 4,207,775 $ 5,002,634 $ Expenditures 4,665,956 $ 1,858,625 39.83% $ 2,046,228 Other Financing Uses lnterfund Transfers Depreciation 445,290 584,770 Debt Service 88,150 Interest 87,349 66,027 48,695 73.75% 41,041 Principal 932,725 948,650 844,900 89.06% 443,776 Cost of Issuance Subtotal Other Financing $ 533,439 $ 1,604,844 $ 1,014,677 $ 893,595 88.07% $ Uses: 484,818 Total Expenditures $ 4,741,214 $ 6,607,477 $ 5,680,633 $ 2,752,220 48.45% $ 2,531,046 FYE 2018 FYE 2018 Total Source FYE 2016 FYE 2017 Percent Same Period Adjusted Budget Activity to Date Last Fiscal Year Taxes $ 268,129 $ 282,599 $ 250,000 $ 68,328 27 .33% $ 81,014 Intergovernmental Revenue 133,790 60,036 90,000 Sales & Services 5,313,693 5,731,760 5,335,248 4,358,623 81.69% 3,455,897 Other Revenues 139,437 2,472,394 3,700 11,449 309.43% 560 Rents, Concess . & Feees 1,291 2,548 1,500 919 61.27% 404 Subtotal -Operating $ 5,856,340 $ 8,549,337 $ 5,680,448 $ 4,439,319 78.15% $ Revenues 3,537,875 Other Finance Sources 917 185 lnterfund Transfers Fund Balance Appropriated Subtotal Other Financing $ 917 $ $ 185 $ $ Sources: Total Revenues $ 5,857,257 $ 8,549,337 $ 5,680,633 $ 4,439,319 78.15% $ 3,537,875 Revenues over/ (under) $ $ expenditures 1,116,043 1,941,860 $ 1,687,099 $ 1,006,829 U:\My Documents\Mont hty Re ports\2017 · 201 8\January 2018 · financial St.ltements 9 030518a HC BOC Page 151 r-y~ HARNETT COUNTY Harnett FINANCIAL SUMMARY REPORT C OUNTY ~Ofl fH CA~Ct ?"''' January, 2018 SOLID WASTE FUND Cash and Investments PNC BB&T First Bank January 2018 $ 1,463,498 $ 1,046,347 $ 971,956 $ December 2017 $ 1,607,649 $ 1,008,334 $ 937,891 $ November 2017 $ 1,558,757 $ 999,310 $ 928,889 $ October 2017 $ $ 973,412 $ 911,171 $ September 2017 $ $ 936,540 $ 886,499 $ August 2017 $ $ 624,648 $ 866,139 $ July 2017 $ $ 804,053 $ 846,637 $ June 2017 $ 189,827 $ 873,490 $ 822,923 $ May 2017 $ 146,657 $ 849,369 $ 798,541 $ April 2017 $ 252,605 $ 813,116 $ 768,637 $ March 2017 $ 697,465 $ 796,560 $ 738,482 $ February 2017 $ 1,010,246 $ 774,615 $ 715,054 $ January 2017 $ 933,046 $ 733,821 $ 679,357 $ December 2016 $ 1,221,468 $ 712,874 $ 660,335 $ November 2016 $ 143,512 $ 679,050 $ 628,517 $ October 2016 $ $ 623,360 $ 608,194 $ September 2016 $ 723,455 $ 703,192 $ 649,795 $ August 2016 $ 596,631 $ 637,923 $ 589 ,976 $ Cash Flow $4,000,000 $3,000,000 $2,000,000 ... U:\My Oocu ments\Monthly Re port s\20 17 -2018\January 2018 · Financial Statements NCCMT 135,322 135,202 135 ,104 66,727 66,681 66,634 944 944 295,485 235,646 316,381 316,381 240,324 159,310 78,246 78,246 159,310 78 ,243 I I $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 2/21/2018 Total 3,617,122 3,689,077 3,622,059 1,951,310 1,889,720 1,557,421 1,651,635 1,887,184 2,090,052 2,070,004 2,548,889 2,816,296 2,586,547 2,753,988 1,529,324 1,309,800 2,235,752 1,902,774 10 030518a HC BOC Page 152 ~~ Harnett COUNTY NORTH (AROL!NA Category Fixed Cost Claims Funded Transfer to Capital Reserve Total Expenditures Source Departmental Charge Other revenues Fund Balance Appropriated Total Revenues Revenues over/ (under) expenditures HARNETT COUNTY FINANCIAL SUMMARY REPORT January, 2018 WORKER'S COMPENSATION FUND FYE 2018 FYE 2018 FYE 2016 FYE 2017 Adjusted Budget Activity $ 21,000 $ 198,426 $ 32,000 $ 173,653 1,243,316 2,743,792 1,093,000 520,000 455,537 455,537 $ 1,264,316 $ 2,942,218 $ 1,580,537 $ 1,149,190 FYE 2018 FYE 2018 FYE 2016 FYE 2017 Adjusted Budget Activity $ 1,711,483 $ 1,599,984 $ 975,000 $ 447,263 441,714 2,563,155 150,000 102,222 455,537 $ 2,153,197 $ 4,163,139 $ 1,580,537 $ 549,485 $ 888,881 $ 1,220,921 $ (599,705} U:\My Oocumen ts\Monthfy Reports\2017 · 2018\Janua ry 2018 -Flnancial Stat tments 2/21/2018 Total Same Period Percent Last Fiscal Year to Date 542.67% $ 14,000 47.58% 280,919 100.00% 72.71% $ 294,919 Total Same Period Percent Last Fiscal Year to Date 45 .87% $ 493,870 68.15% $ 100,025 34.77% $ 593,895 $ 298,976 11 030518a HC BOC Page 153 ~~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COl,JN!Y ~OR TH CARUltNA January, 20J8 WORKER'S COMPENSATION FUND Cash and Investments PNC NCCMT Total January 2018 $ 2,310,482 $ 1,211,772 $ 3,522,254 December 2017 $ 2,339,792 $ 1,211,772 $ 3,551,564 November 2017 $ 2,287,808 $ 1,211,772 $ 3,499,580 October 2017 $ 2,387,268 $ 1,211,772 $ 3,599,040 September 2017 $ 2,730,366 $ 1,211,772 $ 3,942,138 August 2017 $ 2,814,262 $ 1,211,772 $ 4,026,034 July 2017 $ 2,759,812 $ 1,211,772 $ 3,971,584 June 2017 $ 2,904,633 $ 1,211,772 $ 4,116,405 May 2017 $ 2,809,436 $ 1,211,772 $ 4,021,208 April 2017 $ 265,521 $ 1,211,772 $ 1,477,293 March 2017 $ 2,833,889 $ 1,211,772 $ 4,045,661 February 2017 $ 2,717,622 $ 1,211,772 $ 3,929,394 January 2017 $ 2,768,040 $ 1,211,772 $ 3,979,812 December 2016 $ 2,687,499 $ 1,211,772 $ 3,899,271 November 2016 $ 2,582,294 $ 1,211,772 $ 3,794,066 October 2016 $ 2,487,719 $ 1,211,772 $ 3,699,491 September 2016 $ 2,533,314 $ 1,211,772 $ 3,745,086 August 2016 $ 1,669,764 $ 1,211,772 $ 2,881,536 Cash Flow $5,000,000 $4,000,000 -.. -------=- $3,000,000 U:\My Documents\Monthly Reports\2017 -2018\Sanuary 2018. financial Statements 12 030518a HC BOC Page 154 ~~ Harnett COUNTY fliORTti (AROtl~A Liability as of July 1 Current year claims and changes in estimates Actual claim payments Liability as of end of month HARNETT COUNTY FINANCIAL SUMMARY REPORT January, 2018 WORKER'S COMPENSATION FUND $ 2,573,365 195,703 85,082 $ 2,683,986 Liability # of Claims this fiscal year U :\My Documents\Monthty Reports\2017 • 2018\lanuary 2018 -Finandal Statements 2/21/2018 36 13 030518a HC BOC Page 155 ~~ HARNETT COUNTY 2/21/201 8 Harnett FINANCIAL SUMMARY REPORT COUNTY t.Ol'(fH C.A~Otl.~). January, 2018 EMPLOYEE CLINIC FUND FYE 2018 FYE2018 Total Same Period Department FYE 2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Vear Employee Clinic $ 140,835 $ 150,473 $ 175,301 $ 92,433 52.73% $ 67,959 Total Expenditures $ 140,835 $ 150,473 $ 175,301 $ 92,433 52.73% $ 67,959 FYE2018 FYE 2018 Total Same Period Source FYE 2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Year Departmental Charge $ 242,612 $ 172,135 $ 175,301 $ 88,125 50.27% $ 73,080 Other revenues Fund Balance Appropriated Total Revenues $ 242,612 $ 172,135 $ 175,301 $ 88,125 50.27% $ 73,080 Revenues over/ {under) expenditures $ 101,777 $ 21,662 $ (4,308) $ 5,121 U:\My Doco me nts\Monthty Reports\2017 · 20 18\January 2018 · financia l Statements 14 030518a HC BOC Page 156 ~~ Harnett COUNTY \0/?1 11 O,IWL!NA Ja nua ry 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 $685,000 $680,000 $675,000 $670,000 $665,000 $660,000 $655,000 $650,000 HARNETT COUNTY FINANCIAL SUMMARY REPORT January, 2018 EMPLOYEE CLINIC FUND Cash and Investments PNC $ 632,311 $ $ 631,457 $ $ 639,213 $ $ 640,629 $ $ 640,059 $ $ 639,388 $ $ 627,671 $ $ 638,529 $ $ 643,317 $ $ 645,207 $ $ 642,930 $ $ 644,551 $ $ 641,202 $ $ 641,529 $ $ 644,850 $ $ 646,455 $ $ 647,665 $ $ 645,243 $ Cash Flow U:\My Documents\Monthty Reporu\201 7 -20 18\January 20 18 -Financial Statements 2/21/2018 NCCMT Total 29,241 $ 661,55 2 29,241 $ 660,698 29,241 $ 668,454 29,241 $ 669,870 29,241 $ 669,300 29,241 $ 668,629 29,241 $ 656,913 29,241 $ 667,771 29,241 $ 672,559 29,241 $ 674,448 29,241 $ 672,171 29,241 $ 673,792 29,241 $ 670,443 29,241 $ 670,770 29,241 $ 674,091 29,241 $ 675,697 29,241 $ 676,906 29,241 $ 674,484 15 030518a HC BOC Page 157 ~-~ Harnett COl,lNTY 1.o~rH (AJ.:(H!~,\ January December November October September August July June May April March February January 2018 2017 2017 2017 2017 2017 2017 2017 2017 2017 2017 2017 2017 250 200 150 100 so HARNETT COUNTY FINANCIAL SUMMARY REPORT January, 2018 EMPLOYEE CLINIC FUND Employee Clinic Utilization I # of Visits I 174 131 Health Prevention 135 153 133 # Flu shots 142 132 120 185 # Pneumonia shots 109 201 198 177 Patient Flow .::------· I I U:\My Oocuments\Monthty Reports\2017 · 2018Vanuary 2018 • Financial Statements 2/21/2018 16 030518a HC BOC Page 158 ~~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY hO "TH 0.ROlJ~A January, 2018 MEDICAL INSURANCE FUND FYE2018 FYE 2018 Total Same Period Category FYE 2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Year Paid Claims $ 6,818,253 $ 6,904,230 $ 7,150,000 $ 3,932,721 55.00% $ 3,307,326 Fixed Cost 634,709 704,945 882,000 445,647 50.53% 352,159 Wellness 8,355 2,919 10,000 3,584 35.84% 2,541 Total Expenditures $ 7,461,317 $ 7,612,094 $ 8,042,000 $ 4,381,952 54.49% $ 3,662,026 FYE 2018 FYE2018 Total Same Period Source FYE 2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Year Medical Premium Equivilents $ 7,892,453 $ 7,994,131 $ 8,000,000 $ 5,110,591 63.88% $ 3,608,386 Other revenues 26,178 19,851 42,000 5,353 12.75% 15,811 Total Revenues $ 7,918,631 $ 8,013,982 $ 8,042,000 $ 5,115,944 63.62% $ 3,624,197 Revenues over/ (under) expenditures $ 457,314 $ 401,888 $ 733,992 $ (37,829) U:\My Documents\Monthly Reports\2017 • 2018\January 2018 · Flnanc~l Statements 17 030518a HC BOC Page 159 ~~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY :;'l~HI CA\CIJN,, January, 2018 MEDICAL INSURANCE FUND Cash and Investments PNC NCCMT Total *Number of Months Avera e Mont hl Cost on Hand January 2018 $ 2,642,643 $ 543,297 $ 3,185,941 4.85 December 2017 $ 2,724,166 $ 543,297 $ 3,267,463 4.98 November 2017 $ 2,724,166 $ 543,297 $ 3,267,463 4 .98 October 2017 $ 2,503,575 $ 543,297 $ 3,046,872 4.64 September 2017 $ 2,511,895 $ 543,297 $ 3,055,192 4.65 August 2017 $ 2,336,726 $ 543,297 $ 2,880,023 4.39 July 2017 $ 2,199,920 $ 543,297 $ 2,743,218 4 .18 June 2017 $ 1,911,518 $ 543,297 $ 2,454,816 3.74 May 2017 $ 2,028,010 $ 543,297 $ 2,571,307 3.92 April 2017 $ 2,033,963 $ 543,297 $ 2,577,260 3.92 March 2017 $ 1,870,174 $ 543,297 $ 2,413,471 3.67 February 2017 $ 2,024,627 $ 543,297 $ 2,567,925 3.91 January 2017 $ 2,084,544 $ 543,297 $ 2,6 27,841 4 .00 December 2016 $ 2,014,553 $ 543,297 $ 2,557,850 3.89 November 2016 $ 1,952,986 $ 543,297 $ 2,496,283 3.80 October 2016 $ 1,869,553 $ 543,297 $ 2,412,851 3.67 September 2016 $ 1,877,798 $ 543,297 $ 2,421,096 3.69 August 2016 $ 1,125,368 $ 543,297 $ 1,668,665 2.54 • Based on running average (18 month, see below) cost of claims. Cash Flow $3,400,000 $3,200,000 - $3,000,000 $2,800,000 $2,600,000 $2,400,000 $2,200,000 .,..--,. I $2,000,000 ~~ ~ I ~ I ~" ~ ;, :.cf' ~ ..,,,, e; 0 :oe; ~I} e" ~e; 0~ e,~ ~~ Q ~o ,.~~ (:oil, I ,,e~ ~ ...... ~ .. ~ ~ ,_q ;s, ~,,,~ ~~ ~~ ~" <t.~ ~->' ..... U :\My Documents\Monthty Reports\2017 · 2018\January 2018 · Financlal Statements 18 030518a HC BOC Page 160 ~~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY Nnl H (il.ROllrt" January, 2018 MEDICAL INSURANCE FUND Medical Paid Claims Summary Employees& Total Loss Premium Pre-65 Membership Net Paid Claims Fixed Cost Ratio Equivalent Retirees January 2018 868 1,318 $ 496,888 .52 $ 62 ,435 .24 77.07% $ 725,712.40 December 2017 866 1,322 $ 764,148.08 $ 66,112 .11 113.77% $ 729,765 .50 November 2017 867 1,332 $ 761,805.97 $ 64,198.44 113.19% $ 729,765 .50 October 2017 863 1,324 $ 581,206.37 $ 62,181.09 87.65% $ 734,013 .78 .September 2017 862 1,315 $ 614,099.71 $ 65,346.44 92.95% $ 731,001.65 August 2017 861 1,316 $ 465,032.05 $ 62,291 .38 72.08% $ 731,553.84 July 2017 863 1,319 $ 565,579.25 $ 62,926.27 85.73% $ 733,143.41 June 2017 858 1,309 $ 707,456.46 $ 63,092.85 104.82% $ 735,091.65 May 2017 859 1,308 $ 585,092.44 $ 59,071.95 99.37% $ 648,269 .01 April 2017 850 1,288 $ 426,323.43 $ 60,687.61 74.69% $ 652,008.78 March 2017 847 1,280 $ 700,824.81 $ 62,056 .67 120.25% $ 634,433.13 February 2017 838 1,270 $ 697,396.28 $ 38,867 .77 116.07% $ 634,310.54 January 2017 843 1,275 $ 451,584.71 $ 46,679 .99 79.47% $ 626,993.27 December 2016 843 1,271 $ 562,043.76 $ 50,371.79 96.89% $ 632,074.10 November 2016 841 1,265 $ 450,496.19 $ 58,245.17 80.80% $ 629,611.56 October 2016 835 1,253 $ 475,315.79 $ 93,186.53 90.35% $ 629,233.60 September 2016 830 1,242 $ 949,451.70 $ 58,166 .03 161.13% $ 625,355.69 August 2016 827 1,238 $ 472,478.84 $ 58,462.25 85.98% $ 617,534.95 Year to Date $10,727,224.36 $ 1,094,379.58 $12,179,872.36 (membership= avg) 851 1,291 97.06% Medical Plan Loss Ratio 175% 150% 125% 100% 75% U:\My Oocuments\Month¥ Re po ru\2017 · 2018\lanuary 2018 • Fina ncia l Statements 19 030518a HC BOC Page 161 ~~ HARNETT COUNTY 2/21/20 1 8 Harnett FINANCIAL SUMMARY REPORT COUNTY WO~TH CA.11:CLINA January, 2018 DENTAL INSURANCE FUND FYE2018 FYE 2018 Total Same Period Category FYE 2016 FYE 2017 Adjusted Budget Activity Percent Last Fiscal Vear to Date Paid Claims $ 295,849 $ 378,215 $ 325,000 $ 226,778 69.78% $ 187,872 Fixed Cost 36,698 37,022 50,000 23,511 47.02% 18,135 Total Expenditures $ 332,547 $ 415,237 $ 375,000 $ 250,289 66.74% $ 206,007 FVE2018 FYE 2018 Total Same Period Source FYE2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Vear Dental Premium Equivilents $ 369,211 $ 490,944 $ 375,000 $ 276,592 73.76% $ 226,154 Other revenues Total Revenues $ 369,211 $ 490,944 $ 375,000 $ 276,592 73 .76% $ 226,154 Revenues over/ (under) expenditures $ 36,664 $ 75,707 $ 26,303 $ 20,147 U:\My Oocu ment s\Monthtv Rtpons\2017 -2018\January 2018 -Financial Statements 20 030518a HC BOC Page 162 ~~ Harnett COUNTY t-.O~Tti CAROL!'IIA January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ HARNETT COUNTY FINANCIAL SUMMARY REPORT January, 2018 DENTAL INSURANCE FUND Cash and Investments PNC NCCMT 342,004 $ $ 338,261 $ $ 322,359 $ $ 312,464 $ $ 318,326 $ $ 331,188 $ $ 325,009 $ $ 315,701 $ $ 311,609 $ $ 313,273 $ $ 294,393 $ $ 296,096 $ $ 290,366 $ $ 290,231 $ $ 280,718 $ $ 278,083 $ $ 283 ,750 $ $ 269,750 $ $ * Based on running average (18 m o nth, see below) cost of claim s. Cash Flow $350,000 $325,000 ·----$300,000 $275,000 $250,000 i" ,,,~ ~ ~~ ~ ~ ~ ~ .... 'II r.,<li ~ »!;-(f ;.<Ii 0~ ~ .... ~" ~o .,_e .,_»4o ~q, Total 342,004 338,261 322,359 312,464 318,326 331,188 325,009 315,701 311,609 313,273 294,393 296,096 290,366 290,231 280,718 278,083 283,750 269,750 ~~" <,'-q ..,-s -~ ,l ~ ~~ ~~ ~ 1,ceY> U:\My Documents\Monthlv Reports\201 7. 2018\January 2018 . Financial St atements 2/21/2018 •Number of Months Avera e Month Cost on Hand 9.84 9 .73 9.28 8.99 9.16 9.53 9.35 9.09 8.97 9.02 8.47 8.52 8.36 8.35 8.08 8.00 8.17 7.76 1 I I I ~~ i~ .... 'II 21 030518a HC BOC Page 163 ~~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COUN T Y ~.OIU;t lA RCll~A January, 2018 DENTAL INSURANCE FUND Dental Paid Claims Summary Total Total Net Paid Fixed Cost Loss Premium Employees Membership Claims Ratio Equivalent I January 2018 902 1,454 $ 22,587.20 $ 3,963.59 68 .12% $ 38,975.72 December 2017 902 1,456 $ 23,656.70 $ 3,950.48 70.85% $ 38,963.56 November 2017 902 1,456 $ 23,656.70 $ 3,950.48 70.85% $ 38,963 .56 October 2017 898 1,458 $ 31,749.70 $ 3,937.37 90.76% $ 39,318 .72 September 2017 897 1,452 $ 40,606.95 $ 3,911.15 113.17% $ 39,336 .03 August 2017 892 1,443 $ 42,338.35 $ 3,902.41 113.76% $ 40,647 .93 July 2017 890 1,443 $ 37,352.60 $ 3,893.67 101.81% $ 40,511.14 June 2017 878 1,401 $ 31,838.61 $ 3,815 .01 86.37% $ 41,280.65 May 2017 877 1,401 $ 29,071.76 $ 3,828.12 84.48% $ 38,943.34 April 2017 867 1,386 $ 30,843.30 $ 3,797.53 84.96% $ 40,772 .75 March 2017 866 1,382 $ 37,039.68 $ 3,810.64 117.25% $ 34,840.92 February 2017 853 1,366 $ 29,052.10 $ 3,731.98 89.50% $ 36,632.24 January 2017 852 1,363 $ 24,691.39 $ 3,701.39 74.34% $ 38,194 .96 December 2016 849 1,352 $ 30,584.03 $ 3,683.91 90.36% $ 37,925 .31 November 2016 847 1,350 $ 27,494.20 $ 3,749.46 82.49% $ 37,877.15 October 2016 838 1,341 $ 20,172 .90 $ 3,412.97 62 .44% $ 37,772 .52 September 2016 812 1,312 $ 38,929.95 $ 3,600.88 113.34% $ 37,526.11 August 2016 813 1,323 $ 35,594.7 0 $ 3,570.29 104.91% $ 37,330.66 Year to Date $ (membership = avg) 869 1,397 557,260.82 $ 68,211 .33 89.89% $ 695,813.27 Dental Plan Loss Ratio 125% 100% 75% ~- 50% ~ ~ »'Ii '.Of/i !l,\ ..o'° t-,,,,(lo ,.,e~ e~ ~ <:f ~o~ {;-0 ~ ~ \~ ~e 0 .._e ~~ ~,,,~ -~ c.,"(l ,~ ,l ;s, ~~ !I>~ !I>~ !,."~ (f.~ ~~ ,,,, U:\My Oocument.s\Mont hly Reports\2017 -2018\Januuy 20 18 -Financial Statement s 22 030518a HC BOC Page 164 ~~ HARNETT COUNTY 2/21/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY ,oarH CAROLIN .\ January, 2018 BOARD OF EDUCATION FYE2018 FYE 2018 Total Same Period Fund Group FYE 2016 FYE 2017 Adjusted Budget Activity Percent Last Fiscal Year to Date State Fund Expenditures $ 115,268,881 $ 120,677,046 $ 126,060,700 $ 68,510,038 54.35% $ 55,146,908 Revenues $ 115,268,881 $ 120,677,046 $ 126,060,700 $ 68,518,340 54.35% $ 55,151,764 $ 8,302 $ 4,856 Local Current Expense Fund Expenditures 22,838,609 22,952,031 27,404,111 13,194,299 48.15% $ 12,079,963 Revenues 21,557,719 22,897,852 27,404,111 14,433,819 52.67% $ 11,829,040 $ (1,280,890) $ (54,179} $ $ 1,239,521 $ (250,923) Federal Grant Fund Expenditures 11,365,474 12,038,613 13,788,206 5,830,914 42.29% $ 5,236,197 Revenues 11,365,474 12,038,613 13,788,206 5,835,752 42 .32% $ 5,236,227 $ 4,837 $ 30 Capital Outlay Fund Expenditures 3,165,403 3,423,972 1,411,640 26,178 1.85% $ Revenues 2,844,295 3,534,301 1,411,640 284 0 .02% $ 213 $ (321,108} $ 110,329 $ (25,894) $ 213 Child Nutrition Fund Expenditures 10,013,377 10,201,124 11,365,310 5,135,604 45.19% $ 4,158,234 Revenues 10,608,154 10,538,806 11,365,310 4,581,980 40.32% $ 3,748,765 $ 594,777 $ 337,683 $ $ (553,624} $ (409,469) Dunn District Fund Expenditures 304,258 269,520 282,502 95,287 33.73% $ 160,552 Revenues 299,648 307,645 282,502 168,391 59.61% $ 102,365 $ (4,609) $ 38,125 $ 73,104 $ (58,187) Local Restricted Fund Expenditures 4,720,189 6,661,462 8,109,701 2,845,165 35.08% $' 3,436,964 Revenues 5,253,011 6,540,994 8,109,701 2,582,540 31.85% $ 2,351,258 $ 532,822 $ (120,468) $ (262,624) $ (1 ,085,706) Total All Funds Expenditures 167,676,190 176,223,768 188,422,169 95,637,486 50.76% 80,218,817 Revenues 167,197,181 176,535,258 188,422,169 96,121,107 51.01% 78,419,632 $ (479,009} $ 311,490 $ $ 483,621 s (1,799,185} • latest available numbers from the Board of Education's web site . U:\My Documen ts\Monthly Reports\2017. 2018\tanuary 2018 • Financial Statements 23 030518a HC BOC Page 165 ~~ Harnett COUNTY t,0~•,1 (Ai:Ot!N,\ HARNETT COUNTY FINANCIAL SUMMARY REPORT January, 2018 BOARD OF EDUCATION Estimated Fund Balance 2/21/2018 In the governmental fund financial statements, fund balance is composed of five classifications designed to disclose the hierarchy of constraints placed on how fund balance can be spent. They are as follows: Non-Spendable Fund Balance - Restricted Fund Balance - Committed Fund Balance - Assigned Fund Balance - Unassigned Fund Balance - Non Spendable Restricted Committed Assigned Unassigned Total General Fund General Fund Expenditures Unassigned Fund Balance as a % of Expenditures This classification includes amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact. The classification includes amount that are restricted to specific purposes externally imposed by creditors or imposed by law. This classification represents the portion of fund balance that can only be used for specific purposes imposed by majority vote by a quorum of the County Commissioners, that can by adoption of an ordinance, commit fund balance. That portion of fund balance that the County intends to use for specific purposes. The County Commissioners have the authority to assign fund balances. This classification represents the portion of fund balance that has not been assigned to another fund or is not restricted, committed, or assigned to specific purposes within the general fund. 2013 2014 2015 2016 2017 $ 1,417,080 $ 2,130,098 $ 1,849,351 $ 1,796,064 $ 1,762,157 $ 2,813 $ 67,971 $ 21,420 $ 25,507 $ 31,744 $ $ $ $ $ $ 4,004,023 $ 3,508,927 $ 5,466,811 $ 3,845,000 $ 3,750,000 $ 5,426,606 $ 3,000,000 $ 2,889,118 $ 3,274,629 $ 3,425,107 $ 10,850,522 $ 8,706,996 $ 10,226,700 $ 8,941,200 $ 8,969,008 $ 20,262,634 $ 22,848,788 $ 20,369,083 $ 23,089,579 $ 23,143,782 26.78% 13.13% 14.18% 14.18% 14.80% U:\Mv Oocuments\Monthly Repons\2017 . 2018Vanuary 2018 . Financial St atements 24 030518a HC BOC Page 166 ~~ Harne tt COUNTY NOIPtl (AR OlJ'i A 21.00"A. 11.00% 1.00% 2013 Month 1 Month 1 Revd Month 2 M o nth 3 Month 4 Month S Month 6 Month 7 Month 8 Month 9 Fi nal HARNE TT COUNTY FINANCIAL SUMMARY REPORT January, 2018 BOARD OF EDUCATION Fund Balance % 2014 2015 2016 Public School Membership ADM* MLO** ADM Change 20,390 20 ,515 20,372 20,460 (18) 20,463 20 ,481 91 20,420 20,49 7 (43) • ADM = Ave rage Daily Membership i s an average over across a school m on t h •• MLD + Membership Last Day is for the las t day of the school month U:\My Oocuments\Monthty Reports\2017 · 20 18\lanuary 2018 · Fin.incia l Sta tements 2/21 /2018 2017 MLDChange (55) Fiscal Year 2017-2018 21 Initial Allotment 16 20,979 25 030518a HC BOC Page 167 ~~ Harnett CO U NTY "-ORTM CARClJ"A 21,000 20,500 20,000 19,500 HARNETT COUNTY FINANCIAL SUMMARY REPORT January, 2018 BOARD OF EDUCATION Harnett County School Membership U:\My Documents\Monthty Re ports\2017 ~ 2018\Janua ry 2018 -Financtal Statements 2/21/2018 ADM MLD 26 030518a HC BOC Page 168 Ag e n d a Item q (D HA R N E T I CO U N T Y SA L E S TA X AN A L Y S I S BY AR T I C L E 1 . Cu J " ~ e n t ye a r ac t i v i t y ; C it y H o ld S c h oo l Hold Ge n e r a l Fu n d B o ar d of Ed u c a t i o n Ha n n l e ss Hannl ess F is c a l Ye ar 20 1 8 Ar t i c l e 3 9 Ar t i c l e 40 Ar t l cl e 4 2 Ar t l c l e 44 Ar t i c l e 4 4 • 5 24 Ar t i c l e 4 6 Ar t i c l e 3 9 Art ic l e 3 9 S p ecia l D is trict s T o t a l Distrib uti on Ju l y , 20 1 7 s 52 7 ,2 33 .64 $ 16 1 ,06 9 . 44 $ 32 2 , 1 38 . 8 9 s 4 ,0 14 .56 ! $ 34 3 ,82 6 .29 $ 14 3 .81 7 . 1 3 $ (97 ,99 2 . 8 8 ) $ (172 ,089 .32 ) $ 100,187 .30 $ 1,969 ,927.45 Au g u s t , 20 1 7 s 66 8 .4 35 .36 $ $ $ 16 0 , 2 3 9 . 1 5 $ 32 0 ,4 7 8 . 3 1 s 78 .72 $ 34 3 ,82 6 . 2 9 $ 19 3 , 1 10 . 3 4 $ (91 ,95 7 . 0 0 ) $ (130 ,593 .88 ) s 1 22,764 .51 s 2,241,8 7 1 .44 Se p t e m b e r , 20 1 7 $ 7 06 .94 3 .3 2 s $ $ 16 1 , 7 5 6 . 2 0 $ 32 3 ,5 1 2. 3 9 s (7 .49 ) $ 34 3 , 8 2 6 . 2 9 $ 20 2 .05 9 . n $ (92 , 2 9 5 .63 ) s (126 ,571.95 ) $ 1 30 ,994 .08 $ 2 ,337,43 7 .74 Oc t o b e r . 20 1 7 $ 55 0 , 1 98 . 8 7 s s $ 14 9 .9 4 9 . 8 8 $ 29 9 ,89 9 . 7 6 s 6 2 .38 $ 34 3 , 8 2 6 . 2 9 $ 15 5 , 2 1 0 . 7 5 $ (89 , 2 1 6 . 9 7 ) $ (1 43,401.50 ) $ 102 ,398 .89 $ 1 ,970 ,0 1 6.48 No v e m b e r . 20 1 7 $ 68 2 ,16 6 .26 $ $ $ 17 1 ,10 9 .50 $ 34 2 ,2 1 9 .01 s 3 9 .06 s 34 3 ,89 5 .3 1 s 19 4 ,37 2 .15 $ (99 . 2 0 7 .99 ) $ (147 ,059 .80 ) $ 125 ,363 .1 3 $ 2,301 ,726 .58 De c e m b e r , 20 1 7 $ $ $ $ $ $ $ $ $ $ $ $ Ja n u a r y , 20 1 8 s s s $ $ $ $ $ $ $ $ $ Fe b r u a r y , 20 1 8 s s s $ $ s $ $ $ $ $ $ Ma r c h . 20 1 8 s s s $ s s $ $ $ s $ $ Ap r i l . 20 1 8 s I I i s $ $ s I $ $ $ $ $ $ Ma y , 20 1 8 $ s $ $ s $ $ $ s $ s Ju n e , 20 1 8 s s $ $ s $ $ $ $ $ $ I 5 ,n i .11 1 .:u I Ui i U " l ' I I .JI I 11 1 ,l l i i .H j s 8 R , m .u s Ui i i , m . 5 1 ! I :f ; U ' l ' .D i s U 1 U i i U 1 s m .m .u s l 4 ' 0, 6 7 0 . :.J 1j s 1m.,n .:.is 1 s &i1 ,1ii1 .§1 Ye a r ov e r Y e a r C h a ng e 17 .0 2% 5 .7 2 % 13 . 3 0% 6 .04 •/ . 6 .04 '. 4 89 8. 7 0 % 7. 11 '/ , 18 . 2 9 ~. 5. 4 0% -4 .62 '4 1 5.1 6 '/, 12 .17 '4 2. C o m p a r i s o n to p r i o r y e a r : C i ty Ho l d Sc h oo l Hold B o ar d o f Ed u c at i o n Ha n n le s s Hann less F is c a l Y ea r 20 1 7 Ar t i c le 39 Ar t i c l e 40 Ar t l c l e 4 2 A rl l c le 44 Ar t l cl e 44 ' 52 4 Ar t l c l e 46 Ar t l c l e 3 9 Art i cle 39 se ec l al Di s tri c t s T ot al D lst rf but l o n Ju l y , 20 1 6 s 34 2 .54 7 .33 ) $ 1 44 ,26 6 . 6 0 $ 28 8 .53 3 ,20 $ 32 1 ,02 6 .87 $ 84 .91 2 .72 $ (9 1 .10 2 . 9 3 ) $ (189,556 .62 ) $ 68,261.28 $ 1,5 1 6 ,539 .84 Au g u s t . 20 1 6 s s s $ 1 5 7 ,7 25 .2 0 $ 3 1 5, 4 5 0 .3 9 s 22 2 .44 $ 32 1 .0 2 6 .87 $ 1 38 , 2 4 4 . 6 7 $ (94 ,61 9 .99 ) $ (171,491.32 ) $ 94 ,507.77 $ 1 ,870 ,862 .57 49 9 .00 4 .0 2 Se p t e m b e r . 20 1 6 s 63 1 ,86 6 .1 5 s s s 1 4 9, 8 4 8 . 8 5 $ 29 9 ,69 7 . 6 9 s $ 32 1 . 0 2 6 . 8 7 $ 18 0 ,96 8 . 2 0 $ (84 ,71 9 .28 ) $ (122,236 .57 ) $ 117,252 .06 $ 2 ,1 1 5 ,796.13 Oc t o b e r . 20 1 6 s 5 75 ,7 14 .83 $ s $ 1 4 6, 9 6 0 . 7 1 $ 2 9 3 .9 21 . 4 3 s 1 .00 $ 32 1 .02 6 . 8 7 $ 16 7 .42 9 .35 $ (84 . 7 9 9 . 6 5 ) s (13 1 ,785 .11 ) $ 108,128 .48 $ 2,003,000 .0 0 No v e m b e r . 20 1 6 s 6 29 .95 2 .15 s s $ 15 9 ,53 2 . 5 5 s 31 9 .06 5 . 1 1 s 60 .38 $ 32 0 ,93 0 . 2 3 $ 1 79 ,62 5 .92 s (91 ,30 6 . 1 6 ) $ (139,541 .42 ) $ 116,975.74 $ 2,1 4 0,664 .53 De c e m b e r . 20 1 6 s 18 3 , 1 7 3 . 3 8 s 36 6 34 6 75 $ 32 0 , 9 3 0 . 2 3 s 20 6 .81 7 . 6 1 s 10 A 22 4 69 ! s 158 7 4r, 37· $ 134,402.58 $ 2411818 .83 Ja n u a r y , 20 1 7 I $ 12 7 , 0 9 9 . 2 2 $ 25 4 1 9 8 . 4 5 $ 32 0 .93 0 . 2 3 $ 16 2 .12 7 . 9 0 s ' 3 52 8 68 , s •1 12.8~6 .,1 s 96 ,730 .35 s 1 .824.839 86 Fe b r u a r y , 20 1 7 I $ 13 8 , 5 9 1 38 $ 27 7 1 8 2 . 7 6 s 32 0 .93 0 .23 $ 17 5 , 7 1 1 . 7 8 s 7 7 0 1 1. 0 3 ) s 1 00 904 oo, $ 116 ,800.24 s 2.072 .184 28 Ma r c h . 20 1 7 $ 17 0 32 0 . 4 6 $ 34 0 , 6 4 0 . 9 1 s 32 0 .93 0 . 2 3 s 21 3 . 3 6 2 . 7 3 s 94 95 5 46 1 s 1 30 .879 991 s 137 ,61220 $ 2411,674 47 Ap r i l , 20 1 7 $ 15 9 53 6 . 5 2 s 31 9 , 0 7 3 .05 s 32 0 , 9 3 0 . 2 3 $ 18 6 ,06 0 . 4 1 s '8 9 .5 1 0. 3 3 1 s 1 25 665 59, $ 128 ,229.31 $ 2.258,853.60 Ma y , 20 1 7 s 15 1 33 3 , 5 7 $ 30 2 , 6 6 7 . 1 3 $ 32 0 , 3 2 2 . 2 9 $ 1 8 1 ,8 6 3 . 0 8 s 18 6 98 4 . 5 9 , 5 123 507 661 $ 115,252.n s 2.100 .587.94 Ju n e , 20 1 7 s 17 2 . 8 2 5 . 4 9 s 34 5 6 5 0 . 9 8 $ 34 3 , 8 2 6 . 2 9 s 17 7 ,08 9 8 3 s 10 2 40 7 54 , s 165 .64967' s 116,478.30 s 2195,964 23 I U t i ,OM . 4 1 1 I 2: U l ,l ' f t f l I 1 0 .11 1 .n I m ,m .91 I 1, 5 1 6 ,66 7 . i ~ 1 1 im r , , I 1 ,i i i g ,0 3 7 } 1 s 7 h ,'l i o .a6 s (44 6 ,5 4 8 .0 1 ) $ (7 54 ,611 .0 4 ) s 506 , 126 .33 3 . R e c on c l l l a t l o n t o ge n e r a l le d g e r : A ct i vi t y Ov e r /{ Un d e r ) Ov e r / ( U n d e r ) An n u a l i z e d Bu d g e t An n u a l i z e d Ba l a n c e to HT E Ac t i v i t y Bu d g e t Bu d g e t (5 mo n t h s ) Bu d g e t 11 0 - 0 0 0 0 - 3 1 3 . 3 0 - 0 1 $ 3 ,13 4 ,97 7 . 4 5 s 7 ,57 6 , 0 2 4 $ (4 .4 41 .04 6 . 5 5 ) $ 3, 1 5 6 ,67 7 $ {2 1 ,69 9 . 2 2 ) A rt i cl e 3 9 11 0 - 0 0 0 0 - 3 1 3 . 3 0 - 0 2 $ 2 ,30 3 ,77 0 .36 $ 5 .81 1 ,32 1 s (3 ,50 7 .55 0 .64 ) s 2, 4 2 1 .38 4 $ (1 1 7 ,61 3. 39 ) A rt i cl e 4 0 Ge n e r a l F un d 11 0 - 0 0 0 0 - 3 1 3 .30 - 0 3 $ 80 4 , 12 4 .18 $ 1 .97 1 ,60 4 $ (1 ,16 7 ,4 79 .82 ) $ 82 1 ,50 2 $ (17 , 37 7 .49 ) Ar t i c l e 40 Ed u c a t i o n 11 0 - 0 0 0 0 - 3 1 3 .30 - 0 4 s 96 6 ,58 0 . 5 2 $ 2. 4 1 5 .84 2 $ (1 . 4 4 9 . 2 6 1 . 4 8 ) $ 1, 0 0 6 .60 1 $ (40 , 02 0 . 31 ) Ar t i cl e 42 Ge n e r a l F un d 11 0 - 0 0 0 0 - 3 1 3 .30 - 0 5 $ 1 ,60 8 ,24 8 .36 $ 3 ,9 4 3, 2 0 7 $ (2 .33 4 ,95 8 .64 ) $ 1, 6 4 3 ,00 3 $ (34 ,75 4 .56 ) A rt i cl e 42 Ed u c a t i o n 11 0 - 0 0 0 0 - 3 1 3 . 30 - 0 6 $ 4 ,18 7 . 2 3 s $ 4, 1 87 .23 $ $ 4 , 18 7 .23 Ar t i c l e 4 4 11 0 - 0 0 0 0 - 3 1 3 . 3 0 - 0 7 s {4 70 ,67 0 . 4 7 ) $ (8 1 2 ,74 8 ) S 34 2 ,07 7 . 5 3 s (3 3 8 ,64 5 ) $ (1 3 2 ,02 5 .47 ) Ar t i c l e 39 C i ty Ho l d Ha r m l e s s 11 0 - 0 0 0 0 - 3 1 3 . 3 0 - 0 8 $ (7 1 9 , 7 1 6 .45 ) $ (1 . 2 5 0 , 0 0 0 ) $ 53 0 ,28 3 . 5 5 $ (5 2 0 , 8 3 3 ) $ !1 9 8, 88 3 , 12 ! Ar t i cl e 39 Sc h o o l Ho l d Ha r m l e s s s 7 ,63 1 ,50 1 .18 s 19 , 6 5 5 . 2 5 0 S (1 2 ,02 3 , 7 4 8 . 8 2 ) $ 8, 1 89 . 6 8 8 s (5 5 8, 18 6 . 3 2 ! 24 2 - 0 0 0 0 - 3 1 3 .30 - 0 0 $ 58 1 ,70 7 .91 $ 1, 3 7 7 ,36 2 $ (7 9 5 , 6 5 4 . 0 9 ! $ 57 3 , 9 0 1 s 7 ,80 7 .08 Sp e c i a l Di s t ri ct s 22 6 - 0 0 0 0 - 3 1 3 .30 - 1 0 $ 1 ,71 9 ,20 0 . 4 7 $ 3, 8 0 0 , 0 0 0 $ (2 ,08 0 . 79 9 .53 ! $ 1 ,58 3 . 3 3 3 i 1 3 5 ,86 7 .14 Ar t i c l e 44 •52 4 Sa l e s Ta x 22 5 - 0 0 0 0 - 3 1 3 . 3 0 - 1 0 $ 88 8 , 5 7 0 . 1 4 _ $ 2, 5 2 9 , 9 6 8 $ (1 , 6 4 1 ,39 7 . 8 6 ! $ 1, 0 5 4 ,15 3 $ !1 6 5 , 5 8 3. 19 ! Ar t i c l e 46 Sa l e s T ax U :\M y Do c u m e n t s \ M o n t h t y Re p o r t s \ 2 0 1 7 · 20 1 8 \ Sa l e s Ta x \ S a l e s fa ) ( 20 1 8 030518a HC BOC Page 169 Harnett County Schools Financials January 31, 2018 Agenda Item ___ C,----'--@_:.3 __ _ >. :,,-;; , ,1~·w~·J~,: .. , 1_;1.l!~\lf'i't'! //·: .:-... :;.·. ·· \')::,.; i-KY>:0 1;:·,~ '? .:.-;: , : ?'\'·'.:'.i ·, ·~=: ·;_,r,.-,,.,,~ii~rJ!it '·. ),\ :p.'+Wif.f#-0\;;f:\ ;~ iM;t,l ';;.';/;, ·:<~:i,i}.?,' i-<.\C9~ili~\/ i,;1,?.:)~~\,fr;.i<t;y,,\f\1~t:t~'mJ*1fi;: ,;!;ii~; t·,,}r-!frl,tJj W1i'-il-.ti !ii< k\~;tf.41~1,~(lfi:f..1~,~~i f.;: iijf, · .. ,.. •r• ,;--.'• .. ~I•'•.•·~•'•._, ..• • ··i .o,·,,,1 l;)~ •,-,.~.-.;;: .• ""°l·4 ••-·d'i .,, •. ,,;•:•:.~",'!•'"·.\:• l;...:_~t-. •,ft~•,,.·., '.;: "J •,.,-r. , ',•; :-1 ~ •. '"• -~l .':,,--t .c ••. •I."' 1 E 51XX Regular Instructions Services $75,440,849.54 $40,255,671.28 $35, 185.178.26 52XX Special Populations Services $13, 190.806.08 $7,604,892 .26 $5.585,913.82 53XX Allernat1ve Programs and Services $4 .021,581 .51 S2, 147.048.66 $1 ,874,532.85 54XX School Leadersh ip Services $8,341,969 .50 $4,869,306 .00 $3,472,663.50 58XX School-Based Support Services $9.932,005 .39 $5,257,415 .47 $4,674,589 .92 61XX Support and Development Services $627,867.00 $324,512.56 $303,354.44 62XX Special Population Support and Development Services $676,738.00 $330,846.10 $345,891 .90 63XX Alternative Programs and Services Support and Develop $26,207.00 $13,093.44 $13,113.56 64XX Technology Support Services $1 ,337,451.00 $610,058.50 $727,392.50 6SXX Operational Support Services $10.037 ,745.00 $5,700,355 .55 $4,337,389.45 66XX Financial and Human Resource Services $1 ,348,088.00 $779,270 85 $568,817.15 67XX Accountability Services $135 ,900.00 $72,732.82 $63,167.18 68XX System-Wide Pupil Support Services $59 ,303.00 $33,791 .05 $25,511.95 69XX Policy, Leadership and Public Relations Services $834,189.00 $478.227.34 $355,961.66 72XX Nutrition Services $50,000 .00 $32,816.52 $17,183.48 E Total $128,060.700.02 $68,510,038.40 $57,550,661 .62 R 31XX Sta te Public School Fund Revenue ($ t 24.450,354.22) ($68 ,518,340 39) ($55 ,932,013 63) 32XX Olher State Allocations for Current Operations ($1 ,610,345.80) $0 .00 ($1 ,610,345.80) R Total ($128,060,700.02) ($68,518 ,3 40.39) ($57,542,369.6 3) 1 Total $0.00 {$8,301.99) $8,301.99 2 E 51XX Regular Instructions Services $5,683,21 4.60 $3 .138,466.20 $2.544,748.40 52XX Special Populations Services $1 ,147,053.00 $731,971.05 $415,081 .95 53XX Alternative Programs and Services $363,228.00 $224,700.65 $138,527.35 54XX School Leadership Services $1,238,964.00 $604,303.99 $634,660.01 ssxx Co-Curricular Services $887,624.00 $394,778.72 $492.845 28 58XX Sehool-Based Support Services $533.897 .00 $338,863.49 $195,033 51 61XX Support and Development Services $858,495.00 $320,115 .14 $538,379 86 62XX Special Population Support and Developmenl Services $187,783.00 $1 13,691.47 $74,091 .53 63XX Alternative Programs anel Services Support and Oevelopr $9 ,002.00 $5,845.94 $3,156 .06 64XX Technology Support Services $109,134 .00 $66.452.11 $42,681.89 65XX Opera tional Support Services $12 ,95 1,463 .00 $6,047,637.78 $6,903,825.22 6SXX Financial anel Human Resource Services $1 ,287,416 .00 $394,755 .30 $892,660.70 67XX Accountability Services $135,315 .00 $67,289.03 $68,025 .97 S8XX System-Wide Pupil Support Services $202,726 .00 $97,796.78 $104,929.22 69XX Policy, Leadership and Pubhc Relations Services $1 ,052,932.00 $302,192 .45 $750,7 39.55 71XX Commvnity Services $182,1 83 .00 $79,722.78 $102,460 22 72XX Nutrition Services $123.681 .00 $5,991 .08 $11 7 ,689.92 81XX Payments to Oth er Governmental Units $450,000.00 $259,724.94 $190,275.06 E Total $27,404,110.60 $13,194,298.90 $14,209,811 .70 R 41XX Local Sources General ($23,394,110.60) ($14,244.150.24) ($9,149,960.36) 44XX Local Sources . Unrestricted ($260,000.00) ($189,669.16) ($70,330.84) 49XX Special Rev enue Services ($3,750.000.00} $0.00 ($3, 750.000.00) RTotal ($27,404,110.60) ($14,433,819.40) ($12,970,291 .20) 2 Total $0.00 ($1,239,520.60) $1,239,620.60 3 E 51XX Regu1a1 In stru ctions Serv ices $980,078.0~ $355,842.15 $624,235.90 030518a HC BOC Page 170 52XX Special Populations Services $3,810,576.99 $1,862,715.65 $1 ,947,861 .34 53XX Alternative Programs and Services $6,381 ,017.41 $2,950,58 1.87 $3,430,435.54 54XX School Leadership Services $6 ,000 00 $525.87 $5,474 .13 SBXX School-Based Support Services $368,248 11 $141,980 .08 $226,268.03 61XX Supj)0/1 and Development Services $362,963.69 $320,305.41 $42,658.28 62 XX Special Population Support and Development Services $0.00 $0.00 $0 .00 63 XX Alternative Programs and Services Support and Developr $271,999.76 $144 ,21 1.02 $127,788.74 65XX Operational Suppor1 Services $8,004 .17 $906.84 $7,097 33 66XX Financial and Human Resource Services $99,624.73 $53,845.59 $45,779.14 81XX Payments to Other Governmental Units $350,159.51 $0.00 $350,159.51 82XX Unbudgeted Funds $1 .1 49,533.09 $0.00 $1 ,149,533.09 ETotal $13,788,205 .51 $5,830 ,914.48 $7,957,291 .03 R 36XX Revenues from Federal Sources • Restricted Grants (Rec ($13,788,205.5 1) ($5,835,751.64) ($7,952,453.87) R Total ($13,788,205.51) ($5,835,751.64) ($7,952,453.87) 3 Total ($0.00) ($4,837.16) $4,837.16 4 E 58X X School-Based Support Services $50,874 .00 $0 00 $50,874.00 65XX Operational Support Services $683 ,398 .00 $0 .00 $683,398.00 90XX Cap ital Outlay $677,368.00 $26.178.12 $651, 189.88 ETotal $1,411,640.00 $26,178.1 2 $1,385,461.88 R 41XX Local Sources General ($1,253.114.00) $0.00 ($1,253,114.00) 44XX Local Sources -Unrestricted SO.OD ($283 72) $283.72 49XX Special Revenue Services ($158.526 00) $0.00 ($158,526.00) RTotal ($1,411,640.00) ($283.72) ($1,411,356.28) 4 Total $0.00 $26,894.40 ($26,894.40) s E 72XX Nutrition Services $10,765,310.00 $5,135,604 34 $5,629.705.66 81XX Payments to Other Governmental Units $600,000.00 so .co $600,000.00 E Total $11,365,310.00 $5,135,604.3 4 $6 ,229,705.66 R 3BXX Other Revenues from Federa l Sources • Restricted Grant ($8,291,1 10 .00) ($3,592,726.57) ($4,698,383.43) 43XX Local Sources . Revenues ($2,499,600 .00} ($966,964.60) ($1,532,635.40) 44 XX Local Sources • Unrestricted ($26,700.00) ($22 .289 31) ($4,410.69) 48XX Local Sources • Reslncted ($2,900 00) $000 ($2.900.00) 49 XX Special Reve nue Services ($545.000.00) $000 ($545.000 00) RTotal ($11,365,310.00) ($4 ,581,980.48) (S6, 783,329.52) 5Total ·$0.00 $563,623 .86 ($653,623.86) 7 E 51 XX Regular Instructions Services $219,542.00 $58,891 .27 $160,650.73 53XX Alternative Programs and Services $25,132.00 $19,486.48 $5,645.52 54X X School Leadership Services $7,500.00 $570.19 $6,929.81 ssxx Co-Curricular· Services $28.127.50 $15,219.76 $12,907 74 65XX Operational Support Services $2,000.00 $1 ,096.45 $903.55 69XX Policy, Leadership and Public Relations Services $200.00 $23.00 $177.0D E Total $282,501 .50 $95 ,287.16 $187,214.35 R 41XX Local Sources General ($282,301.50) ($167 ,715.58) ($114 ,585.92) 44XX Local Sources • Unrestric1ed ($200.00) ($67578) $475.78 RTotal ($282,501.50) ($168 ,39 1.36) ($114,110 .14) 7 Total $0.00 ($73,104.21) $73,104.21 8 E 51XX Regular Instructions Services $2,150,254 .24 $540,816.54 $1 ,609,437.70 52XX Special Populations Services $653,866.27 $268,091 .24 $385,775.03 S3XX Alternative Programs and Services $1 ,088.656.11 $552,862.68 $535,793.43 S4XX School Le.idership Services $142,655 .95 $63,237.49 $79,418.46 ssxx Co-Curricular Services $103,279.04 $35,820.42 $67,4 58.62 030518a HC BOC Page 171 58XX School-Based Support Services $208,445.85 $116,933.61 $91 ,512 24 61XX Support and Development Services $10,000.00 $5,921 65 $4,078.35 62XX Special Population Support and Development Services $30,0 00 .00 $9,023.51 $20,976.49 63XX Alternative Programs and Services Support and Developr $50,199.50 $22,415.60 $27.7 83 .90 64XX Technology S upport Services $1,814,033.31 $601 ,270.75 $1 ,212,762.56 65XX Operational Support Services $1 ,675,428 .24 $5 51 ,717.81 $1 ,123,710 .43 69XX Policy, Leadership and Public Relations Services $154.05 $0.00 $154.05 71XX Community Services $40,388.00 $23,317.35 $17,070.65 72XX Nutrilion Services $142.340. 78 $53,735.93 $88,604 .85 E Total SS , 109,701.34 $2 ,845,164.58 $5,264,536 .76 R 32XX Other State Allocations fOt Current Operatio ns ($1 ,086,479.00) ($560,629.92) ($525,849 .08) -37XX Revenues from Federal Sources • Olher Restricted Grant ($76 t ,763.86) ($761 ,763.86) $0.00 38XX Other Revenues from Federal Sources -Restricted Grant ($236,071 .00) ($136. 033. 26) ($100,037.74 ) 42XX Local Sourc es· Tuition and Fees ($16,635.00) ($16,635.00) $0.00 44XX Local Sou rces • Unrestricted ($1 ,046 ,045.40) ($1,0 19,659.04) ($26.386.36) 48XX Local Sources • Restricted ($837,819.08) ($8 7,8 19 08) ($750,000.00) 49 XX Special Revenue Services ($4 ,124,888 00) $0 00 ($4 ,124,888 00) R Total ($8,109,701.34) 1$2,582,540.16) ($5,627,161.18) 8 Total $0.00 $262,624.42 ($262,624.42) 030518a HC BOC Page 172 Harnett County Schools General Fund Balance Report January 31 , 2018 Funds Local Public School Fund 2 Capital Outlay Fund 4 Dunn District Tax Fund 7 Total Unassigned Fund Balance $3,138,944.00 $0.00 $286,163 .00 $3,425,107.00 030518a HC BOC Page 173