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Agenda 1995 12-04 a ~~ ~1 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 . WILMINGTON, NC . DECEMBER 4, 1995 6:30 P.M. MEETING CALLED TO ORDER: Chairman Robert G. Greer INVOCATION PLEDGE OF ALLEGE ~~~~u~ ELECTION OF CHAIRMAN AND VICE-CHAIRMAN Wanda M. Copley, County Attorney, Presiding NON-AGENDA ITEMS (Limit three minutes per item)\ APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS TIMES 6:SOpm 1. Approval of Public Officials Bonds 6:SSpm 2. first Reading: Sewer Impact Fee Ordinance and Continued Consideration of Sewer Impact Fee Options 7:OSpm 3. Consideration of Approval of Amendment of County Code Section 5-50, Building Permit Issuance 7:20pm 4. Presentation by the New Hanover Communities Action Coalition on the Matter of Annexation PAGE NO. 1. 7 25 27 5. Public Hearings: ~~ ~~ I i 7:45pm A. Rezoning, Appealed Case -Request by Doug Clifton et. al 29 to rezone 12 acres on the east side of Carolina Beach Road (5200 block) 1200 feet north of Monkey Junction to B-2 Business from R-15 Residential. (Z-554, 11/95) ~~ 8:OSpm _ B. Rezoning_Appealed Case -Request by Micki Weisner for 35 'Robert Grimes to rezone 4.52 acres on the east side of Carolina Beach Road approximately 500 feet north of Rosa Parks Lane to B-2 Business from R-15 Residential. (Z-555, 11/95) 8:35pm C. ez nin -Request by Jeffrey Keeter, Attorney, to rezone 5.6 41 acres on the east side of Market Street 600+ feet south of Porters Neck Road to B-1 Business from R-15 Residential. (Z-556; 11/95) 8:45pm D. Suecial Use Permit -Request by CDG Associates to construct - 49 a 16 slip community boating facility at the northeast end of Towles Road (S-378,95) ' 9:OOpm E. Suecial Use Permit -Request by Bob Jamieson Et. al. to 55 construct anon-residential off-street parking lot in the R-15 ' District. The property is located on the•south side of Wrightsville Avenue 350+ feet west of Stokely Drive (s-382, 11/95) Subdivision Appeal 9:15pm F. Subdivision AR~eal -Request by C. Creasy of the ~ • 61 • Snug Harbor Homeowners Association to eliminate a planned road connection between Covil Farm Road in ~ • ' Covil Estates Subdivision and Hawk Road in The Cedars at Gorman Plantation (SA-15, 12/95) 9:45pm 6. Discussion/Consideration•of Staffing and Equipment Plan for 65 421 North Fire District 10:00pm 7. Meeting of the Water and Sewer District 71 ADDITIONAL ITEMS COUNTY COMMISSIONERS COUNTY ATTORNEY COUNTY MANAGER 10:15pm ADJOURN ,. t t ''~ ~ '~ ~ i~ '~ '~ NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC DECEMBER 4, 1995 6:30 P.M. ITEM NO. ITEMS OF BUSINESS 1. Approval of Minutes 2. Election of Chairman and Vice-Chairman, Wanda M. Copley, County Attorney, Presiding 3. Approval of Sewer Line Construction Contract Teal Trace contract #96-0183 and associated budget amendment 4: Approval of award of contract for surveying and drafting services to Century/von Oesen for $19,740: contract #96-0179 ADJOURN PAGE NO. 71 73 91 NEW.HANOVER COUNTYBOARD OF COMMISSIONERS CONSENT AGENDA DECEMBER 4, 1995 6:30 P.M. ITEM NO. ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 103 2. Adoption of Resolution(s) adding the roads to the State 105 Highway System: Scout Camp Hatila Road ~ • Roads in Fox Run Subdivision, Section 5 3. Approval of changes in General Statutes pertaining to ~ 111 Construction Bids 4. Approval of award of Bid #96-0149 for NoxOut Reagent 115 for the WASTEC Facility 5. Approval of award of Bid #96-0150 for uniforms for the ~ 147 Sheriff's Department 6. Approval of award of Bid #96-0248 for the purchase of 177 an upgrade of IBM AS/400 computer system for Health Department and trade-in of surplus equipment • 7. Award of Single Prime Bid to Paragon Building Corporation 189 for Ogden Park Pavilion 8. Approval of Budget Amendment. #96-0080 to budget 235 additional State funding received for child day care services 9. Approval of Bike's for Tykes program 237 10. Adoption of resolution to accept NCDOT Modified Grant Agreement 243 for State Airport Aid Project 9.9425900 for the amount of $186,335 ~1 ~. REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 1 e A If I~ LI Regular Item #: 1 Consent Item #: Additional Item #: Department: Legal Department Presenter: None Necessary Page Count In Agenda Package: 5 Contact: Kemp P. Burpeau SUB.TECT: Public Official Bonds BRIEF SUMMARY: Pursuant to the General Statutes, the Legal Department conducts an annual review of the public official bonds for the Finance Officer, Sheriff, Register of Deeds, Tax Collector and ABC Board Chairman. The review is to insure that all bonds are valid and in an acceptable format. RECOMMENDED MOTION AND REQUESTED ACTIONS: Enact resolutions: 1) Approving the existing public official bonds; 2) Setting the Sheriff s bond at $5,000.00; and ~~ 3) Exempting from bonding requirements any ABC Board members not handling funds. FUNDING SOURCE: Federal S:. State S: County S: 0.00 Uscr Fccs S: Otltcr S: Money Is In Current Budbct: Nc~~• Appropriation Request: Budbct Amendment Prepared: LGL: APP WCOPLEY FIN: N/A BSHELL BUD:N/ACGRIFFINHR N/A AMALLETT REVIEWED BY: Recommend app ~d!'lflAiTAiT~T~TTC A ATTI D~!`lINiTAiT~T~TTI A Til11~TC`. t~~~~~~, d.. ..n...Z~Ytil4dle~l~,~ ~r•• `y/ '~• `lr rr•~ 1 . ~~d~ !? ~ ~ .1 ~s Refer to Oltice Vision Bulletin Board for Disposition ~• ~' STATE OF NOF~TH CAROLINA NEW HANOVER COUNTY- ~ BOND APPROVAL WHEREAS, pursuant to Chapter 109 of the North Carolina General Statutes, the Board of County Commissioners. conducts an annual review of public official bonds; WHEREAS, said bonds have been reviewed by the ',County _ Attorney and found to be in full force and to b~e in~proper format. NOW, THEREFORE, the Board of County Commissioners does hereby approve the Surety Bond for the Finance Office, Sheriff, Register of Deeds, Tax Collector, and the ABC Board Chairman. This designation of approval is hereby incorporated within the respective bond to which it is attached, as if set out in its entirety on the face thereof. ~~ This the day of - -, 1995. ~ . ATTEST: ~ '" Clerk to the Board Robert G. Greer, Chairman - Board of County Commissioners' . ;, . 2.. ~ . - ~.~ ... .~ ~o. ~r <~ 1 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED, that pursuant to the requirements of Chapter 109 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 4, 1995, approved the bonds of the Clerk of Superior Court of New Hanover County, New Hanover County Finance Officer, New Hanover County Sheriff, Register of Deeds of New Hanover County, New Hanover County Tax Collector and Chairman of the New Hanover County ABC Board, and FURTHER RESOLVED, the Chairman of the. Board of Commissioners is hereby authorized, empowered and directed to certify said approval of, such Bonds, with the exception of the Bond of the Clerk of Superior Court, which is not physically present in New Hanover County. ~~ l ADOPTED this 4th day of December, 1995. [SEAL) i 'I'ii ,. a,~ i~ ail 1 Robert G. Greer, Chairman Board of Commissioners ATTEST: Clerk to the Board ' 3 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED, that pursuant to the provisions of Section .1.62-8 of the North. Carolina General Statutes; the• Board of Commissioners of New Hanover County;:at its' regular meeting on December 4, 1995, determined that the required Sheriff's Bond shall be in thetotal amount of .Five Thousand ($5,000.00) Dollars. ~ . ADOPTED this 4th•day of December, 199.5.• •. _ • [SEAL] ~ ~~ ~ ., ' Robert G. Greer, Chairman •`~ Board of Commissioners ATTEST: Clerk to the Board 4 e t 0 t RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED, that pursuant to the provisions of Section 18B-700 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 4, 1995, does hereby exempt from the bond requirement of said Section 18B-700 any member of the New Hanover County ABC Board who does not handle Board funds and thereby shall only require that the Chairman of the New Hanover County ABC Board furnish a Bond for the faithful performance of his duties. ADOPTED this 4th day of December, 1995. [SEAL J Robert G. Greer, Chairman Board of Commissioners I' 0 0 'I, u ATTEST: Clerk to the Board 5 This page intentionally left blank 6 1 s e i~ 0 Li t i, i 1 REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: 2 Consent Item #: Additional Item #: Department: Engineering Presenter: Dave Weaver Page Count In Agenda Package: Contact: Dave Weaver SUBJECT: . First Reading -Sewer Impact Fee Ordinance and Continued Consideration of Sewer Impact Fee Options BRIEF SUMMARY: The Board, at its November 20 meeting, directed staff to discuss with homebuilders and developers a third option of using a mixture of revenue sources to finance construction of the District's sewer system. This option and the previous two options are outlined on the attached sheet. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board should consider adopting one (or a combination) of the three options and upon choosing an option it should be considered the first reading with the second reading scheduled for the meeting of December 18, 1995 ~~_~a~oarYS-r ' ~ ~~~~~ OPT' ~-,1 t r~ u o v a ~,~ r~. , ~~ ~~ ~u~~d t ~ ~~ .. ~~.. ~.~~~~,:~.a,w~ rid~t~a~ k'UNDING SOURCE: County S: User Fees S: ''` Z Other S: Federal S: State S: Money Is In Current Budget: Budget Amendment Prepared: II;. New Appropriation Request: REVIEWED BY: LGL: FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Each of the three options is attached for your consideration. Full ordinances are prepared and all the appropriate background material is provided. If the Board chooses one of the options at the December 4 meeting a "first reading" would be appropriate with the second reading occurring at the December 18 meeting. As directed, at the November 20 meeting, staf et with homebuilders and developers to develop "another option" which is presented in t~ ed as option number one. a Refer to Office Vision Bulletin Board for Disposi OPTIONS TO'FINANCE SEWER EXPANSION (ATTACHMENTS FOR ALL.THREE OPTIONS FOLLOWING THIS SUMMARY PAGE) OPTION ONE (DECEMBER 4) Mixture of revenue sources Revenue sources Additional revenues generated/year -1/2 cent property tax $420,000 -1 centDistrict`property - tax $400,000 -loo increase in monthly user fees $450,000 =$400 new tap fee for new homes going on ..line, (1300 units/yr) ~ ~ $520,_000 -Raise treatment plant fee by $75.00/house to $450 (1300 units/yr) $ 97,500 TOTAL .ADDITIONAL REVENUES $1,887,500/yr The total additional revenues of $1,887,500 per year would reduce reliance on sales ,t ax revenues by an equal amount . .._ OPTION TWO .(NOVEMBER 20): Sliding Impact Fee •~ ,, , `~~ ~ ~~ ~ - $0.675 per square foot with minimum fee of $500 and w.b~'`~`"' maximum of~ $1a~800. '~^0~~ `~ ~ ~ wT~he+ increasein the impact fee from $375 per house to $1012 (for a~n average 1500 square foot house) would ~.~..•.generate an'~a'dditional $828, 100 in revenues. - The total aadi"tional revenues of $828,100 per year would ,,; :,,:_..r.r,educe~rel~ance on sales tax revenues by an equal amount. OPTION THREE (NOVEMBER 6) $1500 impact fee ~ . - The increase in the impact fee from $375 per house to~ $1500 per house would generate an additional $1,462,500 - ~- ~ •-in revenues per year : - ~ - - - _ - The total additional revenues of $1,462,500 would reduce - reliance on sales tax revenues by an equal amount .;;per; year. 4\\ ~~ ~-~ -o f , Y ~, . November 6, 1995 . . ~ t;y h , J . .. ~ ~ `'/. - f,~,o~~r~ _T _,~, . ~ . T0; Allen O' Neal,. County Manager '. FM:. ~. Bruce T. Shell, Finance Director ~ . RE: Annexation Impact on Sales Tax As you requested I prepared the following impact on sales tax as a result of Annexation through Phase I and in total. County: Phase I 27.5 sq. mile, General (1,166;~95) (1,871,062). , Fire District ( 5-1,237) ( 82;178) 'Water & Sewer (471;624) ( 75b,422) Schools .. (259,399) ( 416,04.1) .Wilmington 2,086,788 3,346,926- Carolina Beach ( 60,950) ~- ( 97,75,8) . , Wrightsville Beach . { 59,542) ( 95,490) Kure Beach ~ ( 17,441) ( 27;975) , TotaLPoss to the County (1,948,855) (3;125,703) ... _ ~nua.-~Cw - _ . .. . _ - - - ,- .-. , ~`_ ~. J ;, . A ~. I j 'J ~: OPTION ONE AN ORDINANCE OF NEW HANOVER COUNrY ~II, ~ ji i, ; ~ ~~ ,'~ I !, I 'J ~I 1. i! L s The Board of County Commissioners Amend Subsection 15-124 (d) (d )~, ~re]~-t--R~e~-~ ~a~~eapz~e~--€ee-{~ga-e~~e~~-o=r~~~~ ctYYCI-~ei~.~OFe-'e'~~. f'1z.J'}--~e3L~~-@~~-e-~--?'OLe-r~7 ~~-6~v ~ 'vrsc-r:--c~-crclz rrcr--~e'e-6-€--~-r~e'e--~ii3~~e~---~e=0=~ n t ~ £1'. _. . do-~l-a~sr3-~'~-~ . e~-i-~e~i a~a~tc~--}~e-~e~-i de~~= u (d). Facility fee: The fee will be equal to $2.83 per gallon of average daily flow with a minimum fee of 5850 per residential or non-residential unit. For all units for which sewer is available, the total fee is .required to be paid at the time of building permit application. For residential units for which sewer is not available, 5450 shall be required to be paid at the time of building permit application and 5400 shall be required to be paid at the time sewer becomes available and the unit connects to the sewer. For non-residential units for which sewer is not available, the total fee except for 5400 shall be required to be paid at the time of building permit application. The remaining 5400 shall be required to be paid at the time sewer becomes available and the non- residential unit connects to it. T~~-res-ire -~~-t i-ng-o-~~t~i~r~}-a-1--~a~e~r~ --e-€-t-erg--~{-~~~--ge_r-e•ei ~€ t-k ~~~-t-clay-e-= -ewe-~r-~e ~'~~e~e~e~- The ~~e~t~erz-t--~r~a~- facility fee will be determined as .specified in section 15-121(b), however the minimum fee will not apply in the following circumstances: (1) Nonresidential development or unit obtaining a certificate of occupancy where the structure is not .. new development. (2) Nonresidential development or unit obtaining a building permit with an estimated construction cost of less than two thousand dollars ($2,000.00), where the structure is not new development. (3) Building permits for new development where there is no plumbing in the entire structure. If plumbi~g i s added later , the ~re~-~e~t-p l~t~-ewe-r~~ n facility fee for new development will apply. Amend subsection 15-121(b)• (b) lea-t~e~g1~~~-eapa•e~t~-€ee.' Impact fee . All new development and nonresidential development obtaining a certificate of occupancy shall pay the e~ga-e-i-~y facility fee specified in section 15-124, based on average daily flow. Swimming pools will be exempt from the r treatment plant capacity fee. Average daily flow for the purposes of the facility fee shall be determined as follows: (1) Residential unit: Three hundred gallons per day. (2) Nonresidential unit: Flow criteria as recommended by the state division of environmental management for sewage system requirements. In the event a flow is not ..specified. by~ the state division. of environmental management for a particular usage, ,the flow shall be based on water usage of similar facilities as determined . by the district. (3 )..Nonresidential unit (industrial wastewater): Industries that generate industrial wastewater, have a National _ Pollutant Discharge Elimination System (NPDES) permit, maintain a wastewater- treatment faci ity with capacity sufficient to cover-the average daily wastewater flow may be, exempted from the ~-~e-i lit; r~-a-n-~-ea~a-e~~€e-e by the board of county commissioners based on these and other - criteria. This section does not exempt any non-process a domestic wastewater. When the district's wastewater system becomes available to a nonresidential-unit having industrial wastewater, the facility fee shall be paid prior to connection. _ ~ .. a 10 D HOME BUILDERS ASSOCIATION WILMINGTON -CAPE FEAR November 21, 1995 Chairman Bobby Greer New Hanover County Commissioners 414 Chestnut Street Wilmington, NC 28401 Dear Bobby: ~~ a,gt 4„~~r~~ 3801-5 WRIGHTSVILLE AVE. P.O. BOX 3101 WILMINGTON, N.C. 28406 910-799-2611, Fax 910-799-2610 The Wilmington-Cape Fear Home Builders Association would like to thank the Commissioners for allowing us the tune to present a proposal to meet the funding needs of the sewer expansion plan as outlined by the staff. We met with your staff Tuesday morning and presented our proposal to them aslang for their comments and suggestions. After our presentation and follow-up discussion, we agreed with your staff fo use more conservative numbers in figuring income based on an average of _ permits issued. We believe our proposal provides for the funding necessary to assure construction as planned and allows for the costs to be shared by all of those using and benefiting from the services. One of the major financial benefits to the County under this proposal is the maintaining of the sales tax contributions to the funding at a static level of $4,500,000.00 per year. Based on figures presented in the Engineering reports for funds available for construction, this will allow $18,000,0(}0.00 in sales tax revenues to be used by the County for funding other needs or reducing taxes. This f btrure is based on the years 1996-2006. Our funding proposal is as follows: Implement a TAP FEE for homes going on line and actually using the sewer system. 1,300 x $400.00 = $520,000.00 Raise TREATMENT PLANT CAPACITY FEE $75.00. 1,300 X $75.00 = $97,500.00 i~ ~; 11 ~~ AFFILIATED WITH N. A'.H.B. AND N.C. H.B. A. Raise TREATMENT COST 10~%. This is 'ustified b the hi er treatment standar a J Y ~ ds being required by the EPA for'new construction and upgrading of older plants to meet these standards. All users should share in this cost. This would be the first rate increase in over 5 o years. By using the percentage factor, those who demand more treatment capacity, pay more. 10% increase in TREATMENT COST = $450,OW.00 ONE (1) CENT SEWER DISTRICT TAX. The funds raised in the district are paid only by the users of the system. These funds would be used for the capital expenditures needed within the district, maintenance and repairs. ONE (1) CENT DISTRICT TAX = $400,000.00 I/2 CENT PROPERTY TAX FOR 6 YEARS. Several years back, approximately $2.3 million dollars was diverted from the sewer fund balance to help pay for repairs to the Counties ~ ' Waste To Energy Facility. All taxpayers within the County benefited from the upgrading of the plant_ Those funds have never been replenished. By putting a sunset number on 'this contribution at 6 years, those funds will have been paid back to the district. 1/2 CENT PROPERTY TAX = $420,000.00 . . TOTAL YEARLY FUNDING BY THIS PROPOSAL $1,887,500.00 Again, on behalf of .the Wilmington-Cape Fear Home Builders Association we thank you for the opportunity to submit this proposal and look forward to discussing it with the Commissioners. If you have any questions please give us a calla .. Yours truly, ~ ~ : Dean Potter, President ~ ~ - . 12 Q 0 0 v 1 s s t OPTION TWO SLIDING IMPACT FEES AN ORDINANCE OF NEW HANOVER COUNTY The Board of County Commissioners Amend Subsection 15-124 (d) (d) ~i~ea~e~-t-~-1-a~r~-ea-g~ei-~--~e~ga-e-t-~e c-~-:--9x e a-~ '~_ €-l~~r'~m-i-~-i~tt~~ee-e-f--~h-r ee-~-ttn•d~ed~e;o~e~~-€~e de-~l-ass---~$3-'~5~-~--~~ xe~-de~~-a z~Tre-e-i Qe~~ ~~- - . (d) The ~~e~-t-~e~-~1}-_a-t ?~„~~ *•• facility fee will be r-----s determined as specified in section 15-121(b), however the minimum fee will not apply in the following circumstances: l~ (1) Nonresidential development or unit obtaining a certificate of occupancy where the structure is not new development. (2) Nonresidential development or unit obtaining a building permit with an estimated construction cost of less than two thousand dollars ($2,000.00), where the structure is not new development. (3) Building permits for new development where there is no plumbing in the entire structure. If plumbing i s added later , the ~~e~-t-~teFrt-g l~r~- e~apae-r~--€ee facility fee for new development will apply. Amend subsection 15-121 (b) 1 3 eft-ire-i-mp~e-twee-et-~Re-e~--a~-~i-ea-t-i-e-n--a~r~i~-e-f 9~- t-h~~st d~¢--e~€--ea-e:~e~~t~re-rea-€t~~ , (b) 3'~e~-t-~te~rt~~~~-e~ga,i ~~ ~ F== Facility fee. All new development and nonresidential development obtaining a certificate of occupancy shall pay the ezrpa facility fee specified in section 15-124, based on average daily flow:' Swimming pools 'will be exempt from the treatment plant capacity fee. Average~~dai~ly flow for the purposes of the impact fee shall be determined as follows: (1) Residential unit: • See 15-124. - (2) Nonresidential unit: Flow criteria as recommended by the state division of environmental management for sewage ' system requirements. In•~,the -event a flow is not specified by the state division of environmental • -management for a particular usage,' the flow shall be based on water usage of similar facilities~as determined by the .district . • (3) Nonresidential 'unitCindustrial wastewater):Industries that generate industrial- wastewater, have"a National _ ~ Pollutant Discharge Elimination System (NPDES) permit, . maintain a wastewater treatment facility with capacity . sufficient to-cover the average daily wastewater flow may ' be exempted - from the F • facility fee by the board of county comrriissioners based on these and other criteria. `This•.'section does not ' exempt' any non-process' domestic wastewater: When the district's wastewater system•~becomes available to a ' nonresidential unit having industrial wastewater, the ' lea-tie-~t--p-~a~a-e-i-~-€ee•' f a c i 1 i t y f e e "s h a 11 b e p a i d prior to connection,. - .~ ~ . - .r 14 e ~. OPTION THREE AN ORDINANCE .. OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, hereby amends Chapter 15, Article II, Section 124 of the New Hanover County Code as follows: Amend Subsection 15-124(d) to read as follows: (d) '~=e-~i~,=~~~; 3-~T Facility Fee, Aayable at the time of building permit application Five dollars ($5.00) per gallon of average daily flow, with a minimum fee of Fifteen hundred dollars ($1500) per residential and nonresidential unit. The facility fee will be determined as .specified in section 15-12(b); however, the minimum fee will not apply in the following circumstances: _• (1) Nonresidential development or unit obtaining a certificate of occupancy where the structure is not new development. (2) Nonresidential development or unit obtaining a building permit with an estimated construction- cost of less than Two Thousand Dollars .($2,000.00), where the structure is not new development. (3) Building permits for new development where there is no plumbing in the entire structure. If plumbing is added later, the treatment plant capacity fee for new development will apply. This the day of 1995. NEW HANOVER COUNTY [SEAL] ~ ~ . ATTEST: Robert G. Greer, Chairman . Board.of Commissioners Clerk to the Board ~a ~~ 15 i . NEW HANOVER COUNTY INTER-OFFICE October 18, 1995 TO: Board of County Commissioners FROM: Dave, Weaver, AssistanC County Manager ~[,t~ RE: - Consideration of adoption of sewer impact fee - ~Agenda Item - November 6, 1995 SUMMARY OF INFORMATION; - As discussed at several work sessions, the present sewer impact fee of $375/house is not adequate t'o cover the County's cost of providing sewer. The cost of sewer for transportation and treatment of wastewater ranges'from $1700 - S200o/house, as shown on the attached excerpt from the September 13 memo to the Board. A range of possible impact fees and annual revenues generated are given below: ..~ ..FEES REVENUES $735/house $955,500/year (at 1300 - houses/yr).. .. S1100/house _~ $.1,,430, 000/y,ear (at 1300 houses/yr) $1500/house $1,950,000/year (at 1300 - houses/yr) Also attached is an update of the Sewer Task Force's Report. This report incorporates higher projections of construction and sales tax revenues than does the original report. Although this shows an average surplus of revenues over costs of approximately- $245,000/year for S years, please' note that sewer construction estimates do not include an inflation factor. In addition, there are ,needs to replenish the District's Fund Balance and to reduce reliance on sales tax revenues, especially given the potential negative impacts on sales tax revenues to .be caused by City annexation. DW/nf/685 16 19 s ,. e 0 e a B ~i 0 i~ ~o It It Is .. ... . WASTESVATER '• C:lpltll COStS . Typical costs for providing sewer to a new subdivision include the following: Sewer Phase Cost per Unit • Collection 52,016 Transportation 5800-1,100 Treatment 5900 Total - 53,716-4,016 Source: New H~novc~ Counnr Engineering Oeaartmen( Funding Options Imoact Fees ' These costs easily justify a recommendation for an increase in the present sewer cost of 5375/household to 5735/household. The additional revenue generated would be almost S.5 million/year. This fee would be comparable to City impact fee charges. Other mcan~ ~f revenue~cneration The Sewer Task Force, which formed several years ago by the Board of Commissioners, explored mechanism for revenue generation other than impact fees but did not reach consensus on any of them. A District tax would generate Duct 5350,000 for each penny of tax rate. A 10% increase in monthly user fees would generate over 5320,000 a year. Ocher means include acreage charges and front footage assessments. Other mechanisms for generating revenue could also be implemented, although State legislative action would be required. Those means include a land transfer tax, adoption of an • additional % cent sales tax, food znd beverage tax, or an increase in the room occupancy tax. These mechanisms could be used for other capital needs, such as parks and drinking water. Wastcw~trr re- ~sP One area that the County should consider investigating is wastewater re-use. Wastewater re- use is the practice of applying treated wastewater for such purposes as irrigation. This practice has been increasingly followed in such areas as Florida. 'If this practice was followed in the District, treated wastewater from the plarvied County Northside Treatment Plant would be piped back to such places. as Landfall for golfcourse and residential lawn irrigations. Wastewater re-use would produce the following benefits: ' 20 17 ~ • .. 1) Provide an inexpensive source of imgation waste for private interests; u 2) Replenish groundwater, • • 3) Reduce the need to use up increasingly scarce discharge capacity allowed by NPDES • permits. •. In order to provide treated wastewater for such uses as imgation, a s stem of i es se arate Y PP P fi om sewage and drinking water pipes would be required: ~ These lines could be placed on top of the • sewage lines at relatively low cost when the sewage lines arc constructed. Homeowners eould.be charged a small flat talc foe unlimited amounts of wastewater. • • " ~ The County has the opportunity to place a treated wastewater re-use line when constructing , sewage interceptors such as the Ogden Interceptor. The County could also require or make available ~ to developers the opportunity to place re-use lines during subdivision development for imgation, f~ - ~ - lJ • • • •• • 3 • ~ ~ ~ a t i • •' ~. • • i • - r'.. • 18 ~ ,.• _. 21 .~- - ~~ ' rI 4f A m Z • ail ~~' s 1 i0 +~ n C C S m ... y N r C'7. Z -1 -~ --/ ? o 7 C - o ni 1 n < ~ O O ? K n (o to S N N , . v °- f9 S e r' > ~ , > to re n °' n ~ Z r O• N ,~, A N O •-~ " v v v H to .O c' o - ~ ,~°,• °- ~• ~ n H Zp n ~ P° on N d = ~ ~ F w n o 4 , n w N N ~ ~ ...~ d O O e~ a, aI O• ~ s d „G, n x n ~. ro to (a . f9 O <2 C ( 1 - i { L O C < ~ o < ~ 7 > > -i F ~~ d -~ QO (^ (^ l ( 1 n A A A n ~_ • n O > > 4 O. Q d O ' ~ ~ ~ -~ ? ~ A A . Q ~ . _ • O- ^ n 7 ~ G u n D °_ v e_ ~ s n C C V K G O n n n ~ O n H ~ O O N n O. V n c+ v > to n n p >- o ° F r9 '~ m ~ .~ O -' m N n 0 m ~= ~~ n -~J V n G v ~ ~' 3. ~ ~ n ~„ O n u n ~ ~ O v ~ • ? 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O N tJtO V N NONNb ' • u O OVO ~b OauNm .: 's C~UN o c~i~u:i~o `-- N N UOU +-- OVU- ~ u -~ u OV NC1VL1 0100000000000000000000000000 O •N I ~ , i Ct N H O (n ~ N an .< (p r ~ N ' • u u UOA .O OONNV N V1N0 ~A ~C1 tJVV •• U~ u G10n N NO UNN H V et O a 'O G~ v O b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O • N ' C1 N Vf N I O N ~vl ~+ u a s N ' • A b ~ O Ct r f.1 s UUU O ~• Ib ~7 O V N l7 V- ~n Cl s U fn m rI~_ U~ ~~ -J O O n ' O O 1~{Ov ~O bC~~bp00000000000000000000000000 O ^ s ~ 14 ~ i I~ 23 la 26 I ~ 24 r A t REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: 3 ~ Consent Item #: Additional Item #: Department: Legal Department Presenter: Kemp P. Burpeau Page Count In Agenda Package: 2 Contact: Kemp P. Burpeau ~U13J1JC:'1'• Amendment of County Code Section 5-50, Building Permit Issuance. BRIEF SUMMARY: The amendment is intended to make clear the existing implied authority of the County to withhold building permits in situations where the developer has not complied with subdivision, zoning, or other land use law. The need for this ordinance has arisen from several instances where developers fail to comply with subdivision plat or other regulatory requirements. Withholding of building permit processing would be an effective enforcement tool. r ,1 RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider enacting the technical amendment. Federal S:. State S: County S: 0.00 User Fees $: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: FUNDING SOURCE: REVIEWED BY: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/ACGRIFFINHR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• '~ Recommend approval. This item requires two readings unless the v unanimous. ~P~~~~ `~ ,e~ r.r,.a-ar nj~~ ~ Refer to OfTce Vi~ion B letin Board for Disposition AN ORDINANCE OF -THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS ,.~ ~. ~. The Board of Commissioners of New Hanover County, North Carolina, hereby "- amends Chapter 5, Article III, Section 5-50 of theNew Hanover County Code as follows: ' Add to the existing language of Section 5-50 the following: The County may withhold issuance of a building permit ~to any person or entity in - situations where said person or eritify developing a subdivision or building development has, , failed to comply with any statute, ordinance, rule, condition, or regulation. pertaining to land subdivision, development, and/or construction of subdivision/development improvements, within New Hanover County. In situations where the above=referenced non=complying person or entity- has conveyed, leased, or otherwise transferred any or all interest in subject real estate, said transferee, his/her/its heirs, successors, or assigns may be denied a building' permit provided -the transferee or his/her/its agent had actual or constructive notice of transferor's non-compliance prior to the transfer. This the day of , 1995 NEW HANOVER COUNTY [SEAL) . ATTEST: ~ ~ Robert G. Greer,. Chairman Board of Commissioners ~ - Clerk to the Board ,: ~~~ ~.~.~ M{ REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 b Regular Item #: 4 Consent Item #: Additional Item #: Department: Presenter: Raymond J. Kress Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: - Presentation by the New Hanover Communities Action Coalition on the Matter of Annexation BRIEF SUMMARY: The New Hanover Communities Action Coalition has requested time on the Agenda to speak on the following topics related to annexation: - A. Sentiments of opposition B. Support for alternatives - C. Intergovernmental cooperation RECOMMENDED MOTION AND REQUESTED ACTIONS: B Hear presentation. The group is also scheduled to make a presentation to the Wilmington City Council on December 12. ' FUNDING SOURCE: Federal $: State $: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: ~ HR: I~! COUNTY MANAGER'S COMMENTS AND RECOMMENI~TXONS: ~. Hear presentation. At the writing of this item I am not aware o specific action. ~~~~ !a r, rn r-. ,~ n R t~ ~ , ,t ~~~~~~ lybut0 ~ ~ b v+~U1 ~tli16.v i0~~~i~l'aUS~ ~~~~~ ~ zl ~ .~~s ~~ . Refer to Office Vision Bulle in Board for Disposition NOVEMBER 20,1995 MR. ALLEN O'NEAL: COUNTY MANAGER •• DEAR MR. O' NEP.L THE NEW HANOVER COMMUNITIES ACTION COALITION WOULD LIKE TO BE ON THE COUNTY COMMISSIONERS MEETING AGENDA FOR DECEMBER . 4th. WE ARE REQUESTING TIME FOR SPEAKERS WHO WILL .BE ADDRESSING THREE TOPICS REGARDING THE ISSUE OF ANNEXP.TION. THESE TOPICS ADDRESS COMMUNITIES' SENTIMENTS OF OPPOSITION, SUPPORT FOR ALTERNATIVES AND NEED FOR LOCAL~INTER- GOVERNMENTAL COOPERATION. THE SPEAKERS „ WHO ARE LISTED BELOW, WILL BE PREPARED TO COVER ALL TOPICS WITHIN 15 MINUTES. TOPIC #1. DON BLR_KE,WINDEMERE TOPIC #2. DON GR_~IY,LANDFALL ( OTHERS MAY PARTICIPATE) TOPIC #3. RON,SHACKELFORD,LONG LEAF ACRES l 2+ ~ THESE_SPEAKERS WILL ALSO BE ON THE DEC.j~TH CITY COUNCIL x MEETING AGENDA. IF YOU HAVE ANY ~UESTIONS,PLEASE CALL ME: 256-6738 THANK YOU. RAYMOND J° ~'KRES;~S~~~" ,.7 p ,~-w n d d v 9f NEW HANOVER COMMUNT~TI~ES= ACT~IOr1'~COALITION 28 q~~ ~~, ...° ~~ ~ 0 ~ . t s t ~r REQUEST FOR BOARD ACTION A Meeting Date: 12/04/95 . Regular Item #: SA Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 5 Contact: Pete Avery U If J ~;(:' 1': Rezoning, Appealed Case - Z-554, 11/95 BRIEF SUMMARY: Request by Doug Clifton et al. to rezone 12 acres on the east side of Carolina Beach Road (5200 block) 1200 feet north of Monkey Junction.to B-2 Business from R-15 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board reconunends denial. '~ ~I~.~ FUNDING SOURCE: Federal S: ~ State S: County S: User Fccs S: Other S: Money Is In Current Budget: New Appropristtion Rcqucst: Budget Amendment Prepared: REVIEWED BY: LGL: ~ ~ FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATION ~~O~ Y t}~ ~~~~(((SSS~, II I~ ~~ ~ ~ 2 9 bvltld 0 ~r e~7~LUU~i~C~~UUtl~~06~ ' Refer to Office Vision Bulletin Board for Disposition Item A CASE: Z-554, 11/95; Applicant: Doug Clifton, Et. al. REQUEST: R-15 to B-2 ACREAGE: 12 LOCATION: East side of Carolina Beach Road, 1200+ feet north of Monkey Jct. Plannin; Board SummarX The Board voted 6. to 1 to recommend denial of the applicant's request. The primary focus of their debate centered on where the northern boundary of the Monkey Junction commercial node should be drawn.' Staff presented several opitions, however the Board felt the current line running behind the old K-Mart site was the best choice. They also agreed that rezoning the site would pave the way for similar requests on adjoining parcels, particulary for the old softball complex to the north. They felt other development options should be considered, such as high density or office type uses. t The Board did discuss the establishment of office and institution zoning, and eventually offered it to the applicant as a compromise. However, the applicant did not believe that O-I Zoning would be highest and best use of the property and declined the offer: . Planning Staff SummarX These parcels are located just north of and adjacent to the Monkey Junction commercial node. This commercial node dominates the road frontage in the area and extends southward along Carolina Beach Road approximately 2200 feet. Smaller commercial districts are found further south and north of the main node, but tend to be more scattered, which contributes to strip commercial development conditions commonly found along many of the County's main thoroughfares. Significant expansion of this primary commercial area occurred in 1987, paving~the way for the U Wal Mart center and numerous- support stores and offices, which are located in the southeast ' corner of the intersection. Another large expansion occurred in 1989 when vacant land east of the former Wilsons /Revco Center (now used as a postal center) located south of the Wal Mart center was rezoned B-2. Property along the northern boundary of the subject parcels is the site of the former Bobby Benson complex, a commercial recreation facility catering to softball leagues and tournaments. It also has been the site. of western rodeos.. Although the site is-currently vacant and seldom used for permitted activities, the original special use permit that allowed the . operations remains valid and activities allowed by the permit can be activated at any time. The property is classified Urban Transition and Conservation in the 1993 Land Use Plan. More intense urban development is encouraged in the Urban Transition class subject to availability of ublic services,~p rticu~arly sewe s~~Se~wage is now available. Development in the areas classified P ~{ .p x s~*,Pr '~ R ~b { Conservation is riot•discouraged provided•construction techniques are employed to minimize the ~at from flood water. `Also;'the Conse` ation class sets tight limits on residential density and _ 1J 0 °? does not ermit clusterin of the units. P g The County's Land Use Plan strongly encourages commercial uses to locate in nodes along major highways at or near intersections with other major roads. The Plan does not define the geographic limits of those nodes; thus expansions of existing nodes should carefully consider ~~, impacts on nearby neighborhoods, the integrity of the road frontage and the general character of the area. Though the majority of these parcels are currently used for residential purposes, it is important to note that this change of zoning being requested is by the owners of those properties. These owners contend that nearby commercial activities, the proximity of the sports complex to the north and recent expansions of the commercial district across Carolina Beach Road and along South College have essentially isolated them. Despite those concerns, a decision must be made to establish the northern limits of the Monkey Junction commercial node. There are several choices. One option would be to let the line end where it is now draw, which is 50 feet south of the property line. Though it would eliminate commercial opportunities for those properties, other development options would remain available. These include higher residential density or perhaps rezoning for office and institution. A second option would be to rezone the property as requested and let that be the northernmost boundary. Another option would be to encourage the submittal of a conditional use rezoning petition when more definitive development plans can be provided. Still another option would be Office and Institution zoning. Regardless of the option selected, it can be expected that greater pressures will persist to rezone properties along major thoroughfares caught between established neighborhoods, whatever their size, and existing commercial districts. For example, if the site is rezoned, the County could expect the owners of the sports complex to seek similar consideration ,setting the stage for further commercial expansion northward along the highway. The~larger frustration is how much commercial development the County and community deem appropriate for this area. Should the County approve the request, it should also rezone the 50 foot R-15 strip that separates these parcels from the adjoining commercial tract. The commercial zoning on this tract was expanded in 1987. However, a 50 strip of land was left along the common property lines of the subject parcels and-the commercial area to provide additional protection to existing residences. ~ 31 v WHAT YOU MUST ESTABLISH TO GET A CHA1~~E OF ZONING OF PROPERTY Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zonirig regulations shall be made in accordance with a comprehensive plan. Since amendmenu to zoning maps should also be based on a Land Use Plan, you must explain in the space below how your request satisfies each of the follow- ing requirements. 1. How would the requested change be consistent with the County:s Policies for Growth .and Devel- opment? ~ ~~ FRt7PE7:TY IS LtXATED IN A TRIMGLE iitfERE AC)ST OF 7NE LAND (1SE TS Ct6zRENfLY DESI(~t4TE0 Ct,11itFRCIAL AND IS SERV2=U BY iG.U Ft~(.~Z LAIC ~fIJUR Tt1Dl3XX~IFARF AS t:~EL1 AS CtXWIY tWTFR MID SP.:aER. THE OUTSIDE AREAS OF THE Stt[ilECf PRrJFfRIY &IRL1F]: A Ct~>t~ZZICAL 134LL PARK Cc1~~LIX (kJ ONE SIDE AND CLx.f~RICAL tkJ ilfF l7IliER. 2. How would the requested zone change be consistent with the property's classification. on the Land Classification Map? ~ IS IN fGU~tMN WITH THE CIXWIY CtItAtERICIAI FULICIES, 7O f{AVE THE EXPAkSI(IV . • ~ CQ•g WITN IN AREAS THAT ARE ALRFitDY Oclt},g~CAL tiXIDES A1lD it/ERE Fit6LIC 'SERVICES IhCL1IJ11.G TRAI~LSFt)RTATItI'J ARE READILY AVAILABIF.. 3. What significant neighborhood changes have. occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? ' THE SUtiIECT FROFfRTY F{4S EEF1J Clff OFF FRt~.I OTHER RFSIDE11fIA1 FROFEKIY 8Y (~tAlXLl1 "' , 17EVEL(IF1~~lf CF4V~C~S.' . T}iESE CFIANGES tiWCE THE SUGJECI" MORE IDENIIAFAt3LE'AS'A'CLit4~RICAL'AtfiE. THE WISE . - ANU LIt~if OF CL7,ftiERICAI (LSE ARtJfp1D THE Ff~PERTY Ait1~S IT WJDESIRASLE.AS RFSIDralITAI. . . PRUPERfY. . i i f u In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand that the sin- gling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify that all the information presented in this application is accurate to the best of my knowledge, information, and belief: 32 ~~ r • Signature of Petitioner and/or Owner 1 PETITION SUMMARY SHEET Petition Number: Z-554, 11/95 Owner Doug Clifton and others R-15 to B-2 Request: Tax ID Number: 76 Representative:_Doua Clifton Acreage: 12 Location• Carolina Beach Rd. LAND USE, ZONING, UTILITIES and SERVICES • Land Classification: Urban Transition Existing Land Use: Residential ZoningHistory• ~' Area originally zoned AnT ~? ~, ~~~~ Gp~~er~~ . ,~. ~' nearby tracts have been rezoned commercial - the rest rerPnt in 3/94. water Type: Fire District: Well Myrtle Grove US 421 Road Access: ' School District: Gregory MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Motts ~rAAk r (~w) Aquifer Recharge Area: Primary Conservation Resources: None Historic Landmarks and Archeological Sites: None_ ~, soil Type(s) and class: Wrightsboro (Wr) ; Leon (Le) ; Lynchburg (Ls ) ~, Wr & Ls:~`~ood to slight limits; Le: limit~~due to Septic Taak Suitability: wetness Prime Agric~lturxl Soils: Yes : Wr ' Few limits except for Le due to wetness Building Suitability: _ SewerType• Septic/County RccreAtion: Arrowhead Park Volume: 13, 300+ ADT Tliis page intentionally left blank 34 A r 1 r v REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: SB Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 5 Contact: Pete Avery . J U liJ p:C;' l': Rezoning, Appealed Case; Z-555, 11/95 BRIEF SUMMARY: Request by Micki Weisner for Robert Grimes to rezone 4.52 acres on the east side of Carolina Beach Road approximately 500 feet north of Rosa Parks Lane to B-2 Business from R-1~ Residential. ' BECONiMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends denial. FUNDING SOURCE: Federal S: ~ State S: County S: User Fecs S: Otltcr S: Money Is In Current Budget: Nc~v Appropriation Request: Budget Amendment Prepared: REVIEWED BY: ~LGL: FIN: BUD: HR: BOUNTY MANAGER'S COMMENTS AND RECOMMENDAT~IjONS: . ~~ - . ~,~,...x nr(~Fn~\fi~((~II'~~~r (C~ ~~v1a9 It ~;~deullbubl~9,~J8WJ 5'~~.Sd ~~a~ 12 ~ 4 ~~s 35 Refer to Office Vision Bulletin Board for Disposition Item~B ~ ~ _ CASE: X555 11/95• A licant: Nlicki Weisner > PP REQUEST: R-15 to B-2 .- ACREAGE: 4.52, Two Tracts LOCATION: East side of Carolina Beach Road 500 feet north of Rosa Parks Lane Planning Board Summary The Board voted unanimously to recommend denial of the applicant's request. Discussion revealed that the Board members were concerned about how far south'the commercial zoning should extend. They were also concerned with the impacts expansion would have on residential uses located along Rosa Parks Lane, which is less than 500 feet to the south. Providing office and institition zoning as an alternative was discussed, but the Board never agreed that would be the better choice. Several nearby property owners spoke in opposition. They voiced concerns about traffic congestion, commercial encroachment, and the development,of wetlands. The applicant suggested that the site's proximity to the commercial uses to the north made development of the site under current zoning unlikely. The site is adjacent to a boat sales operation. ~ Planning Staff Summary A small portion of the subject property is already zoned B-2 Business to a depth of 300 feet. This commercial area is integrally linked to a larger commercial node that dominates the road frontage in the Monkey Junction area. Smaller commercial districts are found south of Monkey Junction along the frontage of Carolina Beach Road, but tend to be more scattered, creating classic strip commercial development conditions. The larger commercial node to the north has been expanded numerous times--the most significant, which occurred in 1987, paved the way for the Wal Mart center and numerous support stores and offices.. The small B-1 District to the south was established in 1982 and is now occupied by a discount building supply business and a plumbing contractor. The property is classified Resource Protection in the Land Use Plan." This classification does not prohibit commercial activity provided it can be'demonstrated that important natural resources are not impacted. Rp®teside,,,,,n~~tial density is limited to 2.5 units per acre. (~ The 1993 La diLJ~ se P~~la~n Updat ro gy ncourages commercial uses to locate in nodes along IJ major highways~at,or very,nearwintersections with other major roads. The Plan does not define the ~egraphic limits of those nodes; thus expansions of existing nodes should carefully consider JJ UU .,~. ~. ~. .. _ . r t d ti e 0 r impacts on nearby neighborhoods, the integrity of the road frontage and the general character of the area. There are three neighborhoods nearby: Equestrian Estates to southwest, Grove Park Mobile Home Park to northwest, and residences to the south and north along Rosa Parks Lane. Continued southward expansion of the commercial zoning will impact the Rosa Parks Lane area first. However, it is not certain what those impacts will be. Extensive setback and buffering requirements provide some relief, but do not totally eliminate them. Despite those concerns, a decision should be made to establish some defined limits of the Monkey Junction commercial node. There are several choices. One option would be to end it where is now drawn. Another option would be to extend the southernmost boundary of the district east and west to coincide with its existing depth from the highway. Still another option would be to extend the district southward as proposed and let that be the ending point. Staff recommends that the area not be extended further south and that the rear part of parcels A and B should be included to align with the existing drainage ditch. 37 WHAT YOU MUST ESTABLISH TO GET A CHANGE OF ZONING OF PROPERTY Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain in the space.below how your request satisfies each of the follow- ing requirements. ~ ~ ~ ' THIS CORRIDOR OF CAROLINA BEACH RD. IS PRIMARILY ~ ~' COMMERCIAL ENTERPRISES. SURROUNDING PROPERTIES-ARE B_2 ZONING: I. How would the requested change be consistent with the County's Policies for Growth and Development? THIS CORRIDOR OF CAROLINA BEACH ROAD`-IS'COMMERCIAL ENTERPRISES. SURROUNDING PROPERTIES ARE ALREADY B-2 ZONING.' 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? THIS PROPERTY SURROUNDED BY COMMERCIAL ENTERPRISE AND SITS IN THE MIDST. THIS PROPERTY PRESENTLY UNSUITABLE FOR RESIDENTIAL UPGRADING BECAUSE OF SURROUNDING.B-2 ZONING. HIGHEST•b BEST USE OF THIS PARCEL TO B-2, i e In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand that the sin- gling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify that all the information presented in this application is accurate to the best of my. knowledge, information, and belief. 38 Signature of Petitioner and/or O er ~: .. .~ . --:--~- PETITION SUMMARY SHEET '~! Petition Number: Z-555, 11/95 • Owner; Robert Grimes Representative: M. Weisner ~'~ R-15 to B- 2 4 5 2 Request: . Acreage: 1 Tax TD Number 76 Location: 5653 Carolina Bch. Rd. ~ ~ 5 LAND USE, ZONING, UTILITIES and SERVICES Land Classification: Resource Protection ` Residential ~ Existing Land Use: Zoning History' •' Area originally zoned Anril_ 7, 1971. Several nearby '~' ~ parcels rezoned commercial - the most recent in 14/89. Water T well ylx: Sewer Type• Septic/County ~~ Fire District: Myrtle Grove Rccresition: Arr~whPad Park ' US , 421 Road Access: c: 22000+ ADT Volum School District: Bellamy CTERISTICS MISCELLANEOUS PHYSICAL CHARA '~~ Alotts Creek C (sw) Watershed andWater Quality Classification' Aquifer Recharge Area: Primary Conservation Resources: N~nP ,~ Historic Landmarks and Archeological Sites: None Soil Type(s) and Class: Primarily Kureb (Kr) and T,POn (T,P1 Kr: Few limits; Le: Limits due to wet Septic Tank Suitability: ' .Prime Agricultural Soils: None - Kr: none; Le: limits due to wetness Building Suitability. _ . ~1 ~1 '',[ REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 E~egular Item #: SC ~ Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 7 Contact: Pete Avery SUBJECT: Rezoning - Z-556, 11/95 BRIEF SUMMARY: Request by Jeffrey Keeter, Atty., to rezone 5.6 acres on the east side of Market Street 600+ feet south of Porters Neck Road to B-1 Business from R-15 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval. Fcdcr:tl S: State S: County S: User Fccs S: Other S: 1loncy Is In Current Budget: lYc~v Appropriation Rcqucst: Budget Amendment Prepared: - FUNDING SOURCE: ~; REVIEWED BY: LGL: FIN: B.UD: HR: ~~. COUNTY MANAGER'S COMMENTS AND RE OMMENDATIONS• ~~~~~~ liJErv~nl~ Via.+utluun~NJ0.y~Js~l~Dk. `t ~~~~.vl~~t# ~~~` ~~~~ 1r~1 ~~ farce l `~E ' Refer to Office Vision Bulletin Boud for Disposition Item •C _ CASE: X556 11/95• ,Applicant: Jeff Keeter . REQUEST: R-15 to B-1 ACREAGE: 5.6 - ,.-, LOCATION: East side of Market Street 600+ feet south of Porters Neck Road Plannin~Board Summary The Board agreed with Staff s analysis and voted unanimously to recommend approval bf the petition. Additionally, they agreed to reommend rezoning the Piver tract (Parcel E) to B-1. The Piver tract is located south of and adjacent to the subject property. A letter signed by the Pivers stating their desire to be rezoned was presented to the Planning Board by the applicant of the subject petiton. Planning StaffSummar_y A petition to rezone this same property was denied by the Planning Board in December 1992. An appeal was never executed and the case was closed. During the time since this petition was denied, several zoning changes on nearby properties have -LI occurred. The B-2 District to the south was extended so that~it.is now less than 200 feet from the southern border of the subject property. Also, the B-1 District to the northwest across Market Street was expanded in February 1995, resulting in a sizable increase in the commercial node that is clustered near the intersection with Porters Neck Road. Finally, the large B-2 District directly across the street was expanded in July 1995 when an area of B-1 Business was attached to it. This `~ increased the overall depth of commercial zoning at this point on Market Street almost 900 feet. Despite the limited development activity in these surrounding commercial areas, the fact that 1 significant development will occur in the foreseeable future makes use of the subject parcel under '` current zoning unlikely. A major retail/office center is being actively marketed just across. the street and similar land uses will eventually follow that lead. ~ - - Also contributing to that reality is the fact that there has been limited interest by developers to ~~ develop low density residential projects along the frontage of major thoroughfares'in most area of ' the County. There have been a few successes, but such projects remain unappealing for the most part. A higher residential density in these situations has greater appeal, however, that option is ~' not available because the land in this case is classified Resource Protection and density is limited to 2.5' units per acre. ~ ~ - Under ordinary circumstances, requests similar to the subject petition would b~e hard to justify: ~~ with respect to land use policies. Over the years, those policies have consistently discouraged strip commercial development and the negative effects it creates. However, recent land use and zoning decisions have~be made--tthat.have ~ resulted in the expansion of numerous existing commercial areas, particulary.a•long~the Co~uri~ty~'s major thoroughfares. As a consequence, many of these r erties have been converted to commercial use just because they were in close proximity to r previously zoned commercial areas. This process perpetuates itself and in the end leads to ~~4 r t t r t i 1 1 1 i 1 1 i the worst kind of strip commercial development. From a pure policy perspective, the petition should be denied. In reality, however, nearby commercial zoning has severely limited any alternative use of the property for residential purposes. From a practical standpoint, the owner should be allowed the same development opportunities granted to adjacent properties. Staff recommends approval, including parcel E. 43 Snow and Dorothy .fiver 232.1 Scott.s.Hill Loop Rd. Wilmington, NC 28405 October 31; 1995• The New Hanover County Planning Department 320 Chestnut Street, Room 403 Wilmington, NC 28401 The New Hanover County Board of County Commissioners 316 Princess St. Wilmington, NC 28401 Ladies and Gentlemen: We are the owners of the tract of land on U.S. Highway 17 ~~ which abuts, on the southwest, the parcels which are the subject of the Application for Rezoning filed by, Mr. Jeffrey P. Keeter as Agent for Jacqueline A. Rusher, Josephine J. Rusher and E. Alan Rusher: Our particular tract of land is identified as Tax Parcel No. 3600-005-042-000 and is shown on the New Hanover County Planning Department Rezoning Request Map as Parcel "E." We are the sole owners of that tract of land and do not oppose the rezoning of those parcels described in the Application for Rezoning from. its current R-15 zoning designation to B-1. Additionally, we have no objection to the Planning Commission and the Board of County Commissioners, on its own motion, rezoning our parcel of land from R-1.5 to B-1. Rezoning our land along with the Rushers tract would "square up" the business zoning along that stretch of Market Street and would make good sense for the uniform development of that part of the county. Thank you for your consideration. Very truly yours, Sno and thy fiver ~~ / 1 h s -~--~ t~! </ 44 ~" ~ 'f~ Rusher Rezoning Application Questions/Answers 1. How would the requested change be consistent with the County's Policies for growth and development? ~1 The property and the property in the immediate vicinity of the subject property are currently undergoing a transition from vacant ' (primarily zoned residential use) to commercial and industrial uses. With the recent action of the County Commissioners in ~, rezoning various tracts of land in the vicinity of the intersection of Porters Neck Road and U.S. Highway 17, a commercial node has 22een created. The commercial developments in development, and to be developed, including the development of the commercial node, are needed to meet the demands for commercial services, which will result from the aggressive and intensive residential development of the areas along Porters Neck Road lying east of U.S. Highway 17. `~ Additionally, the intersection of Porters Neck Road and U.S. Highway 17 will be reconfigured in the very near future to '~ accommodate the development of the Northern Outer Loop Bypass around Wilmington. Such reconfiguration will result in the unsuitability of the properties in the vicinity of that intersection to be used for residential purposes. The more appropriate use of such properties will be for commercial purposes. The rezoning of the subject property will be in keeping with the -- orderly and prudent growth and developrtfent of New Hanover County and will be consistent with the policies for growth and development of the County. The County has extended its sewer services to the ,~' ~ property and would be available to serve the development of the . subject property. The rezoning of the subject property will be consistent with the policies of growth and development for New Hanover County in that it is in an area that public services are existing in~'such capacities as will accommodate the anticipated use of the property. The rezoning of the subject parcel will be • compatible with the existing and anticipated future land uses in the area. The intersection of Porters Neck Road and U.S. Highway 17 is, in fact, and in practicality, a commercial node and will `:~, continue to be developed as a commercial node as the anticipated Northern Outer Loop Bypass is constructed. When fully developed, the property and the commercial node in which it is located will provide essential commercial services to the intensely developed residential areas lying east of U.S. Highway 17 without significant encroachment into or detriment to those residential areas. Finally, under the current New Hanover County Zoning Ordinance requirements for construction and activities in a B-1 zone and, in particular, with this property lying within a Highway Overlay District, the County will be able to maintain strict controls over the development of the property including landscaping and tree protection, buffering standards, signage, parking and other development activities. • 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? Recent expansion of the County sewer to the property will provide additional needed protection of the groundwater and other ~ natural resources in and around the subject property. The natural contour of the property and the state and local stormwater runoff regulations will provide needed protection against unobstructed service water runoff from the subject property and, therefore, will result in little or no detrimental impact on the surrounding ~~ properties or watersheds. The property is not located on a barrier island nor in an ocean erodible area, high hazard flood area or ' inlet hazard area and, therefore, should not be subject to the same development concern and restriction as other properties located on barrier islands or in the immediate vicinity of watercourses. f 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? 45 The subject property abuts U.S. Highway 17'(Market Street) near its intersection with Porters Neck Road. U:S. Highway 17 is now recognized, and will continue to be recognized,- as a major thoroughfare. Over the last five (5) years there have been a number of rezonings within the immediate vicinity of the subject property. The rezonings have' generally been changes from residential zones to either business or industrial zones. The- property is in an area which is quickly being developed and which will continue to be developed in the immediate futur.e:~~ Porters •~ Neck Plantation is a residential 'area lying within two miles east - of the property and is currently being• heavily developed as . residential. The planned Northern Outer Loop Bypass will .intersect U.S. Highway 17 at or near the intersection of Porters Neck Road with U.S. Highway 17 making that intersection an' attractive intersection for commercial development and will become the~last . commercial intersection traveling north on U.S. Highway•17 in New - Hanover County. Due to the current development adjoining and in the immediate vicinity of the property,. and the impending ~ ~. reconfiguration of the intersection in connection with the DOT development of the Northern Outer Loop Bypass,, the property is ' unsuitable for residential usage,' as currently zoned. Commercial ' zoning of the subject property would be more compatible with the current, and future, uses of the property in the vicinity of the subject property. r 46 .. PETITION SUMMARY SHEET ~~ 1 Petition Number: Z-556, 11/95 Owner: J• Rusher Representative:- Jeffrey Keeter ~~ ~ Request: R-15 to B-1 Acreage: 5. 6 Taz ID Number: 28 Location: Market St. ~~ LAND USE, ZONING, UTILITIES and SERVICES • Land Classification: Resource Pro ion Existing Land Use: Vacant Zoning History' .' Area originally ZOnPd .Tlll ~[ 1 X71 Nnmarnnc frar-f-g ~% ~ nearby rezoned commercial in last few .years. 1 ~~r Water Type: ~~Well Fire District: Ogden Road Acccss: US 17 School District: ,~~ Blair Sewcr Type• County Rccresttion: R1 ~ i r Nnhl a Volumc: ~n, nnn~ AnT `~~~~ MISCELLANEOUS PHYSICAL CHARACTERISTICS ~~ t~, Pages Creek (SA) Watershed andWater Quality Classification• ~~ Aquifer Recharge Area: Primary None Conservation Rcsourccs: Historic Landmarks and Archeological Sites: None ~} Soil Type(s) and Class: Leon (Le) and Lynn Haven (Ly) Limitea~ due to wetness ^ ~~ ~ Septic Tank Suitability• Prime Agricultural Soils: None Building Suitability• _ Some limits due to wPt-nPSS 1 1 r f ~~, REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: SD Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 6 Contact: Pete Avery UBJECT: Special Use Permit - S-378, 9/95 BRIEF SUMMARY: Request vy CDG Associates to construct a 16 slip community Uoating facility at the northeast end of Towles Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. FUNDING SOURCE: Federal S: State S: County S: User Fccs S: Otltcr S: A'Ioncy Is In Current Budget: Nett' Appropriation Rcqucst: Budget Amendment ~Prcparcd: ~2EVIEWED BY: ~ ' LGL: F1N: BUD: HR: COUNTY MANA ER' COMMENTS AND RECOMMENDATIONS• ~~~~ e~ Q~ ~rnn ~~~~ !f (`~ ~~ ~~~ed~ ffi t~~JYUb91,Nh~i~~~llt~N-~4~ Refer to Office Vision Bulletin Board for Disposition 49 Item D S-378, 9/95: Request by CEG Associates to Construct a 16 Slip Community Boating Facility at the Northeast end of Towles Road. (Note: The applicant proposes to construct 16 slips. This facility willsbe linked to-proposed 13 unit subdivision on adjoining property and 3 existing lots along Towles Road.) Planning Board Summary The Board voted unanimously to recommend approval of the applicant's request. No special conditions were applied. The discussion was limited, focusing primarily on the relationship of the facility to the planned subdivision, access easements and the types of environmental permits needed. Staff advised the Board that the subdivision that would be linked to the facility had not yet been approved, but would more than likely be approved before the County Commissioners meet. There was no opposition. Preliminary Staff Findings ~ ` 1. The Board must find that the use will not materially endanger the public health or l,J' safety if located where proposed and developed according to the plan as submitted and approved: A. Remnants of a smaller facility consisting of a small dock and boat ramp are evident. These are part of the existing boat repair facility on the adjacent high ground. B. Permits from both the Corps of Engineers and Coastal Management will be required. Some high ground excavation is proposed, though that disturbance wouldn't necessarily affect public health. C. The site is located in the Seagate Volunteer Fire Department District. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Community boating facilities are permitted by right in the R-20 Residential District. This site is zoned R-20. ~ _ _ ° ~ • B, The applicant will need appropriate environmental permits for the construction of this facility: C. The facility will be linked to a planned residential community and existing lots on adjacent highlands. A preliminary subdivision plan for that is pending. The. plan submitted shows 13 new lots will be provided.. The other thiee lots are pre-existing parcels along Towles Road. The Ordinance prohibits having more boat slips than lots. .' ' D. Each lot or lots will,be conveyed access.to the facility. E.. No commercial activities are planned. F. Off-street parking is required at a ratio of one space per boat slip. The applicant proposes to use a small,off-street lot in addition to the normal parking at each individual residence.. ,~~~~: 5~The Board' must find that the use•will not substantially injure the value of adjoining or ,~ a,, . ~. . ~. ..:.A.,.r .. ~ ..~.,~. ~ d~ _ ,. ~ _ r w r r t i t i ~. r abutting property or that the use is a public necessity. - A. Community boating facilities usually enhance the value of adjoining properties. B. Similar facilities are located nearby and are common along waterfront communities. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with plan of development for New Hanover County. A. Similar facilities are located throughout the area: B. Boating facilities like the one planned for this site are commonplace along the Intracoastal Waterway. ~ . 51 What You IVlust Establish For A ~} Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, ,pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) ... General Requirement #I. The Board must find "that the use will not materially endanger the public health oi• safety if located where pro- posed and developed according to the plan as submitted and approved." - Statemen! by Applicant: , PROPOSID DEVELOPMENT IS ttITHIN ZONING RESTRICTIONS OF SIIRROUNDIHG PROPERTIES. General Requirement #2 _ The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance:' Statement by Applicant: • KE HAVE •tTNDERTAKEN :THE:PROCESS OF DOKN SIZING::THE %• ZONIttG ~FROH •I~ ~TO• R-20. General Requirement #3 . The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." Statement by Applicant: _ . _ VALUE OF ADJOINING AND OR ABDTTINC SOULD BE:ENIIANCID BY BEHOVING THE I ZONING KITHIN THE R-20 PROPERTIES. General Requirement #4 The Board must find "that the location and character of the use if developed.according to the plan as submitted _ and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." Statement by Applicant: APPROVAL WOULD BE IN HARHONY KITH THE AREA IN THAT THESE PROPERTIES ARE ZONID R-20 AND HAVE COt4fUNITY BOATING FACILITIES. The Zoning Ordinance in some instances, also imposes additional specific requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each specific requirement found in section 72~ (as applicable). He/She should also demonstrate that the land will be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commis- sioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certify that all of the information presented in this application is accurate to the best of my knowledge, informs- ~' tion, and belief. 52 ~ ~~~~~ Signature of Applicant and/or Owner r~ PETITION SUMMARY SHEET ~~ Petition Number: S-378, 9,195 Owner Richardson Coro. Representative: CEG Associates Request: Community Boatincr Facility Acreage: 2.75 ,~; Tax ID Number: 6300 Location: Towles Road LAND USE, ZONING, UTILITIES and SERVICES ~~ Land Classification: Resource Protection, Conservation Ezisting Land Use: Boat Regai r - Zoning History• ~ Area originally zoned December ' 15, 1969. No ., rezoning nearby. ~~ . Water Type: Community Sewcr Type• County .~~ Fire District: Seagate Recreation: Wrightsyi 1 1 P Reach li+ Road Access: Towles Road - Volume• Unknown School District: Bradley Creek ~~ MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Greenville Sound (SA) Aquifer Recharge Area: Outside Primary and Secundary Area Conservation Resources: Salt marsh, Primary Nursery Areas Historic Landmarks and Archeological Sites: None `', Soil Type(s) and Class• Primarily La • kPl and Septic Tank Suitability: N/A County sewer planned ~~ Prime A ric ltural Soils: None S u Building Suitability: Some limi s • ,LJ This page intentionally left blank - .. 54 `! REQUEST FOR BOARD ACTION Meeting Date: 12/04/9 r 1 s 1 II it ~~ Regular Item #: SE Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 7 Contact: Pete Avery SUB.TECT: Special Use Permit - 5-382, 11/95 BRIEF SUMMARY: Request by Bob Jamieson et al. to construct anon-residential off- street parking lot in the R-15 District. The property is located on the south side of Wrightsville Avenue 350+ feet west of Stokely Drive. 12ECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval. FUNDING SOURCE: Federal S:. State S: County S: User Fces S: ~ Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: BOUNTY MANAGER'S COMMENT AND RE OMMENDATIONS• ~~~~~~ ~~ ~;e~ra • Refer to OtTice Vision Bulletin Boazd for Disposition Item E 5-382, 11/95: Non-residential off-street arkin P g The applicant seeks to construct a sixty (60) space non-residential off-street parking lot on the south side of Wrightsville Avenue between Stokley Avenue and Allen's Lane. The parking lot is intended to serve a planned office building located on the adjoining lot to the east, which is also located within the Town of Wrightsville Beach and subject to their planning~and zoning regulations. The parcel is one of several pieces of land west of the Intracoastal Waterway annexed by the Town in the 1980's. The once building is to consist of two stories with approximately 16,800 square feet.. It is zoned C-5 and would permit the uses planned for the, building. Planning Board Summary The Board voted unanimously to recommend approval the applicant's petition. No special conditions were applied. There was limited discussion, foucsing primarily on the plan's compliance with zoning standards. There was no opposition. Preliminary Staff Findings 1. The Board must find that the. use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The site has direct access to Wrightsville Avenue. B. No special water, sewer or related services are needed for the normal function of a parking lot. C. The site is located within the Seagate VFD District. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Non-residential off-street parking is permitted by special use permit in the R-15 Residential District. The site is zoned R-15. a B. Access will be provided through the principal use,site. C. No access is planned through any residential area. •- D. Access will be placed along the common boundary of the principal use. ~ ~ ,~ E. The site is adjacent to the principal use site for over Z00 feet. F. No point of the parking lot is more than 200 feet from any and all points of the non-residential boundary. _ G The site is not closer than 50 to any other street right-of--way other than that to which the principal use is adjacent. ~ - - ~ - - -- H. The parcel will be under the same ownership as.the principal use. . I. The minimum 10 foot buffer required is illustrated on the site plan. J. No information concerning site lighting is provided. K. The building~id~ent~fic ti'on sign`would:not be permitted in the area zoned R-15. dw ~~'~d~~=~ ~(~'he Board` must°Gnd that~th'eMu~se~will not substantially injure the value of adjoining or a 1 1 1 1 1 1 1 1 i~ !1 '~~ II 1 ~s u abutting property or that the use is a public necessity. A. There are numerous non-residential uses in the area with small to mid-sized parking lots. The largest of these is located to the northwest at Plaza East Shopping Center. Others in the area include Cross Pointe Plaza, the ABC Package Store, Taco Bell, Slaters and a bank. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with plan of development for New Hanover County. A. There are several parking lots in the general area, catering to a wide range of commercial activities. B. A similar special use permit was issued for a parking lot on Airlie Road. 57 The three parcels utilized fro parking will be combined with the parcel~for the building (principle use) so that parking will be available to support the building use. - • A 10 ft. buffer from all residential properties is .provided in the site plan to meet the provisions of Article VI, Section 67. ` All lighting will be located and designed so as not to reflect directly onto residential properties. In,. addition, most of the large trees will be left on site ' to help shield lighting from nearby residential areas. C:EN ~. A R ~IIRF.MENT #3 The site•plan is designed to enhance'the surrounding properties. The preservation of the trees and extensive . landscaping will also add value to the azea. The new building and capita! spent on this project will benefit not only this site, but also the surrounding properties. • The principle use site is zoned C-S Commercial District which is established to permit light to medium neighborhood commercial use. This project will be designed for offices or an office/retail mix that is allowed within the C-S permitted uses. The adjoining property to the east is Cross Point Shopping Center of which this project would be in harmony as it would with the properties . directly across the street (ABC store and TACO Bell). Most of the property to the cast along Wrightsville Avenue and across the street to the north is zoned B-1 or B-2 by New Hanover County. • It is the desire of the developer to preserve and protect as many of the large trees on site as possible, much as .vas done at Bradley Oaks Professional Park at 6317 Oleander Drive. These trees help maintain the character of the area. Such an approach is in keeping with the Resource Protection land use classification described in the 1993 Land Use Update Plan as well as being in keeping with the intent of the Airlie Road study/plan performed by the New Hanover County Planning Department a number of years ago. . • The fact that this site plan has preserved many of the large frets on the property, adhered to all required setbacks (surpassing most), surpasses all landscaping requirements, and adheres to the County's planning policies, we believe that it is in harmony with the community and in conformity with the plan of development for New Hanover County. 58 ~~~ 1 PETITION SUMMARY SHEET Petition Number: S- 3 82 , 11/9 5 Owner Southerland & King Representative: Jack Kilbourne • Re uest• Non-residential off street ~crg 1.41 q ~'~` ' Tax ID Number 5713 Location:.7040-7102 Wrightsville Ave. ' LAND USE, Zi • Land Classification: ' Existing Land Use: Zoning History: •• Area ' '• parcels annexed by 1 Water Typc: Community Sewer Type• County • Seagate Recresttion: 4rightsville Beach Fire District: Road Access: Wrightsville A, e . Volume• 14 , 600+ ADT School District: Wrightsville Beach _ ~NING, UTILITIES and SERVICES • Resource Protection Residential originally zoned December 15, 1969. Several nearby the Town of Wrightsville Bch, and zoned commercial. MISCELLANEOUS PHYSICAL CHARACTERISTICS i~ i~ i~ i~ Watershed andWater Quality Classification• Greenville Sound SA ~~ Outside Primary & Secondary Area Aquifer Recharge Area: Conservation Resources: None Historic Landmarks and Archeological Sites: None Soil Type(s) and Class: _ Septic Tank Suitability: . Prime Agricµlturxl Soils: Building Suitability:- C1ass~II, Slight limits 59 Baymeade (Be) None Few limits ~ 9 ~ ~ .~ Y 7 - ~ of ^Pl a ~ 3 ~oL .. I ~/.~3 of 9y M V Y. ".:.0 Y Z L ~_ S ~ a yyZ' S.Z~~~o '~ :~ CAD < p V ~ ~b•~~'~ a h g .. 6! v ~ ~ ~ 0~3 Cj v ~ • ~~ ~, z ~ . , os ,., :.~ }~ •~n, ~ , N ~ Vr z :. ~ ~_ ~ ~ g s ~ I .•`I .~ i ~ ~ ~ .. ~ -- ' r ~ .~~ .~( ~~ ~' ~~ ~~ a ~~ '; L ~ ! i0/ r C _Q . ~\ -- o ° - . ~~ ~ ~ ~ ~ ~ t ~~ Ij~~nT, 4~1 tT ~'r ~' ~ _N E ' 3 _i. i_ I _ ~} _...f I .. _ ~- i ~ ~ I ~:: ~ d ~. a ~~ '~•!s ,•~~ ~ ' ~ '. I I ~. ~ ~ ~ K - ~ I ~~i M ~~ ~ ~ ~~ , i a $ a I I •.. i~:. ; I ~I I~ o a y. ,~ I I ~ ~~ l i . ~ .I _ 9 1 ~ _ ~,~~ ~ Z ._ _ off; I ~~ J r .. ~' ! I lu` ~ ~ ~` ~ ' I I ,N ~N ~~I 60 REQUEST FOR BOARD ACTION n~Ieeting Date: 12/04/95 ~~ II i~ i~ '~ i~ u Regular. .Item #: SF Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 2 Contact: Pete Avery SUBJECT: Subdivision Appeal - SA-15, 12/95 BRIEF SUMMARY: _ _ Request by C. Creasy of the Snug Harbor Homeowners Association to eliminate a planned road connection between Covil Farm Road in Covil Estates Subdivision and Hawk Road in the Cedars at Gorman Plantation. RECOMMENDED nTOTION AND REQUESTED ACTIONS: Planning staff recommends that the appeal be denied. (See attached comments) FUNDING SOURCE: Fcdcrai S: State S: County S: Uscr Fees S: Othcr S: . 1lioncy Is In Current Budbct: Nc~~• Appropriation Rcqucst: [3udgct Amendment Prepared: REVIEWED BY: LGL: FIN: ~ BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATION ~1~~~~~ C ~~ ~~ ~cYUb ~ bw~e4~C;'1~.'~j~J~{j~l'~U!:1 e, -~a~~_. Refer to Office Vision Bulletin Board for Disposition Item F Chronology of Issues and Concerns Relating to the Covil Farm Road Connection to Middle Sound Transportation problems were identified as the main issue that needed to be'addresseii in the 1986 Land Use Plan. The residents of Middle Sound/Ogden listed traffic congestion as their biggest problem in the_ Neighborhood Plan, for Middle Sound/Ogden "Future Directions". ~ _ . :~ Recommendations in the Plan adopted by the County Commissioners in May, "1987 stated that the second most urgent need after widening Market Street would be to establish an alternative access for Middle Sound Loop Road. Maps indicating potential connections were shown in the Plan. Subdivision developments on the north side of Howe Creek and its tributaries were required to locate a road connection at a suitable creek crossing for future access to Military Cut-off. Landmark Developers in platting the~Cedars at Gorman Plantation dedicated.a street right-of--way to Cores Branch as part of their subdivision approval in 1994. . ~ n. L Dallas Harris in receiving preliminary and final approvals for Covil Estates Subdivision agreed to complete the connection to Military Cut-off within two years of the approval date. The two-year time limit expired on April 13, 1995. Today, traffic and transportation needs are even more pressing than they were in 1987. Although some improvements have been made to Market Street, a critical need still exists to provide alternative access roads into Middle Sound. Residential developments on both sides of Howe . . Creek have been proceeding at astounding rates in ,the last few years. ~ ~ _ . The few connections that have been provided through existing subdivisions are carrying the brunt' of the traffic. El Ogden h`as particularly been impacted by connections into the Cedars. ~ Traffic safety and. emergency response time can be substantially .improved by providing-alternative access routes into the Middle Sound neighborhoods. Planning staff urges the Commissioners to .retain the connection_:into Covil Farm Estates consistent with.the. neighborhood and..subdivision plans approved for that area. ;, 62 ~..o. _ .~ _ _._- / `~ ~' ' /I` 1~ ~ ~~ ~. , ,.. .. / ~~~'~! '~ ~ , i iy i ~ ' ~;' ~/ ,%~~\\ .~ ~~ /~~; \y ,~ Imo. ~L ~~;~ ~~ • ~} r f ~f \ ~ ~_ i •`~ F`~ `I 4_.JI • ; ; ----a ~•,~ ~ ~ tom- i i ~; ~~ ~ ~ ~.' /~ F\ ~~~ '• rl 1 h ~~ ~ ~`-`-i `~ % : ~ . ~ _ ! , ~ _- , - _ „--,SST R~ ~-7-~ ---- , r r- ~- ~ J ~ grboretum /_~• ~• ~.i_t r r • . ~ .,. •, ~'• ; <' i ~ • : • ; fir' ~ ! ~`~ ii ~, '` ~~\. ~ 1~;\ J/ ~•.~^ ~ `~~\~~f\\/. y\ % ~ j ~• '~ •~~ / ~ ,' ~ -~ ~~• - ~~~ ,• . ,\ ~~~~ ; .~ ~ .~i'•\ , ' ~ ~~~- ~ T`i ~~ •i ~. ,•_ ~ ~ , i ~\ ~O- - I 1 `~ / ~ ~ ~ 1 ~ `. / ` , --- `\~ ~ •. T. _ ~-..-++_.. %~ `\ ' -~, ~ ,~ ` v ~ ~, :. ~~: > >;, ~ :.. ~,~ . \. j• 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: 6 Consent Item #: Additional Item #: Department: Emergency Management Presenter: Allen O'Neal Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Discussion/Consideration of Staffing and Equipment Plan for 421 North Fire District BRIEF SUMMARY: Recently there has been much discussion on the possibility of staffing 421 North. The Board agreed at the last meeting for the item to be discussed. The attached material and outline summarizes activities and proposals to date , RF~OMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Federal S:. State $: County $: User Fees $: Other $: Money [s In Current Budget: New-Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: BUD: HR: ~ a.A •L 1~!'1 L' l lJ l~ll~l L' ~ l ~L l\ R ~l L' \L Hear presentation an nst r information presented. Staff is seeking direction from the Board of Commissi ~ - -- ;-~~ ~~ ~s,,e. y.,elie.,+l'.i~Y^li~;a,obF",~1 65 ~~~! 2 I ~ l ~-i S- ~a-uw 2~- iMofiu>7: Mee:-E ,,v/ ~o ~ re~s -I-n d i 5 Gcc s s C.c,o pe ra.'~i V'2 Refer to Office Vision Bulletin Board for Dispo ition Q_r ~ - , . S e Y U i C~2 r-F-C/r'`t'S Hwy 421 North Fire Protection Service Discussion - .~. - _ ~ December 4, 1995 - . ._ - .. .TOPIC:. Discussion and Consideration of Staff and Equipment to re-establish local fire protection for the 421 North Fire District. BACKGROUND:.. f _ + Y ' `In April of 1994 the Board of Fire Commissioners received a written report and presentation from, the Consulting firm of Emergency Response Planning and Management, Inc.(ERP&M). Mr. Dave Palmer, Principal of ERP&M provided information on the high fire risk associated with the 421 North Industrial Corridor. Recommendations were also presented for equipping and staffing the 421 North Fire District. In June of 1994 the. Board of Fire Commissioners held a joint work session with the New Hanover County Board of Commissioners to hear and discuss the findings of the Consultant's Report. The County Commissioners accepted the report with no action directed to the staffat~ that time. - -: ., .. _ _ In January of 1995 the Board of Fire Commissioners requested that the County Commission tike another look at the consultant's report for action and/or guidance. It was d_ uring this period that the issue was deferred in light of upcoming consolidation discussions. DISTRICT STATUS: Presently,.fire.protection services are .being provided by the.Winter Park and Wrightsboro - ` Volunteer Fire Department's under the terms outlined im the existing annual service contract ~~ between the County and the respective volunteer fire departments. - C . . { "• .. w ... .. .. .... -«... ... ...r FACILITY STATUS: . ;.. ._ . _._ ~ . The fire station previously operated by the North Wilmington VolunteerFire Department is . . owned by Hoechst Celanese (-Cape Industries). The station building is in need of repair and.. renovation to meet fire code for overnight response'personnel. Presently, Hoechst Gelanese1also -` uses the building-for storage and the bay area for• hands-on training.' The station building is in ' ' the ideal location for the response district. Mr. Bob Mack from Hoechst Celanese has indicated to us by phone that~tlus~company rernauns,. interested in allowing the facility to be re-established as a community fire''station. ~ ' ~~ i ~~ Highway 421 North Continued: EQUIPMENT AND STAFFING RECOMMENDATIONS: Staff has reviewed the 421 North Consultant's Report and makes the following preliminary budgetary estimates: • First-Out Response Vehicle and Minimal Equipment: First-out Truck: 1250-1500gpm,1000ga1 tank with booster and foam capability on commercial chassis, demo or in-stock unit. Standard fire equipmrnt including but not limited to: PP Fans, hand lights, hand tools c~~tinguishers, valves, and SCBA supplies sirens and radios etc. $140,000.00 First-Out Pumper-Tanker Combination and Minimal Equipment: Pumper Tan}:cr combination: Quick Water Dump capability with 750-I OOOgpm ~~~th 1250 booster tank, demo or in-stock unit. Standard fire equipment including but not limited to hand lights, hand tools, hose, extinguishers, nozzles, ladders, siren, and mdios etc. $135,000.00 Quick Response Vehicle and Minimal Equipment: puick Response Brush and Utility vehicle: Fow-~vhcel drive capability with minimal cquipmrnt and skid mount type tanl: and pump design. Radios, hand cquipmrnt, tools, etc. ~ $ 40,000.00 Building Renovation, Facility and Equipment Maintenance: Building Renovation for fue code for overnight quarters, office, bay, kitchen and restrooms and minimal training/classroom space. Approx 400 sf, 65/sC. Utility Cost, Phone & Radio. $ 30,000.00 Salaries, Training, and Personal Equipment: Fire Fiehtcrs 14 Fue Fighters at or near the level II certification. Funds for pay pa call volunteers. Average cost per firefighter 524,000 per year plus estimated 3.0% annual merit. Estimate for period only from Jan.96 thru Junc 96. $16$,000.00 Traininst and Physicals: 52,000.00 1st year per fu-cfightcr. Pensions and Physicals approaimatcly 5200.00 per year per fucfighter. Estimate for period only from Jan. 96. thru June 96. $ 19,600,00 Personal Equipment: Fire Fighters requued protective clothing included but not limited to: Self Contained Breathing Apparatus (SCBA), Protective Clothing, ~ and reserved SCBA bottles and mask. $ 40,460.00 Insurance: Inswance and Related Cost: Including but not limited to Building and Land, Velvcles, Equipment, Pollution and Personnel; eta. $ 19,000.00 TOTAL ESTIMATED COST 1/96-6/96 $592,060.00 The budgetary estimates noted above assumes a fast track of staffing and building occupancy. 67 Highway 421 North Continued: FUNDING: .. ~ ~ ~ .. Adequate short-term funds are available from the Fire Service Distiict Fund, fund balance: ' Obviously, usage of the fund balance is only temporary and a'Fii•e Service District tax increase would be necessary to sustain operations. ~ ~ ' . ' ~ ` ..v t.. PROPOSED TIME LINE: Function/Project Begin m 1 Fire Service Administrator Currently Advertising ~ ' ~ 2/96 ~ . - Station Renovation ~ 12/95 4/96 ~ • ~ ' Equipment and Apparatus Acquisition* 12/95 - ... , ~ - 2/96: ' Personnel Recruit and Hire 12/95.. ~ ~ 2/96 Minimal Operations for 421 North 3/95 ~ 8/96 ,, - , * Apparatus Acquisition assumes the purchase of a demonstrator or,slightly used apparatus. This time line does not allow-for the development of a custom built apparatus. 1 1 e B 1 1 1 1 e e e NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 . WILMINGTON, NC DECEMBER 4, 1995 .6:30 P.M. ITEM NO. ITEMS OF BUSINESS 1. Approval of Minutes rVls 3ar~+-~, 2. Election of Chairman and Vice-Chairman, Wanda M. Copley, County Attorney, Presiding 3. Approval of Sewer Line Construction Contract Teal Trace contract #96-0183 and associated budget amendment ~cr~-oo~/l 4: Approval of award of contract for surveying and drafting services to Century/von Oesen for $19,740: contract. #96-0179 a--n~ ct~t~~-~-cc-e ~-~~-~~ ~/~~"~ ~~ a ADJOURN PAGE NO. 71 73 91 . 69 1 t ~. it ~i i I~~ i 1~ ,, e REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Zegular Item #: W&S 1 Consent Item #: Additional Item #: department: Governing Body Presenter: Lucie Harrell ?age Count In Agenda Package: Contact: Lucie Harrell SUBJECT: Approval of Water and Sewer Minutes BRIEF SUMMARY: Approve the minutes of November 20, 1995 RECOI\'fNiENDED 1VIOTiON AND REQUESTED ACTIONS: Approve rriinutes FUNDING SOURCE: ~cdcral S: State S: County S: User Fccs S: Otlicr S: lioncy Is In Current Budbet: ~ New Appropriation Rcqucst: 3udgct Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMT~iENTS AND RECOk~iMENDATIONS: ~~~~~ - tJ~ivfa~ d l: .iwartlue:~.`1/rtla~'tloLEg ~~'~~____l?-~~ (mss . ~~_ Refer to Office Vision Bulletin Board for Disposition .. , . ,_ , _ .. _. _ ... a ~~ ~~ ~~ 72 ~,,i. ; r .v ~ • O e 0 ~ I~ REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: W&S 3 Consent Item #: Additional Item #: Department: NHC Water & Sewer District Presenter: Wyatt Blanchard Page Count In Agenda Package: Contact: Wyatt Blanchard BJECT: Sewer Line Construction Contract Teal Trace -Contract Number 96-0183 BRIEF SUNil~iARY: The referenced proposed contract is for the construction of approximately 600 feet of sewer-line which will serve the new Winter Park School and will remove a sewer pump station from service. We requested and received the following proposals: Rivenbark Construction Company $ 37,200.00 ' Webcon $ 37,651.50 T.A. Loving $ 42,500.00 0 1 A budget amendment is also enclosed RECO~`(iV[ENDED MOTION AND REOUESTED ACTIONS: I recommend that the referenced contract in the amount of $37,200 be awarded to Rivenbark Construction Company and the budget amendment # 96-0081 be approved and in addition, authorize the Chairman to execute the contract. FUNDING SOURCE: Fedcr:tl S: St:ttc S: Count}• S: User Fccs S: Otltcr S: 1V1onc}• Is In Current BuJgct:no . Nc~v Appropriation Rcqucst:}•cs Butlgct Amendment Prepared:}'cs 1 REVIEWED BY: LGL: ~ FIN: BUD: HR: ~I ^ ~ l ~ NTY MANA ER' iVTMENT AND RE MMEN A N ~ Recommend approval of contract and budget amendment. I~ 1~ ~(Mgr F.n nh r.~~~n, ^ l~/dy.r~A ll 6 l~f'erYBeY~Y$~J~,iY1~yUf~.O~~ i ~l~99 Refer to Office Vision Bulletin Board for Dispositionb~~=1 2,1 ~ ~~ ~l(iyy~ New Hanover County Contract # 96 - 0183 NORTH CAROLINA - CONSTRUCTION A REEMF.NT NEW HANOVER COUNTY -. ,.- THIS. CONTRACT, made .and entered into .this -` ~ day of _, 1995, by and between, NEW HANOVER COUNTY WATER AND SEWER DISTRICT, a body politic and corporate of the State of North Carolina, hereinafter referred to as~"District", consisting • of the•.major portion of the unincorporated area of~New Hanover County, hereinafter referred to as "County"; and RIVENBARK CONSTRUCTION COMPANY, a North Carolina corporation; hereinafter referred to as "Contractor"; W I T N E S S E T H: That the Contractor for the consideration. hereinafter f.ully• set out, hereby .agrees with the District as: follows:` ~ • 1. Performance. Contractor shall furnish ,all ;labor,, materials and equipment and shall perform all work in the manner and form as provided by the following enumerated specifications and documents, which are attached hereto and made a part hereof .as if. fully.contained herein: .Plans and Specifications, and Insurance Certificates for Workers' Compensation, Public Liability and Property Damage, for, the project. more' fully described therein and generally described as: Construction of approximately six hundred (6.00) feet of gravity sewers, manholes and appurtenances in .strict; accordance with Contract Documents for wastewater collection system for the New Winter Park School Project, attached•hereto as Exhibit A and incorporated herein by _ ~ . - n~~,}} ~ ~~ ..d ~ lar,..wl9 y s" ~~+~~ 2.- Time of Performance. Contractor shall commence work within ten (10) calendar days after .execution of this contract; provided that, if •District specifies a Notice to Proceed, Contractor shall commence work on the date indicated in the Notice to Proceed. i 2.1 Delay in Authorization to Commence Work. If, through no fault of Contractor, District's authorization to n w rk is dela ed later than the ninetieth (90th) da comme ce o y Y after the bid opening date or the thirtieth. (30th) day after 'Contractor's delivery of the executed contract to District, Contractor may terminate this contract. 2.2 Required Completion Time. Prior to commencing work, Contractor shall give District a construction schedule broken down into calendar days for-the various division or parts ~ of work. Contractor shall complete all work on the project within ninety (90) calendar days .after the beginning date.. If ~ ~ Contractor fails to complete all work within the required and ~ specified time, District may at its option either terminate this i ~~ contract pursuant to the procedures specified in paragraph 11 herein, or assess liquidated damages against Contractor. In the j~ event District exercises its option to assess liquidated damages, Contractor shall pay District One Hundred ($100.00) Dollars per I~ day for each consecutive calendar day following the scheduled I' completion date that the work or performance, herein contracted ~,~ I for, remains unfinished and incomplete. • It is understood and I~ greed by the parties hereto that time is of the essence of this ~® contract and that the sum of One Hundred ($100.00) Dollars er ~® l5 ~~ day represents. the actual damages .which the District will have sustained by failure. o.f..Contractor to .complete the work within the specified time and'is agreed upon as liquidated damages;-that the provisions for damages are a. bona fide provision for such and are not a penalty. It is understood and agreed that if the work herein contracted for is not completed and finished as scheduled herein, the .District will have sustained damages and, therefore, the provision for liquidated and. agreed upon damages has been incorporated in this contract as a provision beneficial. to both parties. . 3. Contract Amendment and ~ hange Orders. ~ No modification-or rescission of-..this. contract shall be effective unless ~evicienced by a writing signed by ,both .parties and by '.the surety to this contract. District may-issue change orders, which are defined as written orderer to Contractor approved by the Board of District Commissioners, authorizing an addition, deletion or revision ' in the work or an ' adjustment-• in the contract price or the contract time. 3.1 Extra Work. Contractor agrees to perform such reasonable extra work as- may be ordered in writing by •District. District agrees to pay Contractor, upon Contractor's presentation of itemized cost statements, for extra work computed as follows: (a) ~ labor used at actual payroll charges therefor; (b) actual payroll charges for--'~ Workers Compensation "Insurance, Social Security and all other payroll charges; (c) an hourly rate, mutually agreed upon, for actual operating hours of equipment us~d; (d) amounts paid by Contractor to vendors, as evidenced by paid invoices, for material purchased and used on extra work orders; (e) cost of bonding, if applicable; .and (f) overhead and profit combined based on fifteen percent (15~) of the total of cost items (a) through (e) above. 3.2 C_h_anctes of the Contract Time. The time limit for completion of the project is of the essence of this contract. If Contractor finds it impossible to complete the work on the project within the originally scheduled time, Contractor may submit a written request for a time extension to Engineer and District Commissioners. The writing shall specify the reasons justifying the granting of the request. Contractor's plea that insufficient time was scheduled shall not be a valid reason for a time extension. If Engineer finds that work was delayed because of conditions beyond the control and without the fault of both Contractor and his or her-subcontractors or suppliers, Engineer shall, with the approval of District Commissioners, extend the time for completion in such amount as the conditions justify. Under no circumstances shall Contractor be entitled to damages ,; against District on account .of delay. 3.3 Notification of Surety. ,Contractor shall be ~~ solely responsible for notifying his or her surety of any changes I ' affecting the general scope of the work or change in the contract I, ~ price, and the amount of the applicable bonds shall be adjusted li accordingly. 4. >?ayment. District agrees to pay Contractor, for I~ 'the full and _faithful performance of this contract, the sum of 1 Thirty-Seven Thousand Two Hundred ($37,200.00) Dollars. ~, 77 ~e~ i. 4.1 Partial Payments. District shall make partial payments to Contractor in lump .sumamounts upon.the successful completion by .Contractor and acceptance by District. of sections of the work, as specified in the contract _specifcations and in accordance with the amounts indicated for each bid in Contractor's bid proposal. From the .total amount determined. to be payable on a' partial payment, .ten- percent . ('10~) of such. amount shall be deducted and retained: by District until :all work has been accepted by District; provided that, if•Engineer determines that the work is on schedule at the halfway point of .the construction schedule, retainage may •thereafter be reduced or discontinued on future partial payments. - 4.2 Acceptance of Final Pavment as Release. The acceptance by Contractor of final payment shall be and shall operate as a release of District from all claims of Contractor ag'ainst• District, except for claims specifically excepted• by Contractor •in stated written amounts. However, no payment, final or otherwise, shall release. Contractor or his or •her• sureties from any obligations under the contract documents or the payment and .performance bonds. •- 4.3 District's Riqht to Offset and Recoup. "` Nothing contained in this section 4 shall be construed to impair District's rights to deduct from partial or final•payments any sums due to District pursuant to sections 2, 5, 7.1, 12 or any other section of this•contract. 5. Contractor's Warranties. Contractor makes the €~lowing warranties concerning the materials, equipment and work (~ t e e 1 I~ ~ ~. I I~ I furnished pursuant to this contract. 5.1 Warranty of Title. Contractor warrants that title to all work, materials and equipment covered by a request for payment, whether incorporated in the project or not, will have passed to District prior to the submission of the request for payment, free and clear of all liens, claims, security interests and encumbrances. 5.2 Warranty of Materials and Equipment. Contractor warrants to District that all materials and equipment furnished under this contract will be new unless otherwise specified, will be of good quality and free from faults and defects, and will conform with .the contract documents. Contractor warrants all such materials and equipment for a period of one (1) year from the date of District's first beneficial use or occupancy of same. 5.3 Warranty of work. Contractor warrants to District, for a period of one (1) year from the date of District's first beneficial use or occupancy of same that all work performed under this contract has been performed in a workmanlike manner, so as to meet the standards of workmanlike quality prevailing in North Carolina at the time of construction. 5.4 Warranty Aaainst Maior Structural Defects. Contractor warrants that all structures constructed under this contract are free from major structural defects. 5.5 Correction of Defects. District shall give Contractor reasonably prompt notice of all observable defects. If Contractor fails to perform corrective work within a reasonable time, District may perform such work and ch~Ae t Contractor for the costs thereby incurred. Contractor's performance bond shall remain in full force, and effect through the•applicable one {1) year warranty period. .. •6. indemnity. Contractor shall indemnify and hold the County; its agents and•"employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Contractor hereunder, resulting from the negligence of~or the willful act of Contractor, his agents, employees and subcontractors. •- 7. Insurance. Contractor shall maintain insurance from'companies licensed to write business in North Carolina and acceptable to District, of the kinds and 'minimum. amounts specified below. 7.1 Certificates and Notice of Cancellation. Before commencing work under•t•his contract, Contractor shall furnish District with certificatesof all insurance required below. Certificates shall-indicate the type, 'amount, class of operations covered, effective date and•expiration date of all policies, and shall contain the .following statement: • "The insurance covered by this certificate will not be cancelled or materially altered, except after thirty (30) days written notice has'been received by District". ~ ~ - - 7.2 •Workers~ Compensation and Employers Liability r n ~ Covering all of the Contractor's employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in tit the amount of $100, 000/500, 000/100, 000. applicable to claims due to bodily injury by accident or disease. 7.3 commercial Ge neral Liabilit y. Including coverage for independent contractor .operations, contractual liability n r the rovisions assumed u de p of this contract, roducts/ P completed operations liability and broad form property damage liability insurance coverage. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work involves these exposures. The policy shall provide liability limits at least in the amount of $1,000,000 per occurrence, combined single limits,~applicable to claims due to bodily injury and/or property damage. District shall be named as an additional insured under this policy. . 7.4 gwners and Contractors Protective Liab~l~ty Insurance. To be issued in the name of District. This coverage ~, shall be provided by a separate policy and written with liability ~ limits at least in the ,amount of $1,000,000 per occurrence, combined single limits, applicable to claims due to bodily injury { and/or property damage arising out of work to be performed under this contract on behalf of the District. i 7.5 Automobile Liability Insurance. Covering all ~ owned, non-owned and hired vehicles, providing liability limits I~ at least in the amount of $1,000,000 per occurrence combined single limits applicable to claims due to bodily injury an~~r 't property damage. _ 8. Bonds Required. Pursuant to Article 3, Chapter 44A and Article •8, Chapter 143 of the North Carolina~General Statutes,~Contractor shall furnish performance and-payment bonds, as herein described: ~~ - a) A .Performance. Bond in .the .amount of one .hundred percent (100$) of the. .construction. contract amount, conditioned upon the faithful performance of the contract~in accordance with the plans, specifi•`cations and- conditions ~ of= the a contract. Such bond shall be solely for the protection of .New Hanover County. - -- b) A Payment Bond in the amount of one hundred ercent (100) of the construction contract amount con i P d boned upon the prompt payment for all labor' or materials .for which•• 'a Contractor or subcontractor is~-liable. The payment bond shall bey solely for the protection of the persons furnishing materials or performing -1-abor •for which a Contractor .or subcontractor is liable. -• - ~ ~ - These bonds shall remain in effect at least until one (1) ~. year after the date when ` fi•nal~ `payment < becomes due . The Performance-Bond and the Payment Bond shall•be•executed by one or more surety companies legally authorized to do business in the State of North Carolina and- shall' become effective' upon `the awarding of the construction•contract. ' •. . 9.' Independent Contractor. .It is mutually understood and agreed that Contractor is an independent•eontractor and not' ~~agent of District, and as such, 'Contractor, his or h`er agents t 1 1 '~1 I~ and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick .leave, insurance, worker's compensation, or pension or retirement benefits. 10. 5,~.~bcontractors. Contractor shall be fully responsible for all acts and omissions of his or her subcontractors and of persons and organizations employed by them to the same extent that Contractor would be responsible for these acts and omissions. Nothing in the contract documents shall create any contractual relationship between District and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of District to pay any money due any such subcontractor or other person or organization, except as may otherwise be required by law. 11. No Waiver of Legs Riahts. Upon completion of the contract work, District will promptly make final inspection and notify Contractor of final acceptance. However, final acceptance shall not preclude or estop District. from correcting any measurement, estimate or certificate -made before or after completion of the work, nor shall District be precluded or estopped from recovering overpayments from Contractor or his surety, or both. A waiver on the part of District of any breach of any part of the contract shall not be held to be a waiver of any other or subsequent breach. 12. Default and Termination. If, through no fault of Contractor, the work on the project is stopped for a perio~ ~f thirty•(30) consecutive days .or more, Contractor may terminate this contract., in which event Contractor .will be paid for materials and equipment supplied and work performed up to •. the date of termination. If Contractor fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Contractor breaches any one of the, terms or conditions contained in this contract and fails to cure said breach within five (5)days of District's mailing of Notice of Default, or otherwise fails to perform the work hereunder to the District's reasonable satisfation, District may terminate this contract 'forthwith. Upon termination, District may, .without prejudice to an action for damages or any other remedy, take the prosecution of the work out of the-hands of Contractor. District may •ent•er into another contract for• the completion• of the contract, or use such other methods as may be required for~the. completion of the contract. District may deduct all costs of completing the contract from any monies. due,: or which"may become due, to Contrac-tor. ~~.., '13. Assignment. The. parties mutually agree that this contract is not 'assignable and shall not be assigned by either pa~rt~y without the written consent of the .other party and the surety to this contract. - 14. Entire Agreement. This agreement constitutes the entire understanding of the parties. " ~ _ 15. Laws To Be Observed. Contractor shall observe and comply with all• ~ Federal and_ State laws, including Department of ~~or, HealtYi and Safety Regulations, and all local. laws, ordinances and regulations which in any way affect the conduct of the contract work. 16. Permits and Licenses. Contractor,,:at no cost to Contractor, shall procure all applicable permits and licenses, including permits and licenses required pursuant to applicable patent and copyright laws; shall pay all charges and fees; and shall give all notices necessary and incidental to the due. and lawful prosecution of the work. District shall bear expense of all such licenses and permits. 17. Non-Discrimination.: Contractor .will take affirmative action-not to discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the project which is the subject of this contract because of race,. creed, color, sex, age, disability or national origin. To the extent applicable, Contractor will comply with all .provisions of Executive Order No. 11246, the Civil Rights Acts of 1964 (P.L. 88-352) and 1968 (P.L. 90-284), and all applicable .Federal, State and. locallaws, ordinances, - rules,• regulations, orders, instructions, designations and other directives promulgated to prohibit discriminations. Violation of this provision, after,.notice, I shall be a material breach of this contract and may result,•at County's option, in a termination or suspension of this contract ~~ in whole or in part. 18. Taxes Contractor shall pay all applicable Federal, State and local taxes,. including .sales taxes on all equipment and materials used in the project. District~j.,s ~s qualified•to' receive all sales taxes paid on the project- as a rebate. Contractor shall submit a statement showing the invoice, sales 't axes paid~to State, sales taxes. paid to.county of vendor's location-, and name .:of county. of all material and equipment .used in t~he~project.. A tax statement shall be submitted with each pay request- and' shall~be accompanied by .an affidavit verifying validation. -. ~ - , 19. ~~nterpretation. All. of the terms and. conditions contained in the contract documents shall, be interpreted in accordance with"the .laws of the State of~.North, Carolina. The cont"ra"ct documents shall be given precedence in the..following order: Agreement, Modifications, Addenda, Supplementary Conditions, Spe~cia~l'Conditions, Instructions to Bidders, -General Conditions, Specifications and Drawings. ~ - ' 20. Deletions of General Conditions. The following General Condi_tions~are hereby deleted: Article~.16. - 21. Not"ices. All notice s• required. hereunder to be sent to either- party shall be.sent to.the following .designated addresses,"or to such-other address 'or addresses as may hereafter, be~ designated by~"either- party by` mailing of written notice of such. change of •• address, by Regist~.ered Mail, Return Receipt. Requested: ~ - . .. `. .• c "- '~ r' 86 e r e ~~ '~ '~ '~ I~ To District: New Hanover County Water & Sewer District Attention: Wyatt Blanchard, County Engineer 414 Chestnut Street Wilmington, North Carolina 28401 To Contractor: Rivenbark Construction Company w Attention: Tim Rivenbark Route 2, Box 69A Bolivia, North Carolina IN WITNESS WHEREOF, the parties have caused. the execution of this instrument, by authority duly given and on the day and year first above written. NEW HANOVER COUNTY WATER AND SEWER DISTRICT [SEAL) "" ATTEST: Clerk to the Board [CORPORATE SEAL) ATTEST: Secretary E.L. Mathews, Jr., Chairman RIVENBARK CONSTRUCTION COMPANY President 87 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director NORTH CAROLINA NEW HANOVER COUNTY Approved as to form: County Attorney I, , a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and• acknowledged that she is Clerk to the New Hanover.Water and Sewer District, and that by authority` duly given and ~as the act of the Board', the foregoing instrument was signed in its name by its Chairman, E.L. Mathews, Jr., sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of 1995. - - -. -~ Notary Public . ~ - My commission expires: NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public of the.State and County aforesaid, certify that personally came before me this day and acknowledged that (s)he is Secretary of RIVENBARK CONSTRUCTION, COMPANY, a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed-in its name by its President, , sealed with its corporate-seal and attested by him herself as its Secretary. WITNESS my hand and official seal, this day of 1995. ~p~ommission expires: Notary Public - .. e . • ~ Budget Amendment . WATER & SEWER DISTRICT t I~ i DEPARTMENT Sewer Operating Fund/ Water & Sewer Engineering ADJUSTMENT fewer Operati g_Fund Appropriated Fund Balance Water ~& Sewer Engineering Other Improvements BUDGET AMENDMENT # DATE EXPLANATION 12/04/95 CREDIT $37,200 To appropriate fund balance for contract 96-0183 with Rivenbark Construction Company for the construction of approximately 600 feet of sewer line, which will serve the new Winter Park School and remove a sewer pump station from service. r~11`"~~0~~~ ~ , (t y v/VIC~~ u.. .. ..ru~4%'~'E•i 1lWJbUI~.~$~~ Fa , Z 96-0081 DEBIT $37,200 For Budget Officer's appr a • hcn report to Commissioners at ne~t~~l r meeting / and enter in minutes. ~/ To be approved by Commissioners. To be entered into minutes. Tllis paa e intentionally left blank ~'~ ~ ~ ,~ ~~90 ~ ~~~ y~~ a. REQUEST FOR BOARD ACTION n~Ieeting Date: 12/04/95 1 A 1 Regular Item #: W&S 4 Consent Item #: Additional Item #: Department: Water and Sewer Presenter: George Shaw Page Count In Agenda Package: Contact: Wyatt B. or George S SUB,TECT: Award of contract for surveying and drafting services to CENTURY/von Oesen for $19,740: contract # 96-0179 BRIEF SUMMARY: The design of the recently approved Motts Creek outfall, pump station and force main will be completed in two parts. The gravity line which will run along Motts Creek to River Road will be designed by County staff once a survey of the proposed route is completed. An Engineering fu-m will be hired to complete the design of the pump station and force main. CENTURY/von Oesen leas a surveying department. A fee of $19,740 has been negotiated with C/v0. This is a reasonable fee given the scope of work required. t RECOMMENDED MOTION AND REO,~IESTED ACTIONS• Authorizes County Manager to execute the attached contract with .CENTURY/von Oesen for ` $19,740 and approve the associated budget amendment #96-27 ~' . FUNDING SOURCE: LI u Federal S: St:ttc S: County S: User Fces S: . Otltcr S: Money Is In Current Budbct:no Nc~v Appropriation Rcqucst:ycs Budget Amendment Prcparcd:ycs REViE~VED BY: LGL: APP WCOPLEY FIN: APP BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT COUNTY MANA ER' COMMENT AND RE OMMENDATION Recommend appro ~~U`" ~~~ ~...•~... ~ ~~.. nn rq ~`; I~r`PP(r Ali r t~1 1i'~iot~ b..~nl~e4ln ~~a~6dUh~~ ~~~o ~~. ~ 4 f ~ ~~ , Refer to Office Vision Bulletin Board for Disposition --- 91 New Hanover. County Contract # 96 - 0179 NORTH CAROLINA .. _ _ AGREEMENT NEW HANOVER COUNTY SEWER DISTRICT, a body corporate and politic of the State of North- Carolina, hereinafter referred to as "District"; and ~,. CENTURY/VON OESEN, a North Carolina corporation, ..hereinafter referred to as "Contractor" W I T N E S S E T H':. ... ,~ lJ THAT the Contractor for the consideration hereinafter fully set out, hereby agrees with the District as follows: 1. Performance. Contractor shall furnish all labor; materials and equipment -and shall perform all .work .for. the projects generally described as: Perform surveying and drafting services as outlined in the attached scope of work, marked Exhibit "A", attached hereto and made a part of this contract as though fully written herein. '2. Time of Performance. Contractor shall commence work upon execution of this contract, and shall complete all work' bn this project withih sixty (60) days from the beginning date. _ 3. Payment...... District -agrees to pay Contractor, for the full and faithful performance .of -this agreement, the sum of Nineteen Thousand Seven.Hundred ,and Forty ($19,740:00) Ddllars upon satisfactory completion. ~ ' 4. ~x~tira~~W rk~ The surveyor shall provide hourly ~l~s for t;w,o..and three .person survey parties and a draf tperson r,,~ THI'S CONTRACT made and entered into~~this day of ,1995, by and between NEW HANOVER COUNTY WATERi AND ~, to perform .additional work not described above. Extra work shall be pre-approved by District. ~~ 5. Indemnity. Contractor shall indemnify and hold New Hanover County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, ~~ including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to ~' the work to be performed by Contractor hereunder, resulting from the negligence of or the willful act or omission of"Contractor, his agents, employees and subcontractors. ~ 6.a Insurance. Contractor shall maintain insurance from companies licensed to write business in North Carolina and acceptable to New Hanover County, of -the kinds and minimum amounts specified below. 7. Certificates and Notice of Cancellation. Before '~ commencing work under -this contract, .Contractor shall, furnish District with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement: "The insurance covered by this certificate will. not be cancelled or materially altered, except after thirty~(30) days written notice has been received by County". ~~ 8. Workers Compensation and Employers Liability Insurance. Covering all of the Cont'ractor's employees ~to be engaged in the work under this contract, providing the requa~~ ~ ORIGINAL statutory benefits under North Carolina Workers Compensation-.Law, and employers liability insurance providing .limits ,at least in the amount of $100,000/500,000/100,.000. applicable to.claims due to bodily injury by accident•or disease:. .• 9. commercial General Liability. Including coverage for independent contractor.. operations, contractual liability assumed under the provisions of this contract, .products/completed operations liability-sand broad form property ..damage liability insurance coverage. Exclusions applicable to explosion,-collapse and underground hazards are to be deleted- when the work involves these exposures. .The policy shall provide~~~liability limits at least in the amount.. of $300,000 per occurrence, combined .single limits,. applicable to claims due to bodily injury and/or property damage. ~ New Hanover County shall be named- as an additional insured under this policy. 10. Automobile Liability Insuranc-g, Covering all owned,-'non-owned. and.~hired vehicles, providing liability limits at least in the amount of $100,000 per occurrence. combined single. limits applicable to c aims due to~bodily injury and/or property damage. - 11. P.xofessional Liability Insurance. The Contractor u will be required to take out-and maintain Professional Liability Insurance providing liability limits'at 'Yeast in-the amount of $200,000. The Contractor will be required to maintain this l~ coverage for a period of at least two (2) years beyond the ~j completion date of this project. u 9 ^ 12. Independent Contractor. It is mutually understood ORIGINAL ~ . . and agreed that Contractor is an independent contractor and not an agent of District, and as such, Contractor, his or her agents ~ and. employees shall not be entitled to any County employment ~~ benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension or retirement ~- benefits. ._ 13. ~~?bcontractors. Contractor shall be fully responsible for all acts and omissions of his or her ~'' subcontractors and of persons and organizations employed by them to the same extent that Contractor would be responsible for these - acts and omissions. Nothing in the contract documents shall create any contractual relationship between District and any ~~ subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on __ the part of District to, pay.any money due any such subcontractor or other person or organization, except as may otherwise be ~ ~ required by law. - , 14. ,Default and Termination. If, through no fault of Contractor, the work on the project is stopped for a period of ~t r thirty (30) consecutive days or~more, Contractor may terminate a this.- contract in which event Contractor will be aid for ~ ~ P I . ~~ materials and equipment supplied and work performed up to the date of termination. If Contractor fails to prosecute the work ~~ with .such diligence as will insure its completion within the !~ contract time, or if Contractor breaches any one of the terms or I conditions contained in this contract and fails to cure said ~~, breach within five (5) days of District's mailing of Notic~~ 1^~ D ~~ - ORIGINAL Default, or otherwise'fail~s•to perform the work hereunder to the District's reasonable satisfaction, District may terminate this contract for.thwith.' Upon termination, District may, without. prejudice to an action for damages or-any other remedy, take the prosecution of the work out•of the hands of Contractor. District may enter into another contract for the completion of the contract, or use such other methods as may be required for the completion of the contract. District may deduct all costs of completing the ~ contract from any monies due or which may- become due to Contractor. - 15. Assignment. contract is not assignable party without- the written surety•to this contract. • T6 . Eritix•e A_ ree documents and specification, of the parties. The parties mutually-agree-that this and shall not be assigned by either consent of the other party and the ~ment. This agreement and the rioted s constitutes the entire understanding IN WITNESS WHEREOF,• the parties have caused the execution of this instrument, by authority duly given on the-day and.year first above written. NEW HANOVER COUNTY WATER AND SEWER DISTRICT [SEAL) ATTEST:` ~~ - rk to the Board Allen O'Neal, County Manager ORIGINAL e r I~ ~_ l~ ~, I " I~ i ~ ~. I' CENTURY/VON OESEN [CORPORATE SEAL President ATTEST: Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. r Approved as to form: County Finance Director County Attorney NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell came before me this day and acknowledged that she is Clerk to tl~e Board of Commissioners of New Hanover County Water and Sewer District, and that by authority duly given and as the act of the District, the foregoing instrument was signed in its name by its County Manager, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this 1995. My commission expires: Notary Public day of 97: ORIGINAL NORTH CAROLINA . jam; COUNTY I, a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that she is Secretary to CENTURY/VON OESEN, a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by herself as its Secretary. {~ WITNESS my hand and official seal, this day of J~ 1995 . Notary Public ~. f~ My commission expires: ~J 98~ n U 1 EXHIBIT "A" OF NEW HANOVER COUNTY CONTRACT #96'-0179 SCOPE OF WORK The work. under .this contract shall include thefurnishing of all labor mat _ erials, and equipment; f:or performing all work required for both horizonal and vertical surveying and for preparing plan .~: profile sheets and easement map in accordance with the following ~~. criteria and. instruction, along the route shown on the attached map.. Horizontal Surveyinct The horizontal survey .shall determine the ~' metes and bounds of each segment of the line designated. The total length of the. survey shall be approximately 7300 feet along the ;~ best construction route: Wood stakes shall be installed at 200 foot intervals and at each change of direction. The survey will also require the location and angle of intersection of all property lines, drainage ditches or structures and road crossings. The size of intersected drainage structures shall be recorded. All buildings, wells, obstructions and property-corners that are within 50 feet of the survey lines shall be, located and described. Vertical Survev The vertical survey shall be based on mean sea level. Elevation shall be obtained at 50 foot intervals., at each intersection, at each major change or grade, at centerline of each road crossed and at invert of all intersected drainage structures and ditches. Adequate bench. marks shall be set to insure at 1 t ~~ f one bench mark is placed at intervals of not more than 1000 feet. Plan Profile Sheets Preparation Upon completion of the survey, the surveyor shall prepare reprfldua~ble plan and profile sheets of the survey area on cadd disk and vellum sheets at a horizontal scale of 1" - 50', and a vertical scale 1" = 5', for submittal to the New Hanover County Engineer. Plan profile sheets shall include a north arrow', the - ownership of ' each parcel 'crossed, and all other data recorded during the survey.' Frial location and grade will be added to plan. and'profle after design by County Engineer.- - Easement~~Maps Prenarati~on ~~'Upon1 acceptance of 'the completed plan profiles and as directed by-the County Engineer', the surveyor will prepare all reproducible mylar easement maps, adequate to meet~all requirement's necessary •`forfiling- with ..the New Hanover `County Register Hof Deeds :- Pa~ment Payment shall. be made on a lump-sum' basis for satisfactory completion of"the work described above. -• ~ - Extra Work" The sur-veyor sha31 provide hourly rates for` two sand three person survey part'es• and a draftperson to perform additional work not' described above-: ~ - ~ - • ~ - Time ofPerformance The surveyor shall~~commencer work ~upori execution'~of the contract and shall complete all-work described above within six'ty~(60) days after commencement:- • .t .. 100 :._ ~ . ~, Budget Axnenc~xn~e~lt ~ . CEPARTMENT: B D ET AMENDMENT DATE: U G Ionkey Junction 96-27 12-04-95 Capital Proj ct 'ewer Operating Fund ADJUSTMENT: DEBIT: CREDIT: Operating trans er in (from Fd 800 $19,740 • Monkey Junction Capital Project Capital•Project Expense.. $19,740 Sewer Operating Fund Appropriate Fund Balance $19,740 Sewer Operatin~c Fund Transfer to Sewer Cap. Project (Fund 817) $19,740 EXPLANATION To transfer funds from Fund 800 into Fund 817 (Monkey Junction) . for Contract #96-0179 to CENTURY/von Oesen. For Budget Officer's approval; then report p~~l to Commissioners at next regular meeting ~~C~Y'r.~ A ~~~~~w~~d~~~~~~~~~ and enter in minutes. r I To be approved by Commissioners. ~~]'~~ M_~~I,,~~r~^~~ u~ To be entered info minulcs. L 61 111 ."~+~'~-~- ~L ,~ e .'\ r .~ ~. 4 e t 1 1 T 1 1 1 A a i~ 1 ~{~~~ n~, . -~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA DECEMBER 4, 1995 6:30 P.M. ~ane~-d ITEM NO. ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 103 2. Adoption of Resolution(s) adding the roads to the State 105 Highway System: Scout Camp Hatila Road Roads in Fox Run Subdivision, Section 5 3. Approval of changes in General Statutes pertaining to 111 Construction Bids 4. Approval of award of Bid #96-0149 for NoxOut Reagent 115 for the WASTEC Facility 5. Approval of award of Bid #96-0150 for uniforms for the 147 Sheriff's Department 6. Approval of award of Bid #96-0248 for the purchase of 177 an upgrade of IBM AS/400 computer system for Health Department and trade-in of surplus equipment 7. Award of Single Prime Bid to Paragon Building Corporation 189 for Ogden Park Pavilion 8. Approval of Budget Amendment. #96-0080 to budget 235 additional State funding received for child day care services 9. Approval of Bikes for Tykes program 237 10. Adoption of resolution to accept NCDOT Modified Grant Agreement 243 for State Airport Aid Project 9.9425900 for the amount of $186,335 101 i ,,,~. ~. ' - ~'"`~ ' '~ ~ t -+ Tltis Po'b e inte~ttiofrally left blairk _ 102. e e t t i~ i~ REQUEST FOR BOARD ACTION Meeting Date: 12/04/9 Regular Item #: Consent Item #: 1 ~ Additional Item #: Department: GOVERNING BODY Presenter: LUCIE HARRELL Page Count In Agenda Package: Contact: LUCIE HARRELL SUBJECT: APPROVAL OF MINUTES BRIEF SUMMARY: Approve the following minutes: Regular Meeting of November 20, 1995 Closed Session of November 20, 1995 RECOi\~iMENDED MOTION AND REQUESTED ACTIONS: Approve the minutes FUNDING SOURCE: Federal S: State S: County S: User Fces S: Other S: Nlone}' Is In Current Budget: New Appropriation Rcqucst: Budget Amendment Prepared: l REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMIvTENTS AND RECOMI~~IENDATIONS: l ~{ _ it fp~l~eAn~ .~,; ~~~; -,~r~~~, ,t,~ ~, ~NV-Yi6~~ ~del,~bU86W..~e.u/3u1~.~~~ . l ~~.''`~'' Refer to Otlice ~~ision Bulletin Board for Disposition Tlzis page intentionally left blank '- ., ~ -~ _ _. 104 . ,.~ .. 1 1 A 1 i 1. 1 1 1 1 '1 1 'l 1. 'i 1 REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: Consent Item #: 2 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Page Count In Agenda Package: Contact: Lucie Harrell UBJECT: NCDOT ROAD ADDITIONS BRIEF SUMMARY: Adopt resolutions adding the following roads to the State Highway System: Scout Camp Hatila Road Roads in Fox Run Subdivision, Section 5 REGOMIyTENDED MOTION AND REQUESTED ACTIONS: Adopt resolutions. FUNDING SOURCE: Fcdcr:tl S: State S: County S: User Fccs S: Otltcr S: IVioncy Is In Current Budbct: Nc~v Appropriation Rcqucst: Budget Amendment Prepared: LGL: FIN: BUD: HR: COUNTY MANAGER' Recommend approval. ~ rr~ ~r~ ~'"11U ~J 0~~ ~ • ,., ~d~iAd~ ~_,.~u ,~~v~~~~~~1~) 105 Refer to Office Vision Bulletin Board for Disposition NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION Nor`~h Carolina County of New Hanover ~ -~ ~~7zit-L ~'-'`~'^ Petition request for (check one): Addition to State System ~ ~ U`"`J~v,~,-~t~~ Paving O ~ { Maintenance Improvement ( ). - - ~. VVe the undersigned, being property owners on _ ~GO~-!T 4i9~1/~ ~!~ /G,9 ^,~--~~ •4-.~ (Describe or give local name or Secondary noad Number) in New Hanover County do hereby request the Division of Highways of the Department of Transportation to the above-described road. We further advise that the road requested to ~r,~izov~ is s7,~ ._-~I~es-in length and at the present time there are ~ occupied homes located on the road and 'Having entrances into the road. Finally, we agree to dedicate to the Division of Highways aright-of-way of the necessary width to construct the road to the minimum construction standards required by the Divisior of Highways. This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will ~~ be submitted to us by representatives of the Division of Highways. REMARKS NAM E The Divisicn of igh ys st i 76~ l; 7~0! 7G z! ~ ~~600 Four copies of recorded subdivision plat enclosed if applicable. PROPERTY OWNERS ~ - .MAILING ADDRESS ~ _. TELEPHONE ~vN •".,~,~ ~,,, ~~ c ACS ^~- J' oiZ,,2 b~ d contact the first petitioner listed below:.?r 9io - 3 so - ~i.~S" ~~C~~3~i0 ~ ' ~/ 3 =-to/,~~ ~'~^~ _. ,. - --~~ ~. , ,,. Revised Form SR-1 (5-83). All previous forms obsolete. ~ i - 1 Nov., 12,1995 New Hanover County Board of Commissioners J 320 Chestnut Street Room 305 Wilmington, NC 28401 ~~- Board of Commissioners: Please find the enclosed completed form SR-1 for your disposition and forwarding to the N.C. Department of Transportation. l 930 f i ~ eet. y mate The total length of Scout Camp Hatila Rd. is approx ` J _ The first portion, approximately half of the road way, was paved by the State and brought up to State Highway standards. For some reason the State ~ elected not to continue the short distance and complete the rest of the road. ~ I understand that Mr. & Mrs. Edwards, of 7621 Scout Camp Hatila Rd., previously submitted an SR-1 Petition form to have the completion of the road continued due to the fact that it abruptly ended at their adjoining ,~ ~ neighbors, Mr. & Mrs. Lockwood's property, and did not reach their property. J The unpaved portion of the road is deep sand in some areas and very ~ difficult to negotiate. The road is in poor shape, to say the least, and to ~ ~ traverse it in adverse weather conditions requires a four wheel drive vehicle. ~ _ I will be starting construction within a few weeks and understand other houses will also be started in the near future. My concern is that the ~~~ heavy construction trucks and equipment will cause the road to Curther deteriorate and possibly become unserviceable and more expensive to later improve. I understand that funds for highway improvements are limited, ,~ - however, something nerds to be done to improve this road. If funds arc not available to properly pave it at this time, a temporary solution would be to '~~ grade it and lay an appropriate stone base to stabilize it and provide a sound negotiable driving surface. Thanking you in advance for your assistance and cooperation. Please forward a copy of this letter along with the SSR-1 Petition to the N.C. ~' Departrnent of Transportation. Should you have any questions or need = further information concerning this matter I can be reached a 350-1135 or 5306 Curlew Dr. Wilmington N.C. 28409. Sincerely, c.fr--7 ~/ Forrest E. Meeks enclosure: SR-1 ~' lcm _ ~ O "] 17, I xc~..~l. rxUYr:KTY MAP .. +'- 1W ,. __' =' - -~~ _ ~ F E.DE ~. A L POI N ~' .. , .. ..I...- .. ~ ..;~. ~''E'~1T HANOVER COUNTY, NORTH CAROLINA'~~~1' ~_ ''~ 3O' ~ MAP ~ NUMBER 85 -1~ ~ ~ ; TIT .. . ~~' NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION ANO HIGHWAY SAFETY ' DIVISION OF HIGHWAYS PETITION ~_ - North Carolina County of New Hanover . , Petition request for (check one) Addition to State System (x) Paving { ) ~ Maintenance Improvement ( ) \~ We the undersigned, being all of the property owners on section S Fox Run (Descry a or give OCdI name or Secon ary oa Num er ~n County do hereby request ~~ the Division of Highways of the Department or ransportation and Highway Safety to add the above described road. a We further advise that the road requested to is miles in ~~__~. length and at the present time there are occupte omes ocated on the road and having entrances into the road, ~` Finally, we agree to dedicate to the Division of. Highways a right-of-way '~ sixty (60) feet in width extending the entire length of the road that is rye^uested - to be improved along with the necessary areas for cut and fill slopes and drainage. ~~ Also we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives~of the Division of Highways in order that the Division~of Highways fulfill the requirements of Chapter 1244, 1959 Session of the General Assembly of North Carolina. ~. 1 REMARKS Two copies of recorded subdivision plat enclosed if applicable PROPERTY OWNERS -. . NAME ~ ADDRESS . ~~~ ~' Revised Form SR - 1 (7 - 73) All previous forms obsolete ~ ~ 1 0 9 t The Division of Highways should contact the first petitioner listed below: erry Turner P.O.Box 4517 Wilmington, N.C. 28406 NA o tiq~ l.e.N . EARLY ~, . THE 1RED ~p ~~ "URE, U . ~~ s ~~ N 1 ,~ . L - ~~ ~~ .. . ~ ~ ~o .-, _ .. y 4~, .-`~ ~~ 1 U l S ~d AREA ~ ~ ~ ~ F ~,RCELS - - ~ ~- ~ ~ - - ~ ~ 1 - ~ _ r. ? (~ t . ~ - - t. _. - .. ~. t: NORTH CAROLINA ~ =. .. TE AFORESAID, CERTIFY THAT JACK G. STOCKS, REGISTERED LAND ~~ .fE THIS DAY AND ACKNOWLEDGED THE EXECUTION F THE FOREGOING' - F'~j .L STAMP OR SEAL, THIS.,L~DAY OF o i , 19~~ _ ~. ~~ . ~ .. • I .. { ~ EVONNE , SMITH ~ i NOTARY PUBLIC i - - MY COMMISSION EXPIRES 1!,/I4 /96 ~. ~. ., a ~. ' ... i NORTH CAROLINA r SMITH, NOTARY PUBLIC OF NEW HANOVER COUNTY IS CERTIFIED - V THE_DAY OF I9_..,,AT_AM/PM AND DULY RECORDED IN ~ ~ - 110 -. ~ - MARY SUE DOTS REGISTER OF DEEDS :7;~t~~~ -:tit it A n IV w ~i I~. ~~k ~: REQUEST FOR BOARD ACTION Meeting Date: 12/04/95.. Regular Item #: ~ Consent Item #: 3 Additional Item #: Department: Legal Department Presenter: Wanda M. Copley Page Count In Agenda Package: 3 Contact: Wanda M. Copley Changes in General Statutes Pertaining to Construction Bids. BRIEF SUMMARY: On October 1, 1995 changes in the General Statutes became effective concerning construction bids. The County's Purchasing Policy needs to be revised to reflect-the changes. A memorandum listing the existing policies and requested revisions is attached. RECOMMENDED MOTION AND REQUESTED ACTIONS:. Request approval by the Board to make the changes to the purchasing policy. FUNDING SOURCE: Federal S: State S: , ; .County S: 0.00 User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: " - ~" LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/ACGRIFFINHR N/A AMALLETT COUNTY MANAGER'S COMMENTS AND "RECOMMENDATIONS• Recommend approval. Technically, this matter does riot require Board approval. However, I wanted the Board of Commissioners to be aware of this item and to have your endorsement. With approval of this item, the County will be in compliance with the General Statutes. /ypJn•. Refer to Office Vision Bulletin Board for Disposition / " ~~~3.~1 Z. l .~ ~~s.~~~ rn~ NEW HANOVER COUNTY ~l r*rman nrrrnr. INTER-OFFICE `~ L.~ . ^:... ,:::: :rte ::..:::.:::.:.:::.:::::.~:.::.::.,::..: ~~~::.: . .., . <... :...............:,,..MEMO ...:::..~.~...... ,.:.:..:.......::_.:...:.,.::::::::.:.::r::,.,:a ~.. .:. .r......::.:~:: MEMORANDUM: --, ~ , TO: New Hanover County Commissioners ,,\\ ' .. M' . FROM: Wanda M. Copley, County Attorney ~ ~ - RE: Changes in General StatutesfiPertaining to Construction Bids DATE: November 14, 1995 - .. ~ ~~ . ~ ~ . On October 1, 1995 changes in the General Statutes became effective concerning construction bids. The County's Purchasing Policy needs to be revised to reflect those changes. Therefore, I am requesting your approval to make the changes to the purchasing policy. Summary ofthe-changes is as follows: 1. Requested Revision: Increase amount at which formal bids are required from $50,000 to $100,000 (Existing Policx: If the contract is for construction or repairs, formal bids are required at $50, 000.) ~ - 2. Requested Change: Increase the range which requires informal bids from $5,000-550,000 to $5,000-$100,000 (Existing Policx: Informal bid procedures must be followed on contracts for construction or repair tivork when expenditures of $S, 000 to $S0, 000 are involved.) . ". -~ - - - - _ 3. Requested Revision: Allow County, at its discretion, to use single prime, multi- prime or both for bidding construction building projects between 5100,000 to $500,000 ~• ~ "~ ;. (Existing Policx• For a building contract of $100, 000 or more multi prime system is required. Single prime bids maybe received in addition to.multi prime bids.) 4. Requested Revision: Increase the amount at which branches of work may beI . combined from $10,000 to $25,000 (Example: Combine , ' `plumbing and electrical construction work.) ~ ~ _ .. ~ .. (Existing Polic.,~~: Any branch of work may be combined with another when its ~ - ~total.cost is estimdted to be less than $10,000.) 112.~~ ~. ~ ; _.., . L , - , .. r ' ~~~, !~,' ,;~' 1l- ~~ l~" ,~, ,~ ~~3 ,~. ,~ ~~' .,~- ~. .~' ~> ~~ 1 ~~~ ~~ 5. Requested Revision:. Increase. amount at which performance and payment bonds are required from $50,000 to $100,000 (existing Policx: A performance bond and laborers' and materialmen's bond for the full. amount of the contract must be given for all construction or repair contracts over $15,000 when a project involves two or more contract whose sum exceeds $50, 000. If a construction or repair project involves only a single contract, the performance and laborers' and materialmen's bond are not required unless the contract exceeds $S0, 000.) WMC/kc cc: County Manager Clerk to the Board 113 ,4•'t 1. 114 ~~ } ,, . A ~' ~~. t ,~r REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: Consent Item #: 4 ~ Additional Item #: Department: Finance Presenter: Page Count In Agenda Package: Contact: Amy Akin SUB.TECT: Award of Bid # 96-0149 for NOxOUT Reagent for the WASTEC Facility. BRIEF SUMMARY: Bids were received for NOxOUT Reagent for the WASTEC Facility from Arcadian Corporation. The bid has been review by the WASTEC staff and found to be responsive. NOxOUT Reagent is a chemical that is used in the daily process of the WASTEC Facility. The following information is attached: 1. Resolution requesting award of bid 2. Contract draft with attachments. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends award of Bid # 96-0149 for NOxOUT Reagent to Arcadian Corporation. FUNDING SOURCE: Fedcral S: Statc S: County S: G3,700.00 Uscr Fccs S: Othcr S: Nloncy Is In Current Budbct: Ycs Nc~v Appropriation Rcqucst: No Budbct Amendmcnt Prcparcd: No REVIEWED BY: LGL: FIN: .BUD: HR: ~C (`!11\A1~nTNTC ANTI TJ~'(`l1M1~~TFNTIATTl1NC• 1 r. 1 Recommend approval. lJ~~r'ta~ p ~~~'euU~uJBN;~~UB~t~~~'~) Refer to Office Vision Bulletin Board for Disposition - RESOLUTION OF THE - ~ BOARD OF COMMISSIONERS ' - - , OF NEW HANOVER COUNTY ' WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 10:30 a.m. on fhe 20th day of November, 1995, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for NOxOUT Reagent for the WASTEC Facility of the Environmental Management Department, Bid # 96-0149: -Arcadian Corporation First Year of Contract $.91/gallon Second Year of Contract $.94/gallon AND WHEREAS, the Environmental Management Director; the Finance Director and the County Manager recommend that the contract be awarded to Arcadian Corporation of Memphis, Tennessee, the only responsible bidder, at the per gallon prices quoted in the proposal resulting in an estimated yearly expenditure of Sixty-three Thousand Seven Hundred Dollars ($63,700.00); AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4194-4230 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for NOxOUT Reagent for the WASTEC Facility of the Environmental Management Department, Bid # 96-0149 be awarded to Arcadian Corporation at the per gallon prices quoted in the proposal resulting in an estimated yearly expenditure of Sixty-three Thousand Seven Hundred Dollars ($63,700.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. - This 4th day of December, 1995. (SEAL) Chairman, Board of County Commissioners ATTEST: _ V ii ~ `~- w -. a 1, ' - A ~ -' ' '~jy Clerk'`to the Board `` ° ~~" "~ 116 - DRAFT ~- New Hanover County Contract # 96 - 0149 ~, NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY ,~ THIS CONTRACT, made and entered into this ~ day of , 1995, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and ARCADIAN CORPORATION, a foreign corporation organized under the laws of the State of Delaware, hereinafter referred to as "Vendor". j WITNESSETH: WHEREAS, County advertised for bids for NOxOUT Reagent for the WASTEC Facility of the Environmental Management Department, Bid # 96-0149, and ~~ bids were received and opened as required by law; and ~' WHEREAS, after careful consideration of the bid proposal submitted by ~~ Vendor, the Board of Commissioners of New Hanover County has adopted a resolution '~- authorizing the acceptance of such bid proposal and the execution of a contract with ~ Vendor covering the purchase and delivery of NOxOUT Reagent, according to ~~ Vendor's Bid Proposal. NOW, THEREFORE, in consideration of the mutual benefits inuring to the ~~ parties hereto, said parties covenant and agree as follows: ,~, ~- 1. Exhibits to Contract. The Bid Package, which includes County's Technical Specifications, Invitation to Bid and Instructions to Bidders, marked Exhibit A; a d Ve d 's B~d o osal marked Exhibit B' are attached hereto and made a art of n n or i Pr p P this contract as though fully~written herein. 2. Term. This contract shall commence on January 7, .1996, and shall continue until January 6, 1998. i' 117 ie 3. Risk of Loss. Risk of loss to County for the goods purchased shall remain with Vendor until the goods are delivered to County F.O.B. WASTEC Facility, 3002 Highway 421 North, Wilmington, North Carolina. 4. Delivery. Vendor shall deliver all goods purchased by County within five (5) consecutive calendar days after receipt of order. 5.. Payment. Payment for NOxOUT Reagent shall be made within thirty (30) days after receipt of goods, their acceptance by County and receipt of invoice. County will be invoiced for actual NOxOUT Reagent .ordered. .Invoice for NoxOUT. Reagent ordered will be based on the per gallon amount in Vendor's proposal. 6. Indemnity. Vendor shall indemnify and hold New Hanover County, its agents and..employees, harmless against.. any and all claims, demands, causes of action, 'or other liability, including attorney fees, on account of ~ personal injuries. or. death or on account of property damages arising out of or relating to the work, to be performed Eby Vendor .hereunder, resulting. from the, negligence of or the .willful act or omission of Vendor, his:agents, employees and subcontractors. 7. Insurance: Vendor shall maintain insurance from companies licensed to write .business in North Carolina and acceptable to New Hanover County, of the kinds and minimum amounts specified below. 8.. Certificates and Notice•of Cancellation. Before commencing work under this contract, Vendor .shall furnish County with certificates of all .insurance required below. Certificates. shall indicate ;the. type, amount, class of operations covered, effective date and expiration date of_ all policies, and shall contain the: following statement: ' "The insurance covered by this: certificate ~ will not be canceled or materially altered, except after thirty (30) days written notice has been received by County":.. ~ . 118 2 t ~~~ t 9. Workers Compensation and Employers Liability Insurance. Covering all of the Vendor's employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in the amount of . $100,000/500,000/100,000: applicable to claims due to bodily injury by accident or disease. 10. Commercial General Liability. Including coverage for independent 1 1 y contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. The policy shall provide liability limits at least in the amount of-$1,000,000 per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. 11. Automobile Liability Insurance. Covering all owned, non-owned l ~~; ,~~ ~i' and hired vehicles, providing liability limits at least in the amount of $1,000,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. 12. Suspension or Termination of Agreement. In the event that review of the Vendor's performance shows non-conformance to the work required by this contract, the Scope of Service or other terms or conditions contained herein as a result of the Vendor's errors, omissions or negligent acts, the Vendor shall be in breach of this contract and the County may take corrective action as it deems necessary including, but not limited to termination withholding or reduction of payment. 12.1 The County shall also have the right to suspend this contract upon written notice to the Vendor. Such written notice shall state .the reasons for suspension and allow for a review period of then (10) days during which the Vendor shall be - 3 119 provided with an opportunity to respond with an explanation or justification; and/or shall ,~' undertake any reasonable remedial action required by the County. If, in the opinion of the County the Vendor~remains in violation of this agreement at the completion of the - ten (10) day suspension period, the County shall have the right to terminate this agreement whereupon all obligations of the County to the Vendor shall cease. 12.2 This agreement may be terminated without cause by either party with thirty {30)' days written notice to the other party. 13. Non-Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this contract or• to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not~constitute a`waiver of any rights under this contract. -~ 14. Subcontractors. Vendor shall be fully responsible for all negligent acts and omissions of his or her subcontractors and of persons and - . organizations employed by them to the same extent that Vendor would be'responsible for these acts and omissions. Nothing~in the contract documents shall create~any contractual relationship between County and -any subcontractor or other person oc . organization having a direct contract with Vendor, nor shall it create any obligation on the part of County to pay. any money due any such subcontractor or other person or organization, except as may otherwise be required by iaw. . 15. Assignment. The parties mutually agree that this contract is.not assignable and shall not be assigned by either party without the written .consent of the other party and~the surety to this contract: ~, ~~ ~ ~ - 16. Non-Discrimination. Vendor will take affirmative action not to discriminate against any employee or applicant for employment or °otherwise illegally deny any person participation in or the benefits 'of the project which ~is the subject of this r~ contract because of age, race, creed, color, sex, age, disability or national origin.. To ~J 120 4 t ', the extent applicable, Vendor will comply with all provisions of Executive Order No. 11246, the Civil Rights Acts of 1964 (P. L. 88-352) and 1968 (P.L. 90-284), and all 'able Federal State and local laws ordinances, rules, re ulations, orders, applic 9 instructions, designations and other directives promulgated to prohibit discriminations. Violation of this provision, after notice, shall be a material breach of this agreement and ,~ may result, at County's option, in a termination or suspension of this agreement in whole or in part. 17. _ Familiarity with Laws. The Vendor specifically acknowledges that ~~ he has made himself familiar with all Federal, State and local laws, ordinances, rules .and. regulations; including all Federal and State Occupational Safety and Health Act ~' (OSHA) requirements, which may in any manner affect those engaged or employed in . the work of the project, or the materials or equipment in or about such work, or in any ` way affect the conduct of such work and agrees that he,, his employees, subcontractors and suppliers will, at all times, comply with same. If the Vendor shall discover any provisions in the Contract Documents which are contrary to or inconsistent with any ~, such law ordinance, rule or regulation, he shall immediately give notice thereof to the County in writing, identifying any items of work affected, and he shall not proceed until ` he has received written direction from the County with respect to these items. If the 1 Vendor performs contrary to or inconsistently with any such law ordinance rule or regulation without giving such notice, he shall bear all costs which area consequence ~r1 of such performance. 18. Notices. All notices required hereunder to be sent to either party i s ed add esses o o suc o he addre shall be sent to the following des gn t r r t h t r ss or ` ~1 addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Registered Mail, Return Receipt Requested: ~~ 5 121 t To County: ' New Hanover County Environmental Management Attention: Ray Church, Director 3002 Highway 421 North Wilmington, North Carolina 28401 - To Vendor: Arcadian Corporation - Attention: Ted R. Schulte, Vice President Industrial Division Sales . 6750 Poplar Avenue, Suite 600 Memphis, Tennessee 38138 . . - 19. Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of ~ County,. and ~ as such, Contractor, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, ~or perision-or retirement benefits. ~~ ~ - ~ .. 20: Interpretation. All of the terms and conditions contained , in the contract documents shall be interpreted in accordance with the laws of the State of North Carolina. 21. Entire Understanding. This contract constitutes' the entire understanding ~of the parties and contains all of~ the terms agreed upon with. respect to the subject matter hereof. No modification or rescission of • this contract ~ shall be effective unless evidenced by a signed writing. = ~ ~ - .- IN WITNESS WHEREOF, the parties have caused the execution of .this instrument,~by authority duly given on the day and year first above written. NEW HANOVER COUNTY [SEAL] - Robert G. Greer, Chairman Board of Commissioners 122~~ 6 ,~~ ATTEST: Clerk to the Board ^~ ~ _ [CORPORATE SEAL] ATTEST: President ~, ~t .~ 1 Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. .ARCADIAN CORPORATION Approved as to form: County Finance Director County Attorney NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. 1995. WITNESS my hand and official seal, this day of , Notary Public ~J i ~~ ~~ My commission expires: 123 STATE OF COUNTY OF I, a Notary Public of the State and County aforesaid, certify that personally-came before me this day and acknowledged that (s)he is Secretary of ARCADIAN CORPORATION, a foreign corporation organized under the laws of the State Delaware, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, ,sealed with its official seal and attested by himself/herself as its Secretary. _ WITNESS my hand and. official seal, this day of , 1995. Notary Public My commission expires: ~~ ~ .. ~ , 12.4 s~ ~~ COUNTY OF NEW HANOVER, NORTH CAROLINA INVITATION TO BID ON NOxOUT REAGENT FOR THE WASTEC FACILITY "' Pursuant to Section 143-129 of the General Statutes of North Carolina, sealed proposals addressed to Amy J. Akin, Purchasing Agent, New Hanover County Finance Office, 320 Chestnut Street, Room 602, Wilmington, North Carolina 28401 and marked "BID FOR NOxOUT REAGENT, BID # 96-0149 will be accepted until 10:30 a.m. November 20, 1995. ~~, The bids will be publicly opened and read immediately following the latest time for receipt of bids in the New Hanover County Administration Building, 320 Chestnut Street, Room 601, Wilmington, North Carolina. Instructions for submitting bids and complete specifications maybe obtained at the County Finance ~~ Office during regular office hours. The Board of County Commissioners of New Hanover County reserves the right to accept or reject any or all bids and to make the purchase which will be in the best interest of the County. Amy J. Akin Purchasing Agent ' New Hanover County ~1 Advertised: November 5, 1995 J I a R L 125. ---~. ~J - INSTRUCTIONS TO BIDDERS ~ -r .~ NEW HANOVER COUNTY, NORTH CAROLINA BID.# 96-0149 , . NOaOUT REAGENT New Hanover County Finance Office Attn: Amy Akin, Purchasing Agent 320 Chestnut Street, Room 602 Wilmington, NC 28401 Phone:~(910)~341-7190 Preparation and Submission of Bid Proposal Completion of Bid Form: Bids must be on bid proposa6 form contained in this. bid package; the original and one copy required. Submitted with the original proposal form and copy shall be a complete set of detailed specifications and manufacturer's warranty indicating compliance with these specifications: All.prices and notations shall be written in ink or typed. Changes or corrections made on the Bid must be initialed by the individual signing the ;bid. No corrections will be permitted once bids have been opened. Required Specifications: Bidder shall submit as part of his proposal detailed specifications for the goods bidder proposes to famish. Bidder's specifications shall be in strict accordance with the County's specifications. Any bid which is not in strict accordance with the County's specifications must list each exception separately in a letter submitted as an attachment to the Bid Proposal. Deviations: New Hanover County reserves the right to allow or disallow minor deviations or technicalities should the County deem it to be to the best interest of the County. New Hanover County shall be the sole judge of what is to be considered a minor deviation or technicality. Warranties: Bidder warrants that all goods furnished shall be free from all defects, and shall .conform in all respects to the technical specifications established by the County. Bidder shall submit manufacturers' warranties against defects in materials and workmanship covering the goods bid upon. If the County's specifications include a statement of the particular purpose for which the goods will be used, the goods offered by bidder shall be fit for this purpose. ~r 1 2 ~- I- 1 of 5 7 Submission of Bid Proposal Bids must be in~ sealed envelopes properly marked "BID FOR NOxOUT REAGENT, BID # 96-0149", and shall be addressed to County at the following address: New Hanover County Finance Office Attn: Amy Akin, Purchasing Agent 320 Chestnut Street, Room 602 Wilmington, NC 28401 Condition of Goods All goods shall be new and in no case will used, reconditioned or obsolete parts be accepted. Trade Secret Confidentiality All bid proposals received and recorded at the bid opening are considered public record and available for public inspection. According General Statutes 132 - 1.2, trade secrets contained in a bid may be kept confidential if the bidder, at the time the bid is submitted, designates the secret and requests that it be kept confidential. This right of privacy will be construed as narrowly as possible to protect the interests of the vendor while attempting to maximize the availability of information to the public. Time For Opening Bids ~~ Proposals will be opened promptly and read at the time and date set forth in the advertisement. Bidders or their authorized agents are invited to be present. Any bids received after the scheduled closing time for the receipt of bids will not be considered and will be returned to the bidder, ~• unopened. . Withdrawal of Bids, ~ Bidders may withdraw or withdraw and resubmit their bid at any time nor to the closing time for receipt of bids. But no bid maybe withdrawn after the scheduled closing time for receipt of bids for a period of sixty (60) days. Award of Contract The award of any contract resulting from this bid will be made to the lowest responsible bidder, taking into consideration quality, performance and time specified in the proposal for the performance of the contract. I-2of5 ~ ~"] r Considerations in Award of Contract In determining the lowest responsible 'bid in accordance with •G.S. 143-129, the Board of - u Commissioners will consider, among other factors: modern, accepted practices; engineering, design, efficiency and workmanship; maintenance costs; availability of service and parts inventory; and performance (based on County's previous use of the same or similar equipment made by the ` manufacturer). Federal Taxes I~Tew Hanover County is exempt from and will not pay Federal Excise Taxes or Transportation Taxes. North Carolina Sales Tax• If bidder is required to charge North Carolina sales tax on bidder's sales, bidder shall not include it as part of the bid price. County will pay North Carolina sales tax over and above bid prices when invoiced. Price ~ ~. Bidder shall guarantee the prices quoted against any increase for'whatever~delivery date is specified and contract period required. Place of Delivery Goods shall be delivered F.O.B. New Hanover County WASTEC Facility, 3002 Highway-42I .North, Wilmington, North Carolina and shall be complete and ready for use unless otherwise specified. Instruction in Use of Goods The successful bidder shall be responsible for instructing County personnel in the proper use and maintenance of the goods. ~ , Responsibility of Compliance With Legal Requirements The bidder's products, service and facilities shall be in full compliance with any and all applicable state, federal, local, environmental and safety laws, regulations, ordinances and standards or any standards adopted by nationally recognized testing facilities regardless of whether or not `they are referred to in the bid documents: ~ - 12~ I-3.of5 1 0 I~~; 1 r 1 ;'. 0 Indemnity Vendor shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Vendor hereunder, resulting from the negligence of or the willful act or omission of Vendor, his agents, employees and subcontractors. Insurance Vendor shall maintain insurance from companies licensed to write business in North Carolina and acceptable to New Hanover County of the kinds and minimum amounts specified below. Certificates and Notice of Cancellation Before commencing work under this agreement, Vendor. shall furnish New Hanover County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after.(30) days written notice has been received by New Hanover County." Workers Compensation and Employers Liability Insurance Covering all of the Vendor's employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in the amount of $100,000/500,000/100,000. applicable to claims due to bodily injury by accident or disease. . Commercial General Liability Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work involves these exposures. The policy shall provide liability limits at least in the amount of $ 1,000,000 per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. I-4of5 ~ ~~ Automobile Liability Insurance Covering all owned, non-owned.and hired vehicles, providing liability limits at least in the amount of $ 1,000,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. Addendum The bid package constitutes the entire set of bid instructions to the bidder. The County shall not be: responsible for any other instructions, verbal or written, made by anyone. Any changes to the specifications will be in the form of arr Addendum which will be mailed,to all bidders who are listed with the Finance Office as having received the bid package. ~ . Compliance With Bid Requirements Failure to comply with these provisions or any other provisions of the. General Statutes of North . Carolina will result in rejection of bid. Right To Reject Bids The County reserves the right to reject any or all bids:- , . f... .~- ,. t ,. '~ 30 I-5of5 s v t e 0 I' TECI3NICAL SPECIFICATIONS NOxOUT REAGENT BID # 96-0149 n ral NOxOUT Reagent supplied under this Contract shall conform to all the provisions as documented on page T-2 and an affidavit of compliance to the specifications shall be included with your proposal. A Material Safety Data Sheet shall also be submitted with the proposal. Quantity: Approximately 70,000 gallons per year Delivery: Bulk delivery of 5,000 gallon truck load FOB Destination Point of Delivery: New Hanover County WASTEC Facility . 3002, Highway 421 North Wilmington, NC 28401 n~i Quantities listed in the Technical Specifications and Bid Proposal Form are estimates only. New Hanover County reserves the right to purchase as much or as little NOxOLTT Reagent at the unit price bid during the term of the contract. ~e~uests for Shipment Requests for shipment will be made by New Hanover County. We will allow a maximum of two (2) calendar days for delivery. The quantities shall be shown on the purchase order or specified at the time the order is placed. . T-1 of 2 131 NOxOUT' SOLUTION SPECIFICATIONS BID # 96-0149 Urea Density (gallons/ml., 25 deg. C.) PH Color Free NH, - Biuret Content Specific Gravity 50.0% ~' 1.13- 1.5. 4.0 - 10.8 Amber clear to slightly hary Not more than 2,000 ppm as NH, Not more than 5,000 ppm as NH, 1.14 at 77 Deg. F. 132 T-2 of 2 1 ~ 1 1 I S Sntisfi~iu~ custo~uer needs tnitl~ qunlit~ products n~-d services. November 13, 1995 G Ms. Amy Akin Purchasing Agent New Hanover County Finance Office 320 Chestnut Street, Room 602 Wilmington, NC 28401 0 ll Dear Ms. Akin: Arcadian Corporation's NOxOUT A reagent is in compliance with all but one of the technical specifications as designated by New Hanover County's bid #96-0149. Your free NH3 specification states not more than 2,000 ppm as NH3; .Our material is not guaranteed to this specification and our typical specification states free ammonia, wt. % 0.5 (max.). These are the current specifications we have adhered to. Arcadian Corporation ~~~~~ Randal H. Allen Area Sales Manager Industrial Division i e ~I I, ~ , a notary public, certify that Randal H.-Allen came before me this day and acknowledge the foregoing instrument: Witness my hand and official seal, this 14~' day of November, 1995. My commission expires: t'! Onr.:;n?n ~n Exp!r~s S?~G 1,1997 Notary Public 133 ~_ • ARCADIAN CORPORATION, GENERAL PARTNER OF ARCADIAN FERTILIZER, L.P. C,7Sn Pnnlar Avonnn Cni}o Fnn Mmm~hie Tonneecnn'SAA'iR_7A10 Phnnn• IanAl7ri1_S7nn Vendor's Quote # COUNTY OF NEW I3ANOVER, NORTH CAROLINA BID PROPOSAL FORM . ~ . BID # 96-0149 - NOaOUT REAGENT November 20, 1995; 10:30 a.m. Bid Proposal First Year of Contract: Price , 91 per gal. x 70,000 gal./year = $3.700.00 Second Year of Contract: Price . 94 per gal, x 70,000 gal./year = $ 65 , 000.00 ' _ TOTAL (Sum~of First.and Second Year) $129 , 500.00- ,_ ,, . h/fanufaCtUCer ARCAnTAN CnRPORATTON ~ ' ' a Shipping Point Augusta, GA Terms Net due in full 30 days from date of shipJnent " specifications " Bidder shall submit detailed specifications for the goods bidder proposes to furnish. Any bid which is not in strict accordance with the County's specifications must list each exception separately in a letter submitted as an attachment to the Bid Proposal. • Biddershall submit an affidavit"and IVlaterial Safety Data Sheet as required on page T-1 of Technical Specifications. -_. 134 B-~ of 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~J 1 ~1 i~ Bidder Information Please check as appropriate and complete the items below. The Bidder is: An Individual A Partnership between: A Joint Venture consisting of ~_ A Corporation organized under the laws of the State of Delaware (List name of state appearing on the corporate seal and affix seal below where indicate.) B Y: Randal H. Allen (name as above printed) TITLE: Area Sales .Manager COMPANY: Arcadian Corporation ADDRESS: 6750 Poplar Ave. , Suite 600 Memphis, TN 38138 TELEPHONE: 9 O 1- 7 5 8 -5 3 6 3 SEAL-IF BID IS BY A CORPORATION ATTEST: By B-3 of 3 135 TECHNICAL SPECIFICATIONS NOzOUT REAGENT BID # 96-OI49 eneral NOxOLJT Reagent supplied under this Contract shall conform to all the provisions as documented on page T-2 and an affidavit of compliance to the specifications shall be included with your proposal. A Material Safety Data Sheet shall also be submitted with the proposal. Quantity: Approximately 70,000 gallons per year Delivery: Bulk delivery of 5,000 gallon truck load FOB.Destination Point of Delivery: ~ ~ New Hanover County WASTEC Facility 3002 Highway 421 North Wilmington, NC 28401 nii ~ - Quantities listed in the Technical Specifications and Bid Proposal Form are estimates only. New Hanover County reserves the right to purchase as much or as little NOxOLTT Reagent at the unit price bid during the term of the contract. Requests for Shipment Requests for shipment will be made by New Hanover County. We will allow a maximum of two calendar days for delivery. The quantities shall be shown on the purchase order or specified at the time the order is placed. 136 T-1 oft . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 J II 1 J NOxOUT SOLUTION SPECIFICATIONS BID # 96-0149 Urea ` Density (gallons/ml., 25 deg. C.) PH Color Free NH, Biuret Content Specific Gravity 50.0% 1.13 - 1.5 4.0 - 10.8 Amber clear to slightly hazy Not more than 2,000 ppm as NH, Not more than 5,000 ppm as NH, 1.14 at 77 Deg. F. T-2 of 2 ~J~ /~~~e der fi~ ~ °~• 137 . a ' Approvcd: Date ~ ~ Satisfying customer needs with quality products and services (~ OFFICIAL SHIPPMG SPECIFICATION - PRODUCT, PACKAGMG AND LABELING No. 1215 a Effective Date: Scptcmber 1994- • Supcrsedcs: All Previous - `Urea. NOxOut - A Manufacturing Locations: Augusta, Georgia u Gcismar, Louisiana , . x . I.0 Part No.: NOXOUT-A 2.0. Product: ... A water solution of synthesized urea 50% by weight plus proprictary chemicals • Ilgm Soecification~ Standard Method Urea, Wt. % 'S0± 1% AGL-45 Nalco, NOxOut-Con, Wt. % 0.5 (Min.) Free Ammonia, Wt. % No Mcthod Availablc 0.5 (Max.) AGL-3 Biuret, Wt. % 0.5% (Max.) AGL-52 Color Clear, Coloricss Visual 3.0 ontain rt: Tank Car (Insulated) ;Tank Truck (Insulated) 4.0 Loading TcmtZrrantre• (°Fl 110 - 130°F Note: Augusta loading temperature must be below 100°F 5.0. ~ a o: No Special Labeling Rcquired. O 6.0 - - MSDS No. 36 ' 7.0 STCC No. 28-181-46 8.0 ~hjDDjjlo Descri ton: u Boilcr Cleaning Compound, NOxOUT-A a This Official Shipping Spccification Product Packaeing and Labcling shcet is not intcnded to be a subztituk, in whole or put for a hfatcrial Safcn• Data ShccG A Matcrial •. •~ tau She~~ i~v~blc upon rcqucst from Arcadian Corporation, 6)50 Poplu Avcnue, Suitc 600, Mcmphis, Th 38138-7419. a ARCADIAN CORPORA710N, GENERAL PARTNER OF ARCADIAN F a 6750 POPLAR AVENUE, SUITE 600 • MEMPHIS, TENNESSEE 38138-74;9 • PHONEI gp ER a_P•nn S H E E T CHEMTREC 1-800-424-9300 ~ A. GENERAL INFORMATION Trade Name (common name or synonym) C.A.S. No. ARCADIAN NOXOUT A S7-13-6 Chemical Name AN AQUEOUS SOLUTION OF AN AMIDE Formula Molecular Wt.- UREA, WATER AND PROPRIETARY CHEMICALS N/A Address (No., Street, City, State and Zip Code) • Arcadian Corporation 6750 Poplar, Suite 600 . Memphis, TN 38138-7419 Contact Phone Number Issue Date Revised Date MEMPHIS CORPORATE (800)758-0132 MAY 1991 04/24/94 s B. FIRST AID.. , EYES: ~~FLUSH EYES IMMEDIATELY WITH LARGE QUANTITIES OF WATER FOR 15 MINUTES. GET MEDICAL ATTENTION. SKIN: WASH THOROUGHLY WITH SOAP AND RINSE WITH WATER. GET MEDICAL ATTENTION. INHALATION: REMOVE TO FRESH AIR. TREAT SYMPTOMS. GET MEDICAL ATTENTION. INGESTION: INDUCE VOMITING. GIVE WATER.. GET MEDICAL ATTENTION., IF UNCONCIOUS, HAVING TROUBLE BREATHING OR HAVING • ,_CONVULSIONS, DO NOT INDUCE VOMITING OR GIVE WATER. .-~ ** NOTICE ** Seller warrants that this Product conforms to the specifications stated herein. Buyer assumes. all risks associated with the possession, use, mixing, blending, treatment, storage, disposal, transportation and handling of the Product, whether alone or in combination with other substances. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATEVER, EXPRESS OR IMPLIED, AND ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF QUALITY, MERCHANTABILTY AND FITNESS FORA PARTICULAR PURPOSE, ARE DISCLAIMED. Seller's liability is limited to the product price. In the event of any medical emergency involving this Produ~~ ~eek professional assistance or contact a Poison Control Center immediately. 36 ~ PAGE 1 of 7 Inhalation ~ ~. MAY CAUSE IRRITATION TO THE RESPIRATORY TRACT AND LUNGS. ' ;Ingestion A SINGLE DOSE OF 100 GRAMS HAS REPORTEDLY~CAUSED MILD SYMPTOMS OF CENTRAL NERVOUS SYSTEM DEPRESSION, E.G: DROWSINESS; SLOW REFLEXES, SLURRED SPEECH. • ~ - .Skin MAY CAUSE IRRITATION WITH PROLONGED CONTACT. "'" Eyes. _ .. CAN CAUSE MILD;-SHORT LASTING IRRITATION. ..Permissible Concentration - Air: NOT REGULATED ;, Biological:NOT.REGULATED -~ ~ ~~ ~ ~ ' Unusual chronic toxicity NO TOXICITY STUDIES~HAVE BEEN CONDUCTED ON THIS PRODUCT. ~ --" c. HAZARDS INFORMATION - Fire and Protection Flash Point: ~~~• ~ Auto Ignit. _~ Flammable limits in air (~ by vol) Not Applicab. Temperature: Upper: NOT APPLICABhE' Open Cup - ~~N/A ~'~ -- C ~ Lower:. .NOT APPLICABLE X Closed Cup -. •. - , . Unusual fire -and explosion -hazards -~ ~ ~ ~` :MAY EVOLVE CARBON MONOXIDE, CARBON DIOXIDE; NITRIC OXIDE AND AMMONIA '' UNDER~F~ CONDITIONS. , a . PAGE 2 of 7 D. PRECAUTIONS/PROCEDIIRES 1 0 e t t 't i~ i , I i, I Fire extinguishing agents RECOMMENDED THIS PRODUCT WOULD NOT BE EXPECTED TO BURN UNLESS ALL OF THE WATER IS BOILED AWAY. THE REMAINING ORGANICS MAY BE IGNITABLE. USE WATER TO COOL CONTAINERS-THAT ARE EXPOSED TO FIRE. Fire extinguishing agents to AVOID NOT APPLICABLE Special fire fighting precautions NOT APPLICABLE Ventilation GENERAL VENTILATION IS RECOMMENDED. Normal Handling USE IMPERMEABLE GLOVES AND CHEMICAL SPLASH GOGGLES WHILE ATTACHING FEEDING EQUIPMENT, PERFORMING MAINTENANCE OR HANDLING PRODUCT. Storage, PROTECT FROM PHYSICAL DAMAGE. THIS MATERIAL IS VENTED IN STORAGE. .Spill or leak SMALL SPILLS: CONTAIN WITH ABSORBENT MATERIAL SUCH AS CLAY, SOIL OR ANY COMMERCIAL ABSORBENT. SHOVEL RECLAIMED LIQUID AND ABSORBENT INTO DRUMS FOR DISPOSAL. LARGE SPILLS: DIKE TO PREVENT. FURTHER MOVEMENT AND RECLAIM INTO DRUMS OR TANK TRUCK FOR DISPOSAL. SEE SECTION 14. Special Precautions/Procedures/Label Instructions AVOID CONTAINERS, PIPING OR FITTINGS MADE OF BRASS, BRONZE OR OTHER COPPER BEARING ALLOYS, OR GALVANIZED METAL. 14.1 PAGE 3 of 7 MATERIAL SAFETY DATA SHEET R.>~:>: CORPORATION _, .................................... :~: E ..... me .. r ...... e .. nc ..... c ..... o ............... ntact . CAE g Y MTRE - - C 8o a 0 424- 9300 E. PERSONAL PROTECTIOE EQIIIPMENT »>ARCADIAN NOXOUT A Respiratory protection .,. a PROTECTION NOT NORMALLY NEEDED. IF~SIGNIFICANT MISTING OCCURS, .USE NIOSH APPROVED RESPIRATOR. FOR LARGE SPILLS, ENTRY INTO LARGE TANKS, VESSELS OR ENLCOSED SMALL SPACES WITH INADEQUATE VENTILATION, A PRESSURE DEMAND, SELF :.CONTAINED BREATHING APPARATUS IS RECOMMENDED. Eyes and face WEAR CHEMICAL SAFETY GOGGLES OR A FACE SHIELD. DO NOT WEAR CONTACT LENSES. . _ Hands, arms, and body WEAR IMPERVIOUS GLOVES AND FULL WORK CLOTHING. other clothing and equipment ' NOT GENERALLY REQUIRED. ~L ~ ~~ ~ F. PHYSICAL DATA Material is (at normal conditions) Appearance and Odor a ~X ~ ~ J L ~ PALE YELLOW WITH SLIGHT AMMONIA ODOR. LIQUID SOLID GAS a Boiling Point: N/A Melting Point: N/A ~ `` . ~" ~ ~ a Specific~Gravity'(H20=1):1.14 AT 77~ DEGREES F.(9.5 LBS/GALLON) Vapor Denaity_(Air=1):N/A - Solubility- -in' Water {% by wt.) pH - Vapor Pressure , a '100 0 - ~ 9~.-8 - - (mm Hg at 2OC)(PSIG) Evaporation Rate % Volatiles by volume NOT APPLICABLE (~sutly ~c~t,~te = 1) (Ether = 1) O Time: LL PAGE !' 4 of 7 u 1 G. REACTIVITY DATA Stability Conditions to Avoid ^ a - SEE SECTION K. '- Unstable Stable Incompatibility (materials to avoid) AVOID CONTACT WITH STRONG OXIDIZERS: (E.G. CHLORINE, PEROXIDE, CHROMATES, NITRIC ACID, PERCHLORATES, CONCENTRATED OXYGEN, PERMANGANATES) WHICH CAN GENERATE HEAT, FIRE OR EXPLOSIONS OR RELEASE TOXIC FUMES. Hazardous decomposition products - IN THE EVENT OF COMBUSTION, CARBON MONOXIDE, CARBON DIOXIDE, NITRIC OXIDE, AND AMMONIA MAY BE FORMED. DO NOT INHALE SMOKE. Hazard polymerization Conditions to Avoid ^ _ ~ SEE SECTION K. May Occur Will Not Occur ' 1 ~H. HAZARDOUS INGREDIENTS (MIXTURES ONLY) Material or Composition/C.A.S.n Wt.% Hazard Data (see Sect. K) SEE SECTION K. ~~ I~ 4 PAGE 5 of 7 Degradability/aquatic toxicity AQUATIC TOXICITY DATA INDICATE NOXOUT A OF A LOW ORDER OF TOXICITY: TO THE SPECIES TESTED. DETAILS, SEE REFERENCE C. SINCE NOXOUT IS A FERTILIZER, IT MAY PROMOTE EUTROPHICATION IN WATERWAYS. EPA hazardous substance? X NOTSAPPLICABLEble quantity:,, 40; CFR ~. ^ 116-117 YES NO ~ ~ `~' :, Waste disposal methods disposer must comply with disposal & discharge lawsj' IF THIS PRODUCT BECOMES A WASTE, IT DOES NOT MEET THE CRITERIA OF A HAZARDOUS WASTE AS DEFINED UNDER RCRA.~'40 CFR 261, .SINCE IT DOES NOT. HAVE 'THE CHARACTERISTICS OF SUBPART C, NOR IS IT LISTED UNDER SUBPART D. J . REFERENCES .~ Is this a listed material? NTP (List) IARC (Monographs) YES NO YES NO X^ OSHA (Carcinogen) }{ ACGIH (TLV List) X Permissible concentration references NOT REGULATED .BY OSHA. Regulatory Standards II D.O.T. Classification NOT REGULATED. 4 9 CFR I General AS A NON-HAZARDOUS LIQUID WASTE, IT SHOULD BE SOLIDIFIED WITH STABILIZING :~ AGENTS ( SUCH AS SAND, FLY ASH, OR CEMENT ) SO THAT NO FREE LIQUID REMAINS BEFORE DISPOSAL TO AN INDUSTRIAL WASTE LANDFILL. A NON-HAZARDOUS. LIQUID WASTE I~~O BE INCINERATED IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REGULAT PAGE a 6 of 7 1 1 A R C A D I A N CORPORATION :.::: .::::.:.:.: ;::::.:::.: ,.:. 4 Y :?~ Emer e c n co ntac t R _ AnnTTTnNAT. TNFCIRMATT[1N CHEMTREC 1-800-424-9300 »>ARCADIAN NOXOUT A ANDCDR7COfJSULTSSECTION011EFORTRCRAACLASSIFICATIONTE(RCRA)IN40CFR261LSUBPART CI FEDERAL WATER POLLUTION CONTROL ACT CLEAN WATER ACT, 40CFR401.15/FORMALLY SECTION 307 40CFR116/ FORMALLY SEC~ION 311. NONE OF THE INGREDIENTS ARE SPECIFICALLf LISTED. UREA - SECTION 111. STATE REGULATIONS: CALIFORNIA PROPOSITION 65: NONE OF THE CHEMICALS ON THE CURRENT PROPOSITION 65 LIST ARE KNOWN TO BE PRESENT IN THIS PRODUCT. MICHIGAN CRITICAL MATERIALS: THIS PRODUCT DOES NOT CONTAIN INGREDIENTS LISTED ON THE MICHIGAN CRITICAL MATERIALS REGISTER. STATE RIGHT TO KNOW LAWS: z THIS PRODUCT DOES NOT CONTAIN INGREDIENTS LISTED BY STATE. RIGHT TO KNOW LAWS. OSHA HAZARD COMMUNICATION RULE 29CFR 1910.1200. BASED ON OUR HAZARD EVALUATION THE FOLLOWING INGREDIENT IN THIS PRODUCT IS HAZARDOUS AND THE REASON IS ~HOWN BELOW. UREA = TWA 10 MG/M3 AIHA/WEEL. CERCLA / SUPERFUND, 40CFR 117,301: NOTIFICATION OF SPILLS OF THIS PRODUCT AREI NOT REQUIRED. SARA TITLE III - SECTION 302, 311, 312, 313. SECTION 302 - EXTREMELY HAZARDOUS SUBSTANCES ( 40 CFR 355 )• THIS PRODUCT DOES NOT CONTAIN INGREDIENTS LISTED IN APPENDIX A AND B AS AN EXTREMELY HAZARDOUS. SUBSTANCE. SECTION 311 AND 312 - MATERIAL SAFETY DATA SHEET REQUIREMENTS ( 40 CFR 370 )• OUR HAZARD EVALUATION HAS FOUND THIS PRODUCT TO BE HAZARDOUS. THIS PRODUCT SHOULD BE REPORTED UNDER THE FOLLOWING EPA HAZARD CATEGORIES: IMMEDIATE(ACUTE) DELAYED SUDDEN PRESSURE HEALTH HEALTH FIRE RELEASE REACTIVE XX SECTION 313 - THIS PRODUCTCDOESMNOTLCONTAINCINGREDI~NTS ( AT A LEVEL OF to OR GREATER ) ON THE LIST OF TOXIC CHEMICALS. FPA HEALTH.- 1 FIRE - 0 INSTABILITY - 0 PECIAL PRECAUTIONS - NONE ian Part Numbers: XOUT-A, NOOXOUT-LT MATERIAL SAFETY DATA SHEET PAGE 7 of 7 Tltis page intentionally left blank 1 [I t REQUEST FOR BOARD ACTION 1~Teeting Date: 12/04/95 Regular Item #: Consent Item #: 5 Additional Item #: Department: Finance Presenter: Page Count In Agenda Package: Contact: Amy Akin SUB.TECT: Award of Bid # 96-0150 for uniforms for the Sheriffs Department. BRIEF SUMMARY: Bids were received for uniforms for the Sheriffs Department. Bids were reviewed by the Sheriff and a letter from him is attached. As part of the bid evaluation, samples of the long sleeve and short sleeve shirts as well as the jacket were requested from Century Uniform Company and American Uniform Sales. These were the only three items that Century proposed different brands than those specified. We did not receive the jacket to be evaluated but did receive the shirts. The request for the samples was sent to both bidders in writing. American Uniform complied ~vith all requirements. Century Uniform did not and therefore staff concluded that their bid proposal was nonresponsive. Sheriff McQueen did evaluate the shirts but did not feel they were of the same quality as those offered by American Uniform Sales. Please see his attached letter. REC01~i1~~iENDED MOTION AND REO E TED ACTiONS• Recommend award of Bid # 96-0150 to American Uniform Sales, Inc., the lowest responsive bidder in the amount of 533,538.25. 1 r FUNDING SOUR E: Fetlcr:tl S: St:ttc S: • County S: 33„538.25 Uscr Fccs S: Otltcr S: IVloncy Is In Currcnt Butlbct: Ycs Ncty Appropriation Rcqucst: No Budgct Amcntlmcnt Prcparctl: No REVIEWED BY: LGL: FIN: ~ BUD: HR: N/A AMALLETT Recommend approval. ~~~ ~p~•-• ~}~~, fir."JfiS~•~ -"P1 e,. >, n~'~6~ t,1~.S~J ~~~a~~~ ~ ~ ~ 147 ~-- Rafer to Office Vision Bulletin Board Cor Disposition ~efu ~ann6er ~truntg ~~Ertff'~ (~fft~~ _ Jnse~rF~ cfQurPn, Jr-, c~I~eriff. . Wilmington,;-~art~ (narnlina 2S4II1-4591 ~fTnne (41Q) 34L-42IIQ - November 20, 1995 TO: Amy Akin ~ ~~ FM: ,Joseph McQueen, Jr.., Sheriff Re.:~ Uniform Bid I request~that~,we accept American Uniform's.•bid.due to .the . response we have received from Century Uniform in getting samples. The shirts received were not of the same quality or color. The time for delivery for items ordered is longer and .I feel we would be better served by staying with American Uniform. cerely, J Joseph McQueen., r. Sheriff JMcQ/nrj .. .. .. f 148. {~.. ~ y ,~.'^~:.~~~ #. MEMBER t I~ RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, a(ier due advertisement, bids were received and publicly opened by the Finance Department at 11:30 a.m. on the 14th day of November, 1995, at the County Administration Building, 320 Chestnut Street, Wilnw~glon, North Carolina, and the following bids were received for Uniforms for the Sheriff's Department, Bid # 9G-0150: R & R Unifom~, Inc. $41,840.00 Robert's Uniforms $42,G03.00 American Uniforni Sales, Inc. $33,~38.2~ Century Uniform Company $32,830.00 AND WHEREAS, not all requested samples ~vcre received from Century Uniform Company and therefore this insufficiency of their proposal made their bid non-responsive; AND WHEREAS, the Sheriff evaluated the samples of the shirts that were received from Century Uniform ~~ith the samples received by American Unifori Sales, Inc. and determined that there were differences in the shirts submitted by Century that were not acceptable; AND WHEREAS, the Slicriff, the Finance Director, and tlic County Manager recommend that the contract be awarded to American Uniform Sales, Inc., a North Carolina Corporation, the lowest responsive bid, in the a,nout~t of Thirty-tlucc Thousa~~d Fivc Hw~dred Thirty-eight Dollars and Twenty-live Cents ($33,538.25); AND WHEREAS, funds Dave been previously appropriated and are now in Account No. l 10-431-4311-3000-4400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Nc~v Hanover County that the contract for unifor~s for the Sheriff's Department, Bid.#.96-0150 be awarded to American Uniform Sales, Inc. in the amount of Thirty-three Thousand Fivc Hundred Thirt}'-eight Dollars~and Twenty-five D Cents ($33,538.25); and that tl~e Co~u~ty is hereby aulliorized and directed to execute the contract, contract form to be approved by the County Attorney. This 4th day of December, 1995. (SEAL) Chairman, Board of County Commissioners ATTEST: Clerk to the Board ~ 149 DRAFT New Hanover County Contract # 96 - 0150 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY - THIS CONTRACT, made and entered into this day of 1995, by and between NEW HANOVER COUNTY, `a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and AMERICAN UNIFORM SALES, INC., a North Carolina corporation, hereinafter referred to as "Vendor". WITNESSETH: ~ ~, WHEREAS, County advertised ,for bids for uniforms :for the ,Sheriffs Department, Bid # 96-0150, and- bids were received and opened asrequired by law; and . - WHEREAS, after careful consideration of the bid proposal submitted by' Vendor, the Board of Commissioners of New Hanover County has adopted a resolution . .. authorizing the acceptance of such bid proposal and the. execution of a contract with Vendor covering .the purchase and delivery. of uniforms; according to Vendor's Bid Proposal ~ .. - "NOW, THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, said parties covenant and agree as follows: 1. Exhibits to Contract. The Bid Package, which includes County's Technical Specifications, Invitation to Bid and Instructions to Bidders, marked Exhibit A; and Vendor's Bid Proposal, marked Exhibit B; are attached hereto and made a part of this contract as though fully written herein. 2. Term. The term of the contract shall be for a period of one (1) year 150 1 . ~ New Hanover. County Contract # 96 - 0150 from the date . of execution. The parties may by written agreement renew this agreement for one (1)~ additional year period upon the same terms, and conditions as set forth herein. 3. Risk of Loss. Risk of loss to County for the goods purchased shall remain with Vendor until. the goods are delivered to County F.O.6. Uniform Patrol Division, 1901 Hall Drive, Wilmington, North Carolina... _ . 4. Delivery. Vendor shall deliver alf goods purchased by County within thirty (30) consecutive calendar days after receipt of order. 5. Payment. Payment for Uniforms shall be made within thirty (30) days after receipt.of goods, their acceptance by County and receipt of invoice. County will be invoiced for actual uniforms ordered. Invoice for uniforms orderedwill be based on the unit .prices in Vendor's proposal. 6. Indemnity. Vendor shall indemnify and -hold New Hanover County, its agents and employees; harmless against -any ,and all claims, demands, causes of . action, or other liability, including attorney fees; on account of personal injuries or death or on account of property damages arising .out of or relating to the work to be performed by Vendor hereunder,. resulting from the negligence of or the willful. act or omission of Vendor, his agents, employees and" subcontractors. 7. Default and Termination. If Vendor materially breaches any one of the terms or conditions contained in this contract, County may terminate this contract forthwith. Upon termination, County may, without prejudice to an action for damages or any other remedy, enter into another, .contract for the completion of this contract. Count ma deduct all costs of com letin the contract from an monies due or which Y Y P 9 Y may become -due to Vendor. 2 151 ~ ~ " ~ New Hanover Goud Contract # 96 - 0150 ty` 8. Non-Waiverjof Rghts:'~~It is agreedthat=County's failure~to insist ~.. upon the strict performance of an'y provision of this contract£ or. toexercise any right based u on a breach thereof o e cc p r th a eptance of any performance edurmg such breach, shall not constitute a'waiver of any rights 'urider this contract: `= ~~ ~ ' ` 9. Subcontractors. Vendor shall be`fully~responsib'lefor all negligent acts and omissions of his or her subconfractors and ofpersons and organizations employed by-them to the sa'nie extent that Vendor would tie responsible 'for these acts and omissions. Nothing in~ the 'contract documents shall create any contractual relationship between County- and any subcontractor or other- person or organization having' a direct contract with Vendor,-'nor shall if create any obligation 'on~the part of~ County toy pay `any money due any such subcontractor or other person'or organization, except as may otherwise be required by law. - '~ ~ -~-' _ ~ ` ` 1~0-. ~ Assi4nrrien't. The p''arties mutually agree that ~tliis contract is not assign'abfe and~stiall~not:~be assigned=by either party without the'writteri consent of the other party and the suretyta~th'is=contracfi:~ :` ~ ' *'~ `:~ ~ " - ~'' 11: Nori-Discrimination. Vendor will take affirmative' ~acfion 'not to discriminate against any employee ~or applicant° foremployment or othentiise ilfiegally deny any person participation in or the benefits of the projecf which is" the~subject ~of this ; contract because `of age, pace; `creed; ~ color, sex, age, "disabilify-or national origin. To the extent applicable,' Vendor will comply with all provisions of Executive Order' No. 11246, the Civil Rights'~Acts Hof 1964 (P: L: 88-352) and 1968' (PL:~'90'284), and a11~ applicable Federal, Sfafe and 'local laws, `ordinances, `rules, regulations, orders,' r. instructions; designations and other directives promulgated ~to' prohibit-discriminations. Violation of this provision, after notice, shall be a material breach of this+agreement and ' 152 3 ~ New Hanover County Contract # 96 - 0150 !~ may result, at County's option, in a termination or suspension of this agreement in whole or in part. 12. Familiarity with Laws. The Vendor specifically acknowledges that he has made himself familiar with all Federal, State and local laws, ordinances, rules and regulations, including all Federal and State Occupational Safety and Health Act (OSHA) requirements, which may in any manner affect those engaged or employed in the work of the project, or the materials or equipment in or about such work, or in any way affect the conduct of such work and agrees that he, his employees, subcontractors and suppliers will, at all times, comply with same: If the Vendor. shall discover any provisions in the Contract Documents which are contrary to or inconsistent with any such. law ordinance, rule or regulation, he shall. immediately give notice thereof to the County in_writing, identifying any items of work affected, and he shall not proceed until he has received written direction from the County with respect to these items. If the Vendor performs contrary to or inconsistently with any such law ordinance rule or regulation without giving such notice, he shall bear all costs which area consequence of such performance. 13. otices. All notices required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other .address or addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Registered Mail, Return Receipt Requested: To County: New Hanover County Sheriff's Department Attention: Sergeant McCarthy 20 North Fourth Street ~, Wilmington, North Carolina 28401 4~ 153 New Hanover County Contract # 96 - 0150 '' To Vendor: , American Uniform Sales, Inc. Attention: John Kinlaw P.O. Box 564 Fayetteville, North Carolina 28302 14. Independent Contractor.- It is mutually understood and agreed that Contractor is an independent contractor and not' an agent of County, and as such, Contractor,- his or her agents and employees shall not be entitled to any County employmenfi benefits,• such as, 'but not limited to, vacation, sick• leave, insurance, worker's compensation, or~perision or'retirement benefits. 15. Interpretation. ~ All of the terms and conditions contained in the contract documents shall be interpreted in accordance with the laws of the State of North Carolina. ~ ~ ~ - - 16.~ Entire Understanding~. •~.This contract~constitutes'the entire understanding of tfie parties and contains all of the terms agreed upon with respect'to the subject matter hereof. No modification or rescission of this contract shall be effective unless evidenced by a signed writing. IN WITNESS WHEREOF, the parties Have caused- the execution of this instrument, by authority duly given on~fhe day and year first above written. NEW HANOVER COUNTY [SEAL] Robert G. Greer, Chairman Board of Commissioners ATTEST: ` Clerk to the Board 154 5 New Hanover County Contract # 96 - 0150 [CORPORATE SEAL] ATTEST: Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director NORTH CAROLINA NEW HANOVER COUNTY AMERICAN UNIFORM SALES, INC. President Approved as to form: County Attorney I, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 1995. My commission expires: Notary Public 6 155 New Hanover County Contract # 96 - 0150 STATE OF COUNTY OF I, a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that (s)he- is Secretary of AMERICAN UNIFORM SALES, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its official seal and attested by himself/herself as its Secretary. WITNESS my hand and official seal, this day of~.. , 1995. Notary Public My commission expires: 156 '~ COUNTY OF NEW HANOVER, NORTH CAROLINA INVITATION TO BID ON UNIFORMS FOR THE SHERIFF'S DEPARTMENT Pursuant to Section 143-129 of the General Statutes of North Carolina, sealed proposals addressed to Amy J. Akin, Purchasing Agent, New Hanover County Finance Office, 320 Chestnut Street, _ Room 602, Wilmington, North Carolina 28401 and marked "BID FOR UNIFORMS, BID # 96-0150" will be accepted until 11:30 a.m. Tuesday, November 14; 1995. !~ The bids will be publicly opened and read immediately following the latest time for receipt of bids in the New Hanover County Administration Building, 320 Chestnut Street, Room 601, Wilmington, North Carolina. Instructions for submitting bids and complete specifications maybe obtained at the County Finance Office during regular office hours. The Board of County Commissioners of New Hanover County reserves the right to accept or reject any or all bids and to make.the purchase which will be in the best interest of the County. Amy J. Akin Purchasing Agent New Hanover County Advertised: November 5, 1995 ~ 157 ' ~ INSTRUCTIONS TO BIDDERS NE~V HANOVER COUNTY, NORTH CAROLINA - BID # 96-0150 UNIFORMS FOR THE SHERIFF'S DEPARTNIENT New Hanover County Finance Office Attn: Amy Akin, Purchasing Agent 320 Chestnut Street, Room 602 Wilmington, NC 28401 Phone: (910) 341-7190 Preparation and Submission of Bid Proposal Completion bf~Bid Form: Bids must be on bid proposal form contained in thisbid package; the original and one copy required. Submitted with the original proposal form and copy shall be a complete set of detailed specifications and manufactures warranty indicating compliance with. these specifications. All prices and notations shall be written in ink or typed. Changes or corrections made on the Bid must be initialed by the individual signing the bid. No - corrections will be permitted once bids have been opened. Required Specifications: Bidder shall submit as part of his proposal~detailed specifications for the goods bidder proposes to furnish. Bidder's specifications shall be in strict accordance with the County's specifications. Any bid which is not in strict accordance with the County's specifications must list each exception separately in a letter submitted as an attachment to the Bid Proposal. Deviations: New Hanover County reserves the right to allow or disallow minor deviations or technicalities should the County deem it to be to the best interest of the County. New Hanover County shall be the sole judge of what is to be considered a minor deviation or technicality. Warranties: Bidder warrants that all goods furnished shall be free from all defects, and shall conform in all respects to the technical specifications established by the County. Bidder shall submit manufacturers' warranties against defects in materials and workmanship covering the goods bid upon. If the County's specifications include a statement of the particular purpose for which the goods will be used, the goods offered by bidder shall be fit for this purpose. 158 I-l of4 Submission of Bid Proposal Bids must be in sealed envelopes properly marked "BID FOR UNIFORMS FOR THE SHERIFF'S DEPARTMENT, BID # 96-0150", and shall be addressed to County at the following address: New Hanover County Finance Office Attn: Amy Akin, Purchasing Agent ~, 320 Chestnut Street, Room 602 Wilmington, NC 28401 Condition of Goods All goods shall be new and in no case~will used, reconditioned or obsolete parts be accepted. Trade Secret Confidentiality All bid proposals received and recorded at the bid opening are considered public record and available for public inspection. According General Statutes 132 - 1.2, trade secrets contained in a bid may be kept confidential if the bidder, at the time the bid is submitted, designates the secret and requests.that it be kept confidential. This right of privacy will be construed as narrowly as possible to protect the ~ interests of the vendor while attempting to maximize the availability of information to the public. Time For Opening Bids Proposals will be opened promptly and read at the time and date set forth in the advertisement. Bidders or their authorized agents are invited to be present. Any bids received after the scheduled closing time for the receipt of bids. will not be considered and will be returned to the bidder, unopened. Withdrawal of Bids ,1 Bidders may withdraw or withdraw and resubmit their bid at any time prior to the closing time for receipt of bids. But no bid maybe withdrawn after the scheduled closing time for receipt of bids for a period of sixty (60) days. Award of Contract The award of any contract resulting from this bid will be made to the lowest responsible bidder, taking into consideration quality, perfonmance and time specified in the proposal for the performance of the contract. New Hanover County reserves the right to add or delete quantities. ~, I-2 of 4 1 5 9 Considerations in Award of Contract In determining the lowest responsible bid in accordance with G.S.. 143-129, the Board of Commissioners will consider, aniong other factors: modern, accepted practices; engineering, design, efficiency and workmanship; maintenance costs; availability of service and parts inventory; and performance (based on County's previous use of the same or similar equipment made by the manufacturer). Federal Taxes New Hanover County is exempt from and will not pay Federal Excise Taxes or Transportation Taxes. North Carolina Sales Tax .. ~ . If bidder is required to charge North Carolina sales tax on bidder's sales; bidder shall not include it as part of the bid price. County will pay North Carolina sales tax over and above bid prices when invoiced. ~ ~ . Price ~ .. Bidder shall`guarantee the prices quoted against any increase for whatever delivery date is specified and contracE period required. Place of Delivery Goods shall be delivered F.O.B. Uniform Patrol Division, 1901 Hall Drive and shall be complete and ready for use unless otherwise specified. Instruction in Use of Goods; Examination County may require a examination of the goods bid upon; the examination shall be at no cost to County. If bidder cannot make provide samples for examination within five (5) days of request, bidder's bid may be rejected. Evaluation of.the goods at the examination will be a factor in the award of the contract. Samples provided must be the same model(s) of goods as that bid. The County may require the examination at the same time competitive examinations are made. The successful bidder shall be responsible for instructing County personnel in the proper use and maintenance ~of the goods. 1 6 O I-3 of 4 Responsibility of Compliance With Legal Requirements The bidder's products, service and facilities shall be in full compliance with any and all applicable state, federal, local, environmental and safety laws, regulations, ordinances and standards or any standards adopted by nationally recognized testing facilities regardless of whether or not they are referred to in the bid documents. Indemnity ~ .~ Vendor shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Vendor hereunder, resulting from the negligence of or the willful act or omission of Vendor, his agents, employees and subcontractors. Addendum ~, The bid package constitutes the entire set of bid instructions to the bidder. The County shall not be responsible for any other instructions, verbal or written, made by anyone. Any changes to the specifications will be in the form of an Addendum which will be mailed to all bidders who are listed with the Firiance Office as having received the bid package. . Compliance With Bid Requirements Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina will result in rejection of bid. _ Right To Reject Bids The County reserves the right to reject any or all bids. I-4 of 4 161 TECHNICAL SPECIFICATIONS UNIFORMS -SHERIFF'S DEPARTMENT BID # 96-0150 en r I _ Verbal orders for less than $500 can be accepted by the Successful Bidder without a purchase order. But no verbal orders from the New Hanover County Sheriffs Department that total $500 or more shall be accepted without an approved Purchase Order. Any verbal orders for uniforms that are $500 or more without an approved Purchase Order will not be authorized by SheriffJoseph McQueen, Jr. and any invoices submitted for such items wilt not be paid. nii Quantities listed below and on the Proposal Form are estimates only. The New Hanover County Sheriffs Department reserves the right to purchase as few or as many of each item at the unit price bid during the term of the contract. . Ite m # & Description Estimated O~antity . 1. ~ Short Sleeve Shirts 400 2. ~~ Long Sleeve Shirts 300 ' • •~ 3. Trousers 300 4. Hats 150 • . 5. Coats 10 6. Jackets ~ ~ • 75 Measurements and Fitting. The successful bidder will take initial measurements of all employees at the onset of the contract and throughout the contract period for new employees. ~ ~ ~ _ Remeasurements will be done, as requested, by the Sheriffs Department at the Patrol Division Building with a maximum of 7 days notice. Remeasurement due to misfit, alternations, for female employees and all employees regardless of size must be fitted to the employee's satisfaction without extra charges. 162 T-1 of 10 ITEM MJMBER 1 - SHORT SLEEVE SHIRTS 100% POLYESTER S.S. ZIPPER FRONT Color: Tan Material: To be Miliken 100% Dacron Polyester, Texturized Woven. Weight 7.25 oz. per yard. Finish to be VISA. Warp - 2 ply filling. Creasing: Pockets and pocket flaps to be die creased to give uniform shape and size. The shirt is to have sewn in permanent military creases, 2 in front, 3 in back. Collar: The collar is to be die cut. Convertible collar is to measure 3-5/8" long at points and top stitched 1/4" from edge. The interlining is to be 100% Polyester. Permanent collar stays of proper length are to be sewn inside the collar so that no stitches are _ made through the bottom leaf. ~' Sleeves: Sleeves are to be straight and whole, have a 1/2" hem and finish 9-1/2" long from the shoulder seam. The sleeves must be secured to the body of the shirt by means of a '~ merrow stitch with a safety stitch so as to strengthen the seam as well. The sleeve ~" seam is to be bartacked at the bottom of the hem for stren th. g Front: ~~ The front shall have a center facing 1-1/2" wide extending from the collar to bottom of shirt and be made of the same material as shirt fabric, with a 100% Polyester interlining. There shall be 2 rows of stitching 7/8" apart. The button stand, 7/8" .~' wide, shall be self-lined and placed on the right side extending from collar to bottom of shirt. Buttons shall be securely attached to the button stand and shall correspond ~~ to the buttonholes on the center facing. Pockets: To have 2 breast pockets with mitered corners to finish 5-3/8" wide and 6" long. The left breast pocket to have a pencil opening about 1-3/8". Both pockets to have a 1- 1/2" box pleat stitched top and bottom to prevent spreading. Velcro 1/2" wide and 1" long to be placed on edges on each pocket to secure Velcro placed on corners of each flap. Flaps: To have scalloped flaps to finish 5-1/2" in width, and 2-3/4" in length at the center ' and at each side. Flaps to be secured to front of shirt approximately 1/4" above top pocket. The left flap to have a pencil opening about 1-3/8" in width. Velcro to be placed on corners of each flap. Badge Patch: Inside sling type badge holder ofself--goods approximately 1-1/2" wide to extend from joining seam to pocket of left front. Two small buttonholes 1-1/4" apart with lower buttonhole approximately 3/4" above the flap. T-2 of 10 16 3 Shoulder Straps: The shoulder straps shall be pointed at the end toward the neck of the shirt. The other end shall be sewn in sleeve head seam. The strap'shall measure 2" at sleeve and taper to 1-1/2". Straps to be set about 1/2" from the collar. Shoulder straps shall be "X" stitched to shoulders with a row of cross stitching 2" from sleeve head seam. The "X" stitching shalt extend diagonally from each end of the cross stitch to the sleeve head seam. ~ .. - . . ' ., Collar Stays: The collar stays shall be of good quality Stalar vinyl, of proper length. Interlining: Collar and center facing will be of 100% Polyester interlining. ' Size Marking: Size tab to be sewn in with label to the inside yoke of the shirt. Buttons: ~- ~ All buttons shall be made from thermosetting polyester material and must match the fabric. . Pressing and ~ ~ . - Packing: -'Shirts'shall be carefully pressed by hand in a first class manner. Shirts to be shipped - in strong boxes so as not to be damaged in shipment. Shirts to be packed in individual polyethylene bags. - ~ . Metal Button ~ ~ ~ . Feature: ~ ~ Navy blue shirts are to be made to accept metal buttons on the epaulets and fronts. . The right fronts on these shirts are to have a 3" turn-back rather than 7/8". r. Zipper , .. Closure: Zipper closure models will have 14" Nylon separating zipper. ~,~ ,~ 164 T-3 of 10 ITEM NUMBER 2 LONG SLEEVE SHIRTS 100% POLYESTER L.S. ZIPPER FRONT Color: Tan ~. Material: To be Miliken 100% Dacron Polyester, Texturized Woven. Weight 7.25 oz. per yard. Finish to be VISA. Single Warp - 2 ply filling. ~, y Creasing: Pockets and pocket flaps to be die creased to give uniform shape and size. The shirt is to have sewn in permanent military creases, 2 in front, 3 in back. V Collar: The collar is to be die cut. The back of the stand is to measure 1-1/2". The points, wide-edged. The interlining is to be 100% Polyester Taffeta. Permanent collar stays of proper length are to be sewn inside the collar so that no stitches are made through _ the bottom leaf. The stand shall fasten with one button. Sleeves: To be straight and whole. There shall be one button placed on the sleeve placket approximately 2-1/2" above the top of the cuff. The cuffs shall be 2-1/2" wide and shall be top stitched 1/4" around the edge of the cuff. The cuff will close with 2 buttons. The sleeves must be secured to the body of the shirt by means of a merrow stitch with a safety stitch so as to strengthen the seam. The same stitch must be used ~~ on the side closing seam as well. Front: The front shall have a center facing ]-1/2" wide extending from collar stand to bottom ~" of shirt and be made of the same material as shirt fabric, with a 100% Polyester interlining. There shall be 2 rows of stitching 7/8" apart. The button stand, 7/8" wide, shall be self-lined and placed on the right side extending from collar stand to bottom of shirt. Buttons shall be securely attached to the button stand and shall correspond to the buttonholes on the center facing. Pockets: To have 2 breast pockets with mitered corners to finish 5-3/8" wide and 6" long. The . left breast pocket to have a pencil opening about 1-3/8". Both pockets to have a 1- 1/2" box pleat stitched 1~ T-4 of 10 16 5 top and bottom to prevent spreading. Velcro 1/2" wide and 1" long to be placed on edges on each pocket to secure Velcro placed on corners of each flap. Flaps: To have scalloped flaps to finish 5-1/2" in width, and 2-3/4" in length at the center and at each side. Flaps to be secured to front of shirt approximately 1/4" above top pocket. The left flap to have a pencil opening about 1-3/8" in width. Velcro to be placed on corners of each flap. Badge Patch: Inside sling type badge holder ofself--goods approximately 1-1/2" wide to extend from -joining seam to pocket of left front. Two small buttonholes 1-1/4" apart with lower buttonhole approximately 3/4" above the flap.. . Shoulder ~ . Straps: The shoulder straps shall be,pointed at-the end toward the neck of the shirt. The . other end shall be sewn in sleeve head seam: The strap shall measure 2" at sleeve and taper to 1-1/2"..Straps to.be set about 1/2" from the collar. Shoulder straps shall be "X" stitched to shoulders with a row of cross stitching 2" from sleeve head seam. The "X" stitching shall extend diagonally from each end of the cross stitch to the sleeve head seam. Collar Stays: ~, The collar stays shall be of good quality Stalar vinyl, of proper length., Interlining: ~ Collar, collar stand, cuffs, and center facing.will:.be of 100% Polyester interlining. Size Marking;. Size tab to be sewn in with label to the inside yoke of the shirt. Buttons: All buttons shall be made -from thermosetting polyester material and must match the fabric: - .. . , Pressing and ~ . Packing: Shirts shall be carefully pressed by hand in a first class manner. Shirts to be shipped in strong boxes so as not to be damaged in shipment: Shirts to be packed in individual polyethylene bags. Metal Button Feature: Zipper Closure 166 Navy blue shirts are to be made to accept metal buttons on the epaulets, fronts, and cuffs. The right fronts on these shirts are to have a 3" turn-back rather than 7/8". Zipper closure models will have 14" Nylon separating zipper. T-5 of 10 • ITEM NUMBER 3 ~~ TROUSERS 100% POLYESTER GABARDINE .a, YEAR ROUND WEIGHT Color: Desert Tan ~j, Waistband: The waistband shall be 2-1/2" wide and shall be closed with two crush-proof hook and eye fasteners, the eye being bartacked for stability. The waistband curtain shall have snugtex and be 50% cotton/50% polyester twill of tan color and shall be _ ~ attached with a rocap machine. Material: 11 to 11-1/2 oz., 100% polyester gabardine -fully wash and wear or dry cleanable. Pocketing: All pocketing shall be 50% cotton/50% polyester, contrasting tan colored and 72 x ~' 60 count twill. Hip Pockets: Two hip pockets, 7" wide and 6-l/2" deep, made on a double piped Reece pocket machine, having an interlines of Pellon inside the bezum. Hip pocket facings to measure no less than 1-1/4" deep by 6" wide: ,Pocketing to be made of the same matching twill, stitched, turned and top-stitched. Merrowed edges (serge & sew) will ~~ '~ not be accepted. Left rear pocket to have tab to button. ' Front Pockets: Quarter top style, set over at top 2" from side seam, cloth turn in no less than 1-1/2" wide. Facing on quarter top pockets no less than 3-1/4" at top and 2-1/2" at bottom. Depth of pocket 6" from bottom of opening. Pocketing to be same matching twill stitched, turned, and topstitched. Merrowed edges (serge and sew) will not be accepted. Bottom of pockets to be heavier material extending 3-1/2" -reinforced ~' patch not acceptable. Watch Pockets: The watchpocket to measure 2-3/4" wide and 3-1/4" deep with openings securely bar tacked. ~~ Outlet: The trousers are to be made with a waistband outlet allowing a minimum of 2" for - easy alteration. r, T-6 of 10 167 French Fly , Crotch: Closed with a #42 talon brass zipper with a locking slider and a matching tape (must match pants material). The zipper to be full 3/4" -under the opening. Crotch is to be lined front and back (four quarter) with a single thickness of the same matching twill having a pinked outer edge. Belt Loops: To be 2-1/2" high and 1-1/4" wide. Double thickness of self goods with the edges butted at the back. 'A minimum of seven (7) dependent on waist size. All loops are to be inserted into both the top and bottom waistband seam with the exception of the . center back loop. No belt loop on right or left side seam -loops on both sides to be adjusted for holster. ~ , Seaming: The entire trouser is to be seamed with Polyester core thread and the seat seam shall be stitched with tandem double needle seat seaming machine. All exposed inside seams of the trousers are to be serged. Bartacks: Triangular bartacks are to be placed at each end of the hip pockets, straight bartacks at the bottom of the side pockets. These bartacks are to be made on a bartack machine having 32 finished length straight lock stitches and fourteen (14) are to be zigzag covering. stitches. All other points of strain are to be secured with a bartack. Bottoms: ~ ~ All bottoms to be plain with a minimum of 3" turn under. °To be finished with a blind stitch felling machine. Stitched through bottoms will not be acceptable. Width of bottom of trousers to be standard as to size of trousers. Braid: Material to be 100% polyester brown gabardine. Braid to be made into the side seam with 1 "exposed and to extend to bottom of waistband. Size Marking: Size tab to. be sewn or stamped to the inside of the pocket or waist band. 16 8 T-~ of 10 1 1 1 1 1 1 1 r i r i ITEM NUMBER 4 HAT MILAN STRAW Color: Dark Brown Material: 100% milan straw Style: Stratton, campaign style, summer only. Brim: Will be a 2-3/4", double thickness with eyelets for head strap. Crown: Will be a single thickness with eyelets for badge with a rayon ribbon around,the base of crown. Sweat Band: An inside sweat band, black rayon or like material. Head Strap: To be included with each hat. T-8 of 10 169 ITEM NUMBER 5 COATS Color: Brown Material: 50% Antron/50% Rayon Style: Blauer style 255 or equivalent, hip length, open zipper in front, zipper side vents, detachable pile collar and zip out pile liner. Metal buttons, silver in color. 1 7 0 T-9 of 10 ~~ ITEM NUMBER 6 _ JACKETS Color: Brown Material: Nylon, stain and water resistant. Style: Windbreaker~with zip-in liner, zipper front and two zippered side vents. 171 Vendor's Quote # ~ ~} COUNTY OF NEW HANOVER, NORTH CAROLINA BID PROPOSAL FORM BID # 96-0150 -UNIFORMS FOR THE SHERIFF'S DEPARTMENT November 14, 1995; 11:30 a.m. I certify that this bid is made without prior understanding, agreement or connection with any corporation firm, or person submitting a bid for the same services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. Bid PropQ,~.l 1. Short Sleeve Shirts - Estimated Quantity 400 Manufacturer rr C L ~ ~ ~.v Style Number z ~~ ~ ~,- 3 ni r' x n i = Total P rice ~1 U ~~~ N 400 each $ ~ J ~' ~ 2. Long Sleeve Shirts - Estimated Quantity 300 Manufacturer ~'~~ G D ~ L Style Number ' ~- > ~ °~`~ nit Price x n i = otal Price ~0 ~~ b ~s~~ h 0 300 eac $ 172 B-1 of4 1 f 3. Trousers -Estimated Quantity 300 Manufacturer_ ~ U'(~-{ (~ I ~,~~.. Style Number_ ~] ~-~ Unit pr1S~ x Quantity = Total Price _ ~; ~~- ,. 300 each $ ~j S S . ~ 4. Hats -Estimated Quantity 150 , Manufacturer ~~RA7~cS/" ~' Style Number_ ~f ~ ..s ~ nit pri x ~ i _ T4.I~~ ~" 1 ~ 150 each $ s QJaja-~ '~ 5. Coats -Estimated Quantity 10 ' ,~ Manufacturer _~~-~~2 ~; Style Number p~ S S nit Pri x Ouantity = Total Price g~ tc . 10 each $ ~ Q I I'~ 6. Jackets -Estimated Quantity 75 `Manufacturer ~_, Style Number_ ~ a--6 Z-- ni ri x i ._ . Quant ty Total Pnce ~; ~ 75 each $ ~-} ~~ 6 ~ ~ S D TOTAL (Sum of extensions for items 1-6) _ $ ~ S ~O 'a ~; B-2 of4.. 173 ~- ~~ Delivery: - ~ ~ consecutive calendar days after receipt of purchase order. Specifications Bidder shall submit detailed specifications for the goods bidder proposes to furnish. Any bid which is not in strict accordance with the County's specifications must list each exception separately in a letter submitted as an attachment to the Bid Proposal. - Warranties Bidder shalt submit a copy of the Warranty covering the goods bid~upon. Notice to Proceed . ' , The undersigned, if awarded the bid, hereby agrees to execute a contract .with New Hanover County in the form specified within ten (10) days after the award and to begin process of providing the uniforms listed in this bid proposal upon receipt of a Purchase Order issued by New Hanover County. Addendum Receipt of the following Addendum is acknowledged: ~ - ~ " Addendum No. Date , 1995 Addendum No. Date ~ , 1995 " Addendum No. Date , 1995 174 B-3 of4 s t j• Bidder Information Please check as appropriate and complete the items.below. The Bidder is: An Individual ;~` A Partnership between: A Joint Venture consisting of: t ~, 1 f V A Corporation organized under the laws of the State ' of /~ ~ (List name of state appearing on the corporate seal and affix seal below where indicated.) BY:~ S ~ ' ~ Ash y Sin ~-~~-~J ~ ~ (name as above printed) TITLE:_ V ' Q~ S i ~ DTI 7 .. coMPANY: ~-n~i ~ ~ .~~~ Sg-t.~s, 9N, ADDRESS: ~ a ~'~... .~ 6 if ~77~ y ~ ~ ~~~ n~ ~ ~~ TELEPHONE: ~ ~ n> ~~ ~ - ~ 3 3 ~ SEAL-IF BID IS BY A CORPORATION ATT By (~-~ B-4 of 4 175 L This page intentionally. left blank -- .. _ L . f _ 176 _ 1 r i~ ~' 0 n t r REQUEST FOR BOARD ACTION 1\Zeeting Date: 12/04/95 Regular Item #: Consent Item #: 6 Additional Item #: Department: Finance Presenter: Page Count In Agenda Package: Contact: Amy Akin SUBJECT: Award of Bid # 96-0148 for the purchase of an upgrade of IBM AS/400 computer system for Health Dept. and trade-in of surplus equipment. ' BRIEF SUMMARY: The formal bidding process was followed to receive proposals for: 1. the purchase of an upgrade of an IBM AS/400 computer system for the Health Department and 2. the sale as a trade-in of: 2 Disk Drives #9332-600 ' 1 Storage Feature #6112 Attached is a resolution awarding Bid#96-0148 to Eastern Technology Associates, acting as an agent for IBM Corporation, the only responsible bidder, in the amount of $73,270.00. Purchase to be made as an amendment under existing contract with IBM, Contract#91-0039 previously approved by the Board of Commissioners. RECOI\'iMENDED NTOTTON AND REQUESTED ACTIONS• Recommend adoption of resolution awarding Bid#96-0148 for an upgrade to the IBM AS/400 computer system for the Health Department to Eastern Technology Associates, acting as an agent for IBM Corporation, the only responsible bidder, in the amount of $73,270.00. Purchase to be made as amendment under existing contract with IBM, Contract # 91-0039, previously approved by the' Board of Commissioners. FUNDING SOURCE: Fcdcr:+l S: ~ `• State S: Count~• S: 73,270.00 Uscr Fecs S: Other S: Monc~~ [s In Current Budget: Ycs Nc+~• Appropriation Rcqucst: No Budget Amendment Prepared: No REVIEWED BY: LGL: FIN: BUD: HR: Recommend approval r,,, . ~ ~. ,,~~;,;aP r'a;,r,n ~.,..,~ ri ~ ~, , ~ _ ,~ a ~, .. ~~~~~5) 177 Refer to Office Vision Bulletin Board for Disposition RESOLUTION OF THE • BOARD OF COMMISSIONERS ' OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly' opened by the Finance Department at 10:30 a.m. on the 14th day of November, 1995, at the County Administration Building, 320 Chestnut Street, Wihnington, North Carolina, and the following bid was received for an upgrade of IBM AS/400 computer system for the Health Department and the salt of surplus IBM computer equipment as a trade-in, Bid # 96-0148: Eastern Teclu~ology Associates (Acting as agent for IBM Corporation): - . Gross Price: $75,170.00 • . • Less Trade-In: •~ . Disk Drive #9332-600 Serial #AF1CA $675.00 „ • Disl: Drive #9332-600 ~ . Serial #DB942 ~ $675.00 Storage Feature #6112 $50.00 , ~ :.~~. •~ • Total Net Price: $73,270.00 AND WHEREAS, the M.LS. Director; the Health Department Director, the Finance Director and the County Manager rcconuncnd that the contract be'awarded to Eastern Technology Associates oPWilmington, North Carolina, the only responsible bidder, in the amow~t of Seventy-tluee Thousalid Two Hundred Seventy Dollars ($73,270.00); - ~ :; AND WHEREAS, funds have been previously appropriated and are now in Account No. 110-510-5131-2000-6400 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for an upgrade of the IBM AS/400 computer system for the Health Department, Bid # 9G-0148 be awarded to Eastem Tecluiology Associates in the amount of Seventy-three Thousand T.wo Hundred Seventy Dollars ($73,270.00);. and that the Comity is hereby authorized and directed to execute the amendment to existing contract ~~•ilh IBM, contract # 91-0039 previously approved by the Board of Commissioners. _- This 4th day of December, 1995. 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O G 7[ 4 < o F- v +' ~ ~ ~ ~ O LL w u _ ~ ~,+ W ~ p w .C ~[ ~ c w w ~ - G = M f t + ~ zszxza= z x zzz~r xz=rr O O b 0 0 0 0 O O 0000 00 UUOOOOU U U UUUC) UUVUgO Z2000N1' Z^ r 27C=z =Z=zNN K11~ O\ O~ r. ap NN^ N~ r .-M M•"NMO M p N N0~0~1r'~.7 ~ .~' . .7 N O~AOOtI~.-N N N O ~•-. O O~ N U1.0 tC1 O~ A O~ N' M N .7 '- o N pp p Y10 0 ~D # 8 ~baa aN rf WZ WW~h W C«~- ~ oN`O N U 4 0C J ~- d ¢: W T.J W m aaWCCaa~Nrv.r./gZq-ZG=.-. m U3pkN~z4:Z~Zl~ 1 ~WZJ oCWW ixXlO-~cCx((~~oC=(,~~tc~.~WO~ xoOp~~NNo~eQr~ ~ WN~oWZ6.4m~O~E~. =~C~LwJ101O~ -C.~~E-F-U0.0 WSS~~>- WNf-~ NNOtRfN RW-- O. OC S'fL'f1C f~(~ xOOC •tn CG ZZF"?~ W~WW1-W4~V.7W>WG,ZZJ C4~ yy~~ _ F^ O N f7K N O OC < < Fpp- adbaappV~N ~~Nt~{}}N.-..C]F}N-~NN~~NNa~mm}- N~}ONOI-QI^ 4n-d<~O W Q-CrK1fNSSt4t~A~ t-ao~nmomv~~-N--H•..~WZZ-~wD~•~M7c 183 a N O' M a.. O N d o~ O a N M M t n. n. m L ~ U ++ O N C w a ae N S C] ~ 2 N _ at N L d t4 O (_ W L GI .7.' a+ • N ~ M C M < «_ ._ ~ N ~ ~ ++ +~ J N e.. < i 0 i. ~ O CT O O O m r ~-- L Vl ~Q v ~r M 11 V p~ .. 7D OW i •.. o a oG 4- m L {~,1 oa .c w rt ^v O L 7 Y Q N st -~ C O r •V N m t ~-. O L ^C • o. 00 ar 7 H +~ C «g z~ r - L n ~ cn r c~ m in C b pl oa L - N «. ~ . . 7 a- V v m O a. ~ N L O r ii C L a L O m n T ~-- m G m z m N r ~ O O C o n Q r -- C O (I M L ~ ~ O {. t L07 ••• L w p ~ O C1 r O C m ~ ~ 6i ~ L i 4 m C+ O cG ¢Z m oq ~ [a 7C N M N N 0 t t :~ 0 i t e _- _ = Business Partner =__ =-= Eastern Technology Associates Statement of Work For Project Support Services Project Services Scope of Services, Completion Criteria, Charges and other applicable terms: To Provide upgrade services for the New Hanover Health Department AS/400 upgrade project and assist in the Installation of 5763-CM 1 Communications Utilities/400. Charges: $4,000 Estimated Travel Erpenses:$ 0.00 This offer will expire on 12/31/95 Each of us agrees drat tl~e complete agreement between us about these services consists of 1) this Statement of Work and 2) the IBM Gus[omer Agreement or IBM Customer Agreement -Project Suppon Services, as applicable, (or any equivalent agreement signed by both of us). Agreed to: New Hanover County Agreed to: Eastern Technology Associates, Inc. sy Authorized Signature Name type or print): 'Date: Customer Number: 6428158 Customer Address: Health Department 2027 South 17th Street Wilnngton, NC 28401 sy _ Author'¢cd Signature Name(type or print): Date: Office Address: 5041 New Centre Drive Suite 117 Wilmington, NC 28403 185 =- = : = Customer Agreement ~ ~ ~ - - Addendum for Trade-Ins for Qualified. IBM 933x and Non-IBM DASD These terms are in addition to those o/ the IBM..Ctistomer A reemenl and its Attachment for Tr . - Y g ade Ins ou accept these terms by signing below- or by using, or making any payment tor,' tl~e offering described below. 1. Eligibility: - <: To be eligible for this offering, you must trade in a qualified IBM 933x or non-IBM DASD along with associated Magnetic Storage Device Controllers with feature numbers 6110, 6111, or 6112 and 9309 Rack Enclosures (called the "Replaced Machine"). You also must purchase an 1) eligible IBM 9337 DASD or 2) IBM 'AS/400 9406 Model 3X0 or 30S with an eligible DASD feature (called the "Replacement Machine"). The Replacement Machine must have the same DASD.:gi.gabytes as, or more DASD gigabytes ttian, the-Replaced Machine: Replacement Machine Replaced Machine IBM Plant Machine Order or Machine Serial Model or Type Serial Number Model Type Number Feature Credit 9406 A1766 300 9332 AF1CA 600 $ 675.00 9332 DB942 600 675.00 9406 --- 6112 550.00 GRAND TOTAL..,,:,......c:.$1,900:.,00 ~:' t ..., - - Both of us agree that the complete agreement between us about this transaction consists of 1) This Transaction Document and 2) the IBM Customer Agreement (or any equivalent agreement signed by both of us) and its Attachment for Trade-Ins. ..Once ,signed, any ,reproduction of this Addendum, made. by 'reliable means (for example, photocopy or fa"csimile) will be considered an original - Received by IBM - - . _ .. _.. .. - - siy na~ur• _ Dal• Agreed fo: Agreed to: Customer name: NEW HANOVER COUNTY International Business Machines Corporation 4 By - By ~ Authorised signilure Aulhorii!d signaWre Name (type or print): Name (type or print): Date: ~ _. ~ " . Dale: Customer number: 6428158 " IBM Customer Agreement number: Customer address: Addendum number. HEALTH DEPARTMENT 2727 South 17th Street IBM orfice address: 5041 New Centre Drive r ~ 1 ~~ Wilmington, NC 28401 Wilmington, NC 28401 `::,~, After slgning, please return a copy of Ihls Addendum to the 'IBM Office address" shown above. 1~; A 1 1 1 1 e e 0 e i 0 ~., 0 2. Our Responsibilities We will: 1. accept the Replaced Machine; and 2. give you the credit listed in section 1 after we accept the Replaced Machine. 3. Your Responsibilities For the Replacement Machine, you agree to: 1. have a Date of Installation which is on or after July 26, 1994; and 2. make sure that we receive this Addendum, signed by you, on or before the Date of.lnstallation. For the Replaced Machine, you agree to: 1. make it available for pickup, by no later than two months after the Dale of Installation for the Replacement Machine; and 2. have it in productive use on July 26, 1.994, and on the dale you sign this Addendum. On such dates, it must be installed within the same Enterprise where the Replacement Machine is, or will be, installed. 3. return the same configuration,. except for non-IBM alterations and attachments that was installed and in productive use on July 26, 1994. 187 r: 188 ~~ 'I~ i 0 it n REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: Consent Item #: 7 Additional Item #: Department: Engineering Presenter: George Shaw Page Count In Agenda Package: Contact: George Shaw SUBJE T: Awazd of single prime contract to Paragon Building Corporation, Wilmington, N.C. for Ogden Park Pavilion,. BRIEF SUMMARY: Pazagon Building Corporation, Wilmington, N.C. is the low responsible single prime bidder for the Ogden Park Pavilion in the amount of $559,731. The multi-prime bids should be rejected because sufficient responsive bids were not received in the electrical category. RECOMMENDED MOTION AND REQUESTED ACTIONS: n Recommend approval of contract with Paragon Building Corporation for construction of Ogden Park ®f Pavilion in the amount of $SS9,731, and rejection ofnon-responsive multi-prime bids. A FUNDING SOURCE: Federal $: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: . Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: BOUNTY MANAGER' Recommend approv lam. r~ ~- ~C~G~~~~~~ n ~'°"~ ` 189 ~,~.., s _~... ~~~~~~~~ Refer to Ofrice Vision Bulletin Board for Disposition ~~~~~~~MEMO November 21, 1995 NEW HANOVER COUNTY INTER-OFFICE TO: Mr. Allen O'Neal, County Manager - Mr. George Shaw, Chief Project Engineer FROM: YPatricia A. Melvin, Assistant to the County Manager ~ (,t `~ . ~~~r . RE: Review of Ogden Park Pavillion Project As a result of reviewing documentation and Minority Business Enterprise (MBE) participation in bids on the above-referenced project, the following recommendations are made. 1. Recommend award of General Contract bid to Paragon Construction, low bidder at a bid price of $445,457 and 15% MBE participation , . , 2. ~ Recommend award of Plumbing Cortract bid to Kelly Plumbing, lovv bidder at a bid price of $32,700 and 2.6% MBE participation ~ ' 3. Recommend rejection of Electrical Contract bids. Low bidder Hodges Electric submitted a bid of $78,285. The bidder did not submit required bid documentation listing all subcontractors/suppliers, MBE participation, or data to show that a good faith effort was made to include MBE or non-MBE subcontractors/suppliers on the project. The bidder acknowledged that there were subcontractual/supplier opportunities available. Thus, the bid is non-responsive. The stated goals for MBE participation on each of the above contracts were 15% for the general contract, 5% for the plumbing contract, and 5% for the electrical contract. If the Board of County Commissioners rejects the electrical bids, the following options may be considered. 1. Reject both electrical bids, and re-advertise for electrica(contract only. 2. Consider whether the single-prime contract bid of $559,731 (submitted by Paragon . Construction) would then become the lowest responsible bid on the project, and. should ~. ,. thereby be considered for contract award.... ~; If you have questions concerning this information, please contact me. ~ . J t iv> ,4- ,1 L r, 3 ~, ., (~ ~. . . • s ,fti /aa~ 0 BIDS FOR OGDEN PARK PAVILION REBID NOV. 8, 1995 BOND DBE ADDENDA AMOUNT SINGLE PRIME I ~ ~ - - ~ ~ ~ra. G ~ I ~!a ~ i I ~ ~ .- ~ ~ G ~ 31 U ~ ~ _ ~ ~ _ _; i , _ i e I G~ Q ..~ ~~r~~r-f~~",~T, ; ~ i a ; l / ~ 5~~~,~~ - , f ~ ~ I ~ ' i i ELEC. i /3~,, S °i~ m m ~ ~ .... ~. PLUMB ~ I I -- ~ , / -_ I o ~ ,~ - ~ I .__. 3, , ~ ~ ~ DRAFT New Hanover County Contract # 96 - 0063 ,. NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this day of _ , ` - 1995, by and between NEW HANOVER COUNTY, a political. subdivision of the State of North Carolina, hereinafter referred to as "County"; and a corporation, hereinafter referred to as "Contractor". That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: _ ~ _ ._ ARTICLE I GENERAL PROVISIONS 1. ~,Prformance. Contractor shall furnish all labor, materials and equipment and shall perform all work in the manner and form as provided by the following enumerated specifications and documents, which~are~attached hereto and made a part hereof as if fully contained herein: Advertisement for Bids, Instructions to Bidders, Supplemental Instructions to Bidders (if applicable), General Conditions,. Supplemental General Conditions, AIA Document A201, 1987 edition, Contractor's Proposal, Plaris by LS3P Architects, Ltd.,. for building construction~at.Ogden Park. The work shall encompass.. building. construction, sidewalks, plaza construction and associated HVAC, plumbing and electrical work. 1.2.1 Np___Priyity with Others. Nothing contained in . r r th ~~~tract shall create, or be interpreted to create,- privity i~ 'I G' a t 0 0 i~~~ e s ~~! v e r G s or any other contractual agreement between the Owner and any person or entity other than the Contractor. 1.2.2 ~ Successors and Assign. The County- and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto. and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. -The Contractor shall not assign this Contract without written consent of the County and any surety to this contract. 1.3 The Contractor shall have a continuing duty to read, carefully study and compare each of the contract documents, the shop drawings, and the product data and shall give written notice to the owner of any inconsistency, ambiguity, error or omission which the Contractor may discover with respect to these documents before proceeding with the affected work. The issuance, or the express or implied approval by the County of the Contract Documents, Shop- Drawings or Product Data shall not relieve the Contractor-of the continuing duties .imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this contract. The County has requested the Architect to only prepare documents for the Project, including the Drawings and Specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. HOWEVER, -THE OWNER MAKES NO- REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges. and represents that it has received, reviewed and 193 carefully examined such documents,~has found them.to be complete, accurate, adequate, consistent, coordinated and sufficient fore construction, and that the~Contractor has not, does not;. and will not rely upon any;. representation or warranties by the County concerning. such documents as no such representation or warranties have been or are hereby made. •.~ ~1.4 Neither the organization of any of. the Contract Documents into-divisions, sections, paragraphs, articles, (or. other categories'), .nor the organization or arrangement of the Design, shall control the Contractor•in dividing-the Work 'or in establishing the extent or scope of the Work to be performed by Subcontractors,:. ~ - 1.5 Owne-rship_of Contract Documents. The Contract• Documents,,-.and each of them, shall remain the property of the County. The•Contractor shall have the right to keep one record.. r set of the Contract Documents upon completion of the Project; provided, however, that .in no event shall .Contractor use, or permit to be used, any or all of such Contract Documents on other- projects~without the County's. prior written authorization. -1.6~ The Work.- The Contractor shall perform. all of the, work required, implied or reasonably inferable from, .this Contract.' 1.7 .The term "Work" shall mean whatever is done by or required of the Contractora_to.perform.and .complete its duties under this Contract, includng•_the following: construction of the whole or.a designated part.of the Project; .furnishing of any required surety bonds -and insurance; and-.the provision or 194 furnishing of labor, supervision, services, materials, supplies, equipment, fixtures, appliances,. facilities, tools,. - transportation,•storage, power, permits and licenses required of the Contractor, fuel, heat, light, cooling and .all other. utilities as required by this Contract. The Work to be performed a by the Contractor is generally, described as follows: General Construction necessary to construct a recreation park including ball fields, roads, parking, buildings, plazas, and site features at Ogden Park located in New Hanover ,County, North Carolina. 1.8 Independent Contractor. It is mutually understood and agreed that .Contractor is an independent contractor. and not an agent of County,. and as such, Contractor, his or her agents and employees .shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension or retirement benefits. . ~ ARTICLE II TII~ AND LIQUIDATED DAMAGES 2.1 The Contractor shall commence the Work on the date I~ ~^ indicated on the Notice to Proceed and shall achieve Substantial Completion of the Work no later than one hundred eighty (180) calendar days from starting date. The number of calendar days I' 4 from the date on which the Work is permitted to proceed, through ~, the date set forth .for Substantial Completion,. shall constitute the "Contract Time." 2.2 The Contractor.•shall pay the County the sum of Three Hundred. ($300.00) Dollars per day for each and every t 195 i~ calendar day of unexcused delay in "achieving- Substantial. Completion beyond'-the date set forth herein for Substantial Completion of the Work. - Any~~sums due~and payable hereunder"by. the Contractor shall be payable, not as a penalty but as liquidating damages -representing an estimate of delay damages likely to be sustained by the County, estimated at or before the time of executing this Contract. `When the County reasonably believes that Substantial Completion will be inexcusably delayed,.- the County shall be entitled, but not required,=to withhold from any amounts otherwise due the Contractor an amount. then believed by the County to be adequate to recover liquidated damages applicable to such delays. If~ and when the'=Contractor overcomes the delay in achieving Substantial Completion, or any part thereof;-for which the- County has withheld payment, the County shall promptly release to the Contractor those funds withheld, but no longer applicable, as liquidated damages. _ 2.3 substantial Completion.- "Substantial Completion" shall mean that stage in the progression of the Work when the Work- is sufficiently complete in accordance 'with this Contract that the County can enjoy beneficial use or occupancy of the'Work and~can utilize the Work for its intended purpose. ~. . 2.4~ Time if of the Essence. All=limitations of time` set forth in the Contract Documents is of the essence in this Contract. _ . .:. ...... .. _.. .. ARTICLE III CONTRACT CHANGES 3:1 Changers Permitted. Changes in 'the Work within 196 the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this Contract, by Change Order or by Field Order.. 3.2 ~ Changes in the Work shall be performed under applicable provisions of this Contract and the Contractor shall proceed promptly with such changes. 3.3 Chance Order Defined. Change Order shall mean a written order to the Contractor executed by the County, issued after execution of this Contract, authorizing •and directing a change in the Work or an adjustment in the Contract Price or the Contract Time, or any combination thereof. The Contract Price and the Contract Time may be changed only by Change Order. 3.4 Changes in the Contract Pri._. Any change in the. Contract Price resulting from a Change Order shall be determined as follows: (a) by mutual agreement between the County and the Contractor as evidenced by (1) the change in the Contract Price being set forth in the Change Order,. (2) such change in the Contract Price, together with any conditions or requirements related thereto, being initialed by both parties and (3) the ~I ~ . Contractor's execution of the Change Order, or (b) if no mutual agreement occurs between the County and the Contractor, then, as j ~ provided in Subparagraph 3.5 below. I 3.5 If•no mutual agreement occurs between the County .. and the Contractor as contemplated in Subparagraph 3.4 above, the ~ change in the Contract Price, if any, shall then be determined by the County on the basis of the reasonable expenditures or s s ~~~ I' of those performing, deleting or.revising the. Work attributable. to the change,. including,. in the case of an -increase or decrease in the Contract Pr-ice, a reasonable allowance for direct job site overhead and profit. In such case, the Contractor shall present,.~_ insuch form and with such content. as the County requires, an itemized accounting. of such expenditures or savings, plus appropriate supporting data for inclusion in a Change Order-. Reasonable expenditures. or savings shall be limited to the following: reasonable costs of.material-s, supplies, or equipment including delivery costs, reasonable costs of labor, .including social security; old age and unemployment insurance, frin,ge.~ benefits required by ~ agreement or .custom, and workers' - compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools whether- rented from the Contractor or others, reasonable costs of premiums for all bonds and insurance, permit fees, and sales, use or other taxes related - to the Work,. and reasonable cost of direct supervision and jobsite field office overhead directly attributable to the change.. In no event shall any expenditure or savings associated. a with .the Contractor's home office or other non-jobsite overhead expense be included in any change in the Contract Price. Pending final determination of reasonable expenditures or savings to thee. County, payments on account shall be made to~the Contractor on. the Architect's Certificate for Payment. 3.6 If unit prices are provided in the Contract, and if the quantities contemplated are so changed in a proposed Change Order that -application of such unit.. prices to the a quantities of Work proposed will cause substantial inequity to the County or to the Contractor, the applicable unit prices shall Q be equitably adjusted. 3.7 Minor Changes. The Architect shall have authority to order minor changes in the Work not involving a change in the Contract Price or an extension of the Contract Time and not inconsistent with the intent of this Contract. Such minor changes shall be made by written Field Order, and shall be binding upon the County and the Contractor. The Contractor shall promptly carry out such written Field Orders. 3.8 Effect of Executed Chance Order. The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended,~the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim against the County for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. 3.9 Notification of Suretv. All Change Orders shall require written consent of the Contractor's surety, and the amount of applicable bonds shall be adjusted accordingly. At the time of signing a Change Order, the Contractor shall be required to certify as -follows: - - ~ - "I certify that all sureties will be notified that my I. ~ contract has been increased by the amount of .this Change Order, ~ and that a copy of.the approved Change Order will be mailed o ~~ 1~~ its receipt~by me to all sureties." No payment~to the Contractor on account of any Change Order shall be come due or payable until written evidence of the surety's consent to the Change Order .has been furnished to the Architect and the furnishing of~~such written consent is a condition precedent to such payment. ~ .~ ~. ~., Contractor shall notify its sureties of any changes affecting the. general scope of the work or change in th.e contract price (and the amount of applicable bonds shall be adjusted accordingly). The Contractor shall furnish:. proof of such 'adjustment to the. Architect and the County. ~_ - -. ARTICLE IV . ~. CONTRACT PRICE AND COMPLETION - - .4..1 The Contract Price. The County-shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required .herein, the fixed sum of - (S ) Dollars. ,The sum set forth--in this-•Paragraph shall constitute the Contract Price which shall not be modified except by Change Order as provided in this Contract. 4:2. Schedule of Values. Within ten (10) calendar-.days of the effective date hereof,. the Contractor shall submit, to:..the. County a Schedule of Values allocating the Contract Price to the various portions of~~the Work. The ~Contractor's._Schedule of Values,: shal•1 be prepared in such form, .with such .detail, and supported: by such data. as ,the Architect or the County may require to substantiate its accuracy.- The Contractor shall not imbalance 200 its Schedule of Values nor artificially .inflate any element „~ thereof. The violation of this provision by the Contractor shall constitute a material .breach of this Contract. The Schedule of Values -shall be used only as. a basis for the Contractor's Applications for :Payment and shall only constitute such basis after it has been acknowledged in writing by the Architect and the County. '4.3 Payment Procedure. The County shall pay the Contract Price to the Contractor as provided ;below. ~ LL 4.3.1 Progress Payments. Based upon the Contractor's Applications for Payment submitted to the -County, the County shall make progre ss payments to the Contractor on ,ac count of the Contract Price. _ _. _ 4.3.2 On or before the 15th day of each month after commencement of the :Work, the Contractor shall submit ~an Application•for.Payment for the period ending the 25th day of the. month to the. County in such. form and manner, and-with such supporting .data and content,'.as the County may require. Therein, the Contractor may request ..payment for ninety percent (90~) of that portion of the Contract Price properly allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Work plus ninety percent (90~) of. . that portion of the Contract Price properly. allocable to. I ~ materials. or equipment- properly stored onsite (or elsewhere if I ~~ approved in advance in writing .by the County) for subsequent incorporation 'in the Work, less the total amount of previous i ~ payments received from the County. .Paym ent for stored materials . 201 i~ and equipment sha•11 be conditioned upon the ~Gontractor's proof,: Q satisfactory-to the'County; that:the County has title to such: materials: and equipment sand shallt include proof .of required„ insurance. Such Application for: Payment .shall be signed. ~by~ the . Contractor and -'shallconstitute the Contractor's representaton.•.. that the Work•`has progressed-`to the level for. which payment is requested in accordance with the Schedule of Values, that.~the, Work has •been properly installed or 'performed .in full .accordance with this Contract,"andthat-the Contractor knows of ~no reason. why payment 'should 'not` be made asp. requested. Thereafter, the County will review the '.Application`-for Payment and may also...' review the•-Work' at the~'Proj`ect sits or elsewhere to .,determine whether the quantity and quality of the Work is as represented ih the ~•Applcation' for Payment and is-. as -required by,this ~•Contract. The County-shall make partial payments on''account of the Contract Price to ~rthe ~ Contractor within thirty (30) days. following . the.:. receipt of'each~Application for..Payment. Thee amount of~•each~ partial payment shall be less such amounts', if~.any,..otherwise:~ owing by-the Contractor to the County or which the County shall have the •right to withhold as authorized by -this Contract._ ~. ~;~ . 4•-. 4 The`Contractor `warrants that .title: to all ~ Work ~: covered by' an Application for Payment will .pass to the• -County4 no.• later than at--the time' of payment: The Contractor .`further warrants that upon submittal- of : an Application... for.. Payment, : al Work for which payments fiave been received from -the County sha113~- be .free and •clear of liens, claims, ~ security interest or other encumbrances in~favor' of the Contractor or any 'other:~person or- 02 1 0 e 1 1 i~ entity whatsoever. 4.5 The Contractor shall promptly pay each Subcontractor out of the amount paid to the Contractor on account of such Subcontractor's work, the amount to which such Subcontractor is entitled. In the event the County becomes informed that the Contractor has not paid a Subcontractor as herein provided, the County shall have the right, but not the duty, to issue future checks in payment to the Contractor of amounts otherwise due hereunder naming the Contractor and such Subcontractor as joint payees. Such joint check procedure, if employed by the County, shall create no rights in favor of any person or entity beyond the right of the named payees.to payment of the check and shall not be deemed to commit the County to repeat the procedure in the future. 4.6 No progress payment, nor any use or occupancy of the Project by the 'County, shall be interpreted to constitute an acceptance of any Work not in strict accordance with this Contract. 4.7 withheld Payment. The County may decline to make. payment, may withhold funds, and, if necessary, may demand the._. return of some or all of the amounts previously paid to the , Contractor, to protect the County from loss because of: _ a)defective Work not. remedied by the Contractor nor, in the opinion -of the County, li~kely•~to be remedied by the Contractor; _ .-; b) claims of third parties against the County or the • County's property; .. 203 i~ c) failure by the Contractor to pay Subcontractors or others in a prompt and proper fashion; d) evidence-that the Yialance of the Work cannot be completed in accordance with the Contract for the unpaid balance of the Contract price; e) evidence that the Work will not be completed in the a time required for substantial or final completion; ~ . f) persistent failure to carry. out the .Work in accordance with the Contract; ~ ~ t~l g) damage to the County or .a third party to whom the County is, or may be, liable.. ~~ ~In the event that the County makes .'written demand upon the.Contractor"for amounts previously paid by the County as contemplated in this Subparagraph, the Contractor shall promptly comply with such demand.' ~ ~~ ~.4.8 Unexcused Failure too Pay. If within ten. (lOp: days after the date established herein for payment to the Contractor by the County, the County, without cause or basis hereunder, fails~to .pay the Contractor any amount then 'due.and payable to {`~ the Contractor, then the ' Contractor may after. , seven , ~ (7) ~J additional days' written notice - to the County and the Architect, , ~' and without prejudice~to any other available rights or remedies it may have, stop. the Work until payment of those amounts due from'the County have been~•received. Any. payment not made within ten (10) days after the date due shall bear interest at the rate of percent (4'$) per annum: 4.9 Substantial Completion. When the Contractor 204 e believes that the Work is substantially complete, the Contractor _ ,,,,, shall submit to the County a list. of items to be completed or X10 corrected. When the County on -the ...basis of an inspection determines that the Work is in fact substantially complete, it will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion,. shall state the responsibilities of the County and the Contractor for Project security, maintenance, heat, utilities, damage to the Work, and insurance, and shall fix the' time within which the Contractor shall complete the-items listed therein. Guarantees required by the Contract shall commence on the date of Substantial Completion of the Work. The Certificate of Substantial Completion shall be submitted to the County and the Contractor for their written acceptance of the responsibilities assigned to them in such certificate.- Upon Substantial Completion- of the Work, and execution by -both the County and the Contractor of the Certificate of Substantial Completion, the~County shall pay the Contractor an amount sufficient to increase total payments to the Contractor to one hundred percent (100$) of the Contract Price less three hundred percent (300$) of the reasonable cost "as . ~ determined by the County for completing all incomplete Work, _orrecting and bringing -into conformance all defective and . nonconforming Work, and handling all unsettled claims. 4.1.0 Completion and~Fina~l Pavment.~ When all of-the ~ Work is finally complete and the Contractor is ready for a final ' inspection, it shall notify the County thereof in writing.: s 1 Thereupon, the County will make final inspection of the Wor ~: ~~~ .. . 'if the-Work is complete in .full accordance with this Contract and~~ ;this Contract•has~been fully performed, the County will promptly issue a final Gerti•ficate for: Payment certifying •to the County -.. ~that•the Project is complete and the Contractor ,is entitled to~. the remainder of~•'the unpaid Contract Price, .less any .amount withheld pursuant 'to thus Contract.~~: 9.11: If the Contractor fails to achieve final.. completion. within the fiime fixed aherefor in the. Certificate= of •- ~- • SubstantialCompletion, the.Contractor- shall pay. the County the sum of Three Hundred ($30:0.00) -Dollars per day-.for each -and every - - •calendar day ' of- '.unexcused delay in achieving;.: final.. completion _~ beyond the date ~ set .forth her-ein, for final -completion of•, the, •Work. Any sums, due and payable, hereunder by the_Contractor shall-. :be payable, ..not as a .penalty,, .but as liquidated damages -- :representing an estimate-of delay damages likely,to,be sustained;: by the- County; estimated at or before. ,the. time, of .executing-.this •Contract. When the. County reasonably~beli,eves that final.; • completion will be ; unexcus,ably- delaye,d,: the .County, shall be entitled, but., not required; to •withhold .from any ; amounts otherwise due the .Contractor°,an~~~amount then believed by the County- to, be adequate t:o recover ,liquidated damages • applicable ,to . . such ,delays. If and .when •the •Contractor. overcomes.: the.: delay -,in .~ achieving final complet•ion,, _ or any-part thereof.; ,for which. •th,e• County has withheld payment,-the Gounty~shall promptly release to the Contractor. those funds ,withheld, but no ,longer ..applicable, .~a~s liquidated damages., ., ,- • ° - _. 9.12-- The Contractor shall not be_}entitled to final. . 206- ~- • payment unless and until it submits to the Architect its affidavit that all payrolls, invoices for materials and h i W h k f t equipment, and other liabilities connected w e or or t 'j!~ I which the County, or the County's property might be responsible, ~ have been fully paid or otherwise satisfied; releases and waivers iii of lien from all Subcontractors of the Contractor and of-any and all other parties required by the Architect or the County; If l thi d t payment. consent of Surety, if any, to fina any r par y, ~{ fails or refuses to provide a release of claim or waiver of lien . as required by the County, the Contractor shall furnish a bond satisfactory to th e County to discharge any such lien or indemnify the County from liability. h ll f ll k fi l t • 4.13 The a County s o .sums na paymen a ma e due .the Contractor within ten (10) .days of the Architect's i • execution of a final Certificate for Payment. . • 4.14 Acceptance of final payment shall constitute a waiver of all claims against the County by the Contractor except for those claims. previously made in writing against-the County by the Contractor, pending at the time. of final payment, and " identified in writing by the Contractor as unsettled at the time of its request for final payment. I ARTICLE V COtTNTY RIGHT~AND DUTIES 5.1 Tnf~rmati~n. Services and Thinas Required From County. The County shall furnish to the Contractor, at the.t-ime of executing this Contract, any and all written and tangible I material in its possession concerning conditions below ground at 207 t the site of •the Project.'=~ -Such written and tangible. material is ~. furni-shed to the Contractor only im order- to.•;make ;complete disclosure ~of suchmaterial and not for any, other purpose. By • furnishing such material,"theeCounty.does not represent, warrant, :'or~guarantee its accuracy either in whole, in. part, implicitly or explicitly, or at all,' and •shall have no liability therefor:, ' T-he County shall also •furnish surveys, legal: limitations and utility locations (if known), and- a legal description. of.t:he ,Project -site. _. .. _ _ . -. ; . -~ and ~ fees normall 5.2, ~ Excluding-~ permits y the "responsibility of--the Contractor, the. County shall .,obtain all approvals, easements, and the like required =for.:construc.tion and ~sh'all~`pay for necessary assessments and charges required for -'constructon,'~use'~-or occupancy of permanent structures or for permanent changes in existing°facilities.. _. .~ ~- - S:3 The County- shall. furnish the Contractor, free of -charge, ten j (10)- copies of ° the -Contract Documents for execution of ` the' Work.` -The Contractor will be changed;.; and. shall pay the County, ~ One ` Hundred -.: ($100.00) Dollars -per .additional set of Contract Documents ,which it-may.require. - 5.4 Right To Stog• Work. =If ~. the . Contractor persistently fails or refuses to. perform the Work in accordance with this Contract, the County.may,-order+the Contractor to stop the'_ Work,. or . any_.describ'ed _ portion_ thereo,f~,• until the cause for stoppage ~~has~~ beeri~. corrected, no..:longer- exists,.... or_ the. County orders that.~Work:''be resumed. `-In such-.event,.:the-Contractor shall .immediately obey such order~.~ 208 ~~ ~ r A B 0 A e e 0 S.5 Qwner's Ricrht to Perform Wo k, If the Contractor's Work is stopped by the County under above Paragraph, and the Contractor fails within seven (7) days of such stoppage to provide adequate assurance to the County that the cause of such stoppage will be eliminated .or corrected, then the County may, without prejudice to any other rights or remedies the County may have against the Contractor, proceed to carry out the subject Work. In such a situation, an appropriate Change Order shall be issued deducting from the Contract Price the cost of correcting the subject deficiencies, plus compensation for the Architect's additional services and expenses necessitated thereby,. if any. If the unpaid portion of the Contract. Price is insufficient to cover the amount due the County, the Contractor shall pay the difference~to the County. 5.6 Correction of D.fPrt-s. County shall give Contractor reasonably prompt notice of all observable defects. If Contractor fails to perform corrective work within a reasonable time, County may perform such work and charge Contractor .for the costs thereby incurred. 5.7 No Waiver of Leg 1 R'aht-s. Upon completion of the contract work, County will promptly make final inspection and notify Contractor of final acceptance. However, final acceptance shall not ~ pr.eclude or estop County from correcting any measurement, .estimate, or certificate.. made before or after completion of the work, nor shall County be precluded or estopped from recovering overpayments from Contractor or his surety, or both. A .waiver on the part of the County of any breach of any 209 part of the contract shall not__.be~ held to. be a waiver of any other or subsequent breach. ~ °° -~ - 5.8 o my Mav Accept Defective or Nonconforming work. If the.County chooses to.accept defective or nonconforming Work, the County may do so. In such event,. the Contract Price shall be reduced:by: the greater of (a) the.reasonable cost of removing ,and correcting - thedefective or .nonconforming :Works- . and° (b) the difference between °thefair market value of the •.Project as constructed and the -fair.market -value of the Project had it note been constructed in such a manner as to include defective or nonconforming Work. If the:: remaining portion of the unpaid Contract. Price, if_any, is insufficient to compensate the County' for its acceptance. of .defective -or nonconforming Work, :the Contractor ,shall, upon written demand from the County, pay the County such- remaining compensation for accepting defective or nonconforming Work.- .. ARTICLE VI - ~ .. CONTRACTOR DUTIES' - - 6.1 Consistent-with the- Contractor's continuing duty set forth inSubparagraph 1.3,'-the, Contractor shall perform no part of the Work at any time-without. adequate Contract Documents. or, ; , as . -appropriate., approved Shop ;Drawings, . Product Data. , or Samples,~for•such portion of the Work. If the Contractor performs any of the Wor-k~ .knowing... it involves a~ recognized 'error, . inconsistency°or omission n.:the Contract Documents without:~such no ice to .the:. ..County;. the Contractor shall bear responsibility for-such performance ``and shall bear the_cost of correction... ° 210 6.2 The Contractor shall perform the Work strictly in accordance with this Contract. 6,3 The Contractor shall supervise and direct the Work using the Contractor's best skill, effort and .attention. The _ Contractor shall be responsible to the County for any and all ~' acts or omissions of .the Contractor, its employees and others . engaged in the Work on behalf of the Contractor. 6.4 Warranty, The Contractor warrants to the Count .. Y " that all labor furnished to progress the Work under this Contract will be competent to perform •the tasks undertaken, in a workmanlike manner, so as to meet the standards of workmanlike quality prevailing in North Carolina at the time of construction, ~: that materials and equipment furnished will be of good quality ~ry and new unless otherwise permitted by this Contract,_and that the Work will be of good quality, free from faults and defects and in strict conformance with•this Contract. All Work not conforming to these requirements may be considered defective. 6.5 supervision. The Contractor shall employ and maintain at the Project site only competent supervisory Y personnel. Absent written instruction from the Contractor to the ~" .contrary; the .superintendent shall be deemed. the Contractor's ~ authorized representative at the site and shall be authorized to receive and accept any and all communications from the County or the Architect.. ~~-~ . • .~ 6.6 Key supervisory personnel assigned by the Contractor to this Project are as follows: _ . 211 NAME :. ~ ~ ~ FUNCTION . .. ~. . - So: ong as the individuals named ,above remain actively employed or :re.taned by the~Coritra'ctor, they shall perform. the functions: indicated next Ito their names unless the County agrees to the contrary in .writing: In .the :event one.or.;more, individuals not =listed above.. subsequently. assume one, or~ amore .of those functions listed abode,,. the Contr.~actor shall be ;bound by the° ' provisions of-: the: above~SUbparagraph as though. such individuals had been listed above.:.. - .. ~ ~ ~ -. _ , ~ - 6:7_ The Contractor--,, .within ., -fifteen (15)' -. days' of commencing the Work, shall submit to~ the_.County and the Architect. for their nformation;-~the Contractor's.schedule for completing - the. Work. The' Contractor's schedule .shall- be revised~no. less frequently; than monthly (unless:the•parties otherwise. agree ri'' writing) and shall.be.-.revised to reflect ,conditions.~encountered from time ,to time and ~ shall be related..to the .entire 'Project. Each -,such revision, shall be furnished, to, the County: and the' Architect.. Failure by .the .Contractor to strictly comply with the pro.visions~of.this Paragraph shall constitute a~:material breach of this Contract. ~ - - -. .~:~6~.8 The .Contractor ;shall .continuously maintaim at the site, for the benefit of the County,"one record copy of this Contract marked-•to record on .a current. basis changes, selections and modifications made during,construction. Addit~ionally;~ the Contractor shall maintain at .the site for the County the approved 21- 2 Shop Drawings, Product. Data, Samples and other similar required submittals. Upon final completion of the Work, all of these record documents shall be delivered to the County. ~' 6.9 The Contractor shall not perform any portion of the - Work requiring submittal- and review of Shop Drawings, Product Data or Samples unless and until such submittal shall have been approved by the County. Approval by the County, however, shall not be evidence that -Work- installed pursuant thereto conforms with the requirements of this Contract. 6.10. - c'.~ Pani na the Sit and h ~j,g;,~. The Contractor shall keep the .site reasonably. clean-..during performance of the' Work. Upon final completion of the Work, the Contractor shall clean the site and the Project and remove all waste, together with all of the Contractor's property therefrom. 6.11 Ac.eSS o Wo k. The County and the Architect shall have .access to the Work at all times from commencement of the Work through final completion. The Contractor shall take whatever steps necessary to provide access when requested. 6.12 -P~rmits and Licenses. .Contractor shall procure all applicable permits and licenses, including permits and licenses required pursuant to applicable patent and copyright laws, .shall pay all charges and fees, and shall give all notices necessary and incidental to the due and lawful prosecution to the ~ work. There will be no charge for County building permits. ~: I .6.13.1 Indemnity. To the fullest. extent permitted by. '~ ~~' 1_aw, the Contractor shall-indemnify and hold harmless the County i from and against liability, claims, damages, losses and expenses,. i 213 i' including attorneys'fees, arising out ,of or~resulting~ from performance of the.. Work, provided-that such liability, claims.,,., damage, loss or ~ ~ expense , is attributable to bodily.injury, sickne~s.s, disease ~or death, ~or to injury to ~o.r destruction of tangible property (other than the Work"~itself) including loss of-" use resulting therefrom, but •only. to~ the ,:extent caused in who•he ~. or in~part by .negligent acts or omissions of ,the :Contractor, a ~~ Subcontractor, anyone directly or.indirectly employed by them or anyone for whose acts they may be~.liable, regardless of whether or not such li,ability.,_ claim,. ~.damag.e, .loss. or expense is caused in part by a-.party indemnified hereunder. .,. ,6.13.2. In 'claims .against .•" any per-son or.. entity indemnified eunder this Paragraph Indemnity, by.. an employee of .the Contractor,,. a Subcontractor, any one directly or indirectly employed by them 'or anyone. for ;whose acts they may be liable, the Indemnification.obligation under .this Paragraphshall not be limited by a limitation. on .amount or type `'of damages, . compensation- or benefits payable- by or: for=.the .Contractor or a Subcontractor :under. workers'. compensation acts, disability benefit acts or otheremployee benefit acts. _ - ~. _, 6.14..1 Insurance. Contractor shall maintain insurance from companies 'licensed to., write business in-North Carolina and acceptable .to County, of .the- kinds and •minimum amounts specified below._~ ~~ 6.. 14 .2 ~. ~ ~'Prt-i fi cateS and Notice - of Cancellation. `~ Before, commencing work under this contract;~..Contractor~ shall furnish County with certificates: of all insurance required below. 214 Certificates shall indicate the type, amount, class of operations, covered, effective date and expiration date of all policies, and shall contain the following statement: "The insurance covered .by tYiis= certificate. will not be cancelled or materially altered, except after thirty (30) days written notice - has been received by New Hanover County". 6.14.3 Contractor shall orovide Workers ompenSat-inn and Emplpyers Liability Insurance covering all of the Contractor's employees to be engaged in the work under this contract; provide the required statutory benefits under North _ Carolina Workers Compensation Law, as well as employers liability insurance providing limits at least in the amount of $500,000/500,000/500,000 applicable to claims due to bodily P injury by accident or disease. ' _ 6.14.4 contractor shal_1 provide Commer-ial ,,~neral_ Liability including coverage for independent contractor operations,. contractual liability assumed under the provisions of this contract, products/completed operations liability .and broad .~ form property damage liability insurance coverage. Exclusions applicable to explosion, collapse and underground hazards are to be deleted. when the work involves these exposures. The policy ~~MY shall provide liability limits at least in the, amount of. $1,000,000.00 per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. County ~ ~~ shall be named as an additional insured under this policy. ' 6.14.5 Owners and Contractors~Protec-t-ivP Liability Insuran is to be issued in the name of County. This covers e i g f shall be provided by a separate policy and written with li~~~ty L ~e limits at ;least -in, the .amount. ~ o'f $1, 000, 000.00 per occurrence,.: combined single 1'mits, ~ applicable to- claims .due to ~bodiiy injury. and/or property damage arising out"of work to be:pe'rformed under this contract on~behalf of`the County.~~~ 6.14.6 Builder's Risk Insurance. ~~ Contractor shall provide builder's risk insurance written in the amount of 100 per cent of the contract amount. Coverage shall apply to risks of ... r ~ ' direct physical loss or damage to buildings and structures while ~ ~ .. . in the course of construction, including foundations, attachments machiner and all ermanent fixtures constitutin a Y P g part of said buildings or structures. Contractor shall be responsible for any loss within the deductible applicable to this insurance. The coverages shall be written in the name of Contractor .and shall protect the County as its interests may a ear . ~ ~ , .. PP .. 6.14.7 Automobile Liability Insurance. Covering a,ll U owned, non-owned and hired vehicles to be used upon site or in U connection with contract work, Contractor shall provide liability ~, limits at least in the amount of $1,000,000.00 per .occurrence combined s'n li limi s a lic ble o claims due o bo it 'n' r i g e t pp a t t d y i ~u y .... .. and/or property damage. (~ 6.15 Surety Bonds. The Contractor shall furnish separate performance and payment bonds to the County. Each bond shall set forth a penal sum in an amount not less than the v b • ~ , Contract Price. Each bond furnished by the Contractor shall incorporate by reference the terms of this Contract as fully as though they were set forth verbatim in such bonds. In the event 216 _ fl 1 A 1 1 e t a a t e r A 1 1 the Contract Price is adjusted by Change Order. executed by the Contractor, the penal sum of both the performance bond and the payment bond. shall be ,deemed increased by like amount. -The performance and payment bonds furnished by the Contractor shall be in form suitable to the County and shall be executed by a surety, or sureties, reasonably .suitable to the County. The. Contractor shall. provide surety_ bonds wherein Surety waives ntoice of any and. all modifications, omissions, .' additions,-changes and advance payments or deferred. payments~in or about the Contract,. and agrees that the obligations. undertaken by the~~Bond shall. not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The surety bonds must set forth no requirement that suit be- initiated prior to the time stipulated in applicable North Carolina Statutes of Limitation. 6.16 Subcontractors. Contractor ;shall be fully responsible .for all acts and omissions of his or her subcontractors and of persons and organizations employed~by them to the same extent that Contractor would be responsible for these acts and omissions. ARTICLE VII P~RCHITECT 7.1 The County and the~Contractor shall communicate with each other in the. first instance through the Architect. -a 7.1.2 The Architect shall be the initial interpreter of the requirements of the drawings and specifications and e 21,E judge of the ..performance by -the Contractor. :The .Architect shall render written or,~~graphic-interpretations necessary .for the proper execution or .progress •.. of the Work .with reasonable;. promptness' on •reques-t' of the Contractor: ~. ,. ~~ 7.x:1:3 Theo..'Ar:chitect ~ sha-11 ;.have: -authority to. reject Work which is defective . or ~ =does not conform to Mahe :requirements .- of : thi<s . Contract :~ : • .. I f the ..Archi.tec,t deems it- ~ necessary or advisable., the Architect~° shall-,:...have authority, to -require -:- additional•inspecton or~testng of the; Work for .compliance-with Contract requirements... ' : ~~ ~ "' Z.,1;.4 The Archit;ect's decisions in matters relatng~to • aesthetic effect -shall' -~be final..i.f consisten~t,,with. the intent of: this Contract . ~ ..~ ~ ~ . ~ ~ ~ . ,,7..1.5• IJncoverina• work. If. ,any of they Work is covered so _ .as , to, -be - unavailable _-•for inspection.. contrary to the Architect's request or to any provisions -of :this- Contract, it shall~,• if required .by the Architect or the County, .:be uncovered for. the Architect's inspection and.shall.be properly 'replaced at the-Contractor's .expense without•change•n the Contract Time. .,; ;.• ..~ 7 , 1 . 6~~ °.I f .any o,f the Work~•,is covered ' in a• manner. not consistent with this contract or Architect's request, it~a_•shall, if required by the Architect or ,County, be uncovered for the Architect's inspection. If such'°,Work conforms strictly with this Contract,.. costs.-of.~ uncoveri~n~g. a•nd proper repaacment • shall by Change Order-= be charged to-~;the..County. If' such . •Work, .does not ' .~ strictly,-conform. with this Contr-act, th.e :Contractor shall '.pay the `~ costs •. of •uncoperng ..and, pr-.oper r.ep.lacement .. ~ .. ~- 21~8 ~' the Contractor must give the County written notice of, and an opportunity to observe, the condition prior 'to ,disturbing it. The failure- by~the Contractor to make. the ,written notice and ~, claim as provided in this Subparagraph shall constitute .a waiver by the Contractor of any claim arising out of. or relating to such. concealed or unknown condition. 8.3.1 Claims for Additional Costs. If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the County written notice thereof within fifteen days after the occurrence of the event giving. rise to such claim. Such notice shall be given by the Contractor before proceeding to . execute °any additional or'changed Work: The failure by the Contractor to give such notice. and to give such notice prior to executing the Work -shall constitute a waiver of any claim for additional compensation. No such claim shall be valid unless so made. ~ .~ •8.3.2 In connection with: any claim by the Contractor against the County .for compensation~in excess of the Contract ' Price, any liability of the County for the 'Contractor's costs shall be strictly limited to' direct costs incurred by the Contractor and shall in no event include indirect costs or consequential damages of the Contractor. The County shall not be liable to the Contractor for claims of third parties, including Subcontractors, un•less~and until liability of.the.Contractor has been established therefor in a court of competent jurisdiction. .:. 8.4.1.~laims for Additional Tim If the Contractor is delayed in progressing any task which at the time of the dela is 2'~9 ,~y : ;:.' ~ ~ .~ "ARTICLE VLII ~:: ~ . .. CLAI S ~ ~ a , . 8~.1 .1~~:_S1'a~ms by the Contractor-.. , .All Contractor claims shall . be in-itiated.. by °written:. noaice~. and° claim to° the ~ County,. Such .wri~t`ten .=notice °,and claim must. be• furnished: :within., seven - (7) days after occurrence of the event, or; :the firs~t~F~appearance o.f the ° condition, ~g•ving rise to ..the ~ claim. ~ : . „ . , .:-8.1,.2- Pend'~ing:~final resolution of~;,any claim of the_ Contractor, the -Contractor shall: .diligentlyproceed .;with - performance°a of this- Contract and the County shall., ,.continue to.':- make,payments to the Contractor in accordance with this..Contract:= ~~ The .;::resolution : of -any claim under .this Par.a~graph sha11~ be reflected •by a ::ChangeOrder executed by. the County:; the Archi•tec.t ~ ' and theContractor. ~ ~ ~ ~ - .' - - ~. . ~:8.2 .~ • ~ ~. ('l aims for Concealed -and Unknown ~onditi~ons: Should concealed and unknown conditions be encountered in the:. performance,. of .the Work (a) ••-below the sur~f~aee~ . of the ground or (b) ' in an ,existing structure be~ at variance with the .conditions ... indicated by this- Contract, -or should .unknown conditions . of an _:. unusual -nature differing materially from '.those. ordinarily encountered-~ in~ the rarea and generally recognized'-as `inherent in: Work- of the ~ character provided 'for , in ...this Contract,.. be . encountered-;;. the .Contract :Price shall be' equitably adjusted by.~ Change Order .upon :the .. written` notice,,..and claim . by either party made wthin.~seven (7)•, days after-.the. first observance. of• she' condition.~~..As..a condition precedent to the., ;County .having any liability to the Contractor for~;concealed or unknown.. conditions, " 220, ~:• t s t t t s 1 t y e r r 0 0 then critical or which during the delay becomes critical, as the sole result.of any act or neglect to act by.the County or someone acting in the County's behalf, or by changes ordered in the Work, unusual delay in transportation,- unusually adverse weather conditions not reasonably anticipatable, fire or any, causes beyond the. Contractor's control, .then the date for achieiving . Substantial Completion of the~Work shall be .extended upon the written notice and claim of the Contractor to'the County, .for such reasonable .time as 'the County may determine by written change order.. Any notice and claim for an extension of time by the Contractor shall be made not.more than .seven (7) days after the occurrence of the .event or the first appearance~of the .condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the Project.- In :the :event the delay to the Contractor is a continuing one, only one notice and claim for additional . time shall be necessary. If the Contractor fails to make such claim as required in this Subparagraph, any claim for extension of time shall',be waived. ~ - .. 8.9.2 If the Contractor alleges delay by the Owner or Architect or any Agent or employee of either, the Contractor's sole and -exclusive remedy for h d la_v shall be to request a time extension for completion of the Contract and not damages. - ARTICLE IX - . SUBCONTRACTORS - 9.1 Su~--ontractor.~: A Subcontractor is an .entity which. has a direct contract with the Contractor to per a ~~1 portion of the .Work.. ~ - • 9.2 Award' 6f` "Subcontracts. •-~ Upon execution df- the •~_ Contract, the Contractor ~ °shall furnish • the County,' in' writing" the ~: names of persons or entities ~•proposed~ by. the ~-Contractor to '' act as a Subcontractor on the P-roj ect : The County sha•11 within ten (1'0) days reply. to the Con-tractor,'in writing, stating any ' objections. the County may `ha•ve tosuch proposed Subcontractor. ~• i The Contractor sha1T not- enter imto::a .Subcontract with- a -proposed Subcontractor . with .reference" to whom the' County has :made -timely ' objection. The Contractor shall• not be required to: Subcontract with-any party to whom- the' ,Contr-actor.~~has objection. ~ ~ ~ ~ - .. 9.3 All Subcontracts.shall'-afford the Contractor right`s- against the Subcontract`o~rs~which.~correspond • to those rights afforded `to: the County.:again's.t the Contractor herein; j6nclud~ng those.. Frights afforded- toy the County by Subparagraph "10.2, Termination` by Owner...- ~ , .~ ~ ' ~ ~+. . ~ - - .. :TERMINATION .:'' .. 10.1.1 Termination by the Contractor:'". If the 'Work is-.~. stopped for a period o•f' ninety '(90) days' by~=an order of any court or other public authority; or' asa ~a resula ~of~ :_~an ,act of~ 'the Government,•: through no fault •of the Contractor- or any person or ~: entity working directly or indirectly for the Contractor, the= . Contractor may, upon ten (10) days'~~writt`en notice to. the County and the Architect, terminate pe'rformance'-under this Contract and recover ..from ~ the County °~ .payment for. ~_the'•::actual reasonable expenditures. of• the~..Contractor' for all. Work executed' and• for' 222 t s 0 v a r s a 0 1 t B B 1 materials,... equipment, tools, construction equipment and machinery. actually purchased or rented soley for the Work, less any salvage value of any such items. • 10.1.2 If the County shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of fifteen (15) days after receiving written notice from the Contractor of .its intent to terminate hereunder, the Contractor may terminate performance under this Contract by written notice to the County. In such event, the Contractor shall be entitled to recover from the County as though the County had terminated the Contractor's performance under this Contract for convenience pursuant to Subparagraph 10 below. 10.2.1.1 Termination by the Owner -~•For Conv niPnrP.. The County may for .any reason •whatsoever terminate performace under this Contract by the Contractor for convenience: The County shall. give written notice of such termination to the Contractor specifying when termination becomes effective. 10.2.1.2 The Contractor shall incur no further. obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the-liabilities and claims arising out of the termination of subcontracts and orders. The County may-direct the~Contractor to assign the Contractor's right,. title and interest under terminated orders or subcontracts to the County or its designee. ~ • 10.2:1.3 The Contractor shall transfer tit d ~~~ deliver to.-the County such completed or partially completed Work •.- and mat,eriaas.,, equipment, .parts, fixtures, information -and Contract rights as the Contractor has. 10.2.1..4. :(a) The Contractor ; .shall. ..submit a termination claim to the County and. the .Architect specif-ying,:the. amounts due because of, the .termnation,:.for convenience together.• with costs,.pricing•or other data required by the Architect.:, If the ,Contractor fails to: file a .termination .claim., within one (1)~ year from the .effective date of•termination, the Coun•t,y shall pay the•Contractor, an amount, derived in; accordance with subparagraph (c), below: • x - (b) The County and the Contractor. may, agree ~•to •the compensation,. if any, due ~to •the ,Contractor hereunder...:.,.. (c) - Absent agreement to ,the- amount due to .the Contractor, they County shall pay ,the, Contractor the following-~..: amounts: • •~ {i) •, Contract prices for„ labor, materials, equipment and other services. accepted. under this Contract. :. (ii) -.Reasonable costs incurred in preparing' ..to . perform and- in performing the terminated portion of the Work, and. in terminating the;Contraetor's.~ Performance,. plus. a fair. and reasonable allowance for overhead and profit thereon (such.profit~; shall not include anticipated profit or consequential damages);` provided however, -~•tha•t ~i.f it appears that they Contractor >would: ". have not profited or would, have sustained 'a .-loss if thee.entire - Contract would have been completed, no profit shall be allowed or ~~ included and, the amount o,f compensation shall .be reduced to 224 t w t i reflect the anticipated rate of loss, if any; (iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subparagraph 10.2.1.2 of this Paragraph. .These costs shall not include amounts paid in accordance .with ..other provisions hereof. 10.2.2.1 For Cause. If the Contractor persistently or repeatedly refuses or fails to prosecute the Work in a timely manner, supply enough properly skilled workers, supervisory personnel or proper equipment or materials, or• if it fails to make prompt payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority" having jurisdiction,• or otherwise is guilty of a substantial violation of a material provision of this Contract, then the County may by written notice to the Contractor, without prejudice to any other right or remedy, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned -by the Contractor and may finish the Work by whatever methods it may deem expedient. ~ In such, case the Contractor shall not be entitled to receive .any further payment until the Work is finished. ~ • 10.2.2.2• If~ the unpaid balance of the Contract Price exceeds the cost of finishing the work, .such excess shall be paid to the Contractor. If such cost exceed the unpaid balance, the Contractor shall pay the difference to the County. T 's 22~ obligation. for payment shall survive the termination. .of the Contract. 10.2.2..3 'In the event the employment of the Contractor is terminated by the County for cause pursuant to Subparagraph 12.2.2 sand it is subsequently determined by a Court of competent jurisdiction that Such termination was• without cause, such termination shall thereupon, be deemed a Termination for Convenience under first paragraph and ..the provisions of such paragraph shall apply. ARTICLE XI SOMPLIANCE WITH LAWS . 11.1 Laws To Be ..Observed. Contractor shall observe and comply with all Federal and State laws, including Department of Labor .Health and Safety Regulations, and all. local laws, ordinances and regulations which in any way affect the conduct of the contract work. ~ .. 11.2, ,Contractor shall comply with N.C.G..S. Chapter.87, Article 8 and provide all. notification .required by statute and Contractor shall be responsible for cost of repair to all utilities damaged during construction.- 11.3 fixes ~ Contractor shall pay all applicable Federal, State. and local taxes, including sales taxes on all equipment and materials used in the project. County is qualified to receive all sales taxes paid on the project as a rebate. Contractor shall .submit. a statement showing the' invoice, sales~~ taxes paid to State, sales taxes paid to county. of .vendor's location, and name of county of .all material and equipment .used 226 fl ,~, in the project. A tax statement shall be submitted with each pay request and shall. be accompanied by an affidavit verifying validation. • 11.4.1 Nondiscrimination. Contractor will take affirmative action not to discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the activities which are the subject of this contract, because of race, creed, color, sex, age, disability, or national "origin. 11.4.2 Goal for Participation by Minority B]S~naS~PS, ~; It is the policy of the County that minority businesses shall have the maximum opportunity to participate in the performance of contracts financed with public money•including contracts awarded pursuant to the requirements of N.C.G.S. §143-128. New Hanover County, pursuant to N.C.G.S. 143-128(c), has adopted a percent (_$) verifiable goal for participation by minority businesses in the GENERAL CONTRACTOR branch of work required by the terms and conditions of this contract. New Hanover County, pursuant to N.C.G.S. 143-128 (c) has adopted a percent (_$) verifiable goal for participation by minority businesses in the HVAC branch of work required by the terms and conditions of this contract. New Hanover County, pursuant to N.C.G.S. 143-128(c) has adopted a percent (_~) verifiable goal for participation by minority businesses in the ELECTRICAL branch of work required by the terms and conditions of this contract. 227 New Hanover County, pursuant_to N.C.G.S. 143-128(c) has adopted apercent (_~). verifiable goal for participation by minority businesses in the PLUMBING branch of work required by the terms and conditions of this contract. Contractor covenants and agrees to comply with said policy. of the County and. the provisions of.N.C.G.S. §143-.128 and shall follow -County- guidelines.•specifying the actions that Contractor must. take to ensure a .good faith effort. in the recruitment and Selection of. minority.. businesses for participation in this contract. • 1.1.5 C'~ntractor shall comply with the- following federal•provisions:~ - . a. S°c~ntrac-t Work Hours and -Safety Standards Act.: ~ Contract Work Hours .and Safety Standards-. Act:. (,40 USC 327-330) as supplemented by Department of ..Labor Regulations contained in 29 CFR Parts 3, 5 and 5a. _ b. S~p~land "Anti-Kickback"-Act.- The- Contractor shall•~ fully comply with all Federal provisions set forth in this act and 29 DFR 85.36, such that each contractor shall_ be prohibited • from inducing,. by :any means, any. person employed- in the construction,-.completion, or repair of public work, to give up any part of the compensation to which he, is otherwise entitled. The Contractor shall report all^suspected or reported violations to New Hanover County. and other appropriate authority. c. ~PCi-i~n 504 of the Rehabilitation Act of 1973, as . amended and Nondiscriminati-Qn on the.Basis of Handicap. The •~ Contractor shall fully comply with all. Federal provisions set 228 0 w forth, such that no qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination hereunder. d. Aae• Discrimination Act of 1975, as ~ amenc~er3 anr~ Nondiscri_mination on the Basis of AgQ.. The Contractor shall fully .comply with all Federal provisions set forth such that no qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination hereunder. e. Executive Order 11246. The Contractor shall fully comply with all Federal provisions set forth in this order. ARTICLE XII 12.1 Intent and Int rpretati~n, The intent of this 0 Contract is to require complete, correct and timely execution of the Work. Any Work that may be required, implied or inferred by the Contract Documents, or any one or more of them, as, necessary to produce the intended result shall be provided by the Contractor for the contract price. ~ _ 12.1. 1 i,aw ARpI 1 P~. All of the terms and conditions contained in the contract documents shall be interpreted in accordance with the laws of the State of North-Carolina. 12.1.2 Deletions of General onditi~ns, The following General Conditions of the AIA Document A201, General Conditions of the Contract for Construction - 1987 Edition,~are hereby deleted: Arbitration in Article 4.5. 229 12.1.3' Arbitration. Arbitration of claims, disputes and questions arising under this contract. may only be used when both parties agree- to, arbitrate. Arbitration shall be in accordance with the Construction Industry Arbitration Rules of the"-American Arbitration Association. then obtaining,. In no event shall fewer than three (3) arbitrators be used; County and - Contractor shall each select one (1) arbitrator,and.the two (2). arbitrators.. shall select a third. The award rendered. by the arbitrators shall be final, ~specifica-lly -enforceable and, recordable as a judgment in ...any .court. having jurisdiction thereof. ~ _ 12.2.1 Entire Agreement. This agreement and the .noted documents and specifications constitutes the entire understanding of the parties. The contract documents .shall be given precedence in the following order: Agreement, Modifications,. Addenda, Supplementary -Conditions,.. Special Conditions,. Instructions to Bidders, General Conditions, Specifications and .Drawings. - 12.2.2 As between numbers and scaled measurements on the Drawings-and in the Design, the.•..numbers shall .govern; as between larger scale and smaller scale drawings,. the larger scale shall, govern, 12.2.3 This contract. is intended to~ be an integral whole and shall b.e,interpreted as internally consistent. What is required by any one-contract document. shall be considered as required by the Contract.. _ 12.2:4 ,.~tQp -Drawings 'Product -Data and Samples. (7.9.1) Shop Drawings, Product Data, Samples and other submittals 230 r r i 1 1 1 1 1 1 i, i 1 e I e r from the Contractor do not constitute Contract Documents. Their purpose is merely to demonstrate the manner in which the Contractor intends to implement the Work in conformance with information received from the Contract Documents. 12.2.5 When a word, term or phrase is used in this contract, it shall be interpreted or construed, first, as defined herein;' second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in .the construction industry, according to its common and customary usage. 12.2.6 The words "include", "includes", or "including" as used in this contract, shall be deemed to be followed by the phrase, "without limitation". . 12.2.7 Words or terms used as nouns in this contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 12.2.8 The specification herein of any act, failure, refusal, .omission, event, occurrence or condition as constituting a.material breach of this contract shall not imply that any other, non-specified act, failure, •refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of this contract. 12.3 Notices. All notices required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Registered Mail, Return Re ei t 23'~ Requested: To County:.. Attn: `.Allen O'Neal, County Manager ~ . 320 Chestnut Street, Room 502 Wilmington, NC 28401 To Contractor: Attn: IN WITNESS WHEREOF, the partieshave caused the execution of this instrument, by authority duly given and on the day and year first above written. . NEW HANOVER COUNTY , [SEAL) Robert G. Greer, Chairman . Board of Commissioners ATTEST: Clerk to the Board .. (CORPORATE SEAL) President ATTEST: Secretary 232 e ,~; This instrument has been pre- . audited in the manner required ;~ by the Local Government Budget and Fiscal Control Act. ~~, County Finance Director NORTH CAROLINA NEW HANOVER COUNTY Approved as to form: County Attorney I, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by herself as its. Clerk. WITNESS my hand and official seal, this day of . 1995. My commission expires: NORTH CAROLINA NEW HANOVER COUNTY Notary Public I~ a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Secretary of a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him/herself as its Secretary. ~~ My commission expires: WITNESS my hand and official seal, this day of _ 1995. Notary Public 233 r Tliis page .intentionally left blank ~ - . ~ - -. - - 234 ~! ~- CONSENT AGENDA Bud et Amendment ITEM NO. g g DECEMBER 4, 1995 ~~~ ~%/ ~ // /' // j/ ~~/~~i~~/%~i%~i~%!%/•'i~/~~~/ ~~~/~~~ ~~ %~/;%//~%/%/~~// ///.~~~ii ~'a~//~ %/iii/~/~/ .i ////j // ~/// i/ %// %///,/ ///~i//,,//~j;~/~i,~///!///~///%~/~/~% ,%% /%~/~~/ /%%// ~/ /%/%%//// / DEPARTMENT BUDGET AMENDMENT # DATE ~' Social Services/ 96-0080 12/04/95 Child Day Care ' ' Social Services/ Chi 7 d Dav a_r~ Office of Day Care $67,641 Day Care Services $67,641 To budget additional State funding received for child day care services. ~t+~l U ~~ u ~ ~,V U ;~I~~ '~~J~ Ifl~,r,"`" 1 ~-~- ~a ~ ~ ; _.- ~ ~ Por Budget 0((•tcc>'s~~~hcn rcpori Vb~r~tl ~. p y" ,- .. c, .:wc,_~akl.~.r• r'rb:l~~~ toCommissioncrsa nex rcgu armccting !~, A ( ~ a / and enter in minulcs. 1J`°~-~ ~-u-' 2 f 4n.I~J . , ~L~. To be approved by Commissioners. ~,-Q..~~ To be entered into minutes. This page intentionally left blank ~ ' 236 , ~.. ~~ t i REQUEST FOR BOARD ACTION Meeting Date: 12/04/95 Regular Item #: Consent Item #: 9 Additional Item #: Department: Environmental Management Presenter: Ray Church Page Count In Agenda Package: Contact: Ray Church nrTr.m~m ~7VDJGl~ l " Bikes for Tykes BRIEF SUMMARY: In an effort to reduce the number of bicycles being disposed at the laridfill and to recover, repair, and place bicycles in the hands of less fortunate children, the Department of Environmental Management has conceived a program to entitled "Bikes for Tykes". Details of the program are described in the attached correspondence dated July 27, and November 21, 1995. Generally, the program consists primarily of volunteers. The bicycles are donated from the general. public and are repaired by volunteers from the Department of Aging's Retired Senior Volunteer Program. Keys for Industrial Training has agreed to donate space for collection and repair of the bikes and to use their clients to clean the bikes. The Department of Environmental Management will function to coordinate the collection of the bikes through its Recycling program, picking up bikes while in the community distributing composters. Recipients are determined by RSVP committee. RECOM1ViENDED MOTION AND REOUFSTED ACTIONS• Staff wishes to obtain the endorsement of the Board of Commissioners to promote this program. The program will be of little cost to the County through the use of volunteers. The cost of repair parts will be retired through the sale of a donated bike. This type arrangement already exists with Two Wheeler Dealer who offers the parts at a significant discount. The Department's primary function will be coordination and collection. A grant from the State Office of Waste Reduction will be requested to help fund this waste reduction program. FUNDING SOURCE• :~ Federal S: State S: County S: User Fccs S: Other S: Nloncy Is In Current Budect: New Appropriation Rcqucst: Budget Amcndincnt 1'rcparcd: ~\ REVIEWED BY: LGL: FIN: N/A BSHELL BUD: HR: N/A AMALLETT ,i' NTY NA ER' MM AND RE 1~TMENDAT N Recommend Board endorsement. . . ~~ ~ ,, ~ 237 (y~Y'-yin 811 l4'~e euJee 9+~1~i~~IJy~SbiL' . ~ ~~~~ 2 ~~ q~ _~ L~ ~, Refer to Office Vision Bulletin Board for Disposition NEW HANOVER COUNTY INTER-OFFICE ,,,::,:.:::MEMO November 21, 1995 TO: Allen O'Neal County Manager ; ,•~ - FROM: ~ Ray Church, Director ' ' Environmental Mana eme~ g RE: Bikes for Tykes Program ~ ' .The proposed "Bikes for Tykes Program" is the result ofan experience'last Christmas as described in the attached July 27 letter to Mr. Pridgen. Since July, a number of events have ~' occurred regarding the proposed program which I will address in the following text.. - After. the July 18 meeting, Howard Brown, RSVP Director, developed a PSA for RSVP volunteers. No volunteers were~found initially, but numerous bicycle donations • 'were received.` As:of last week, six volunteers have signed up to assist. ,. . - Contact with theSalvation Army found,that only new bikes.were distributed through the .Star of Hope at Christmas. However, distribution can be handled through DSS Foster Care, Boy's Club, Sister Rosemary at Saint Mary's, Good. Shepard House, and other programs. A committee of RSVP volunteersto screen applicants and recommend distribution is under review. - It was discovered that Ivlr. Bruce Watkins (Watkins Hardware) has- been operating a similar program for several years. Mr. Watkins was contacted about the proposed program and a potential conflict with his program. He stated that he was currently repairing.200-300 bikes per year and could use additional help, especially cleaning the bikes which could be performed by Keys clients. He also advised that Mr. Jim. Mincher of the Two Wheeler Dealer bike shop supplied parts and support for his program. " - - Mr. Jim Mincher was contacted and agreed to support the program. Parts will be provided at a 40% discount. An account will be set up and once reaching $100, a donated bike will be sold to settle the account. The same procedure has been used with Mr. Watkins' program. 238 ~ ° . ~*~ ~ F:o~aae~^, .. .~, ;, t~ Allen O'Neal November 21, 1995 page 2 - Keys for Industrial Training is providing space and benches to work on the bikes. The ,~. site also operates as a drop-off collection point. Clients will work with volunteers to clean bikes of rust and do minor repairs such as saddle and reflector replacement. - A release to be signed by the recipient of the bike is being prepared to limit the liability of the program participants. The volunteers doing the mechanical repairs are well qualified with years of experience in bike repairs. Most repairs will consist only of tire,` chain, saddle, reflector, and grip replacement. ,~ ' - The bikes will be registered through the City of Wilmington Police Department. Helmets will also be solicited from the Bike Safety Program and donations. ~~ :~ . . - Donations of monies, tools, helmets, and bikes from those wishing receipts will be ~ handled through the ~Ol (c)(3) Tax-exempt, Non-profit, Keep America Beautiful System. - Collections will be coordinated through the Department of Environmental Management ~, Administration and Recycling Sections. Calls will be received and data based through the Administration Section. Pick-up of donated bikes will be coordinated with the v distribution of pallet composters through the Recycling Section. • ~~' Distribution of bikes will occur year round to qualifying organizations. - The Department of Envirorunental Management will file a grant application with the ^' NC Office of Waste Reduction to support the program. If awarded, the monies will be used to purchase bike repair work stands, tools, supplies, parts, etc., eliminating the need to sell bikes to settle accounts. In conclusion, while my research has found that a small bike repair/distribution program ,~~ currently exist, discussions with Mr. Bruce Watkins reveals that the need for bikes far exceeds the capability of that program to meet. The proposed program has demonstrated the ability to draw volunteers and bike donations with only limited exposure. Costs to operate the program is minimal due to the efforts of volunteers and contributions from the public, and the County can expand the current program with little effort and existing resources. The County also has the ability to apply for a grant through the NC Office of Waste Reduction, a resource unavailable to `~~ the current program. This program provides an opportunity to benefit under privileged children and adults, reduce the number of bicycles entering the waste stream, and offer good public ~`• relations to the County Departments. If you would like to discuss this proposed program in further detail, please call. f 239 t RAYMOND 4 CHURCH JR. Duector of Environmental Management July 27, 199 NEW HANOVER COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 3002 U.S. HWY. 421 NORTH WII.MINGTON, NORTH CAROLINA 28401-9008 TELEPHONE (910) 341-43x0 • Faz (910) 341=4371 , . T0: W. C. Pridg¢n, Keys for Industrial Training Howard Brown, Retired_ Senior Volunteers P ,gram FROM: Ray Church, Director, Department of Environment anagement RE: Bikes for Tykes Program This memorandum is to_ confirm our discussions at Keys on July 18, 1995, regarding establishing a program to collect used bikes, repair them, and distribute the bikes to needy children. ;; • ,- ... • •7r Having•two young children who had received bicycles for Christmas added two used, but not abused, bikes to the collection of junk in my garage. Realizing that there are hundreds of children receiving bikes for Christmas, I made a point to observe how many bikes would be set out for garbage collection over the weeks after Christmas. Over the next month dozens of bikes entered the waste stream. Many of these bikes needed only minor repairs but ~~ere destroyed when placed in the trash compactor truck. Many bikes were'delivered directly to the .landfill and were placed in the metals recycling container, again, many only needing minor repairs. Remembering the number of children asking for bicycles through the Salvation Army's Star of Hope request for assistance before Christmas gave me the idea of trying to develop a program to repair the used bikes and give them to the Salvation Army for distribution next Christmas. As an additional benefit, the program will also promote the waste reduction ethic~promoted by the State's Solid Waste Section, and tray qualify for a grant from the Office of Waste Reduction. Since the idea of the program is to be all volunteer,. the Retired Senior Volunteer Program (RSVP) Director was contacted'to.seek volunteers for the program. Additionally, Keys for Industrial Training (Keys) was contacted for space, and clients, to`.work with the volunteers. The meeting of July 18 was held to discuss the development of a program, Bikes for Tvkes. ~• ~ - ~~ Tonics of Discussion: • Space Keys, located at 1214 Kidder Street, has space available immediately for a workshop where bikes can be repaired. Some storage space is available 24 0 inside with additional space available outside. .. r ~- Bikes for Tykes July 27, 1995 ` page 2 ,~ • Tools Tools, consisting primarily of hand tools, will need to be obtained. Donations of tools will be solicited through Public Service .., Announcements (PSA's). Howard mentioned that the Department of ' Aging had refused donations of tools in the past due to lack of need for them, but would accept tool donations in the future. • PSA's Public Service Announcements will be developed by Ray Church and distributed to the media. The PSA's will advise the public of the program,solicit volunteers, tool and bike donations, and advise how ~~- bikes can bedonated. ~, • .Volunteers Howard has sent notices in the RSVP newsletter requesting volunteers. He has had no response to date other than donations of bikes. Howard will continue to send notices in the newsletter for volunteers to repair and to collect donated bikes. He feels confident volunteers will tie located. • Keys W.-: C. has agreed to allow Keys to be a drop-off point for donated bikes. Keys clients are available immediately to begin working with RSVP volunteers. The clients working with the RSVP volunteers will be a benefit to the Keys program. ~! • Insurance RSVP volunteers have insurance coverage through a policy held by the Department of Aging. Keys clients are covered through a Workers's Compensation policy held by Keys. Mr. Carlton Allegood, Insurance ~' ~ Advisory Commission, advises that the County's general liability - insurance would cover any program sponsored by the County. The . program will be sponsored by the Department of Environmental Management. • .Collections Collections will be coordinated through the Department of Environmental Management initially. Once RSVP has volunteers for collections, the Department of Aging may be a call-in site for scheduling . collections. The County's drop-off Recycling sites may also be utilized '•'~- if a locking mechanism can be located to secure the bikes. As mentioned above, Keys will also take donated bikes at the Kidder Street location. The City of.Wilmington currently compacts bikes in their bulky item collection trucks. Bill Reed, City Solid Waste, has agreed to . take calls of bike donations and forward them to the call-in location. ~~~ 241 L Bikes for Tykes July 27, 1995 page 3 • ~ Contacts I volunteered to contact Commissioner Bill Caster; Play it Again Sports, to • ~~ ~' secure contacts of local bike riding organizations. Mr. Caster was contacted and will be supplying a list of contacts. Mr. Caster also stated that his store does not accept bikes, but, he receives numerous calls each week from people wishing to get rid of bikes. He agreed to make these people aware of this program once operational, another possible source of bikes. Local bicycle shops will also be contacted to determine what assistance they can provide, such as parts support and training of the volunteers. The City Police Department will be contacted to determine if - bikes can be diverted from their'putilic auction or if any bikes are left over .after. the. auction that could be donated. • Painting Automobile Body Shops could be a good resource for painting of the bikes. These facilities are already equipped with paint spray booths, • eliminating the concern of environmental or OSHA regulations. When a ' car is painted, the paint. left in the sprayer could be used to paint a bicycle. • Legal Mr. Drew Olsen, Assistant County Attorney, states that there should be no additional liabilities to the County than those of a store selling bicycles. By copy of this memo, I will ask that he confirm that opinion. L Salvation -Howard stated that he has RSVP volunteers working with the Salvation Army Army~and contacts within the organization. Mr. Brown will communicate with the Salvation Army to determine the number of bikes needed. ., , These are the topics of discuss'i'on as I recall them: If you have any changes, please let me know. - I hope through your cooperation, the cooperation of the organizations mentioned above, and the public, that we can move this idea forward and provide bicycles to needy children by this Christmas. I look forward`to' working with you on what. I hope will be a very rewarding project. Thank you. c. Allen O'Neal, County Manager ' Dave~Weaver, Assistant County Manager Geof Little, Solid Waste Planner Drew Olsen, Assistant County Attorney . 242 ~ ~ ~ ` 1 1 REQUEST FOR BOARD ACTION .Meeting Date: 12/04/95 Regular Item #: Consent Item #: 10 Additional Item #: Department: County Manager Presenter: Page Count In Agenda Package: Contact: Allen O'Neal ~UtiJl~;(:l~• NC DOT Modified Grant Agreement for State Airport Aid Project 9.9425900 ~~ BRIEF SUMMARY: NC DOT has provided funding for this project in the amount of $1,175,648 through FY95. This final modification of the grant is for $186,335 to complete the State share. .. RECOMMENDED MOTION AND REQUESTED ACTIONS• ~' Recommend adoption of the resolution to accept the modified group agreement which appears on page 5 of document ~~~ FUNDING SOURCE: Federal S: State S: 186,135 County S: User Fees S: Other S: Money Is In Current Budget: no New Appropriation Request: no Budget Amendment Prepared: no REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend approval r~l f ~j IV l~V10,1 l~{~w kUJii. ~/14 `~t`~~~'~J'~7~ 243 Refer to Office Vision Bulletin Board for Disposition Airport Authority Wllllam Schwartz ; - Chalrman' Paul E. Gregory Vice Chairman Parks L Griffin ShIrIeV T. McQueen Irvin A. Roseman, DOS Airport Director ~ - Robert 1. Kemp MEMORANDUM NEW HANOVER INTERNATIONAL AIRPORT 1740 Air o p rt Boulevard Wilmington, North Carolina 28405 19101 341.4333 (9101 341.4365 FAX i~ To: Allen O'Neal _~ County Manager From: Bob Kemp~~~~, Airport Director Re: NCDOT Grant Offer Enclosed is a copy of NCDOT's October 30, 1995 letter and the original plus two copies of modified grant agreements for State Airport Aid Project 9.9425900. This grant offer is a portion of the state assistance which NCDOT makes available to the airport each year. The value of this amendment, which is the final amendment which will be required on the terminal project, is $186,335, At their next available meeting, would you please request that the Commissioners adop'. the resolution which appears on page 5 of the document and return all copies after the agreements have been executed - on pages 4 and 5. (Note that DOT requires original seals'~and signatures on all copies.) ~- Please do not hesitate to call me if you have any questions. Thanks. k468 November 16, 1995 ~~~ :f ~,.- :: W ttli LY.ta fvo..J .. .. .. i' 2`t`~t~-tt~l i:. i~ 1 ~c~~~r•_ :.. U~ FICL ;~E1V HA\UV£lt CO. T a~ ~>~ y s ,~ ~ S ~~ ~~>~s STATE OF NORTH CAROLINA DEPARTMENT OF 1~ANSPORTATION JAMES B. HUNT )R DIVISION OFAVIATION . R. SAMUEL HUNT II1 GOVERNOR P.O.~0X25201. RALEIGH. N.C 27611-$201 $ECRET~RY ~~ October 30, 1995 ' Mr. Robert J. Kemp, Airport Director New Hanover International Airport ~'` 1740 Airport Blvd. Wilmington NC 28405 ~; Dear M emp: Enclosed are state airport aid modified 'grant agreements for the ;~ .funding of your State Airport Aid Project 9.9425900 (Construct New Airline Terminal Complex). These agreements must be executed by the appropriate governmental body. Upon completion all three copies of the agreement must be returned to this office. Please remember that all ~` signatures and seals must be original and not reproduced copies. The Department will fill in the date on the first page of the agreements once the Secretary of Transportation signs the documents. ~~ Please note that the signature pages are pages 3 and 4 of the Agreement. Once the grant agreements have been executed by the Department, one copy will be returned to you for your files. ,~~ Should you have any questions please do not hesitate to contact our Grants Manager Lisa Bradford or your Airport Development Engineer ~' Mark Esposito. ,•. Best wishes. Sincerel ~ - Willard G. Plentl, Jr., P.E. Director of Aviation ~~~ WGP/sek ~ - Enclosures ~_~ ~ ' cc: W. J. McLamb, Aeronautics Council Representative ~~ 245 ,~ AVIATION PARKWAY. RALEIGH-DURHAM INTLAIRPORT PHONE (919)571-4904 FAX (919)571-4908 SIXTH MODIFIED GRANT AGREEMENT STATE AID TO AIRPORTS AIRPORT: NEW HANOVER INTERNATIONAL BETWEEN ~ ' "'THE DEPARTMENT OF TRANSPORTATION, AN' AGENCY OF THE STATE OF NORTH CAROLINA AND PROJECT n: 9.9425900 NEl4 HANOVER COUNTY/NEW HAP;OVER COUNTY AIRPORT AUTHORITY This Modified Grant Agreement made and entered into this the day of 1995, by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as "Department") and the NEW HANOVER COUNTY/NEW HANOVER COUNTY AIRPORT AUTHORITY (hereinafter referred to as "Sponsor"). • WITNESSE•TH ~ • WHEP.EAS, the Sponsor submitted a Request-for State Aid to~AirPorts dated hlarch 7, 1990 to the Department~•for $250,000 for Phase II of the Terminal Expansion; and WHEREAS, in accordance with project approval procedures, `the Department approved a Grant for $250,000 in State Aid to Airports for the requested items of work; and ~ •;• . 4JHEREAS, the Department and Sponsor mutually executed a Grant Agreement dated May 25, 1990, setting forth and agreeing to the terms and conditions of the Grant; and ,_ WHEREAS, the Sponsor submitted a Revised Request for-:State Ai`d.to Airports dated Cecember 21, 1990 to the Department to increase the state grant amount to X397,281; and WHEREAS, in accordance with project approval procedures, the Department approved a Modified Grant for ~~397 ,281 i n State Ai d ~ to Airports for tfie ~~ted items of work; and ~• ,,, WHEREAS, the Department and Sponsor mutually executed a Modified Grant Agreement dated February 11, 1991 setting forth and agreeing to the terms and conditions of the Grant; and '~' WHEREAS, the Sponsor submitted a second Revised Request for State Aid l to Airports dated September 14', 1992, to the Department to increase the ;~, state grant amount to $492,077; and ~~ WHEREAS, in accordance with project approval procedures, the Department approved a second Modified Grant for $492,077 in State Aid to Airports for the requested items of ~rork; and ~~ WHEREAS, the Department and Sponsor mutually executed a second Modified ''~~ Grant Agreement dated December 7, 1992, setting forth and agreement to the terms and conditions of the Grant; and WHEREAS, the Spdnsor submitted a~ third Revised Request for State Aid to ~~ Airports: dated June 23, 1993, to the Department to increase the State grant amount to $575,648; and ~~~ WHEREAS, in accordance with project approval procedures, the Department ', approved a third Modified Grant for $575,648 in State Aid to Airports for ~~ the requested i terns of Hrork; and ~' WHEREAS, the Department and Sponsor mutually executed a third hodified Grant agreen~erit dated October 27, 1993 setting forth and agreeing to the terms and conditions of the Grant; ar.d WHEREAS, the Sponsor submitted a fourth Revised Request for State Aid to Airports dated February 14, 1994, to the Department to increase the State grant amount to $875,648; and biHEREAS, in accordance with project approval procedures, the Department ~ approved a fourth Modified Grant for $875,648 in State Aid to Airports for the requested items of work; and ~~ 247 ~~ - Page 2 of '~ WHEREAS, the Department and Sponsor mutually executed a fourth Modified Grant Agreement dated May 9, 1994•.setting forth and agreeing:to tfie terms and conditions of the Grant; and WHEREAS, the Sponsor submitted a fifth Revised Request for State Aid to Airports dated September 23,-1994, to the: Department. to increase the State grant amount to 51,175,648; and WHEREAS, in accordance with project approval procedures, the Department approved a Fifth Modified Grant for $1,175 ,648. in State.Aid to Airports for the requested items of work;. and ; WHEREAS, the Department and Sponsor mutually executed a Fifth Modified Grant Agreement dated January 4,,1995 setting forth and agreeing to~the terms and conditions of the Grant; and . WHEREAS, the Department and Sponsor have now determined and agreed that an additional. 5186,335 is needed due .to final cost being higher than anticipated. NOW THEREFORE, the Department and Sponsor do hereby mutually agree,as• follows: 1) That the amount of the State Grant shotirn on page 3 . of the Modified Grant Agreement between the parties dated :, ;. January 4, 1995, shall be modified from "51,175,648" to "51,361,983.". 2) That the ti:ine of completion of-the State Grant between the parties dated January 4, 1995, shall be modified from "January 1,~ 1996" to "January .1, 1997". ,. 3) That all other terms and conditions of the State 'G'rant Agreement bet~•reen the parties dated May 25, 1990, the hodified State Grant Agreements dated February 11, 1991,. December 7, .1992 , October 27 , 1993 and May 9 , 1994 , and ~ • - January 4, 1995 shall remain in full force and effect for the 2,4,8 duration of the Grant Agreement. Page 3 of 1 1 I 1 1 f 1 A 1 1 F 1 t IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS GRANT AGREEMENT THE DAY AND YEAR FIP,ST WRITTEN ABOVE: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BY: Deputy Secretary of Transportation NCDOT SEAL ATTEST: SPONSOR,; Signed: •• ~ ~ - • Title: ` Attest: SPONSOR SEAL STATE OF NORTH CAROLINA, COUNTY OF :I, a Notary Public in and for the County and. State aforesaid, do hereby cErtify that personally come before me this day and acknowledged that he is • of the (Title) (Sponsor) (hereinafter referred to as "Sponsor") and by authority duly given and as an act of said Sponsor, the foregoing instrument was signed by him;•attested by of the Sponsor, (Name and Title) • ar.d the Seal of the Sponsor affixed thereto. • WITNESS my hand and Notarial Seal, this the day of , 19 Notary Public (Signature) My Commission Expires: DOA Form (1/90) SEAL 249 Page 4 of rl RESOLUTION .~ A motion was made by , (Name and Title) and seconded by for the adoption of the (Name and Title) following Resolution, and upon being put. to a vote .was duly accepted:, 41HEREAS, a grant in the amount of $1,361,983 has been approved by the Department based on a total estimated cost of X11,343,231 and 41HEREAS, an amount equal to or greater than 50°,b of the non-federal share of the total project cost has_been appropriated by the Sponsor for this Project. NOW THEREFORE, 6E AND IT IS P,ESOLVf D THAT THE (Title) of the Sponsor be and he hereby is authorized and empowered to-enter into_.a. Grant Agreement arith the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any ~- mutually agreed upon modification thereof.• ----------------------------------------------------------------------------- I , of (Name and Title) ~ • the - do hereby (Sponsor) _. ._ _ ._ certify that the above is a true and correct copy of an excerpt from the ; minutes of the ~ ~ of a meeting -- (Sponsor) duly and regularly held on the day of 19 This, the ~ day of ~ 19 Signed: SPONSOR SEAL Title: 2 ~ O Of The: DOA FORM (1/90) {, Page 5 of 7 1 1 1 1 1 1 1 1 I 1 l 1 1 1 IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS GRANT AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BY: - Deputy Secretary of Transportation ATTEST: SPONSOR: Signed: Title: Attest: J NCDOT SEAL SPONSOR SEAL STATE OF NORTH CAROLINA, COUNTY OF I, a Notary Public in and for the County and State aforesaid, do hereby certify that personally came before me this day and acknowledged that he is of the - (Title) (Sponsor) {hereinafter referred to as "Sponsor") and by~authority duly given and as an act of said Sponsor, the foregoing instrument was signed by him, attested by - ~ of the Sponsor, (Name and Title) _ _- ., _~ _ and the Seal of the Sponsor affixed -thereto. - 41ITNESS my hand and Notarial Seal, this the day of ~ , 19 . Notary. Public (Signature) My Commission Expires: DOA Form (1/90) . SEAL 251 Page 6 of • RESOLUTION •, . A motion was made by ~ • (Name and Title) and seconded. by ~ for the, adopti on of the (Name and Title) -~ _~ following Resolution, and upon being put to a vote was duly accepted: WHEREAS, a grant in the amount~of X1,361,983 has been approved by the Department based on a total estimated cost of X11,343,231 and . WHEREAS, an amount equal to or greater than 50% of the non-federal share of the total project cost has been appropriated by the Sponsor for this Project. _ .. NOW THEREFORE, BE AND IT IS RESOLVED THAT THE _ _ .. (Title) of the Sponsor be and he hereby is authorized ar.d empowered to enter into a Grant Agreement with the Department, thereby binding the Sponsor to the fulfillment of its obligation incurred, under this Grant Agreement or any mutually agreed upo~i modification thereof. ' I ~ of (Name and Title) _ the ~ do hereby (Sponsor) ~ •. certify that the above is a true and .correct copy of an-excerpt from the minutes of the of a meeting (Sponsor) duly and regularly held on the day of 19 This, the day of -19 Signed: 2 5 2 SPONSOP. SEAL Title: Of The: DOA FORM (1/90) H t t D IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS GRANT AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BY: • Deputy Secretary of Transportation ATTEST: SPONSOR Signed: Title: ~ Attest: ~.~ . NCDOT SEAL , •~ ~ ~:~, .r,~ C J ~ ~~1y' ly.}, ~ ~ b Pp ~OR~S~~At ,,:~~ ~,~/ ~ P_~U-v CT STATE OF NORTH CAROLINA, COUNTY OF NEId HANOVER I, Janie L. James a Notary Public in and for the County and State aforesaid, do hereby certify that William Schwartz personally came before me this day and acknowledged that he is Chairman of the New Hanover County Airport Authority (Title) (Sponsor) (hereinafter referred to as "Sponsor")-and by authority duly given and as an act of said Sponsor, the foregoing instrument was -signed by him, attested by Robert J. Kemp, Secretary of the Sponsor, (Name and Title) . and the Seal of the Sponsor affixed thereto. • WITNESS my hand and Notarial Seal, this the~~ day of November , 19 95 . ~ ~~~o • ary Public (Signa ure) • <<; • Ny Commission Expires . August 9 , 1999 SEA~~~'' ~`~\~'`~~•~ ~~`'•~` ~•~ w , ~ ~'~'``Rr', . cG~ DOA Form (1/90) '~. • ~"r'' ``-~~"~' Paaa f of ~ v .. RESOLUTION - A motion was made by _Paul GreQOrv. Vice-Chairman ~ • (Name and Title) and seconded by _ Irvin A. Roseman, Member for the adoption of the (Name and Title) following Resolution, and upon being put to a vote was duly accepted: WHEREAS, a grant in the amount of S1 ,361,983 has,been approved. by the Department based on a total estimated cost of X11,343,231 and WHEREAS., an amount equal to or greater-than 50% of the non-federal share of the total project cost has been appropriated by the Sponsor for this Project.. _. . NOW THEREFORE, BE AND IT IS RESOLVED THAT THE Chairman • (Title) of the Sponsor be and he hereby, is authorized and empowered to enter into a• Grant Agreement with, the Department, •tfiereby binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon modification. thereof. I~ Robert J. .Kemp, Secretary of (Name and• Title) •~ the New Hanover County Airport Authority do hereby (Sponsor) certify that the above is a true and correct copy of, an .excerpt from the minutes of the New Hanover County Airport Authority of a meeting (Sponsor) duly and ,regularly held on the ~ th d;ay of November 19~_. This , the /~~, day of November 19 95 %~ ^' Signed: ~ 254 , SPONSOR-SEAL Title: Secretary Of The: New Hanover County Airport Authority DOA FOR~~" (1/90)