April 15, 2024, MB#56  Regular Session, April 15, 2024, 7:00 p.m. Catawba County Board of Commissioners  Budget Closed Session Attorney-Client Privilege Emergency Services Week Human Resources Creation of FTE Library Creation of FTE Ordinances  Budget Transfer - HHS Drainage Line Repair  852 4/15/24 852 4/15/24 818 4/15/24 852 4/15/24 852 4/15/24 823 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 818 4/15/24 820 4/15/24 820 4/15/24  Proclamation Declaring April 14-20, 2024, as National Public Safety Telecommunications  Amendment to the Catawba County Zoning Map: 5291 E. NC 150 Highway, 16 South Corridor Plan, Mountain Creek Township (Ordinance 2024-03)  Planning & Parks Presentations  Catawba County Comprehensive Land Use Plan Update Proclamation Declaring April 18th as Line Worker Appreciation Day Proclamation Declaring April as Public Health Month Proclamation Declaring April as Child Abuse. Awareness Month  Proclamation Declaring April 14-20, 2024, as National Public Safety Telecommunications  Week Proclamations  Proclamation Declaring April 18th as Line Worker Appreciation Day Proclamation Declaring April as Public Health Month Proclamation Declaring April as Child Abuse. Awareness Month  Proclamation Declaring April 14-20, 2024, as National Public Safety Telecommunications  Week Public Comment Tom Sefcik Kenyon Kelly Geno Baker Public Health Public Hearings Resolutions  Proclamation Declaring April as Public Health Month Catawba County Comprehensive Land Use Plan Update Rezoning Request: 5291 ENC Hwy 150  Resolution Adopting the Catawba County 2024 Comprehensive Land Use Plan  (Resolution 2024-12)  817    April 15, 2024, MB#56  Social Services Tax  Proclamation Declaring April as Child Abuse Awareness Month  818 4/15/24 851 4/15/24 823 4/15/24  March Tax Refunds and Releases Utilities and Engineering  Engineering Contract-Blackbur, Solid' Waste Landfill Expansion,  Agreement and Permit Application  The Catawba County Board of Commissioners met in Regular Session on Monday, April 15, 2024, at 7:00 p.m., in the Board of Commissioners Meeting Room, 2nd Floor, Catawba County Justice Center, 100 Government Present were Chair Randy Isenhower, Vice-Chair Austin Allran, and Commissioners Robert C. Abernethy, Jr., Also present were County Manager Mary S. Furtado, Assistant County Manager Paul Murray, County Attorney 1. Chair Randy Isenhower called the meeting to order at 7:00 p.m., noting a quorum was present.  Drive, Newton, North Carolina. Barbara G. Beatty, and Cole Setzer. Jodi Stewart, and County Clerk Dale Stiles.  2. Chair Isenhower led the Pledge of Allegiance.  3. Commissioner Robert C. Abernethy, Jr., offered the invocation.  4. Commissioner Abernethy made a motion to approve the Minutes from the Board's Regular Meeting and Closed Session of March 18th, 2024, and Special Meeting of March 25, 2023. The motion carried Chair Isenhower welcomed' William "Billy" Chapman from Hickory Daily Record and everyone present. Thomas Sefcik of Conover came forward and spoke about deputy conduct and involuntary commitment procedures. Kenyon Kelley of Newton came forward and spoke in opposition of book bans. Geno Baker of a. Commissioner Abernethy presented a proclamation declaring April 18th as Line Worker Appreciation b. Vice-Chair Austin Allran presented a proclamation declaring April as Public Health Month to Public Health Director Jennifer McCracken and Assistant Public Health Director Julie Byrd. Ms. McCracken shared with the Board the completion of the 2023 Community Health Assessment and reviewed our three health priorities: Brain Health, Access to Healthy Foods and Safe, Engaging and Active Spaces. Commissioner Barbara G. Beatty presented a proclamation declaring April as Child Abuse Awareness Month to Catawba County Child Advocacy Executive Director Adrienne Opdyke. d. Commissioner Cole Setzer presented a proclamation declaring April 14-20, 2024, as National Public Safety Telecommunications Week to Communications Center 911 Administrator Brian Drum. a. Planning and Parks Director Chris Timberlake requested the Board of Commissioners conduct a public hearing to consider approval by resolution oft the proposed Catawba County Comprehensive Land Use Plan. Int the Fall of 2022, Catawba County began the process to update the county-wide Comprehensive Land Use Plan. A comprehensive plan is a statutorly-required policy document that establishes a land use vision and general strategic direction for Catawba County's patterns of growth and development into the future through  unanimously.  5. Recognition of Special Guests: 6. Public Comments.  Hickory came forward and spoke about the annual NAACP Police Forum.  7. Presentations.  Day to Duke Power Distribution Lineman Nick Stanbury.  8. Public Hearings.  818    April 15, 2024, MB#56  guiding principles. It is a guiding map for the built environment of the County, integrating relevant values, principles, and themes of the community's Small Area Plans into a single County-wide policy document. This Plan and its recommendations will serve as the foundation for updated land use regulations found in the Unified Development Ordinance, which are central to making land use decisions on development requests, and to develop land use regulation and capital plans to support orderly development once it is adopted. Catawba County contracted with the Western Piedmont Council of Governments (WPCOG) to facilitate the Plan process. A nine-member Advisory Committee was appointed by the Board of Commissioners and worked with County and WPCOG staff to compile the recommended Plan. The Advisory Committee met monthly and considered information about County demographics, transportation, public services, economic development, parks and recreation, natural and cultural resources, housing and land use. The Committee also reviewed the seven Small Area Plans and three Corridor Plans to incorporate pertinent information from Public input was gathered through different mechanisms. Five public meetings were held in June 2023 where attendees participated in a Strengths Weaknesses Opportunities Threats (SWOT) exercise. These meetings were held at Sherrills Ford, Blackburn, Webb Murray, Balls Creek, and Oxford Elementary Schools. In total, over 200 people attended these public meetings. Citizens also gave input through an online survey. The survey was available June through August 2023 and garnered over 1200 responses. Recognizing the importance of continued population growth to Catawba County's future, the Advisory Committee strived to achieve balance by encouraging quality development in appropriate locations where infrastructure is available and protecting the landscapes and aspects of sense of place which enhance citizen's quality of life and make Catawba County a special place to live. The Small Area Plan geographies were incorporated into Comprehensive Plan because citizens identified sO readily with these designations. The Plan addresses specific recommendations. for the individual Small Area Plan geographies along with Central themes in community feedback centered around the pace of growth and sufficiency of infrastructure. Citizens voiced concerns around preserving the sense of place and community that makes Catawba County sO special, and around the importance of minimizing development's negative impacts on quality of life. Feedback also focused on the quality and affordability of housing products offered throughout the  the County's previous long range planning processes.  County-wide polices.  community.  To address these themes, the following key policy revisions were recommended: Density reductions in targeted areas of high growth pressure landscaping to soften visual impact of new development  Density maximums for multiamlyhngh.volume single family zoning designations Subdivision design considerations: emphasize use of open space, tree canopy, street connectivity, Increased emphasis on functional open space to preserve neighborhood character  By-right development will continue to have objective, predictable regulations. Conditional zoning will continue to be a tool to manage development, with voluntary agreements from developers around building Once the Comprehensive Land Use Plan is adopted, staff will work to integrate these policies, principles, and recommendations. into the Unified Development Ordinance, which is the County's land use code that will effectuate the changes contemplated through this Comprehensive Plan update. On March 11, 2024, the The Planning Board held a public hearing on Monday, March 25, 2024 to consider the request. Staff reviewed the recommended plan brought forward from the Advisory Committee. Board members inquired whether staff had specific recommendations for Planned Development threshold changes for single-family projects and more specific modifications to open space requirements. Staff reminded the Planning Board that the Comprehensive Plan is a policy document, and the specifics they were inquiring about would be changes incorporated into the upcoming Unified Development Ordinance (UDO) update after further  materials, design criteria, and phasing timeframes.  Comprehensive Plan Advisory Committee voted unanimously to endorse the plan.  819    April 15, 2024, MB#56  research. The recommendations in the Comprehensive Land Use Plan establish broad policy direction; how each of these goals will ultimately be achieved through the UDO will be determined through future work One citizen spoke during the public hearing, making the suggestion that the future land use plan should show more industrially zoned property along South NC 16 Highway and the existing General Industrial district around the Little Mountain Airport. The Planning Board inquired about staff's supportiveness of this suggested modification. Upon hearing staff's support of this change, the Planning Board indicated agreeableness to expanding the General Industrial future land use designation in this area. Ina addition to the Advisory Committee's favorable endorsement, Staff recommended and the Planning Board voted 6-0 to recommend the Board of Commissioners approve the Catawba County Comprehensive Plan, 1. Include approximately 32 acres of additional area east of South NC 16 Highway around the Little After Mr. Timberlake's presentation, there were no questions. Chair Isenhower opened the public hearing. Kline Pepper came forward to ask about the specific recommendation on density reductions in targeted areas of high growth pressure. Mr. Timberlake confirmed it would be zoned R-30. No one else came forward and the Chair closed the public hearing. The Board discussed transportation, municipal involvement, Parks and Recreation, and thanked citizens for their participation in meetings and completion of surveys, as well as staff for their diligent work on the Comprehensive Plan. Vice-Chair Allran made a motion to adopt a resolution approving the Catawba County Comprehensive Plan. The motion passed unanimously.  sessions.  with incorporation of the following revision:  Mountain Airport area as future industrial use opportunity.  The following resolution applies:  RESOLUTION No. 2024-12 RESOLUTION. ADOPTING THE CATAWBA COUNTY 2024 COMPREHENSIVE LAND USE PLAN  WHEREAS, the Board of Commissioners desires to update its long-range land use plans for Catawba WHEREAS, the Board established a nine-member Advisory Committee consisting of County citizens; and WHEREAS, the Board established an open community process that included eight community meetings and an online survey to hear and receive community comments and feedback, and held two public hearings; and WHEREAS, the 2024 Catawba County Comprehensive Land Use Plan is a fundamental policy document that will help guide the County's growth and development over the coming decades through implementation NOW, THEREFORE, BE IT RESOLVED by the Catawba County Board of Commissioners that the 2024 Catawba County Comprehensive Land Use Plan is adopted, subject to the recommendations submitted to  County's unincorporated areai in accordance with NCGS 160D; and  oft the community's goals.  the Board.  Adopted this 15th day of April, 2024.  b. Planning and Parks Assistant Director Laurie LoCicero requested the Board of Commissioners hold a public hearing to consider an application to rezone a portion of a parcel owned by Helen Turbyfill Heirs from R-20 Residential to Highway Commercial (HC). The rezoning request is for the portion oft the property within The current R-20 Residential district requires a minimum lot size of 20,000 square feet (approx. 1/2 acre), and is considered a high-density general use" residential district. Predominant uses in this district include single-family homes and agriculture. The Highway Commercial district requires a minimum lot size of 40,000  Catawba County - 0.38 acres of a parcel totaling 5.343 acres.  820    April 15, 2024, MB#56  square feet (just under one acre). It is a "general use commercial" district providing areas for regional highway-oriented business, office, service and civic uses. Lincoln County Commissioners approved the The parcel is located at 5291 E. NC Highway 150 in the Sherrrills Ford Small Area Plan, NC 16 Corridor Plan, Mountain Creek Township, further identified by Parcel Identification Number 3686-1721-4947. This parcel is located in both Catawba County and Lincoln County, with approximately 0.38 acres positioned in The property, depicted as Parcel 1 on the attached map, is zoned R-20 Residential and is currently vacant. Based on Lincoln County's zoning designations, the portion of Parcel 1 situated in Lincoln County is zoned General Business within Eastern Lincoln Development District Overlay (which is further described below).  request for the gas station and restaurant project in December 2023.  Catawba County oft the total 5.343 acres.  The surrounding parcels contain the zoning districts and uses described below.  North - (Catawba County zoning) Parcels 8 and 9 are zoned R-20 Residential and are developed with single-family homes. Parcel 10 is zoned R-20 Residential and is undeveloped. South - (Lincoln County zoning) Parcels 2 and 3 are zoned R-SF Residential Single Family. Parcel 2is undeveloped and Parcel 3 contains accessory structures to neighboring residential uses. East - (Catawba County zoning) Parcel 11 is zoned PD-CD Planned Development - Conditional West - (Lincoln County zoning) Parcels 6 and 7 are zoned Transitional Residential within the Eastern Lincoln Development District Overlay. Parcel 6 is owned by NCDOT, and Parcel 7 contains asingle-family residence. Parcels 4 and 5 are: zoned Residential Single Family with Eastern Lincoln  District and is undeveloped.  Development District Overlay. They are both undeveloped.  Descriptions of Lincoln County zoning districts (Article 2 of the Lincoln County UDO):  Residential Single Family R-SF: Established to provide for traditional single-family subdivisions and/or maintain areas in the County for traditional single-family residential uses, such areas, in general, do not presently contain mobile or manufactured homes, duplexes or multi-family dwelling developments. Since manufactured homes and other types of residential dwelling units are accommodated in many of the other residential districts, certain areas of the County can be set aside exclusively for single-family purposes. Unlike the R-S district where public utilities are currently in place or expected to be in the near future, the provision of public utilities is not a factor in the location of the R-SF district. Thus, the R-SF district may be applied to areas which have received both suburban and more rural types of development in the past. Residential Transitional R-T: Established to accommodate a wide variety of residential oriented uses in portions of the County which to date have not experienced significant amounts of growth. Areas zoned R-T should be viewed as development "holding zones". In general, such areas do not have public water and General Business B-G: Provides locations of offices, service uses, and businesses retailing durable and convenience goods for the community as a whole. Located on arterials or collectors, such uses are accessible to and serve the entire community. Such uses shall be designed in such a manner sO as to promote aesthetics, the safe and efficient movement of traffic and not unduly burden adjacent thoroughfares. Site design and buffering mitigate impacts of traffic, operations and scale on adjacent businesses and Eastern Lincoln Development District ELDD: Established to address the growth opportunities in eastern Lincoln County, primarily along the NC 16 Business and NC 16 Bypass corridors. Due to the importance and special nature of these corridors and the development pressures in these areas, additional standards are needed beyond those applicable countywide and described in the general development standards of Article  sewer facilities.  residential neighborhoods.  3.  821    April 15, 2024, MB#56  Parcel Zoning History  For the portion oft the parcel in Catawba County, there is no pertinent zoning history.  On December 18, 2023 the Lincoln County portion was rezoned from Residential-single Family to Business- General by the Lincoln County Commissioners. On the same date, a Special Use Permit was approved for "construction of a gas station and a restaurant in the Eastern Lincoln Development District." The acreage of the entire parcel meets the minimum requirements for Highway Commercial property (40,000 square feet). The property is located within the Mixed Use Corridor Overlay. If rezoned, non- residential projects would be subject to development standards (landscaping, parking, setbacks, etc.) of the Unified Development Ordinance. The site plan associated with the project depicts landscaping, parking Public water is located along NC 150 Highway. The property would be served by on-site septic in Lincoln NC 150 Highway is designated as a major thoroughfare in the 2035 Greater Hickory Urban Area Long Range Transportation Plan. Traffic counts taken in 2021 near the site measured 12,500 average trips per The 16 South Corridor Development Plan, adopted on December 2010, serves as the current land use plan for this area. Map 6, titled "Future Land Use Recommendations," depicts this property as Mixed-Use. The mixed-use classification is limited to property adjacent to or within a relatively short distance of NC 150 and the NC 150/16 intersections. Within the mixed use classification, higher density residential, commercial and The Highway Commercial district accommodates commercial uses, and is consistent with the General Business (B-G) zoning designation approved by Lincoln County for the majority of the parcel, as well as the approved Special Use Permit. The Highway Commercial zoning designation allows for convenience stores The Planning Board held a public hearing on March 25, 2024. The applicant spoke in support of the request. No other members of the public spoke at the hearing, either for or against the request. Staff recommended and Planning Board voted 6-0 to submit a favorable recommendation to the Board of Commissioners for the request to rezone the 0.38 acres owned by Helen Turbyfill Heirs from R-20 1. The larger portion of the property located in Lincoln County being rezoned in December 2023 to General Business (B-G) and granted a Special Use Permit for construction of a gas station and 3. The adopted corridor plan calling for Mixed Use Development near the intersection of NC 16 and NC After Ms. LoCicero's presentation, there were no questions. Chair Isenhower opened the public hearing. No one came forward and the Chair closed the public hearing. Commissioner Setzer recused himself due to a conflict of interest, in that the Turbyfills are current clients of his employer. Commissioner Beatty made a motion to find the rezoning request reasonable based upon the Proposed Plan Consistency and Reasonableness Statement set for below and approve rezoning a portion of a parcel owned by Helen Turbyfill Heirs from R-20 Residential to Highway Commercial (HC)., approximately 0.38 acres of a parcel  Land Use  spaces, charging stations and a portion oft the gas pump canopy in Catawba County.  Utilities County. Transportation  day. NCDOT is requiring improvements associated with the project.  Land Use Plan  office-insttutional. uses are allowed.  with or without gas pumps and restaurants. Planning Board Public Hearing  Residential to Highway Commercial district based upon:  restaurant; 150.  2. The property's close proximity to the NC 150 and NC 16 interchange;  822    April 15, 2024, MB#56  totaling 5.343 acres and adopt an ordinance to amend the Catawba County Zoning Map. The motion passed  unanimously.  The following Consistency and Reasonableness Statement applies:  CATAWBA COUNTY BOARD OF COMMISSIONERS  PROPOSED PLAN CONSISTENCY. AND REASONABLENESS STATEMENT  Zoning Amendment Request: To rezone 0.38-acre portion of a parcel totaling 5.34 acres located at 5291 E. NC Hwy 150, also identified by Parcel Identification Number 3686-1721-4947, from R-20 Residential within the Mixed Use Corridor-Overlay (MUC-O) to Highway Commercial within the MUC-O. This parcel is located in Catawba County and Lincoln County, with the majority of the parcel in Lincoln County's jurisdiction. The Catawba County Board of Commissioners finds the request to be consistent with the Highway 16 Corridor Plan land use recommendations. Map 6 of the Highway 16 Corridor Plan, titled "Future Land Recommendations," denotes mixed use for this area. Mixed Use designation allows higher density Pursuant to NCGS 160D-605, the Board of Commissioners finds the rezoning request reasonable based 1. The larger portion of the parcel located in Lincoln County being rezoned in December 2023 to General Business (B-G) and granted a Special Use Permit for construction of a gas station and 3. The adopted corridor plan denoting Mixed Use Development near the intersection of NC Highway 16 By a vote of 4-0, the Catawba County Board of Commissioners approves the rezoning request.  residential, commercial and office institution uses.  upon:  restaurant; and NC Highway 150.  2. The parcel's close proximity to the NC 150 and NC 16 interchange; and  This the 15th day of April 2024. The following ordinance applies:  Ordinance No. 2024-03  AMENDMENT TO THE CATAWBA COUNTY ZONING MAP  BE IT ORDAINED, BY THE BOARD OF COMMISSIONERS, the Catawba County Official Zoning Atlas is hereby amended by rezoning the following described property from R-20 Residential to Highway The 0.38-acre portion of a 5.34-acre parcel identified by Parcel Identification Number 3686-1721-4947 and located at 5291 E. NC 150 Highway in the 16 South Corridor Plan, Mountain Creek Township.  Commercial (HC):  This, the 15th day of April 2024. 9. Consent Agenda.  County Manager Mary Furtado presented the following two items under the consent agenda. Chair Isenhower asked if any commissioner wished for an item to be broken out of the consent agenda for a. The Policy and Public Works Subcommittee recommended the Board of Commissioners approve an Agreement for Engineering Services with HDR Engineering Inc. for design and permitting of Blackburn MSW Landfill Unit 4 Expansion in the amount of $637,600.00; and authorize the County Manager to execute the In accordance with State law and keeping with Catawba County's history of environmental awareness, Catawba County began using Subtitle D Municipal Solid Waste (MSW) Landfill Cells in 1998. Catawba County is continuing this process by preparing to construct Blackburn Landfill Unit 4 at its Blackburn  individual consideration. None was requested.  Agreement and the Task Order with HDR Engineering Inc.  823    April 15, 2024, MB#56  Resource Recovery Facility. Based upon information in the July 2023 Capacity Analysis, the MSW waste stream had experienced a 12.4% increase over the previous 12-month study period and Construction and Demolition (C&D) waste had experienced a growth rate of 5%. In May 2023, the C&D landfill reached capacity and was closed. This closure means that all waste received at the Blackburn Resource Recovery Facility is now being disposed of in the MSW landfill. The addition of C&D waste to the MSW landfill has reduced the estimated remaining life of Unit 3 Phase 2 which is now expected to reach capacity by June 2029. In order to be adequately prepared to continue receiving waste in compliance with State laws, staff has set a goal of having MSW Unit 4 constructed and prepared to receive waste by, January 2028. The design process begins with 12-months of groundwater monitoring to establish the high water" elevation. This data will allow the engineers to complete the design and submit it to NCDEQ for approval. NCDEQ has 12-months to review the design leading to an estimated construction bid date in April 2026 and construction completed in January 2028 providing an 18-month window for unanticipated construction issues and/or The construction of MSW Unit 4 will require the relocation of some ancillary utilities and a haul road. The relocation is included in this design contract and the relocation construction is planned to occur concurrent In December of 2023, the County accepted Statements of Qualifications from Engineering Firms for the Blackburn Subtitle D Municipal Solid Waste Landfill Expansion (Unit 4). Statements of Qualification were received from 5 engineering firms with HDR Engineering Inc. scoring highest and being selected to design the project. The engineering is being divided into 2 task orders, the first is design through the issuance of the Permit to Construct by NCDEQ and the second will be bidding, bid award, construction administration, All costs associated with solid waste activities are paid from the Solid Waste Enterprise Fund, which is derived solely from solid waste tipping/user fees and contains no tax proceeds. The capital project for the development of Municipal Solid Waste Landfill Cell Unit 4 currently contains $1,206,788. Additional funds are proposed to be added through the FY 24/25 budget. Therefore, no budget revision or appropriation is  increases in waste flows.  with the groundwater monitoring phase.  and construction quality assurance as required by NCDEQ.  requested at this time.  A copy oft the Agreement is hereto attached:  824    April 15, 2024, MB#56  AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES! FOR THE BLACKBURN MSW LANDFILL UNIT 41 EXPANSION- - PHASE1 PERMIT TO CONSTRUCT. APPLICATION  This Agreement for Professional Engineering Services ("Agreement"), made as of the the State of North Carolina (hereinafter "County") and HDR ENGINEERING Inc., of the Carolinas., registered in North Carolina as a licensed Engineer with an office located in North Carolina (hereinafter "Firm"). County and Firm are each referred to herein as a Pursuant to the following terms and conditions, and in exchange for the mutual promises contained! herein, andi for other good and valuablec consideration, the receipta and sufficiency of which arel hereby acknowledged the Parties agree ast follows:  dayof  2024, by and between CATAWBA COUNTY, a political subdivision of  "Party" and collectively: as the "Parties".  TERMS AND CONDITIONS ARTICLE1  EFFECTIVE DATE, TIME OF COMPLETION AND SCOPE OF SERVICES  1.1. The Effective Date of this Agreement shall be  2024 ("Effective  Date").  1.2. This Agreement is for professional engineering services to be provided by Firm with respect tot the Project known as the Blackburn MSW Landfill Unit 4E Expansion, Phase 1- Permitto Construct/Proect"). locatedi in Catawba County, North Carolina, and generally Preparation of Permit to Construct Application and Relocate utilities that run between Unit 3 and Unit 4. The Scope of Services for this project includes yatogeologta/Seologe investigation, design, Permit To Construct preparation and submittal, and design and contract bidding for the relocation of the utilities (gas line, electrical line, andl leachatel line), (collectively, "Services" or the' "Work") as more specifically described in Attachment A hereto, incorporated herein by 1.3. Services shall commence: after Effective Date anda approval of af fully executed Agreement andl bec completed withint thet time periodspelled out in Attachment B- Noticei tol Proceed ("Time of Completion"). Basic Services (as defined herein) shall be performed in accordance with the Scope of Services as more fully defined in Section 1.6 and compensated set forthi in Section 3 herein. Firm shall also provide Additional Services as may be necessary from time-to-time to be agreed upon by written amendment to this 1.4. Where Firm is prevented from completing any part of the Work within the Time of Completion due to delay beyond the control of Firm, the Time of Completion may be  consistingo of:  reference.  Agreement.  825    April 15, 2024, MB#56  extended in an amount equal to the time lost due to the delay if a Claim is made as provided in Section 7and if the performance of the Work is not, was not, or would not havel been delayed bya any other cause for which the Firm is not entitled to an extension of the Time of Completion. Delays beyond the control of Firmi include, but are not limited to, acts or neglect by County, acts or neglect of utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, or acts of God. Firm acknowledges and agrees that adjustments in the Time of Completion willl be permitted for a delay only to the extent such delay (i) is not caused, or could not have been anticipated, by Firm; (i) could not be limited or avoided byt the Firm's timely notice to County of the delay or reasonable likelihood that a delay will occur; and (ii) is of a duration not less than one day. In no event will claims for delay! bea allowed where alleged delays do not impact the critical path of the Firm as demonstrated on the relevant schedule provided by the Firm for the period of time in which the delay allegedly If Firm is delayed in the performance or progress of the Work by fire, flood, epidemic, supply chain disruptions, material or labor shortages, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of County, or other causes not the fault ofa and beyond control of County and Firm, then Firmi is entitledt to an equitable adjustment in Time of Completion, if the adjustment is essential to Firm's ability to complete the Work within the Time of Completion. An adjustment in the Time ofCompletion is Firm'ss sole and exclusiver remedyf for the delays describedi in this Section. Furthermore, tot thet fullest extent permitted! byl law, andr notwithstanding: anythingt tot the contraryin1 the Contract Documents, an extension of the Time of Completion, shallbet the sole remedy of Firm for any (i) delayi in the commencement, prosecution, or completion of the Services, (i) hindrance or obstruction in the performance of the Work, (ii) loss of productivity, or (iv) other similar claims (collectively referred to in this Section as "Delays") whether or nots such Delays are foreseeable, unless al Delayi is causedl by acts of County constituting active interference with Firm's performance of the Work, and only tot the extent such acts continue after Firm furnishes County with notice of such interference. In no event shall Firm be entitled to any compensation with any Delay, including, without limitation, consequential damages, lost opportunity costs, impact damages, or other similar remuneration. County's exercise of any ofi its rights under the Contract Documents (including, without limitation, ordering changes in the Work, or directing suspension, rescheduling, or correction of the Work), regardless of the extent or frequency of County's exercise of such rights or remedies, shall not be construed as 1.5. Firm represents and agrees that now and continuing for the term of this Agreement a) is experienced, qualified, skilled and fully capable of performing the Work in a b) shall exercise reasonable care and diligence, and: shall act ini thel best interest of the  occurred.  active interference with Firm's performance of the Work.  that Firm:  competent and professional manner;  County;  826    April 15, 2024, MB#56  c) shall act in accordance with generally accepted standards of Firms practice applicable to thel locality; and shall comply with this Agreement and with all applicable federal, e) shall perform in a timely manner and in accordance with all dates or schedules shallv worki ing good faithy with Coumybometregurememts imposed byf federalors state government or other funding entity if grants are used to fund any portion of the g) the individual(s) signing this Agreement have the right and power to do so and by executing this Agreement, bind Firm to the obligations set forth herein and such individuals do so personally warranti that they have such authority.  state and local laws, ordinances, codes, rules and regulations; d) possesses all necessary qualifications, licenses and certifications; required under this Agreement, time being of the essence;  Project; and  1.6. SCOPE OF SERVICES  1.6.1. The detailed Scope of Services for this Projecti is attached andi incorporated herein as reference, Attachment A. Scope of Services consists generally of design and ydtogeologsa/Seologe investigation, Design Hydrogeologic Report Amendment of the Construction Permit Application and responses to Preparation of Bidding Documents Ancillary Utilities for the relocation Administration and Monitoring of Construction and CQA1 for the Ancillary  biddingservices thati includes the: Water Quality Monitoring Plan State questions.  of gas line, electrical line, andl leachate line.  Utilities.  ARTICLE2 RESPONSIBILITIES OFF FIRM  2.1. STANDARD OF CARE  2.1.1. Firm shall assure that all drawings, specifications, plans, surveys, reports, technical memoranda, testing protocol, designs, electronic databases and other documents and deliverables (collectively "Documents and Deliverables ") prepared by Firm are in accordance with all Laws and Regulations and are fit for 2.1.2. Firmshall ber responsible for all errors or omissions in Documents and Deliverables and shall correct at no additional cost to County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in the Documents and Deliverables. Firm shallr reimburse Countyf for damages to Countycaused! bye errors 2.1.3. In addition to any other damages that might be due to County hereunder in connection with the breach of this Agreement by Firm, Firm shall reimburse  their intended purpose.  and omissions ofFirm.  827    April 15, 2024, MB#56  County for costs, damages and expenses that are the result of errors, omissions 2.1.4. Firm shall expedite and accelerate its efforts as necessary to perform in accordance with this Agreement at no additional cost to County, if County 2.2.KEY PERSONNEL AND SUBCONTRACTORS. No change in Firms personnel or subcontractors designated in this Agreement as those who will provide Services shall be permitted except with the prior written consent of County, which consent shall not be unreasonably withheld. Such replacement personnel and subcontractors shall have the same or higher qualifications and experience as thosel being substituted. If Firm provides any Services through the use of subcontractors, Firm shall be solely responsible for all aspects ofsubcontractors) conduct and performance. Additionally, Firm's contracts with subcontractor(s): shall include: a provision that, int the event this Agreement is terminated for cause by County, County mayt take assignment of such contract(s) of Firm with their 2.3.TAXES, PERMITS AND LICENSES. Unless otherwise provided, Firm is responsible for all applicabletaxesandi licensefeesandshalacquireallicensesandpermitreequiredbylaws  or delays of Firm, including those of Firm's subcontractors. reasonably determines that Firmi is behind schedule.  subcontractor.  and Regulations.  ARTICLE3 COMPENSATION  3.1. COMPENSATION FOR BASIC: SERVICES. Firmy will perform Services describedi int the Scope 3.1.1. Invoices shall bei int meAtRAsPuNtNA County. In the event the County finds any part of an invoice not to be acceptable, it shall identify to the Firm the part or parts, which are not acceptable and shall pay the part or parts of the invoice, which are acceptable, if any. The County shall have the right to deduct from payments to the Firma any costs or damages incurred by the County asar result oft the Firm's failuret to perform any portion of the Services.  of Services (Attachment, A hereto, for a total fee of$637,600.  3.2. COMPENSATION FOR. ADDITIONAL SERVICES. Additional Services shall be as set forth inal Written Amendment, executed byt thel Parties. Payments for Additional Services that havel been properlyapproveda landsatisfactorilye completed willl bemade! by Countywithin thirty(30) calendar days ofreceipt ofa ani invoice thati is inf form and substance acceptable to County. Ini the event the County finds any part of an invoice not to be acceptable, it shall identify to the Firm the part or parts which are not acceptable and shall pay the part or parts of the invoice which are acceptable, if any. County shall have the right to deduct from payments to Firm any costs or damages incurred by County as a result of Firm's failure to perform any Service, following reasonable notice and opportunity to cure such nonperformance by Firm. Compensation shall be on at time-and materials or lump sum basis as agreed by both Parties prior to commencement of Additional Services,  828    April 15, 2024, MB#56  3.3. ACCOUNTING RECORDS AND OTHER RECORDS. Accounting records of Firm's compensation for Services and Additional Services (and Reimbursable Expenses, if permitted under this Agreement) shall be maintained by Firm in accordance with generalyatceptedaccountingpractices: ands shall be available for inspection and copying by Countya atr mutually convenient times for a period ofthree (3) years after termination 3.4. NON-APPROPRIATION. Payment to Firm for Services is expressly conditioned upon availability of funds, and upon the actual receipt of funds, from appropriate revenue sources. Iffunds arei insufficient tor meet expected performances hereunder due to non- approptationorreductiomofimdtylesource.Senicestobe; provided hereundermay be adjusted by the Parties, in writing, to conform with the funds which are actually available. Ifsuchadjustment: is impractical or would defeat thei intent or purpose of this Agreement, same may be terminated accordingly without penalty.  oft this Agreement.  ARTICLE4 RESPONSIBLITIES OF COUNTY  4.1. COOPERATION AND COORDINATION. County may designate, in writing, a person to act as project manager who shall coordinate the Services and who shall be available during working hours as often as may be reasonably required to render decisions within guidelines established by the Utilities and Engineering Director. County shall examine Documents and Deliverables submitted by Firm and shall make reasonable efforts to render timely decisions pertaining thereto so as not to unduly delay the orderly progress 4.1.1. County's Person of Contact: The Firm's Point of Contact ("POC") for this Project ist the Catawba! mdsPEntLEanA Hamby. Hec can! bereached: at 828- 312-1672. Any questions regarding the Project shall be directedi tol him.  of Firm's Services.  ARTICLE5 INSURANCE  5.1. INSURANCE. Firm shall maintain at all times during the term of this Agreement, at the Firm's: sole expense thet following minimum insurance requirements. 5.1.1. Commercial General Liability Insurance. Firm shall maintain Commercial General Liabilityi insurance written on an occurrence basis, includingcoverage for products and completed operations liability, contractual liability, liability from independent contractors, property damage liability, bodily injury liability, and personal injuryl liability with limits of not less than $2,000,000 per occurrence and $2,000,000 annual aggregate. The limits may be satisfied by a combination of  primary and excess insurance.  829    April 15, 2024, MB#56  5.1.2. Business Automobile Insurance. At all times whilet the Firf'srepresentatives: are conducting on-site work, the Firm shall maintain Automobile Liability insurance for any owned, hired, rented, or borrowed vehicle with a limit of not less than $2,000,000 per occurrence for bodily injury and property damage liability. The limit mayl be satisfied by a combination of primary and excess insurance. 5.1.3. Workers Compensation & Employers Liability Insurance. At all times while the Firm'srepresentatives: are conducting on-site work, Firm shall maintain statutory Workers Compensation insurance ina accordance with thel laws of North Carolina. Firms shall also maintain Employers' Liability insurance with limits of not less than $1,000,000 per accident and $1,000,000 each employee fori injuryl by disease. 5.1.4. Professional Liability Insurance. FIRM shall maintain Professional Liability insurance with limits of not less than $1,000,000 per claim and $2,000,000 5.1.5. Environmental Impairment Liability Insurance. FIRM shall maintain Environmental Impairment Liability (EIL) insurance for the transportation and disposal of pollutants handled by the Engineer pursuant to this Agreement. The limits of liability shall meet all State and Federal requirements, but shall not be less than $2,000,000 each occurrence and $2,000,000 policy aggregate. This coverage should be maintained for a period ofr not less thani three (3) years after completion of the Engineer's work as set forthi in this Agreement. a) Catawba County shall be named as an additional insured under Firm's automobile, general liability and EIL insurance. In the event of a loss arising out of, or related to the Firm's services performed under this Agreement, mslaliylmurmeahan be primary (payf first) with respect to any other insurance which mayl be available tot the County, regardless ofhowt the' "other b) The Firm's General Liability, Automobile Liability, EIL, and Workers Compensation insurance must contain a waiver ofs subrogation ini favor ofthe c) Firm shall be responsible for insuring all of its own personal property, d) Allinsurance policies put forthi tos satisfythe: aboverequirements shallr require thei insurer to provide a minimum of thirty (30) days' notice to the County of any material change in coverage, cancellation, or non-renewal. e) Alli insurance put forth to satisfyt the above requirements shall be placed with insurance companies licensed to provide insurance in the state of North Carolina. Any deductibles or self-insured retentions ini the required insurance Firm! has provided Certificates ofl Insurance ("COI") which are attached hereto as Attachment C. Firm agrees to indemnify the County if the insurance policies referenced ini the COls does not contain, ata a minimum, the coverage  aggregate.  5.1.6. General Requirements  insurance" provisions may read.  County.  improvements, andl betterments.  shall be subject to approval byt the County.  830    April 15, 2024, MB#56  amounts listed oni the COI. Firmagrees toy provide completed copies of policies ifrequested. Failure of Firm to provide timely evidence of insurance, or to place coverage with insurance, or to place coverage with insurance companies acceptable to the County, shall be viewed as Firm's delaying performance entitling the County to all appropriate remedies under the law  including termination of the contract.  ARTICLE6 DAMAGES ANDI REMEDIES  6.1. SERVICES, REIMBURSEMENT AND DEDUCTIONS  6.1.1. In addition to any other remedies availablei to County, County shall have the right to deducti from payments tot the Firm any costs, damages and expenses, including reasonable attorney'si fees, that have beeni incurredby County asaresult of Firm's  failurei to perform as required by Agreement.  6.2. INDEMNITIES  6.2.1. General Indemnity. Toi thet fullest extent permitted byl Laws and Regulations, Firm shall indemnify and hold County, its officers, employees, and elected officials harmless from and against all claims, costs, charges, civil penalties, fines, losses, liabilities and damages (including! but notl limitedtoreasonable professionals' fees and charges and all court or other dispute resolution costs), by whomsoever brought or alleged, arising out of, resulting from, or in connection with (a) any breach by Firm of any term or condition of this Agreement or Written Amendment, (b) any breach or violation by Firm of any applicable Law or Regulation, or (c) any other cause resulting from any act or failure to act by Firm under this Agreement or Written Amendment, but only to the extent caused by any negligence of Firm. This indemnification shall survive the termination of this 6.2.2. Intellectual Property Indemnity. To the fullest extent permitted by Laws and Regulations, Firm shall indemnify and hold County, its officers, employees and elected officials harmless from and against all claims, costs, charges, civil penalties, fines, losses, liabilities and damages (including but not limited to all professionals' fees and charges and all court or arbitration or other dispute resolution costs), by whomsoever brought or alleged, arising out of or relatedto infringement of patent rights, copyrights, or other intellectual property rights, except withrespect to designs, processes or products ofay particular manufacturer expresslyr required byt the County in writing. If Firm has reason to believe the use ofar required design, process or product is an infringement ofa patent, copyright or other intellectual property, the Firm shall be responsible for such loss unless  Agreement.  such information is promptly given tot the County.  831    April 15, 2024, MB#56  6.3. NON-EXCLUSIVITY OF REMEDIES/NO WAIVER OF REMEDIES. AI Party's selection ofone or more remedies for breach oft this Agreement shall not limit that Party'sright toi invoke any other remedy available under this Agreement or by law. No delay, omission or forbearance to exercise any right, power or remedy accruing to a Partys shall impair any such right, power or remedy or shall be construed tol be a waiver ofa anyl breach hereof or default hereunder. Everysuchright, power orremedymaybexercikefromtimetotime 6.4. WAIVER OF DAMAGES. Parties shall not be entitled to, and hereby waive any monetary claims for, or damages arising from or related to, lost profits, lost business opportunities, unabsorbed overhead or any consequential damages.  anda as often as deemed expedient.  ARTICLE7 AMENDMENTSTO, AGREEMENT  7.1. CHANGES IN THE SCOPE SERVICES. Changes in the Scope of Services and entitlement to additional compensation or a change in duration or any other term of this Agreement shall be made only by a Written Amendment executed by both parties. County may, without invalidating the Agreement, make written changes in Scope of Services by preparing and executinga a' Written Amendment for reviewa and execution by Firm. Within three (3) days ofreceipt of such Written Amendment, Firm shall notify County in writing of any change contained therein that Firm believes significantly increases or decreases the Scope of Services and request an adjustment in compensation with respect thereto. Ifav Written Amendment significantly increases or decreases the Scope of Services, the  compensation may be equitably adjusted.  ARTICLE8 TERMINATION. AND SUSPENSION  8.1. TERMINATION FOR CONVENIENCE. This Agreement may be terminated withoutcause by County andi fori its convenience upon ten (10) days written notice to Firm. 8.2. OTHER TERMINATION. After ten (10) days written notice to the other Party of its material breach of the Agreement, this Agreement may be terminated by the noticing Party, provided that the other Party! has not taken all reasonable actions to remedy the  breach.  8.3. COMPENSATION, AFTER TERMINATION  8.3.1. Inthe event oft termination for the convenience of County, Firm shall be paid that portion ofi its fees and expenses that itl has earned1 tot the date oft termination, less anycosts or epensesinauredoranteratedtobehncured by County duet to errors or omissions of Firm. Uponrerelingnotice oftermination, Firms shall immediately  terminate any ongoing Services iti is to provide hereunder.  832    April 15, 2024, MB#56  8.3.2. In the event of termination by reason ofa a material breach of the Agreement by County, Firms shall bee entitledt tot thes same compensationasi ity wouldh haver received had Countyt terminatedi the Agreement for convenience, and Firme expresslya agrees that said compensation is fair and appropriate: as liquidated damages for anya and all costs and damagesi it might incur as al result of such termination. 8.3.3. In the event of termination by reason of a material breach of the Agreement by Firm, Firm shall be paid that portion of its fees and expenses thati ith has earned to the date oft termination, less any costs or expenses incurred or anticipated to be incurred by County due to errors or omissions of Firm or by reason of Firm's 8.3.4. Should this Agreement be terminated for any reason, County shall nevertheless have the right to require Firm to (a) turn over to County all finished or unfinished Documents and Deliverables and (b) expend such additional effort as may be necessaryt to provide tot the County profesionalycertfied. ands sealedr reports and such other information and materials as may have been accumulated by Firm in the performance of this Agreement, whether completed or in process. If Firm provides such certified and sealed information as outlined above, Firm shall be  breach of this Agreement.  compensated in accordance with this Agreement.  8.4. SURVIVAL. Termination of this Agreement, for whatever reason, shall not terminate a Partysrepresentations and warranties nor nullifyanyi indemnity hereunder.  8.5. SUSPENSION  8.5.1. County may order Firm in writing to suspend, delay or interrupt all or any part of 8.5.2. In the event Firm believes that any suspension, delay or interruption of the ervicesorderedbyCouny, mayr requirea an extension of the duration of Services or ani increase in the level of staffing by Firm, its shall so notify County and propose an amendment to the Agreement, which shall be effective only upont the written approvalofCounty. Int the eventthe duration of Services is extended or shortened or the level of staffing by Firm is increased or decreased, the Compensation for Basic Services may be equitablyadjusted by' Written Amendment. 8.5.3. A suspension, delay or interruption of the Services shall not terminate this Agreement; provided, however, that if such suspension, delay or interruption causes a suspension of Services for a period exceeding ninety (90) days, the Compensation for Basic Services may be equitably adjusted by Written  the Services for the convenience of County.  Amendment.  833    April 15, 2024, MB#56  ARTICLE9  OWNERSHIP OF DOCUMENTS, AND DELIVERABLES  9.1. OWNERSHIP OF DOCUMENTS AND DELIVERABLES. County shall be granted, at no additional cost, ownership of all drawings, specifications, plans, surveys, reports, technical memoranda, testing protocol, designs, and other documents or instruments identified as Documents and Deliverables herein or which, by their nature, are designed to be delivered to County under this Agreement. Firm shall turn over to County in good unaltered condition, documents as described in Section 10.9 of all Deliverables prior to final payment, if not delivered earlier hereunder, or within seven (7) days after termination if this Agreement is terminated for any reason. Firm may retain one set of Documents and Deliverables for its records. In the event of termination, for whatever reason, should County use drawings or other Documents or Deliverables for completion of the Project or for any reason not related to this Project without additional compensation tot the Professional, such use of Documents and Deliverables by Countyf for  other projects shall be at the risk of County.  ARTICLE: 10 ADDITIONAL PROVISIONS  10.1.FORCE MAJEURE: If Firm's performance is delayed by a force majeure, Firm shall immediately, but in no case more than forty-eight (48) hours after such conditions become known, notify County of the delay, the reasons therefore and the anticipated duration of any such delay. Firm's delayi in the performance of Services shall be excused during the duration of such force majeure, provided Notice was timely given under this 102-DSSEMINATION OF INFORMATION. County takes efforts to assure that accurate information about the County is disseminated such that neither the public trust nor the public's perception of County impartiality is compromised. Firm, mindful of those efforts, agrees that it shall not publicly disseminate anyi information concerning Services without prior approval of County. Any approval by County may be given with certain stipulations, such as County's participation in the creation of the public product or County'sreview and the option to refuse ultimate release of the final product should it fail to meet the County's standards and goals. Publicly disseminate means but is not limited to electronic, video, audio, photographic or hard copy materials serving as, in whole or part, advertising, sales promotion, Firm papers or presentations, news releases, articles, or other media products, and/or Firm's business collateral pieces. 10.3.LIMITATION ON ASSIGNMENT. Each Party binds itself, its successors, permitted: assigns and legal representatives to thet terms of this Agreement. Neither County nor Firm shall assign or transfer its interest int this Agreement without the written consent of the other.  Section.  834    April 15, 2024, MB#56  10.4.GOVERNING LAW. This Agreement and the duties, responsibilities, obligations andr rights of respective Parties hereunder shall be governed by the laws of the State of North Carolina. Exclusive venue for anyadversarial proceedingshall bes set int the Superior Court 10.5.DISPUTE RESOLUTION. No services shall be delayed or postponed pending the resolution of any dispute unless County otherwise agrees in writing. Any and all suits oractions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Catawba County, North Carolina and itis agreed by the Parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Ifand to the extent the Project is subject to the dispute resolution requirement of N.C.G.S. 143-128(f1), then Firm shall participate in the County's dispute resolution process which shall be considered part of Basic Services 10.6.EXTENT OF AGREEMENT. This Agreement represents the entire and integrated agreement between County and Firm and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may! be amended 10.7.SEVERABILITY. If any provision of this Agreement is held as a matter of law to be void or unenforceable, the remainder of this Agreement shall be enforceable without such 10.8.E-VERIFY. Firm shall comply witht the requirements of Article2 2 of Chapter 64 of the North Carolina General Statutes. Further, if Firm utilizes as subcontractor, Firm shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North 10.9.PROTOCOL FOR DOCUMENTS AND DELIVERABLES. Firm shall provide all Documents and Deliverables in electronic form to the County in read-only MS-Windows compatible format (including either screenreadable. .pdfork HTMLf formats). All drawingsshallbe CAD generated and shall be provided on electronic media downloadable onto an AutoCAD based system. In order to meet County's standards for Internet accessibility, all Deliverables (draft and final)i intended for presentation on the County of Catawba'sWeb site must be providedi in a manner andt format compatible, consistent, andi in compliance with all County technology standards. Such material must be provided in screen readable PDF or HTML versions, be screen-reader friendlyando contain alternate textt tags of no more than 34 characters. Inthe eventthat Firm notices anye errorsi ine electronic data provided tot the County under this Agreement, Firm shall immediately notify County, and if Firm provided such electronic data, Firm shall immediately replace same with correct 10.10. NOTICE. Whenever any provision of this Agreement requires the giving of written notice, it willl be deemed tol have been validly given if () delivered in persont tot the Project  ofCatawba County, North Carolina.  unlesss spedificallyagreed. otherwise herein.  only by Written Amendment.  provision.  Carolina General Statutes.  versions thereof.  835    April 15, 2024, MB#56  Manager, if to the County, or to the Project Manager, or equivalent position, or officer/member of the entity that is the Professional, if to the Professional, or (ii) if delivered at or sent by a nationally recognized overnight courier service or overnight express mail or registered or certified mail, postage prepaid, to the County's or Firm's address. The date ofsaidr notice shall bet the date of such delivery or mailing.  County: Catawba County Mailing: P.O. Box 389 Physical: 25 Government Drive Newton, North Carolina 28658  Firm:  HDR Engineering, Inc., of the Carolinas 555 Fayetteville. St. Suite 900 Raleigh, NC 27601  Attn: Utilities & Engineering Director Attn: Johnathan R. Henderson, PE  10.11. GIFTS AND FAVORS. Firm shall become aware of and comply with laws related to gifts and favors, conflicts ofi interest andt thel like, including G.S. $14-234, G.S. $133-1,and G.S. 10.12. PUBLIC RECORDS. Firm acknowledges that records made or received in connection with the transaction of public business are public records and subject to public records requests. County may provide copies of such records, including copyrighted records, in response to public record requests, except that, upon request of and indemnification by Professional, the County will not disclose records that meet all of the requirements ofa trade secret as set forth in N.C.G.S. 66-152, that are specifically designated as a "trade secret" or "confidential" at the time of initial disclosure by contractor, and that are otherwise entitledi top protection under N.C.G.S. 132-1.2(1). Firm shall make Countya aware of any public records requests made inr regard to Services or this Agreement. 10.13. RESOLVINGDISCREPANCES. Except as otherwise stated ini the Agreement, the provisions of the Agreement take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Agreement and the Attachments and the provisions of any standard, specification, manual, code or instruction of any technical society, organization or association (collectively 'Other Standards'), provided that if any oft the Other Standards impose a more: stringents standard or obligation upon Firm thanin the Agreement, the Other Standard shall take precedencei inresolvinga any conflict, error, ambiguity or discrepancy between the provisions of this Agreement and the Other 10.14. NON-DISCRIMINATION. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; MA.eSA conditions atdtoPepnACNamA orbreastfeeding:senualonientation.martalstatusyage.nationalongnyanncestrygenetic information; disability; veteran status; or any class protected by local, state, or federal  5133-32.  Standard.  law.  836    April 15, 2024, MB#56  IN WITNESS' WHEREOF, Firm and County, being duly authorized, have caused these presents to  bes signed int their names as of the day andy year first above written.  CATAWBACOUNTY  Date  Mary Furtado, County Manager  HDRI Engineering, Inc., of the Carolinas  Date  Johnathan R. Henderson, South Atlantic Area Manager  THIS INSTRUMENT has been pre-audited in the manner required by Local Government Budget  and Fiscal Control Acts as amended.  Date:  Mary Morrison, Chief Financial Officer Account Number: 485-351100-22017 Amount: $ 637,600 Source: Federal State Local X Grant Name & Number (if Applicable)  APPROVED ASTOFORM:  Date:. Date:.  Josh Teague, Assistant County Attorney Jake Robinson, Risk Management  837    April 15, 2024, MB#56  ATTACHMENT B NOTICE TO PROCEED  Owner: Catawba County Contractor: HDRI INC. Effective Date of Contract: TOI ENGINEER: to run on.  Owner's Contract No.: Contractor's Project No.:  Project: MSW Unit 4 Construction Permit Application  You are hereby notified that the Contract Times under the above Contract will commence Engineering Agreement, Attachment A-S Scope of Services, Part3.0 Periods of Service. Design Hydrogeologic Report- - Field Work willl begin within 1 month of signed contract Amended Permit to Construct - Estimated that 60% complete Construction Permit Application, not including the Design Hydrogeologic Report, will be available for County review within four months after Notice to Proceed. A draft of the final Construction Permit Application will be available for County review within two months after Utilities Bid Documents = Complete within one month of NCDEQpermit approval. Construction Adminstration/Qualty Assurance - Complete within 9 months of  2024. Completion times will be in accordance with the  completion of the Hydrogeologic Report. contractor Noticet to Proceed.  CATAWBA COUNTY NC  By:. Title:  ACCEPTANCE OF NOTICE TO PROCEED  By:. Title:. Date:  838    April 15, 2024, MB#56  ATTACHMENT C CERTIFICATES OF INSURANCE  839    April 15, 2024, MB#56  A copy of the Task Order is hereto attached:  840    April 15, 2024, MB#56  ATTACHMENT A TASK ORDER 2024-01  CATAWBA COUNTY BLACKBURNA MSWLANDEILL UNITACONSTRUCTION PERMIT. APPLICATION  PART1.0 PROJECT: DESCRIPTION:  This scope ofs services and budget provides for activities associated with the expansion oft the Unit 4 Subtitle DI lined area at the Catawba County Blackburn Landfill for the disposal of MSW under NCI Permit No. 1803-MSWIF-1997.  PART2.0 SCOPE OF SERVICES TOI BEI PERFORMED! BYI ENGINEER ON' THE PROJECT: Task lincludes the development of thel Design Hydrogeologic Report for thel Unit 46 expansion area oft the  TASK1-1 DESIGN HYDROGEOLOGIC REPORT (Rule .1623(b))  County's Blackbum) MSWLandfill.  Narrative:  This taski item provides fora a1 more detailed evaluation of the site than that performed in the Site Study. Emphasis is placed on hydrogeologic evaluation int thel landfill: footprint. The rule requires an average of one boring per acre unless otherwise approved by the NCDEQ Division of Waste Management This work includes both field data collection activities and preparation of supporting documentation to be included as part of the Construction Permit Prepare a work plan for the installation of borings and piezometers for Sub-contract with al licensed driller for implementing the work plan. Oversee drilling operations to include up to 30 boring locations (1 per acre) with an average depth of6 60 feet. Advance three 10-foot-long non-directional: rock cores; Collect split-spoon soil samples with standard penetration tests collected Obtain upt to 30 undisturbed Shelby tube samples. Submit thei following samples for laboratory analysis:  (Division). Application.  Activities:  NCDEQ: approval.  at5 5-foot intervals.  Up to 50 samples for particle size with hydrometer for fines, saturated hydraulic conductivity, porosity, and effective  porosity;  Upt to 10. Atterberg limit tests. Upt to 4 consolidation tests.  841    April 15, 2024, MB#56  Upto4 40 ConsoidatedUndnined shear strength tests with pore Convert soil borings which encounter groundwater to piezometers. The three rock core borings will be converted to deep piezometers. Conduct monthly water level readings for a year at each piezometer for use in evaluating estimated seasonal high-water level. Run slugt tests on upi to 10 piezometers fori use ine estimating the hydraulic conductivity oft the subsurface soils. Perform ai field survey ofthe installed piezometers and the Unit 4 area. Update the existing Methane Gas Probe Location Map by adding the proposed stations needed for Unit 4. Update the existing Monitoring Well Location Map by adding the proposed monitoring wells for Phase Unit 4. Abandon up to 26 piezometers subsequent to the end of the one-year monitoring period and approval from NCDEQ.  pressure measurements.  Deliverables: Design Hydrogeologic Report fori inclusion in the Unit 4 Construction Permit  Application including the following: Soil testing laboratory data. groundwater monitoring event. groundwater monitoring wells. Bedrock contour map. hydrogeology. for the MSW unit.  Boring andj piezometer logs with surveyed location map. Water table potentiometric surface elevation map for single, stabilized Estimated long-term seasonal high groundwater surface. Estimated: aquifer properties such as hydraulic gradient, seepage velocity, and contaminant migration potential to aid in placement of proposed Two subsurface cross-sections depicting subsurface geology and Updated Landfill Gas and Groundwater/Surface Water Monitoring Maps 1. Catawba County will provide access and clearing required during drilling activities. HDR will coordinate these needs with landfill staff. 2. Temporary piezometers will not include permanent well covers or concrete pads. The landfill will be responsible for protecting the wells during the application and approval process.  Clarifications:  TASK2- WATER QUALITY MONTORINGPLANRULE.103D0  Narrative:  This task includes preparation ofsurface and ground-water monitoring plans  fort the site.  842    April 15, 2024, MB#56  Activities:  Major work tasks include the following.  A groundwater monitoring plan including sampling and analysis requirements and detection monitoring requirements fulfilling the As surface water monitoring plan in accordance with Rule. .0602. 1. Installation oft the detection monitoring wells is not included int this scope. This work will be performed under' Task 1.  requirements of Rules. 16301 through. .1637.  Clarifications:  TASK3- AMENDMENT OF THE CONSTRUCTION PERMIT APPLICATION (RULE.1617) Task 36 encompasses a "Permit Amendment" to the Construction Permit. Application: for the expansion area as defined by General Statute 130A-294 (a3)(3)a: and b.. As al Permit Amendment HDR will update thei following components of the application asi identified in. .1617(c) include thei following:  (A) Engineering Plan (Rule.1620) C) Construction Quality Assurance. Plan (Rule. .1621) (D) Operations Plan (Rule. .1625) (E) Closure and] Post-Closure Plan (Rule.1629)  Within the Construction Permit Application the engineering, operations, and closurepost-elosure plan discussions is grouped. into one comprehensive section entitled Construction Plan) Report, and thel Design Hydrogeologic Study, Construction Quality Assurance (CQA)Plan, and' Water Qualityl Monitoringl Plan (WQMP) is provided as separate report sections. This scope of services does not include items associated with a' "New) Permit" as defined by General Statute 130A-294 (a3)(1)(a through e) such as local  government permitting or environmental, justice reviews. Thet tasks detailed below follow the format stated above. Task3.1 Construction Plan Report  Subtask 3.1.1 -Engineering Plan (Rule.1620)  Narrative: The detailed design ofthe landfill is addressed int this subtask. Work will closely follow Rule. 1624, which relates the minimum construction Activities: Prepare anl Engineering Plan that relates the followingi information.  requirements for new landfill facilities.  Engineering Plan  Narrative discussion addressingt the design requirements of thel landfill  (Rule. .1624), including the following. Base liner system design (Rule. .1624) Grade and flow direction ofthe leachate system Size, location, and grades for leachate piping Leachate management system details Landfill gas collection system details  843    April 15, 2024, MB#56  Transitional contours and boundaries for each phase of development Leachate storage and treatment facilities (Rule. .1680) Materials of construction and construction practices  Stormwater segregation features Caps system (Rule. .1627) Engineering Drawings Existing conditions Grading plans Base liners system Leachate collection system Capsystem Landfill gas collection system Erosion control plans Demonstration of vertical separation  Clarifications:  1. Applications for sedimentation and erosion control plan approval will be prepared and filed duringt thei final désign for bidding and construction. 2. This work does not include modifying discharge permits for leachate  management.  Subtask 3.1.2 - Construction Ouality Assurance (COA)Plan (Rule.1621) Narrative: The Operations Plan will describei the operational procedures followed at the Activities: The CQA Plan will follow the outline provided in Rule. 1621 and the  landfill.  minimum criteria established in Rule. .1624. The CQA Plan shall include the  following key elements.  Responsibilities and authorities of each organization Inspection activities and procedures Sampling strategies and protocol  Clarifications: None  Subtask 3.1.3- - Operations Plan (Rule.1625)  Narrative: The Operations Plan will describe the operational procedures followed at the Activities: Prepare an Operations Plan that relates the following information.  landfill.  Operations Plan  Narrative discussion addressing the operational requirements of the  landfill (Rule. 1626), including the following. Waste acceptance and disposal requirements  844    April 15, 2024, MB#56  Cover material requirements Disease vector control Explosive gases control Air quality compliance Access and safety requirements Erosion and sedimentation control requirements Drainage control and water protection requirements Liquids restrictions Recordkeeping requirements Waste spreading and compacdingrequrements, Leachate management plan Landfill gas management and control plan Operations Drawings Landfill development Existing conditions and disposal areas Fill construction progression plan Leachate controls Landfill gas wells and collection Special waste areas (as applicable) Bufferz zones Stockpile and borrow areas  Clarifications:  1. Design ofag gas system is not included in this Scope of Work. 2. The Operations] Plan willl beb based ont the existing plan with minor modifications a. accommodating ther new landfill phase, b. issues identified during permitting, extension oft the leachate management; plan, and d. modifications to the gas collection system.  related to:  Subtask 3.1.4- Closure/Post-Closure Plan (Rule.1629)  Narrative: This work includes preparation of closure and post-closure details, including Activities: Prepare a Closure/Post-Closure Plant that includes the following.  cost estimates.  Closure Plan requirements Capsystem description Estimate of1 largest area to require closure Estimate ofmaximum inventory of waste Closure schedule Closure cost estimate Post-Closure Plani requirements Monitoring and maintenance requirements Contact person information  845    April 15, 2024, MB#56  Proposed final use of the property. Post-closure cost estimate  Clarifications:  1. Financial assurance: assistancei is not part of this scope. Assessment of Corrective Action (PACA) estimates.  2. This scope does not include engineering assistance in developing Potential  Task: 3.2 Construction Permit Application  Narrative: Activities:  This Taski includes modification oft the Construction Permit Application  reports for NCDEQ review and approval. Major work tasks include the following. Construction Permit Application. forr review and approval. approval ands stamping.  Compile work completed in Tasks 1, 2 and 3 into a final draft Review final draft with County staff and address staff comments. Complete final Construction Permit Application and submit to NCDEQ Monitor review process and address NCDEQ comments. Submit final, edited Construction Permit Application tol NCDEQ: forf final  Deliverables: Construction Permit Application:  Two draft copies for County. One review copy for NCDEQ. Two final approved copies for the County. Electronic copies will be shared for all stages of review.  Clarifications:  1. The work associated with monitoring and responding to two sets of NCDEQcomments is included int this scope. This scope does not include effort required to address additional comments. Significant design changes required by NCDEQ or others which are not supported by the  regulations are: not included in this scope.  TASK 4-1 PREPARATIONOE) BIDDINGDOCUMENTS-ANCILLARYUTILITIES The purpose oft this taski is toj prepare bidding documents: forl landfill ancillary construction items including perimeter roadway, stormwater and erosion control, leachate force main conveyance system, landfill gas transmission and site electrical supply for Unit 4. The taski includes development of construction drawings, preparation of contract specifications, and the issuance of! plans ands specifications for bid.  846    April 15, 2024, MB#56  Services Provided by HDR:  Prepare one comprehensive construction document set for the construction of ancillary facilities that a. Prepare construction specifications including contract documents, general conditions, andt technical specifications for the installation of the perimeter roadway, stormwater conveyance and sedimentation basin, electrical supply, landfill gas transmission piping and leachate force main ii. Existing French drain location and construction details for connection to the new outlet ii. Removal and replacement oft the existing sediment basin outside oft the landfill footprint iv. Plans and typical details depicting the extension of the existing landfill gas and leachate conveyance systems from the existing Units into and around Unit 4. V. Expansion of the existing electrical supplys system toi include the proposed Unit 4. vi. Plans and details for the expansion oft the perimeter roadway to encompass Unit 4.  willl bei required for the development ofUnit4 4.  conveyance system.  b. Prepare construction drawings that identify, atar minimum, the following: The most current landfill topography as provided by the County.  location. area.  Review construction plans and specifications witht the County. 2. Develop a preliminary construction cost estimate. 3. Meet with County stafft to review construction documents. 4. Coordinate plans with) NCDEQ. 5. Preside at aj pre-bid meeting and address contraçtor questions throughout the bid period. . Attend the bid opening andj prepare: a tabulation ofbids received. 7. Review qualifications of the low bid contractor ands second lowest bid, ifrequired. 8. Prepare al letter oft recommendation' to County regarding award oft the contract. 9. Coordinate execution oft the construction contract through County and the contractor.  10. Coordinate issuance oft thel Noticet tol Proceed.  Deliverables: 40 construction. 2. Preliminary construction cost estimate. 3. Letter ofi recommendation. Clarifications:  1. One comprehensive construction contract document set ofplans ands specifications for bidding thel Unit  1. Research of possible off-sitel borrow sources is noti included int this scope. during the review process for the Construction. Permit Application.  2. Thiss scope: assumes the portion of designi includedi in this task will receive partial approval by NCDEQ TASKS-ADMINISTRATIONAND MONITORING OF CONSTRUCTION. AND COA The objective of this work taski is to monitor and report tot the County regarding progress made in fulfilling the terms of the construction contract, to coordinate construction monitoring with the Construction QualityControl(CQc)represemtative: during periods ofconstruction oft thej perimeter  847    April 15, 2024, MB#56  roadway and leachate force main conveyance: system, andj provide ac construction quality: assurance report documenting the constructioni fort the County: and tol bei incorporated: into thei full certification for Unit 4. Construction ofthe Unit 41 landfill containment willl be under a future scope.  Task 5.1 Construction Administration Description of Work:  1. Conform the bid documents to addendum. 2. Attend and preside at a preconstruction conference. 4. Prepare change order(s) for County approval.  3. Review shop drawings, samples, andi requests for substitutions fromt the contractor to verify general compliance with the contract documents. Two review cycles have been included 5. Schedule and conduct monthly construction progress meetings with the County and the contractor. During periods of major work, meetings may be conducted bi-weekly. Review monthly payment requests submitted byt the contractor and certify partial payment 7. Provide record drawings on an AutoCAD file. Record drawings will be prepared from marked up record drawing prints provided by the general contractor at the end of  int the fee estimate.  requests. construction. Task Deliverables:  1. Shop drawing submittal reviews. 2. Monthly progress meeting minutes. 3. Field Orders. 4. Change Orders. 5. Record drawings.  6. Certification of partial payment requests. Task: 5.2 Construction Ouality Assurance Description of Work:  1. Review CQCs surveying and thej procedures usedi in accomplishing thes survey. 2. Define any additional survey lines/grades (in addition to those identified in the Construction Quality Assurance Plan) that require documentation. 3. Examine the subgrade: surface: for acceptability. 4. Observe and document CQC soils testing and potentially conduct up to 10 percent confirmation testing, as deemed appropriate. This also includes confirmation that the required CQC testing frequencies are being met, and observations of testing associated 5. Review material submittals including manufacturer quality control certificates and  with borrow source CQC work. personnel qualifications.  6. Conduct a cursory inventory of stored materials.  848    April 15, 2024, MB#56  7. Confirm that the installer has properly labeled, placed, tested, repaired (as needed), and 8. Review laboratory test results and communicate with the County on an as-needed' basis. 9. Observe and document repair procedures and advise the County of any problems or 10. Document that quality assurance requirements have been addressed and satisfied and provide the County with a summary report of all CQA activities. 11. Prepare observation logs and conformance data sheets (as required) in conformance with the CQA plan. This will include photographic reporting on a selected basis. 12.. At the completion ofthe construction, compile required forms, logs, and data sheets, and provide a final report certifying that the work has been performed in general accordance 14. The Certification Report will then be incorporated into the final certification drawing for Unit 41 when constructed tol be sent tol NCDEQ fori issuance of thel Permit to Operate.  documented the material deployments.  difficulties.  with the contract documents and permit. 13. Prepare the Certification Report for review by County staff.  Task Deliverables:  1. Draft Certification Report (one copy). 2. Final Certification: Report (two copies).  Clarifications:  1. As-built (survey) drawings are to bej provided by the contractor as part ofCQC. 2. CQA costs include testing soils as required by the contract documents and referenced 3. CQC testing services are to be provided by the contractor as defined in the contract  herein. documents.  4. CQC test results will be included in the Certification Report. 5. One HDR representative willl be on-site part time, 3 days per week. 6. Thej project is anticipated to take 91 months to complete.  Key Understandings: Schedule:  The construction contract is anticipated toi take 9 months from Notice-to-Proceed.  This task willl be performed during the Construction Permit Application ground water review process which is anticipated to occur from late 20241 through mid-2025.  PART3.0 PERIODS OF SERVICE:  Design Hydrogeologic Report - Field work willl begin with 11 month ofs signed Contract.  849    April 15, 2024, MB#56  Amended. Permit to Construct- It is estimated that 60% complete Construction Permit Application, not including the Design Hydrogeological Report, will be available for County review within four months after notice toj proceed. A draft ofthe final Construction Permit Application will be available for County review within two months after completion ofthe Utilities Bid Documents Complete within one month ofl NCDEQ1 permit approval. Construction Administration/Ouality Assurance - Complete within nine months of Contractor  Design Hydrogeological Report.  Notice to Proceed. PART4.0  PROPOSED TASK BUDGET  The task outlined above willl be completed on a1 time and materials basis as outlined int the professional services contract. The following provides al budgetary amount for each task. These amounts will not be exceeded without prior approval from Catawba County.  Task  Estimated Fee $193,000 $13,500 $123,000 $58,600 $249,500  Taskl-DESIGN HYDROGEOLOGIC: REPORT Task2-WATER QUAUTYMONITORING PLAN  Task3.  AMENDMENTOFTHE CONSTRUCTION PERMITAPPLICATION Task 4-P PREPARATION OF BIDDING DOCUMENISANGILARI UTILITIES Task5 -A ADMINISTRATION, ANDI MONITORING OF CONSTRUCTION: AND  CQA  Total Estimated Budget $637,600  This Task Orderi is executed this "OWNER" DATE: BY: NAME: TITLE: ADDRESS:  dayo of "ENGINEER" DATE: BY: NAME: TITLE: ADDRESS:  2024.  CATAWBACOUNTY, NORTH CAROLINA HDRI ENGINEERING, INC. OF THE CAROLINAS  440 South Church St. Suite 1200 Charlotte, NC 28202  850    April 15, 2024, MB#56  b. The Tax Administrator requested the Board of Commissioners approve 10 releases totaling $2,530.71 and 35 Motor Vehicles Bill adjustments /refunds totaling $3,213.77 requested during the month of March. North Carolina General Statute 105-381(b) states upon receipt of a taxpayer's written request for release or refund, the taxing unit's governing body has 90 days to determine whether the taxpayer's request is valid and to either approve the release or refund of the incorrect portion or to notify the taxpayer in writing that no During the month of March, Tax Office staff checked records and verified the legitimacy oft ten (10) release requests totaling $2,530.71, and thirty-five (35) Motor Vehicle Bill adjustments / refunds totaling $3,213.77. Common reasons for release of tax bill amounts include change in values and months, change in situs, businesses closing / being sold, clerical errors, listing errors and the removal of personal property. The motor vehicle bill adjustments are largely due to pro-ration of tax bill amounts to account for mid-year  release or refund will be made.  transfers of ownership, change in values and change in situs. A copy of the Release and Refunds Summary is hereto attached:  APPROVAL OFF RELEASES &F REFUNDS  TIME PERIOD: March 1,2024 Thru March 31,2 2024  PROCESSED: April 15,2024 MOTOR VEHICLE NCVTS  REGULARI RELEASES REGULARK REFUNDS  NEW MOTOR) VEHICLE SYSTEMI REFUNDS (VTS)  MOTORY VEHICLE REAL &F PERSONAL TOTALS MOTORV VEHICLE REAL&F PERSONAL TOTALS  $0.00 $2,530.71 $2,530.71 $0.00 $2,530.71  3,213.77  COUNTYGRAND TOTAL  RANDY ISENHOWER CHAIRMANOF THEE BOARD CATAWBACOUNTYE BOARDOF COMMISSIONERS  The consent agenda items came in the form of a motion by Chair Isenhower, which carried unanimously.  10. Other Items of Business. None.  851    April 15, 2024, MB#56  11. Manager's Report. a. Creation of FTE. Library FTE -l Library Assistant b. Budget Transfer. transfers have been completed: Capital Project Transfer: HHS Drainage Line Repair Transfer From: To:  County Manager Mary Furtado reported the following two items to the Board:  The Library will be using reinventing funds to add a. .50 FTE Library Assistant to the Conover Branch library. The Library Assistant classification is at pay grade 64, with a minimum hourly rate of $14.42/hour. Budget Transfers: Pursuant to Board authority granted to the County Manager, the following budget  420-750100-865200-32150-3-19 420-750100-865200-32104-3-19  System-wide Security Upgrades HHS Renovations  $49,000 $49,000  Transfer needed to make emergent repairs to a drainage line near the track and bleachers at the HHS football field. The security funds were originally appropriated towards fire alarm replacement at the high County Attorney Jodi Stewart requested the Board consider moving into Closed Session pursuant to North Carolina General Statutes 143-318.11(a) (3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. Attorney Stewart did not anticipate any action upon return to open session. Commissioner Beatty made a motion to enter closed session for that purpose. The motion carried 13. Adjournment. No further action was taken. Upon a motion by Commissioner Beatty which unanimously  school that willl be addressed as part oft the larger upcoming renovation project.  12. Attorney's Report.  unanimously  carried, the meeting was adjourned at 8:38 p.m.  e  Randy Isenhower, Chair Catawba County Board of Commissioners Dusel  Dale R. Stiles County Clerk  852