HC RS  LEE COUNTY BOARD OF COMMISSIONERS DENNIS WICKER CIVIC CENTER 1801 NASH STREET SANFORD, NC 27330 January 9, 2023 MINUTES  Roll Call Taylor Vorbeck Absent: Kirk Smith CALL TO ORDER INVOCATION  Present: Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark Lovick,  Vice-Chairmain, Andre Knecht called the meeting to order at 6:05 p.m.  Commissioner Carver led the Board in an invocation and the Pledge of Allegiance.  PLEDGE OF ALLEGIANCE ADDITIONAL AGENDA Mover: Taylor Vorbeck Lovick, Taylor Vorbeck Absent: 1 - Kirk Smith Motion Result: Passed II. APPROVAL OF CONSENT AGENDA Mover: Cameron Sharpe Lovick, Taylor Vorbeck Absent: 1 Kirk Smith Motion Result: Passed  Motion: Motion to approve the agenda as presented.  For: 6-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  Motion: Motion to approve the Consent Agenda as presented. For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark    II.A Sanford Officials Association Contract Sanford Official's Contract Revised 12 2022.pdf II.B Request to accept additional funds in the Family Planning Program 151-1 FY23 Lee.docx.pdf II.D Approval of Budget Amendment # 01/09/23/08 BA 01-09-23-08  II.C Request to accept S.L. 2022-74 Sec. 24.2(16)FY231 Direct Grant Funds  ILE Lee County Government EMS Parking Lot Rehablitation/Central Drive Ambulance Parking Lot Rehab Bid Docs.pdf II.F Lee County Multi-Sports Complex Traffic Design  Lee County Sport Complex Design_ Scope._12292022 Signed.p pdf Sole_ Source.Justfication. Form_MS Complex Traffic Design.pdf II.G Horton Park Pool Bathhouse Renovations Change Order No. 5 IIH Change tol Lee County Classification and Pay Plan Pay Plan Rates Effective January 1, 2023.xisx  Change Order No 5.pdf  Sworn LEO Pay Plan and Classification Plan Effective 01-01-2023.xisx Revised.xisx Detention Pay and Classification Plan Effective January 1 2023xlsx Revised.xisx Communications Dispatchers Pay Plan and Classification Plan Effective 01-01- II.I Personnel Policy Change- policy B-18 Drug and Alcohol Free Workplace Policy and  2023.xlsx Revised.xisx  policy B-4 Recruitment and Selection A.1 Table of Contents (Revised 01-09-2023)doc B.4 Recruitment and Selection Rev2.doc 01-09-2023.doc B.18 Drug and Alcohol Free Worxplace.docrewsion 2021.doc  II.J Reclassify part time Personnel Clerk tot full time Human Resources Assistant-  Grade 62  Human Resources Assistant.revised: 2022.docx IIK Minutes from thel December 19, 2022 Regular Meeting BOCI Mnu,24922-Gdoo8 III. PRESENTATION OF PROCLAMATIONS    III.AI Proclamation Honoring Joyce McGehee and Her Years of Service to Lee County Vice-Chairman Knecht read aloud and presented a proclamation honoring Joyce McGehee and her years of service to Lee County as Human Resources Director for the past 16) years. A copy oft the proclamation is attached and incorporated into these Motion: Motion to approve the proclamation honoring Joyce McGehee and her For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  minutes.  years of service to Lee County Mover: Robert Reives Lovick, Taylor Vorbeck Absent: 1- Kirk Smith Motion Result: Passed  IV. PUBLIC HEARINGS  IV.A Zoning Text Amendment to thel Lee County Unified Development Ordinance Zoning Administrator Amy McNeill presented to the Board for consideration a text amendment to the Unified Development Ordinance, Table 4.6-1 Permitted Use Matrix to revise the land use categories "Religious Complex (less than 350 seats), new: site" and' "Religious Complex (more than 350 seats), new: site" to remove the prohibition preventing this land use from being located within the Central Business District (CBD). zoning classification. Vice-Chairman Knecht opened the public hearing at 6:14A p.m. No one spoke ini favor ori in opposition. Vice-Chairman Knecht closed the public hearing at 6:15, p.m. 03-TA-RELIGIOUS COMPLEXES IN CBD.pdf  IV.B Zoning Text Amendment to the Lee County Unified Development Ordinance Zoning Administrator. Amy McNeill presented to the Boardi for consideration at text amendment tot the Unified Development Ordinance, Article 5 Supplemental Development Regulations to add supplemental development regulations pertaining tot the definition, location, and standards for mobile food vendors under "5.45 Mobile Food Vendors." - This would allow for more flexibility for staff in issuing permits for food trucks, a more practical administration oft the food truck's use and operation throughout the community, and increased public safety by facilitating more coordination with Lee County and other counties' health departments. The proposed standards include permitted locations of use, the location ofi food vendors withina a particular site, and the safe preparation and handling of food and disposal of resultant waste. The Planning department currently lumps in food truck permits with all Temporary Uses Permits and staff feels that iti is a unique enough use to have its own unique standards. Vice-Chairman Knecht asked about the limiting uses in the amendment, such as one food truck per lot. Staff determined this was reasonable based on research conducted. Staffi is also working on a food truck parks text amendment that would allow locations to have more than one food truck at one time. Vice-Chairman Knecht asked why the two amendments were not being presented altogether. Ms. McNeill explained that there was more demand for the initial single food truck at one location, so staff began researching that first and will look into the food truck parks next. Vice-Chairman Knecht feels the two    amendments go handi in hand and one shouldn't come before the other. He also asked about foodt trucks operating in residential areas. Ms. McNeill explained that that would not be allowed per the proposed amendment andi is not currently allowed. An example would be an ice cream truck. The truck can drive througha a neighborhood andi make short stops in the right of way, but cannot park ata residence and selli ice cream at 3:00 p.m. every day. Commissioner Vorbeck asked ifmultiple foodt trucks could operate in a commercial lot as long as the trucks are operating at different times, and who would be responsible for regulating the permits. Ms. McNeill said the Planning department regulates the permits and asked Thomas Mierisch, Planner Il and Major subdivision review and TRC coordinator, to provide additional information on the proposed text amendment. Mr. Mierisch conducted the research on this text amendment. The current regulations only allow for one food truck on private property as a temporary use. This is difficult to regulate because there are so many food trucks in operation. The current regulations are impractical andi most food trucks don't bother obtaining a permit because itis difficult under our regulations. The proposed text amendment does allow for more flexibility andi is business friendly, but also allows for more enforcement so staff can better coordinate with the Lee County Environmental Health Department on ai food truck's health permits, as well as better keep track of where foodi trucks willl be operating. According to state DHHS standards, food trucks are supposed to notify the county in which they are travelling tot for operations. Permit applications typically Vice-Chairman Knecht opened the public hearing at 6:25 p.m. David Smoak of 96 Northridge Trail, Sanford spoke for the intent of the text amendment, but against certain portions ofit. He is concerned personal property rights are limited with this language and the limit on the number of food trucks The City of Sanford has approved the text amendment as is effective February Vice-Chairman Knecht closed the public hearing at 6:34 p.m. and the Planning  take 3-5 days to process. No one spoke ini favor.  allowed per parcel, which is ambiguous. Board was excused to their meeting. 04-TA-FOOD TRUCKS.pdf thep program andi is supportive ofit)  1,2023.  V. PUBLIC COMMENTS  Christy Patten, 388 Gunter Lake Road (Dream Center- family member currently in Joey Morrill, 116 West Harrington Drive (Dream Center- personal experience in David Smoak, 96 Northridge Trail (Goals for the year and upcoming budget Nadia Ingram, 1372 Heritage Way, Cameron, (Dream Center supports the  the program) process) program) VI. OLD BUSINESS    VI.A Approval of the MOU for the Fourth Spec Building  County Attorney Whitney Parrish said the County is being askedt to approve the MOUI for the fourth spec building on the condition that the MOU for shell building #3 is terminated before we execute the new MOU. In this MOU, the County wille enter into a lease of up to 24 months in the amount of $28,381.88 per month for the first 12 months, for at total of $340,582.50, and up to $32791.17 for the second 12 months, fora a total of $393,494. The developers at Central Carolina Enterprise Park have asked the City of Sanford andt the County to consider participating in another economic development activity for a shell building at CCEP, and understand the condition. The County held a public hearing at the December 19, 2022 meeting and one person spoke ini favor ofit. The County would like for shell building #3 to be sold to an end user, whether that's al lease or ai final sale, and the County's obligation is  ended before executing the MOU for shell building #4. 2022-12-06 CCEP Overall Exhibit- Exhibit A (002).pdf Exhibit B-Shell Building 4.pdf Final Shell Final Resolution authorizing Shell Building 4.docx  Building 41 MOU.docx  Motion: Motion to approve the MOU for Shell Building 4 and execute the agreement contingent upon the County's responsibilities with Shell Building 3terminating to ensure there are not two MOUS or leases in existence at the For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  same time. Mover: Cameron Sharpe Lovick, Taylor Vorbeck Absent: 1- -Kirk Smith Motion Result: Passed VI.B Dream Center Discussion  Commissioner Mark Lovick requested to add this discussion item at the last Board meeting. Commissioner Lovick expressed that this discussion is not about Life Springs Church andi is only about the process for how the County awards monies to organizations. His issues were the quickness oft the decision and he felt thatt there should have been more time to review the request, as well as more time to consider other organizations' requests. Commissioner Reives wondered ifthe request even qualifies per County policies. The Dream Center does not currently have 501(c)(3) non-profit status, buti is in the process ofi receiving it. The County has not received documentation oft the Dream Center's status. Commissioner Reives noted that it was al requirement that organizations provide documentation with their application. County Attorney Whitney Parrish said Life Springs Action Team has filed for non- profit status, but they have not received the IRS determination yet. Staff met with them and explained that the County could note enter into a contract with them until theyr receive their Determination Letter, per Board policy. The contract will not come  back to the Board until staff receives the letter. W.Spngdn.TemumeReowy.Punpat    VI.CI Daymark 24/7 Services Discussion  Commissioner Reives asked for this discussion item to be added to the agenda. County Attorney Whitney Parrish reached out to Daymark for potential options for additional services. Commissioner Reives asked ifD Daymark is willing to have an individual on call during after hours. Dr. Crumpton said iti is a staffing issue and plans to discuss this further at the Board Retreat. Ms. Parrish spoke to the Daymark CEO ands saidt they are having similar conversations in other counties. Dr. Crumpton noted that we are having a lot of conversations with Moore County. The County didn't receive enough opioid funds and are talking with Moore County about a potential  partnership.  VI. NEW BUSINESS  VIL.A Major Subdivision Preliminary Plati for Winding Creek Farm, Section 12 Zoning Administrator. Amy McNeill asked the Board to acknowledge ift they have a conflict ofi interest regarding the plat. There were no conflicts. Ms. McNeill presented the the Planning Board's recommendation regarding the major subdivision preliminary plat for Winding Creek Farm, Section 12. This application is for a six lot addition to the existing subdivision off of Carbonton Road/Cricket Hearth Road, and the Planning Board recommends approving the request. The remaining 49 acres that will not be developable was considered by the Planning Board. Motion: Motion to approve the Major Subdivision Preliminary Plat for Winding For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  (BINDER) Winding Creek Farms (Sec. 12).pdf  Creek Farm, Section 12. Mover: Cameron Sharpe Lovick, Taylor Vorbeck Absent: 1- Kirk Smith Motion Result: Passed  VI.BPurchase of playground equipment and shelter for Temple Park Parks and Recreation Director. Joseph Keeli is seeking approval of adding playground equipment and a shelter for Temple Park at a cost of $266,803 from Churchich. The Board allocated $310,000 in ARPA funding for Phase 2oft the park. The playground will be similar to new playground at Horton and Kiwanis Children's Park, but this is geared to 2-12 so that more children will be able to use ita at one time. Commissioner Reives is concerned about park usage and asked ift that was trackable. The staff does track activity Monday through Friday, as staff live in the County and can check the parks on a regular basis. All of our parks are being used Motion: Motion to approve the purchase of playground equipment and For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  very heavily. CHURCHICH QUOTE.p pdf Playground equipment. pdf shelter for Temple Park. Mover: Robert Reives Lovick, Taylor Vorbeck Absent: 1- Kirk Smith Motion Result: Passed    VII.CFY2 2023-2024 Budget Procedure Calendar  Finance Director Candace Iceman presented the Budget Procedure Calendar to the Boardi for approval. The calendar is tentative, and work sessions are not listed at this Motion: Motion to approve the FY 2023-2024 Budget Procedure Calendar. For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark  time.  2023-24 Budget Calendar. pdf Mover: Bill Carver Lovick, Taylor Vorbeck Absent: 1-Kirk Smith Motion Result: Passed  VIII. MANAGERS REPORTS  Dr. Crumpton was asked by! Margaret Murchison to share upcoming Martin Luther King, Jr. events. On Sunday, January 15, at the Martin Luther King, Jr. Park on Horner Boulevard, there willl be a wreath ceremony at 2p p.m. Onl Monday, January 16 at the Dennis Wicker Civic Center, there will be programs at 10 a.m. and 1 p.m. Dr. Crumpton also provided a couple updates on projects. The multi -sports complex should be out to bidi inr mid- to late-March and we should hopefully receive bids around the beginning of May. The new library will be picking up steam this summer. Our Construction Manager at Risk, SAMET/Sanford Contractors, is anticipating to get pricing then and will report back tot the Board with updates at thatt time. The Horton Park Pool project is moving along and we are still looking at al May 1 substantial completion date and opening on Memorial Day weekend. Staffi is meeting with the state at the Endor Iron Furnace site to walk the site  with them and discuss possible partnerships on the site.  IX. COMMISSIONERS COMMENTS  ADJOURN Mover: Robert Reives Vorbeck Absent: 1-H Kirk Smith Motion Result: Passed  Motion: Motion to adjourn. The Board adjourned at 7:37pm.  For: 6- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Bill Carver, Mark Lovick, Taylor  KaDbte Chair, Lee County Board of Commissioners  Kirk Smith COUNTY  ATTEST:  sutrer Hailey Hall, Clerk to'the Board  TH    NORTH CAROLINA LEE COUNTY  SERVICE CONTRACT Januany 2023  THIS CONTRACT isi made, and entered intot this the ghh day ofl December, 2022; by and between the COUNTY OF LEE, aj political subdivision oft the State of North Carolina, (hereinafter referred to as "COUNTY"), and SANFORD OFFICIALS. ASSOCIATION, (hereinafter referred to as Fora andi in consideration ofr mutual promises made to each other as hereinafter set forth, thej parties do 1. SCOPE OF SERVICES. The CONTRACTOR will secure andj provide the services of certifiedor otherwise qualified officials to oversee all athletic games scheduled by Lee County Parks and Recreation and willj provide thei number of officials required for the games and matches indicatedi inj provision3 3 below. Int the event] Lee County Parks and] Recreation will require additional officials above the numbers delineated] herein, its shall promptly notify CONTRACTOR with the additional request and the additional All Officials shall be Officials oft the Sanford Officials Association which is solely responsible for training, game assignment, performing background checks, and payment ofi its officials. Sanford Officials Association isi responsible for complying with all safety and employment related] laws and regulations applicable tot their Officials. All Officials are expected to conduct themselves according tot the Code of Conduct for Officials. Any complaint about an Official willl be made directly tot the booking agent who willl ber responsible for any disciplinary actions that may be warranted. Timei is of the essence 2.TERM OF CONTRACT. The Term of this Contract for Services is for two years, beginning the Ist day ofJ January, 2023 through the 315 day of December 2025, unless sooner terminated as provided herein 3.PAYMENTTO CONTRACTOR. CONTRACTOR: shall receive: from COUNTY the amounts listed below as compensation for the provision of Services unless the contract is terminated ori modified:  "CONTRACTOR").  mutually agree and contract asi follows:  officials shall be paida att the same rates.  with respect toa all provisions oft this Contract that specify a time for performance.  orr modifiedi in writing signed by both parties.  Age Group Youth 7-8 Youth 10-12 Youth 13-14 Youth 7-8 Youth 9-10 Youth 11-12 Youth 9-11 Youth 12-14 Adult 16+ Youth 5-8 Youth 9-12 Youth 7-9 Youth 10-16  Program/ Number of Officials Co-ed Basketball (1 official) Basketball (2 officials) Basketball (2 officials) Coach] Pitch( (1 umpire) Baseball (2 umpires) Baseball (2 umpires) Softball (2 umpires) Softball (2 umpires) Softball (2 umpires) Flag Football (1 official) Flag Football (2 officials) Volleyball (1 official) Volleyball (1 official)  Payment Per Game or Per Match $40.00 each official includes booking fee $40.00 each official includes booking fee $45.00 each official includes booking fee $45.00 each official includes booking fee $45.00 each official includes booking fee $55.00 each official includes booking fee $45.00 each official includes booking fee $55.00 each official includes booking fee $50.00 each official includes booking fee $45.00 each official includes booking fee $45.00 each official includes booking fee $40.00 each officiali includes booking fee $45.00 each official includes booking fee  1    Youth 7-15 Adult 16+ Scorekeepers  Kickball(1 official) Kickball (1 official) Any  $40.00 each official includes booking fee $45.00 each official includes booking fee $20.00 each official includes booking fee  COUNTY agreest toj pay CONTRACTOR: att the rates specified above for Services performed to the satisfaction oft the COUNTY, in accordance with this Contract. Alll booking fees are already included in thei rate amount andt the COUNTY shall not be responsible for any further amounts for any booking fees orf for removing any amounts from the fees for booking charges. Unless otherwise specified, CONTRACTOR: shall submit ani itemized invoice to COUNTY for Services performed.. AJ Purchase Order number may be assigned to encumber thei funds associated with this Contract and must appear on alli invoices and correspondence mailed to Purchaser. Payment willl bej processed promptly uponi receipt NO-SHOW CREDIT TOCOUNTY. The CONTRACTOR: shall make every reasonable effortt to provide notice tot the COUNTYifan official will not be: available fora a game twenty-four hours before the gamei iss set tol begin. The CONTRACTOR: shall also make every reasonable effort to find a replacement official ifiti is aware the scheduled official is for any reason unable to attend a game. Int the event a scheduled or substitute official does not appear for a required Parks and Recreation game or match, the CONTRACTOR: shall payt tot the COUNTY: $5.001 for eachi missed game. This will be applied as a credit toa any payment duet tot the CONTRACTOR. The COUNTY shall keep a written record oft the date and 4. OFFICIALSCLINICS. The CONTRACTOR shall organize, implement, conduct andi run Official's Clinics beforet thel beginning of each season for each and every Lee County Parks and Recreation. League inc ordert tot train and ensure officials' and staff's knowledge of rules and regulations for each sport. The COUNTY shall allow the CONTRACTOR to usei its park facilities atp pre-arranged times ati no cost for the .INDEPENDENT CONTRACTOR. The CONTRACTOR agrees that CONTRACTOR is an independent contractor ands shall not represent itself as an agent or employee of COUNTY for any purpose int the performance of CONTRACTOR's: duties undert this Contract.. Accordingly, CONTRACTOR: shall bei responsible forj payment of all federal, state and local taxes as well as business license fees arising out OfCONTRACTORs: activitiesi in accordance with this Contract. For purposes of this Contract taxes shall include, but not be limited to, federal and state income, social security and CONTRACTOR, as ani independent contractor, shall perform the Services required hereunder ina professional manner and ina accordance with the standards ofa applicable professional organizations and 6.INSURANCE AND INDEMNITY.To: the fullest extent permitted by laws and regulations, CONTRACTOR shalli indemnify andl hold harmless the COUNTY and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to, fees and charges ofe engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of ori resulting from CONTRACTOR's) performance oft this Contract or the actions oft the CONTRACTOR ori its officials, employees, or contractors undert this Contract or under contracts entered into by the CONTRACTOR: in connection with this Contract. This indemnification shall survive the termination oft this Contract.  and approval oft the invoicel by COUNTY.  gamet the official failed to attend and provide notice to the CONTRACTOR.  express purpose of conducting the Official's Clinics.  unemployment insurance taxes. licensing agencies.  2    Ina addition, CONTRACTOR: shall comply witht thel North Carolina Workers' Compensation Act and shall provide for thej payment of workers' compensation toi its employees int the manner and tot the extent required by such. Act. Additionally, CONTRACTOR: shall maintain, ati its expense, the following $1,000,000 per occurrence. $2,000,000: aggregate - Bodily Injury Liability, and $1,000,000 per occurrence. $2,000,000: aggregate--Combined Single Limit Bodily Injury and CONTRACTOR, upon execution of this Contract, shall furnish to the COUNTYa Certificate of Insurance: reflectingt the minimum limits stated above. The Certificate shall provide for thirty (30) days advance written notice int the event ofa decrease, termination or cancellation ofc coverage. Providing and maintaining adequate insurance coveragei isar material obligation oft the CONTRACTOR. All such insurance shall meet alll laws oft the State of! North Carolina. Suchi insurance coverage shall be obtained from companies that are authorized toy provide such coverage and that are authorized by the Commissioner ofl Insurance to do business in) North Carolina. The CONTRACTOR shall at allt times comply with thet terms of such insurance policies, and all requirements of thei insurer under any such insurance policies, except ast they may conflict with existing North Carolina laws ort this Contract. The limits of coverage under eachi insurance policy maintained byt the CONTRACTOR shall not bei interpreted 7.1 HEALTH. AND SAFETY. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions andj programs required by OSHA and all other regulatory agencies 8.N NON-DISCKIMINATION IN EMPLOYMENT. CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, or disability. CONTRACTOR: shall take affirmative action to ensure that qualified applicants are employed and that employees are treated fairly and legally during employment with regard tot their age, sex, race, creed, national origin, or disability. Int the event CONTRACTOR: is determined by the final order of an appropriate agency or courtt tol bei in violation ofa any non-discrimination; provision of federal, state or local law ort this provision, this Contract may be canceled, terminated or suspended in whole ori inj part! by COUNTY, and CONTRACTOR: may be declared ineligible for further COUNTY contracts. 9.GOVERNINGI LAW. This Contract shall be governed by and in accordance with thel laws oft the State ofl North Carolina. All actions relating in any way to this Contract shall be brought int the General Court 10. TERMINATION OF CONTRACT. This Contract may be terminated, without cause, by COUNTY, upont thirty (30) days written noticet to CONTRACTOR. This termination notice period shall begin upon receipt ofther notice oft termination. Sucha a termination does not bar either party from pursuing a claimi for This Contract may bet terminated, for cause, by the non-breaching party notifying the breaching party ofa substantial failuret top perform in accordance with the provisions oft this Contract andi if the failurei isi not corrected within ten (10) days oft the receipt oft the notification. Upon such termination, the parties shall be entitled tos such: additional rights and remedies as may be allowed1 by relevant law. Termination oft this Contract, either with or without cause, shall not form the basis of any claim for loss of  minimum insurance coverage:  $100,000 --1 Property Damage Liability, or  Property Damage  asl limiting the CONTRACTOR's liability and obligations under the Contract.  whiley providing Services under this Contract.  ofJ Justicei int the County ofLee and the State ofNorth Carolina.  damages for breach oft the contract.  anticipated profits by either party.  3    11. SUCCESSORS AND ASSIGNS. CONTRACTOR: shall not assigni itsi interest in this Contract without the written consent OfCOUNTY.CONTRACTOR has no authority to enter into contracts on 12. COMPLIANCE WITHLAWS. CONTRACTOR represents that it isi in compliance with alll Federal, State, andl local laws, regulations or orders, as amended or supplemented. Thei implementation of this Contract shall bec carried outi ins strict compliance with alll Federal, State, orl local laws. 13.1 E-VERIFY.. As a condition of payment for services rendered under this agreement, CONTRACTOR shall comply with the requirements of Article 2of Chapter 64 of the General Statutes. Further, if CONTRACTOR provides the services tot the County utilizing as subcontractor, CONTRACTOR: shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 oft the General Statutes as well. CONTRACTOR shall verify, by affidavit, compliance oft the terms oft this section upon 14.1 IRANI DIVESTMENT. ACT. CONTRACTOR certifies that they are not listed on the Final Divestment List created by the State Treasurer pursuant tol N.C.G.S. 143-6A-4. Individuals or companies ont thel Final Divestment List are ineligible to contract or subcontract with) Local Government Units. (G.S. 143C-6A-6(a).) It ise each vendor's or contractor's responsibility to monitor its compliance with this restriction. Contracts valued atl less than $1,000.00 are exempt from this restriction. 15. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL. CONTRACTOR certifies thati isi it noti identified ont the Israel Boycott List or any other list created by thel NC State Treasurer pursuant tol N.C.G.S. 147-86.80 eta al. and thati it will not take any action causing it to appear on any such 16.1 NOTICES. All notices whichi may ber required by this contract or any rule ofl law shall be effective  behalfofCOUNTY.  request! by the County.  list during the term oft the contract agreement.  when received by certified mail sent tot the following addresses:  COUNTYOFLEE ATTN: County Manager 408 Summit Drive Sanford, NC27330 CONTRACTOR/OWNER Mr.Tommy Womack 2101 Monroe Street Sanford, NC 27330  17. AUDIT RIGHTS. For all Services being provided) hereunder, COUNTY shalll have the right to inspect, examine, and make copies ofa any and alll books, accounts, invoices, records and other writings relating to thej performance oft the Services. Audits shallt take place at times and locations mutually agreed upon by bothj parties. Notwithstanding thei foregoing, CONTRACTOR must make the materials tol be 18. COUNTY NOTI RESPONSIBLE FORI EXPENSES. COUNTY shall not bel liablet to CONTRACTOR: fora any expenses paid ori incurred by CONTRACTOR, unless otherwise specifically  audited available within one (1) week oft the request for them.  agreed toi in writing.  4    19.ANNUAL APPROPRIATIONS, AND! FUNDING. This Agreement may be subject to the annual appropriation off funds by the Lee County Commissioners. Notwithstanding: any provision hereint tot the contrary, int the event that funds are not appropriated for this Agreement, then County shall be entitled to immediately terminate this Agreement, without penalty orl liability, except thej payment ofa all contract fees 20.) EQUIPMENT. The CONTRACTOR: shalls supply, ati its sole expense, all equipment, tools, materials, and/ors supplies required top provide Services hereunder, unless otherwise agreed in writing. 21. ENTIRE CONTRACT. This Contract shall constitute the entire understanding between COUNTY and CONTRACTOR: ands shall supersede all prior understandings and agreements relating to the subject matter hereof andi may be amended only by written agreement of the parties signed by both parties. 22. HEADINGS. Thes subject headings oft the sections are included for purposes of convenience only and shall not affectt the construction ori interpretation of any ofi its provisions. This Contract shall be deemed1 to havel been drafted1 by both parties andi noi interpretation shalll be madet tot the contrary. 23.1 EXISTENCE. CONTRACTOR warrants that iti isa a corporation duly organized, validly existing, and ing good standing under the laws of the State ofl North Carolina andi is duly qualified to dol business int the State of] North Carolina and! has full power and authority to enter into and fulfill all the terms and 24.A AUTHORITY. By execution! hereof, the person signing for CONTRACTORI below certifies that he/shel has read this Contract and that he/shei is duly authorized to execute this Contract on! behalf oft the IN TESTIMONY WHEREOF, the parties have expressed their agreement to these terms by causing this  duet under this Agreement up to and through thel last day of service.  conditions oft this contract. CONTRACTOR.  Service Contract tol be executed by their duly authorized office or agent.  CONTRACTOR: Sanford Officials Association Thomas L. Womack, Owner COUNTY OFLEE By: eeCounty  By:  Thisi instrument has been preauditedi int the manner required by thel Local Government and Fiscal Control Act (udae Lee County Finance Officer  PE  boan  5    MEMOT TO: FROM: SUBJECT: DATE:  LEE COUNTY BOARD OF COMMISSIONERS JOHNACRUMPTON, LEE COUNTY MANAGER BUDGET AMENDMENT#: 1/9/23/08 January 9,2 2023  SECTIONI. THE FOLLOWING GENERALI FUND (1100) REVENUE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 105,992  NEW CHANGE BUDGET 1,129 107,121 81,000 81,000 82,129  DEPARTMENT Health Senior Services  ACCOUNT#  DESCRIPTION TOTAL CHANGES  1100-3510-33370 DEHNR Family Planning 1100-3582-34750 ARPAA Aging  SECTIONI. THE FOLLOWING GENERALI FUND(1100) EXPENSE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 37,861 86,380 56,727 6,000 9,739 5,800 79,307 6,300 43,789 3,100 1,000  NEW 38,990 98,380 57,645 8,000 4,900 11,239 7,800 11,100 63,339 7,432 4,400  DEPARTMENT Health Senior Services Senior Services Senior Services Senior Services Senior Services Senior Services Senior Services Senior Services Senior Services Senior Services Senior Services  ACCOUNT# 1100-5107-44172 1100-5826-41300 1100-5826-42100 1100-5826-43110 1100-5826-43330 1100-5826-43530 Advertising 1100-5826-43540 1100-5826-43970 1100-5826-44100 1100-5826-44660 Program Supplies 1100-5826-46415 1100-5826-46416 Technology Equipment <$500  DESCRIPTION Non-Prescription Drugs Temporary Salaries FICA Professional: Services-Medical Maintenance-Grounds: Printing Contracted: Services-Meals Office/Dept: Supplies Equipment <$500 TOTAL CHANGES  CHANGE BUDGET 1,129 12,000 918 2,000 4,900 1,500 2,000 25,600 104,907 4,800 19,550 4,332 3,400 82,129  COUN  dalny #/b HAILÉY HALL, CLERK TT THE BOARD  AY    IU.  434F Fayetteville Street Suite 1500 Raleigh, NC27601 (919)836-4040  wsP DATE: TO: FROM:  December 29, 2022  Development Services, Lee County Government John Adams, Vicel President, WSP USA Inc. Sravya Suryadevara, Project Manager, WSPUSAI Inc.  SUBJECT: Scope of Services top provide design services for the Lee County Multi-Sports Park WSP is pleased to submit this proposal to provide the following scope of services for the proposed Lee County Multi-Sports Park in the southwest quadrant of the US 421 and NC 42 (Broadway Road) interchange in Sanford, Lee County. Sravya Suryadevara, WSP's) North Carolina' Traffic Lead will continue WSP agrees toj perform the services int the lump sum amount of $80,688.51. This proposal is valid for 45 days. Uponi notice toj proceed, the services are estimatedi tob be completed: in 1201 business days. The services  Dear Santiago:  tos serve as the project manager. consist off following services:  Coordination with thel Lee County, NCDOT and City of Sanford  Design oft the roadway improvements associated with the proposed Lee County Multi-sports Park Invoices fori interimj payments shall bej prepared by WSP on' WSP's standard form and submitted every four (4) weeks tot the Client. Each invoice shall bej prepared to request payment of the portion of the lump sum amount inj proportion. to the percentage of Services rendered during the invoice period to the total of Services tol be provided hereunder. Such invoices shall be paid to WSP byt the Client within fourteen (14) Please acknowledge: your acceptance oft this] proposal that still refers tot the original WSPI USA Inc. Standard Terms and Conditions, dated. January 1, 2018, by signing and returning one to the undersigned. Unless directed otherwise, WSP'sreceipt ofas signed copy constitutes its Notice tol Proceed. Please let usl knows should your require any clarification or need any additional information.  days of presentation tot the Client.  Sincerely, WSP USAI Inc. gnedby: Jolun L. Alans, PE John Adams, PE Vice President  uSignedby: Sravya Suryadevara, PE Project Manager  Acknowledged and açcepted for the client, Lee County Government:  Manager  This.instrument been preauditedint the mânner required by the Local Government Budgeta and Fiscal ContractA Act. ZE Caudaukuwin Finance Officer, Lee County    vocusign Enveiope ID:  434 Fayetteville Street Suite 1500 Raleigh, NC27601 (919)836-4040  wsp  Scope of Services and Fee Estimate Southbound Ramps/Site Driveway 11 Intersection  Lee County Multi-Sports Park- Intersection Improvements at thel NC 42 and US4 421 Under thiss scope ofs services, WSP will provide design services for thej proposed intersection improvements at the US 421 Southbound Ramps and NC 42i intersection for Lee County Multi-Sports Park in Sanford,  North Carolina. The proposed roadway improvements for the intersection include:  Site Access  Provide the northbound Site Driveway 1 approach with onei ingress and two egress lanes. Ane exclusive left-turn lane of at least 325 feet ofs storage and appropriate taper An exclusive right-turn lane ofatl least 175 feet of storage and appropriate taper Restripe the existing yellow diagonal hatching and provide al left-turn lane into the site An exclusivel left-turn lane with at least 2001 feet ofs storage and ana appropriate taper An exclusive right-turn lane with atl least 75 feet ofs storage and an appropriate taper  Acontinuous through lane, and  Westbound NC42 Eastbound! NC42  Provide ai right-turn lane ont the eastbound approach  Thiss scopei is contingent upont the approval oft the control of access break for the site access across from the US 421 Southbound Ramps along NC4 42. Ifthere is any change in access to the site, this scope will need  tob ber revised.  Task 1- Project Administration Task 1.1 Project Management Services expendedi ins scoping the project. Task 1.2 Monthly Status Reports  This task covers routine review ofhours expended, communication with the clientt to verify that thej project remains ons schedule and within budget, preparation of monthly invoicing and progress reports, and effort WSP willy prepare monthly status reports and delivert ther reports tot thel Project! Manager withi invoices during the design phase oft the project. The status report will summarize work completed to date. Each invoice shall bej prepared tor request! payment oft thej portion oft the lump sum amount inj proportion tot thej percentage ofs services rendered during the invoice period to the total of services to be provided hereunder. Such invoices shall be paidt to WSP byt the Client within fourteen (14) days of presentation tot the Client. The WSP Project Manager and one other attendee will attend up to 8 meetings with the Client to provide The WSPE Project] Manager and one other attendee will attend up to 61 meetings witht the Client, NCDOTor Cityo ofSanford/Lee County duringt the review process. Thesei meetings are assumedt toi include coordination meeting with NCDOT and/or City of Sanford/Lee County, review meetings for each design milestone  Task 1.3 Project Coordination Task 1.4 Project Meetings  updates ont thej progress and coordinate with stakeholders on the Client's side.  (90%, and 100%). This task does not include meetings for thej public meeting.    vocusign Enveiope ID: vior  434F Fayetteville Street Suite 1500 Raleigh, NC27601 (919)836-4040  wsP Task2-F Roadway Design Task 2.1-F Preliminary Design 30% Plan  WSP will develop thei roadway plans for previously listedi improvements in the southwest quadrant ofNC 42 and US 421 interchange in Sanford. Thej preliminary design plans will bej prepared in accordance with  but not] limited to:  NCDOTI Roadway Design) Manual 20181 NCDOT Roadway Standard Drawings  20181 NCDOT Standard Specifications for Roads and Structures Policy on Street and Driveway Access tol North Carolina Highways (NCDOT) AF Policy on Geometric Design of Highways and Streets AASHTO2018  WSP shall prepare Design Assumptions & Typical Sections for review and approval by NCDOT, Lee County and City ofs Sanford befores starting thej preliminary plans. WSP will prepare 30%] preliminary plans using approved design assumptions to meet as stated above the guidelines at a scale of 1"-50' horizontal and 1"=10' vertical. WSPs shall prepare 30% preliminary cross sections and Roadway Design using Geopak and Corridor Modeler. All cross sections shall be completed in 50-foot increments for standard roadway  sections.  Thel Roadway typical sections willi include thei following:  Westbound: NC4 42:4 AI 11-ft left-turn lane with mediani island within existing 16-ft median Eastbound NC 42: A: 5-ftl bike lane and 12-ft right turn) lane, Curb and Gutter Site Access: 12-ft travel lanes ati intersection with) NC4 42, Curb and Gutter WSP will submit ai full-size set oft the 30% Design Plansi inj pdfi format for review.  Task 2.2-75% Plan Submittal  WSP will submit af full-size set oft the 75% Design Plansi inp pdff format toi include the following:  Title Sheet Typical Sections Roadway Plan and Profile Sheets Cross-Sections  This plans set willi incorporate approved drainage designs and any additional design elements that may affect WSP will provide final design plans, special provisions, and engineer's estimate for the improvements WSP wills submit ai full-size set oft the 100% Design Plans inj pdff format toi include the following:  right-of-way: acquisition and/or utility relocations ifa applicable.  Task 2.3-1 100% Plan Submittal  listed.  Title Sheet Typical Sections Roadway. Plan and Profile Sheets Cross-Sections    Docusignt Enveiope ID: vorAvO3 AISSREMLOPSRAION  434F Fayetteville Street Suite 1500 Raleigh, NC27601 (919)836-4040  MsP Task3- Drainage Design  WSP will develop drainage design for inclusion on the 60%: roadway plans in accordance with the NCDOT Guidelines for Drainage Design and Standard Specifications and Standard Drawings. The latest willi include revisions to the drainage for the access to the site which includes an exclusive left and design turn lane and a continuous through lane. In addition to the site access, WSP willj provide for the left andr right lane on Westbound: NC 42 and] Eastbound NC 42 respectively. This projecti is contained withint the NCDOTI right of way, andl hencei itis assumed that control measures to reduce flows at this outfall will not be1 required, and their designi is design noti included within this scope of services. Comments on the drainage design will be incorporated into subsequent submittals. A complete drainage summary will be provided with 100% Plans Submittal, and the roadway Final WSP willy provide design guidance tol McAdams on the Erosion Control Plant toi include the erosion control  right drainage design ofstormwater  Sealed Plans and! Bidl Document Submittal. Task 4-7 Traffic Management Plan  devicess such asl location and types ofd devices for the off-site road improvements. The Trafficl Management Plans willl bej prepared in accordance with but not limited to:  NCDOT Roadway. Design Manual 20181 NCDOT Roadway Standards. Drawings 2018 Standard Specifications for Roads and Structures MUTCD (Current Version)  The Consultant shall prepare construction traffic control phasing and general notes for the proposed improvements. The Consultant: shall prepare Intermediate Contract Times (ICT's) andI (LD's)i in coordination witht the Client, toi identify allt time restrictions for construction operations Liquidated that Damages affect traffic." These ICT'sa and LD'sv will bei included as part of the project special provisions. The finalt traffic control plans shall include aj phasing sequence whichs shall include the work to be donei in eachy phase, the traffic control details to be used for each phase, and any associated ICT's and LD's. sheet drawings such ass staging plans and details will not bej provided. Traffic control quantities will not be provided. The Consultant will determine an cost percentage to account for traffic control costs for the project. The percentage appropriate will be coordination" with the Client and industry averages for similar projects constructed recently in developed the area. in Thel Pavement! Marking and Signing Plans (combined plan set) willl bej prepared in accordance  Plan construction  Task 5- Pavement Marking and Signing  limitedt to:  with but not  NCDOT Roadway Design Manual NCDOT 2018 Roadway Standards Drawings MUTCD (Current Version) 20091 NC Supplement tol MUTCD  NCDOT 2018 Standard Specifications for Roads and Structures  WSP will develop final pavement marking and signing plans for thej proposedi  att  Southbound Ramps and NC 42 intersection. Proposed improvements will incorporate improvements design elements the US421 of    Enveiope D:  1-090B-LDrsGOID  434F Fayetteville: Street Suite 1500 Raleigh, NC27601 (919)836-4040  MsP  TIP Project R-3830 including proposed pavement marking and signing. Submittals will include a 90% WSP willo develop traffics signal planst toi modify thec existing traffic signal located att the US 421 Southbound Ramps and NC 42 intersection to add the site access approach as well as the proposed improvements onl US 421 Southbound! Ramps and! NC4 42. WSP will designt the traffics to! NCDOTS Standards. Thes signal willl be designed to use thel NCDOTS standard 332 signal  Preliminary and 100%1 Final and Final Sealed Plans along with bid documents.  Task 6-1 Traffic Signal Design  in conformance roadway cabinet, 20700 controller,  SE-PAC locals software, andi inductive loop detection.  Thes signal plans will bej prepared in English units andy willi include thej preparation oft the following items: Intersection Layout Plan: This plan will reflect the overall layout of the intersection showing the items proposed for construction. Items on thej plans will consist ofi intersection striping andi marking location tob be considered: pavement marking plan); detectionz zones; identification ofr new conduit runs; signal head (not placement; pole locations; location of the controller cabinet (as directed by the NCDOT); pull boxes; phasing diagram; a timing chart; loop detection chart; a table of operation; notes; signal heads and Electrical Details Plan: This plan will include traffic signal cabinet configuration, intersection controller programming requirements for signal operation, and include details for: the signal monitor specific programming, signal head hook-up requirements, detection rack layout, detector configuration, and  legends.  sign  equipment information notes. Provided by the Client survey request form Exclusions  The clienti is expected toj provide the following items:  Topographical Land Survey: US 421 Southbound Ramps and] NC4 42i intersection based ont the traffic Site Civill Designl Plans and CADD files for the US 421 Southbound Ramps and NC4 42 intersection  signal  Erosion Control design Stormwater control measures Permits Deliverables  Task 1-1 Project. Administration Initial Project Schedule Documentation of General Coordination activities Monthly Progress Reports and Invoices Task. 2-1 Roadway Design Design. Assumptions Submittal Design Assumptions Typical Sections Preliminary: 30% Submittal Title Sheet Typical Sections Sheets    ign Enveiope  434F Fayetteville Street Suite 1500 Raleigh, NC27601 (919)8 836-4040  wsp  Plan Sheets with Horizontal Design for all Alignments Profile Sheets with Vertical Design for all alignments Preliminary Right of Way and easement limits Proposed Guardrail Designi ifrequired. Preliminary Slope Stake lines Preliminary Earthwork Summary Preliminary Construction Cost Estimate Approved 30% Plans Incorporate approved drainage designs Right-of-Way needsi identified (if applicable) Approved 90% Plans Cross sections Estimated Construction Quantities Engineer's Construction Cost Estimate Engineer's Construction Contract Documents  Cross Sections  75% Submittal Final Submittal  Task3-R Roadway Design  Design Assumptions Submittal o Design Assumptions Preliminary 90%1 Plan Submittal Drainage Design Final Submittal Task 4-7 Traffic Management Preliminary 60% Submittal 90% Submittal 100% Submittal (Final) Final Submittal  Drainage Summary Sheet & Quantities o Staging Concept Traffic Control Phasing Notes Traffic Control Phasing Notes 100%1 Traffic Controll Phasing) Notes Final Traffic Control Phasing Notes  Task: 5- Pavement Marking and Signing 90% Submittal (Preliminary) 100% Submittal (Final) Final Submittal Task 6-1 Traffic-Signal Design 90% Submittal 100% Submittal Final Submittal  Preliminary Pavement Marking & Signing Plans 100%1 Finall Pavement Marking & Signing Plans RFCFinal Pavement Marking & Signing Plans  o 90% Traffic Signal Design Plan 100% Traffic Signal Design Plan Final Sealed Traffic Signal Design Plan    inunnu EKMS ANU LUNUIIUNS  Definitions  (a)." WSP"s shallmeany WSPUSAInc. New) Yorke corporation. (b)T The" Client": shalln meant thep partyo orp partiesi identifiedin int the" "Agreement" (as hereafterd defined)a as havinge enteredintoa contractw withl WSP. (cThe" "Agreement" shallr meant thev writtena agreementp pursuantt tov whichV WSPh has agreed top perform services fort the Clienty whether int thef form ofap proposalo or otherwise. includinga any General Conditions appendedt thereto ori incorporated by (d)T The" Services" shallr meant thes servicesy which WSP ist top perform under the (e)T The" Representative" shallr mean any person or entity actually or apparently actingo onbehalf ofthe Clentw withr respectt tothe" "Project" (as hereinafter defined), including.w withoutl limitation. (e employeeso ofthe Client (inth thee event the Clientis engagedi int thep practice ofa architecture or engineering. persons employed byt the person ore entity which has retainedt the Clients services in connection witht the Project. and (ii) any archtect engineer, contractor or construction manager retainedbytheD Client directlyo orindirectly. (lhe" "Project's shallmeant thed design. construction, rehabitation,o oro otherv workin connectiony withy whichl WSPispr providingt thes Servicest tothe Client. StandardufCare Inacceptingti this agreementi fore engineerings servicesy youa acknowledget their inherent risksa associatedv withc construction. Inperformingo ourp professionals services, we willuset thed degreed ofcarea ands shillordinariye exercisedu unders similar circumstancesb byn members ofthep professionp practicinginthes samed ors similar locality. Authorization. (a)A Approvalb bya Acceptanceo any Representative orA ApprovalofServitces oft the Services authorization given bya any Representativef for WSP top perform any part oft the Servicesora anyA AdcitionalServicest ortoin incura anyR Reimbursable! Expenses.r maybe either oralory written. Sucha approvalora authorizations shall bee effective, whether given before. during or after thep performance oft the Additional Services or the incurrence of the Reimbursable Expenses. Int the event that the Agreement albcates thes Services intop phases. authorization given bya any Representative to WSPt top proceed with any phase oft the Services shallb be deemedt to constitute acceptancea anda approvalofallworkp performedbyW WSPir inconnectiony witht thep prior (6)S Successorso or assigns ofthe Clients shallbeb boundb bya approvals. authorizations ora acceptances previously givenb bya anyR Representative, (c)Inthee eventa anyl law. statute. ordinance. rul. regulationoro order. Factory) Mutual orBoardof offirel Underwriters standardisa adopted, revisedori interpreteds sucht that WSPisr requiredt to change. revise ors supplementd designs or othery workp performed byW WSPp priort tot thes effectived dateo ofsucha adoption. revision. ori interpretation, any such change. revision ors supplement shallbed deemedt toc constitute anA Additional Service, for whicha aditomalcompensation: shallbepaidtow WSP. Inthee eventt thatt the Cientf failst top payy when duea anyi invoice deliveredt toitbyl WSP, WSP shall thereupon have len upon alloft the drawings. specifications. documents oro athern materials orv writings preparedbyw WSP.oratitsd direction, plans. and thenir initsp possession, ands shallbee entitedtow withholda alls suchr materials fromt the Cient untils such time asp paymentin inf fulloftheir invoiceis ism made. This lens shallbein additiont to, andn notinlieuof,a anyri rights orremedies whichV WSPn mayh haveu undert the Agreement, ora atk law, equity or otherwise. The Client herebyr releases WSP from any right pursuant to this Paragraph 4. including. without limitation. any consequential damages. lost profits, additional financing or other expenses or Thec Clients shallin indemnifyy WSP: andit litsprincipals. officers andemployees: against anyli liability, claimo ore expense (includingp paymento ofa attorneys' feesa and disbursements asi incurred)incomectiony witha actions. proceedings orc claimsby anyp person ore entityf form monetaryl losses (and,t tot thee extentp permittedbylaw. propertyd damages andp personalinjuries)a allegedtohaveo occurredir inc connection witht thep performanced ofthes Services, unlesst thes solec causef fora allsuchlo losses, damagec ori injuries wasn negigenceb byW WSP. Thef foregaings shallnota affecta any rightso ofWSPt tocontributionorin indemnificationf from! Client Inadition,t theD Client herebya agreest thatW WSP, itsp principals. officers, agents andc consultants arehereby  releasedo ofandf froma anya anda alliablityorn responsibityl (fort thei investigation. Examination, testing. samplingoro otherr review ofanya asbestos- -containingn materials whichr mayb bel locatedinora about thep project (i)fora anyv worku undertakenw with respect tot ther removal, encapsulationo or othert treatment ofanys sucha asbestos- containingr materials withint thep project, orlil,forc compliancey witha anyl laws, orders. ruleso orr regultionsi imposedbya anyfi federal state, cityoro otherg governmental entity. agency orii instrumentality. exceptt tot thee extentt thaty WSPH hase expressly agreedint this agreementt tou undertaker responsibiityt thereaf. The! Client does hereby: agreet toir indemnifya andholdh harmless WSPf froma anda against anya andal liabiity, naturey whatsoeveri fines, suits, damages. losses, demands, costs ande expenses ofanyk kindor li) against! ofthei WSPbya anyp party: andina anyy wayr relatedt to anya aspecto ofitems (). (i)or defenser ofanyo immediatelyp claims, precedings suits. demands sentence. orf Indemnification: shallin linclude the Thef foregpingp provisions inwritingt hereofs shalls maybeb survivet brought bythe! Clent torbyanyt thirdp party. othere entities orp persons anyandalComtractors: Subcontractors, Materials Suppliersa and constructiont toir indemifyl WSPt tot thee extentp permittedbyle lw: againstr risky whichare notn normallyb borne! bythee engineeringp professionir int thef formofAl AIAD DocumentA A-201 Clients -GeneralD shalla Conditions alsoo ofthec Contractfor Construction (1987Edition), Section3.18. Contractor's causel Contractort tor namel WSPa asanac additionali insuredon Comprehensive Generalliabitypoiry,. Allc claims, disputes or other matters in question between the Clent andy WSP arising out of.o orr relating to. the Agreement shall be decided accordance with the construction Arbitration/ Associationu unlesst Industry Abitration Rules oft the American 7. Delays andExtensionst afTime thep parties mutualya agreed atherwise. ()IFWSP, ata anyt time. preventedf from, or delayedin. providingt the Servicesb by anya acto or omissionb byt the Clent, anyo ofits Representatives, thea archtecti forthe Project, or anye employee oford contractor fora anyo ofthe foregning. orbyo changes delayi orderedi int inthe Services, orbyk labor disputes. governmental entities. fire. unusual transportation, adverse weather conditions not reasonably foreseeable. unavoidable Cient casualties, or any cause beyondy WSP's control orby delay authorized bythe (or its Representative) pending arbitration. orby any other cause noticet which WSP reasonably determines may justify the delay, then () WSP may, on WSPn mayd tothe determine, Client extendt thet termoftheA Agreement forsuchr reasonable timeas Serviceso orfora anyA andithep Services payments tobem madetow WSPfore eachp phase ofthe (b)Int the event thatt thereof)a addedtothen originalte Itermofthe! Agreement. Project in accordance with the time schedul describedi int the Agreement or describedb byt the Clientt to WSP, prior tos enteringi intot theA Agreement, or otherwise prevents WSP fromp performinga anyp phaser ofthe Servicesi inaccordance withs such time schedule, WSP may. at its option. ( exercise its rights pursuant to liabilityt Subparagraph tot the Cientf 7a) hereof, or (i)t terminate the Agreement withouti incurring any Services performed. fors sucht termination.i inv which eventt the Clent shallpayf forall  referencetherein.  Agreementi includingar any" AdditionalServices".  incurredincomnectiont witha anyo claim orp proceeding brought thatn fines arisingt therefrom. byc counsel (hereinafter" Contractor"): actuallyr responsiblef for  approvedbyl WSPir thisa agreement. Clients shallc cause  thee expirationo ore eariert terminationo of  Arbitration  ofanyo  performed by WSP. or  by arbitrationi in  isp  phased ofthes Services.  thirty-dayp period( (orp Additionals partt  shallbei increasedbyl9 1%fore eacha additional  the Cient does not commence andt thereafter continue the  Non-payment  in whole or in part, by WSP prior to termination, atti the Subparagraphs 7a) and7 7b) shallb beir inadditionto, any rights or remedies which WSP may have under this  (C)T contractp Ther remedies pricee establshedintheA describedins Agreement. and noti inl lieu of. Agreement, oratlaw. equityo or otherwise. AdequacyoftheF Fundingf fort thep Project  claimsf for delayincompletion. Indemnification  Thel Client represents andy warrants thatit ithass secured, or wils securei inat timely fashion. schedule fundinga adequatet to commence andtocompletet theP Projpcty withint thet time theA referredt toint the Agreement or describedt to WSP, prior toe enteringir into failure Agreement. Cancellation or revision oftheP Projecta as result ofthe Client's tos securef fundingi inat timely fashion or anyo ather reasons shalln not.i inany event. permit the Client to terminate the Agreement ore Excuse the Cient from performingit Certainlimitations its obligations oR toWSPir Pinatimelyn manner. WSP does nota assumer Responsibility responsibilityh sequence or procedures. or for safety for construction andp means, methods, techniques,  precautions programsi in connection Januaryl. 2018  1141)    carryo outt they workii inaccordancey witht thec contractr requirements orf fors stopping the work in the event of such failure. WSPs review oft the contractors' performancei isnotii intendedtoincluder review ofthea adequaryo ofs safety measures, in.onorn neart thec constructions site. WSPisr responsiblef ford designo onlya andisn not liable foru unsatisfactory performance ofther mechanical ande electrical systems resulingfr fromo code constraints, improperii installation,o operationa andn maintenance. Inasmucha ast theremodeinga and/orr rehabiitationo ofthee existings structurerequires that certain assumptions ber made by WSP regarding existing conditions, and because some oft these assumptions may not be verifiable without the Client's expending substantial sums of money or destroying otherwise adequate or serviceable portions of the structure, the Client agrees, to the fullest extent permitted by law. toir indemnify and hold harmless WSP. its oficers. directors. employeesa ands sub-consultants (collectiveh, WSP) againsta alld Idamages.I liabitiesor costs, includingn reasonable attorneys' fees ando defense costs, arising outo oforin anyw wayo connected witht this Project excepting onlyt those damages. liabities or costsa attributablet tot thes solen negigencea andw willulmisconductby" WSP. The Client shall furnish. at the Cient's expense, alli information. requirements. reports. data, surveys andi instructions required! byt thisA Agreement WSPr mayu use such information. requirements, reports, data, surveys and instructions in performingit its services andise entitledton relyi upont thea accuracya andcompleteness thereof. WSPs shalln notb bel heldr responsiblef fora any errors or omissions thatn may arise as ar result ofe erroneous ori incomplete information providedb by the Client Alln reports. drawings. specifications. computer fles. field data, notes and other documents andi instruments prepared by WSP as instruments ofs service shall remaint thep propertyofWSP. WSPs shallretaina allo common! law. statutoryandather reserved rights. including. without limitation, the copyrightst thereto, whethert the projectf forv whicht theya arei intendedis SE executedo or not. Theyarenottobeu usedby anyone on other projects except byv written agreement withy WSP. The drawings maybed depositedintheD Client's filew witht theo otherd drawingsfi fort theproject. 13. Inconsistent Provisions: Changesi inthel TermsH Hereof (a)Notwithstandinga anyir inconsistentp provisionsir inanyA Agreement Gincludinga anyA AIA form contracto org generalconditions annexedt thereto)b between! WSPa andt thel Client, thep provisionsh hereofs shallbec controling: provided, however, thatt thefi finaly written proposal. ifany, as submited by WSP tot the Client or any handwritten or typewrittenir inserts orr riders made or approvedb byl WSPte tothep printedo contractf for General Conditions. if any. annexed to such proposal shall supersede any (b)Execution oftheA Agreementb byti thel Cients shallbed deemeda an acceptanced ofeach ande Everyt term oftheA Agrementa ando oftheses StandardT Terms andD Conditions. AIl provisions ofthe Agreement andt these Standardi Terms andC Conditions.i inthef form and with the contents as submitted by WSP tot the Client. shall be binding contractual obligations ofthe Clent andm mayb ber modified, changedo or waivedo only witht thes specific writteno consent ofW WSP. Inthee eventt thatt the Client without the written consento ofWSP. modifieso ord deletes anyp provision (orp partofa anyp provision) ofthe Agreemento or theses Standardi Terms and Conditions, suchp provision (orp part thereof)i inthef forma andw witht thec contents ass submittedbyl WSPt tot the Clients shall monethelesst bed deemedt toc constitutea termo oft thec contractb between WSPa andthe Inrecognitiono ofthen relativer risks andbenefits oftheP Projectt tobotht theD Clienta and WSP.t ther risksh haveb beena allocateds sucht thatt theD Clienta agrees. tot thef fulleste extent permittedbylaw.f tolimitt thel liabilityo ofWSPa andW WSP'st officers., directors. partners. employees. shareholders. owners ands sub-c -consultantsf fora anya andall claims. losses. costs, damages ofanyn naturev whatsoevero ord claims expensesf from anyo causeo orc causes, includinga attorneys' feesa ando costs ande expert-witnessi fees andcosts, sothatt thet totalaggregatel iabityafw WSPa andw WSP'so officers, directors, partners, employees. sharehollers. owners ands sub- consultants shallb beli limitedto thea amounto ofourf feeort thel imitso ofprofessionalli liabilityi insurancep providedinthe insurancec certificate, whicheveris less. ltisin intendedt thatt thisl limitationa applyt to anyandalliabilityor causeo ofactionh however allegedora arising. unless otherwise prohibitedbylaw. Notwithstandinga anyo otherp provisiono ofthisA Agreementa andto thef fulleste extentp permittedb byl lew, neithert the Clientn nor WSP,t theirn respective officers, directors. partners. employees, contractors ors sub-consultants shallbe  mapie tote otnero ors snair makea any ciam Tor any incioental, mureciur thisA consequentiald damages arisingo outo oford connectedi linanyv waytot the Projectorto notl limitedto, Agreement. Thisn mutualv waiver ofconsequentiald Idamagess shallinclude. butis losso ofuse. losso ofprofit! loss ofbusiness, bss ofincome. bssof reputationa anda any othero consequentiald damagest thate either partyn mayl have incurredfi froma anyc cause ofa actioni includingn negigence. strictli liabity. breachof contracta andb breacho ofstrictorimpliedw warranty. Botht the! Cienta andw WSPs shall requires similary waivers ofconsequentiald damagesp protectinga allthes entities or persons namedh hereini inallcontracts ands subcontracts witho othersi invokedinthis civilunrest. services areii intendedto top prevent ors survive acts ofterrorism, war,or or monies thatr may be due. without thep prior written consent ofthe other party. Subcontractingt tos sub-consultants. normally contemplated by) WSP asa generally thisA acceptedbusiness Agreement. practice. shalln notbec considered ana assignmentf forp purposeso of proportiont tot thep progress ofoury work Ina forp professionalsenvices: ande expensesi in toit. WSP reservest the rightt toc chargei interest additiont toa anyo otherr remedies avalable percentp pern month (18%p pera annum)o ort then maximumr ratea albwedbylaw. whicheveri is less, oftheo outstandingb balance. Inthe event WSPfi files suitt tos enforce fees. overduep payments. Client wilreimburse allcourto tcosts andreasonable attorneys' Ifincludedir in WSP's Scope ofServices, Project Representations Services providef further protectionf fort the Clienta shalln meant thatW WSPs shallendeavorto thef furnishingo ofs sucho controlledi against defectsi ins structuralwork but services shall notn makel WSPr inspection orf full-timep project representation techniques, have controlor sequences orp procedures, ora auctions andp programs. WSP shallnot ofthe Contractor, charge ofa ands shallr notben responsiblefi fort thea acts oro omissions work orfort thef failure Subcontractors ofany oft or anyo other persons performing any ofthe determiningt the accuracya andc completeness ofd detailss sucha as dimensions and quantities equipment orf fors substantiatingi instructionsf forin installation orp performanceof ors systems designedbyti the[ Contractor, allofwhichn remain the responsibilityofthel Documents. WSP's review Contractort shallr tothee extentr requiredbyt the Contract ofconstruction means, methods, noto constitute approvalofs safetyp precautions or whicht thei itemi isar lofas specifici items shallr noti indicatea approvalofana assemblyof characteristic component. Whenp professionald Icertification ofperformance Documents. WSPs ofmaterials, entitledt systems ore equipmenti isr requiredbyt the Contract thatt ther materials. shallbee systems or tor relyu upons sucho certificationt toestablish andv void, itisagreedt that Conditions, ther orp portionst thereof, shallbe adjudgedm null thereof, shallr remaini intacta remaining Standard Conditions. orportions Statew wheret thep shallbeg islocated. governedbya and construedina accordancey witht the  10. Verificationo afExistingl Conditions  15. project. Terrorist Acts (ing Inadditiont tor othero general) commercialr professional 16. Assignment Neither partytot this Agreements shallt undero ori interestir inthis 17. Interesto on Past! Duel lnvoices WSPsp policyr requires monthly payments  risks, WSPr makesr noclaims thatit its designorather transfer, subleto assigna anyr rights or duties Agreementi includingb butn not limitedt tor monies thata aredue  ora  11. HrmtimPontialyDaers  and/ortheC Clientso consultants andcontractors. 12. Ownershipa andWarkP Product  atther rated ofone-and-one-half (1.5)  18. Controlledinspectione or Full-T Time  responsiblef ford constructionr means. methods. themt tocarry outt thew workinaccordancer with conductedf fort thep purpose of  theD Contract 19. Review ofs shope Documents. lfincludediny WSP's drawings Scope submittals ofServices, isnoto  inconsistentp provisions hereof.  WSP's approvalo  techniques. or sequences ofprocedures. equipmenty willmeett thep performancer criteria  Client. 14. Limitationo ofliability  requiredb bythe Contract Documents. 20. Standard Ifanyo ofWSP's Conditionl Standard Terms Survival 21. State Law Thist agreement Governing  Agreement andbeg givenf fullforcea ande effect  projecti  1141)  Januaryl. 2018    Change Order  No.05  Date ofl Issuance: December 28, 2022 Project: Horton Park Pool Improvements- Bathhousel Reno Contract:1 Contractor: JM' Thompson Company Description:  Effectivel Date: December 28, 2022  Owner: Lee County  Owner's Contract No.: 2114-8123 Horton Park Sanitation Facility Date of Contract: June 06, 2022 Engineer's Project No.: 21.01705  The Contract Documents are modified as follows upon execution of this Change Order: Project costi increase due to masonry work alongt the walls oft thec existing building. The work associated with proposal. Shouldt ther mason determinet that thee existing! brick sectionl located between thet two northern repaired, rathert than rebuilt, this will resulti int the CO cost decreasing by $1,100.00. Attachments (list documents supporting change): Change Order Summary with all back-upd documentation CHANGE IN CONTRACT PRICE:  rectifyt thei issues included within RFIN No's. Seven (7)a and Eight (8). This change order work willl bec defined asad Change costi Order No. 5will  entrances nott toe exceed can! be  doorway  CHANGE: IN CONTRACT TIMES:  Original Contract Price:  Original Contract Times: Working days B Calendar days Substantial completion (days or date): 100(0ct.04.2022) Ready for final payment (days or date): 110(Oct.14.2022) [Increase] [Deerease] fromj previously approved Change Orders  737,115.90  [Increase] [Deerease] fromj previously approved Change Orders No.] lto No. 4: Contract Price prior tot this Change Order: [Increase] [Deerease] ofthis Change Order: Contract Pricei incorporating this Change  No. ItoN No. 2:  Substantial completion (days):. Ready fori final payment (days): Contract Times priort tot this Change Order: Substantial completion (days):. Ready for final payment (days): [Inerease] [Deerease] oft this Change Order: Substantial completion (days or date): Ready for final payment (days or date): Contract Times with all approved Change Orders: Substantial completion (days ore date): 309 (May01.2023) Ready for final payment (days ore date): 319 (May11,2023)  89 89 189 199 0 0  100.513.11 837.629.01 9.816.40 847.445.41  Order: RECOMMENDED: By: Date:  ACCEPTED: By: Date:  Engineer (Authorized: Signature) 12/28/2022  Cowner alla (Authorized Signature) Date:_ L12-3027 This instrument has been preaudited int the Budgeta and Fiscal ContractAct. Caadac or  Contractor (Authorized: Signature)  Approved by Funding Agency (ifappleabigo required by the Local Govemment Date:  Preparedbyt thel Engineers.) Joint Contract Docilanee ISPLANLPRCOuDIyAe Constructions Specifications Institute.  Pagelofi    JM7/MTHOPSON Genera/Contracto J.M. Thompson POBox3 33066 Raleigh, North Carolina2 27636 Phone: (919) 851-611 Fax: (919)8 859-9583  PCCO #005 Sanford, 27330 Phone: 919-718-4605  Project: 21-1072- Horton ParkE Bath! House 1515 Washington Ave, Sanford, NC2 27330  Prime Contract Change Order #005: CE #005 #7: Pool Side Exterior Double Brick Walls Between Door Openings 2 &3. Point up of interior  and exterior masonry walls.  TO: DATE CREATED: DUED DATE: INVOICEDD DATE: SCHEDULEIMPACT REVISED SUBSTANTIAL COMPLETION DATE: CONTRACTI FOR: DESCRIPTION: walls. ATTACHMENTS: COP2. wallr rebuild brick (002).pdf PCO#  Lee County Government 408 Summit Drive Sanford, 27330 12/28/2022 01/06/2023  FROM: CREATEDE BY: REVISION: REVIEWEDE BY: REVIEW DATE: PAIDI DATE: EXECUTED: SIGNED CHANGE ORDER RECEIVED DATE: TOTAL AMOUNT:  J.M.1 Thompson POE Box 33066 Raleigh, North Carolina 27636 Travis Thompson (J.M. Thompson) 0 No $9,816.40  CONTRACTSTATUS: Pending- InR Review DESIGNATED REVIEWER: Mike Patton (Mcgill Associates)  1:Horton ParkE Bath House  CE# #005- #7: Pool Side Exterior Brick Between Storefront Openings. Point ofi  Rebuilding! North exterior double brickv walls between openings: 2&3because upo interiorlexterior masonryy walls.  ofe existingi instability ofwalls. Pointu up ofinterior ande exterior masonry  POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: 005 CE #005- #7: Pool SideE Exterior Double Brick Walls Between! Door Openings2 2&3. Pointu upo ofir interiora ande exterior masonry walls.  Title  Schedule Impact  Amount  $9,816.40 $9,816.40 masonry walls. Amount $9,348.95 $9,348.95 $0.00 $467.45 $9,816.40  Total:  CHANGE ORDERI LINEI ITEMS:  PCO#005: CE# #005. -#7: Pool Side Exterior Double Brick Walls Between Door Openings 283. Point up ofi interior ande exterior  Budget Code  Description  04-050.SUB Lump SumN Masonry  Repair/Rebuild exteriord double brick walls between door openings 2& 3.F Point upi interior & exterior masonry walls.  Overhead (10.00%A Appliest toE BURDEN, MATERIAL, EQUIPMENT OWNED, Misc Material, EQUIPMENT RENTED, Subtotal: OTHER,  LABOR, OVERHEAD, andl LABOR OVERTIME.): SUBI WORK (5.00%/ Applies tos SUBCONTRACT):  Grand Total:  J.M. Thompson  Page1 1of2  Printed On: 12/28/2022 04:59PM    JMTHOMPSON  MTI Gonoral Thec original (Contract Sum). Neto changet byp previously authorized Change Orders Thec contract sump priort tot this Change Orderv was Thec contract sumv wouldt bec changedb by this Change Orderi int thea amounto of Ther newo contract sumi includingt this Change Order willb be The contractt timev willr notb bec changedb byt this Change Order.  PCCO #005  $737,115.90 $100,513.11 $837,629.01 $9,816.40 $847,445.41  Chris Moore (Mcgill Associates) 54001 Trinity Roads Suite 107 Raleigh, North Carolina 27607 SIGNATURE J.M. Thompson  Lee County Government 408 Summit Drive Sanford, 27330  J.M. Thompson POE Box 33066 Raleigh, North Carolina 27636 SIGNATURE  DATE  DATE  4 LR3  Page2of2  Printed On: 12/28/2022 04:59PM        JMTI JMTHOMPSON Generaic J.M. Thompson POBox 33066 Raleigh, North Carolina: 27636 Phone: (919)851-611 Fax: (919)8 859-9583  PCCO #005 Sanford, 27330 Phone: 919-718-4605  Project: 21-1072- -Horton Park Bath! House 1515 Washington Ave, Sanford, NC2 27330  Prime Contract Change Order #005: CE #005 - #7: Pool Side Exterior Double Brick Walls Between Door Openings 2&3. Point up of interior  and exterior masonry walls.  TO: DATE CREATED: DUE DATE: INVOICEDD DATE: SCHEDULEI IMPACT: REVISED SUBSTANTIAL COMPLETION DATE: CONTRACTFOR: DESCRIPTION: walls. ATTACHMENTS: COP2- -walln rebuild brick (002).pdf PCO#  Lee County Government 408 Summit Drive Sanford, 27330 12/28/2022 01/06/2023  FROM: CREATED! BY: REVISION: REVIEWEDBY: REVIEW DATE: PAIDDATE: EXECUTED: SIGNED CHANGE ORDER RECEMVED DATE: TOTALA AMOUNT:  J.M. Thompson POE Box 33066 Raleigh, North Carolina 27636 Travis Thompson (J.M. Thompson) 0 No $9,816.40  CONTRACTSTATUS: Pending- -InF Review DESIGNATED! REVIEWER: Mike Patton (Mcgill Associates)  1:Horton Park Bath! House  CE#005- #7: Pool Side Exterior Brick Between Storefront Openings. Pointu up ofi interiorlexterior masonry walls.  Rebuilding! Northe exterior double brick walls between openings 2&3b because ofexistingi instability of walls. Pointu up ofi interior ande exterior masonry  POTENTIAL CHANGE ORDERS IN1 THIS CHANGE ORDER: 005 CE# #005. -#7: Pool SideE Exterior Double Brick Walls Between Door Openings 2&3.F Pointu upo ofir interior ande exteriorr masonry walls.  Title  Schedule Impact  Amount  $9,816.40 $9,816.40 Amount $9,348.95 $9,348.95 $0.00 $467.45 $9,816,40  Total:  CHANGE ORDERI LINEI IEMS:  PCO#005: CE# #005. -#7: Pool Side Exterior Double Brick Walls Between Door Openings 2&3. Point upc ofi interior and exterior masonry walls.  Budget Code  Description  04-050.SUB Lump Sum! Masonry  Repair/Rebuild exterior double brick walls between door openings2 2& 3. Point upi interior & exterior masonry walls.  Subtotal: Grand Total:  Overhead (10.00% Appliesi to BURDEN, MATERIAL, EQUIPMENT OWNED, Miscl Material, EQUIPMENTI RENTED, OTHER,  LABOR, OVERHEAD, and LABOR OVERTIME.): SUB WORK (5.00% Appliest to SUBCONTRACT):  J.M. Thompson  Page1 1of2  Printed On: 12/28/2022 10:37AM    JMT JM.THOMPSON Thec original (Contract Sum) Neto change byp previously authorized Change Orders The contracts sump priort tot this Change Order was Thec contracts sumv would be changed byt this Change Orderi int thea amounto tof Then newo contracts sumi includingt this Change Order willbe The contractt timev willn notb be changed! byt this Change Order.  PCCO #005  $737,115.90 $100,513.11 $837,629.01 $9,816.40 $847,445.41  Chris Moore (McgillA Associates) 54001 Trinity Road Suite 107 Raleigh, North Carolina 27607 SIGNATURE J.M. Thompson  Lee County Government 408 Summit Drive Sanford, 27330  J.M. Thompson POE Box3 33066 Raleigh, North Carolina: 27636 SIGNATURE  DATE/  DATE  4R A  Page2of2  Printed On: 12/28/2022 10:37AM    CHANGE PROPOSAL FORM  Project: Horton ParkBath House  Proposal! #: Project#: Contractor #: JM1 Thompson  2  Contract: Contractor: Description of change:  Manning Masonry  Demo and rebuild double brick wall per the plans on wall facing the pool entry. Point up alli interior  and exterior cracks per the rfi response.  Materials (Attach! listy with Qty, Item, Unit $, Unitr mh, Totalr mh, OT mh, Total$)  SUBTOTALS  1Total Direct Cost of Materials 2 Overhead &F Profit on! Item 1. (15% maximum) 35 Sales Tax 45 Shipping &1 Transportation 5TotalN Manhours: 6Overhead8 &F Profit on! Item 5. (15% maximum ons straightl labor cost) 7Payroll Taxes & Insurance 8E EquipmentScalfiokingn mixer,saw) 9 Overhead & Profit on! Item 8. (20% maximum) 90 Other Costs 10 Overhead & Profit on! Item 9 (10% maximum) 11 Subcontractors 12 Overhead & Profit on! Item 10. (10% maximum) 13E Bonds (% ofs subtotal ofp proposal)  $1,058.52 $158.78 $71.45 $0.00 $4,280.00 $642.00 $1,669.20 $995.00 $199.00 $0.00 $0.00 $250.00 $25.00 Subtotal ofP Proposal  $1,288.75  Labor  104.00 MHG @ 39.0%  /hr.  $6,591.20 $1,194.00 $0.00 $275.00 $9,348.95 $0.00 $9,348.95  Equipment Other  Subcontractors (Include quotes with material &€ equipment backup)  0.00%  TOTAL OF CHANGE PROPOSAL  The Contractor agrees top perform they work outlined int this change proposal fort the amount specified above andi in accordance  witht the Contract documents ifthev worki is authorized byt the Owner.  Contractor's Signature:. Timl Manning  Date:  12/27/2022    J.M. Thompson POE Box 33066 Raleigh, North Carolina 27636 P:(919)851-611 F:(919)859-9583  Project: 21-1072 Horton Park Bath House 1515 Washington Ave, Sanford, NC27330  JMTIMTHOWPSON General  Sanford, 27330 P:919-718-4605  RFI#7: Pool Side Exterior Brick Between Storefront Openings  Status To Datel Initiated Location Costl Impact Spec Section Drawing' Number A102 Linked Drawings ReceivedF From Copies To Activity Question  Open Mike Patton (Mcgill Associates) Dec5,2022 Yes (Unknown)  From Due Date Project Stage Schedulel Impact TBD Cost Code Reference  Travis Thompson (J.M. Thompson) POBox 33066 Raleigh, North Carolina 27636 Dec7,2022 Course ofConstruction  Santiago Giraldo (Lee County Govemment), Joseph Keel( (Lee County Govemment), Chris Moore (Mcgill Associates)  Questionf from Travis Thompson. J.M. Thompson on Monday, Dec5, 2022a at 10:09A AME EST  While preppingt thee exterior brick walls betweenfi futures storefronto dooro openings2 28 &3thee existing solid brick walls haves shifted ando cracked. Pleases seea attachedp pictures. Web believet thisi is duet tot thee existing unstable condition ofthew walls. Additional brickv work ands shoringy willn needt tot bec donet totrya andf fixt thesev walls ifpossible or replacement wallsn mayr needt to bel Installed. Then masonv would liket tos startv while theya are currently mobilized and run outo ofv work whichv will most likelybe Wednesday 1277. Please confirmy we can proceed witht tryingt tof fixt thesev walls onal T&M( (Time and Material) basis witht ther masonry RFI#7- Pool SideE Exterior Brick Between Storefront Openings. pdf, Brick4. jpg. Brick3.ji jpg, Brick2. Jpg, Bricki.jpg  subcontractor. Attachments Awaitinge an Official Response  AIIR Replies  Responsef from! Mike Patton Mcgill Associates on Friday, Dec9, 2022 at08:55AMEST #7willo comen nextv weeka ando coincide witht the answerf forF RFI#S (due on1 12/16/22)..  Ast this RFlis closelyr relatedt to RFI #8, thea architectis activelyv workingo ont both. Thee expectations aret thata ans answer for RFI  ArchiteclEngineersl Response  These cracksa appeart tob be duet tot ther manner inv whicht thei interior brick wingy walls were removed. The architect's details indicatet thatt theb brick openings weret tor remaina asis andt thea aluminum storefront was tofittot thee existing opening. Pleaser reference Details 3/A106. Also pleaser notet thea attached constructiong photos showing brick wasr removedi ine excess! beyondt the original opening. The attached photop priort toc constructions showst the original condition ofthe doorways. Inthe pre-c construction photo thec crackingisn notp present. Therefore, thec currento condition/crackingi isar result ofther manneri inv which  then masonry wasr removeda andisn nott the Owner's responsibility.  J.M. Thompson  Page1 1of1  Printed On: Dec 15,2 2022 03:30PMEST    RFI #7 - Pool Side Exterior Brick Between Storefront Openings  Exterior brick shifting and cracking when prepping for new storefront opening  PEN TIAEM  TEMPERED. CLEAR GLASS  ALUMINUM WINDOWS w/!" INBULATED GLASS WHITE FINISH  WINDO  ONS  HIGH 13 4106 ")  RAMP DOWN  SEE CABEWORK DETAILS SHEET AIO5  FROM- Mu NECEBGARY  TYP. 430V  POOL SUPPLY ROOM            J.M. Thompson POE Box3 33066 Raleigh, North Carolina 27636 P:(919)8 851-611 F:(919)859-9583  Project: 21-1072 Horton Park Bath House 15151 Washington Ave, Sanford, NC27330  JMTIMTHOUPSON Generarc  Sanford, 27330 P:919-718-4605  RFI #8: Additional Cracking of Exterior Load Bearing Masonry Walls & General  Point Up From Due Date Projects Stage Schedule Impact TBD Cost Code Reference  Status To Datel Initiated Location Costl Impact Spec Section Drawing! Number Linked Drawings RecelvedFrom Copies To Activity Question  Open Mike Patton (McgillA Associates) Dec7,2022 TBD  Travis Thompson (J.M. Thompson) PO_Box 33066 Raleigh, North Carolina 27636 Dec1 16,2 2022  Chris Davis (J.M. Thompson), Chris Moore (McgillA Associates)  Question from Travis Thompson. J.M.1 Thompson on Wednesday, Dec7, 2022 at 11:35A AMEST After discussionr revolving aroundt the cracksi int thec double brickv wallsb between dooro openings 283linspectedt thei interior ande exterior oftheb buildingi ins searcho ofadditional cracking. Ifounda ana additional5 5 locations; (2)inthe Weste exterior CMU wall, (2)inthe Easte exterior CMUwall, and( (1)int thes Southe exterior bricky wall. The cracks int the CMUV wallsd dor nota appeart to daylightt throught theb brick veneert tot theo outside, butthe cracki in South brick wallo does daylighti ins several places. Ihave highlightedt these areasir ina ana attacheds sketcha anda alsop provided pictures ofthe cracking. Please advisei ifany repair or replacementy workr needs totakep place att thesec or other locations. Additionallyt there aren many placesi int thee existing bricky wallst the! have missing or crackedr mortar or holesf frome existing! hardwaret thatw wasn removed. Pleasea advisei ifa CMU& photo18.j jpg. photo17.j jpg, photo16. jpg. photo15.j jpg. photo14.jpg, photo13.jpg, photo12.jpg, photo11. jpg. photo10.jpg, photo9. jpg. photo8.j jpg. photo7. jpg. photo6.j jpg. photo5.j jpg. photo4. jpg, photo3.j Jjpg. photo2.j jpg, photo1. jpg, RFI#8 Additional  point upisd desiredo ont thei interior ore exterior walls.  general  Attachments  Crackingo ofExterior LoadE BearingN Masonry Walls & General Point Up.pdf  Awaitinga an Official Response  AIIReplies  Responset from Mike Patton McgillA Assoclates on Wednesday, Dec7, 20228 at 12:17PMEST Adued date of1 12/10/20221 forar responsef fromt the Architectis is unreasonable. Please reviset thed  to1 duec datet 12/16/2022in  order to allowe enought timef forth theA Architectt to answer RFI. byth thei insulationa andg gypsum! board ont thei interiorf face oftheb building.  Archtecl/Engineersl Response  The CMUC cracks shoulda att then most bec caulked ont thei interiora andk left alone. Forti ther mostp partt thesei interiord cracks willb bec covered Ink locationsv where water would penetratet thev wes suggest thath heada andb bedr mortar) joints wheret these cracks arel located! be sawed outa andp properlyt tuckp pointedt tos sealu up the cracks. Int these areasi itwilln most likely be necessaryt bricka and CMUj jointo cracks. Cares should bet takent toc color then newn mortart toc closely match thee existingr mortar todot sawed thisv witht out. both the  J.M. Thompson  Page 1of1  Printed On: Dec 15,2 2022 03:30PMEST    RFI #8 - Additional Cracking of Exterior Load Bearing Masonry Walls  Location of cracking  oMEME   a a    Materials Qty Unit Description 1000 Ea. brick 12Ea. color mortar 3Bag Sand  Unit Price Subtotal 0.47 19.46 55 190  Tax Mat'.Total 31.73 15.76 11.14 12.83 0 71.45 1,129.97  470.00 233.52 165.00 190.00 0 1,058.52  501.73 249.28 176.14 202.83 0  1LUMP Masonry Acc.  Labor Qty Unit 20.00 Hr 0.00 Hr 20Hr 20Hr 4Hr  Description  Total Hrs. Unit Price Labor Total 40.00 28.00 0.00 32.00 40.00 40.00 20.00 60.00 4.00 90.00 104.00  Laborer Operator Mason Foreman PM  2 0 2.00 1.00 1  1120.00 0.00 1600.00 1200.00 360.00 4280.00  Subcontractors Qty  Unit 1.00LUMP Cleaner  Description  Total Unit Price Labor Total 2.00 125.00 0.00 0.00 2.00  2  250.00 0 0 250.00 Total 90.00 250.00 90.00 220.00 120.00 100.00 0.00 125.00 0.00 0.00 995.00  Equipment Saw Saw Blade Hammer Drill Lull Mixer Fuel Manlift Scaffold Grout Pump  Unit Price 45 250 45 110 60 50 250 125 80  2    PROCLAMATION HONORINGI RETIRING EMPLOYEEJOYCE MCGEHEE WHEREAS, Joycel McGehee has workedi in local government for more than 19 years; and WHEREAS, afters starting her local government career with Moore County as Human Director for three years, Mrs. McGehee joined the Lee County Human Resources team as Resources director WHEREAS, Mrs. McGehee and the Human Resources department have been instrumental number of projects, including the STARS Rewards & Recognition employee evaluations, Wellness Clinic, wellness program, new employee orientation program, employee newsletter, Employee Appreciation Day and other employee activities, process, criminal employee background checks for employees and volunteers, Health Savings Account (HSA) history insurance plan, as well as writing the Lee County Safety policies; and WHEREAS, Joyce McGehee's genuine care and dedication tol Lee County Government prevalent throughout her years of service providing meaningful ands significant impact to has the been lives WHEREAS, it is the desire of the Lee County Board of Commissioners to achievements ofl Mrs. McGehee and to express appreciation to her for her dedicated congratulate service and the NOW, THEREFORE, BEI ITI PROCLAIMED by the Lee County Board of Commissioners iti recognizes and honors the more than 16 years Joyce McGehee has invested in mission and purpose of the Lee County Government and it wishes for Mrs. McGehee furthering continued the  ANDI HER YEARS OF ERVICETOLFECOUNTY  in2 2006; and  in a County  ofCounty employees during her tenure; and many contributions tol Lee County; and  that  success in alll her future endeavors. Presented this gth day of. January, 2023.  Kirkb. Smith, Chair Bmsiat Lee County Board ofCommissioners COUNT  ATTEST:  tuilinn Hall Hailey Hall, Clerk tot he Board    RESOLUTION, AUTHORIZING AN ECONOMIC: DEVELOPMENT PROJECTFOR CENTRALCAROLINA ENTERPRISE PARK, LLC AND APPROVINGA MEMORANDUMA IOFUNDERSTANDING, AUTHORIZING. AJ LEASE WHEREAS, North Carolina General Statute 158-7.1 authorizes a county to undertake an economic development project to enticel business and industry tol locate within the county; and, WHEREAS, notice ofaj publicl hearing was published in the Sanford Herald that the Lee Board of Commissioners and the Sanford City Council propose toj participate in an economic County development project through al lease ofai newly constructed spec building from CCI Park LLC, al North Carolina Limited Liability Company located in Sanford, Lee County, Enterprise WHEREAS, thej project represents ani investment by CCI Enterprise Park, LLCint the construction ofal 117,133 +/- square foot building worth approximately $10,200,000 million WHEREAS, by entering into the Memorandum of Understanding, Lee County and the Sanford commit to undertaking the lease ofs saids spec building after construction, for up City to of twenty-four months, at ai monthly rental rate not to exceed $56,793.75 per month for the first twelve months for a total of $681,165.00, split evenly between the City and the County, and rent not to exceed $65,582.34 per month, fori months thirteen through twenty-four for a total with of $786,988.00, split evenly between the City and the County, up tot twenty-four months after the Shell Certification Date. In the event the building lease ist terminated early due to the execution ofas sale orl lease agreement with an End User, the City'sa and County's obligation toj rent under the building leases shall cease and any rent prepaid shall be1 reimbursed to the City pay and WHEREAS, Lee County willi not execute the Memorandum ofl Understanding until all responsibilities toj pay any lease payments under thel Memorandum of Understanding for Shell Building 31 have terminated and expired, to ensure the County is not obligated for rent WHEREAS, Lee County Growth VI, LLC, the owner; Samet Properties, LLC, the building; Sanford-Lee County Partnership for Prosperity d/b/a Sanford Area Growth Alliance, the and promoter; commit to undertaking the activities described int the Memorandum of Understanding to construct, build, and finance a 117,133 +/- square foot spec building and to market, conduct site visits, and] hold events to entice new businesses and industries to come to Sanford/Lee NOW, THEREFORE, BEI ITI RESOLVED, by thel Lee County Board of Commissioners: the Commissioners finds that the project willi increase the tax base, stimulate the local ecoromy, that  and,  NC; (ten  twol hundred thousand dollars) in Sanford, Lee County, NC; and,  County; and,  fort two shell buildings; and,  payments  County andi relocate or expand in) Lee County.    create jobs, encourage business andi industry to located in the County, and willj promote business BEITFURTHER: RESOLVED by the Lee County Board of Commissioners that itl approves the attached Memorandum ofUnderstanding and authorizes the lease oft the hereby building for up to 241 months and authorizes the Chair and County Manager the  industry int the City; and,  spec authority to  execute all documents on the County's behalf. Adopted this the gth day of. January, 2023.  o/Commissioners  Kik-D.Smith Attest:  ERLLL  Pr.Andre pnecht  faiky-n  Hailey Hall, Clefkt tot thel Board of Commissioners  OUN?  MORTRACRCIMALECOUNTY Pesentadkrmgraiment this_ "day dMarch 20,83 945AMPM recordedi inB Bok_34 Page.93la Pamela G. Bit, RegisterdDeeds