the erwin board of commissioners may 2018 …may 03, 2018 · architects, engineers, contractors,...

THE ERWIN BOARD OF COMMISSIONERS MAY 2018 REGULAR MEETING

THURSDAY, MAY 3, 2018 @ 7:00 P.M. ERWIN MUNICIPAL BUILDING BOARD ROOM

AGENDA

1. MEETING CALLED TO ORDERA. INVOCATIONB. PLEDGE OF ALLEGIANCE

2. AGENDA ADJUSTMENTS /APPROVAL OF AGENDA

3. CONSENT (Page 2)All items on Consent Agendas are considered routine, to be enacted on one motion without discussion. Ifa Board member or citizen request discussion of an item, the item will be removed from the consentAgenda and considered under New Business.

A. Minutes from Regular Meeting on April 5, 2018 (Page 2)B. Financial Report for March 2018 (Page 8)C. Proclamation of National Day of Prayer May 2018 (0)D. J.D. Byrd Trailer Agreement (Page 11)E. D.R. Thomas Contract Agreement (Page 13)

4. RECOGNITION OF CITIZEN OF THE MONTH FOR MAY (Page 19)

5. OLD BUSINESSA. East Erwin Drainage Project Update (Page 20)B. Erwin Depot (Page 22)

6. NEW BUSINESSA. Procurement Policy (Page 23)B. House Demolition (Page 35)

7. MANAGER’S REPORT

8. ATTORNEY’S REPORT

9. PUBLIC COMMENTEach speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 15minutes or less. Citizens should sign up prior to the start of the meeting. Please provide the clerk withcopies of any handouts you have for the Board. Although the Board is interested in hearing yourconcerns, speakers should not expect Board action or deliberation on subject matter brought up duringthe Public Comment segment. Thank you for your consideration of the Town Board, staff and otherspeakers. §160A-81.1

10. GOVERNING BODY COMMENTS

11. CLOSED SESSIONA. Pursuant to General Statute 143-318.11(a) (6) for the Purpose of Discussing Personnel

12. ADJOURNMENT

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E R W I N B O A R D O F C O M M I S S I O N E R SR E G U L A R M I N U T E S

A P R I L 5 , 2 0 1 8 E R W I N , N O R T H C A R O L I N A

The Board of Commissioners for the Town of Erwin with Mayor Patsy Carson presiding, held its Regular Meeting in the Town Hall on Thursday, April 5, 2018 at 7:00 P. M. in Erwin, North Carolina.

Board Members present were: Commissioners William Turnage, Randy Baker, Ricky Blackmon, Alvester McKoy, and Thurman Whitman.

Board Members absent were: Commissioner Frankie Ballard.

Town Manager Snow Bowden and Town Clerk Cynthia Patterson were present.

Town Attorney Tim Morris was present.

Mayor Patsy Carson called the meeting to order at 7:00 P. M.

Commissioner McKoy gave the invocation.

Those present recited the Pledge of Allegiance.

APPROVAL OF AGENDA

Commissioner Turnage made a motion to add a Closed Session to pursue G.S. 143-318.11(a) (6) to discuss Personnel and was seconded by Commissioner Whitman. The Board voted unanimously.

CONSENT ITEMS

Commissioner Turnage made a motion to approve (Item A) Approval of Regular Minutes of 03/01/18, (Item B) Approval of Retreat Meeting of 03/15/18, (Item C) Financial Report Summary for February 2018 and (Item D) Mowing Contract for 2018 and was seconded by Commissioner McKoy. The Board voted unanimously.

A copy of the Financial Report Summary for February 2018 and Mowing Contract for 2018 is incorporated into these minutes as Attachment #1

PUBLIC HEARING

CONDITIONAL USE PERMIT - CU-2018-02 TO BUILDING SIX TOWNHOMES AT 202 NORTH 6TH STREET, ERWIN, NC (HC PIN# 1507-04-6727.000)

Town Manager Snow Bowden informed the board that the applicant Mr. John Peregoy request to build six townhomes at 202 North 6th Street to be withdrawn his application without prejudice.

Commissioner Baker made a motion to accept the applicant’s request for withdrawal without prejudice of application CU-2018-02 and was seconded by Commissioner Whitman. The Board voted unanimously.

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MINUTES CONTINUED FROM APRIL 5, 2018

NEW BUSINESS

NC GROWTH PRESENTATION

Mr. Bowden informed the board that back in late November 2017 the Town of Erwin hosted a workshop with NC Growth and CPNI. We had some key stakeholder in the community to attend these workshop sessions, and there were some great points and ideas brought up during this workshop.

Jim Schenck, Martine Aurelien and Carolyn Fryberger came forward and spoke to the board.

Mr. Schenck stated that CPNI is a statewide group of construction industry business and professional people. It’s a multidiscipline area group, its members include city planners, architects, engineers, contractors, some lawyers, insurance agents and lenders. Several years ago our group began offering free workshops to small towns in the state just as a public service. We gather 6 or 7 volunteers and try and make it into a diverse group. We visit the town for a couple of days and discuss the town’s strategies primary for the use and reuse of underutilized or abandoned buildings or other built assets in the town. Almost every town in the state has some building, a school or factory that they would like to see put to better use. In recognizing that we have been to towns to be kind of provide a sounding board for the ideas the towns have to might reuse their buildings. We start by listening to towns and identify the building search to them. We will examine the feasibility of reusing buildings and talk to you about your Use Plans. There is a limit to what we can do with volunteers however we find it rewarding to use as a sounding board. Part of our missions to provide the public service, we always try to include a graduate student who has some interest in planning or construction and development to go with us to get some experience out in the field. We rely on people like NC Growth and Rural Center and various Council of Government to play match maker for us. We are not economic development people and don’t claim to know all the towns. They introduce us to towns that they think have projects that we would be interested in and you may be interested in us to talk about it.

After some discussion, Mr. Schenck informed the board that the next step would be to create a task force. The task force should be diverse in regards to age, career fields, areas of expertise, duration of residence, and representative of the residents of Erwin. Additionally, a designated town member should serve as a liaison between the town and the property owners of the mill for the purpose of cultivating a consistent partnership and mode of communication. Furthermore, leveraging the voice of community members is also critical for the task force and fostering hope and revitalization for the future of Erwin.

A copy of the CPNI Workshop Report is incorporated into these minutes as Attachment #2

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ERWIN CEMETERY

Town Engineer Bill Dreitzler came forward and spoke to the board. At the March 1, 2018 meeting, the board requested to provide an evaluation of the drainage conditions and the street pavement condition for the cemetery operated by the Lion’s Club. Within the cemetery, A Street, B Street and Cemetery Street are indicated on the Town’s Powell Bill Map and therefore considered the Town’s responsibility with regards to maintenance.

DRAINAGE EVALUATION:

Based on my field evaluation, I found 3 areas experiencing drainage issues. These locations include:

•Southwest corner of site along the private path.•Northwest side of site along the private path.•The existing culvert location under B Street at the 90-degree bend.

Southwest Corner: I observed a significant amount of standing water covering the path for approximately 100-feet. Please note that we had a rain event the day before my site visit. In addition to the flooding of the access path, a portion of the cemetery adjacent to the path in this area may be compromised with regards to future grave sites due to the flooding conditions. The flooding is caused by the condition of the southern shoulder for the path. The flooding location is in a natural low area that, it appears, used to drain into a swale on the south side of the path. However, the shoulder has built up over time and is acting as a gutter section with no outlet. My recommendation is to re-shape the shoulder section so that it drains away from the path and into the existing swale.

Northwest Site: I would categorize this location as ponding rather than flooding. Three distinct locations along the private path in this area were observed to have standing water across the path. However, the ponding did not appear to have any impact on the cemetery operations other than as a nuisance. No existing or potential grave sites were being compromised. The solution is the same as detailed for the southwest corner. I would recommend regrading the existing shoulder to allow drainage from the path to continue flowing to the west.

B Street Culvert: I did not observe the flooding problem at this location. However, based on my discussion with cemetery staff, it appears that the existing culvert pipe is damaged and/or blocked. As described, the cemetery within the area around the B Street bend floods during rain events. Erosion around the culvert and damage to the street pavement was observed. The existing reinforced concrete pipe extends from the B Street corner approximately 200 linear feet to an existing ditch section located on Town property immediately west of the cemetery. My recommendation is to attempt to jet clean the existing storm pipe in an effort to re-establish flow.

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The existing culvert pipe extends through the middle of an undeveloped section of the cemetery. One option to consider, should it be desirable to maximize the number of available grave sites in this area would be to re-route the existing storm pipe. I am not making a recommendation to re-route the pipe; however, I wanted to present an estimate of cost should that approach be considered. The relocation of the drainage system would be to the north and along the shoulder of the existing path. Generally, along a line that would be a continuation of B Street. Discharge would be the same location as the pipe currently discharges. The following is an estimate of cost:

Description Unit Unit Rate Cost

Mobilization 1 LS $ 750.00 Staking 1 LS 250.00 New Yard Inlet 1 1,800.00 EA 1,800.00 Junction Box 2 2,100.00 EA 2,200.00 18-inch RCP 260 28.00 / LF 7,280.00 18-inch FES 1 750.00 EA 750.00 Pavement Repair 1 LS 500.00 Relocation Budget Estimate: $ 13,530.00

STREET PAVEMENT CONDITION ASSESSMENT:

The cemetery streets include the following: •A Street (780 Linear Feet)•B Street (850 Linear Feet)•Cemetery Street (625 Linear Feet)•Private Path (1,500 Linear Feet)

The Town streets are generally 16-feet wide; however, some locations were measured to be 18-feet wide. For the purpose of this evaluation, the street width was considered to be 16-feet. The private path is generally 10-feet wide. I completed a Street Condition Data Sheet for each of the 4 locations identified above. The field reports are included as Attachment A of this memorandum.

Town Streets: The three town streets had block cracking consistently throughout (estimated as 90% of the roadway system). In addition, all three streets have some alligator cracking and a few significant potholes. Edge failure was identified along an approximately 75-foot section of Cemetery Street and approximately 200 linear feet along the north edge of B Street. A smaller section of edge failure was identified along A Street. The ride condition is considered poor.

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Evaluation of the 2013 Pavement Condition Survey rates the cemetery streets as “Fair” condition. Based on my evaluation, I would consider the current condition of the cemetery streets to be in the “Poor” to “Very Poor” category utilizing the same evaluation criteria as used for the 2013 Survey. I would recommend all three of the cemetery streets be considered a high priority when identifying streets to be considered for resurfacing during the 2018-2019 budget cycle. Based on an evaluation of resurface cost in Erwin over the last few years, I would offer the following budget opinion:

1. A Street (780 LF) $ 27,300.00 2. B Street (850 LF) 29,750.00 3. Cemetery Street (625 LF) 21,875.00 Budget Opinion: $ 78,925.00

Mr. Dreitzler stated that he has contacted Johnson Brothers who just did our resurfacing to go look at the potholes and provide an estimate.

The Board directed the Manager to have Public Works Dept. to correct the flooding issue in the back corner of the cemetery off of West A. Street side.

MANAGER’S REPORT

Continue to work on the Land Use Table and updating zoning regulations

East Erwin Drainage Project, Harnett County Emergency Management has invited theTown Manager and Town Engineer to the kick off for the grant Monday, April 9th.Continue to work with Tyrus Clayton and Duke Energy in possibility of lines removed.

Continue to work on the upcoming budget with a public hearing at the June 7th boardmeeting.

National Day of Prayer is May 3, 2018, Erwin Chamber will be having a prayerluncheon/walk at noon that day. Town Hall will be closed from 11:45 until 1pm givingstaff a chance to attend.

ATTORNEY REPORT

The deed was prepared for transferring the property on 301 North 14th Street. Just needD.R. Thomas to sign the deed over to the Town.

Attended the Conference for Town Attorney

Tax foreclosure of 405 Mason Drive

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PUBLIC COMMENT

Billy Glover business owner of Glover Sales on Hwy 421 came forward and spoke to the board. Mr. Glover expressed concern of poor lighting to his business off of St. Matthews Road which is behind his property. Would like more lighting. Poles are in place and have been for years. Over the years his business has been a victim of crime over 20 times.

CLOSED SESSION

Commissioner Turnage made a motion to go into closed session at 7:54 p.m. for the purpose of discussing matters concerning personnel under G.S. 143-318.11 (a) (6) and was seconded by Commissioner Blackmon. The Board voted unanimously.

RECONVENED

Commissioner Baker made a motion to go back into regular session at 8:15 p.m. and was seconded by Commissioner Blackmon. The Board voted unanimously.

ADJOURNMENT

Commissioner Baker made a motion to adjourn at 8:15 p.m. and was seconded by Commissioner Blackmon. The Board voted unanimously.

MINUTES RECORDED AND TYPED BY CYNTHIA B PATTERSON TOWN CLERK

____________________________ ________________________ Patsy Carson Cynthia B. Patterson, CMC Mayor Town Clerk

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TOWN OF ERWIN P.O. Box 459 · Erwin, NC 28339

Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org

Town of Erwin Proclamation

National Day of Prayer 2018 Proclamation: 2018-010

Whereas, Civic prayers and national days of prayer have a long and venerable history in our constitutional republic, dating back to the First Continental Congress in 1775; and,

Whereas, The Declaration of Independence, our first statement as Americans of national purpose and identity, made “the Laws of Nature and Nature’s God” the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and,

Whereas, The Supreme Court has affirmed the right of state legislatures to open their sessions with prayer and the Supreme Court and the U. S. Congress themselves begin each day with prayer; and,

Whereas, In 1988, legislation setting aside the first Thursday in May in each year as a National Day of Prayer was passed unanimously by both Houses of Congress and signed by President Ronald Reagan; and,

Whereas, The National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God, to give thanks for blessings received, to request healing for wounds endured, and to ask God to guide our leaders and bring wholeness to the United States and her citizens; and,

Whereas, It is fitting and proper to give thanks to God by observing a day of prayer in the Town of Erwin when all may acknowledge our blessings and express gratitude for them, while recognizing the needs for strengthening religious and moral values in our State and nation; and,

Whereas, In 2018, our theme will be Pray for America - UNITY, based upon Ephesians 4:3 which challenges us to mobilize unified public prayer for America, "Making every effort to keep the unity of the Spirit through the bond of peace."

NOW, THEREFORE, I, Patsy M. Carson, Mayor of the Town of Erwin and the Board of Commissioners hereby proclaim Thursday, May 3, 2018, to be designated as “A DAY OF PRAYER IN THE TOWN OF ERWIN” and encourage the citizens of the Town of Erwin to observe the day in ways appropriate to its importance and significance.

Proclaimed this the 3rd day of May, 2018.

_________________________ Patsy M. Carson Mayor

ATTEST:

_________________________ Cynthia B. Patterson, CMC Town Clerk

Mayor Patsy M. Carson Mayor Pro Tem Randy L. Baker Commissioners William R. Turnage Thurman E. Whitman Alvester L. McKoy Ricky W. Blackmon Frankie Ballard

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PROCLAMATION RECOGNIZING

JOSEPH L. (JOE) TART FOR CITIZEN OF THE MONTH

2017-2018---009

WHEREAS, the Town of Erwin Mayor and Board of Commissioners, realize that the Town of Erwin’s greatest asset is viewed as the citizens that contribute tirelessly and unselfishly of themselves to aide in the well-being of the residents within the community. These citizens display characteristics and qualities in an individual that strive to make a real difference in the lives of children, adults and the elderly without desire for recognition, remuneration or personal gain; and

WHEREAS, Mr. Tart of 105 Chicora Club Drive, Dunn was born on June 18, 1947 to Lindsey B. Tart and Hazel Pope Tart. He graduated from Coats High School in 1965, East Carolina University in 1969 and Campbell School of Law in 1982; and

WHEREAS, Mr. Tart has been married to Hannah Carpenter Tart for 49 years. Together they have 2 children Lee Tart Malone, Joseph L. (Joey) Tart, Jr. and 3 grandchildren Lindsey Malone, Joseph Tart III and Robert Tart; and

WHEREAS, Mr. Tart is the owner of Tart Law Group in Dunn (formerly Joseph L. Tart, P.A.). Practicing in the civil area: primarily civil litigation, commercial transactions, will and estates, and real property. When he is not working Mr. Tart interests are flying (licensed pilot), boating and golfing, and reading (particularly World War II history); and

WHEREAS, Mr. Tart has lived in the Erwin Community since 1989. He has served on the ECU Board of Visitors (3) terms, ECU Brodie School of Medicine, Medical Foundation Board Member, ECU Chapter Phi Kappa Phi Honorary Society, ECU Pirate Club member, BB&T Local Directors in Coats from 1986 to present, Harnett County Airport Committee member from 2001 to present serving as Vice-Chairperson, Harnett County Business Education Partnership Member, Honorary Commander of 21st STS Pope AFB in 2007, Campbell University School of Law visiting lecturer for the professionalism series, Aircraft Owners Association Member, 11A District Bar Association Member and Past Officer Lecturer for Professionalism, NC Academy of Trial Lawyers Commercial Litigation Section Founding Member, Northeast Metro Water Board in Harnett County Founding Director and Chairman of Board which established a regional water system, Good Hope Hospital Trustee served (2) terms, East Central Community Legal Services of NC Director (representing Johnston, Harnett and Sampson Counties) served (2) terms, Coats United Methodist Church member served on various boards and committees including Sunday School Teacher from 1974 to present, Town of Coats Commissioner from 1970-1979, Town of Coats Volunteer Fire Dept. from 1970-1979; and

NOW THEREFORE BE IT RESOLVED that the Town of Erwin Mayor and Board of Commissioners give recognition and appreciation to Mr. Joseph L. (Joe) Tart for his valuable contributions to the quality of life in our community and proudly acknowledge Mr. Joseph L. (Joe) Tart as the May 2018 Citizen of the Month.

Duly Adopted, this the 3rd day of May, 2018. ATTEST:

__________________ __________________________ Patsy Carson Cynthia Patterson, CMC Mayor Town Clerk


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AGENDA ITEM NUMBER 5A OLD BUSINESS

Erwin Board of CommissionersREQUEST FOR CONSIDERATION

To: The Honorable Mayor and Board of Commissioners From: Bill Dreitzler, Town Engineer Date: May 3, 2018 Subject: Project Update – East Erwin Drainage Improvements

At the Manager’s request I have prepared an update for the East Erwin Drainage Project. As you are aware, the project construction phase was delayed because of a feasibility issue related to the required temporary relocation of overhead power. Bids were received on November 28, 2017 with an award made to Temple Grading and Construction Company, Inc. at the February 1, 2018 BOC meeting. The award was in the amount of $481,000. As noted, the Town of Erwin has received a DR 2017 Grant in the amount of $481,000 for this project. We continue to work closely with our design engineer, contractor, and Duke Energy to resolve the issues related to the location of the overhead power. Please consider the following project updates:

Construction Cost: We have determined the best alternative regarding the overhead power conflicts is to have the culverts constructed in smaller sections such that they can be set with an excavator in lieu of a 90-ton crane. This alternative will require additional labor to set the culverts and will require additional pavement repair versus the crane alternative. We anticipate the contractors revised lump sum quote by the end of April.

Overhead Power: We will still be required to move the overhead power both temporarily for installation and 3 poles will require permanent relocation. Duke has provided an initial estimate of $15,000 for the permanent relocation. We will be meeting with Duke the first week of May to finalize the temporary relocation requirements such that they can provide us with a quote. The required relocation of the overhead power was determined to be unfeasible had we continued with the original culvert design and set the culverts with a crane.

Easements: We still have two properties that will require both temporary and permanent easements for the project. We temporarily suspended the discussions on these properties because of the overhead power issue and design alternatives that were being evaluated. The design change had the potential to alter the easement requirements and we wanted to have the easement needs finalized before we executed those last two easements. They are both on Maye Street (Susan and David Wall and Roger and Lucile May). It is possible that we will be required to obtain additional easements for all of the impacted properties for the temporary power relocation. We are hopeful that we can keep the temporary power relocation within the temporary construction easements already in place; however, that remains an unknown at this time.

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Schedule: We anticipate a 2 to 3-month lead time to have the culverts delivered to the site. Therefore, if we authorize the contractor to proceed by Mid-May then we would begin installation sometime in the late July or August time frame.

DR Grant: We met with Joyce Holley, Hazard Mitigation Specialist, and Harnett County Emergency Services on April 9, 2018 as a kick-off meeting for the Grant. During the meeting we inquired about the availability of additional funds to assist with the pending cost of the overhead power relocation. We received a positive response and were encouraged to request the additional funds as expeditiously as possible. We have no guarantee of being awarded any additional funds; however, we intend to make the request. Our goal is to be able to submit the request no later than the end of next week (May 4th).

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AGENDA ITEM NUMBER 5B OLD BUSINESS


To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: May 3, 2018 Subject: Erwin Depot

We have been working with Tony Conner of Hager Smith to try and find a contractor for the work to be completed on the Depot. Mr. Conner has not been able to help us find a contractor. The majority of the contractors that have experience with working on these projects are too busy at the moment to take on another project. We are going to re-advertise, and hopefully have some bids for this project at the June Town Board meeting.

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AGENDA ITEM NUMBER 6A NEW BUSINESS


To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: May 3, 2018 Subject: Procurement Policy

In the past, the Town of Erwin has just followed the State of North Carolina Procurement Policy. In December of 2014 the Office of Budget and Management implemented its Uniform Administrative Requirements, Cost Principles, and Audit Requirements which is referred to as Uniform Guidance (UG). Due to the substantial changes to the procurement requirements the deadline for municipalities/counties to get into compliance was extended three times. The Town needs to have a procurement policy and conflict of interest policy adopted by June 30th, 2018 (before the new Fiscal Year). The Town needs to have these policies to obtain any federal funds.

Attachments:

Procurement Policy Conflict of Interest Policy

Action Recommended:

Adopt these two policies for the Town of Erwin. Or, inform the Town Manager of anychanges that you would like to see so these policies can be adopted by June 30th.

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Town of Erwin, North Carolina Procurement Policy



ADOPTION OF TOWN OF ERWIN PROCUREMENT POLICY

2017-2018--006

I. Purpose

The purpose of this Policy is to establish guidelines that meet or exceed the procurement requirements for purchases of goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects when federal funds are being used in whole or in part to pay for the cost of the contract.

II. Policy

A. Application of Policy. This policy applies to contracts for purchases, services, andconstruction or repair work funded with federal financial assistance (direct or reimbursed). The requirements of this Policy also apply to any subrecipient of the funds.

All federally funded projects, loans, grants, and sub‐grants, whether funded in part or wholly, are subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for federal awards (Uniform Guidance) codified at 2 C.F.R. Part 200 unless otherwise directed in writing by the federal agency or state pass‐through agency that awarded the funds.

B. Compliance with Federal Law. All procurement activities involving the expenditure of federal funds must be conducted in compliance with the Procurement Standards codified in 2 C.F.R. § 200.317 through § 200‐326 unless otherwise directed in writing by the federal agency or state pass‐through agency that awarded the funds. The Town of Erwin will follow all applicable local, state, and federal procurement requirements when expending federal funds. Should the Town of Erwin have more stringent requirements, the most restrictive requirement shall apply so long as it is consistent with state and federal law.

C. Contract Award. All contracts shall be awarded only to the lowest responsive responsible bidder possessing the ability to perform successfully under the terms and conditions of the contract.

D. No Evasion. No contract may be divided to bring the cost under bid thresholds or to evade any requirements under this Policy or state and federal law.


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E. Contract Requirements. All contracts paid for in whole or in part with federal funds shall be in writing. The written contract must include or incorporate by reference the provisions required under 2 C.F.R § 200.326 and as provided for under 2 C.F.R. Part 200, Appendix II.

F. Contractors’ Conflict of Interest. Designers, suppliers, and contractors that assist in the development or drafting of specifications, requirements, statements of work, invitation for bids or requests for proposals shall be excluded from competing for such requirements.

G. Approval and Modification. The administrative procedures contained in this Policy are administrative and may be changed as necessary at the staff level to comply with state and federal law.

III. General Procurement Standards and Procedures:

Either the Purchasing Department or the Requesting Department shall procure all contracts in accordance with the requirements of this Section of the Policy.

A. Necessity. Purchases must be necessary to perform the scope of work and must avoid acquisition of unnecessary or duplicative items. The Purchasing Department and/or the Requesting Department should check with the federal surplus property agency prior to buying new items when feasible and less expensive. Strategic sourcing should be considered with other departments and/or agencies who have similar needs to consolidate procurements and services to obtain better pricing.

B. Clear Specifications. All solicitations must incorporate a clear and accurate description of the technical requirements for the materials, products, or services to be procured, and shall include all other requirements which bidders must fulfill and all other factors to be used in evaluating bids or proposals. Technical requirements must not contain features that restrict competition.

C. Notice of Federal Funding. All bid solicitations must acknowledge the use of federal funding for the contract. In addition, all prospective bidders or offerors must acknowledge that funding is contingent upon compliance with all terms and conditions of the funding award.

D. Compliance by Contractors. All solicitations shall inform prospective contractors that they must comply with all applicable federal laws, regulations, executive orders, and terms and conditions of the funding award.

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E. Fixed Price. Solicitations must state that bidders shall submit bids on a fixed price basis and that the contract shall be awarded on this basis unless otherwise provided for in this Policy. Cost plus percentage of cost contracts are prohibited. Time and materials contracts are prohibited in most circumstances. Time and materials contracts will not be used unless no other form of contract is suitable and the contract includes a “Not to Exceed” amount. A time and materials contract shall not be awarded without express written permission of the federal agency or state pass‐through agency that awarded the funds.

F. Use of Brand Names. When possible, performance or functional specifications are preferred to allow for more competition leaving the determination of how the reach the required result to the contractor. Brand names may be used only when it is impractical or uneconomical to write a clear and accurate description of the requirement(s). When a brand name is listed, it is used as reference only and “or equal” must be included in the description.

G. Lease versus Purchase. Under certain circumstances, it may be necessary to perform an analysis of lease versus purchase alternatives to determine the most economical approach.

H. Dividing Contract for M/WBE Participation. If economically feasible, procurements may be divided into smaller components to allow maximum participation of small and minority businesses and women business enterprises. The procurement cannot be divided to bring the cost under bid thresholds or to evade any requirements under this Policy.

I. Documentation. Documentation must be maintained by the Purchasing Department and/or the Requesting Department detailing the history of all procurements. The documentation should include the procurement method used, contract type, basis for contractor selection, price, sources solicited, public notices, cost analysis, bid documents, addenda, amendments, contractor’s responsiveness, notice of award, copies of notices to unsuccessful bidders or offerors, record of protests or disputes, bond documents, notice to proceed, purchase order, and contract. All documentation relating to the award of any contract must be made available to the granting agency upon request.

J. Cost Estimate. For all procurements costing $150,000 or more, the Purchasing Department and/or Requesting Department shall develop an estimate of the cost of the procurement prior to soliciting bids. Cost estimates may be developed by reviewing prior contract costs, online review of similar products or services, or other means by which a good faith cost estimate may be obtained. Cost estimates for construction and repair contracts may be developed by the project designer.

K. Contract Requirements. The Requesting Department must prepare a written contract incorporating the provisions referenced in Section II.C of this Policy.

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L. Debarment. No contract shall be awarded to a contractor included on the federally debarred bidder’s list.

M. Contractor Oversight. The Requesting Department receiving the federal funding must maintain oversight of the contract to ensure that contractor is performing in accordance with the contract terms, conditions, and specifications.

N. Open Competition. Solicitations shall be prepared in a way to be fair and provide open competition. The procurement process shall not restrict competition by imposing unreasonable requirements on bidders, including but not limited to unnecessary supplier experience, excessive or unnecessary bonding, specifying a brand name without allowing for “or equal” products, or other unnecessary requirements that have the effect of restricting competition.

O. Geographic Preference. No contract shall be awarded on the basis of a geographic preference.

IV. Specific Procurement Procedures

Either the Purchasing Department or the Requesting Department shall solicit bids inaccordance with the requirements under this Section of the Policy based on the type andcost of the contract.

A. Service Contracts (except for A/E professional services) and Purchase Contracts costing less than $3,500 shall be procured using the Uniform Guidance “micro‐purchase” procedure (2 C.F.R. § 200.320(a)) as follows:

1. The contract may be awarded without soliciting pricing or bids if the price of thegoods or services is considered to be fair and reasonable.

2. To the extent practicable, purchases must be distributed among qualifiedsuppliers.

B. Service Contracts (except for A/E professional services) and Purchase Contracts costing $3,500 up to $90,000 shall be procured using the Uniform Guidance “small purchase” procedure (2 C.F.R. § 200.320(b)) as follows:

1. Obtain price or rate quotes from an “adequate number” of qualified sources (afederal grantor agency might issue guidance interpreting “adequate number,” so the Requesting Department should review the terms and conditions of the grant award documents to confirm whether specific guidance has been issued).

2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliersas required under 2 C.F.R. § 200.321.

3. Cost or price analysis is not required prior to soliciting bids.4. Award the contract on a fixed‐price basis (a not‐to‐exceed basis is permissible for

service contracts where obtaining a fixed price is not feasible).

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5. Award the contract to the lowest responsive, responsible bidder.

C. Service Contracts (except for A/E professional services) and Purchase Contracts costing $90,000 and above shall be procured using a combination of the most restrictive requirements of the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320(c)) and state formal bidding procedures (G.S. 143‐129) as follows:

1. Cost or price analysis is required prior to soliciting bids.2. Complete specifications or purchase description must be made available to all

bidders.3. The bid must be formally advertised in a newspaper of general circulation for at

least seven full days between the date of the advertisement and the date of thepublic bid opening. Electronic‐only advertising must be authorized by thegoverning board. The advertisement must state the date, time, and location ofthe public bid opening, indicate where specifications may be obtained, andreserve to the governing board the right to reject any or all bids only for “sounddocumented reasons.”


5. Open bids at the public bid opening on the date, time, and at the location noticedin the public advertisement. All bids must be submitted sealed. A minimum of 2bids must be received in order to open all bids.

6. Award the contract to the lowest responsive, responsible bidder on a fixed‐pricebasis. Governing board approval is required for purchase contracts unless thegoverning board has delegated award authority to an individual official oremployee. Any and all bids may be rejected only for “sound documentedreasons.”

D. Service Contracts (except for A/E professional services) costing $150,000 and above may be procured using the Uniform Guidance “competitive proposal” procedure (2 C.F.R. § 200.320(d)) when the “sealed bid” procedure is not appropriate for the particular type of service being sought. The procedures are as follows:

1. A Request for Proposals (RFP) must be publicly advertised. Formal advertisementin a newspaper is not required so long as the method of advertisement will solicitproposals from an “adequate number” of qualified firms.

2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliersas provided under 2 C.F.R. § 200.321.

3. Identify evaluation criteria and relative importance of each criteria (criteriaweight) in the RFP.

4. Consider all responses to the publicized RFP to the maximum extent practical.5. Must have a written method for conducting technical evaluations of proposals and

selecting the winning firm.6. Award the contract to the responsible firm with most advantageous proposal

taking into account price and other factors identified in the RFP. Governing boardapproval is not required.

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7. Award the contract on a fixed‐price or cost‐reimbursement basis.

E. Construction and repair contracts costing less than $3,500 shall be procured using the Uniform Guidance “micro‐purchase” procedure (2 C.F.R. § 200.320(a)) as follows:

1. The contract may be awarded without soliciting pricing or bids if the price of thegoods or services is considered to be fair and reasonable.

2. To the extent practicable, contracts must be distributed among qualifiedsuppliers.

F. Construction and repair contracts costing $3,500 up to $150,000 shall be procured using the Uniform Guidance “small purchase” procedure (2 C.F.R. § 200.320(b)) as follows:

1. Obtain price or rate quotes from an “adequate number” of qualified sources (afederal grantor agency might issue guidance interpreting “adequate number,” sothe requesting department should review the terms and conditions of the grantaward documents to confirm whether specific guidance has been issued).


3. Cost or price analysis is not required prior to soliciting bids, although priceestimates may be provided by the project designer.

4. Award the contract on a fixed‐price or not‐to‐exceed basis.5. Award the contract to the lowest responsive, responsible bidder. Governing

board approval is not required.

G. Construction and repair contracts costing $150,000 up to $500,000 shall be procured using the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320(c)) as follows:

1. Cost or price analysis is required prior to soliciting bids (this cost estimate may beprovided by the project designer).

2. Complete specifications must be made available to all bidders.3. Publically advertise the bid solicitation for a period of time sufficient to give

bidders notice of opportunity to submit bids (formal advertisement in anewspaper is not required so long as other means of advertising will providesufficient notice of the opportunity to bid). The advertisement must state thedate, time, and location of the public bid opening, and indicate wherespecifications may be obtained.


5. Open the bids at the public bid opening on the date, time, and at the locationnoticed in the public advertisement. All bids must be submitted sealed. Aminimum of 2 bids must be received in order to open all bids.

6. A 5% bid bond is required of all bidders. Performance and payment bonds of 100%of the contract price is required of the winning bidder.

7. Award the contract on a firm fixed‐price basis.

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8. Award the contract to the lowest responsive, responsible bidder. Governing boardapproval is not required. Any and all bids may be rejected only for “sounddocumented reasons.”

H. Construction and repair contracts costing $500,000 and above shall be procured using a combination of the most restrictive requirements of the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320(c)) and state formal bidding procedures (G.S. 143‐129) as follows:

1. Cost or price analysis is required prior to soliciting bids (this cost estimate shouldbe provided by the project designer).

2. Complete specifications must be made available to all bidders.3. Formally advertise the bid in a newspaper of general circulation for at least seven

full days between the date of the advertisement and the date of the public bidopening. Electronic‐only advertising must be authorized by the governing board.The advertisement must state the date, time, and location of the public bidopening, indicate where specifications may be obtained, and reserve to thegoverning board the right to reject any or all bids only for “sound documentedreasons.”


5. Open the bids at the public bid opening on the date, time, and at the locationnoticed in the public advertisement. All bids must be submitted sealed and inpaper form. A minimum of 3 bids must be received in order to open all bids.

6. A 5% bid bond is required of all bidders (a bid that does not include a bid bondcannot be counted toward the 3‐bid minimum requirement). Performance andpayment bonds of 100% of the contract price is required of the winning bidder.

7. Award the contract on a firm fixed‐price basis.8. Award the contract to the lowest responsive, responsible bidder. Governing

board approval is required and cannot be delegated. The governing board mayreject and all bids only for “sound documented reasons.”

I. Construction or repair contracts involving a building costing $300,000 and above must comply with the following additional requirements under state law:

1. Formal HUB (historically underutilized business) participation required under G.S.143‐128.2, including local government outreach efforts and bidder good faithefforts, shall apply.

2. Separate specifications shall be drawn for the HVAC, electrical, plumbing, andgeneral construction work as required under G.S. 143‐128(a).

3. The project shall be bid using a statutorily authorized bidding method (separate‐prime, single‐prime, or dual bidding) as required under G.S. 143‐129(a1).

J. Contracts for Architectural and Engineering Services costing under $150,000 shall be procured using the state “Mini‐Brooks Act” requirements (G.S. 143‐64.31) as follows:

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1. Issue a Request for Qualifications (RFQ) to solicit qualifications from qualifiedfirms (formal advertisement in a newspaper is not required). Price (other thanunit cost) shall not be solicited in the RFQ.

2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliersas provided for under 2 C.F.R. § 200.321.

3. Evaluate the qualifications of respondents based on the evaluation criteriadeveloped by the Purchasing Department and/or Requesting Department.

4. Rank respondents based on qualifications and select the best qualified firm. Pricecannot be a factor in the evaluation. Preference may be given to in‐state (but notlocal) firms.

5. Negotiate fair and reasonable compensation with the best qualified firm. Ifnegotiations are not successfully, repeat negotiations with the second‐bestqualified firm.

6. Award the contract to best qualified firm with whom fair and reasonablecompensation has been successfully negotiated. Governing board approval is notrequired.

K. Contracts for Architectural and Engineering Services costing $150,000 or more shall be procured using the Uniform Guidance “competitive proposal” procedure (2 C.F.R. § 200.320(d)(5)) as follows:

1. Publically advertise a Request for Qualifications (RFQ) to solicit qualifications fromqualified firms (formal advertisement in a newspaper is not required). Price (otherthan unit cost) shall not be solicited in the RFQ.


3. Identify the evaluation criteria and relative importance of each criteria (thecriteria weight) in the RFQ.

4. Proposals must be solicited from an “adequate number of qualified sources” (anindividual federal grantor agency may issue guidance interpreting “adequatenumber”).

5. Must have a written method for conducting technical evaluations of proposals andselecting the best qualified firm.

6. Consider all responses to the publicized RFQ to the maximum extent practical.7. Evaluate qualifications of respondents to rank respondents and select the most

qualified firm. Preference may be given to in‐state (but not local) firms providedthat granting the preference leaves an appropriate number of qualified firms tocompete for the contract given the nature and size of the project.

8. Price cannot be a factor in the initial selection of the most qualified firm.9. Once the most qualified firm is selected, negotiate fair and reasonable

compensation. If negotiations are not successfully, repeat negotiations with thesecond‐best qualified firm.

10. Award the contract to best qualified firm with whom fair and reasonablecompensation has been successfully negotiated. Governing board approval is notrequired.

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V. Exceptions

Non‐competitive contracts are allowed only under the following conditions and with the written approval of the federal agency or state pass‐through agency that awarded the federal funds:

A. Sole Source. A contract may be awarded without competitive bidding when the item is available from only one source. The Purchasing Department and/or Requesting Department shall document the justification for and lack of available competition for the item. A sole source contract must be approved by the governing board.

B. Public Exigency. A contract may be awarded without competitive bidding when there is a public exigency. A public exigency exists when there is an imminent or actual threat to public health, safety, and welfare, and the need for the item will not permit the delay resulting from a competitive bidding.

C. Inadequate Competition. A contract may be awarded without competitive bidding when competition is determined to be inadequate after attempts to solicit bids from a number of sources as required under this Policy does not result in a qualified winning bidder.

D. Federal Contract. A contract may be awarded without competitive bidding when the purchase is made from a federal contract available on the U.S. General Services Administration schedules of contracts.

E. Awarding Agency Approval. A contract may be awarded without competitive bidding with the express written authorization of the federal agency or state pass‐through agency that awarded the federal funds so long as awarding the contract without competition is consistent with state law.

Adopted this the 3rd day of May 2018.

____________________ Patsy Carson, Mayor

ATTEST:

_____________________________ Cynthia Patterson, CMC Town Clerk

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Town of Erwin, NC Conflict of Interest and Gift Policy



ADOPTION OF TOWN OF ERWIN CONFLICT OF INTEREST AND GIFT POLICY

2017-2018---007

I. Purpose

The purpose of this policy is to establish conflicts of interest guidelines that meet or exceed the requirements under state law and local policy when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects paid for in part or whole by federal funds and required under 2 C.F.R. § 200.318(c)(1).

II. Policy

This policy applies when procuring goods (apparatus, supplies, materials, andequipment), services, and construction or repair projects funded in part or whole withfederal financial assistance (direct or reimbursed). This policy also applies to anysubrecipient of the funds.

The employee responsible for managing the federal financial assistance award shallreview the notice of award to identify any additional conflicts of interest prohibitions orrequirements associated with the award, and shall notify all employees, officers, andagents, including subrecipients, of the requirements of this policy and any additionalprohibitions or requirements.

A. Conflicts of Interest. In addition to the prohibition against self‐benefiting from apublic contract under G.S. 14‐234, no officer, employee, or agent of the Town of Erwin may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. A real or apparent conflict exists when any of the following parties has a financial or other interest in or receives a tangible personal benefit from a firm considered for award of a contract:

1. the employee, officer, or agent involved in the selection, award, oradministration of a contract;

2. any member of his or her immediate family;


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Town of Erwin, NC Conflict of Interest and Gift Policy

3. his or her partner; or

4. an organization which employs or is about to employ any of these parties.

Any officer, employee, or agent with an actual, apparent, or potential conflict of interest as defined in this policy shall report the conflict to his or her immediate supervisor. Any such conflict shall be disclosed in writing to the federal award agency or pass‐through entity in accordance with applicable Federal awarding agency policy.

B. Gifts. In addition to the prohibition against accepting gifts and favors from vendors and contractors under G.S. 133‐32, officers, employees, and agents of the Town of Erwin are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to subcontracts. Items of nominal value valued at less than $20.00 which fall into one of the following categories may be accepted:

1. promotional items;

2. honorariums for participation in meetings; or

3. meals furnished at banquets.

Any officer, employee or agent who knowingly accepts an item of nominal value allowed under this policy shall report the item to his or her immediate supervisor.

III. Violation

Employees violating this policy will be subject to discipline up to and includingtermination. Contractors violating this policy will result in termination of the contract andmay not be eligible for future contract awards.

Adopted this the 3rd day of May 2018.

____________________ Patsy Carson, Mayor

ATTEST:

_____________________________ Cynthia Patterson, CMC Town Clerk

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AGENDA ITEM NUMBER 6B NEW BUSINESS


To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: May 3, 2018 Subject: House Demolition

I have put together a potential agreement for the Town to use to start tearing down houses that have been condemned. We don’t have the equipment to tear down these structures. But I think it might be worth having a discussion about getting a few (3-5) of these agreements signed, and then have the Public Works Department rent the equipment to take down these structures.

Attachments: Sample agreement

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STATE OF NORTH CAROLINA ) COUNTY OF HARNETT ) AGREEMENT

)

This Agreement, entered into this ____ day of ______ (Month), 20_____, by and between the Town of Erwin, a North Carolina Municipal Corporation, (hereinafter “Town”) and _________________________, (hereinafter “Owner”), as parties, and said parties do hereby agree as follows:

1. The owner is the sole property owner of a house located at_______________________________________________ in Erwin, North Carolina, beingfurther described by Harnett County PID Number ______________________, and HarnettCounty Tax PIN #_______________________________________.

2. The owner warrants that there are no liens on the property and no insurance proceeds shall bepaid to the owner as a result of any action by the Town.

3. The Owner agrees to indemnify and hold harmless the Town from any and all claims of thirdparties arising out of the removal of the structure.

4. The Town shall demolish and remove the structure for $0 in labor costs. Tipping fees charged tothe Town for debris disposal are the responsibility of the owner(s) and will be charged to theowner(s).

Agreed to:

Town Representative Date

Title

Owner Date

State of

County of

I, undersigned Notary Public in and for the county and state aforesaid, do hereby certify that acting as owner of the above property, personally appeared before me this

day and acknowledged the due execution of the foregoing document for the purposes therein expressed. Witness my hand and official seal this day of , 20 .

Notary

My Commission Expires: (seal)

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the erwin board of commissioners may 2018 …may 03, 2018 · architects, engineers, contractors,...

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