GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 175
AN ACT TO ALLOW AVERY COUNTY TO USE ITS OWN CREWS AND EQUIPMENT TO COMPLETE PHASE II OF ITS COMMUNITY RECREATION FACILITY.
Whereas, Avery County has completed Phase I of its Community Recreation Facility; and
Whereas, Phase I was structural construction, on which the county has already expended $160,000; and
Whereas, there is no similar facility in Avery County; and
Whereas, performance bonds and the separate-prime basis are driving costs to an extreme level, and project completion hinges on a reasonable cost to meet the final criteria; and
Whereas, Phase II will consist of interior and equipment, such as interior and bearing walls, plumbing fixtures, making egress handicapped accessible, completing a stage, and complete lighting and electrical equipment; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1. G.S. 143-135 reads as rewritten:
"§ 143-135. Limitation of application of Article.
Except for the provisions of G.S. 143-129 requiring bids for
the purchase of apparatus, supplies, materials or equipment, this Article shall
not apply to construction or repair work undertaken by the State or by subdivisions
of the State of North Carolina (i) when the work is performed by duly elected
officers or agents using force account qualified labor on the permanent payroll
of the agency concerned and (ii) when the total cost of the project, including
without limitation all direct and indirect costs of labor, services, materials,
supplies and equipment, does not exceed seventy-five thousand dollars
($75,000). two hundred fifty thousand dollars ($250,000). Such
force account work shall be subject to the approval of the Director of the
Budget in the case of State agencies, of the responsible commission, council,
or board in the case of subdivisions of the State. Complete and accurate
records of the entire cost of such work, including without limitation, all direct
and indirect costs of labor, services, materials, supplies and equipment
performed and furnished in the prosecution and completion thereof, shall be
maintained by such agency, commission, council or board for the inspection by
the general public. Construction or repair work undertaken pursuant to
this section shall not be divided for the purposes of evading the provisions of
this Article."
Sec. 2. This act applies to Avery County only.
Sec. 3. This act applies only to the Community Recreation Facility, Phase II, and the ceiling of two hundred fifty thousand dollars ($250,000) includes any funds already expended by Avery County on Phase I.
Sec. 4. This act is effective upon ratification and expires December 31, 1997.
In the General Assembly read three times and ratified this the 5th day of June, 1995.
───────────────────
Dennis A. Wicker
President of the Senate
───────────────────
Harold J. Brubaker
Speaker of the House of Representatives