1981-12-07 RM Exhibits
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Commissioners
JACK R. ROSS. Chsirman
LAWRENCE L MURRAY. Vies Chsirnll1fl
BENJAMIN p, KENNEDY, SecrBtsry
HOWARD L. ARMISTEAD. JR.. M.D.
PETER B. BRAAK
PAUL E. GREGORY
RAIFORD G, TRASK, JR,
NEW HANOVER COUNTY AIRPORT COMMISSION
NEW HANOVER COUNTY AIRPORT
ROUTE 6, BOX 49
WILMINGTON, NORTH CAROLINA 28405
Telephone (919) 763-1671
November 25, 1981
RUDOLPH C, SHACKELFORD, JR.. A,A.E.
Airport Manager
JOHN E, NOLAN. A.A.E.
Assistant Airport M;mager
MEMORANDUM
TO:
G. Felix Cooper
County Manager
#I
FROM:
R. C. Shackelford, Jr., A.A.E.
Airport Manager
RE: County Commissioner's December 7, 1981 Agenda
ADAP 08 - State Airport Aid Grant Agreements
Enclosed are the original and three copies of State Airport
Aid Grant Agreements for the ADAP 08 pro;ect. pipe lining and
sealing. with transmittal letter and instructions. The grants
are for the state's portion of the nipe lining pro;ect.
Recommend YOU and the Commissioners give this matter favor-
able consideration.
Please return all material to the Airport for transmittal.
RCSjrjjwz
Enclosure
BLUETHENTHAL FIELD
MEMBER: AAAE . SAMA
.,~: '~..
RESOLUTION
A motion was made by
and
(Name and Title)
seconded by
for the adoption of the
(Name and Title)
following resolution, and upon being put to a vote was duly accepted:
WHEREAS, a grant in the, amount of $ 6, 345 . 00 has been approved
by the Department; and
WHEREAS, an amount equal to or greater than the approved grant has been
appropriated by the Sponsor for this Project.
NOW THEREFORE, BE AND IT IS HEREBY RESOLVED that the County Conunission Chairman
(Title)
of the Sponsor be and he hereby is authorized and empowered to enter into a
Grant Agreement with the Department, thereby binding the Sponsor to the
fulfillment of its obligations incurred under this Grant Agreement.
I,
of the
(Name and Title)
do hereby certify that the
This the
(Sponsor)
, 19
day of
Signed:
Title:
SEAL
Of The:
Contract Form (8-80)
Page 6 of 8
GRANT
AGREEMENT
STATE AID TO AIRPORTS
BETWEEN
THE DEPARTMENT OF TRANSPORTATION, AN AGENCY
OF THE STATE OF NORTH CAROLINA
AND
NEW HANOVER COUNTY
AIRPORT: New Hanover County
PROJECT NO:
82-22
WORK ORDER NO:
This Agreement made and entered into this the day of
, 19 by and between the NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION, an agency of the State of North Carolina (hereinafter referred
.
to as "Department") and New Hanover County
(hereinafter referred to as "Sponsor").
~ I T, NES SET H
WHEREAS, Chapter 63 of the North Carolina General Statutes authorizes the
Department, subject to the limitations and conditions stated therein, to provide
State aid in the form of loans and grants to cities, counties, and public airport
authorities of North Car~lina for the purpose of planning, acquiring, constructing
and improving municipal, county, and other publicly owned or controlled airport
facilities, and to authorize related programs of aviation safety, education
promotion, and long-range planning; and
WHEREAS, the Sponsor has made a formal application dated the 15th day
of September , 19 81 to the Department for State financial aid
for the New Hanover County Airport; and
WHEREAS, a grant in the amount of $ 6,345 has been
approved; and
WHEREAS, the grant of State Airport Aid funds will be used for the
following approved purposes (hereinafter referred to as "Project").
"Rehabilitate drainage structures under Runway 5/23
(pipe lining and sealing)."
Contract Form (8-80)
Page 1 of 8
NOW THEREFORE, the parties do mutually hereby agree as follows:
1. The Sponsor shall commence the Project as described above prior
to the 1st day of July , 19 82 , and shall complete the
described Project prior to the 1st day of January , 19 83
unless an extension of time is granted in writing by the Secretary of the
Department of Transportation.
2. The Sponsor shall comply with all requirements of Section .0200
and .0300, Subchapter 5B. and Section .0100. Subchapter 6C of the North Carolina
Administrative Code, Title 19A.
3. The Sponsor shall submit all bid tabulations with the Sponsor's
reconunendations for award of contracts for the Project to the Department for
review. The Department reserves the right to disapprove the Sponsor's
employment of specific contractors and/or consultants within ten (10) days of
receipt of bid tabulations and Sponsor's recommendation. Further, all contractors
or consultants who bin or submit proposals for such contracts must submit a
statement of non-collusion to the Sponsor.
4. The Sponsor shall deposit all funds received under this agreement and
shall keep the same in an identifiable Project account. The Sponsor, and his
contractor and/or consultant, shall maintain adequate records and documentation
to support all Project costs incurred under this grant. All records and
documentation in support of Project costs must be identifiable as relating to the
Project and must be actual and acceptable costs only. Acceptable costs are defined
as those costs that are acceptable under Federal Procurement Regulations 1-15.
Acceptable items of work are those referenced in Title 19A, Subchapter 6C of
the North Carolina Administrative Code and the North Carolina General Statutes.
The Sponsor's accounting procedures which were established for work as set out
in this Grant Agreement must be in accordance with generally acceptable accounting
prinCiples and must be reviewed and accepted by the Department prior to the
execution of this Grant Agreement and payment of S~atecfunds.
5. The Sponsor and his contractor and/o~ consultant shall maintain
all pertinent records and documentation for a period of not less than three
(3) years following the final audit by the Department.
6. The Sponsor and his contractor and/or consultant shall permit free
access to its accounts and records by official representatives of the State
of North Carolina for the purpose of such audit 'or determination needed to
Contract Form (8-80)
Page 2 of 8
ensure compliance with the authorizing act and this Grant Agreement. The
Sponsor further agrees that""dn the event the Project involves funding by an
agency of the United States Government, the Sponsor shall, upon the request
of the Department, provide the Department with a copy of the final federal
audit or shall authorize the appropriate federal agency to release such audit
directly to Department.
7. If the final State share of eligible items is less than the amount
of the approved State Grant for the Project, reimbursement will be made to
the Department in an amount equal to the difference between the approved grant
and fifty percent (50%) of the non-federal share of final, approved eligible
costs within thirty (30) days of notification by the Department of the amount
due.
8. The Sponsor agrees that he will submit all plans, specifications
and reports to the Department for review and that he will issue monthly progress
reports to the Department, unless otherwise instructed, and that he will
immediately notify the Department of any major problems which are encountered
in the completion of the Project. The Sponsor further agrees that he will
notify the Department in advance of any significant meetings or inspections
involving the Sponsor, his contractor, his consultant or federal funding
agencies involving the Project.
9. Work performed under this grant agreement shall conform to the
approved Project. Any amendments to, or modification of the scope and terms
of this agreement shall be in the form of a contract modification agreement
in writing and signed by the Sponsor and the Department, except, the extension
of time periods maybe made by the Secretary of the Department by written
notification to the Sponsoro
10. The Sponsor has full responsibility for assuring the'completed
Project meets the requirements of the Department and/or the Federal Aviation
Administration or its successor agencyo The Sponsor further certifies that
all state, federal, and local requirements for the conductance of this project
shall be met.
11. The Sponsor shall operate the Airport for the use and benefit of
the general public.
Contract Form (8-80)
Page 3 of 8
12. The Sponsor agrees to operate, maintain and control the airport
in a safe and serviceable condition for a minimum of ten (lO)years 'following' d"
the date of this Grant Agreement and shall immediately undertake, or cause
to be undertaken. such actions to correct safety deficiencies as may be brought
to its attention by the Department. The Sponsor further agrees that any land
acquired under this Grant Agreement shall not be sold or used for non-airport
use without the written agreement of the Department.
13. Insofar as it is within its power and is reasonable, the Sponsor
will either by the acquisition and retention of property interests, in fee
or easement. or by appropriate local zoning action, prevent the construction
of any object which may constitute an obstruction to. air navigation under the
appropriate category of Federal Air Regulation Part 77 for the Airport and
shall take immediate action to reduce such obstruction under the appropriate
parts of Federal Air Regulation Part 77.
14. Insofar as it is within its power and is reasonable. the Sponsor
will, either by the acquisition and retention of property interests, in fee
or easement. or by the adoption and enforcement of local zoning regulations.
take action to restrict the use of land in the vicinity of the airport to
activities and purposes compatible with the normal operations of aircraft
using the airport.
15. If. through any cause, the Sponsor shall fail to fulfill in a
timely and proper manner his obligation under this Grant Agreement, or if the
Sponsor shall violate any of the covenants, agreements, or stipulations of
this Grant Agreement. the Department shall have the right to terminate this
Grant Agreement by giving written notice to the Sponsor of such termination
and specifying the effective date of such termination at least fifteen (15) days
before such termination. In such event, the Sponsor shall receive compensation
equal to fifty percent (50%) of the non-federal share of any work acceptable
to the Department which has been completed prior to the effective date of
termination of this Grant Agreement.
16. This Grant shall not be binding upon the parties until this agreement
has been fully executed by the Department and the Sponsor.
Contract Form (8-80)
Page 4 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement
the day and year first written above.
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
BY:
Secretary of Transportation
ATTEST:
SPONSOR
Official Agency:
Signed:
SEAL
Attest:
----------------------------------------
STATE OF NORTH CAROLINA
COUNTY OF
I,
, a Notary Public in
and for the County and State aforesaid, do hereby certify that
(Name)
personally came before me this day and acknowledged that
he ~~ of the
. . (Title) (Spo~sor)
(hereinafter referred to as "Sponsor") and by authority duly given and as an act
of said Sponsor, the foregoing instrument was signed by him, attested by
of the Sponsor, and the
(Name and Title)
seal of the Sponsor affixed thereto.
WITNESS my hand and Notarial Seal, this the
day of
19
Notary Publi'c
My Commission Expires:
SEAL
Contract Form (8-80)
Page 5 of 8
AIRPORT ATTORNEY'S CERTIFICATION
I, acting as an attorney for'"
(hereinafter referred
to as "Sponsor") do hereby certify that said Sponsor has the authority and
power to enter into the attached State Aid to Airports Grant Agreement with the
North Carolina Department of Transportation. I further certify that said
Sponsor has complied with all the necessary legal requirements prior to and
including authorizing to
(Title of Sponsor's Representative)
enter into said Grant Agreement on its behalf and that said Grant Agreement is
legally binding.
Signed:
Typed Name:
o
Contract Form (8-80)
Page 7 of 8
FINANCIAL OFFICER'S CERTIFICATION
Provision for the payment of monies to fall due under this Agreement has
been made by appropriation duly authorized, as required by the local government
budget and Fiscal Control Act.
BY:
TITLE:
(Finance Officer as defined in Part 3,
Article 3, Subchapter III of Chapter 159
of the North Carolina General Statutes)
STATE OF NORTH CAROLINA
COUNTY OF
, a Notary Public in and
for the County and State aforesaid, do hereby certify that
personally came before me this day and acknowledged that he is the
(Finance Officer as defined' in Part 3, Article 3, Subchapter
III of Chapter 159 of the North Carolina General Statutes) for
and that by authority duly given as an act of
(Name of Local Government)
said
the foregoing certificate was
(Name of Local Government)
signed by said Finance Officer and the seal of
(Name of Local Government)
affixed.
WITNESS my hand and Notarial Seal, this the
day of
19
Notary Public
My Commission Expires:
o
SEAL
Contract Form (8-80)
Page 8 of 8