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BALLARD, McKIM 6 SAWYER, ARCHITECTS
6'12 S.17TH ST P O. BOX 3667
WILMINGTON, N. C. 28401 PHONE 919 762 2621
ORIGINAL ESTIMATE NATIONAL WEATHER SERVICE BUILDING
General ,;~,,~- 75,000 4,800 79,800
Electrical ~..,,: 11,000 29,500 40,500
HVAC ~ r~ -._,-_~,,4 ~,,.,~ 7, 0 0 0 3, 2 0 0 10 , 2 0 0
Plumbing ~z-~- 3,800 250 4,050
96,800 37,750 134,550
Fees 7,200 2,800 10,000
104,000 41,550 144,550
BIDS/NEGOTIATED
General 79,000 7,591 86,591
Electrical 12,319 30,350 42,669
HVAC 7,151 3,000 10,151
Plumbing 6,238 646 6,884
104,708 41,587 146,295
Fee @6 84~ 7,160 2840 10,000
$111,868 $44,427 $156,295
Overage ($7,868) (_$2,877) ($11,745)
~ over
7 57~ 6 92~
Recommend awarding contracts based on these figures if funds are available
FRANK I. BALLARD, AIA
HERBERT P McKIM, AIA
ROBERT W SAWYER, AIA
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ADAP - 05 - NORTH
Debit Credit
EXPENDITURES
Airport Apron
84 575 37 State Sales Tax 160 00
39 County Sales Tax 50 00
52 Topographic I84 00
53 Preliminary Testing 225 00
55 Resident Engineering 4,000 00
56 Construction Testing 3,000 00
70 Paving Contract 143,355 00
71 Lighting Contract 8,793 00
76 Contingency and Administrative 26,591 00
ALP Update and Approach ~ Obstruction Survey
84 577 54 Basic Engineering ~ Planning 35,112 00
Land Purchase and Clearing
84 578 04 Legal Fees 10,000 OU
51 Preliminary Engineering 4,000 00
52 Land Survey 8,000 00
57 Appraisal Fees 5,000 00
69 Land Costs 198,000 00
74 Construction Clearing 20,000 00
76 Contingencies and Administration 5,000 00
VASI - 4
84 579 54 Basic Engineering 3,9].7 00
71 Lighting Contract 21,083 00
76 Contingencies 2,000 00
REVENUES
84 349 00 Federal Grant Funds 68,024 00
350 00 State Grant Funds 6,379 00
367 00 State and County Sales Tax Refund 210 00
397 Il Transfer from General Fund Contingencies 6,.379 00
r `~
C E R T I F I C A T E
j, Alyce B Rusmisell the duly appointed
Clerk of the Board of Commissioners
do hereby certify that the attached extract from the Minutes of the
Regular meeting of the New Hanover
County Commissioners , held on September 5, 1978
is a true and correct copy of the original Minutes of said Meeting on
file and of record insofar as said original Minutes relate to the
matters set forth in said attached extract, and I do further certify
that the copy of the Resolution appearing in said attached extract is a
true and correct copy of such Resolution adopted at said Meeting and on
file and of record
In testimony whereof, I have hereunto set my hand and the seal of
said New Hanover County , this 7th day
of September 19 78
SEAL
SO FORM 5100-19 (4-70)
• RESOLUTION (GRANT AGREEMENT)
EXTRACT FROM THE MINUTES OF A Regular
MEETING OF THE New Hanover County Commissioners
HELD ON September 5, 19 ~g
The following Resolution was introduced by Comm, ~ottovi
seconded by Comm. Williams read in full, considered and
adopted
RESOLUTION AUTHORIZING, ADOPTING, APPROVING, ACCEPTING AND RATIFYING
THE EXECUTION OF GRANT AGREEMENT FOR PROJECT N0. 6-37-0084-05 BETWEEN
THE UNITED STATES OF AMERICA AND the County of New Hanover, North
Carolina
BE IT RESOLVED, by the Board of Commissioners of the County of
New Hanover
SECTION 1 That said Board of Commissioners hereby authorizes,
adopts, approves, accepts and ratifies the execution of Grant Agreement
between the Federal Aviation Administration on behalf of the United States
of America and the County of New Hanover
SECTION 2 That the execution of said Grant Agreement in quadruplicate
on behalf of said Board of Commissioners
by Claud O'Shields, Jr. , Chairman
and the impression of the official seal of the County of New Hanover
(If there is no seal, so state )
and the attestation of said execution by Alvice B. Rusmisell
County Clerk is hereby authorized, adopted, approved,
accepted and ratified.
SECTION 3. That the ,~j~ii~i ,lj~~~ >F,~ is hereby authorized
(Title of Position, Airport
Manager, City Manager, etc.)
to execute payment requests under this Grant Agreement on behalf of said
Board of Commissioners of the County of New Hanover, North Carolina
SECTION 4 That the Grant Agreement referred to hereinabove shall
be attached hereto and made a part of this Resolution as though it were
fully copied herein
SO FORM 5100-18 (10/75) (Supersedes previous edition)
Page 1 of 4 pages
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
GRA1~1'r AGREEMENT
Part 1-Offer
Date of Offer AUG 1 8 1978
New Hanover County A1rpo[t
Wilmington, North Carolina
Project No 6-37-0084-05
Contract No DOT-FA-78 -SO-11;360
TO County of New Hanover, North. Carolina
(herein referred to as the "Sponsor")
FROM The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 7, 1978
for a grant of Federal funds for a project for develop-
Inent of the New Hanover county Airport (herein called
the `"Airport"), together with plans and specifications for such project, which Project Application,
as approved by the FAA is hereby incorporated herein and made a part hereof, and
WI~EREAS, the FAA has approved a project for development of the Airport (herein called the
"Project ') consisting of the following-described airport development
Expand and light general aviation apron (19,200 s y ), install VASI-4's on
Runways 5 and 23
al as more particularly described in the property map and plans and specifications incorporated m
the said Project Application,
Whereas, this project will not be completed during fiscal year 1978, the total federal
share of the estimated cost is $544,876, and the sponsor has requested multi-year
funding for the project
f"AA FORM 5100-13 PG. 1 (10-71) SUPERSEDES FAA FORM 1632 PG ~ PAGE 1
Page 2 of 4 pages
NOW THEREFORE pursuant to and for the purpose of carryrng out the provrsrons of the Arrport
and Airway Development Apt of 1970 as amended (40 lJ S ( 17(11) and ul c unsideration of (~-)
the Sponsor's adoption and raUficatron of the representations and assurances contained rn said
Protect Apphcatron, and its a~~eptan~e of this Offer as heremafler pruvrded and (b) the benefits
to accrue to the United States and the public from the accomplishment of the Pro~e~ t and the
operation and maintenance of the Airport as herein pruvrded TILL FLDE:RAL AVIA"rION AD-
MINISTRATION, FOR AND ON BEHALF OF TIIL UNl1 LU STA"I LS, HERI.13ti' OI hl ItS AND
AGREES to pay as the lJnited States share of the allowable costs recurred in accomplishing the
Protect ninety percent (90%) for Fiscal Year 1978 and eighty percent (80%) for
Fiscal Year 1979 from funds appropriated under the Airport and Airway Development
Act of 1970
This Offer is made on and subject to the following terms and conditions
1 The maximum obligation of the United States payable under this Otter shall be
$403,884 for fiscal year 1978 The fiscal year 1979 obligation shall be
established as specified in paragraph 16 of this agreement, provided, however,
The Sponsurshall that the maximum obligation shall not exceed in the aggregate
$544,876.
(a) begin accomplishment of the Protect within ninety (90) days
after acceptance of this Offer or such longer time as may be prescnbed by the FAA
with failure to du so constituting lust pause for termination of the obligations of the
Unrte.d States hereunder by the hAA
(b) carrv ~>ut and ronlplet~ the Project without undue delay and in accordance with the
terms herein the Arrport and Agway Uevelupni~nt Ae,t ut 1070, .red Sections 1 ~' `71 -
1S' ~i 3 of the }tegulations of the Federal AV]dUOn AdnunrsU~ation (14 C E It 15?) ur
effect as of the date of acceptance of this Uffer, which Regulations are hereulatt~r
referred to as the Regulatruns",
(c) carry out and complete the Protect ul accordance with the plans and specifications
and property map incorporated herein, as they play he revised or modified with the
approval of the FAA
3 The allowable ousts of the protect shall not include any costs determined by the FAA to
be ineligible for consideration as to allowability under Section 15~ 47 (b) of the Regina
trues
4 Payment of the United States share of the allowable project costs will be made pursuant
to and in a~curdance with the provrsrons of Sections I~' (,S -- 1'~~ 71 of the Regulatlons
Final determination as to the allowability of the costs of the protect will be made at the
tune of the final grant payment pursuant to Section 152.'1. of the Regulatruns pruvrded,
that m the event a semi final grant payment is made pursuant to Section 1~? ?1 of the
Regulations final determination as to the allowability of those costs to which such semi
final payment relates will be made at the trine of such semr final payment
FAA FORM 5100-13 PG 2 (7-72) SUPERSEDES PREVIOUS EDITION PAGE 2
Page 3 of 4 pages
5 The sponsor shall operate and maintain the Airport as Provided in the Project
Application incorporated herein and specifically covenants and agrees, in'
accordance with its Assurance 20 in Part V of said Applicati.ori For Federai
Assistance (For Construction Programs), that in its operation and the c,pera-
tfon of all facilities thereof, neither it nor any person or organir.~c~:ion
occupying space or facilities thereon will discriminate against any person
or class of persons by reason of race, color, creed or national ozigin in
the use of any of the facilities provided for the public on the airport
E, The FAA reserves the right to amend or withdraw this Offer at any time r,rior
to its acceptance by the Sponsor
7 Phis Offer shall expire and the United States shall. not be oblig«ted to x,ay
any part of the costs of the Project unless this Offer has been accepted by
the Sponsor on or before September 15, 1978, or such subsequent d'ttr
3s may be prescribed in writing by the FAA
8 The Sponsor hereby agrees that it will incorporate or cause to be incorporated
into any contract for construction work, or modification thereof, as defined
in the regulations of the Secretary of Labor at 41 CFR Chapter 6U, which is
paid for in whole or in part with funds obtained from the Federal Government
or borrowed on the credit of the Federal Government. pursuant to a grant, con-
tract, loan, insurance, or guarantee, or undertaken pursuant to any federal
program involving such grant, contract, loan, insurance, or. guarantee, the
following Equal Opportunity clause
During the performance of this contract, the contractor agrees as follow
(1) The Contractor will not discriminate against any employee or.
ripplicant for employment because of race, color, religion,
sex or national origin The contractor will take affirmativr~
action to ensure that applicants are employed, and that employees
are treated during employment without regard to their race, polo,:,
sex or national origin Such action shall incl-~de, but nvt: be
limited to the following Employment, upgrading, demotion, or
trsnsfer; recruitment or recruitment advertising; layoff or
termination, rates of pay or other forms of compensation; and
selection for training, including apprenticeship The contr.sctor
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth
the provisions of this non-discrimination clause
(2) The contractor will, in all solicitations or. advertisements for
employees placed by or on behalf of the contractor, state that
all qualified applicants will receive consideration .for employment
without regard to race, color, religion, sex or national origin
(3) The contractor will send to each labor union or representative
of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of tl~e
contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees
and applicants for employment
F'AA Form 5100-13 (2/75)
Page 3 a of 4 pages
(4) The contractor will comply with all provisions of Executive Order
11.246 of 24 September 1965 and the rules, regulations, and relevant
orders of the Secretary of Labor
(5) The contractor will furnish all information and reports required
by Executive Urder 11246 of 24 September 1965, and by rules,
regulations, anal orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts
by the administering agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations,
and orders
(6) In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of the
said rules, regulations or orders, this contract may be
cancelled, terminated or suspended in whole or in part and
the contractor may be declared ineligible for further government
contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246
of 24 September 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of
24 September 1965, or by rule, tegulation or order of the
Secretary of Labor, or as otherwise provided by law
(7) The contractor will include the portion of the sentence immediately
preceding paragraph (1) and the lrovisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted
by rules, regulations or. erder~ of the Secretary of Labor issued
pursuant to Section 204 of Executive Order 11246 of 24 September
1965, so that such provisions will be binding upon each subcontractor
or vendor The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct
as a means of enforcing such provisions, including sanctions for
noncompliance Provided, however, that in the event a contractor
becomes involved in, or is threatened with litigation with a
subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request t'e United States
to enter into such litigation to protect the interests of the United
States
The Sponsor further agrees that it will be bound by the r,bove equal opportunity
clause with respect to its own emplc,}~neit practices when it participates in
federally assisted construction work Provided, that if the applicant so
participating is a State or loc~~1_ go~ernmcnt, the above equal opportunity clause
is not applicable to and agelc}, instrumenCality or subdivision of such government
which does not partic pate in *acrk on or under the contract
The Sponsor agrees that it will ass ~t and cooperate activ~l~ with the administer-
ing agency ar:d the Secret:.ai~r cl Iah~r in vbtaii~n~, the compliance of contractors
and subcontractors with iie eyu~~i o;~portunity c1a~!~•e and the rules, regulations,
and relevant cyders of the 5ecreta~~~ of Labor tha it wi.11 Eu-rnish the administer-
ing agency with the Secretary oi. Labor such in.forwa~ on as they may require
I'AI1. Form 5100-13
Page 3b of 4 i~ ~~es
for the supervision of such compliance, and that it will vtherwi.se as~isl ~}~e
administering agency in the discharge of the agency's primary respon ibility
for securing compliance
The Sponsor further al;rees that it will refrain lrom entering into an} <<~n-
iract or contract modification subject to Exccuti~c Order 11246 of
24 September 1965 with a contractor debarred from, or who has not assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity cia~.~sc.
as may be imposed upon contractors and subcontractors by the administering
agency or the Secretary of Labor pursuant to Part III, Subpart D of the
Executive Order In addition, the Sponsor ay;rees that if it fails or
refuses to comply with these undertakings, the administering agency may
take any or all of the following actions cancel, terminate or suspend in
whole or in part this grant (contract, loan, insurance, guarantee), refrain
from extending any further assistance to the Sponsor under the program with
respect to which the failure or refund occurred until satisfactory a surance
of future compliance has been received from the Sponsor; or refer the case
to the Department of Justice for appropriate legal proceedings
9 The Sponsor's financial records of the project, established, maintained, and
made available to personnel of the FAA in confo unity to Section 152 63 of tl-ce
Regulations of the Federal Aviation Administration (14 CFR 152) will also bc.
available to representatives of the Comptroller General of the United States
10 It is understood and agreed that the term "Project Application" wherever
it appears in this agreement or other documents constituting a part of this
agreement sha1L be deemed to mean "Application For Federal Assistance (For
Construction Programs) "
11 The Sponsor will send a copy of all Invitations for Bids, advertised or
negotiated, for concessions or other businesses at the airport to the
appropriate Office of Minority Business F,nterprise (OMBE) representative as
identified by the FAA Regional Civil Rights Office The Sponsor will disclose
and make information about the contracts, contracting procedures and require-
ments available to the designated OMBE representative and minority firms on
the same basis that such information is disclosed and made available to other
organizations or firms Responses by minority firms to Invitations for. Bids
shall be treated i.n the same manner as all other responses to the Invitations
for Bids
Compliance with the preceding paragraph will be deemed to constitute com-
pliance by the Sponsor with requirements of 49 CFR 21 Appendix C(a)(1)(x),
Regulations of the Office of the Secretary of Transportation
FAA Form 5100-13 (3/75)
Page 3c of 4 Pages
12 It is understood and agreed that no part of the federal share of an
airport development project for which a grant is made under the Air-
port and Airway Development Act of 1970, as amended (49 U S C 1701
et seq ), or under the Federal Airport Act, as amended (49 U S C
1101 et seq ), shall be included in the rate base in establishing
fees, rates, and charges for users of the airport
13 This project and all work performed thereunder is subject to the Clean
Air Act and the Federal Water Pollution Control Act Accordingly,
(A) The Sponsor hereby stipulates that any facility to be utilized
in performance under the grant or to benefit from the grant
is not listed on the EPA List of Violating Facilities
(B) The Sponsor agrees to comply with all the requirements of
Section 114 of the Clean Air Act and Section 308 of the
Federal Water Pollution Control Act and all regulations
issued thereunder
(C) The Sponsor shall notify the FAA of the receipt of any
communication from the EPA indicating that a facility to
be utilized for performance of or benefit from the grant
is under consideration to be listed on the EPA List of Vio-
lating Facilities
(D) The Sponsor agrees that it will include, or cause to be
included, in any contract or subcontract under the grant
which exceeds $100,000 the criteria and requirements in
these subparagraphs
14 Assurance Number 18 of Part V of the Project Application incorporated
herein is amended by including at the end of the second sentence the
following language
"including the requirement that each air carrier, authorized to engage
directly in air transportation pursuant to Section 401 or 402 of the
Federal Aviation Act of 1958, using the Airport shall be subject to
nondiscriminatory and substantially comparable rates, fees, rentals,
and other charges and nondiscriminatory conditions as are applicable
to all such air carriers which make similar use of the Airport and
which utilize similar facilities, subject to reasonable classifications
such as tenants or nontenants, and combines passenger and cargo flights
or all cargo flights, and such classification or status as tenant
shall not be unreasonably withheld by any sponsor provided an air
carrier assumes obligations substantially similar to those already
imposed on tenant air carriers This provision shall not require
the reformation of any lease or other contract entered into by the
Sponsor before July 12, 1976 "
Page 3d of 4 Pages
15 The Grantee agrees to effectuate the purposes of Section 30 of the
Airport and Airway Development Act of 1970, as amended, by assuring
that minority business enterprises shall have the maximum opportunity
to participate in the performance of contracts financed in whole or
in part with federal funds provided under this agreement For the
purposes of this provision, "Minority Business Enterprise" means a
business enterprise that is owned by, or is controlled by, a socially
or economically disadvantaged person or persons. Such disadvantage
may arise from cultural, racial, religious, sex, national origin,
chronic economic circumstances or background or other similar cause
Such persons may include, but are not limited to, Blacks not of His-
panic origin, persons of Hispanic origin, Asians or Pacific Islanders,
American Indians, and Alaskan Natives Grantee further agrees to
comply with such regulations as may be issued by the Federal Aviation
Administration to implement Section 30 of the Act
16 Pursuant to Section 19 of the Airport and Airway Development Act, as
amended, the FAA does hereby commit the United States to obligate an
additional amount to this project for payment of its share of the
cost, in accordance with the terms hereof, not to exceed the appor-
tionment s) made to the sponsor for FY-1979 pursuant to Section 15
(a)(3)(A) of said Act, as amended, and subject to the restrictions
now or hereinafter imposed on the FAA on use of such apportionment
by, but not limited to, Appropriation Acts now or hereinafter enacted
Therefore, it is mutually understood and agreed that the sponsor shall
be notified by letter of the exact amount of this commitment when such
computation and obligation can be made in FY-1979 It is further
understood by the parties hereto that this commitment does not in it-
self obligate, preclude nor restrict the FAA in the use of any funds
made available for discretionary use under Section 15 of said Act to
further aid the sponsor in meeting the cost of this project under the
terms of this agreement and limitations of law
17 It is mutually agreed and understood that the sponsor has knowledge of
and recognizes the costs associated with operating and maintaining the
airport lighting and agrees to operate the lights throughout each night
of the year and to operate the VASI's 24 hours each day or in accordance
with some other plan approved by the FAA
Page 4 of 4 pages
The Sponsor's acceptance of tlus Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor as herein
after provided, and said Offer and Acceptance shall comprise a Grant Agreement as provided by
the Airport and Airway Development Act of 1970, constituting the obligations and nghts of the
United States and the Sponsor with respect to the accomplishment of the Pru~ec,t and the openitiun
and maintenance of the Airport Such Grant Agreement shall become effective upon the Spunsor s
acceptance of this Offer and shall remain in full force and effect thruugliout the useful life of the
facilities developed under the Project but in any event not to exceed twenty years from the date
of said acceptance
UNITED STATES OF AMERICA
FEDL;RAL AVIATION ADMINISTRATION
By
(TITLE:)
Chief, Airports District Office
Part II Acceptance
The County of New Hanover, North Carolina, does hereby ratify and adopt all statertients,
representations, warranties, covenants, and agreements contained in the Project Application and
incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and
by such acceptance agrees to all of the terms and conditions thereof
Executed this day of
(SEAL)
Attest
Title
CERTIFICATE OF SPONSOR'S ATTORNEY
By
Title
19
County of New Hanover
(Name of Sponsor)
I acting as Attorney fur the..County of Naw Hanover
(herein referred to as the Sponsor) do hereby certify
That I have examined the foregoing Grant Agreement and the proceedings taken by said
Sponsor relating thereto, and find that the Acceptance thereof by said Spunsor has been duly auth
prized and that the execution thereof is in all ~~spects due and proper and in accordance with the
laws o1~ the State of North Carolina and further that, in my opinion said Grant
Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof
Dated at this. day of 1 `~
Title
FAA FORM 5100-13 PG 410-71) SUPERSEDES FAA FORM 1632 PG 4 PAGE 4
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