FY17 ENGINEERING MASON CREEK AIWW DREDGING GRANT 7009GRANT CONTRACT NO. 7009
STATE OF NORTH CAROLINA GRANTEE'S FEDERAL
COUNTY OF WAKE IDENTIFICATION
NUMBER:'* - *'*0324
This Contract is hereby made and entered into this 1 *t day of October, 2016, by and between the NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY (the "Agency ") and NEW HANOVER COUNTY, (the "Grantee ") (referred to
collectively as the "Parties ").
1. Contract Documents: This Contract consists of the Grant Contract and its attachments, all of which are identified by
name as follows:
(1) Grant Contract No. 7009
(2) General Terms and Conditions (Attachment A)
(3) Grantee's Response to Agency's RFP, including line item budget and budget narrative and if applicable, indirect
cost documentation (Attachment B)
(4) Iran Certification (Attachment C)
These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements
or agreements. The Parties may enter into Contract Amendments in accordance with the General Terms and Conditions
as described in Attachment A.
2. Precedence Among Contract Documents: In the event of a conflict between terms of the Contract Documents, the term
in the Contract Document with the highest relative precedence prevails. The order of precedence is established by the
order of documents in Paragraph 1, above, with the first- listed document having the highest precedence and the last- listed
document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment has
the highest precedence and the oldest amendment has the lowest precedence.
3. Contract Period: This Contract shall be effective on the 1 It day of October, 2016 and shall terminate on the 30th day
of June, 2017.
4. Project Period: The Grantee shall begin the project on the 1 Sl day of October, 2016. The Grantee shall undertake
and complete the project in a sequence that assures expeditious completion in light of the purposes of this
agreement. Grantee shall complete the project on the 30th day of June, 2017.
5. .
6. Grantee's Duties: The Grantee shall complete the project as described in Attachment B, Mason Inlet / AIWW Crossing
Dredging Project and in accordance with the approved budget in Attachment B.
7. Agency's Duties: The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract
Documents.
The total amount paid by the Agency to the Grantee under this Contract shall not exceed EIGHT HUNDRED SIXTY
THOUSAND DOLLARS ($860,000.00).
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GRANT CONTRACT NO. 7009
This amount consists of:
Type of Funds Funding Source CFDA No.
Other Receipts SDNCDBAW Fund NA
Accounting Code Information:
Dollars GL Company GL Account GL Center
$860,000.00 1602 536990 2182
[ ] a. There are no matching requirements from the Grantee.
[ ] b. There are no matching requirements from the Grantee; however, the Grantee has committed the following match
to this project:
[ X ] c. The Grantee's matching requirement is $, which shall consist of:
In -Kind
$
X
Cash
$
Cash and In -Kind
$
Other / Specify:
$
[ X ] c. The Grantee's matching requirement is $, which shall consist of:
[ ] d. The Grantee has committed to an additional $ to complete the project as described in Attachment C.
The Grantee warrants contributions from the Grantee shall be sourced from non - federal funds.
The total contract amount is $1,290,000.00.
8. Reversion of Unexpended Funds
Any unexpended grant funds shall revert to the Agency upon termination of this Contract.
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In -Kind
$
X
Cash
$430,000.00
Cash and In -Kind
$
Other / Specify:
$
[ ] d. The Grantee has committed to an additional $ to complete the project as described in Attachment C.
The Grantee warrants contributions from the Grantee shall be sourced from non - federal funds.
The total contract amount is $1,290,000.00.
8. Reversion of Unexpended Funds
Any unexpended grant funds shall revert to the Agency upon termination of this Contract.
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GRANT CONTRACT NO. 7009
9. Reporting Requirements
Pursuant to 09 NCAC Subchapter 03M, a Grantee that receives State funds shall maintain, for inspection by the
Office of the State Auditor, reports and accountings that support the allowable expenditure of State funds. The
Grantee shall also abide by the following reporting thresholds: (1) a Grantee receiving less than $25,000 shall also
include a certification and accounting, completed by the Grantee Board, stating that the funds were received and
used for the purpose in which they were granted; (2) a Grantee receiving between $25,000 to $500,000 shall also
include a certification of accounting and description, completed by the Grantee Board, stating the funds were received
and used for the purpose in which they were granted; (3) a Grantee receiving greater than $500,000 shall include a
certification and description, completed by the Grantee Board, stating that the funds were received and used for the
purpose in which they were granted, and an audit prepared by a licensed Certified Public Accountant." If the Grantee
receives $500,000 or more in FEDERAL awards during its fiscal year from any source, including federal funds passed
through the State or other grantors, it must obtain a single audit or program - specific audit conducted in accordance
with the Federal Office of Management and Budget's Circular A -133 "Audits of States, Local Government and Non -
Profit Organizations." If the above amounts are not met by one single funding agency, but rather any combination
of funding agencies, then the appropriate reports shall be sent to the Office of the State Auditor and to the Agency.
Also, a corrective action plan for any audit findings and recommendations must be submitted along with the audit
report or within the period specified by the applicable OMB Circular or Memorandum.
10. Payment Provisions:
The Agency shall reimburse the Grantee for actual allowable expenditures with the Agency retaining a minimum of ten
percent (10 %) of the Agency's funds until all required activities are completed and reports/deliverables are received and
accepted by the Agency. Allowable expenditures are defined as expenditures associated with work performed to meet the
milestones for a specific reporting period. The Agency may withhold payment on invoices when the Grantee fails to
accomplish the milestones stated in Attachment B.
11. Invoices: The Grantee shall submit invoices to the Agency Contract Administrator at least quarterly. The final invoice
must be received by the Agency within forty -five (45) days following the end of the contract period.
Amended or corrected invoices must be received by the Agency's Office of the Controller within six (6) months following
the end of the contract period. The Agency will not pay any invoice received more than six (6) months after the end of the
effective period.
12. Contract Administrators: All notices permitted or required to be given by one party to the other, and all other questions
about the Contract shall be addressed and delivered to the Parties' Contract Administrator. The name, post office address,
street address, telephone number, fax number, and email address of the Parties' initial Contract Administrators are set out
below. Either Party may change the name, post office address, street address, telephone number, fax number, or email
address of its Contract Administrator or Principal Investigator or Key Personnel by giving timely written notice to the other
Party.
Any changes in the scope of the contract which increase or decrease the Grantee's compensation are not effective until
approved in writing by the Agency's Head or Authorized Agent.
Agency Contract Administrator:
Darren England
NC DEQ Water Resources
1611 MSC
Raleigh, NC 27699.1611
Telephone: 919 - 707 -9013
Email: darren.eno land @jLdenrgoy
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GRANT CONTRACT NO. 7009
Grantee Contract Administrator:
Grantee Principal Investigator or Key Personnel
H. Layton Bedsole
SAME
New Hanover County
230 Govemment Center Drive, Suite 160
Wilmington, NC 28403
Telephone: 910-798-7104
Email: lbedsole(a)nhcciov.com
13. Grantee Principal Investigator or Key Personnel: The Grantee shall not substitute the Principal Investigator or
Key Personnel assigned to the performance of this Contract without prior written approval by the Agency Contract
Administrator.
14. Supplantation of Expenditure of Public Funds:
15. The Grantee assures that funds received pursuant to this Contract shall be used only to supplement, not to supplant, the
total amount of Federal, State and local public funds that the Grantee otherwise expends for the Mason Inlet / AIWW
Crossing Dredging Project services and related programs. Funds received under this Contract shall be used to provide
additional public funding for such services; the funds shall not be used to reduce the Grantee's total expenditure of other
public funds for such services.
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GRANT CONTRACT NO. 7009
16. Grantee's Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements
in accordance with the following requirements:
a. Implement adequate internal controls over disbursements;
b. Pre -audit all vouchers presented for payment to determine:
• Validity and accuracy of payment
• Payment due date
• Adequacy of documentation supporting payment
• Legality of disbursement
c. Assure adequate control of signature stamps /plates;
d. Assure adequate control of negotiable instruments; and
e. Implement procedures to ensure that account balance is solvent and reconcile the account monthly.
17. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been
outsourced to other countries, If any. Grantee further agrees that it will not outsource any such jobs during the term of this
Contract without providing notice to the Agency and obtaining written approval from the Agency Contract Administrator
prior to outsourcing.
18. E- Verify: As required by G.S. §143 -48.5 (Session Law 2013 -418), the Grantee certifies that it, and each of its subcontractors
for any contract awarded as a result of this solicitation, complies with the requirements of Article 2 of Chapter 64 of the North
Carolina General Statutes, including the requirement for each employer, with more than 25 employees in North Carolina, to verify
the work authorization of its employees through the federal E -Verify system.
19. Confidentiality: Each party shall be solely responsible for properly identifying any document(s) containing "CONFIDENTIAL"
information. Anything that qualifies as a "TRADE SECRET" under State law must be designated as "CONFIDENTIAL. All
"CONFIDENTIAL" documents shall be property identified by conspicuously marking it "CONFIDENTIAL" at the top and bottom
of each page. Any document(s) not properly identified as CONFIDENTIAL, prior to its release to the Agency, may be deemed a
public record.
20. Records Retention: Records created or kept in connection with this Contract shall be maintained in accordance with the
applicable retention policies of the Agency, and shall not be destroyed, purged or disposed of without the express written consent
of the Agency. If any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract is initiated
prior to expiration of the applicable retention period, the records must be retained until completion of the action and resolution of
all issues arising therefrom, or until the end of the applicable retention period, whichever is later
21. Assurances For Non - Federally Funded Contracts: The GRANTEE certifies that with regard to:
1. Debarment And Suspension -To the best of its knowledge and belief that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal, State, or local government agency;
(b) have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or
local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) have not within a 3 -year period preceding this application /proposal had one or more public transactions (Federal,
State, or local) terminated for cause or default.
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GRANT CONTRACT NO. 7009
2. Lobbying - To the best of his or her knowledge and belief, that:
No Federal, State or local government appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal, State
or local government agency; a member of Congress, North Carolina's General Assembly or local government body;
an officer or employee of Congress, North Carolina's General Assembly or local government body, or an employee
of a member of Congress, North Carolina's General Assembly or local government body, in connection with the
awarding of any Federal, State or local government contract, the making of any Federal, State or local government
grant, the making of any Federal, State or local government loan, the entering into of any Federal, State or local
government cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal, State or local government contract, grant, loan, or cooperative agreement.
If any funds other than Federal, State or local government appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency; a member of Congress,
North Carolina's General Assembly or local government body; an officer or employee of Congress, North Carolina's
General Assembly or local government body; or an employee of a member of Congress, North Carolina's General
Assembly or local government body in connection with the Federal, State or local government contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to
Report Lobbying" in accordance with its instructions.
3. Druq -Free Work Place Requirements -It will comply by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about -
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph (a) above;
(d) Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment under
the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after such conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2), above, from an employee or
otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), above with
respect to any employee who is so convicted -
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GRANT CONTRACT NO. 7009
(1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a),
(b), (c), (d), (e), and (f), above.
4. Will comply with the provisions of the Equal Employment Practices Act set out in Article 49A of Chapter 143 of the North
Carolina General Statutes.
5. Will comply, as applicable, with the provisions of the Wage and Hour Act, Occupational Safety and Health Act of North
Carolina, Controlled Substance Examination Regulation, Retaliatory Employment Discrimination, Safety and Health
Programs and Committees, Workplace Violence Prevention, and other applicable provisions of Chapter 95 of the North
Carolina General Statutes regarding labor standards.
6. Will comply with all applicable requirements of all other Federal, State and local government laws, executive orders,
regulations and policies governing this program.
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GRANT CONTRACT NO. 7009
22. Signature Warranty:
The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement.
N.C.G.S. §133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from
anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any
response in this procurement, you (Grantee) attest, for your entire organization and its employees or agents, that you are
not aware that any such gift has been offered, accepted, or promised by any employees of your organization.
IN WITNESS WHEREOF, the Grantee and the Agency execute this agreement in two (2) originals, one (1) of which
is retained by the Grantee and one (1) of which is retained by the Agency, the day and year first above written.
NEW HANOVER COUNTY
By
Gran s Signature
n Typed / Phnted Name �n
tt`j�Jk`�Allk
Title
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
Donald R. van der Vaart, Secretary
By
Department Head's Signature or Authorized Agent
Tommy Kirby, Purchasing Director
Type / Printed Name and Title
Financial Services Division /Purchasing and Contracts Section
Division /Section
ORIGINAL
Page 8 of 8
General Terms and Conditions
Governmental Entities
DEFINITIONS
Unless indicated otherwise from the context, the following terms
shall have the following meanings in this Contract. All definitions
are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or
statute that is the source of the definition is changed by the
adopting authority, the change shall be incorporated herein.
(1) "Agency" (as used in the context of the definitions
Wow) means and includes every public office, public
officer or official (State or local, elected or appointed),
institution, board, commission, bureau, council,
department, authority or other unit of government of the
State or of any county, unit, special district or other
political subagency of government. For other
purposes in this Contract, "Agency" means the entity
identified as one of the parties hereto.
(2) "Audit" means an examination of records or financial
accounts to verify their accuracy.
(3) "Certification of Compliance" means a report provided
by the Agency to the Office of the State Auditor that
states that the Grantee has met the reporting
requirements established by this Subchapter and
included a statement of certification by the Agency and
copies of the submitted grantee reporting package.
(4) "Compliance Supplement" refers to the North Carolina
State Compliance Supplement, maintained by the State
and Local Government Finance Agency within the
North Carolina Department of State Treasurer that has
been developed in cooperation with agencies to assist
the local auditor in identifying program compliance
requirements and audit procedures for testing those
requirements.
(5) "Contract" means a legal instrument that is used to
reflect a relationship between the agency, grantee, and
sub - grantee.
(6) "Fiscal Year" means the annual operating year of the
non -State entity.
(7) "Financial Assistance" means assistance that non-
State entities receive or administer in the form of
grants, loans, loan guarantees, property (including
donated surplus property), cooperative agreements,
interest subsidies, insurance, food commodities, direct
appropriations, and other assistance. Financial
assistance does not include amounts received as
reimbursement for services rendered to individuals for
Medicare and Medicaid patient services.
(8) "Financial Statement" means a report providing
financial statistics relative to a given part of an
organization's operations or status.
(9) "Grant" means financial assistance provided by an
agency, grantee, or sub - grantee to carry out activities
whereby the grantor anticipates no programmatic
involvement with the grantee or sub - grantee during the
performance of the grant.
(10) "Grantee" has the meaning in G.S. 143C- 6- 23(a)(2): a
non -State entity that receives a grant of State funds
Attachment A
DEQ Contract 7009
from a State agency, department, or institution but
does not include any non -State entity subject to the
audit and other reporting requirements of the Local
Government Commission. For other purposes in this
Contract, "Grantee" shall mean the entity identified as
one of the parties hereto. For purposes of this
contract, Grantee also includes other State agencies
such as universities.
(11) "Grantor" means an entity that provides resources,
generally financial, to another entity in order to achieve
a specified goal or objective.
(12) "Non -State Entity" has the meaning in N.C.G.S. 143C-
1-1(d)(18): A firm, corporation, partnership, association,
county, unit of local government, public authority, or
any other person, organization, group, or governmental
entity that is not a State agency, department, or
institution.
(13) "Public Authority" has the meaning in N.C.G.S. 159-
7(10): A municipal corporation that is not a unit of local
government or a local governmental authority, board,
commission, council, or agency that (i) is not a
municipal corporation, (ii) is not subject of the State
Budget Act, and (iii) operates on an area, regional, or
multiunit basis, and the budgeting and accounting
systems of which are not fully a part of the budgeting
and accounting systems of a unit of local government.
(14) "Single Audit" means an audit that includes an
examination of an organization's financial statements,
internal controls, and compliance with the requirements
of Federal or State awards.
(15) "Special Appropriation" means a legislative act
authorizing the expenditure of a designated amount of
public funds for a specific purpose.
(16) "Stale Funds" means any funds appropriated by the
North Carolina General Assembly or collected by the
State of North Carolina. State funds include federal
financial assistance received by the State and
transferred or disbursed to non -State entities. Both
Federal and State funds maintain their identity as they
are sub - granted to other organizations. Pursuant to
N.C.G.S. 143C- 6- 23(a)(1), the terms "State grant
funds" and "State grants" do not include any payment
made by the Medicaid program, the Teachers' and
State Employees' Comprehensive Major Medical Plan,
or other similar medical programs.
(17) "Sub - grantee" has the meaning in G.S. 143C -6-
23(a)(4): a non -State entity that receives a grant of
State funds from a grantee or from another sub - grantee
but does not include any non -State entity subject to the
audit and other reporting requirements of the Local
Government Commission.
(18) "Unit of Local Government has the meaning in G.S.
159- 7(b)(15): A municipal corporation that has the
power to levy taxes, including a consolidated city-
county as defined by G.S. 160B -2(1), and all boards,
agencies, commissions, authorities, and institutions
thereof that are not municipal corporations.
Relationships of the Parties
Independent Contractor: The Grantee is and shall be deemed
to be an independent contractor in the performance of this
Contract and as such shall be wholly responsible for the work to
be performed and for the supervision of its employees. The
Grantee represents that it has, or shall secure at its own
expense, all personnel required in performing the services under
this agreement. Such employees shall not be employees of, or
have any individual contractual relationship with, the Agency.
Subcontracting: To subcontract work to be performed under
this contract which involves the specialized skill or expertise
of the Grantee or his employees, the Grantee first obtains
prior approval of the Agency Contract Administrator. In the
event the Grantee subcontracts for any or all of the services
or activities covered by this contract: (a) the Grantee is not
relieved of any of the duties and responsibilities provided in
this contract; (b) the subcontractor agrees to abide by the
standards contained herein or to provide such information as
to allow the Grantee to comply with these standards, and; (c)
the subcontractor agrees to allow stale and federal authorized
representatives access to any records pertinent to its role as
a subcontractor.
Sub - grantees: The Grantee has the responsibility to ensure that
all sub - grantees, I any, provide all information necessary to
permit the Grantee to comply with the standards set forth in this
Contract.
Assignment: The Grantee may not assign the Grantee's
obligations or the Grantee's right to receive payment hereunder.
However, upon Grantee's written request approved by the
issuing purchasing authority, the Agency may:
(a) Forward the Grantee's payment check(s) directly to any
person or entity designated by the Grantee, or
(b) Include any person or entity designated by Grantee as
a joint payee on the Grantee's payment check(s).
Such approval and action does not obligate the State to anyone
other than the Grantee and the Grantee remains responsible for
fulfillment of all contract obligations.
Beneficiaries: Except as herein specifically provided otherwise,
this Contract inures to the benefit of and is binding upon the
parties hereto and their respective successors. It is expressly
understood and agreed that the enforcement of the terms and
conditions of this Contract, and all rights of action relating to such
enforcement, are strictly reserved to the Agency and the named
Grantee. Nothing contained in this document shall give or allow
any claim or tight of action whatsoever by any other third person.
It is the express intention of the Agency and Grantee that any
Attachment A
DEQ Contract 7009
third person receiving services or benefits under this Contract is
an incidental beneficiary only.
Indemnity
Indemnification: In the event of a claim against either party by
a third party arising out of this contract, the party whose actions
gave rise to the claim is responsible for the defense of the claim
and any resulting liability, provided that a party may not waive the
other party's sovereign immunity or similar defenses. The parties
agree to consult with each other over the appropriate handling of
a claim and, in the event they cannot agree, to consult with the
Office of the Attorney General.
Insurance: During the term of the contract, the Grantee at
its sole cost and expense provides commercial insurance
of such type and with such terms and limits as may be
reasonably associated with the contract. As a minimum,
the Grantee provides and maintains the following coverage
and limits:
Worker's Compensation: The Grantee provides
and maintains Worker's Compensation
insurance as required by the laws of North
Carolina, as well as employer's liability coverage
with minimum limits of $500,000.00, covering
all of Grantee's employees who are engaged in
any work under this contract. If any work is
sublet, the Grantee requires the subgrantee to
provide the same coverage for any of his
employees engaged in any work under this
contract.
Commercial General Liability: General Liability
Coverage on a Comprehensive Broad Form on an
occurrence basis in the minimum
amount of $1,000,000.00 Combined Single Limit.
(Defense cost shall be in excess of the limit of
liability.)
Automobile: Automobile Liability Insurance, to
include liability coverage, covering all owned,
hired and non -owned vehicles used in
performance of the contract. The minimum
combined single limit is $500,000.00 bodily injury
and property damage; $500,000.00
uninsured /underinsured motorist; and $25,000.00
medical payment.
Providing and maintaining adequate insurance
coverage is a material obligation of the Grantee and is
of the essence of this contract. The Grantee may
meet its requirements of maintaining specified
coverage and limits by demonstrating to the Agency
that there is in force insurance with equivalent
coverage and limits that will offer at least the same
protection to the Agency. Grantee obtains insurance
that meets all laws of the State of North Carolina.
Grantee obtains coverage from companies that are
authorized to provide such coverage and that are
authorized by the Commissioner of Insurance to do
business in North Carolina. The Grantee complies at
all times with the terms of such insurance policies,
and all requirements of the insurer under any such
insurance policies, except as they may conflict with
existing North Carolina laws or this contract. The
limits of coverage under each insurance policy
maintained by the Grantee do not limit the Grantee's
liability and obligations under the contract.
Default and Termination
Termination by Mutual Consent: Either party may terminate
this agreement upon thirty (30) days notice in writing from the
other party. In that event, all finished or unfinished
documents and other materials, at the option of the Agency,
be submitted to the Agency. If the contract is terminated as
provided herein, the Grantee is paid in an amount which
bears the same ratio to the total compensation as the
services actually performed bear to the total services of the
Grantee covered by this agreement; for costs of work
performed by subcontractors for the Grantee provided that
such subcontracts have been approved as provided herein; or
for each full day of services performed where compensation is
based on each full day of services performed, less payment of
compensation previously made. The Grantee repays to the
Agency any compensation the Grantee has received which is
in excess of the payment to which he is entitled herein.
Termination for Cause: If, through any cause, the Grantee
fails to fulfill in timely and proper manner the obligations
under this agreement, the Agency thereupon has the right to
terminate this contract by giving written notice to the Grantee
of such termination and specifying the reason thereof and the
effective date thereof. In that event, all finished or unfinished
documents, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by the Grantee, at the
option of the Agency, be submitted to the Agency, and the
Grantee is entitled to receive just and equitable compensation
for any satisfactory work completed on such documents and
other materials. The Grantee is not relieved of liability to the
Agency for damages sustained by the Agency by virtue of any
breach of this agreement, and the Agency may withhold
payment to the Grantee for the purpose of set off until such
time as the exact amount of damages due the Agency from
such breach can be determined.
Waiver of Default: Waiver by the Agency of any default or
breach in compliance with the terms of this Contract by the
Grantee is not a waiver of any subsequent default or breach and
is not a modification of the terms of this Contract unless stated to
be such in writing, signed by an authorized representative of the
Agency and the Grantee and attached to the contract.
Availability of Funds: The parties to this Contract agree and
understand that the payment of the sums specified in this
Contract is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose
to the Agency.
Attachment A
DEQ Contract 7009
Force Majeure: Neither party is in default of its obligations
hereunder if it is prevented from performing such obligations by
any act of war, hostile foreign action, nuclear explosion, riot,
strikes, civil insurrection, earthquake, hurricane, tomado, or other
catastrophic natural event or act of God.
Survival of Promises: All promises, requirements, terms,
conditions, provisions, representations, guarantees, and
warranties contained herein shall survive the contract expiration
or termination date unless specifically provided otherwise herein,
or unless superseded by applicable Federal or Stale statutes of
limitation.
Intellectual Property Rights
Copyrights and Ownership of Deliverables: Any and all
copyrights resulting from work under this agreement shall
belong to the Grantee. The Grantee hereby grants to the
North Carolina Department of Environmental Quality a
royalty -free, non - exclusive, paid -up license to use, publish
and distribute results of work under this agreement for North
Carolina State Government purposes only.
Compliance with Applicable Laws
Compliance with Laws: The Grantee understands and agrees
that it is subject to compliance with all laws, ordinances, codes,
rules, regulations, and licensing requirements that are applicable
to the conduct of its business, including those of federal, state,
and local agencies having jurisdiction and /or authority.
Equal Employment Opportunity: The Grantee understands
and agrees that it is subject to compliance with all Federal and
State laws relating to equal employment opportunity.
Confidentiality
Confidentiality: As authorized by law, the Grantee keeps
confidential any information, data, instruments, documents,
studies or reports given to or prepared or assembled by the
Grantee under this agreement and does not divulge or make
them available to any individual or organization without the prior
written approval of the Agency. The Grantee acknowledges that
in receiving, storing, processing or otherwise dealing with any
confidential information it will safeguard and not further disclose
the information except as otherwise provided in this Contract or
without the prior written approval of the Agency.
Oversight
Access to Persons and Records: The State Auditor and the
using agency's internal auditors shall have access to persons
and records as a result of all contracts or grants entered into
by State agencies or political subdivisions in accordance with
General Statute 147 -64.7 and Session Law 2010 -194, Section
21 (i.e., the State Auditors and internal auditors may audit the
records of the contractor during the term of the contract to
verify accounts and data affecting fees or performance). The
Contractor shall retain all records for a period of six (6) years
following completion of the contract or until any audits begun
during this period are completed and findings resolved,
whichever is later.
Record Retention: The Grantee may not destroy, purge or
dispose of records without the express written consent of the
Agency. State basic records retention policy requires all grant
records to be retained for a minimum of six (6) years or until all
audit exceptions have been resolved, whichever is longer. If the
contract is subject to Federal policy and regulations, record
retention may be longer than six (6) years since records must be
retained for a period of three years following submission of the
final Federal Financial Status Report, if applicable, or three years
following the submission of a revised final Federal Financial
Status Report. Also, if any lifigation, claim, negotiation, audit,
disallowance action, or other action involving this Contract has
started before expiration of the six (6) year retention period
described above, the records must be retained until completion of
the action and resolution of all issues which arise from it, or until
the end of the regular six (6) year period described above,
whichever is later.
Time Records: The GRANTEE will maintain records of the time
and effort of each employee receiving compensation from this
contract, in accordance with the appropriate OMB circular.
Miscellaneous
Choice of Law: The validity of this Contract and any of its terms
or provisions, as well as the rights and duties of the parties to this
Contract, are governed by the laws of North Carolina. The
Grantee, by signing this Contract, agrees and submits, solely for
matters concerning this Contract, to the exclusive jurisdiction of
the courts of North Carolina and agrees, solely for such purpose,
that the exclusive venue for any legal proceedings shall be Wake
County, North Carolina. The place of this Contract and all
transactions and agreements relating to it, and their situs and
forum, shall be Wake County, North Carolina, where all matters,
whether sounding in contract or tort, relating to the validity,
construction, interpretation, and enforcement shall be
determined.
Amendment: This Contract may not be amended orally or by
performance. Any amendment must be made in written form and
executed by duly authorized representatives of the Agency and
the Grantee.
Severability: In the event that a court of competent jurisdiction
holds that a provision or requirement of this Contract violates any
applicable law, each such provision or requirement shall continue
to be enforced to the extent it is not in violation of law or is not
otherwise unenforceable and all other provisions and
requirements of this Contract shall remain in full force and effect.
Headings: The Section and Paragraph headings in these
General Terms and Conditions are not material parts of the
agreement and should not be used to construe the meaning
thereof.
Attachment A
DEQ Contract 7009
Time of the Essence: Time is of the essence in the performance
of this Contract.
Care of Property: The Grantee agrees that it is responsible
for the proper custody and care of any State owned property
furnished him for use in connection with the performance of
his contract and will reimburse the State for its loss or
damage.
Ownership of equipment purchased under this contract rests
with the Agency. Upon approval of the Agency Contract
Administrator, such equipment may be retained by the
Grantee for the time the Grantee continues to provide
services begun under this contract.
Travel Expenses: All travel, lodging, and subsistence costs are
included in the contract total and no additional payments will be
made in excess of the contract amount indicated in above.
Contractor must adhere to the travel, lodging and subsistence
rates established in the Budget Manual for the State of North
Carolina.
Sales /Use Tax Refunds: If eligible, the Grantee and all sub -
grantees shall: (a) ask the North Carolina Department of
Revenue for a refund of all sales and use taxes paid by them in
the performance of this Contract, pursuant to G.S. 105- 164.14;
and (b) exclude all refundable sales and use taxes from all
reportable expenditures before the expenses are entered in their
reimbursement reports.
Advertising: The Grantee may not use the award of this
Contract as a part of any news release or commercial
advertising.
Recycled Paper: The Grantee ensures that all publications
produced as a result of this contract are printed double -sided on
recycled paper.
Sovereign Immunity: The Agency does not waive its sovereign
immunity by entering into this contract and fully retains all
immunities and defenses provided by law with respect to any
action based on this contract.
Gratuities, Kickbacks or Contingency Fee(s): The parties
certify and warrant that no gratuities, kickbacks or contingency
fee(s) are paid in connection with this contract, nor are any fees,
commissions, gifts or other considerations made contingent upon
the award of this contract.
Lobbying: The Grantee certifies that it (a) has neither used
nor will use any appropriated funds for payments to lobbyist;
(b) will disclose the name, address, payment details, and
purpose of any agreement with lobbyists whom the Grantee
or its sub -fier contractor(s) or sub-grantee(s) will pay with
profits or non - appropriated funds on or after December 22,
1989; and (c) will file quarterly updates about the use of
lobbyists if material changes occur in their use.
Attachment A
DEQ Contract 7009
By Executive Order 24, issued by Governor Perdue, and N.C.
G.S.§ 133.32: It is unlawful for any vendor or contractor ( i.e.
architect, bidder, contractor, construction manager, design
professional, engineer, landlord, offeror, seller, subcontractor,
supplier, or vendor), to make gifts or to give favors to any State
employee of the Governor's Cabinet Agencies (i.e.,
Administration, Commerce, Correction, Come Control and Public
Safety, Natural and Cultural Resources, Environmental Quality,
Health and Human Services, Juvenile Justice and Delinquency
Prevention, Revenue, Transportation, and the Office of the
Governor). This prohibition covers those vendors and
contractors who:
(1) have a contract with a governmental agency; or
(2) have performed under such a contract within the past
year; or
(3) anticipate bidding on such a contract in the future.
For additional information regarding the specific requirements and
exemptions, vendors and contractors are encouraged to review
Executive Order 24 and G.S. Sec. 133-32.
Executive Order 24 also encouraged and invited other State
Agencies to implement the requirements and prohibitions of the
Executive Order to their agencies. Vendors and contractors
should contact other State Agencies to determine if those
agencies have adopted Executive Order 24."
Attachment B
DEC Contract 7009
North Carolina Division of Water Resources
Water Resources Development Grant Application
Mason Creek/Atlantic Intracoastal Waterway Crossing
2016/2017
Maintenance Dredging Event
Submitted by
New Hanover County
in coordination with
The Mason Inlet Preservation Group
12 September 2016
Attachment B
DEQ Contract 7009
Date: 1 12 September 2016
Project Name: Mason Creek/AIWW Crossing Maintenance Dredging Event
Water Body: Mason Inlet Complex
County: New Hanover County
River Basin: Cape Fear River
Project Sponsor: New Hanover County
Chris Coudriet, County Manager
230 Government Center Drive
Wilmington, NC 28403
Primary Contact: H. Layton Bedsole Jr., R.E.M.
Shore Protection Coordinator
230 Government Center Drive
Suite 160
Wilmington, NC 28403
Phone: 910-798-7104
Email: Ibedsole(a nhcgov.com
Cover Page Mason Creek and Atlantic InVacoe W Water yCrossing Source: GBA 2016
2
Attachment B
DEQ Contract 7009
Project Overview:
The Mason Inlet Relocation Project (MIRP) was North Carolina's (NC) first inlet relocation effort,
initially constructed in 2002. The MIRP has successfully managed the Mason Inlet complex
inclusive of the Atlantic Intracoastal Waterway (AIWW) crossing, Mason Creek, the creek's
confluence with Banks Channel, Mason Inlet proper and the ebb tide delta (Figure One).
Figure One, Flan View.
New Hanover County (NHC) holds all permits and manages the project on behalf of the Mason
Inlet Preservation Group (MIPG). The MIPG is a group of approximately 1000 parcel owners
(private citizens) half from Wrightsville Beach and half from Figure Eight Island. The MIPG
members have fiscally supported the original 2002 relocation effort and subsequent
maintenance /management tasks. The project has a navigation component within the AIWW
crossing and an inlet location component for ensuring healthy inlet shoulders. Elements of the
Mason Inlet complex has template design dimensions equivalent to shallow draft inlets located
in southeastern NC. Many of NC's shallow draft inlet crossings including the Mason Creek
crossing are maintained at AIWW design standards of -12 feet (ft.) ( ±2 ft.) mean low water (mlw)
with a channel bottom width of 90 ft. The inlet complex design, alignment and template
dimensions allow for sediment flushing and tidal prism access as a connecting channel from the
Atlantic Ocean to the AIWW.
Attachment B
DEQ Contract 7009
Project Narrative:
The MIRP is authorized under the North Carolina Division of Coastal Management (NCDCM)
permit #151 -01 and the US Army Corps of Engineers (USACE) Permit #1999- 01052. The MIRP
has multiple facets which act as trigger points for maintaining inlet system features. The
USACE, Wilmington District evoked Federal Permit Condition 17 on 8 July 2016 (attached).
USACE Permit Condition 17 states:
"If the District Engineer, in his sole discretion, determines that shoaling has occurred
within the AIWW on Tangent 12, Section 3 between monuments T12 -8 and T12 -41,
at any time during the life of the project and that such section should be dredged in
order to maintain safe and efficient navigation on the AIWW, he will so notify the
permittee in writing."
The MIRP's authorization includes dredge material management at three onsite locations (1)
AIWW confined disposal facility (CDF) 241 and along 10,000 linear feet of oceanfront shoreline
on (2) Wrightsville Beach and /or (3) Figure 8 Island.
NHC also manages the MIRP's financial administration including assessment of applicable
parties within MIPG for the cost of maintaining /managing project elements. The MIRP is initially
funded through the NHC room occupancy tax (ROT) which is then refunded through the
project's reimbursement protocols. The MIRP's administration and management meets all
applicable contracting laws of public funding by local governments. NHC participates in the
oversight of all administrative actions as well as maintenance activities. The AIWW crossing as
well as Mason Creek east to the ocean are public trust waters and bottoms with practicable
public access. The MIPG, in conjunction with NHC, holds the responsibilities of the MIRP's
operation and maintenance.
Attachment B
DEQ Contract 7009
Project Reaches:
AIWW Crossing
The MIRP includes approximately 3,000 ft. of the AIWW from Station 70 +00 to 100 +00 in
Section 3, Tangent 12 (Figure Two). Permit stipulations require removal of any shoaled
material the USACE District Engineer considers a result of the MIRP. The AIWW maintenance
template has a -12 ft. (t2 ft.) mlw depth with a bottom toe width of 90 ft. Figure Two A
represents a July 2016 bathymetric survey depicting shoaling within these project reaches.
AM IN
Attachment B
DEQ Contract 7009
Mason Creek and CDF 241
The Mason Creek confluence with the AIWW includes a 90 -foot widener with a template depth
transitioning to the AIWW's depth. Figure Three depicts inlet features including the AIWW
confluence with Stations 58 +00 through 55 +00 at the mouth of Mason Creek. Figure Three A is
a 2016 aerial of CDF 241 to be used for dredge material management.
Attachment B
DEQ Contract 7009
Project Plan:
The MIRP has multiple maintenance event triggers; the primary navigation trigger is shoaling
within the AIWW crossing and the USACE notification for shoal removal. On 8 July 2016, NHC
received written USACE notification to remove the accumulated sand within the USACE's
AIWW crossing. The notification called for the event to occur during the upcoming
environmental window (16 Nov — 30 Mar). The sand removed will be managed in the adjacent
CDF 241. This CDF was recently used in 2014 for similar maintenance material management.
This maintenance event is market driven by fiscal obligations, the dredging sector's project
interest and dredge equipment availability. NHC anticipates a construction start date after 16
November 2016 and an anticipated completion date before 31 March 2017. The following table
specifies the shoaled volumes surveyed in July 2016.
Project Volumes
2016 July Surveys
cubic yards c
12 ft. Grade
52,000
+ -2 ft. Allowed
23,000
Total Available
75,000
The shoaled material within the AIWW and crossing meets the sediment criteria overseen by
the NCDCM for upland and /or shoreline beneficial reuse. These smaller volumes located at or
near the AIWW crossing have been managed within the USACE's CDF 241. In time, the CDF
volumes will be recycled and beneficially reused.
Regional Benefits:
The MIRP continues to protect public and private infrastructure, small businesses, tax bases,
tourism and important ecological niches. When maintained, Mason Inlet promotes tidal flushing
within the engineered template as well as within the adjoining marshes and nearby tidal creeks.
The project supports multiple anthropogenic uses such as pedestrian access, fishing, shelling,
birding and surfing. Ecological benefits include marsh habitat, colonial and migratory bird
habitat, sea turtle habitat, essential fish habitat, primary nursery areas for finfish, shellfish and
macro - benthics. If allowed to return to a southern migrating pattern, many of the benefits
mentioned would be compromised including potential navigation within reaches of the AIWW.
Attachment o
DEQ Contract 7009
Project Budget:
The assessment capability is one of the primary reasons why NHC is part of this private sector's
project. NHC has the ability to 000eoo M|PG members for accrued expenses.
Maintenance/management costs are paid from NHC'o ROT fund and then the applicable &4|PG
members are assessed reimbursing the fund.
The following suggested budget reflects pre-event efforts kjeygn, plans and specifications,
pennitbng, bidding and pre-maintenance surveys); construction and post-event efforts (as-buiKo
and project ounnnnery).
Project Name! Almost CreekAIRIIA' Project, 2016,1017 Maintenance Event
Other
N on-
Federal
Design
pennitting
S.—y (pre construction)
Surs,ey (post construction)
Construction Management
construction
Education
Cash
Monitoring 01HAlUeria I)
Land
Cash
DX%'R OeNrticipation
66.6-..
33.W.1
cipation
Attachment B
DEQ Contract 7009
Conclusion:
The Mason Inlet Relocation Project is located in New Hanover County within the Cape Fear
River Basin. The inlet location project is maintained within an authorized engineered corridor
separating Wrightsville Beach to the south and Figure 8 Island to the north. Managed by New
Hanover County on behalf of the Mason Inlet Preservation Group, the project is funded by
approximately 1000 parcel owners. The project maintains a navigation template within the
AIWW crossing at -12 ft. ( ±2 ft.) mlw. The system design supports a tidal prism accessible by a
connecting channel from Mason Creek to Mason Inlet at a depth of -8 ft. (t2 ft.) mlw.
In response to the US Army Corps of Engineers' permit mandate and in coordination with the
Mason Inlet Preservation Group, New Hanover County is requesting a Water Resources
Development Project Grant supporting the Mason Inlet Relocation Project's 2016/2017 Mason
Creek/Atlantic Intracoastal Waterway Crossing maintenance dredging event. This project will
restore the template dimensions at the Atlantic Intracoastal Waterway crossing and Mason
Creek widener. The applicable project costs are - $1.29M and New Hanover County is
submitting a grant request of 66.67% or -$860K of the Mason Inlet Relocation Project's
administration /design /permitting /surveying and construction fees associated with this
maintenance event. Mason Inlet Preservation Group members, in coordination with New
Hanover County, will meet the remaining 33.33% or - $430K. All project reimbursements will be
supported by invoices received and approved by New Hanover County via the project engineer
of record.
The New Hanover County Board of County Commissioners has passed a resolution supporting
this grant request (attached). New Hanover County, in coordination with the Mason Inlet
Preservation Group, humbly requests this Water Resources Development Project Grant of
-$860K for the 2016/2017 Mason Creek/Atlantic Intracoastal Waterway Crossing maintenance
dredging event.
Attachment C
DEO Contract 7009
CERTIFICATION OF ELIGIBILITY
Under the Iran Divestment Act
Pursuant to G.S. 147 - 86.59, any person identified as engaging in investment activities in Iran,
determined by appearing on the Final Divestment List created by the State Treasurer pursuant
to G.S. 147 - 86.58, is ineligible to contract with the State of North Carolina or any political
subdivision of the State. The Iran Divestment Act of 2015, G.S. 147 -86.55 et seq.* requires that
each vendor, prior to contracting with the State certify, and the undersigned on behalf of the
Vendor does hereby certify, to the following:
1. that the vendor is not identified on the Final Divestment List of entities that the State
Treasurer has determined engages in investment activities in Iran;
2. that the vendor shall not utilize on any contract with the State agency any subcontractor
that is identified on the Final Divestment List; and
3. that the undersigned is authorized by the Vendor to make this Certification.
Vendor: NlR kL\ C�dey cNif1k�
By: C-Yk 9-e w L q 1 '231 1 ip
Signature Date
L -"r' fEkd C- tw.oA CAC-e(-
Printed Name Title
The State Treasurers Final Divestment List can be found on the State Treasurer's website at the address:
https: / /www.nctreasu rer.com /inside- the - department /OpenGovernment /Pages /I ra n- Divestment - Act- Resources.asr)x
and will be updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment
Policy, please contact Meryl Murtagh at Meryl.Murtagh@nctreasurer.com or (919) 814 -3852.
* Note: Enacted by Session Law 2015 -118 as G.S. 143C -55 et seq., but has been renumbered for codification at the
direction of the Revisor of Statutes.