FY20 ENGINEERING MASON INLET DREDGING CONTRACT 8043 FULLY EXECUTEDGRANT CONTRACT NO. 8043
8043 SDNF Mason Inlet Dredging
STATE OF NORTH CAROLINA GRANTEE'S FEDERAL
COUNTY OF WAKE IDENTIFICATION
NUMBER: *`m'0324
North Carolina Department of Environmental Quality
Financial Assistance Agreement
This financial assistance agreement is hereby made and entered into this November 4, 2099, by and between the NORTH
CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (the "Department") and NEW HANOVER COUNTY (the
"Grantee").
1. Audit and Other Repordng Requirements of the Local Government Commission. If subject to the audit and other
reporting requirements of the Local Government Commission pursuant to Article 3 of Chapter 159 of the North Carolina
General Statutes (Local Government Budget and Fiscal Control Act), the Grantee understands and agrees that the terms,
conditions, restrictions and requirements hereinafter set forth shall only apply to the extent not inconsistent with, or
superseded by, the audit and other reporting requirements of the Local Government Commission.
2. Contract Documents. The agreement between the parties consists of this document (the 'Contract Cover") and its
attachments, which are identified by name as follows:
a. State's General Terms and Conditions (Attachment A)
b. Department's Request for Proposal (°RFP' (Attachment B)
c. Grantee's Response to RFP, including scope of work, line item budget, budget narrative and, if applicable, indirect
cost documentation (hereinafter referred to generally as the 'Award Proposal") Conflict of Interest (Attachment C)
d. Notice of Certain Reporting and Audit Requirements (Attachment D)
Together, these documents (the 'Contract Documents") constitute the entire agreement between the parties (the
"Agreement"), superseding all prior oral or written statements or agreements. Modifications to this Contract Cover or to
any other Contract Document may only be made through written amendments processed by the Department's Financial
Services Division. Any such written amendment must be duly executed by an authorized representative of each party.
3. Precedence Among Contract Documents. In the event of a conflict or inconsistency between or among the Contract
Documents, the document with the highest relative precedence shall prevail. This Contract Cover shall have the highest
precedence. The order of precedence thereafter shall be determined by the order of documents listed in § 2 above, with
the first -listed document having the second-highest precedence and the last -listed document having the lowest
precedence. If there are multiple contract amendments, the most rent amendment has the highest precedence and the
oldest amendment has the lowest precedence.
4. Contract Period. This Agreement shall be effective from November 4, 2019 to December 31, 2021, inclusive of those dates.
5. Grantee's Duties. As a condition of the grant award, the Grantee agrees to:
a. Undertake and deliver the grant award project, plan or services as described in the Award Proposal (Attachment C),
adhering to all budgetary provisions set out therein throughout the course of performance.
b. Ensure that all award funds are expended in a manner consistent with the purposes for which they were awarded, as
described more fully in the attached Contract Documents.
1 The contract documents attached hereto may at times use altemadve terms to describe the Grantee. Such terms might include, but are not
necessarily limited to, the fonowing (n common or proper form); 'recipient," "applicant,' or 'participant.'
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GRANT CONTRACT NO. 8043
8043 SDNF Mason Inlet Dredging
c. Comply with the requirements of 09 NCAC 03M .010 1, et seq. (Uniform Administration of State Awards of Financial
Assistance), including, but not limited to, those provisions relating to audit oversight, access to records, and availability
of audit walk papers in the possession of any auditor of any recipient of State funding.
d. Comply with the applicable provisions of Attachment D, Notice of Certain Reporting and Audit Requirements.
e. Wintaln all records related to this Agreement (i) fora period of six (6) years following the date on which this Agreement
expires or terminates, or (ii) until all audit exceptions have been resolved, whichever is longer.
f. Comply with all laws, ordinances, codes, rules, regulations, and licensing requirements applicable to its performance
hereunder and/or the conduct of its business generally, including those of Federal, State, and local agencies having
jurisdiction and/or authority.
g. Obtain written approval from the Department's Contract Administrator (see § 14 below) prior to making any subaward
or subgrant not already described in the Award Proposal.
h. Ensure that the terms, conditions, restrictions and requirements of this Contract Cover, including those incorporated
by reference to other Contract Documents and/or applicable law, are made applicable to, and binding upon, any
subgrantee who receives as a subaward or subgrant any portion of the award funds made available to the Grantee
hereunder.
1. Take reasonable measures to ensure that any subgrantee (i) complies with the terms, conditions, restrictions and
requirements set forth in this Contract Cover, including those incorporated by reference to other Contract Documents
and/or applicable law, and (ii) provides such information in its possession as may be necessary for the Grantee to
comply with such terms, conditions, restrictions and requirements,
6. Historically Underutilized Businesses. Historically Underutilized Businesses (HUBs) consist of minority, women and
disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also
included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled.
Pursuant to G.S. 14313-1361(a), 143-48 and 143-128.4, the Department invites and encourages participation in this
procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work
centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this
contract Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized
Businesses at (919) 807-2330.
7. Department's Duties. The Department shall pay the Grantee in the manner and amounts specified below and in
accordance with the approved budget set forth in the Award Proposal.
8. Total Award Amount. The total amount of award funds paid by the Department to the Grantee under this Agreement
shall not exceed THREE MILLION EIGHT HUNDRED TEN THOUSAND NINE HUNDRED FORTY-EIGHT DOLLARS
($3,810,948.20) (the'Total Award Amount'). This amount consists of:
Funding
Type of Funds Funding Source CFDA No.
Appropriations ISDNCD&AW N/A
Account Coding Information:
Dollars GL Company
GL Account
GL Center
$3,810,948.20 1602
536990
2182
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GRANT CONTRACT NO. 8043
8043 SDNF Mason Inlet Dredging
Grantee Matching Information:
t ] 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:
In -Kind
Cash
Cash and In -Kind
Other /
[ X ] c. The Grantee's matching requirement is $1,905,188.30, which shall consist of:
In -Kind
X Cash
Cash and In -Kind
Other / Specif r::
[ ] d. The Grantee is committing to an additional $ to complete the project or services described in the Award Proposal.
Based on the figures above, the total contract amount is $5,716,136.50.
9. Invoice and Payment. The award funds shall be disbursed to the Grantee in accordance with the following provisions:
a. The Grantee shall submit invoices to the Department's Contract Administrator at least quarterly. The final invoice
must be received by the Department within forty-five (45) days following the date on which termination or expiration
of this Agreement becomes effective. Amended or corrected invoices must be received by the Department's Financial
Services Division within six (6) months of such date. Any invoice received thereafter shall be returned without action.
10. Grantee's Fiscal Year. The Grantee represents that its fiscal year is from July 1 to June 30.
11. Availability of Funds. The Grantee understands and agrees that payment of the sums specified herein shall be subject
to, and contingent upon, the allocation and appropriation of funds to the Department for the purposes described in this
Agreement.
12. Reversion of Unexpended Funds. The Grantee understands and agrees that any unexpended grant funds shall revert
to the Department upon termination of this Agreement.
13. Supplantation of Expenditure of Public Funds. The Grantee understands and agrees that funds received pursuant to
this Agreement shall be used only to supplement, not to supplant, the total amount of Federal, State and local public
funding that the Grantee would otherwise expend to carry out the project or services described in the Award Proposal.
14. Contract Administrators. Each party shall submit notices, questions and correspondence related to this Agreement to
the other party's Contract Administrator. The contact information for each party's Contract Administrator is set out below.
Either party may change its Contract Administrator and/or the associated contact information by giving timely written notice
to the other party.
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GRANT CONTRACT NO. 8043
8043 SDNF Mason Inlet Dredging
Grantee Contract Administrator
Department's Contract Administrator
Layton Bledsole, Shore Protection Coordinator
Coley Cordedo, Ph.D., GISP
New Hanover County
Coastal Infrastructure Projects Manager
230 Government Center Drive
Division of Water Resources
Wilmington, NC 28403
1611 Mail Service Center
Telephone: 910-798-7104
Raleigh, NC 27699-1611
Fax:
Telephone: 919-707-9013
Email:lbedsole nh ov.com
Email: coley.cordedo@ncdenr.gov
15. Assignment. The Grantee may not assign its obligations or its rights to receive payment hereunder.
16. Procurement. The Grantee understands and agrees that all procurement activities undertaken in connection with
this Agreement shall be subject to the following provisions:
a. None of the work or services to be performed under this Agreement involving the specialized skill or expertise of the
Grantee shall be contracted without prior written approval from the Department.
b. In the event the Grantee or any subrecipient of the Grantee contracts for any of the work to be performed hereunder,
the Grantee shall not be relieved of any duties or responsibilities herein set forth.
c. The Grantee shall not contract with any vendor who is restricted from contracting with the State of North Carolina
pursuant to N.C.G.S. §§ 143-133.3, 143-59.1, 143-59.2 or 147.86.60.
17. Subawards, The Grantee understands and agrees that any subaward or subgrant of any portion of the financial assistance
provided hereunder shall not relieve the Grantee of any duties or responsibilities herein set forth.
18. Title VI and Other Nondiscrimination Requirements. Throughout the course of its performance hereunder, the Grantee
shall comply with all applicable State and Federal laws, regulations, executive orders and policies relating to
nondiscrimination, including, but not limited to:
Title VI of the Civil Rights Act of 1964, as amended;
Civil Rights Restoration Act of 1987, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended;
Age Discrimination Act of 1975, as amended;
Titles it and III of the Americans with Disabilities Act of 1990, as amended;
Title IX of the Education Amendments of 1972, as amended;
Part III of Executive Order No. 11246 (September 24, 1965), as amended; and
Section 13 of the Federal Water Pollution Control Act Amendments of 1972.
In accordance with the above laws and their implementing regulations, the Grantee agrees to ensure that no person in the
United States is, on the basis of race, color, national origin, sex, age or disability, excluded from participation in, denied
the benefits of, or subjected to discrimination under any program or activity for which the Grantee receives Federal
assistance. For purposes of this provision, "program or activity" shall have the meaning ascribed to that term under Federal
law (see 42 t1.S.C.S. § 2000d4a).
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GRANT CONTRACT NO. 8043
8043 SDNF Mason Inlet Dredging
The Grantee understands and acknowledges that, in addition to itself, any lower -tier recipient of the financial assistance
provided hereunder must also comply with the requirements of this section. Accordingly, the Grantee agrees to include a
similar provision in any financial assistance agreement made with any lower -tier recipient of such assistance.
19. E•Verify. To the extent applicable, the Grantee represents that A and each of its subgrantees, contractors and/or
subcontractors performing work pursuant to, or in association with, this Agreement are in compliance with Article Z of
Chapter 64 of the North Carolina General Statutes, including, in particular, the requirement that certain employers verify
the work authorization of newly hired employees using the Federal E -Verify system.
20. Termination by Mutual Consent This Agreement may be terminated by mutual consent of the padres, provided the
consent is documented in writing and duly executed by an authorized representative of each party.
21. Survival. Any provision contained in this or any other Contract Document that contemplates performance or observance
subsequent to the termination or expiration of this Agreement shall survive the termination or expiration hereof and continue
in full forte and effect.
22. Signature Warranty. The undersigned represent and warrant that they are authorized to bind their principals to the terms
and conditions of this Contract Cover and the Agreement generally, including those incorporated by reference to applicable
law.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by the duly authorized
representative in duplicate originals, one of which is retained by each of the Parties.
NEW HANOVER C
By
rantee's Signature
Printed Name and Title
c Organization
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
By,
SignWdre of Depai�m6nt H or orized Agent
Tommy Purchasing Director
Printed Name and Title
Financial Services Division imha. ing and Contracts Section
Division/Section
ORIGINAL
Page 5 of 5
General Terris and Conditions
Govenmentaf 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 ung 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
below) 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 sub -agency 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 focal 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. 143-6.2(b): a
non -State entity that receives a grant of State funds
from a State agency, department, or institution but
Attachment A
DEQ Contract 8043
does not include any non -State entity subject to the
audit and other reporting requirements of the Local
Govemment 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) "Nuri -State Entity" has the meaning in N.C.G.S. 143-
6.2(a)(1): 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. 143-
6.2(a)(3): A municipal corporation that is not a unit of
local government or a local governmental authority,
board, commission, council, or agency that (f) Is not a
municipal corporation and (ii) operates on an area,
regional, or multiunit basls, 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 Audita 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) "State 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. 143-6.2(b), 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. 143-6.2(b): 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.
143-6.2(a)(2): A municipal corporation that has the
power to levy taxes, including a consolidated city
county as defined by G.S. 1608-2(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 speclailzed 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 state 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, If 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 insures to the benefit of and is binding upon the
parties hereto and their respective wcoessors. 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
enforoement, are strictly reserved to the Agency and the named
Grantee. Nothing contained in this document shall give or allow
any claim or right of action whatsoever by any other third person.
It Is the express intention of the Agency and Grantee that any
third person receiving services or benefits under this Contract is
an incidental beneficiary only.
Attachment A
DEQ Contract 8043
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 daim and, in the event they cannot agree, to consult with the
Office of the Attorney General.
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, alf 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 Defautt: 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 spedfied In this
Contract is dependent and contingent upon and subject to the
appropriation, allocation, and availability of funds for this purpose
to the Agency.
Force Majeure: Neither party is in default of its obligations
hereunder if and it is prevented from performing such obligations
by any act of war, hostile foreign action, nucim explosion, riot,
strikes, civil insurrection, earthquake, hurricane, tornado, 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 State statutes of
limitation.
Intellectual Property Rigtrts
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 Environment and Natural
Resources 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 witrh Laws: The Grantee understands and agrees
that 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 opportunityy.
Confidentiality
Confidentiallty: 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
Attachment A
DEQ Contract 8043
Contractor shall retain all records for a period of three 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 five 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 five 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 litigation, claim, negotiation, audit,
disallowance action, or other action involving this Contract has
started before expiration of the five-year retention period
described above, the records must be refined until completion of
the action and resolution of all issues which arise from it, or until
the end of the regular five-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 temps
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 Nath 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.
Time of the Essence: rime is of the essence in the performance
of this Contract
Care of Property: The Grantee agrees that it is be
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.
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 ali publications
produced as a result of this contract are printed double -sided on
recycled paper.
Sovereign Immunity: The Agency does not waive its soverelgn
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, Kiftacks 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 -tier contractor(s) or sub -grantees) 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.
By Executive Order 24, issued by Governor Perdue, and N.C.
G.S.§ 133.32: It is unlawful for any vendor or contractor ( 1.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, Crime Control and Public
Safety, Cultural Resources, Environment and Natural Resources,
Attachment A
DEQ Contract 8043
Health and Human Services, Juvenile Justice and Delinquency
Prevention, Revenue, Transportation, and the Office of the
Governor). This prohibition coven; 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. See. 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.°
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2019 - 2020
Administered by: N.C. Department of Environmental Quality (DEQ), Division of Water
Resources (DWR), 1611 Mail Service Center, Raleigh, N.C., 27699-1611. Contact Coley Cordeiro
at Coley.CordeiroOncdenr.gpv or (919) 707-9013
Authority: DWR is authorized to provide grants to local governments for water resources
development projects by N.C. Gen. Stat �� - 3-215.70-.73 and 15A NCAC 02G.0100.
Who is Eligible: Units of local government
Application Deadlines: Applications can be received throughout the year for navigation
projects on an as needed basis.
Funding Source: North Carolina Shallow Draft Navigation Channel Dredging and Aquatic Weed
Fund (N.C. Gen. Stat b 143-215,73F)
Eligible Purposes and Cost -Share Percentages: According to N.C. Gen. Stat ' 143-21.5.73F,
revenue in the Fund may only be used to provide the State's cost share of the costs associated
with any dredging project designed to keep shallow draft navigation channels located in State
waters or waters of the State located within lakes navigable and safe. Any project funded by
revenue from the Fund must be cost -shared with non -State dollars as follows: 1) The cost -share
for dredging projects located, in whole or part, in a development tier one area, as defined in N.C.
Gen. Stat. S 14313-437.0, shall be at least one non -State dollar for every three dollars from the
Fund (Tier 1 county match: 75% State/25% Local). 2) The cost share for dredging projects not
located, in whole or part, in a development tier one area shall be at least one non -State dollar for
every two dollars from the Fund (Tier 2 & 3 county match: 66.67% State/33.33% Local).
Ineligible Costs
The following costs will not be paid with State nourishment funds nor used to provide the
required local share:
Costs incurred outside of the contract period.
Indirect or overhead costs of the municipality, such as rent, telephone service, and general
administrative support
+ Salaries and other expenses of elected officials, whether incurred for purposes of project
direction, execution, or legislation, are not an eligible cost
Additional Information:
Funding provided from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
must be primarily for general or recreational navigation purposes. Additional project outcomes
from a navigation project such as beneficial placement of beach compatible material must be a
secondary reason for the project (if applicable). Dredging around ship berths, piers, docks and
access to private docks are not eligible for funding from the Shallow Draft Navigation Channel
Dredging and Aquatic Weed Fund.
Attachment B
DEQ Contract 8043
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2019 - 2020
Application Submittal: All required forms and grant information can be found at the
WRDGP website.
Application Spreadsheet (MS Excel) - Applications should be completed and returned via email to
Coley Cordeiro at Ooley.Cordeiro ncdenr.gov. The complete application will be included in the
DEQ contract documentation and the project budget will serve as the basis for the contract's
financial documentation should a project be recommended for funding. Therefore, it is very
important that its contents are accurate and complete.
Project Plan and Location Maps - Project plans, a survey of the dredge site, and a survey of the
dredge material disposal site (if applicable).
Official Resolution -As required in 15A NCAC 02G.0100, the Project Sponsor shall include a resolution
adopted by the governing board stating the amount of State aid requested and accepting the
Project Sponsor's responsibilities. The Official Resolution must be signed by a
representative of the Project Sponsor with signatory authority and state that the local
unit of government will:
1. Assume full obligation for payment of the balance of project costs.
2. Obtain all necessary State and Federal environmental permits.
3. Comply with all applicable laws governing the award of contracts and the expenditure of
public funds by local governments.
4. Supervise construction of the project to ensure compliance with permit conditions and to
agree to provide safe and proper construction in accordance with approved plans and
specifications.
5. Obtain appropriate easements, rights-of-way or suitable dredge material disposal areas
that may be necessary for the construction and operation of the project without cost or
obligation to the State.
6. Ensure that the project is open for use by the public on an equal basis with limited
restrictions (if on public property).
7. Hold the State harmless for any damages that may result from the construction, operation,
and maintenance of the project.
S. Accept responsibility for operation and long-term maintenance of the completed
project.
An Official Resolution template is available for download from the WRDGP website. The Project
Sponsor may not revise or eliminate provisions from the Official Resolution template unless they
have submitted written justification to DWR and received DWR's approval. Supplementary
provisions may be added to address unique circumstances of a particular project.
No Conflict of Interest -C ertiflcation - Project Sponsors must provide certification that the
Project Sponsor, Project Sponsor's subordinates and any person or persons designated to act on
behalf of the Project Sponsor does not have an actual or apparent conflict of interest with respect
to the project. A representative of the Project Sponsor with signatory authority shall sign this
Attachment B
DEQ Contract BM
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2019 - 2020
certification, which is available for download from the WRDGP website.
Jupplementaa Documentation - The Project Sponsor may provide supplementary
documentation (reports, photos, letters of support, etc.) as separate attachments via email as part
of the application submittal. Application supplementary documents should be emailed to Coley
Cordeiro at Coley.CordeiroOricderingov.
Nate: It is the Project Sponsor's responsibility to ensure the application submitted to DWR is
accurate and complete. Erroneous or incomplete information in an application may prevent a
project from being recommended for grant funding and may delay processing of contracts and
funds for approved projects.
Any changes to the original project budget and/or project scope submitted with the application
will require the prior written approval of DWR and may also require a DEQ contract amendment
Unapproved changes to the project scope or budget throughout the course of a project will not be
eligible for cost -share funding or reimbursement
Grant Application Review and Approval
N.C. Gen. Stat 4143-215.70-73 requires that Grants for Water Resources Development Projects
consider the following criteria to approve, approve in part, or disapprove grant applications:
1. The economic, social, and environmental benefits to be provided by the projects;
2. Regional benefits of projects to an area greater than the area under the jurisdiction of the
local sponsoring entity;
3. The financial resources of the local sponsoring entity;
4. The environmental impact of the project;
5. Any direct benefit to State-owned lands and properties.
Post Grant Funding Award
Acceptance of a grant award will require the Project Sponsor to enter into a grant contract with
DEQ. Any changes to the scope of the project or project budget after submission of a grant
application will require the written approval of the DWR Grant Administrator and may also
require a DEQ contract amendment In seeking DWR approval, the Project Sponsor must submit,
at a minimum, a justification for any proposed changes, revised scope of work narrative, and a
revised budget Unapproved changes to the project scope or budget shall not be eligible for, and
may result in additional reductions to, cost -share funding or reimbursement.
A DEQ grant contract is considered 'fully -executed' once it has been signed by both a signatory
authority of the Grantee and DEQ Financial Services. A copy of the fully -executed contract shall be
provided to the Grantee after being signed by DEQ. No portion of work or expenditure of funds
for the project, plan or services shall begin prior to receiving a fully -executed contract from DEQ.
Unforeseen circumstances such as legislative, policy or funding allocation changes may delay
award notifications.
Attachment B
DEQ Contract 8043
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed fund
G 'd I' FY 2M a 2020
Project Sponsor Obligation - Environmental Permitting
All proposed projects are subject to environmental review and permitting under applicable
federal and State law. It is the Project Sponsor's responsibility to prepare, provide and remain in
compliance with all applicable environmental permitting requirements.
Extension Request
Grant award recipients may request a contract extension if a justification for the extension can
be sufficiently documented. An extension is granted at the discretion of DWR An extension
request shall be submitted at least 45 days prior to the contract expiration date by the Project
Sponsor or primary contact on official letterhead to Coley.Cordeiro@ncdenr.gov. At a minimum,
the extension request shall include:
1. justification for the extension request
2. Summary of the current project status
3. Anticipated project schedule moving forward
Extension requests that are approved by DWR will require a grant contract modification by DEQ.
Grant Reimbursement Payments
The grant award amount is the maximum possible reimbursement amount. Only expenditures
incurred after a fully executed contract that are detailed in the contract budget are eligible for
reimbursement. Allowable expenditures are expenditures associated with the work performed
for a specific invoicing cycle that are in accordance with the DWR-approved application budget
sheet for the project. Reimbursement requests can be submitted no more frequently than
monthly. DWR will normally pay the Grantee by check or electronically within 30 days of receipt
of the statement of expenses, provided the expenses are in accordance with the project
information shown in the initial request or as amended. If the Grantee decides that significant
changes to a project's scope from that in the original application are necessary, the Grantee must
send a request in writing to the DWR Grant Administrator and receive approval of those changes.
Unapproved changes will not be eligible for state cost-sharing.
Reimbursement requests shall include:
1. Cover letter on grantee letterhead that includes:
a) DEQ grant contract number
b) Total amount of reimbursement request
c) Actual cost (expenses) by approved budget categories
d) Total amount spent on the project to date of the request
2. Complete the Grant Reimbursement Template (both sheets labeled "Invoices" and
"Request 1 Itemized") located on the WRDGP website.
3. Copies of invoices or other documentation for materials, services and other project costs
detailed on the "Request 1 Itemized" sheet. Invoices submitted shall be on either the
Grantee or the Grantee's subcontractor letterhead.
4
Attachment B
DEQ Contract 8043
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2019 - 2020
100% of the contract expenditures must be provided to DWR for the grant Project Sponsor to
receive the full allowable amount for reimbursement.
DWR will retain 10% of the total grant award amount until after the final project has been
inspected and accepted by DWR staff. The reimbursement request and supporting
documentation should be submitted electronically to CoIey.CordeiroOncdenr.gov.
Requests for Additional Funding
Grant recipients can submit a request for additional funding to DWR Requests for additional
funding must be submitted by the Project Sponsor on official letterhead via email. The following
information shall be submitted by the Grantee to DWR for additional funding consideration:
1. A narrative describing the circumstances/need for an increased funding award, summary
of current project status and anticipated project implementation schedule.
2. Copies of all subcontractor invoices for design, permitting, surveying, construction,
construction oversight and project administration.
Upon receiving all relevant information from the Grantee, DWR will respond to the Grantee with
within 30 calendar days with a decision regarding increased funding. Funding increases are
subject to the availability of funds. DWR may not be able to grant requests for additional funding
caused by inaccurate or incomplete information in the application or project budget provided by
the Project Sponsor or Co -Project Sponsor.
Project Close -Out
The Grantee shall notify the DWR Grant Administrator upon project completion and provide
DWR with the most recent set of permits, as-built/record, post -surveys of the dredge site, and
post -surveys of the spoil site (if applicable) in Adobe PDF format prior to the project close-out.
DWR Grant Administrator may schedule a close-out inspection of the completed project with a
representative of the Grantee. This inspection will verify that the project was implemented in
accordance with the information provided in the grant application, along with the approved plans
and specifications.
The Grantee shall address any remedial or compliance actions identified during this close out
inspection prior to DWR project acceptance. After the project is inspected and accepted, DEQ will
review the accounting statements and reimburse the Grantee for the remaining 10% of the
State's share of the non-federal cost.
Additional References for the Shallow Draft Navigation Channel Dredging and Aquatic
Weed Fund;
M
S.L. 2015-241
Attachment B
DEQ contract 8043
Water Resources Development Grant Program (WRDGP)
Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund
Guidelines FY 2019 - 2020
S.L. 2016-94
S.L. 017-57
S.L. 2018-5
Attachment B
DEQ Contract 8043
6
Attachment C
DEQ Contract 8043
Water Resources Development Grant Program
Shallow Draft Navigation Channel Dredging Application
FY 2019 - 2020
North Carolina Department of Environmental Quality
DivisloWater yorsNo�r4 Cntact ColeyResources
at Colev.Cordeiroanedenl or (819) 707-9013
ii. Project Title I Meson hrtst Relocation Project FY20 i
Primary eorkact or Project ihnegar
Name Layton Bedsohe
Title Now Hanover County, Shore Protection Coordinator
Organization Name New Hanover County
Organization Tax ID Number
E-mail address ibbed4glefth000v,com
Maling Address 230 Government center Drive. Suite 160
City Wllmin n State NC Zip 28403
Telephone 810 788 7104 Fax Number
2b. Execution Address (where conftct will be mailed for aignalIM) - WhYe `*me se above" rfn is th Primary Corrtaet hobnn Liolr in 2a
Name Same as above
Title
Organization Name
E-mail Address
Mailing Address
city State Zip
Telephone Fax Number
Payment Addreas (where lmroice payments mill be +aeilaq - wpm same as above' if it is the Primary Contact alfa mal►on !e 22�
Name Same an above
Tide
Organization Name
E-mail Address
Madhg Address
City State Zip
Telephone Fax Number
Attachment C
DEQ Contract 8443
Water Resources Development Grant Program
Shallow Draft Navigation Channel Dredging Application
FY 2019 - 2020
' North Carolina Department of Environmental Quality
,�r,r., � W. Division of Water Resources
=.� ru�.ar, Contact Coley Cordeiro at Colev.Cordeirooncdenl or (919) 707-9013
�sctDeacr'1P!!on-PYoyldesshat;:rr�;�:c.,.-_ofd» react �— _ _—
Initially constructed In 2002, the Mason Inlet Relocation Project (MIRP) was North Carolina's (NC) first inlet relocation effoR The MIRP has
succeesfully managed the Mason Inlet complex W11five of the Atlantic Intracoastal Waterway (AIWW) crossing, Mason Creak, the creek's confluence
with Banks Channel, Mason Inlet proper and the ebb We delta. New Hanover County (NHCj manages the project for the private cftLmnry that makes up
the Mason Inlet Preservation Group (MPG). Approximately 1000 parcel owners, half on the north end of Wrightsville Beach and half on Figure Eight
Island, have Rscally supported the original 2002 relocation effort and subsequent mainlanancalmanagement efforts. On behalf of the MIPG, NHC holds
and manages all project permits. The project has a navigation component within the AIWW crossing and an inlet location purpose for ensuring healthy
Inlet shoulders. Elements of the Mason Inlet complex have template design dimensions similar to shallow draft inlets located in southeastern NC. The
Mason Inlet complex Is maintained In the AMW crowing at -12'(22') mean low water (MLW) and east to the ocean at -8.5'11011-W. The inlet complex
beign, alignment and template dimensions allow for sediment flushing and tidal prism access as a connecting channel from the Atlantic Ocean to the
20IW2020 MIRP maintenance event will sense the project reach, ofthe Atlantic Intracoastal Waterway (AIVM crossing, Nissan Creek, tare
Va. confluence with Banks Channel, Nissan Inlet proper and the ebb tide delta. The MIRP has multiple shoaling facets which act as potential
ler pointe for maintaining the Inlet complex location. The channel bank line migration within the engineering corridor and the creekMlst shoaling
mes are the primary Indleatom resulting In this maintenance event decision. The 2019/2020 rrsintenanee event has also been effected by the
%thalwegaligrm ent resulting from Hurricane Florence. Thu MIRP la authortted under the U8 Army Corps of Engineers (USACE) permit
SWOU and the North Carolina Divblon of Coastal Management (NCDCM) permit #161-01 both Issued to NHC. These authorbatons Include dredge,
:vial management at three onsite krcations (1) AfINW Disposal Area (DA) 241 and 10,DDO Ihhear feet of oceanfront shoreline along (2) Wrightsville
:h and (3) Figure Eight Island, The current estimated Shoaling is approximately 450,000 cubic yards with proposed beneficial reuse along Figure
t bland. Should volumea increase, placement along Wrightsville Beach will also be considered.
i
6. Ewlonil, Conditions - Brief cies of exfstr site condWons and tend use wifhirr ptolec[ aria ..
As previously noted, the MIRP has multiple maintenance event triggers; a primary maintenance trigger Is a minimum volume accumulationation within the
complex of 300,000 Cubic yards (cy). Another trigger ensures the inlet complex is maintained within the engineering corridor safeguarding the InkeNa
location and retaining healthy inlet shoulders north and south of the inlet alignment The proposed maintenance event during the upcoming window
has been prompted by the thalwegs migration within the engineering corridor as well as the inlet system's shoaled volumes. Attached figures depict
project siament plan views, 2019 pre4nedge surveys and hathymetrlea showing the engineered corridor, designed centerllns and survey transacts .
The spring 2019 oceanfront mean high water wrtour between WAghteville Beach and Figure 8 Island places the Colreg Una approximately along
Station 4+00. The Coirega Demarcation Line delineates Inland navigation rulee from open ocean navigation rules, The MIRP's maintenance events
have routinely focused landward of the demarcation line, not entirely so In this event Hurricane Florence elongated the ebb shoal delta across the InIM
tarn., late mouth potentially neccessating its prpiect inoiusion.
IL Ata4Wated Contracf Stent bete 9!!(/2019 Anfiwpated Contract End Dela I f2/3lr&n
7. Protect Location. important to submit as Completely as posai 1q, eapecfaHy the La&L" coordinates
Pro)ett Location Masora Wet
County Name NewNanover
Inlat(ChannellWaterbody Name Mason Wet
Position coordinates ofLatitude 34'14'3128
project location
Longitude 77°46'08.52 -
Anticipated Total Dredged Material in Cubic Yards 450,000
Attachment C
DEQ Contract 8043
Water Resources Development Grant Program
` Shallow Draft Navigation Channel Dredging Application
FY 2019 - 2020
North Carolina Department of Environmental Quality
MautTH tCLINi! Division of Water Resources
r Contact Coley Cordeiro at Colev.CordeircQncdeni or (919) 707-9013
General Statute 143-215.72 states that mr revlewimg appllcadons the Secretary shag eormdar Economic Soclal. and Environmentaf Benefits pro
'the protect; Reglonsf Banari s of 8be project to an dm greew than the area underit4w c6on of the local sponsorlrg entity,- The financial
sourcO,, of the local sponsoring errbty; The enviornmental Impact of the protec$ Any dma benefit to State-owned feats and properties. Please
Dvide your answers below for each aategory,
maintenance evert is both template and market driven, supported by NtPG's fiscal responsibilities and the drafting sectors project Interest and
petard availability. NHC anticipates an approximate construction start date In the mid-November 2019 timeframe and an anticipated construction
Dletion data of 30 March 2020.The project supports multiple anthropogenic uses such as pedestrian aacass, boating access, fishing, shelling,
ng and surfing.
The MiRP continues to protect public and private infrast acture, small businesses, elements of the region's tax bases and very Important ecologiaal
niches. The proiect supports a North Wrightsville Beach watarbird management area douamernting bird usage from March through October of each
year. The ocaartront shorelines of Wrightsvflle Beach and Figure 8 Island have beneficial reuse placement locations that extend approximately 10,000
linear feet along each oceanfrontshoreline, Within these linear reuse areas, an average of do cyninear foot can be beneficially managed. Up to 600,000
cy could be placed within the designated areas on Wrightsville Beach and Figure 8 Island. The benefialal rause augments the shorelines' coastal
infrastructure by protecting arnall businesses, tourism, public and private infrastructure while supporting the projects healthy Inlet shoulders and
natural resoirmasthabitats,
n fie user ns financially supported by NHC's Room Occupancy Tax. N14Ws Finance Dept, recoups these costs through 5 -year property assessments of
6111130 members. The value of tin assessment moderates based on the parcers distance from the Inlet engineered corridor.
The MIRP is considered a soft -solution in terms of inlet management versus a groin or hardened solution. The shoaled serol has been tested, matching
well to native beach characteristics from both WrightwAlle Beach and Figure 8 Island. The shoaling material meets the sediment criteria overseen by
the NCDCM. The project effects hen shown positive results In terms of shorebird habitat, Intertidal habitat, primary nursery area and esaeMtal fish
habitats. Thu MRP has authorized locations for properly managing the shoaled sand. Smaller volumes located at or near the AIWW crossing may be
managed within an AIWW confined disposal facility adjacent Mason Creak (CDF 241) for later recycling. Ecological benefits include marsh habitat,
bird habitat, turtle nesting habitat, essential fish hsbitat, primary nursery areas for finfish, shellfish and macro-benthles. It allowed to return to a
southern migrating pattern, many of the benefits above would be compromised. Mason Inlet when msintalned promotes flushing within the engineered
�ternpllaba but also within the adjoining marsh ecosystems and nearby tfdaf crafts,
i part of the original relocation project, all pra-proleet state bottoms found below mean high water raised above mean high slater have become lands
NC. This project element has resulted in state property being Included in a federally mandated waberblyd management area. The waterbird
rnagemart area Is a federal mitigation requirement Annually, the area is semilmrinanently marked and maned for watwirrird monitoring
rposes; In 2015 the annual delineation was in conjunction with an Eagle Scout project As a property owner, the State now has real estate interests
undeveloped, safe and accessible public use of an inlet shoulder north of Wrightsville Beach.
Attachment C
DEQ Contract 8043
Water Resources Development Grant Program
Shallow Draft Navigation Channel Dredging Application
1=Y 2019 - 2020
North Carolina Department of Environmental Quality
Division of water Resources
"QRS � NA
Contact Coley Cordelro at Colev.CordeiroAncdeni or (919) 707-9013
1 Project Names MIRP Budgeled
state Contribution Low / Manieipal
oveni¢t
Can
io-lorAl
Construction Materials
1"Ml
DWRTotal S3,810,94620
DWR Match °!e = 66.67%
Date:
timer
Nae- Federal
Federal Local+ Other Non Tedcrol
tu.t..l. (]n mi6aNan match Tetat
i:4e 10
51,905,10&30
3t+.00
'1ti tk�
t"th
33.33%
3+l.OP
Sib tltt
3th L" E St1 {its
Local+1Von-Fed Total=
51,905,10&30
s>S.ott
MOM:I,
1tt,iai
t"th
33.33%
S to
0.00%
r,l.na+,tlur.0 sIJiX w six :•� �:
�•airi.l�
5(1!4wfoil
SG +x+
St.405.itm. t 9)499 W SI.9e AII
E 54 1fdi_,�
Local+1Von-Fed Total=
51,905,10&30
Non-Feddal%=
100.00%
Local +Non -Fed Match %
33.33%
Federal °r6=
0.00%
Attachment C
DEQ Contract 8443
<. COUNTY BOARD OF COMMISSJ!C HERS
RESOLUTION SUPPORTING A SHALLOW DRAFT INLET GRANT APPLJCATIQN
THROUGH THE NC DIMON OF WATER RESOURCES
WHEREAS, the New Hanover County (NHC) Board of Commissioners desires to sponsor the Mason inlet ReloCation
Project (MIRP). The maintenance event will realign the system's thah*t (deep water channel) within the
authorized template corridor. The project includes authorized reaches from.
rom the Atlantic Intracoastal Waterway
(A" crossing through Mason Creels, east through the Banks Channel confluence and ending with Mason Inlet.
The realignment will restore two healthy inlet shoulders and slow the southerly inlet migration.
NOW, THEREFbRE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that:
1) The NHC Board of Commissioners requests the State of North Carolina provide financial assistance to the
Mason inlet preservation Group (MIPG) through New Hanover County's coordination of the Mason Inlet
Relocation Project in the amount of $3,810,950.00 or 66.67% of the project's 2019%2020 maintenance event,
after F8's purchase of sand, inclusive of pre -event efforts; (design, plans and specifications, permitting and
Pre -maintenance transects); mobilizatFon/demobilization; constniction and post -event efforts (as-buIlM
monitoring and reporting); and
2) NHC, In coordination with MIPG, assumes full obligation for payment of the balance of project costs; and
3) NHC, In coordination with MIPG, holds all necessary NC and federal permits; and
4) NMC, in coordination with MIPG, has compiled with all applicable laws governing the award of contracts and
the expenditure of public funds by local governments; and
5) NHC, in coordination with MiPG, will supervise construction of the project to assure compliance with permit
conditions and to assure safe and proper construction according to approved pians and specifications; and
6) NHC, In coordination with MIPG, has obtained suitable dredge material disposal areas as needed and all other
easements or rights-of-way that may be necessary for the construction and operation of the project without
cost or obligation to NC, and
7) NHC, in coordination with MiPG, will ensure that the project is open for use by the public on an equal basis
with limited restrictions (if on public property); and
8) NHC, in caardlm tion with MIPG, will hold the State harmless from any damages that may result from the
construction, operation and maintenance of the Project; and
9) NHC, In coordination with MIPG, accepts responsibility for the operation and maintenance of the completed
project. ,.. i:� � �
ADOPTED this the 1P day of September, 2019.
r
�U TY. NEW H VER C UNlY
sp
4
o n ENGINEERING DEPARTMENT1
an Berfiel al)_
YRr 1.
K neigh G. p, Clerk to the Board
Attachment C
DWR water Resauies Demme DEQ Contract 8043
eDt �7'IBIIt Plog[aTQ
Nom, fliet of Inter s . Certifleatt�
New I-Ianove r Cnunty hereby certifies that, to the lit of its knowledge and belief:, there are no
preswt or currently planned interests (financial, contractual, organizational, or otherwise)
relating to the work to be performed as part of the Mason Inlet Relocation Pro'ect that would
create any actual or potential conflicts of interest (or apparent conflicts of interest) for any of its
CMPIoYM, cOnftIdM, subcontractors, designees or other entities or individuals involved in the
Masaa role; itelaeat�on Praiect (including conflicts of interest for immediate fainly members:
spouses, P=UK or children) that would impinge on its ability to render impartial, technically
sound, aad objective assistance or advice or result in it being given an unfair competitive
advalntage;.
In this certification, the term "potential conflict" means reasonably foreseeable conflicts of
imteaest, New Hanauer County further certifies that it has and will continue to exerc;isc due
diligence m identifying and removing or mitigating, to the NC Department of Environmental
QuaWs satisfaction, any such conflict of interest (or apparent conflict of interest).
Print Name: i tl
Signature:
Title:
Rev. 02
20170713
NEW HANOVER COUNTY, NC
MASON INLET MAINTENANCE PRC..+! ECT
2019/2020
mom emm
FWD=I,
A. K: WXAN
cern ar
FOR BtDDMO
SEPTEMBER 23i 2078
Attachment C
DEQ Contract 8043
Attachment C
DEQ Contract WX3
Pre-bid surveys:
L
,�`-•
_ : y�LCCtr erg
/g
l c sg !r.'
S'rEE2zd Ir r
t1 y!
t§EE
-fir.`
{.
Ar
_ SGCCrti CdF " CAC-
st eng
WOMM
�w tHGayFx crouwir, ac
_ .aw ae.,, � rinnrnr
Attachment C
DEQ Contract 8043
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Attachment D
DEQ Contract 8043
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A recipient or subrecipient shall comply with the all rules and reporting requirements established by
statute or administrative rules found in 09 NCAC Subchapter 3M. For convenience, the requirements of
09 NCAC Subchapter 3M.0205 are set forth in this Attachment.
Reporting Thresholds.
There are three reporting thresholds established for recipients and subrecipients receiving State awards
of financial assistance. The reporting thresholds are:
(1) Less than $25,000 — A recipient or subrecipient that receives, hold, uses, or expends
State financial assistance in an amount less than twenty-five thousand dollars ($25,000)
within its fiscal year must comply with the reporting requirements established by this
Subchapter including:
(A) A certification that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B) An accounting of all State financial assistance received, held, used, or expended.
(2) $25,000 up to $500,000 -A recipient or subrecipient that receives, holds uses, or expends
State financlal assistance in an amount of at least twenty-five thousand ($25,000) but
less than five hundred thousand dollars ($500,000) within its fiscal year must comply with
the reporting requirements established by this Subchapter including;
(A) A certification that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B) An accounting of all State financial assistance received, held, used, or expended.
(C) A description of activities and accomplishments undertaken by the recipient,
including reporting on any performance measures established in the contract.
(3) Greater than $500,000 — A recipient or subrecipient that receives, holds, uses, or
expends State financial assistance in the amount equal to or greater than five hundred
thousand dollars ($500,000) within its fiscal year must comply with the reporting
requirements established by this Subchapter including:
(A) A certification that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B) An accounting of all State financial assistance received, held, used, or expended.
(C) A description of activities and accomplishments undertaken by the recipient,
including reporting on any performance measures established in the contract.
(D) A single or program -specific audit prepared and completed in accordance with
Generally Accepted Government Auditing Standards, also known as the Yellow
Book.
Other Provisions:
1. All reports shall be filed with the disbursing agency in the format and method specified by the agency
no later than three (3) months after the end of the recipient's fiscal year, unless the same information is
already required through more frequent reporting. Audits must be provided to the funding agency no
later than nine (9) months after the end of the recipient's fiscal year.
2. Unless prohibited by law, the costs of audits made in accordance with the provisions of 09 NCAC 03M
.0205 shall be allowable charges to State and Federal awards. The charges may be considered a
direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in
the Code of Federal Regulations, 2CFR Part 200. The cost of any audit not conducted in accordance
with this Subchapter shall not be charged to State awards.
3. Notwithstanding the provisions of 09 NCAC 03M .0205, a recipient may satisfy the reporting
requirements of fart (3)(D) of this Rule by submitting a copy of the report required under the federal
law with respect to the same funds.
4. Agency -established reporting requirements to meet the standards set forth in this Subchapter shall be
specified In each recipient's contract.