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1994-09-19 RM Exhibits I; I)- NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: WOOD DUCK FOREST SUBDIVISION WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated in red on the attached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 19th day of September , 1994. ~)A~TNESS my hand and official seal this the ~~~ .Klir~.tJ(/L./ , 1994. day of ~v ~4nJ/1 Lu 'e F. Harrell, Clerk New Hanover County Board Commissioners of Form SR-2 Please Note: Forward direct to the District Engineer, Division of Highways. resolute.wp /14 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: GROVE POINT SUBDIVISION, SECTIONS 1 AND 2 WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated in red on the attached map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 19th day of September , 1994. \ //-H~TNfSS my hand and official seal this the c;b~ ~1'1_) , 1994. day of Form SR-2 Please Note: Forward direct to the District Engineer, Division of Highways. resolute.wp 1'1 f} RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 2:00 p.m. on the 25th day of August, 1994, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for Caustic Liquid Soda for the WASTEC Facility of the Environmental Management Department, Bid # 95-0071: Southchem, Inc. $1.167 per gallon (price firm for 30 days) AND WHEREAS, the Environmental Management Director, the Finance Director and the County Manager recommend that the contract be awarded to Southchem, Inc. of Durham, North Carolina, the only responsible bidder, in the amount of One Dollar and Sixteen and Seven-Tenths Cent per gallon ($1.167); AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-485-4194-4230 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Caustic Soda Liquid for the WASTEC Facility of the Environmental Management Department, Bid # 95-0071 be awarded to Southchem, Inc. in the amount of One Dollar and Sixteen and Seven-Tenths Cent per gallon ($1.167); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 19th day of September, 1994. fJdM-~ Chairman, Board of County Commissioners 19L RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due notification to area agencies of request for proposals for travel services, eight proposals bids were received by the Finance Department on the 24th day of August, 1994, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the agencies submitting proposals were as follows for Bid # 95-0072: AAA Travel Agency Adams World Allen Travel Dan Roth (Independent Contractor) In Travel Agency, Inc. Quixote Travels, Inc. Travel Agents International Travel Professionals AND WHEREAS, after staff recommendation is to contract County's Travel Services; review and evaluation, staff's wi th AAA Travel Agency for the AND WHEREAS, draft contract # 95-0072 has been prepared in accordance with staff's recommendation and is submitted for approval; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for travel services for the County, Contract # 95-0072 be awarded to AAA Travel Agency; and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 19th day of September, 1994. 2JJ~ Chairman, Board of County Commissioners /q;p RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the New Hanover County Health Department has a assortment of office items including two (2) desks that are no longer used by the Health Department and are considered surplus property; AND WHEREAS, the Health Department estimates the total market value of the items, listed below, to be Seven Hundred Thirty-eight ($738.00) Dollars: Desks (2) Miscellaneous Items: Metal Chairs (13) Card F He Cabinet File Stand Pictures (2) Bookcases (2) Record Shelf Forms Cases (2) Magazine Rack Scales (2) Pencil Sharpener Flip Chart Stand $538.00 TOTAL $200.00 $738.00 AND WHEREAS, pursuant to G.S. 160A-279, the Health Department desires to donate said items to the New Hanover Community Health Center, a non-,profit agency; AND WHEREAS, the Health Director and the County Manager recommend that the said items be donated to the New Hanover Community Health Center; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that, pursuant to G.S. 160A-279, said items shall be donated to New Hanover Community Health Center. This 19th day of september, 1994. W~~ Chairman, Board of county Commissioners ~ . ,</xI~ Cle k to the Board NEW HANOVER COUNTY TAX COLLECTIONS :COLL~CTIONS THRU 03/31/94 CUR~E~T TAX YEA~ - 1994 AD VALOREM _, ...n t.?tD ~t:, ~1lY lH.;'l".... \7,-.....,..,. a.:t ".",",LII"!'! ..,. rrl ~ I~ ......,......Ir.!.......:rr..........".....R"II~.,..... O~IGINAL TAX LEVY P~R SCROLL DISCJV=~I=S ADu~O LESS A=ATEr'ENT$ t 43,991,303.53 14,J38.12 1,150.79- 1M II"- _ ,.,Il.M......!'A,c.;.r...lI.'.... 'L1~ $ 44,OCi4,lQO.86 .CO 19,217.01 ,,.k:.U _r.'!"I.;,_~Jt"'......c',.........u. $ 44,023,407.87 1,1l5,029.48n .. :1:,..... '=!7Lt1Ir.1lI"~C~~_"'" ew tiC""".4 $ 42,908,378.39 2.53%* TOTAL TuXES CHARGED ~DV~RTISINS F~E5 CHARGED LISTING PENALTIES CHARGED TOTt\L L:::VY COLLECTIJ~S TJ DATE OUTST~NQI~G 3AL1NC~ PERC=~TAG= CQLLECTEO 3t\C!< TAXES .., D. ~ ... u n; Xt> .... it"':. ... REt\L ~STAT~ ANJ PERSONAL PROPERTY $ CYARS::S AO'J~D L :: S SA:; ~ T :: HE 'H S 2,700,664.33 3 7-', 7 6 1 . 98 12,396.28"-' 1ll.y....., f........".....",..,.Jws....u_....~ TJTAL T~X=3 JU:: COLL::CTIJ~S TO OAT:: t 2,726,030.C3 288,837.57'" -=r...,.....n"""'~_..........,........k5....-=a JUTST4~OING 3ALANCE P::RCENTAG= COLLECTED: $ 2,437,192.46 10. 60~~ AUG 1994 .....lI1toI ~\....."l).~.~~, ............".....IIU ~OJM JCCU?^~CY TAX COLL~CTIONS P~IVIL=GE LIC~NSE COLL~CTIONS :: ,\1 S C 0 L LEe T ION S 328,178.26 2,612.50 .00 /1L:- I , I I I t I I I I I I I I I I I I , ...:~ , CONSENT AGENDA DATE: 9/19/94 ITEM NO.__JQ__ MOTOR VEHICL:: .......""..~.c..... .......~1l1f r.....~ $ 1,151,722.17 5,809.90 28,934.45-- ..... &:t.n... DiI.., to.. ..."'..,......,... $ 1,123,597.62 .00 .00 "'tC"l'.~-.:.c.. n~ ...~................. S 1,128,597.62 720,340.00'" ...... .,.....,IIf".....w=- ....~.,.Ioo&II.......... .$ 408,257.62 63.83%* FISCAL YTO n4~L4fI""'''''''",".'''' .......~...... 554,351.08 13,790.50 .00 TOTAL ~Q~~Y PPOCESS~D THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, ~!TY, OF WILM!NSTON1 ~~IGHTSVILL~ 3~ACH, CAROLINA BEACH AND KURE 3::ACH TO DAT~'" $J,:J67,382.01. THIS ~EDJ~T IS FOR FISCAL YEAR BEGINNING JULY 1, 1994. ~ S p ~ C T f= U L L Y S U 13 :1 I T T c: D , J. " f'\ .0 ,.,...-,./ J c.<j'"'n (.1 c~ Ox, ~ G "\ {,1--<1nv \../ PAT,o,ICI.\ ~. ..AYNOR \.. U CDLL=CTJ~ OF ~EVENUE * CO~BI~ED COLL~CTION PERCENTAGE - 4.06Yo ~10~TY MANAGER'S RECOMMENDATION: Recom~oval' il. I. . . . II . . :. I- I : I i. I ~ \ ...... I I . I . 1 i ~ .. CONSENT AGENDA <' ~ '} DA T E : 9/19/94'" ::.:J,.j,j --------- ,~.;.:, IT '=M NO. 9 ':~~'j -----~-.. )~.. .:'~~:S, , NE~ H~NOVER COUNTY FI~E DISTRICT TAX COLLECTIONS COLLECTIONS TH~U 08/31/94 CU~~~NT TAX YEAR ~ 1994 ...,., ......fI.cI uta.-t .-.;......,.,..~ .~C'. :ut" ~ ~&:1'.JU~"'-': O~IGINAL TAX LEVY PER SCROLL )ISCOV~RI~S ADDED LESS A3AT=M::~TS TOTAL TAXES CHARGED LISTING P~NALTI~S CHARGED TOTA.L LEVY COLL~CTIJ~lS TO OATt= JUTSTA~DING BALANCE PERCENTAGE COLLECTED 3.\CK TAXES ""......,.....",eo...&IIL1 :::',.::: AD VALOREM MOTOR VEHICLE 14lI1la...1I 1.111". ....6...:11...""l&'lt wa 11:.1 "".,. ..tIC:..#......-: ~oP.o ""IO~a.:.I"".. cz ~ s 965,842.47 :t 400.72 255.43'" 27,964.39 264.64 972.02'" $ 965,987.76 400.24 .$ ......""\MtA ..t'l:I4I~..., ~_........., 27,257.21 U'P'l>..c.'I!.W\lt'r",r'r.1r.;zu~",,;,a,:!I'" ~ iJ..... .",......~..."1"":I......1 nliOl~....,""b" .c..a ..._......IIIiO~.....-=-...ln-'J'\.,... .00 :> 966,388.00 24,686.31- '-A~......"N..-:. ",...~......~.....t,...It<_.~ $ 27,257.21 1 8 , 3 0 9. 7 5 .., .... .....:iI..,.~~....I*:J04 ..,...",..,--... $ 8,947,46 67.17%* $ 941,701.69 2.55~~* KEAL ESTATE AND PERSONAL PROP~KTY S C:-JARGES ADDED L:::SS AaATEr~ENTS 46,373.07 1,490.15 ., 3 91 . 31 .. TJTAL TAXES DUE CJLL=CTIJNS TO DATE JJTSTANDI~G BALANCE PERC=NTAGE COLLECTED THIS P.EPORT IS FOR FISC~L YEA~ r~p:CTFULLY SUSMI~ED, \ / " " (, \ {' ncrv' " ('.X-n CI c~ f:' i. I. .~ Pt\TRICIA J. ~YNOR ~ v :JLL=CTOK OF REVENU~ IA ~ bt~l'n ~"lIf"1.4""''': ItA......... III:JI $ 47,471.91 5,850.97~ ".a" W r'...:.,....tIIn.... at~~,.u-... $ 41,62C.94 12.33?~ 9EGI~NING JULY 1, 1994. * COHaINED COLLECTION PERCENTAGE - 4.33~~ COUNTY MANAGER'S RECOMMENDATION: Recommend approval ~ 313 /9F STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE NEW HANOVER COUNTY IN THE MATTER OF: Review of Basic Cable Service, Equipment & Installation Rates Filed by Falcon Cable Media New Hanover County ORDER BY THE COUNTY OF NEW HANOVER: On August 12, 1994, Falcon Cable Media filed its form FCC-1200/1205/1215, request for cable service, equipment and installation rate approval. On September 8, 1994 the County Attorney received a report which indicated that the Falcon Cable of NC was in compliance with the FCC's benchmark rate schedules. IT IS A FINDING: That Falcon Cable Media has justified its basic, tier, a-la-carte, equipment and installation rates. IT IS, THEREFORE, ORDERED: That Falcon Cable Media's basic, tier, a-la-carte program, equipment and installation rates are hereby approved as follows: Service: Basic $21. 94 Equipment: Remote Control Addressable Converter $ .22 $ 2.11 Installation: Hourly Service Charge $45.31 ISSUED BY ORDER OF THE COUNTY OF NEW HANOVER: This the 19th day of September, 1994. NEW HANOVER COUNTY "I?~~- Robert G. Greer, Chairman Board of Commissioners /1 F STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE NEW HANOVER COUNTY IN THE MATTER OF: Review of Basic Cable Service, Equipment & Installation Rates Filed by Vision Cable of Wilmington, NC New Hanover County ORDER BY THE COUNTY OF NEW HANOVER; On May IS, 1994, Vision Cable of wilmington filed its form FCC-1200/1205A/1205B/1215, request for cable service, equipment and installation rate approval. On September 7, 1994 the County Attorney received a report which indicated that the Vision Cable of NC was in compliance with the FCC's benchmark rate schedules. IT IS A FINDING: That Vision Cable of Wilmington has justified its basic, tier, a-Ia-carte service, equipment and installation rates. IT IS, THEREFORE, ORDERED: That Vision Cable of Wilmington's basic, tier, a-Ia-carte program, equipment and installation rates are hereby approved as follows: Service: Basic Tier $ 5.68 $13.64 Equipment: Remote Control Addressable Converter Non-addressable Converter $ .19 $ 1.84 $ .97 Installation: Hourly Service Charge Unwired Home Pre-Wired Home Additional Outlet A/O at install A/O w/truck roll $15.31 $14.03 $12.76 $ 5.10 $ 7.65 t ISSUED BY ORDER OF THE COUNTY OF NEW HANOVER: This the 19th day of September, 1994. NEW HANOVER COUNTY ~,U-~ Robert G. Greer, Chairman Board of Commissioners ~~/ ~dL-- CI k to the Board '.' " 19lL DLBASB DD SBTTLBKEN'l' AGRBBKBN'l' New Hanover County v. Howard Needles Tammen & Berqendoff 1. ~: The date of this Release and Settlement Agreement is September 20 , 1994. 2. Parties: a. Claimant: The releasing party is New Hanover County, North Carolina, which represents that it is releasing all claims on its own behalf as well as on behalf of any person or entity who may now o~ in the future claim through it in a derivative manner, including without limitation any successor, assign, servant, agent, employee, public official, resident, taxpayer , representative, attorney, insurer, or subrogated interest (sometimes herein collectively referred to as the "County"). b. Released Parties: The released parties are Howard Needles Tammen & Bergendoff, HNTB Corporation, and their related and affiliated companies, together with their respective past, present and future predecessors, successors, assigns, 'Officers, shareholders, partners, dil:"eu~o.ts, servants, agents, employees, representatives, attorneys, insurers, and any other persons, corporations, firms or enti\:ies on their behalf liable (sometimes herein collectively referred to as "HNTB"). 10931629 3. Sub;ect Matter of Release and Settlement Aqreement: This Release and Settlement Agreement is based upon claims by the County for damages allegedly arising out of the modification and expansion of the New Hanover County International Airport in Wilmington, North Carolina, including the design and construction of a new terminal complex, industrial air park, airfield improvements, and related work (sometimes herein referred to as the "Project"), and a contract between the County and Howard Needles Tammen' Bergendoff, dated May 16, 1983, for Howard Needles Tammen & Bergendoff to provide management, engineering, architectural, and planning services for the Project, as supplemented or modified thereafter (sometimes herein referred to as the "Contract"). 4. Release of Claims: The County hereby releases, discharges and acquits all claims, actions and causes of action it may have against HNTB and all claims, cross claims, third-party claims, actions and causes of action any other person or entity may have against HNTB, known or unknown, at law or in equity, in contract or in tort, arising from the Project or the Contract, even if not reasonably discoverable at the time of this Release and Settlement Agreement. 5. Consideration: This Release and Settlement Agreement is made for and in consideration of the payment to the , County by HNTB of the sum of Fifty Thousand Dollars ($50,000.00), the receipt and sufficiency of which the County hereby acknowledges. 10931629 - 2 - 6. No Admission of Liability: DisDuted Claim: It is understood and agreed that this Release and Settlement Agreement is a compromise of . doubtful and disputed claim and the paYment made is not to be construed as an admission of liability on the part of HNTB or as an admission as to the nature and extent of any damages allegedly sustained by the County. It is further understood and agreed thatHNTB denies all liability and intends merely to settle all claims against HNTB arising from the Project and the Contrcict and avoid the expense of litigation. 7. Future Services and Recommendations: The County represents and agrees that (1) it will not use this Release and Settlement Agreement or any alleged claims arising from the Project or the Contract as a basis for denying future work to HNTB, (2) it will consider using the services of HNTB as if no claims had been made against HNTB arising from the Project or the Contract, (3) it will not make any disparaging statements to other persons or entities regarding the quality of services provided by HNTB, and (4) it will give favorable recommendatio~s and client references to other persons or entities concerning HNTB. 8. Binding Effect: This Release and Settlement Agreement shall be binding on and inure to the benefit of the Parties 'hereto and their respective past, present and future predecessors, successors, assigns, related companies, affiliates, partners, officers, directors, shareholders, servants, agents, 10931629 - 3 - employees, representatives, attorneys, insurers, and their respective heirs and legal representatives. 9. Enforcement: All remedies at law or in equity shall be available for the enforcement of this Release and Settlement Agreement. This Release and Settlement Agreement may be pleaded as a full bar to the enforcement of any claims against HNTB arising from the occurrence. 10. ADDlicable Law: This Release and Settlement Agreement shall be construed pursuant to the law of the State of North Carolina in effect on the date of this Release and Settlement Agreement. 11. Advice of Counsel: The County represents that it has been fully advised by legal counsel before signing this Release and Settlement Agreement. 12. ComDlete Aareement: The County represents that no promises, inducements or agreements not herein expressed have been made or offered and that this Release and Settlement Agreement is not executed in reliance upon any statement or representation except as specifically set out herein. It is understood and agreed that this Release and Settlement Agreement contains the entire agreement between the Parties and that the terms and provisions of this Release and Settlement Agreement are contractual and not mere reci tals. It is further understood and agreed that' all claims against HNTB, if any, for attorneys' liens are included herein. 10931629 - " - BEFORE SIGNING BELOW, THE UNDERSIGNED DEClARES THAT HE/SHE IS DULY AUTHORIZED TO EXECUTE THIS RELEASE AND SETTLEMENT AGREEMENT ON BEHALF OF NEW HANOVER COUNTY, THAT HE/SHE HAS READ AND FULLY UNDERSTANDS IT, AND THAT HE/SHE VOWNTARILY EXECUTES IT WITH FULL KNOWLEDGE OF ITS CONTENTS AND MEANING FOR THE PURPOSE OF OBTAINING THE ABOVE-STATED STATE OF tJ. t!..-. ) ) SSe COUNTY OF Neu) ~t.\O\l<t.~ ) PA/J?IJ . ~ Duly Authorized Representative of New Hanover County Robert G. Greer, 01ainnan New Hanover Chmty Board of O:mni.ssioners Now on this :J,Q ~day of 6-e...p+e Y't\./ae-r , 1994, before me appeared ~~t:.e..1 <6. G.e~~..<. , the e.."k\\A.~A-N 6DA-R.b OFt...OW,W,IS,S/otlf:.t. for New Hanover county, who is known or identified to ~e to be the same person who read and executed the above and foregoing Release and Settlement Agreement and who acknowledged the execution of the same as his/her free and voluntary act and deed with full knowledge of its contents. My Commission Expires: -3 -,,.2..:) - 9? WOMBLE, CARLYLE, SANDRIDGE & RICE Byt~i~d~b.1~ E zabeth . Ha lybu ton 10931629 - 5 - 2100 First Union Capitol Center 150 Fayetteville street Mall Raleigh, North Carolina 27601 ATTORNEYS FOR NEW HANOVER COUNTY 10931629 - 6 - t " l 1> !l A RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY AUTHORIZING EXECUTION OF CONSENT DECREE RELATING TO PAST RESPONSE COSTS AT THE NEW HANOVER COUNTY AIRPORT BURNPIT SUPERFUND SITE WHEREAS, by action taken on January 20, 1994, the New Hanover County Board of Commissioners agreed to pay a portion of Past Response Costs incurred by the Environmental Protection Agency (EPA) through August, 1993 at the New Hanover County Airport Burnpit Superfund Site; and WHEREAS, in exchange for the payment of such costs, the County has requested a release as to the Past Costs through August, 1993 including any demands for indirect costs; and WHEREAS, the EPA has proposed that the release be in the form of a Consent Judgment. NOW, THEREFORE, BE IT RESOLVED BY THE NEW HANOVER COUNTY BOARD OF CgUNTY COMMISSIONERS THAT: 1. The County Attorney is hereby authorized to execute a Consent Judgment with the U. S. Environmental Protection Agency, the City of Wilmington, Cape Fear Community College and the U. S. Department of Defense relating to the EPA's qemand for payment of Past Response Costs- through August, 1993. _ -2 ~ The totalamoun.t -of Past _-Response-- Costs covered- by--t.he - Consent Decr-ee shall be- $727,63-1.36 plus interest-from the date of demand. As previously autflorized by the Board of Commissioners, ~he County's share of such cost sh~l~ be 25%. t, .' 3. The Consent Decree shall release the County from all claims for Past Response Costs through August, 1993 including all claims for indirect cost. This the 11/U..- day of ~----' , 1994. [SE NEW HANOVER COUNTY 1?gM-~~ Robert G. Greer, Chairman Board of Commissioners ATTEST: qf,,</~ C erk to the Board 1 q :c- A RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY The Board of Commissioners of New Hanover County, North Carolina, does hereby resolve as follows: WHEREAS, in the process of selecting, negotiating and procuring real property it is desirable to obtain binding options committing the particular sellers to convey at a specified price, upon the County's exercise of the option, WHEREAS, North Carolina law, specifically the Statute of Frauds, requires that offers to sell realty be in writing, signed by.the seller, in order to be binding. NOW, THEREFORE, be it resolved: Either the County Manager or the County Attorney or a designee of the foregoing may enter into options to purchase real property on the behalf of New Hanover County. Said options may cost up to One Thousand Dollars ($1,000.00). This the /f~ day of ~~ ' 1994. NEW HANOVER COUNTY [SE 2Jd~ Robert G. Greer Chairman ATTESTED: ~'(/~ Cl k to the Board - J q;)' RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, the following responsive bid was received and publicly opened by the New Hanoyer County Engineering Department on September 2, 1994 at 2:00 P.M., Wilmington, North Carolina, for Tower Erection and Associated Foundation Work: J. A. Walder, Inc. $ 125,550 AND WHEREAS, according to G.S. 143-132, if fewer than three bids are received after the first advertisement for a formal construction bid, a second advertisement of the proposal should be made and after this second advertisement, the award may be made even if only one bid has been received; AND WHEREAS, after the first advertisement, only two bids were received and the proj ect was advertised as required by General Statutes a second time after which only two bids were received, and one of these bids was non-responsive; AND WHEREAS, the Chief Project Engineer and County Manager recommend that the contract be awarded to J. A. Walder, Inc., the lowest responsible bidder, in the amount of one hundred twenty-five thousand five hundred and fifty dollars and no cents ($125,550). AND WHEREAS, funds have been previously appropriated and are now in or will be in subsequent years budget Account No.130-433-4340-3000-5900 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Tower Erection and Associated 'Foundation Work pe awarded to J.A. Walder, Inc. in the amount of $125,550 and that the County is hereby authorized and directed to execute contract, contract form to be approved by the County Attorney. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return the bid deposit to the unsuccessful bidder. day of September 1994. Commissioners 19 -K- RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 3:00 p.m. on the 19th day of July, 1994, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for materials for a Two-Way Communication Tower for the, Bid # 95-0036: FWT, Inc. Pi-Rod, Inc. TowerComm LeBlanc Communications, Inc. Robinson Tower Stainless, Inc. UNR-Rohn Communication Specialists Co., Inc. $ 69,890.00 $ 70,280.00 $ 70,620.00 $ 78,268.00 $ 89,639.50 $ 95,547.00 $101,560.00 $112,135.00 AND WHEREAS, Chief Projects Engineer, the Finance Director and the County Manager recommend that the contract be awarded to FWT, Inc. a foreign corporation organized under the laws of the state of Texas, the lowest responsible bidder, in the amount of sixty-nine Thousand Eight Hundred Ninety Dollars ($69,890.00); AND WHEREAS,' funds have been previously appropriat~d and are now or will be in subsequent year's budget, Account No. 130-433-4340-3000-5900 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of 'county Commissioners of New Hanover County that the contract for materials for a Two-Way Radio Communication Tower, Bid # 95-0036 be awarded to FWT, Inc. in the amount of sixty-nine Thousand Eight Hundred Ninety Dollars ($69,890.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. BE IT FURTHER RESOLVED that the Purchasing Agent is hereby authorized to return the bid deposits to the unsuccessful bidders. This 19th day of September, 1994. Commissioners ~vY/~ Cle k to the Board