2011/12/28 RESOLUTION ACCEPTING THE VISION 100 GRANT FOR THE HARNETT CTY AIRPORTRESOLUTION
A motion was made by Q 1 m c S ,r, i1 r' r ,r• 1, A t I--,' i and seconded by
/ 11 II(Name and Title)
P (YA r J N 0 'A C P for the adoption of the following resolution, and upon
(Name and Title)
being put to a vole was duly accepted:
WHEREAS, a Grant in the amount of S46,530 has been approved by the Department based on total estimated cost
of 551.700; and
WHEREAS, an amount equal to or greater than ten percent (10 %) of the total estimated project cost has been
appropriated by the Sponsor for this Project.
NOW THEREFORE, BE AND IT IS RESOLVED THAT THE EI a nn P Y4 ! P n w n 1
(Title)
of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby
binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon
modification thereof.
t�
the above is a true and correct copy of an excerpt from the minutes of the
duly and regularly held on the !P day of T, ly I � 20J-L—.
This the day of _.A ? Cr'r 1 e i- ,20
of the
hereby certify that
of a meeting
•� 7
Signed:
Title:
Of The a r eu
Page 4 of 11
CC) vn III ISSr01) C( -S
SECTION A: SPONSOR'S ASSURANCES: GENERAL CONDITIONS
A -1. The Sponsor certifies that it holds fee simple title to the property on which this project is to be constructed. In the
event any work is proposed on property which has an easement or lease in the Sponsor's name, the Sponsor agrees that it will
comply with the Department's conditions and receive written approval prior to any construction on such lease or easements.
This condition does not apply to planning projects.
A -2. The Sponsor agrees to operate the Airport for the use and benefit of the general public and shall not deny reasonable
access to public facilities by the general public.
A -3. The Sponsor agrees to operate, maintain, and control the Airport in a safe and serviceable condition for a minimum
of twenty (20) Years following the date of this Agreement and shall immediately undertake, or cause to be undertaken, such
action to correct safety deficiencies as may be brought to its attention by the Department.
A -4. The Sponsor agrees that any land purchased, facilities constructed, or equipment acquired under this Agreement
shall not be sold, swapped, leased or otherwise transferred from the control of the Sponsor without written concurrence of
the Department
A -5. The Sponsor agrees that the state share of any land purchased, facilities constructed, or equipment acquired under
this Agreement shall be credited to the Department in a manner acceptable to the Department in the event such land, facilities
or equipment are subsequently disposed of through sale or lease.
A -6. Insofar as it is within its power and reasonable, the Sponsor shall, either by the acquisition and retention of property
interest, in fee or easement, or by appropriate local zoning action, prevent the construction of any object which may
constitute an obstruction to air navigation under the appropriate category of Federal Air Regulation Part 77, 14 CFR 77.
A -7. Insofar as it is within its power and reasonable, the Sponsor shall, restrict the use of land adjacent to or in the
immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and
taking off of aircraft and the noise produced by such operations by adoption of zoning laws, by acquisition and the retention
of property interest, in fee or easement.
A -8. Terminal building spaces constructed under this Grant Agreement shall be for the use of the general public. The
Sponsor agrees that it will not use any space so constructed for private use, or charge fees for the use of such space, without
the written approval of the Department.
Page 5 of I I
SECTION B: SPONSOR'S ASSURANCES: PROJECT ADMINISTRATION
B -1, The Airport shall comply with all requirements of the State Aid to Airports Proeram GuidanLt Handbook (third
edition, January 1997).
B -2. It is the policy of this State, to encourage and promote participation by disadvantaged minority owned and women
owned businesses (MBE and WBE) in contracts let by the Department pursuant to GS 136 -28.4 for the planning, design,
preconstruction, construction, alteration, or maintenance of State transportation infrastructure construction, and in the
procurement of materials for these projects. All State agencies, institutions, and political subdivisions shall cooperate with
the Department of Transportation and among themselves in all efforts to conduct outreach and to encourage and promote the
use of disadvantaged minority owned and women owned businesses in these contracts. This is designed to ensure minority
MBEs and WBEs have maximum opportunity to participate in performance of NCDOT contracts let using state funding.
The sponsor assures and certifies with respect to this grant that they will pursue these requirements as stipulated by the
Department in the advertising, award and administration of all contracts, and require the same for all contractors, sub
recipient or subcontractors.
MBEIWBE program is governed by G.S. 136-28.4 and administered in accordance with Title 19A Chapter 02 SubChapter D
Section .1101 - .1112 of North Carolina Administrative Code (19A NCAC 02D.1101).
B -3, The Sponsor shall submit draft plans and specifications, or approved alternate, for the project for review by the
Department prior to advertising for bids on the Project. Should bids not be required on the project, the Sponsor shall submit
a detailed scope of work and estimated costs prior to requesting 'Project Concurrence and Notice to Proceed" form
(AV- CONCUR/AV -503) for undertaking the project. All plans (and alternate) shall be supported by engineer's report. A list
of deliverable(s) from the Sponsor to the Department is as follows:
Plannin¢ Projects
1, Interim Planning Submittals — All Airport Layout Plan Sheets, Reports, Projections, Construction Cost
Estimate, drawings, sketches and all other pertinent information — electronic copy: PDF format. Paper
copy, if requested: bond copy — true half -size.
2. Final Submittal - All Airport Layout Plan Sheets, Reports, Projections, Construction Cost Estimate,
drawings, sketches and all other pertinent information — electronic copies: PDF format and AutoCAD or
MicroStation format - Paper copy: bond — true half -size for plan sheets / sketches
a. All reports, projections — PDF Format. Any element of the documents shall be delivered in its
original electronic format (i.e. MSWord, Excel, AutoCAD...) if requested by the Department
b. Sketches and drawings — electronic copies: PDF format and AutoCAD or MicroStation format -
Paper copy: bond — true half -size for plan sheets / sketches.
Page 6 of 11
Construction Proiects
1. Interim Design Submittals (i.e. 30 %a, 60 %, 90 %..) — Plan Sheets, Technical Specifications, Itemized
Construction Cost Estimate and Engineers Report — electronic copy; PDF format. Paper copy, if requested:
bond true half -size for plan sheets.
2. 100 % Design and Issue for Bid Submittals — Plan Sheets, Technical Specifications, Itemized Construction
Cost Estimate, Engineer's Report, and Bid Tab — Any element of the documents shall be delivered in
electronic format Ox. MS Excel and PDF format) and AutoCAD or MicroStation format and Paper copy:
bond— true half -size for plan sheets.
3. As -built / Record Drawings.
a. Contract Documents (Plan and Detail Sheets, Technical Specifications) — electronic copies: PDF
format and AutoCAD or MicroStation format and Paper copy: bond — true half -size for plan
sheets.
b. Technical Specifications — electronic copies: MS Word File and PDF format
c. Final Engineers Report— electronic copies: PDF format unless otherwise requested.
13-4. Bids will be taken in accordance with N. C. General Statute 143 -129. Following bid opening or final contract
negotiations, the Sponsor shall submit the "Project Concurrence and Notice to Proceed" (AV- CONCUR/AV -503) request
along with the bid tabulations to the Department for review. The Department will take action on the request including the
approval or disapproval of the Sponsor's Employment of specific contractors within ten (10) days of receipt. Approval will
be communicated via a Contract Goal Requirements Letter sent directly to the Sponsor.
B -5. All contractor(s) who bid or submit proposals for contracts in connection with this project must submit a statement
of non- collusion to the Sponsor.
B -6. The Sponsor shall not commence construction or award construction contracts on the project until a written "Project
Concurrence and Notice to Proceed" (AV- CONCUR/AV -503) is co- signed by the Sponsor's Representative and the
Department or alternate written approval is provided by the Department.
B -7. The Sponsor shall submit guarterjy status reports (AV- STATUS/AV -502) to the Department, unless otherwise
instructed, and will immediately notify the Department of any significant problems which are encountered in the completion
of the project.
B -8. The Sponsor shall notify the Department of any significant meetings or inspections involving the Sponsor, his
contractor(s), consultant(s), and/or federal funding agencies concerning Project.
B -9. The Sponsor shall notify the Department within thirty (30) days of completion of all work performed under this
agreement for the purpose of final acceptance inspection and completion of audit requirements by the Department.
Page 7 of 11
B -10. The Sponsor has full responsibility for assuring the completed Project meets the requirements of the Department
and appropriate federal funding agencies. The Sponsor further certifies that all local, state, and federal requirements for the
conduct of this Project shall be met.
B -11. It is the policy of the Department not to award contracts to contractors who have been removed from the
Departmenfs list of pre- qualified bidders without subsequent reinstatement. Therefore, no State funds will be provided for
any work performed by the contractor(s), or sub- contractor(s) which had been removed from the Department's fist of pre.
qualified bidders without subsequent reinstatement as of the date of the signing of the construction contract.. It shall be the
responsibility of Sponsor to insure that only properly qualified contractors are given construction contracts for work.
SECTION C: SPONSOR'S ASSURANCES- PROJECT ACCO tNTING AND PAYMENT
C -1. The Sponsor shall record all funds received under this Agreement and shall keep the same in an identifiable Project
account. The Sponsor, and his contractor(s) and/or consultant(s), shall maintain adequate records and documentation to
support all Project costs incurred under this Grant. All records and documentation in support of the Project costs must be
identifiable as relating to the Project and must be acceptable costs only. Acceptable costs are defined as those costs which
are acceptable under "Federal Acquisition Regulations 1 -31.6, 48 CFR (OMC Circular A -87) ". Acceptable items of work
are those referenced in the State Aid to Airports EMarant Guidance Handbook and North Carolina General Statutes. The
Sponsor's accounting procedures which were established for work as set out in this Agreement must be reviewed and
accepted by the Department prior to the final execution of this Agreement and payment of State funds, except for Sponsor
reporting under OMB Circular A -133.
C -2. The Sponsor and his contractor(s) and/or consultant(s) shall permit free access to its accounts and records by official
representatives of the State of North Carolina. Furthermore, the Sponsor and contractor(s) and/or consultant(s) shall
maintain all pertinent records and documentation for a period of not less than five (5) Years from the date of final payment,
C -3. In accordance with OMB Circular A -133, "Audits of States, Local Governments and Non - Profit Organizations"
( www.whitehouse.gov /wh/eopLpmb1, the Airport shall arrange for an independent financial and compliance audit of its fiscal
operations. The Airport shall famish the Department with a copy of the independent audit report within thirty (30) days of
completion of the report, but not later than nine (2) months after the Airports fiscat year ends.
The Airport shall maintain all books, documents, papers, accounting records, and such other evidence as may be
appropriate to substantiate costs incurred under this Agreement. Further, the Airport shall make such materials available at
its office at all reasonable times during the contract period, and for five (5) year from the date of final payment under this
agreement, for inspection and audit by the Department's Fiscal Section
Page 8 of 1 I
C -4. Payment of the funds obligated under this Grant Agreement shall be made in accordance with the following
schedule, unless otherwise authorized by the Department:
A. Payments from NCDOT to the Sponsor are made on a reimbursement basis. The Sponsor must pay all
contractors/vendors prior to or within 3 business days of receipt of the Department's reimbursement.
B. Payments will be made on the basis of progress payments which may be requested by the Sponsor as costs are
incurred, but not more frequently than monthly. Progress payments will be made provided the following requirements
have been met.:
(1) The Grant Agreement has been executed and a Project Concurrence (AV- CONCUR/AV -503) issued.
(2) The Project has received an appropriate environmental finding.
(3) The Sponsor has submitted a Proposed Project Budget (AV- BUDGET /AV -504) accurately reflecting costs to date.
The initial and revised AV- BUDGET /AV -504 shall be approved by the Department. With each AV- BUDGET /AV-
504, the Sponsor shall provide the following documentation:
a) Scope of Services for the project, Consultant Fee - Man -hours Breakdown by task with hourly rates,
Breakdown of Sub - consultant and / or Vendor Cost, Schedule of Deliverables, Estimated Construction Cost, Plan
Sheet List
b) Actual Bidding Cost (once a project is bid) — Bid Tabulation / Bid Schedule, Recommendation for
Award.
(4) Additional information shall be provided as requested.
(5) The Sponsor has submitted an executed Interim Payment Request (AV- PAY /AV -505) accurately reflecting costs
incurred to date.
(6) The Sponsor has complied with all applicable conditions of the State Aid to Airports Pronrarn G"Wince Ela dbook
C. The submission of progress payments is expected to parallel the value of work actually completed and costs incurred.
At such point the Sponsor has requested payments equaling 100% of the State Grant, it is expected that the approved
Project will be 100% complete.
D. Upon receipt of 100% of the State Grant, the Sponsor will promptly complete Project acceptance and submit the
Project Completion and Final Payment Request (AV- FINAL /AV -506).
C -5. If after the acceptance of the Project by the Department, the final State share of approved eligible items is less than
the amount of State funds actually disbursed for the Project, the Sponsor shall reimburse the Department in an amount equal
to the difference between the amount of State funds actually disbursed and the final State share of the final, audited,
approved eligible Project costs within thirty (30) days of notification by the Department of the amount due.
Page 9 of 1 I
C•6. If after the acceptance of the Project by the Department, the final State share of approved eligible Project costs shall
be more than the amount of State funds obligated for the Project, the Sponsor may make application to the Department for a
corresponding increase which will be considered for funding in accordance with their relative priority versus other
applications for available State funds.
C -7. Under certain conditions, projects originally involving only state and local funds may subsequently be eligible for
reimbursement from federal funding agencies. In such cases, the Sponsor shall notify the Department of its intent to apply
for federal reimbursement and shall keep the Department informed of the status of such application. In the event federal
funds are obtained for all or a portion of the Project, the Sponsor shall refund to the Department an amount equal to the
difference between State funds originally disbursed for the work item(s) subsequently receiving federal funds and the final
State share of the costs of the affected item(s) of work. Reimbursement will be made within ninety (90) da yc of the date of
the final execution of the FAA Grant Agreement affecting the work elements in the approved Project.
C -8. For the purpose of calculating the State share of the Project, federal funds are defined as funds provided by an
agency of the federal goverment for the specific purpose of undertaking the Project, including Block Grant funds
administered by the Department.
SECTION D: SPONSOR'S ASSURANCES: REAL PROPERTY ACQUISITION
D -1. The acquisition of land, buildings, and other real property involving the use of State Airport Aid funds shall be in
compliance with the provisions of this Section.
D -2. The Sponsor shall depict each parcel to be acquired on an airport property map containing the identity of the parcel
and its metes and bounds.
D -3. The acquisition cost of each parcel, building, or other real property acquired with State financial assistance shall be
based on the fair market value of the property as determined by an appraisal process acceptable to the Department.
D -4. For each parcel or building with an estimated cost of $100,000 or less, fair market value shall be established by a
single original appraisal and a review appraisal. For complex acquisitions, fair market value shall be established by two
original appraisals and one review appraisal.
D -5. All original and review appraisals shall be conducted by qualified appraisers who have no financial or other interest
in the property to be acquired.
D -6. The fair market value of a parcel will be established by the review appraiser based upon the information contained
in the original appraisal or appraisals.
Page 10 of 11
D -7. No negotiation for property acquisition shall be commenced between the Sponsor and the property owner until the
fair market value of the property has been established. Initial negotiations shall be based upon the fair market value.
D -8. Negotiated values above the fair market value shall not be eligible for State funds unless, prior to the final
agreement for acquisition, the Sponsor has received the concurrence of the Department for paying such negotiated values in
lieu of the appraised fair market value.
D -9. Sponsors who adhere to the federal "Uniform Guidelines for the Acquisition of Property" shall be deemed to have
conformed to the Department's guidelines, except that Paragraph 8 above shall also be applicable under such acquisitions.
D -10. in the event the Project is a low value, non - complex acquisition, the Department, at its option, may accept the
original appraisal without the review appraisal. In such cases, all other provisions of this Section shall apply.
D-I1. Failure to follow the requirements of this Section shall disqualify the property from State participation for any
parcel which has not been acquired in accordance with such standards.
SECTION E: Sponsor's Aeknowledeemept of Executive Order 24 issued by Governor Perdue and MC, G 5 8133 32
E-I Sponsor acknowledges and agrees that it is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor,
construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make
gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce,
Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human
Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This
prohibition covers those vendors and contractors who:
(1) have a contract with a goVemmental agency; or
(2) have performed under such a contract within the past year; or
(3) anticipate bidding on such a contract in the future.
For additional information regarding the specific requirements and exemptions, vendors and contractors are encouraged to
review Executive Order 24 and G.S. Sec. 133 -32,
Revised 12/1/10
Page 11 of 11
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE
GOVERNOR
July 19, 2011
Mr. Barry A. Blevins, Administrator
Harnett County Planning Services
P.O. Box 65
Lillington, NC 27546
Dear Mr. Blevins:
EUGENE A. CONTI, JR.
SECRETARY
Enclosed are state airport aid grant agreements for the funding of your VISION 100 Giant
Project 36237.25.12.2 (Hangar Development (planning & preliminary engineering
services). The appropriate governmental body must execute these agreements. Upon
completion, both original copes of the agreement must be returned to this office. Please
remember that all signatures and seals must be original and not reproduced copies. The
Department will fill in the date on the first page of the agreement once the Secretary of
Transportation signs the documents.
Please note that the signature pages are pages 3 and 4 of the Agreement. Once the
Department has executed the grant agreements, one copy will be returned to you for your
files.
Should you have any questions, please do not hesitate to contact me or your Airport
Project Manager Kathy Vollert.
NCS /cae
Enclosures
MAILING ADDRESS:
NC DEPA"ENT OF TMNSPORTATKM
D YSION OF AVUnM
1590 MML SERVICE CEMO
RNEDN NC 278991880
Sincerely,
I t
Nand. Seigler
Grants Administrator
TELEPNONE: 919.840 -0112
FAX 919840.9287
WEBSITE. WYYW.NCDOTORG
LOCATION:
RDUARMU
1050 MER101AN ORIVE
RDU NC 27829
BLOCK GRANT AGREEMENT
VISION 100
STATE AID TO AIRPORTS BLOCK GRANT AIRPORT: HARNETT REGIONAL
BETWEEN JETPORT
THEN. C, DEPARTMENT OF TRANSPORTATION,
AN AGENCY OF THE STATE OF NORTH CAROLINA
AND PROJECT NO: 36237.25.12.2
HARNETT COUNTY
THIS AGREEMENT made and entered into this the _day of 20 by and between
the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (hereinafter referred to as'Departme nt ") and
cf. el NartncH
HARK TT COUNTY, the owners of the HARNETT REGIONAL JETPORT (hereinafter referred to as "Sponsor,-).
WITNESSETH
WHEREAS, Chapter 63 of the North Carolina General Statutes authorizes the Department to administer a program of
State Aid to Airports, subject to the limitations stated in that Chapter; and
WHEREAS, the Department has received the approval of the Federal Aviation Administration to administer certain
Airport Improvement Program Funds in North Carolina under the provisions of the Vision 100 - Century of Flight
Authorization Act q(2003, Public Law 108 -176; and
WHEREAS, the Department has approved a grant of funds to the Sponsor for State Block Grant Program (VISION 100)
funds.
NOW THEREFORE, the Department and the Sponsor do hereby mutually agree as follows:
1) That the approved scope of this project shall consist of:
HANGAR DEVELOPMENT
(Planning & Preliminary engineering services)
2) That the Grant of funds shall include maximum funding obligations for federal funds which shall be:
State Block Grant Program — VISION 100: $46.530 (not to exceed Qjlfq of the final total costs)
3) That the funding obligations referenced in (2) above shall be the maximum obligations based on the final cost of eligible
work items in the approved project, as certified by the Sponsor
a) That the Sponsor shall promptly undertake the Project and complete all work on the Project no later than JULY 1.2014,
unless a written extension of time is granted by the Department.
DOA FORM (12/10)
5) That all work performed on the Project shall conform to the approved scope of work referenced in this Agreement. Any
amendments or modifications to the approved scope of work, approved grant amounts, or this Agreement shall not be
authorized by the Department unless they are contained in a written modification to this Agreement and fully executed by
both the Sponsor and the Department.
6) Debarment and pension: The Grantee agrees to comply, and assures the compliance by each of its third party
contractors and subrecipients at any tier, with the provisions of Executive Orders Nos. 12549 and 12689, "Debarment and
Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations on Debarment and Suspension at 49 C.F.R. Part 29.
7) The Sponsor certifies that it has adhered to all applicable laws, regulations, and procedures in the application for and
Sponsor's approval of this Grant.
8) For a material breach of this Agreement or the Sponsor's Assurances, the Sponsor shall be liable to the Department for
the return of all grant monies received.
9) The Sponsor agrees to adhere to the standards and procedures contained in the State Aid ro Airoorts Program Guidance
Handbook (third edition, dated January 1997), unless the Department issues a written waiver to the contrary.
10) The Sponsor agrees to adhere to and be bound by the Grant Assurances of the Federal Aviation Administration, said
Grant Assurances contained in Appendix I of this Grant Agreement. Further, the Sponsor agrees that it shall be responsible
to the Federal Aviation Administration, or its designated agent, for enforcement of such Grant Assurances including any
penalties, sanctions, or other actions which may be legally enforceable for lack of compliance with said Grant Assurances.
11) The Sponsor agrees to comply with the "Sponsor Assurances" contained as part of this Agreement.
12) N.C.G.S. § 133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from
anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any
response in this grant agreement, you attest, for your entire organization and its employees or agents that you are not aware
that any such gift has been offered, accepted, or promised by any employees of your organization.
DOA eoantltvtal
Page 2 of 11
IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTED THIS GRANT AGREEMENT THE DAY AND YEAR
FIRST WRITTEN ABOVE:
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION:
NCDOTSEAL
STATE OF NORTH CAROLINA, COUNTY OF
BY:
Deputy Secretary for Transit
ATTEST:
SIGNED: /nI Sal •• a
TITLE:
a Notary Public in and for the County and State aforesaid, do hereby certify
that personally came before me this day and acknowledged that he
(Title)
of the
(Sponsor)
(hereinafter referred to as "Sponsor" and by authority duly given and as an act of said Sponsor, the foregoing instrument was
signed by him, attested by
(Name and Title)
Seal of the Sponsor affixed hereto.
WITNESS my hand and Notarial Seal, this the _ day of
My Commission expires:
DOA FORnt (tvto)
Page 3 of 11
Notary Public (Signature)
SEAL
Sponsor, and the
20
.1 %"10111l't,
SPONSOR: k � �....... ;+ 1�`-
SPONSOR SEAL
IM: � +I1i411 r.:
STATE OF NORTH CAROLINA, COUNTY OF
BY:
Deputy Secretary for Transit
ATTEST:
SIGNED: /nI Sal •• a
TITLE:
a Notary Public in and for the County and State aforesaid, do hereby certify
that personally came before me this day and acknowledged that he
(Title)
of the
(Sponsor)
(hereinafter referred to as "Sponsor" and by authority duly given and as an act of said Sponsor, the foregoing instrument was
signed by him, attested by
(Name and Title)
Seal of the Sponsor affixed hereto.
WITNESS my hand and Notarial Seal, this the _ day of
My Commission expires:
DOA FORnt (tvto)
Page 3 of 11
Notary Public (Signature)
SEAL
Sponsor, and the
20