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Home My WebLink AboutFY16 2nd Supplemental Market Street Improvements NCDOT grant - WDPNORTH CAROLINA 2ND SUPPLEMENTAL AGREEMENT NEW HANOVER COUNTY DATE: 4/19/2016 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND WBS ELEMENTS: 3CR.10651.153 COUNTY OF NEW HANOVER CFDA #: 20.205 TOTAL SUPPLEMENTAL FUNDS [NCDOT PARTICIPATION] $223,620 THIS AGREEMENT is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the "Department ", and the County of New Hanover, hereinafter referred to as the "County." WITNESSETH: WHEREAS, the Department and the County on 3/14/2014, entered into a certain Project Agreement for the original scope: milling & resurface roadway, installation of median curb & gutter, install new traffic signal and signal loops along US 17 Business (Market Steet) between the intersection of SR 2734 / SR 2290 (Marsh Oaks & Mendenhall Drive) to the intersection of SR 1455 (Porter's Neck Road) in New Hanover County., programmed under WBS Element 43949 and 3CR.10651.153, and, WHEREAS, the Department and the County on 10/21/2014, entered into a supplemental agreement to increase the Departments funding participation for the Project due to higher than expected actual costs for its share of the work; and, WHEREAS, the County has requested increased funding for the Project, NOW THEREFORE, the parties wish to supplement the aforementioned Agreement whereby the following provisions are amended: Agreement ID # 6406 0 FUNDING The Department's original participation was $1,151,100. The Department agrees to reimburse the County an additional $223,620 of Contract Resurfacing funds. IRAN DIVESTMENT ACT Pursuant to G.S. 147- 86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147 - 86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015. G.S 147 -55 et seq. requires that each vendor, prior to contracting with the State, certify that the contracting party meets the requirements of the Iran Disinvestment Act. The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address www.nctreasurer.com /Iran and will be updated every 180 days. By execution of this Agreement each Party certifies that neither it nor its Agents or Contactors /Subcontractors 1) are on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran, 2) shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List, and 3) that the undersigned are authorized by the Parties to make this Certification. During the term of this Agreement, should the Parties receive information that a person is in violation of the Act as stated above, the Department will offer the person an opportunity to respond and the Department will take action as appropriate and provided for by law, rule, or contract. Should this Act be voided by NC General Statute, this Agreement will remain valid, however this certification will no longer be required. Except as hereinabove provided, the Agreement heretofore executed by the Department and the County on 3/14/2014, is ratified and affirmed as therein provided. Agreement ID # 6406 2 IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the County by authority duly given. L.S. ATTEST: COUNTY OF N ANOVVEER BY:�Z> E 2� BY: TITLE: i2 t C1 tU �E V&ACj TITLE: U mar e DATE: Sl ° DATE:�V /o�0 /6 NCGS 133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you 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. This instrument has been pre - audited in the manner J'Zj'tY • NO required by the Local Government Budget and �O RTy F`is(l��L- I Control Act. 0 > EA T VJ n/ F Z (FINANCE OFFICER) Chie -F FIAOry�Id 0T'FiCff- 3 Federal Tax Identification Number f%7A�LISHE�` 5 - (Do00 3a q Remittance Address: County of New Hanover a - ' c ('�"O eu nne�� 044 i c S f 1 (n5 i A1,1 ws\ �� a��c� DEPARTMENT OF TRANSPORTATION BY: (CHIEF ENGINEER) DATE: APPROVED BY BOARD OF TRANSPORTATION ITEM O: (Date) Agreement ID # 6406 IC-7- Transportation April 19, 2016 New Hanover County Attn: Chris O'Keefe 230 Government Center Suite 165 Wilmington, NC 28403 PAT McCRORY c—r NICHOLAS J. TENNYSON secmra y SUBJECT: 2nd Supplemental Agreement WBS: 3CR.10651.153 Dear Mr. O'Keefe: Enclosed please find two (2) originals of a 2nd Supplemental Agreement between the North Carolina Department of Transportation and New Hanover County for additional funding of $223,620 to complete the subject project. You will need to remit two (2) original signed and sealed copies to Lloyd Royal[, Jr. at the address below. We must be in receipt of these within 90 days or this agreement will be null and void. Please note that any additions, deletions or changes to this agreement are not allowed and will render this agreement null and void. If you have any questions regarding this agreement, please do not hesitate to call me at 910 - 341 -2000. Sincerely, 0 Lloyd G. Royall, Jr., PLS Division Proposal Engineer LGR /tm attachment Nothing Compares% Slate of North Carolina I Depamnenl of Tr ponalion 11Tvision of Hi hw 5501 Barbados Boulevard I Castle Haym, NC 28429 -5047 910 -341 -2000 T Grant Document Routing W: Start date: 5/2/16 From: Teresa Hewett, Finance Department (7408) Signatures required: Lisa Wurtzbacher, Chief Financial Officer Tim Burgess, Assistant County Manager V Teresa Elmore, Clerk to the Board with seal Return to Teresa Hewett, Finance Department (7408) Type(s) of document(s) attached: 2 originals — 2nd Supplemental Agreement — NC DOT — Market Street Improvements Explanation of document(s): In March 2014, the County enter into an agreement with NCDOT to act as the grant flow -thru agency for Market Street improvements being performed by Wilmington Development Partners, LLC. In September 2014, the grant was increased with Supplemental Agreement 1. The work is now complete and has been accepted by the State. In order for the State to process the final payment, Supplemental Agreement 2 is needed to increase the grant an additional amount of $223,620. No Board action is required since this is a flow -thru grant. Please let me know if you have any questions. Thank you ----- or finance department use- - - - - -- DATE ADDED TO LASERFICHE PICKED UP BY: Print Name & Date Signature