FY16 NCDOT Market St Improvements 2nd supplemental
Agreement ID # 6406 1
NORTH 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.”
W I T N E S S E T H:
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 2
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.