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HomeMy WebLinkAboutMiddle Sound Greenway SupplementalsNew Hanover County Contract #18 -0178 B NORTH CAROLINA SUPPLEMENTAL AGREEMENT NEW HANOVER COUNTY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DATE: 9112/2017 TIP M SR -5001 BO AND WBS ELEMENTS: 40924.3.66 NEW HANOVER COUNTY FEDERAL -AID #: CFDA #: 20.205 TOTAL SUPPLEMENTAL FUNDS [NCDOT PARTICIPATION] $110,000 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 New Hanover County, hereinafter referred to as the "County." WITNESSETH; WHEREAS, the Department and the County on 4/25/2012, entered into a certain Project Agreement for the original scope: construct an 8' off road multi -use pathway from Red Cedar Road connecting to sidewalk at Ogden Elementary School., programmed under Project SR -5001 BO, and, WHEREAS, on 8/22/2013, the parties entered into Supplemental Agreements to expand the project scope, increase the project funding, and to extend the project completion date; and, WHEREAS, on 5/9/2017, the County requested to extend the project completion date due to delays in property owner negotiations; and, WHEREAS, the County has requested addition funds to complete the project, NOW THEREFORE, the parties wish to supplement the aforementioned Agreement whereby the following provisions are amended: Agreement ID # 7496 1 FUNDING The Department's participation was $300,OOD. The Department agrees to reimburse the County an additional $110,000 of Safe Routes to School funds, as detailed below. The County shall be responsible for all costs that exceed the total estimated cost. FUNDING TABLE Fund Source Federal Funds Reimbursement Non - Federal Non Federal Amount Rate Match $ Match Rate Safe Routes to School $100,000 100% $0 0% (1 n Agreement) Safe Routes to School $200,000 100% $0 0% (2" Agreement) Safe Routes to School $110,000 100% $0 0% (41" Agreement) Total Estimated Cost $410,000 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. 147-86.55 et seq. requires that each vendor, prior to contracting with the State, certify that the contracting party meets the requirements of the Iran Divestment Act. The State Treasurers Final Divestment List can be found on the State Treasurers 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 are on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran, and neither Party shall utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List. Furthermore, each Party that the undersigned are authorized by the Parties to make this Certification. During the tens 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 Agreement ID # 7496 be voided by NC General Statute, this Agreement will remain valid; however this certification will no onger be required. Except as herelnabove provided, the Agreement heretofore executed by the Department and the County on 4/2512012, is ratified and affirmed as therein provided. Agreement ID # 7496 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 duty given. L.S. ATTEST: NEW HANOV NTY TITLEQ h ` Z TITLE: x`11 DATE: 0 /to DATE: /cam%/ 7 NCGS 133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any Stale 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 OVN Y • A,o required by the Local Government Budget and G pT2 F' I Control Act. p (FINANCE OFFICER) e �y �2 Federal Tax Identification Number •���6t iSHE� 5tc- tcCOO 3aL Remittance Address: New Hanover County Q �7 Approved as to form/County Aftomsy 0920 6'y Ir ecn rn r. 7� 06 )�, An, lrcy 5&(, le Ar S ►,t/Im,�gton Aff aei4o3 - DEPARTMENT OF TRANSPORTATION BY: /JJ���i� (e rool 2RT Q Sit fi.G dlul�i NI+�9r Tgo'*TT "' q /"" �QJZ DATE: I /`✓D " APPROVED BY BOARD OF TRANSPORTATION ITEM O: / d (Date) Agreement ID # 7496 New Hanover County Contract #18 -0178 A NORTH CAROLINA SUPPLEMENTAL AGREEMENT NEW HANOVER COUNTY DATE: 9112/2017 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TIP #: EB -5543 AND WBS ELEMENTS: PE 45846.1.1 ROW 45846.2.1 NEW HANOVER COUNTY CON 45846.3.1 OTHER FUNDING: STPEB - 1403(14) FEDERAL -AID #: CFDA #: 20.205 TOTAL SUPPLEMENTAL FUNDS [NCDOT PARTICIPATION] $136,372 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 New Hanover County, hereinafter referred to as the "County.' WITNESS ET H: WHEREAS, the Department and the County on 11/14/2012, entered into a certain Project Agreement for the original scope: on -road bicycle lanes on Covil Farm Road and Red Cedar Road, and an off - road multi -use path along Middle Sound Loop Road from end of the SRTS Project, This Project will link with the already constructed Cross City Trail., programmed under Project EB -5543; and, WHEREAS, the parties entered into Supplemental Agreements on 4/5/2013 and 12/11/2014 to revise the scope, funding, and completion date of the Project; and, WHEREAS, the parties entered into Supplemental Agreements on 5127/2015 to revise the scope and extend the completion date of the Project; and, WHEREAS, the County has requested to extend the project completion date due to delays in property owner negotiations; and, Agreement ID # 7497 1 TRIPLICATE WHEREAS, the County has requested addition funds to complete the project, NOW THEREFORE, the parties wish to supplement the aforementioned Agreement whereby the following provisions are amended: FUNDING The Department's original participation was $229,674. The Department agrees to reimburse the County an additional $136,372 of Transportation Alternatives Program funds. The County shall provide a local match, as detailed below. The County shall be responsible for all costs that exceed the total estimated cost. FUNDING TABLE Fund Source Federal Funds Reimbursement Non - Federal I Non - Federal Amount Rate Match $ Match Rate Transportation and $229,674 80% $57,419 20% Community and System Preservation (TCSP) (1 x Agreement) Transportation $136,372 80% $34,093 20% Alternatives Program (2ntlAgreement) Total Estimated Cost $457,558 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 -86.55 et seq. requires that each vendor, prior to contracting with the State, certify that the contracting party meets the requirements of the Iran Divestment 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 are on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; and neither Party shall utilize on any contract with Agreement ID # 7497 the State agency any subcontractor that is identified on the Final Divestment List. Furthermore, each Party 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 11/14/2012, is ratified and affirmed as therein provided. Agreement ID # 7497 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 duty given. L.S. ATTEST: NEW HANOV k-0 UNTTYAY �( BY: llsw BY: / LlLhlxnG C• TITLE: f° v--�,_� TITLE: ktSISf.v P nic r J DATE: I / DATE: 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- audhed in the manner required by the Local Government Budget and VSTY. Fi al Control Act. IS _ L) ��y (ptk > (FINANCE OFFICER) O — Federal Tax Identification Number 5(v- (nooc-) f •��a {i5nf0 Remittance Address: Approv das to torn} County 4Attomey New Hanover County 6✓,'ln„a2 /1- , A/6 aS�to3 DEPARTMENT OF TRANSPORTATION BY: d(L+ -C 1K KMr E� rte, Fot2 ,ttm# r-Ajaa++. r� Ti�iirna:r DATE: APPROVED BY BOARD OF TRANSPORTATION ITEM O: r'f (Date) Agreement ID # 7497