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Home My WebLink AboutFY26 PARKS NC DOT BL-0040_Supplemental Agmnt 2 Agreement ID # 13252 1 NORTH CAROLINA 2nd SUPPLEMENTAL AGREEMENT NEW HANOVER COUNTY DATE: 4/28/2025 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TIP #: BL-0040 AND WBS ELEMENTS: PE ____________ ROW ____________ NEW HANOVER COUNTY CON 49659.3.1 OTHER FUNDING: 0332150 FEDERAL-AID #: CFDA #: 20.205 TOTAL SUPPLEMENTAL FUNDS [NCDOT PARTICIPATION] $705,512 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.” W I T N E S S E T H: WHEREAS, the Department and the County on 4/12/2022, entered into a certain Project Agreement for the original scope: construction of connector paths on Middle Sound Loop from Red Cedar to Public and Market Street from Mendenhall to Porter's Neck Walmart., programmed under Project BL- 0040; and, WHEREAS, the Department and Municipality on 02/17/2025 entered into a Supplemental Agreement to extend the completion date to 04/12/2027; and, WHEREAS, the Wilmington Metropolitan Planning Organization has awarded the Municipality additional STBG-DA funds; NOW THEREFORE, the parties wish to supplement the aforementioned Agreement whereby the following provisions are amended: Agreement ID # 13252 2 FUNDING The Department’s original participation was $553,472. The Department agrees to reimburse the County an additional $705,512 of Surface Transportation Block Grant - Direct Attributable (STBGP- DA) funds. The County will provide $176,378 as their local match. REVISED FUNDING TABLE Fund Source (Agreement #) Federal Funds Amount Reimbursement Rate Non-Federal Match $ Non-Federal Match Rate STBG-DA $553,472 80% $138,368 20% STBG-DA $705,512 80% $176,378 20% Subtotal $1,258,984 80% $314,746 20% Total Estimated Cost $1,573,730 WORK PERFORMED BY NCDOT All work performed by the Department on this Project, including, but not limited to, reviews, inspections, and Project oversight, during any phase of the delivery of the Project, shall reduce the funding available to the Municipality under this Agreement. The Department will set aside ten percent (10%) of the total estimated cost, or $157,373 to use towards the costs related to review and oversight of this Project, including, but not limited to review and approval of plans, environmental documents, contract proposals, engineering estimates, construction engineering and inspection oversight, and other items as needed to ensure the Municipality’s appropriate compliance with state and federal regulations. In the event that the Department does not utilize all the set-aside funding, then those remaining funds will be available for reimbursement to the Municipality at the above reimbursement rate. For all cost of work performed on the Project, whether incurred by the Municipality or by the Department, the Municipality shall provide the non-federal match. The Department will bill the Municipality for the non- federal match of any costs that the Department incurs on the Project and for any costs that exceed the Total Estimated Cost TITLE VI The other party to this Agreement shall comply with Title VI of the Civil Rights Act of 1964 (Title 49 CFR, Subtitle A, Part 21) and related nondiscrimination authorities. Title VI and related authorities Agreement ID # 13252 3 prohibit discrimination on the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance. COUNTERPARTS AND ELECTRONIC SIGNATURES This Agreement, and other documents to be delivered pursuant to this Agreement, may be executed in one or more counterparts, each of which will be deemed to be an original copy and all of which, when taken together, will be deemed to constitute one and the same agreement or document and will be effective when counterparts have been signed by each of the Parties. An image of a manual signature on this Agreement, or other documents to be delivered pursuant to this Agreement, will constitute an original signature for all purposes. The delivery of copies of this Agreement or other documents to be delivered pursuant to this Agreement, including executed signature pages where required, by electronic transmission will constitute effective delivery of this Agreement or such other document for all purposes. The Parties hereto further acknowledge and agree that this Agreement may be signed and/or transmitted by email or a PDF document or using electronic signature technology (e.g. DocuSign, Adobe Sign, or other electronic signature technology), and that such signed record shall be valid and as effective to bind the Party so signing as a paper copy bearing such Party’s handwritten signature. By selecting "I Agree”, “I Accept”, or other similar item, button, or icon via use of a keypad, mouse, or other device, as part of the electronic signature technology, the Parties consent to be legally bound by the terms and conditions of Agreement and that such act constitutes a signature as if actually signed in writing. The Parties also agree that no certification authority or other third-party verification is necessary to validate its electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of its electronic signature. The Parties acknowledge and agree that delivery of a copy of this Agreement or any other document contemplated hereby through the electronic signature technology, will have the same effect as physical delivery of the paper document bearing an original written signature. OTHER PROVISIONS Except as hereinabove provided, the Agreement heretofore executed by the Department and the County on 4/12/2022, 02/17/2025 is ratified and affirmed as therein provided. Agreement ID # 13252 4 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: NEW HANOVER COUNTY BY: ______________________________ BY: _____________________________________ TITLE: ____________________________ TITLE: ___________________________________ DATE: ____________________________ 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-audited in the manner required by the Local Government Budget and Fiscal Control Act. (SEAL) _________________________________________ (FINANCE OFFICER) Federal Tax Identification Number _________________________________________ Remittance Address: New Hanover County _________________________________________ _________________________________________ DEPARTMENT OF TRANSPORTATION BY: _____________________________________ (CHIEF ENGINEER) DATE: ___________________________________ APPROVED BY BOARD OF TRANSPORTATION ITEM O: ___________________________ (Date) Assistant County Manager 07/16/2025 56-6000324 230 Government Center Drive, Ste 165 Wilmington, NC 28403 05/01/2025 07/22/2025