Jacksonville_OM_Agreement_02092009 (00000002)

NORTH CAROLINA
ONSLOW COUNTY
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
WE
CITY OF JACKSONVILLE
11112108
SUPPLEMENTAL MUNICIPAL AGREEMENT
PROJECT. B-4214
WBS ELEMENT: 33560.3.1
THIS AGREEMENT is made and entered into on the fast 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 City of Jacksonville, a municipal corporation,
hereinafter referred to as the "Municipality".
W I T N E S S E T H:
WHEREAS, the Department and the Municipality, on the 16th day of July, 2008, entered into
a certain Municipal Agreement, for the replacement of Bridge No. 24 over New River and
approaches on US 17 (Marine Blvd.) in Onslow County; and,
WHEREAS, the parties hereto now wish to supplement the aforementioned Agreement
whereby the following provisions are added.
WHEREAS, the Department shall modify the project plans and specifications to include, but
not be limited to, the construction of certain additional improvements along the project. All work
shall be done in accordance with Departmental standards, specifications, policies and guidelines.
10U1210310*1
follows:
11. The Municipality shall participate in the costs of the additional improvements as
(A) Extension of existing greenway under Bridge No. 24 — 100% reimbursement
upon completion of the work. (Estimated cost to the Municipality is $39,000)

k (B) Installation of sidewalks located along US 17 (Marine Boulevard) on both sides of the
road from the beginning of the project until the beginning of the bridge and from the end of the
bridge until the end of the project — 40% reimbursement upon completion of the work. (Estimated
cost to the Municipality is $19,200)
(C) Betterment cost for installation of classic bridge railing — 100% reimbursement upon
completion of the work. (Estimated cost to the Municipality is $49,800)
(D) Betterment cost for upgrade from type A basin to earthen embankment bio-retention
basin — 100% reimbursement upon completion of the work, (Estimated cost to the Municipality is
$116,758)
(E) Upon completion of the Project, the Municipality, at no expense to the Department,
shall install the bridge lighting. Said work shall be performed in accordance with Departmental
policies, procedures, standards and specification.
(F) The Department shall invoice the Municipality at the appropriate time.
Reimbursement is due within sixty (60) days of the date of the invoice.
(G) In the event the Municipality fails for any reason to pay the Department in
accordance with the provisions for payment herein above provided, North Carolina General Statute
136-41.3 authorizes the Department to withhold so much of the Municipality's share of funds
allocated to said Municipality by the General Statues of North Carolina, Section 136-41.1 until such
time as the Department has received payment in full under the reimbursement terms set forth in this
Agreement. A late payment penalty and interest shall be charged on any unpaid balance due in
accordance with G.S. 147-86,23 and G-S. 105-241.21.
I

12. Upon completion of the Project, the Municipality, at no expense to the Department,
shall assume all maintenance and liability responsibilities for the green ay, sidewalks, retention
basin and the bridge lighting and release the Department from all liability relating to such
maintenance,
All other provisions shall remain the same.
Except as hereinabove provided, the Agreement heretofore executed by the Department and
the Municipality on the 16h day of July, 2008 is ratified and affirmed as therein provided.
No

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 Municipality by authority duly given.
L. S.
ATTEST CITY OF JACKSONVILLE
By: 9.BY:
TITLE, TITLE: &�6r
DATE:
Apyoved by City Council of the City of Jacksonville as attested to by the signature of
Ar 14. TA -r CL clerk of the City Council on 1 7-66
(dat6)
P, r" K'k-
This instrument has been pre -audited
in the manner required by the Local
Gfvernrrrent Buc�t and Fiscal Control Act.
Municipal Finance Officer
Federal Tax Identification Number
City of Jacksonville
Remittance Address,
City of Jacksonville
P. 0. Box 128
Jacksonville, NC 28541
BY:
STATE HIGftAY ADMINISTRATOR
DATE: X;
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