HomeMy WebLinkAboutS Planning - Dept of Trans Bicycle Agreement~ ~
Please return this copy to -
Clerk to the Board's office for PAF
NORTH CAROLINA 04/1 r ~l - ) p ! 9200 7
7/2008
ORANGE COUNTY /~~~'~^' ~'t~
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
BICYCLE AGREEMENT
AND
PROJECT: EB-4409B
COUNTY OF ORANGE WBS 34025.1.1
THIS AGREEMENT is made and entered into on the last date executed below, by and
between the DEPARTMENT OF TRANSPORTATION, anagency ofthe State of North
Carolina, hereinafter referred to as the Department, and the COUNTY OF ORANGE, hereinafter
referred to as the County;
WITNESSETH:
WHEREAS, the Bicycle Transportation Improvement Program includes the mapping and
signing of urban, county and regional bicycle routes; and,
WHEREAS, the Department and the County have agreed to assume certain
responsibilities for production of bicycle map and signage of routes for the Orange County area
(the "project") and authorized by GS 136-71.6.
NOW, Therefore, the parties hereto, each in consideration of the promises and
undertakings of the other as herein provided, do hereby covenant and agree, each with the other,
as follows:
The County shall be responsible for the development of a comprehensive system of
bicycle routes throughout the Orange County area. Said designated bicycle route system
shall be developed in accordance with Departmental standards, and submitted to the
Department's Division of Bicycle and Pedestrian Transportation (DBPT) for review and
approval prior to production of maps and signage.
2. The bicycle map /brochure shall include (but not be limited to), a map highlighting
designated routes and other bicyclist-oriented information, riding tips, safety information,
local history, points of interest, and text describing routes. Said information shall be
compiled by the County and the Institute for Transportation Research and Education and
submitted to the Department for review. All information shown on the map /brochure
shall be subject to approval by the Department's DBPT.
3. The County shall be responsible for securing cartographic and design services for the
production of the map. Said product shall be in a format acceptable to the Department
and will include safety information and riding tips. All work shall be undertaken in a
computer format compatible with DBPT and the Orange County Planning Department
equipment and resources. During the process of developing the map, all draft copies of
the cartographic design, map layout and safety information shall be submitted to the
Department for review and approval. The County and DBPT shall closely monitor the
development of the map and graphics, and thoroughly review the final draft for
inaccuracies. Any inaccuracies found shall be corrected by the County before submittal
of the final draft to the Department.
4. Upon approval of the final draft by the Department, the County shall print a minimum of
20,000 copies of the map in a full four-color format. One thousand (1,000) copies of the
completed map, plus a copy of the final digital files shall be provided to the Department
by the County. In addition, any artwork (including base map and overlays) created
specifically for this project shall become the property of the County and the Department.
5. All work shall be completed by the County within two (2) years from the date of
execution of this agreement unless a project extension is granted by the DBPT. Project
extension request shall be in writing and must provide sufficient justification.
6. The Department shall participate in the costs of the project for actual costs not to exceed
$50,000. Project costs that exceed this amount shall be borne by the County.
A. The County may bill the Department for actual costs as herein stated by submitting
partial invoices, in quadruplicate, to the Department's DBPT. Reimbursement to the
County shall be made upon approval of said invoices by the DBPT and the
Department's Fiscal Section. Payment by the Department shall be made to the
County within 30 days of the date of invoice.
B. If the work is performed by County force account, said invoices shall show a
summary of labor, labor additives, equipment, materials and other qualifying costs in
conformance with the standards for allowability of costs set forth in Office of
Management and Budget (OMB) Circular A-87. Reimbursement shall be based on
actual cost incurred with the exception of equipment owned by the County.
Reimbursement for rates of equipment owned by the County cannot exceed the
Department's rates in effect for the time period in which the work is performed. If
the work is performed by a contractor, said invoices shall show the contract cost.
C. In accordance with North Carolina General Statute 159-34, as amended by House Bill
1036, dated June 4, 1987, (an Act to Implement the Single Audit Act in North
Carolina), the County shall arrange for an independent financial and compliance audit
of its fiscal operations and grants administration in accordance with OMB Circular A-
128, "Audits of State and Local Governments" dated April 12, 1985 and the Federal
Single Audit of 1984. The County shall furnish the Department with a copy of the
independent audit report.
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D. A final itemized invoice listing all costs shall be submitted to the DBPT upon
completion of the project.
E. The County agrees it shall bear all costs for which it is unable to substantiate actual
costs.
F. Failure on the part of the County to comply with any of these provisions will be
grounds for the Department to terminate participation in the costs of the project.
G. All invoices must be submitted within one (1) year of completion and acceptance of
the project by the Department.
7. The County shall maintain all books, documents, papers, accounting records, and other
such evidence as maybe appropriate to substantiate costs incurred under this Agreement.
Further, the County shall make materials available at its office at all reasonable times
during the contract period, and for five (5} years from the date of final payment under this
Agreement, for inspection and audit by the Department's Fiscal Section.
8. Per OMB Circular A-133, the County is prohibited from contracting with or making
subawards under transactions covered by this agreement to parties that are suspended or
debarred or whose principals are suspended or debarred. Covered transactions include
procurement contracts for goods or services equal to or in excess of $25,000 and all
nonprocurement transactions (e.g., subawards to subrecipients). Contractors receiving
individual awards for $ 25,000 or more and all subrecipients must certify that the
organization and its principals are not suspended or debarred. The County may rely upon
the certification unless it knows that the certification is erroneous.
9. All terms and conditions of this Agreement are dependent upon, and, subject to the
allocation of funds for the purpose set forth in the Agreement and the Agreement shall
automatically terminate if funds cease to be available
10. The County, and/or its agent, shall comply with the following federal policies: (a)
Conflict of Jnterest; (b) Equal Employment Opportunity; (c) Title VI -Civil Rights Act
of 1964.
11. The County, including all contractors, sub-contractors, or sub-recipients, shall also
comply with the following federal policy: Disadvantaged Business Enterprise (DBE) as
defined in 49 CFR Part 26.:
DISADVANTAGED BUSINESS ENTERPRISE 03-15-07R
POLICY
It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises shall
have the opportunity to participate in the performance of contracts financed in whole or in part by Federal Funds in
order to create a level playing field.
The Firm is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements.
OBLIGATION
The Firm, subcontractor, and sub-recipient shall not discriminate on the basis of race, color, national origin, or sex in
the performance of this contract. The firm shall carry out applicable requirements of 49 CFR 26 in the award and
administration of federally assisted contracts. Failure by the firm to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other remedy, as the Department
deems necessary.
GOALS
A. Disadvantaged Business Enterprises (DBE) goals will not be established for the scope of work identified in
Provisions 2-6 of this agreement. For those items of work, the Municipality shall report the anticipated
utilization of DBE's during the completion of this work as defined in the LISTING OF DBE
SUBCONTRACTORS below.
B. Goals for participation by Disadvantaged Business Enterprises (DBE) shall be established for this contract
and approved by NCDOT's Contractual Services Unit prior to advertising for construction bids. In
accordance with Bicycle Pedestrian Improvement Program guidelines, a Disadvantaged Business
Enterprise special provision will be submitted along with the funding authorization for the construction
phase of the project.
The Firm shall exercise all necessary and reasonable steps to ensure that Disadvantaged Business Enterprises
participate up to the level submitted in the firms Letter of Interest (LOI) or project proposal.
LISTING OF DBE SUBCONTRACTORS
All firms, at the time the project proposal is submitted, must also submit a listing of DBE participation on the
appropriate form (or facsimile thereof) contained elsewhere in this proposal in order for the project proposal to be
considered responsive. Firms must indicate the total dollar value of DBE participation for the contract. In the event
the firm has no DBE participation, it is still required to indicate this on the forms by entering the word or number
zero. Blank forms will not be deemed to represent zero participation. PROJECT PROPOSALS SUBMITTED
WHICH DO NOT HAVE DBE PARTICIPATION INDICATED ON THE APPROPRIATE FORM WILL NOT BE
READ PUBLICLY DURING THE OPENING OF PROJECT PROPOSALS. The Department will not consider
these project proposals for award and they will be returned to the firm.
Firms have the option of submitting their DBE participation in an abbreviated format as required in Paragraph A
below, or the firm may submit their DBE participation in the additional detail required by Paragraph B below. In
the event the fum elects to submit DBE participation in accordance with Paragraph A and is selected, that firm must
deliver to the Department no later than 12:00 noon of the sixth day following the opening of project proposals, a
detailed DBE submittal as required by Paragraph B below.
Only those DBE firms with current certification by the Department will be considered acceptable for listing in the
firm submittal of DBE participation.
A. The Firm shall indicate on the form for listing of DBE subcontractors contained elsewhere in this proposal
the following required information:
REQUIRED INFORMATION
(1) The names and federal tax ID of DBE firms committed to participate in the contract
(2) The description of the Service or Item to be performed and/or provided by each DBE firm; and
(3) The anticipated utilization of each DBE based on planned efforts.
Failure to indicate the required information on the specified form will cause the LOI or project proposal to be
considered nonresponsive and it maybe rejected.
B. In lieu of submitting the information required by (A) above, the firm may submit the detailed information
that required below along with the LOI or project proposal form
REQUIltED INFORMATION
(1) The names and federal tax ID of DBE firms committed to participate in the contract
(2) The Contract Item Numbers and Contract Item Descriptions and agreed upon unit prices of work
to be performed by each DBE firm; and
(3) The total dollar amount to be paid to each DBE based on agreed upon unit prices.
Failure to indicate the required information on the specified form will cause the LOI or project proposal to be
considered nonresponsive and it maybe rejected.
The firm is required to submit written documentation of the firm's commitment to use a DBE subcontractor and
written confirmation from each DBE, listed in the proposal form, indicating their participation in the contract.
The Department will not allow any substitutions, deletions, or other alterations to the listing of firms committed for
DBE participation and/or the respective listed contract item numbers after the opening of the LOI or proposal. The
Department will not allow adjustments to total dollar amount of DBE participation after the opening of LOI or
project proposals that would result in the DBE participation being less than the anticipated utilization.
DBE DIRECTORY
Firms can access a list of Disadvantaged Business Enterprises (DBE) which have been certified as such by the North
Carolina Department of Transportation by clicking on the following http://apps.dot.state.nc.us/vendor/duector~.
Only those DBE firms with current certification may be listed in the proposal form
The listing of an individual fum in the Department's directory shall not be construed as an endorsement of the firms'
capability to perform certain work.
DEFINITIONS
For purposes of this provision the following defmitions will apply:
(1) Socially and economically disadvantaged individuals means a person who has a net worth of
$750,000.00 or less and is a citizen or lawful permanent resident of the United States and who is:
(a) A Black American
(b) A Hispanic American
(c) A Subcontinent Asian American
(d) A Native American
(e) An Asian-Pacific American
(f) A woman
(g) Members of other groups, or other individuals found to be economically and socially
disadvantaged by the Small Business Administration under Section 8(d) of the Small
Business Act, as amended (15 U.S.C. 637(d)).
(h) Members of other groups, or other individuals found to be economically and socially
disadvantaged by the N. C. Department of Transportation under the Criteria for
Disadvantaged Business Enterprises as published by the Department.
(2) Disadvantaged Business Enterprise (DBE) means afor-profit small business concern.
(a) That is at least 51 percent owned by one or more individuals who are both socially and
economically disadvantaged or, in the case of a corporation in which 51 percent of the
stock is owned by one or more such individuals; and
(b) Whose management and daily business operation are controlled by one or more of the
socially and economically disadvantaged individuals who own it,
REPORTING DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
When payments are made to Disadvantaged Business Enterprise firms, including material suppliers, firms at all
levels (prime, subcontractor, or second tier subcontractor) shall provide the Engineer or Contract Administrator with
an accounting of said payments. This accounting shall be famished the Engineer or Contract Administrator for any
given month by the end of the following month. Failure to submit this information accordingly may result in (1)
withholding of money due in the next partial pay estimate; or (2) removal of an approved Firm from the prequalified
bidders list or the removal of other entities from the approved subcontractors list. The accounting shall list for each
payment made to a Disadvantaged Business Enterprise fum the following:
DOT Project Number
Payer Firm Name and Federal Taxpayer ID
Receiving Subcontractor or Material Supplier and Federal Taxpayer ID
Amount of Payment
Date of Payment
This document shall be on the Department's DBE Subcontractor Payment Information Form.
A responsible fiscal officer of the payee firm, subcontractor, or second tier subcontractor who can attest to the date
and amounts of the payments shall certify that the accounting is correct. A copy of an acceptable report may be
obtained from the Engineer or Contract Administrator.
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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, as evidenced by the attached certified copy of Resolution,
Ordinance or Charter Provision, as the case maybe.
L.S.
ATTEST:
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COUNTY OF ORANGE
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This instrument has been pre-audited
in the manner required by the Local
Government Budget and Fiscal
Control Act.
County Fin c O facer
Federal-• ax Identification Number
SC.o- ~ooc~32
COUNTY OF ORANGE
REMITTANCE ADDRESS:
County of Orange
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DEPARTME OF TRANSPORTATION
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Secretary for Transportation
APPROVED AS TO FORM: DATE: ~`L`~~~10X
ASSI ANT ATTO Y GENERAL
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RESOLUTION PASSED BY THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF ORANGE, NORTH CAROLINA
A motion was made by ' ~ ~,(~ and seconded by `
for the adoption of the following Resolu ion, and upon being put to a vote was
duly adopted:
WITNESSETH:
WHEREAS, the County of Orange has requested Transportation Improvement Program
funds to undertake the development of a mapped and signed bicycle transportation system for the
Orange County area, and,
WHEREAS, the Department may provide financial assistance in the development of such
a prof ect, and,
WHEREAS, the Department and the County of Orange have agreed that a bicycle map is
desired to provide information for bicyclists on roadway conditions and to show designated
bicycle routes, and,
WHEREAS, the Department has agreed to reimburse the County for the actual cost of the
printing of a minimum of 20,000 maps; and,
WHEREAS, the Department shall reimburse the County for the actual costs of the project
in an amount not to exceed $50,000, and,
WHEREAS, the County shall be responsible for all costs that exceed the agreed upon
maximum amount, and,
WHEREAS, the County of Orange desires to enter into a reimbursement agreement with
the Department whereby the County shall develop a bicycle transportation map,
NOW, THEREFORE, BE IT RESOLVED that this Project is hereby formally approved
by the Orange County Commissioners and that the Manager of this County is hereby empowered
to sign and execute the Agreement with the Department.
I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina,
DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on October 9, 2007, as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this ~ day
G~tsr~~
_~~ ~
~aca,~
Clerk to the"Board of Commissioners