Loading...
HomeMy WebLinkAboutAgenda - 05-19-2009 - 4qORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 19, 2009 Action Agenda Item No. ~{- ~ p SUBJECT: Resolution Endorsing Congestion Mitigation and Air Quality (CMAQ) Grant Agreement with the NCDOT DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 1. CMAQ Agreement & Resolution Karen Lincoln, 245-2594 2. Project Overview from Revised Craig Benedict, 245-2592 Application PURPOSE: To consider accepting conditions set forth in a Congestion Mitigation and Air Quality (CMAQ) Agreement Resolution with the North Carolina Department of Transportation (NCDOT). BACKGROUND: Congestion Mitigation and Air Quality (CMAQ) grants are available to jurisdictions in air quality non-attainment areas designated by the State and the Environmental Protection Agency. The CMAQ Program requires a minimum 20% local match and reimburses jurisdictions for project costs through conditions in a Memorandum of Agreement. Projects must show quantifiable emissions reduction to improve air quality. The North Carolina Department of Transportation (NCDOT) has recently modified the Congestion Mitigation and Air Quality (CMAQ) Program. One of the changes is to undertake a process to provide full funding in FY 2009 for Fast-Tracked Projects. The Durham-Chapel Hill- Carrboro (DCHC) Metropolitan Planning Organization (MPO) endorsed Orange County's CMAQ project, Transportation Improvement Program (TIP) project number C-4932, as aFast-Tracked Project in January 2009. NCDOT will make every effort to provide 100% federal funding for all Fast-Tracked Projects for which the required pre-construction documentation has been completed and submitted to NCDOT by August 29, 2009. NCDOT has prepared the attached Project Agreement between NCDOT and Orange County and has requested that it be reviewed, signed and returned within 60 days. The County, in December 2004, endorsed a resolution to approve a Congestion Mitigation and Air Quality (CMAQ) Program grant application for the following: 1) Transit Center at the Durham Technical Community College satellite campus site at Waterstone, 2) Park-and-Ride Facility at the Durham Technical Community College satellite campus site at Waterstone, 3) Three years operations assistance fora new Orange Public Transportation intra- Hillsborough route, and 4) Committed funding, subject to any additional information and review, for the required local match for each year's allocation, and for future operations of the intra-Hillsborough transit route. NCDOT delays in programming CMAQ funds postponed funding past the requested construction year, rendering costs associated with the park-and-ride lot ineligible for reimbursement through the federal CMAQ program. In August 2008, the County submitted a revised application moving the funding for the park-and- ride lot to transit operations. NCDOT and the Federal Highway Administration accepted the revised application. The 2009 CMAQ funds will pay for: • Transit shelter at Durham Technical Community College, • Four (4) bicycle racks and installation on OPT buses, and • First year's operating expenses (up to the grant request of $198,000) to start the intra- Hillsborough transit service. FINANCIAL IMPACT: There is no financial impact for FY 2009. Orange County will be obligated for costs over $130,680 of operating the intra-Hillsborough transit service for FY 2010 - 2011 and all costs for operations thereafter. RECOMMENDATION (S): The Manager recommends the Board: 1. Endorse the Resolution Accepting Conditions in the CMAQ Agreement with NCDOT and authorize the County Manager to sign the agreement; and 2. Direct staff to continue discussions with the Town of Hillsborough regarding sharing in the local match for the second and third years operating expenses for the intra-Hillsborough transit route and contributing to future capital and operations costs of that service. 3 NORTH CAROLINA LOCALLY ADMWISTERED PROJECT -FEDERAL ORANGE COUNTY DATE: 413109 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TIP #: C-4932 AND WBS Eiements:G4932A PE 44032.'!.1 ROW 44032.2.1 ORANGE COUNTY CON 44032.3.1 WBS Elements: C-49328 PE ROW CON 44032.3.2 OTHER FUNDING: CFDA #: 20.205 TENS AGREEMENT is made and entered Into on the last date executed below, by and between the North Carolina Department of Transports#ion, an agency of the State of North Carolina, hereinafter referred to as the Department and Orange County ,hereinafter referred to as the County. WITNESS ET M: WHEREAS, Section 1808 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act--A Legacy for Users (SAFETEA - LU), establishes CMAQ funds, which require that federal funds be available-for certain specified transportation activities; and, WHEREAS, the Federal Energy Independence and Security Act of 2007 allows the obligation of 100% Federal funding for CMAQ Projects authorized durln~ Federal Fiscal Year 2009; and, WHEREAS, the County has requested federal funding for Park and Ride shelters, hereinafter referred to as the Project, in Orange County, Narth Carolina; and, WHEREAS, subject to the availability of federal funds. the County has been designated as a recipient to receive funds allocated to the Department by the Federal Highway Administration (FHWA) for the Project; and, WHEREAS, the Department has agreed to administer the disbursement of said funds on behalf of FHWA to the County for the Project in accordance with the Project scope of work and in accordance with the provisions set out in this Agreement; and, WHEREAS, the Department has programmed funding in the approved Transportation Improvement Program for the Project; and, Agreement iD # 149 1 WHEREAS, the governing board of the County has agreed to participate in certain costs and to assume certain responsibilities in the manner and to the extent as hereinafter set out; and, WHEREAS, this Agreement is made under dte authority granted to the Department by the North Carolina General Assembly induding, but not limited to, the folbwing legislation: General Statutes of North Carolina (NCGS) Section 136-66.1, Section 136-71.6, Section 160A-296 and 297, Section 13fi- 18, Section 136-41.3 and Secfion 20-189, to participate in the planning and construction of the Project approved by the Board of 'Transportation. NOW, THEREFORE, the parties hereto shall execute this Agreement within ninety (90) days of receipt of this Agreement. In the event the County fails to execute said Agreement within ninety (90) days of receipt, the County shall be evaluated by the Department to determine whether forfeiture of funds is warranted. This Agreement states the promises and undertakings of each party as herein provided, and the parties do hereby covenant and agree, each with the other, as follows: 1. GENERAL PROVISIONS AGREEMENT MODIFiCAT10NS Any modification to this Agreement will be agreed upon in writing by ail parties prior to being implemented. Any increases to the funding amount will be agreed upon by all parties by means of a Supplemental Agreement. SPONSOR TO PERFORM ALL WORK The County shall be responsible for administering elf work performed and for certifying to the Department that aEl terms set forth in this Agreemen# are met and adhered to by the County andlor its contractors and agents. The Department will provide technical oversight to guide the County. The Department must approve any assignment or transfer of the responsibilities of the County set forth in this Agreement to other parties or entities. Agreement ID # 149 2 S COMPLIANCE WITH STATEIFEDERAL POLICY The County, and/or its agent, including all contractors, subcontractors, or sub-recipients shall comply with all applicable Federal and State poiiaes and procedures, stated both In this Agreement and in the Department's guidelines and procedures. FAILURE TO COMPLY -CONSEQUENCES Failure on the part of the County to comply with any of the provisions of this Agreement will be grounds for the Department to terminate participation in the casts of the Project and, if applicable, seek repayment of any reimbursed funds. 2. SGOPE OF PROJECT The Project consists of the construction and operation of a Park and Ride shelter at the Durham Technical Community College, which will provide transit service to downtown Hillsborough, and the instaNation of four bicycle racks an Orange Public Transportation Buses. The Department's funding participation in the Project shall be restricted #o the following eligible items: ^ Planning/Design ^ Construdion ^ Operating Expenses as further set forth in this Agreement. 3. FUNDING For Federal Fiscal Year 2009, subject to compliance by the County with the provisions set forth in this Agreement and the availability of federal funds, the bepartment shall participate as detailed below in the FUNDING TABLE, subject to the following conditions. 1. If the County submits all required pre-construction documentation by August 29, 20U9, then the Department will reimburse 100% of the project costs up to a maximum of $218,275 [100%]. Agreement ID # 149 3 2. !f the County does ~ submit all required pre-construction documentation by August 29, 2009, then the Department will reimburse the percentages of project costs as shown in the funding table up to a maximum of $146,900. The County shall provide a local match, as detailed in the table below, and all costs that exceed the total estimated cost. FUND)[~~ TABLE CAPITAL IMPRCIVEMENTS - FY 2009 C-4932 A -DCHC __ Fund Source Total Estimated Cost (100%) Federal Funds Amount ~ Non-Federal Match (80%) i (2090) _CMAQ ,^,__~ __ $5,797 $4,540 $1,257 ~ I ~ _.~ _..._..~.._.__._ u _.__._.._._. ..__..__ C-4932 B - TARPO Fund Source Total Estimated Cost (100°~) Federal Funds Amount Non-Federal Match (80%} (20%) CMAQ $74,478 $11.880 ; $2,798 ©PERATiNG ASSISTANCE - FY 2009 C-4932 A -DCHC Fund Source Total Estimated Cost Federal Funds Amount [Non-Federal MatchN _ (100%) _ _ ~ (66%) i (34°/s) ___~.1_,.._ ______. ~ CMAQ _` _$87,080 ~_w._. - _ $58,806~ ~~~~_$28,274,-~,_ C-4932 B - TARP__O Fund Source Total Estimated Cast Federal Funds Amount iNon-Federal Match (100%) - (B6%) ! (34y°) CMAQ $110,920 _ ~ $71,874~~ i -~A$39,046 For Federal Fiscal Years 2010 and 2011 and subject to compliance by the County with the provisions set forth in this Agreement and the availability of federal funds, the Department shall participate up to a maximum amount of TWO HUNDRED SIXTY ONE THOUSAND THREE HUNDRED SIXTY DOLLARS ($261,360), as detailed below. The County shall provide a tocai match, as detailed in the Funding Table below, and al! costs that exceed the total estimated cost. OPi=RATING R551STANCE - FY 2(510 C-4932 B - TARPO - Federal Funds ~ Reimbursement Amount ;Rate Non-Federal Amount Non-Federal Match Rate FY 2010 $130,680 66% $67,320 34% Agreement 1D # 149 4 OPERATING ASSISTANCE -- FY 2G# 1 C-4932 B - TARPO Federal Funds Reimbursement Non-Federal Non-Federal Amount ~ Rate Amount Match Rate FY 2011 $930,680 ti6% $67,320 34% 4. USEFUL LIFE The Useful Life of this Project is determined to be 20 years. Any leases or encroachments entered into by the County for this Project shall be for the length of the Useful Life. If the Project ceases to be used and designated as described in this Agreement, within the period of the Useful Life, the Department will require reimbursement for the amortized value of the Department's initial investment. 5. TIME FRAME The County, and/or its agent, shall complete the construction phase of the Project within one (7 } year of execution of this Agreement. The County shall meet miiestone dates as stated herefi or the Department reserves the right to revoke the funds awarded if the County is unable to meet any miiestone dates. The Department may extend the deadline for miiestone activities if, in the opinion of the Department, circumstances warrant. Extensions of time granted will be documented in writing. The Project must progress in a satisfactory manner as determined by the Department or the Department and/or FHWA reserves the right to de-obligate said funding. - 6. PRELIMINARY ENGINEERING AUTHORIZATION if Preliminary Engineering is an eligible expense, then upon receiptof an executed agreement, the Department will authorize Preliminary Engineering funds and shah notify the County, in writing, once funds have been authorized and can be expended. The County shall not initiate any work, nor solicit for any professional services prior to receipt of written authorization from the Department to proceed. Any work performed, or contracts executed, prier to receipt of written authorization to proceed will be ineligible far reimbursement. Agreement ID # 149 5 8 7. PROFESSIONAL AND ENGINEERING SERVICES PROCUREMENT POLICY When procuring professional services, the County must adhere to Title 49 Code of Federal Regulations, Part i 8.36, Title 23 of the Gode of Federal Regulations, Part 172, Title 40 United States Code, Chapter 11, Section 1101-1104, North Carolina General Statute 143-64, Parts 31 and 32 and the Department's Policies and Procedures far MaJor Pmfessiona! or SpecfalJzed Services Corrfracfs. Said policies and standards are incorporated in this Agreement by reference at www.fhwar~Qt.govAegs~ggs/legislat.html and www ncle~ hetlgascrints/StatuteslStatutes asg. ^ The County shall ensure that a qualified firm is obtained through an equitable selection process, and, that prescribed work is property accomplished in a timely manner and at a just and reasonable cost. ^ if fhe Department is participating in the costs of professional services and the proposed contract exceeds $30,000, apre-negotiation audit must be requested from the Department's External Audit Branch. ^ Reimbursement of construction administration costs cannot exceed fifteen percent (15%) of the total construction contract. SMALL PROFESSIONAL AND EN{31NEERING SERVICES FIRMS REQUIREMENTS Any contract entered into with another party to perform work associated with the requirements of this agreement shall contain appropriate provisions regarding the utilization of Small Professional Services Firms (SPSF). This policy conforms with the SPSF Guidelines as approved by the NC Board of Transportation. These provisions are incorporated into this Agreement by reference www.ncdotorg/doh,(pf~constructlps/contractslso/20QC~Sp1 unici a{~ I.html The County shalt not advertise nor enter into a contract for services performed as part of this agreement, unless the Department provides written approval of the adverfisement or fhe contents of the contract. ^ >f the County fails to comply with these requirements, the Department will withhold funding until these requirements are met Agreement tD # 149 I 8. PLANNING AND DESIGN CONTENT OF PLAN PACKAGE The County, and/or its agent, steal! prepare the Project's plans, specifications, and a professional estimate of costs (PS&E package), in accordance with the Department's guidelines and procedures, and applicable Federal and State standards. All work shag be submitted to the Department for review and approval. The plans shall be completed to show the design, site plans, landscaping, drainage, easements, and utility conflicts. TIME FRAME FOR SUBMCTTAL The preliminary PS&E package is due to the Department within six (6) months of execution of this Agreement "fhe final PS8~E package is due within eight (8) months of execution of ttris Agreement 9. ENVIRONMENTAL DOCUMENTATION The County shall prepare the environmental andlor planning document, including any environmental permits, needed to construct the Project, in accordance with the National Environmental Policy Act (NAPA) and all other appropriate environmental caws and regulations. All work shaA be pertormed in accordance with Departmental procedures and guidelines. Said documentation shaii be submitted to the Department for review and approval. The County shall be responsible for preparing and filing with all proper agencies the appropriate planning documents, including notices and applications nquired to apply far those permits necessary for the construction of the desired improvements. Copies of approved permits should be forwarded to the Department. ^ The County shalt advertise and conduct any required public hearings. if any permit issued requires that action be taken to mitigate impacts associated with the improvements, the County shall design and implement a mitigation plan. The County shall bear all costs associated wi#h said mitigation plan, including penalties for violations and claims due to decays. Agreement lD # 149 qa • The County shall be responsible for designing an erosion control plan if required by the North Carolina Sedimentation Pollution Control Act of 1973, North Carolina General Statute 113A, Article 4, incorporated in this Agreement by re#erence at www.ncleg.netlaascriots/Statg~~~lStatutes.esp and obtaining those permits required thereby in order to construct the Protect. During the construction of the improvements, the County, and its contractors and agents, shall be solely responsible far compliance with the provisions of said Act and the plan adopted in compliance therewith. 10. RIGHT OF WAY f UTILITY AUTHORIZATION if the costs of right ofway acquisition or utility relocation are an eliglbte expense, the County shall submit a letter of request to the Department to authorize and set up right of way andlor utility funding. The acquisition for right of way, construction easements, andlor uta7ity relocation may be undertaken only after the County receives written authorization from the Department to proceed. 11. PROJECT LIMITS AND RIGHT OF WAY (ROW) SPONSOR PROVIDE ROW The County, at no liability whatsoever to the Department, shall be responsible for providing andlor acquiring any required right ofway andlor easements far the Project. TIME FRAME FOR ROW ACTIVITY The County wi}I accomplish all ROW activities, to include certiFcation of ROW, within 6 months of execution of this Agreement. RIGHT OF WAY GUIDANCE The County shall accomplish ail right of way (ROW} activities, including acquisition and relocation, in accordance with the following: Federal Aid Policy Guide, Title 23 of the Cvde of Federa! Regulations, Part 710, Subpart B, and Trtle 49 of the Code of Federal Regulations, Part 24, [tJnfform Act] incorporated by reference at www.ft~wa.dot.goo/€egsr,~g3(~Le~[yes/faoatoc.htm; North Carolina General Statutes, Chapter 133, Article 2, Sections 133-5 through 133-18, Relocation Assistance, incorporated by reference at Agreement 1D # 149 8 I~ www.ndec~netlgascripfs/Statutes/Statutes.aso; and the North Carolina Department of Transportation Right of Way Manual. APPRAISAL If the costs of right of way acquisition are an eligible expense, the County shad submit the appraisal #o the Department's Right of Way Branch for review and approval in accordance with Departmental policies and procedures. CLEARANGE OF PROJECT LIMITS/RIGHT OF WAY Th® County shall remove and dispose of all obstructions and encroachments of any kind or character {including hazaMous and contaminated materials) from said right of way, with the exception that the Gounty shad secure an encroachment agreement far any utilities {which shall remain or are) to be installed within the right of way. The County shah indemnify and save harmless the Department, Federal Highway Administration, and the State of North Carolina, from any and ail damages and claims for damages that might arise on account of said right of way acquisition, drainage, and construction easements far the construction of said Project. The County shalE be solely responsible for any damages caused by the existence of said material now and at any time in the future and will save the Department harmless from any legal actions arising as a result of this contaminated andl or hazardous material and shall provide the Department with documentation proving the proper disposal of said material. RELOCATION ASSISTANCE The County shall provide relocation assistance services and payments for families, businesses, and non-profit organisations being displaced by the Project in full accordance with the Federal relocation requirements of 49 Cade of Federal Regulations, Part 24 [Uniform Act], as amended. Relocation assistance services and payments may be accomplished by contract with any other municipal corporation, or State or Federal agency, rendering such services upon approval by the Department and Federal Highway Administration. Agreement ID # 9~9 12. UTILITIES The County, and/or its. agent, at no liability to the Department, shall relocate, adjust, relay, change or repair all utilities in conflict with the Project, regardless of ownership. Ail utility work shall be performed in a manner satisfactory to and in conformance with State and Federal rotes and regulations, prior to County beginning construction of the project. The County shalt submit a request, in writing, to ail utility owners to relocate ar adjust their facilities in accordance with the Right of Way Acquisition Policy contained in the Federal-Aid Policy Guide, Title 23 of the Code of Federal Regulations, Part 710, Subpart B, incorporated by reference at www.fhwa.doj~goUnegsregs/directives/fao~~g. h#m. 13. ENCROACHMENT AGREEMENT If any part of the Project is located on State Highway System right of way or property, the County shall secure an Encroachment Agreement with the Department prior to performing any work or improvements on that rlgh# of way or property. 14. RIGHT OF WAY CERTIFICATION The County, upon acquisition of all right of way/property necessary for the Project, shall provide the Right of Way Agent, located at the Department's !_ocal Right of Way Office, all required documentation {deedsAeases/easement/plans) to secure right o€ way certification from that office. Certification is only issued after all ROW is in public ownership or property is publicly accessible by a legal document and utilities in conflict with the project are relocated. 15.CONSTRUCTION AUTHORIZATION The County shall submit the required environmental andlor planning document, right of way certification, final construction plans, total contract proposal, and an estimate of Project costs {final PS&E package) to the Department for review and approval ^ After approval of all documentation, the bepartment will request construction authorization from the Federal Highway Administration. • The County shall not advertise far bids prior to receiving written construction authorization from the Department. Agreement ID # 949 90 ~a 16.CONTRACTOR PROCUREiIAENT ADVERTISE FOR BIbS Upon receipt of written construction authorization from the Department, the County may advertise the Project. The County shai! follow applicable Federal andlor State procedures pertaining to the advertisement of the Project, bid opening, and award of the contract, according to Title 49 of the Coda of Federal Regulations, Part 18.38 and Title 23 of the Code of Federat Regulations, Part 633, Subpart A, and Part 635, Subpart A, incorporated by reference at www.fhwa.dot.gov/legsregs/directivesffapgtoc.htm; and North Carolina General Statukes, Chapter '143, Article 8 (Public Contracts), incorporated by reference at www.n~g.net/gascri tp s/StatuteslStatutes.asp. CONSTRUCTION SUBCONTRACTOR REQUIREMENTS Any contract entered into with another party to perform work associated with the requirements of this agreement shah contain appropriate provisions regarding the utilization of Disadvantaged Business Enterprises {DBEs), or as required and defined in Title 49 Part 26 of the Code of Federal Regulations and the North Carolina Administrative Cade. These provisions are incorporated into this Agreement by reference www. ncd ot. oroldoh/nreconstructl~slcgn~ractslsp/2008splmunirapai.html. The County shai) not advertise nor enter in#o a con#ract for services performed as part of this Agreement, unless the Department provides written approval of the advertisement or the contents of the contract. = If the County fails to comply with these requirements, the Department will withhold funding until these requirements era met. AWARDING CONTRACT After the advertisement of the Project for construction bids, the County shai) request concurrence from the Department to award the construction contract by submitting a latter along with tabulated bids received depicting Disadvantaged Business Enterprises (DBE) goals, and a resolution recommending award of the Project to the lowest responsible responsive bidder. The Department will review the submitted information and provide written approval to the County prior to the contract being awarded by the County. , Agreement 1 D # 143 11 13 DELAY IN PROCUREMENT In the event the Project has not been let to contract within six (ti) months after receiving construction authorization from the Department, the County shall be responsible for documenting to the Department justification for project delay and that the Project remains in compliance with the terms of this Agreement, the approved plans and specifications, and current codes. FORCE ACCOUNT ^ Force account work is only allowed when there is a finding of cost offectiveness for the work to be performed by some method other than contrail awarded by a competitive bidding process. Written approval from the Department is required prior to the use of force account by the County. Federal Highway Administration regulations governing Force Account are contained in Federal-Aid Policy Guide, Title 23 Code of Federal Regulations, Part 635201, Subpart 13; said policy being incorporated in this Agreement by reference www_fhwa.dotg u~s~r gsldirectiveslcfr23toc.ht~. North Carolina G®nerai Statutes governing the use of Force Account, Chapter 143, Article 8 (Public Contrails) can be found at www.ncleg.netlgascriptslStatutesLStatutes.asp. • Documenting casts far Force Account are covered under the REIMBURSEMENT section. 17. CONSTRUCTION The County, andlor its agents shall construct the Project in accordance with the plans and specifications of the Project as filed with, and approved by, the Department During the constructioz3 of the Project, the procedures set out below shall be followed: CONSTRUCTION CONTRACT ADMINISTRATION The County shall comply with the NCDOT Construction Manual as referenced at www.ncsiot.ota/doh/operations/dp chief ena/constructianunit/formsmanuals/cm.html, which outlines the procedures for records and reports that must be adhered to in order to obtain uniformity of contract administration and documentation. This includes, but is not limited to, inspection reports, material test reports, materials certification, documentation of quantities, project diaries, and pay records. Agreement ID # 14S 12 14 SIGNAGE The County shall provide and maintain adequate signage and other warning devices for the protection of the public in accordance with the approved trafflc control plans for the Project and the current edition of the Manual on t3niform Traffic Control Devices (MUTCD} for Streets and Highways, or arty subsequent revision of the same, published by the Federal H~hway Administration and effective at the time of award of the contract. SITE LAYOUT The County shall be responsible €or ensuring that ail site layout, construction work, and Project documentation are in compliance with applicable city, state and federal permits, guidelines, and regulations, including American Association of State Highway and Transportation Officials (AASHTO} guidelines and American with Disabilities Act (ADA} Standards for Accessible Design fwww usdojgov/crtlada/~tdsodf.htm}. CONSTRUCTION ENGINEEERING, SAMPLIN{3, TESTING The Gounty, and/or its agent, shat! perform the construction engineering, sampling and testing required during construction of the Project, in accordance with Departmental procedures, including the Department's Guide for Process Control and Acceptance Sampling and Testing. The County shall document that said compliance was accomplished in accordance with State and Federal procedures, guidelines, standards and specifications. RIGHT TO INSPECT The Department and representa#ives of the Federal Highway Administration shall have the right to Inspect, sample or test, and approve or reject, any portion of the work being performed by the County or the County's contras#or to ensure compliance with the provisions of this Agreement. Prior to any payment by the Department, any deficiencies inconsistent with approved plans and specifications found during an inspection must be corrected CONTRACTOR COMPLIANCE The County wilt be responsible for ensuring that the contractor complies with all of the terms of the contract and any instructions issued by the Department or FHWA as a result of any review or inspection made by said representatives. Agreement ID # 149 13 ~s CHANGE ORDERS tf any changes In the Project plans are necessary, the Department must approve such changes prior to the work being performed. 18.CI_OSE-0UT Upon completion of the construction phase of the Project, the County shad be responsible for the following: FINAL INSPECTION The County shad arrange #or a final inspecfion by the Department Any deficiencies determined during the final field inspection must be corrected prior to finai payment being made by the Department to the County. Additional inspection by other entities may be necessary in accordance with the Department's guidelines and procedures. The County shall provide the Department with written evidence of approval of completed project prior to requesting final reimbursement. FINAL PROJECT CERTIFICATION The County will provide a certifica#ion to the Department that ail work pertormed #or this Project is in accordance with all applicable standards, guidelines, and regulations. 'E9.MAINTENANCE The County, at no expense or liability to the Department shall assume all maint®nance responsibilities for the Park and ride shelter, or as required by an executed encroachment agreement. 20. REIMBURSEMENT SCOPE OF REIMBURSEMENT Activities eligible for funding reimbursement for this Project shall include: Planning/Design Agreement ID # 149 14 i~ Construction Operating Expenses REIMBURSEMENT GUIDANCE The County shat! adhere to appllcable administrative requirements of 49 CFR 18 {www fhwa dot,.govll~g„reasfdirectiveslfaggtoa.htm) and Office of Management and Budget {OMB} Circulars A 102 (www vhitehouse aovlomb/circularsfindex htmi) "Uniform Administrative Requirements for Gran#s and Cooperative Agreements to State and local Govemmerrts." Reimbursement to the County shall be subject to the policies and procedures contained in Federal-Aid Policy Guide, Title 23, Part 140 and Part 172, which is being incorporated into this ' Agreement by reference at www fhwa dot qov/leasr~egsidirectives/fapgtoc.htm and by Office of Management and Budget (OMB) Gircular A-87 iwww Whitehouse eaovlomb/circularslindeX,l~tlr~j) "Cost Principles for State, Local, and Indian Tribal Governments." Said reimbursement shall also be subject to the Department being.reimbursed by the Federal Highway Administration and subject to compliance by the County with ail applicable federal policy and procedures. REIMBURSEMENT UMITS ^ WORK PERFORMED BEFORE NOTIFICATION Any costs incurred by the County prior to written notification by the Department to proceed with the work shall not be eligible for reimbursement ^ NO REIMBURSEMENT IN EXCESS OF APPROVED FUNDING At no time shall the Department reimburse the County costs that exceed the total federal funding. ^ UNSUBSTANTIATED COSTS The County agrees that it shall bear ail costs for which it is unable to substantiate actual costs or any costs that have been deemed unallowable by the Federal Highway Administration and/or the Department's Financial IUianagement Divis[on. ^ WORK PERFORMED BY. NCDOT All work performed by the Department on this Project, including, but not limited to, reviews, inspections, and Project oversight, shall reduce the maximum award amount of Agreement ID # 149 15 (7 $40$,260 available to the County under this Agreement. if the cost of work done by the Department exceeds the funding award, the Department will bill the County for the excess costs. CONSTRUCTION ADMINISTRATION Reimbursement for construction contract administration wlil be made as governed by Section 106(c) 7ltle 23 of the U.S. Code that limits federal participation, and Departmental policy that limits reimbursement for construction contract administration to no more than fifteen (15°~) percent of the actual construction contract of the Project. ^ CONSTRUCTION GONTRACT UNIT PRICES Reimbursement for construction contract work will be made an the basis of contract unit prices In the .construction contract and any approved change orders. ^ RIGHT OF WAY REIMBURSEMENT Ifi costs of right of way acquisition are an eligible expense, reimbursement will be limited to the value as approved by the Department. Eligible costs for reimbursement of Right of Way Acquisition include: environmental assessment, realty appraisals, surveys, clasing costs, and the approved appraised fair market value of the property, at the reimbursement rate as shown in the FUNDING TABi_E. ^ FORCE ACCOUNT REIMBURSEMENT Invoices for force account work shalt show a summary of tabor, labor additives, equipment, materials and other qualifying costs in conformance with the standards for allowable costs set forth in Office of Management and Budget (OMB) Circular A-87 twww.Whitehouse.gov/omb/circularslindexl>~in °Cost Principles for State, Local, and Indian Tribal Governments:' Reimbursement shall be based on actual eligible costs incun'ed with the exception of equipment owned by the County or its Project partners. Reimbursement rates for equipment owned by the County or its Project partners cannot exceed the Department's rates in effect for the time period in which the work 'ss performed. Agreement ib # 149 16 i~ BILLING THE DEPARTMENT PROCEDURE The County may bill the Department for eligible Project costs in accordance with the Department's guidelines and procedures. Proper supporting documentation shall accompany each invoice as may be required by the Department. By submittal of each invoice, the County certifies tha# it has adhered to alt appfcable state and federal laws and regulations as set forth in this Agreemen#. • INTERNAL APPROVALS Reimbursement to the County shall be made upon approval of the invoice by the Department's Financial Management Division. ^ TIMELY SUBMITTAL OF INVOICES The County shall invoice the Department for work accomplished at least once every six (Ei} months to keep the Project funds acfive and available. If the County is unable to invoice the Department, then they must provide an explanation. Failure to submit invoices or explanation i'nay result in de-obligation of funds. FINAL INVOICE Ail invoices associated with the Project must be submitted within six (fi) months of the completion of construction and acceptance of the Project to be eligible for reimbursement by the Department. Any invoices submitted after this time will not be eligible for reimbursement. 29 . REPORTING REQUIREMENTS AND RECORDS RETENTION PROJECT BENEFITS REPORT The County shall be responsible for providing the Department with a yearly report detailing and demonstrating that the Project has improved traffic control, air quality and reduced emissions as outlined in the Project application as shown below: • Removal of 125 cars daily from downtown Hillsborough Agreement ID # 149 17 iq • Emissions reductian of 268 kilograms of oxides of nitrogen {NOx) and 192 kilograms of volatile organic compounds (VOC) PROJECT EVALUATION REPORTS The County is respansible for submitting Project evaluation reports, in accordance with the Department's guidelines and procedures that detail the progress achieved to date for the Project. PROJECT RECORDS The County and its agents shall maintain ail books, documents, papers, accoun#ing records, Project records and such other evidence as may be appropriate to substantiate costs incurred under this Agreement. Further, the County shall make such materials available at its office and shall require its agent to make such materials available at its office a# all reasonable times during the contract period, and for five (5} years from the date of payment of the final voucher by the Federal Highway Administration under this Agreement, for inspection and audit by the Department's Financial Management Section, the Federal Highway Administration, or any authorized representatives of the Federal Government. 22.OTHER PROVISIONS REFERENCES It will be the responsibility of the County to follow the current and/or most recent edition of references, websites, specifications, standards, guidelines, recommendations, regulations and/or genera! statutes, as stated in this Agreement. INDEMNIFIGATION OF DEPARTMENT The County agrees to indemnify and hold harmless the Department, FHWA and the State of North Carolina, to the extent allowed by law, for any and all claim for payment, damages and/or liabilities of any nature, asserted against the Department in connection with this Project. The Department shall not be responsible for any damages or claims, which may be initiated by third parties. Agreement ID # 149 18 DEBARMENT POLICY it is the policy of the Department not to enter into any agreement with parties that have been debarred by any government agency (Federal or State}. ay execution of this agreement, the County'certifies that neither it nor its agents w contractors are presently debarred, suspended, proposed for debarment, declared tneGgible or voluntarily excluded from partidpation in this transaction by any Federak or State Department or Agency and that it will not enter into agreements with any entity that is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction. OTHER AGREEMENTS The County is solely responsible for all agreements, contracts, and work orders entered into or issued by the County for this Project. The Department 'ts not responsible for any expenses or obligations incurred for tha Project except those specifically eligible for CMAQ funds and obligations as approved by the Department under the terms of this Agreement. AVAILABILITY OF FUNDS Ali terms and conditions of thts 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 3f funds cease to be available. IMPROPER USE OF FUNDS, EXCESS USE OF FUNDS Where either the Department or the FNWA de#ermines that the funds paid to the County for this Project are not used in accordance with the terms of this Agreement,. or if the cast of work done by the Department exceeds the funding award, the Department will bill the County. TERMINATION OF PROJECT If the County decides to terminate the Project without the caneunrence of the Department, the County shall reimburse the Department one hundred percent (100%} of ail costs expended by the Department and associated with the Project. Agreement ID # 149 19 ai AUDITS In accordance with OMB Circular A-133, `Audits of States, Local Gnvemments and Non-Profit Organizations" (www,whitg~pgsg_gov/omb/circularslaa,~~(~133.htmll dated June 27, 2p03 and the Federal Single Audit Act Amendments of 1996, the County shal# arrange for an annual independent financial and compliance audit of its fisca! operations. The County shall furnish the Department with a copy of the annual independent audit report within thirty (3p) days of completion of the report, but not later than nine (9} months after the County's fiscal year ends. REIMBURSEMENT BY COUNTY For ail monies due the Department as referenced in this Agreement, reimbursement shall be made by the County to the Department within sixty (60) days of receiving an invoice. A late payment penalty and Interest shalt be charged on any unpaid balance due in accordance with GS 147-86.23. USE OF POWELL BILL FUNDS If the County other party to this agreement is a Municipality and fails for any reason to reimburse the Department in accordance with the provisions for payment hereinabove provided, North Carolina General Statute (NCGS) 136-41.3 authorizes the Department to withhold so much of the Municipality's share of funds allocated to Municipality by NCGS 136-41.i, until such time as the Department has received payment in full. 23.SUNSET PROVISION Ali 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. 1T IS UNDERSTOOD AND AGREED that the approval of the Project by the Department is subject to the conditions of this Agreement, and that no expenditures of funds on the part of the Department wilt be made until the terms of this Agreement have been complied wi#h on the part of the County. Agreement 1D # 149 20 as IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, an the part of the Department and the County by authority duty given. ATTEST: BY: BY: Orange County TITLE: TITLE: DATE: Approved by of Cierk of the (Date} of the Orange County as attested to by the signature on This Agreement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. (SEAL) (F[NANGE OFFICER) Federal Tax Identification Number Orange County Remittance Address: pEPARTMENT OF TRANSPORTATION BY: (STATE HIGHWAY ADMMlSTRATOFi) DATE: APPROVED BY BOARD OF TRANSPORTATION ITEM O: (Date) Agreement ID # 149 21 Attachment 2 Overview of Proposed CMAQ Proiect a3 The proposed project includes new transit service, a transit shelter at a County constructed 125- space park-and-ride lot at the Durham Technical Community College Orange Campus and four (4) bicycle racks installed on Orange Public Transportation (OPT) buses. The new transit service will facilitate non-automobile travel and reduce automobile traffic in downtown Hillsborough by providing transit service from the park-and-ride lot, .which provides a place for people from outside the Metropolitan Area Boundary to access transit services and a place where carpools and vanpools can meet, to downtown and other Hillsborough destinations. Proiect Description 1. Transit shelter at the Durham Technical Community Colleae Orange County Campus The County plans to use CMAQ money to obtain and install a transit shelter at the 125-space park- and-ride lot on the 20-acre site of a newly constructed Durham Technical Community College (DTCC) satellite campus in Orange County. The campus is located in Waterstone, a 337-acre mixed use development currently under construction in south Hillsborough, off the east side of Old NC 86 near Interstate 40. The DTCC satellite campus opened in Spring 2008. Waterstone, anticipated to be completed in 2014, will contain 134 single-family houses, 128 townhome/patio homes (part affordable housing), 271 apartments, a day care, a hotel with restaurant, the previously mentioned 20-acre community college site, a continuing care retirement center (280 units at different care levels), a 3- acre civic-use site, 450,000 square feet of retail space, 408,000 square feet mixed use, and 150,000 square feet of office space. A transit shelter at the park-and-ride lot will also provide a convenient stop/transfer point for current Triangle Transit (TT)/OPT service between Hillsborough and Chapel Hill. 2. New Transit Service The proposed new Orange Public Transportation (OPT) route would connect the park-and-ride lot at the DTCC with the county justice/government services complex. The location of the Durham Technical Community College will provide a convenient place for county residents, particularly those having business at the county justice complex, to access transit to downtown Hillsborough. Expansion of the justice facility has eliminated some of the 100 (approximate) parking lot spaces. The previous number of parking spaces was already insufficient to accommodate court traffic. Clients park off the paved surface in areas not designated for parking as well as along both sides of the street in front of the courthouse. The Clerk of Court and Senior Assistant estimate that approximately 80,000 people per year attend Orange County Superior Court, which, on a busy day, has 400 cases on the docket. That figure does not include people attending civil court, child support court, juvenile court, criminal Superior Court, nor selection of jurors. Court has a morning session and an afternoon session, with a different "set" of clients attending each session. Other areas that could be served by the proposed transit route include Hillsborough government services, residential areas, shopping and employment centers, including the Meadowlands business park location of the new Central Orange Senior Center. The service would operate Monday through Friday from 7:00 a.m. to 9:00 p.m. at 30-minute intervals from 8:00 a.m. to 6:00 p.m., and at 60- minute intervals from 7:00 a.m. to 8:00 a.m. and from 6:00 p.m. to 9:00 p.m. The estimated yearly operation cost of the service is $198,000. The figure is based on hours of a~ operation (for one bus from 7:00 a.m. to 9:00 p.m. and a second bus from 8:00 a.m. to 6:00 p.m.) times the hourly operating cost of $33.00 (does not include administrative cost) from the Five Year Financial Plan of the 2005 Community Transportation Improvement Plan. The service will use ADA- equipped 20 or 18 passenger buses. The original application did not anticipate the need for any additional buses to provide the service, as the buses acquired according to the OPT Five Year Capital Plan replacement schedule would be sufficient. The following table illustrates vehicle operating hours per year and associated costs. Yearly Hours of Operation Daily Vehicle Hours Yearly Vehicle Hours Cost @ $33/Vehicle Hour 1 bus from 7:00 a.m. - 9:00 .m. 14 3,500 $115,500 1 bus from 8:00 a.m. - 6:00 .m. 10 2,500 $ 82,500 otal 24 6,000 $198,000 Because the new transit service will provide transit access to the Hillsborough urban area from the DTCC park-and-ride lot for the populace of Orange County in both urban and rural areas, Orange County requests CMAQ funding from both the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization and the Triangle Rural Organization CMAQ allocations for both capital projects and operating assistance for three years. The amount of funding to be provided by each entity is shown in the next section on Total Projected Costs. 3. Bicycle Racks for OPT Buses As a part of this application, Orange County would like to provide bicycle racks on four of OPT's minibuses. The cost per rack is approximately $850.00, with an estimated $1514 for installation of all four racks. Buses equipped with bicycle racks will allow greater modal choice at transit destinations, and enhance transit and bicycling as viable alternatives to single occupancy vehicles. Total Proiected Costs Costs Estimates of Transit Facilities and Intra-Hillsborough Service Transit Shelter *(with solar lighting) at DTCC Park-and-Ride 6' X 18' shelter plus installation $ 15,361 Bicycle Racks for 4 transit buses 4 racks @ $850.00 each lus $1514 installation $ 4,914 O erations for New Transit Service $198,000 er ear for 3 rs $ 594,000 Total Pro'ect Cost $ 614,275 Total Costs by Year Proposed Item 2008 2009 2010 2011 Transit Shelter $ 15,361 Bic cle Racks $ 4,914 Transit Operations $ $198,000 $198,000 $198,000 Total: $ 20,275 $198,000 $198,000 $198,000 Attachment 2 Break Down of Capital Cysts Cost 2008 2009 - 2011 FHWA LOCAL FHWA LOCAL 80 % 20% Bic cle racks installed on 4 buses $ 4,914 $ 3,931 $ 983 DTCC ark-and-ride lot transit shelter $15,361 $12,289 $3,072 otal: $20,27 $16,220 $4,05 MPO FHWA $ $ 4,540 $1,257 RPO FHWA $ $11,68 $2,798 OTAL FHWA $: $16,22 OTAL LOCAL $ $ 4,05 MPO/RPO FHWA $ S lit for 2008 = 28/72 27.99/72.01 Break Down of Costs for Transit Operations Cost 2009 2010 2011 FHWA LOCAL FHWA LOCAL FHWA LOCAL 66°/ 34°/ 66°/ 34°/ 66°/ 34°/ ransit O erations $594,000 $130,68 $67,32 $130,680 $67,32 $130,68 $67,32 MPO FHWA $ $58,806 $58,806 $28,274 RPO FHWA $ $333,23 $71,874 $39,046 $130,68 $67,32 $130,680 $67,320 OTAL FHWA $: $392,04 $130,680 $130,680 $130,68 OTAL LOCAL $ $201,960 $67,32 $67,32 $67,32 otal Costs $594,00 $198,000 $198 ,000 $198 ,000 MPO/RPO FHWA $ S lit for 2 009 - 2011 = 45/55 Total Project Costs Break Down Attachment 2 as Ca ital Pro'ects T ransit O erations 2008 2009 2010 20 11 FHWA LOCAL FHWA LOCAL FHWA LOCAL FHWA LOCAL TOTALS 80% 20°/ 66% 34°/ 66% 34°/ 66°/ 34°/ $16,220 $4,05 $130,68 $67,32 $130,68 $67,320 $130,68 $67,32 $614,27 FHW $16,22 $130,680 $130,68 $130,680 $408,26 LOCA $4,05 $67,320 $67,32 $67,32 $206,01 MPO FHW $ 4,540 $58,806 $63,34 RPO FHW $11,68 $71,874 $130,680 $130,680 $344,91 Attachment 2 Comparison of Original MOA (naae 131 with Ravicarl F. inriinn Ghorl~ ~Ic ~V\ANlli Revised Application PART A: Durham-Cha el Hill-Carboro MPO CMAQ Local Match Construction A FFY '08 - $ 22,242 CMAQ $ 4,540 Construction A FFY'08 - $ 5,561 Local Match $ 1,257 O erations A FFY '09 - $ 41,104 CMAQ $58,806 O erations A Total: $63,346 FFY '09 - $41,104 CMAQ $46,665 Local Match Local Total: $63,346 $28,274 $29,531 PART B: Trian le Area RPO Construction B FFY '08 - $ 89,018 CMAQ $11,680 Construction B FFY '08 - $ 22,255 Local Match $ 2,798 O erations B FFY '09 - $ 57,896 CMAQ $71,874 O erations B FFY '09 - $ 57,896 Local $39,046 O erations B FFY'10 - $ 99,000 CMAQ $130,680 O erations B FFY '10 - $ 99,000 Local $67,320 O erations B FFY'11 - $ 99,000 CMAQ $130,680 O erations B FFY'11 - $ 99,000 Local $67,320 Total: $344,914 CMAQ $278,151 Local $344,914 $176,484 Project Benefits a~ The project will remove an estimated 125 cars daily from downtown Hillsborough, resulting in yearly emission reductions of 268 kilograms of oxides of nitrogen (NOx) and 192 kilograms of volatile organic compounds (VOC). Orange County anticipates that ridership on the proposed service will greatly increase OPT overall ridership. Based on historical ridership for medical/nutrition trips, OPT anticipates an average daily ridership of at least 25, not including ridership from the proposed park-and-ride to the justice facility. The proposed route, based on increased ridership from past extension of general service, will increase OPT general service ridership by 50%, or 13 passengers. Because the proposed route has some stops in common with the current Orange Express service, the new route will capture some passengers currently using the Orange Express route; so, only 13 of the projected 25 daily passengers will be "new" passengers. The transportation center will also provide a convenient stop/transfer point for current Triangle Transit/OPT service between Hillsborough and Chapel Hill. The new route from Hillsborough to Chapel Hill has been very successful. OPT's statistics for the new service indicate a 37.7% increase in ridership, from 3,590 riders for the period January through March of 2006, to 9,514 riders for the period April through June 2008. The increase from 4.74 riders per hour to 10.23 riders per hour has resulted in crowded peak hour buses. TT is currently in the process of looking at including a stop at the DTCC park-and-ride lot on that route. This project is supported by the Town of Hillsborough, which has expressed willingness to participate in the match requirement and developing a marketing campaign for the new transit service in the attached Resolution in Support of Orange County's Grant Application for Congestion Management/Air Quality Grant for an In-Town Transit Route. ~ ~ ~ Please return this copy to Clerk to the Board's office for PAF "° NORTH CAROLINA LOCALLY ADMINISTERED PROJECT -FEDERAL ORANGE COUNTY DATE: 4/3/09 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TIP #: C-4932 AND WBS Elements:C-4932A PE 44032.1.1 ROW 44032.2.1 ORANGE COUNTY CON 44032.3.1 WBS Elements: C-49328 PE ROW CON 44032.3.2 OTHER FUNDING: CFDA #: 20.205 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 Orange County ,hereinafter referred to as the County. WITNESSETH: WHEREAS, Section 1808 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users (SAFETEA - LU), establishes CMAQ funds, which require that federal funds be available for certain specified transportation activities; and, WHEREAS, the Federal Energy Independence and Security Act of 2007 allows the obligation of 100% Federal funding for CMAQ Projects authorized during Federal Fiscal Year 2009; and, WHEREAS, the County has requested federal funding for Park and Ride shelters, hereinafter referred to as the Project, in Orange County, North Carolina; and, WHEREAS, subject to the availability of federal funds, the County has been designated as a recipient to receive funds allocated to the Department by the Federal Highway Administration (FHWA) for the Project; and, WHEREAS, the Department has agreed to administer the disbursement of said funds on behalf of FHWA to the County for the Project in accordance with the Project scope of work and in accordance with the provisions set out in this Agreement; and, WHEREAS, the Department has programmed funding in the approved Transportation Improvement Program for the Project; and, Agreement ID # 149 1 WHEREAS, the governing board of the County has agreed to participate in certain costs and to assume certain responsibilities in the manner and to the extent as hereinafter set out; and, WHEREAS, this Agreement is made under the authority granted to the Department by the North Carolina General Assembly including, but not limited to, the following legislation: General Statutes of North Carolina (NCGS) Section 136-66.1, Section 136-71.6, Section 160A-296 and 297, Section 136- 18, Section 136-41.3 and Section 20-169, to participate in the planning and construction of the Project approved by the Board of Transportation. NOW, THEREFORE, the parties hereto shall execute this Agreement within ninety (90) days of receipt of this Agreement. In the event the County fails to execute said Agreement within ninety (90) days of receipt, the County shall be evaluated by the Department to determine whether forfeiture of funds is warranted. This Agreement states the promises and undertakings of each party as herein provided, and the parties do hereby covenant and agree, each with the other, as follows: 1. GENERAL PROVISIONS AGREEMENT MODIFICATIONS Any modification to this Agreement will be agreed upon in writing by all parties prior to being implemented. Any increases to the funding amount will be agreed upon by all parties by means of a Supplemental Agreement. SPONSOR TO PERFORM ALL WORK The County shall be responsible for administering all work performed and for certifying to the Department that all terms set forth in this Agreement are met and adhered to by the County and/or its contractors and agents. The Department will provide technical oversight to guide the County. The Department must approve any assignment or transfer of the responsibilities of the County set forth in this Agreement to other parties or entities. Agreement ID # 149 2 COMPLIANCE WITH STATE/FEDERAL POLICY The County, and/or its agent, including all contractors, subcontractors, or sub-recipients shall comply with all applicable Federal and State policies and procedures, stated both in this Agreement and in the Department's guidelines and procedures. FAILURE TO COMPLY -CONSEQUENCES Failure on the part of the County to comply with any of the provisions of this Agreement will be grounds for the Department to terminate participation in the costs of the Project and, if applicable, seek repayment of any reimbursed funds. 2. SCOPE OF PROJECT The Project consists of the construction and operation of a Park and Ride shelter at the Durham Technical Community College, which will provide transit service to downtown Hillsborough, and the installation of four bicycle racks on Orange Public Transportation Buses. The Department's funding participation in the Project shall be restricted to the following eligible items: ^ Planning/Design ^ Construction ^ Operating Expenses as further set forth in this Agreement. 3. FUNDING For Federal Fiscal Year 2009, subject to compliance by the County with the provisions set forth in this Agreement and the availability of federal funds, the Department shall participate as detailed below in the FUNDING TABLE, subject to the following conditions: 1. If the County submits all required pre-construction documentation by August 29, 2009, then the Department will reimburse 100% of the project costs up to a maximum of $218,275 [100%]. Agreement ID # 149 3 2. If the County does not submit all required pre-construction documentation by August 29, 2009, then the Department will reimburse the percentages of project costs as shown in the funding table up to a maximum of $146,900. The County shall provide a local match, as detailed in the table below, and all costs that exceed the total estimated cost. CAPITAL IMPRC7VEMENTS - I'Y 2009 QPERATING ASSISTANCE -~ i=Y 2009 For Federal Fiscal Years 2010 and 2011 and subject to compliance by the County with the provisions set forth in this Agreement and the availability of federal funds, the Department shall participate up to a maximum amount of TWO HUNDRED SIXTY ONE THOUSAND THREE HUNDRED SIXTY DOLLARS ($261,360), as detailed below. The County shall provide a local match, as detailed in the Funding Table below, and all costs that exceed the total estimated cost. t~I~RATiNC~ ASSISTANCE - F'Y 2010 C-4932 B - TARPO ( Federal Funds :Reimbursement Non-Federal ;Non-Federal !Amount Rate Amount 'Match Rate _~ n_ ... ~____~.. __. ~~ .~_._~ _ _ _...,_.... _._...~ .__..___,..____.~. _.__. _...._.__v,_ FY 2010 ~ $130,680 ~ 66% $67,320 ~ 34% Agreement ID # 149 4 UPERATfNG ASSISTAI~iG - FY 2011 C-4932 B - TARPO _a__ Federal Funds `Reimbursement ,Amount Rate .._ ~_ ,m _ _ ..___ ._. = _.,._... ~ ~ Non-Federal Amount .~ Non-Federal Match Rate ..~ .. _ ~.w. FY 2011 X130,680 66% X67,320 34% 4. USEFUL LIFE The Useful Life of this Project is determined to be 20 years. Any leases or encroachments entered into by the County for this Project shall be for the length of the Useful Life. If the Project ceases to be used and designated as described in this Agreement, within the period of the Useful Life, the Department will require reimbursement for the amortized value of the Department's initial investment. 5. TIME FRAME The County, and/or its agent, shall complete the construction phase of the Project within one (1) year of execution of this Agreement. The County shall meet milestone dates as stated herein or the Department reserves the right to revoke the funds awarded if the County is unable to meet any milestone dates. The Department may extend the deadline for milestone activities if, in the opinion of the Department, circumstances warrant. Extensions of time granted will be documented in writing. The Project must progress in a satisfactory manner as determined by the Department or the Department and/or FHWA reserves the right to de-obligate said funding. 6. PRELIMINARY ENGINEERING AUTHORIZATION If Preliminary Engineering is an eligible expense, then upon receipt of an executed agreement, the Department will authorize Preliminary Engineering funds and shall notify the County, in writing, once funds have been authorized and can be expended. The County shall not initiate any work, nor solicit for any professional services prior to receipt of written authorization from the Department to proceed. Any work performed, or contracts executed, prior to receipt of written authorization to proceed will be ineligible for reimbursement. Agreement ID # 149 5 7. PROFESSIONAL AND ENGINEERING SERVICES PROCUREMENT POLICY When procuring professional services, the County must adhere to Title 49 Code of Federal Regulations, Part 18.36, Title 23 of the Code of Federal Regulations, Part 172, Title 40 United States Code, Chapter 11, Section 1101-1104, North Carolina General Statute 143-64, Parts 31 and 32 and the Department's Policies and Procedures for Major Professional or Specialized Services Contracts. Said policies and standards are incorporated in this Agreement by reference at www.fhwa.dot.gov/legsregs/legislat.html and www.ncleg.net/aascrints/Statutes/Statutes.asp. ^ The County shall ensure that a qualified firm is obtained through an equitable selection process, and that prescribed work is properly accomplished in a timely manner and at a just and reasonable cost. ^ If the Department is participating in the costs of professional services and the proposed contract exceeds $30,000, apre-negotiation audit must be requested from the Department's External Audit Branch. ^ Reimbursement of construction administration costs cannot exceed fifteen percent (15%) of the total construction contract. SMALL PROFESSIONAL AND ENGINEERING SERVICES FIRMS REQUIREMENTS Any contract entered into with another party to perform work associated with the requirements of this agreement shall contain appropriate provisions regarding the utilization of Small Professional Services Firms (SPSF). This policy conforms with the SPSF Guidelines as approved by the NC Board of Transportation. These provisions are incorporated into this Agreement by reference www. ncdot. org/doh/preconstrucUps/contracts/sp/2006sp/mu nici pal. html ^ The County shall not advertise nor enter into a contract for services performed as part of this Agreement, unless the Department provides written approval of the advertisement or the contents of the contract. ^ If the County fails to comply with these requirements, the Department will withhold funding until these requirements are met. Agreement ID # 149 6 8. PLANNING AND DESIGN CONTENT OF PLAN PACKAGE The County, and/or its agent, shall prepare the Project's plans, specifications, and a professional estimate of costs (PS&E package), in accordance with the Department's guidelines and procedures, and applicable Federal and State standards. All work shall be submitted to the Department for review and approval. The plans shall be completed to show the design, site plans, landscaping, drainage, easements, and utility conflicts. TIME FRAME FOR SUBMITTAL The preliminary PS&E package is due to the Department within six (6) months of execution of this Agreement. The final PS&E package is due within eight (8) months of execution of this Agreement. 9. ENVIRONMENTAL DOCUMENTATION The County shall prepare the environmental and/or planning document, including any environmental permits, needed to construct the Project, in accordance with the National Environmental Policy Act (NEPA) and all other appropriate environmental laws and regulations. All work shall be performed in accordance with Departmental procedures and guidelines. Said documentation shall be submitted to the Department for review and approval. • The County shall be responsible for preparing and filing with all proper agencies the appropriate planning documents, including notices and applications required to apply for those permits necessary for the construction of the desired improvements. Copies of approved permits should be forwarded to the Department. ^ The County shall advertise and conduct any required public hearings. • If any permit issued requires that action be taken to mitigate impacts associated with the improvements, the County shall design and implement a mitigation plan. The County shall bear all costs associated with said mitigation plan, including penalties for violations and claims due to delays. Agreement ID # 149 ^ The County shall be responsible for designing an erosion control plan if required by the North Carolina Sedimentation Pollution Control Act of 1973, North Carolina General Statute 113A, Article 4, incorporated in this Agreement by reference at www.ncleg.net/gascriots/Statutes/Statutes.asp and obtaining those permits required thereby in order to construct the Project. During the construction of the improvements, the County, and its contractors and agents, shall be solely responsible for compliance with the provisions of said Act and the plan adopted in compliance therewith. 10. RIGHT OF WAY /UTILITY AUTHORIZATION If the costs of right of way acquisition or utility relocation are an eligible expense, the County shall submit a letter of request to the Department to authorize and setup right of way and/or utility funding. The acquisition for right of way, construction easements, and/or utility relocation may be undertaken only after the County receives written authorization from the Department to proceed. 11.PROJECT LIMITS AND RIGHT OF WAY (ROW) SPONSOR PROVIDE ROW The County, at no liability whatsoever to the Department, shall be responsible for providing and/or acquiring any required right of way and/or easements for the Project. TIME FRAME FOR ROW ACTIVITY The County will accomplish all ROW activities, to include certification of ROW, within 6 months of execution of this Agreement. RIGHT OF WAY GUIDANCE The County shall accomplish all right of way (ROW) activities, including acquisition and relocation, in accordance with the following: Federal Aid Policy Guide, Title 23 of the Code of Federal Regulations, Part 710, Subpart B, and Title 49 of the Code of Federal Regulations, Part 24, [Uniform Act] incorporated by reference at www.fhwa.dot.gov/legsregs/directiveslfa~gtoc.htm; North Carolina General Statutes, Chapter 133, Article 2, Sections 133-5 through 133-18, Relocation Assistance, incorporated by reference at Agreement ID # 149 www.ncleq net/gascripts/Statutes/Statutes.asp; and the North Carolina Department of Transportation Right of Way Manual. APPRAISAL If the costs of right of way acquisition are an eligible expense, the County shall submit the appraisal to the Department's Right of Way Branch for review and approval in accordance with Departmental policies and procedures. CLEARANCE OF PROJECT LIMITS/RIGHT OF WAY The County shall remove and dispose of all obstructions and encroachments of any kind or character (including hazardous and contaminated materials) from said right of way, with the exception that the County shall secure an encroachment agreement for any utilities (which shall remain or are) to be installed within the right of way. The County shall indemnify and save harmless the Department, Federal Highway Administration, and the State of North Carolina, from any and all damages and claims for damages that might arise on account of said right of way acquisition, drainage, and construction easements for the construction of said Project. The County shall be solely responsible for any damages caused by the existence of said material now and at any time in the future and will save the Department harmless from any legal actions arising as a result of this contaminated and/ or hazardous material and shall provide the Department with documentation proving the proper disposal of said material. RELOCATION ASSISTANCE The County shall provide relocation assistance services and payments for families, businesses, and non-profit organizations being displaced by the Project in full accordance with the Federal relocation requirements of 49 Code of Federal Regulations, Part 24 [Uniform Act], as amended. Relocation assistance services and payments may be accomplished by contract with any other municipal corporation, or State or Federal agency, rendering such services upon approval by the Department and Federal Highway Administration. Agreement ID # 149 12. UTILITIES The County, and/or its, agent, at no liability to the Department, shall relocate, adjust, relay, change or repair all utilities in conflict with the Project, regardless of ownership. All utility work shall be performed in a manner satisfactory to and in conformance with State and Federal rules and regulations, prior to County beginning construction of the project. The County shall submit a request, in writing, to all utility owners to relocate or adjust their facilities in accordance with the Right of Way Acquisition Policy contained in the Federal-Aid Policy Guide, Title 23 of the Code of Federal Regulations, Part 710, Subpart B, incorporated by reference at www.fhwa.dot.gov/legsrecls/directives/fa~gtoc. htm. 13. ENCROACHMENT AGREEMENT If any part of the Project is located on State Highway System right of way or property, the County shall secure an Encroachment Agreement with the Department prior to performing any work or improvements on that right of way or property. 14. RIGHT OF WAY CERTIFICATION The County, upon acquisition of all right of way/property necessary for the Project, shall provide the Right of Way Agent, located at the Department's Local Right of Way Office, all required documentation (deeds/leases/easement/plans) to secure right of way certification from that office. Certification is only issued after all ROW is in public ownership or property is publicly accessible by a legal document and utilities in conflict with the project are relocated. 15.CONSTRUCTION AUTHORIZATION The County shall submit the required environmental and/or planning document, right of way certification, final construction plans, total contract proposal, and an estimate of Project costs (final PS&E package) to the Department for review and approval. ^ After approval of all documentation, the Department will request construction authorization from the Federal Highway Administration. ^ The County shall not advertise for bids prior to receiving written construction authorization from the Department. Agreement ID # 149 10 16.CONTRACTOR PROCUREMENT ADVERTISE FOR BIDS Upon receipt of written construction authorization from the Department, the County may advertise the Project. The County shall follow applicable Federal and/or State procedures pertaining to the advertisement of the Project, bid opening, and award of the contract, according to Title 49 of the Code of Federal Regulations, Part 18.36 and Title 23 of the Code of Federal Regulations, Part 633, Subpart A, and Part 635, Subpart A, incorporated by reference at www fhwa dot govllegsregs/directives/fapgtoc htm; and North Carolina General Statutes, Chapter 143, Article 8 (Public Contracts), incorporated by reference at www. ncleg. net/gascripts/Statutes/Statutes.asp. CONSTRUCTION SUBCONTRACTOR REQUIREMENTS Any contract entered into with another party to perform work associated with the requirements of this agreement shall contain appropriate provisions regarding the utilization of Disadvantaged Business Enterprises (DBEs), or as required and defined in Title 49 Part 26 of the Code of Federal Regulations and the North Carolina Administrative Code. These provisions are incorporated into this Agreement by reference www.ncdot.org/doh/preconstruct/ps/contracts/sp/2006sp/municipal html. ^ The County shall not advertise nor enter into a contract for services performed as part of this Agreement, unless the Department provides written approval of the advertisement or the contents of the contract. ^ If the County fails to comply with these requirements, the Department will withhold funding until these requirements are met. AWARDING CONTRACT After the advertisement of the Project for construction bids, the County shall request concurrence from the Department to award the construction contract by submitting a letter along with tabulated bids received depicting Disadvantaged Business Enterprises (DBE) goals, and a resolution recommending award of the Project to the lowest responsible responsive bidder. The Department will review the submitted information and provide written approval to the County prior to the contract being awarded by the County. . Agreement ID # 149 11 DELAY IN PROCUREMENT In the event the Project has not been let to contract within six (6) months after receiving construction authorization from the Department, the County shall be responsible for documenting to the Department justification for project delay and that the Project remains in compliance with the terms of this Agreement, the approved plans and specifications, and current codes. FORCE ACCOUNT • Force account work is only allowed when there is a finding of cost effectiveness for the work to be pertormed by some method other than contract awarded by a competitive bidding process. Written approval from the Department is required prior to the use of force account by the County. Federal Highway Administration regulations governing Force Account are contained in Federal-Aid Policy Guide, Title 23 Code of Federal Regulations, Part 635.201, Subpart B; said policy being incorporated in this Agreement by reference www.fhwa.dot.gov/legsreps/directiveslcfr23toc.htm. North Carolina General Statutes governing the use of Force Account, Chapter 143, Article 8 (Public Contracts) can be found at www.ncleg.net/gascripts/Statutes/Statutes.asp. ^ Documenting costs for Force Account are covered under the REIMBURSEMENT section. 17. CONSTRUCTION The County, and/or its agents shall construct the Project in accordance with the plans and specifications of the Project as filed with, and approved by, the Department. During the construction of the Project, the procedures set out below shall be followed: CONSTRUCTION CONTRACT ADMINISTRATION The County shall comply with the NCDOT Construction Manual as referenced at www.ncdot.org/doh/operations/dp chief eng/constructionunit/formsmanuals/cm.html, which outlines the procedures for records and reports that must be adhered to in order to obtain uniformity of contract administration and documentation. This includes, but is not limited to, inspection reports, material test reports, materials certification, documentation of quantities, project diaries, and pay records. Agreement ID # 149 12 SIGNAGE The County shall provide and maintain adequate signage and other warning devices for the protection of the public in accordance with the approved traffic control plans for the Project and the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, or any subsequent revision of the same, published by the Federal Highway Administration and effective at the time of award of the contract. SITE LAYOUT The County shall be responsible for ensuring that all site layout, construction work, and Project documentation are in compliance with applicable city, state and federal permits, guidelines, and regulations, including American Association of State Highway and Transportation Officials (AASHTO) guidelines and American with Disabilities Act (ADA) Standards for Accessible Design (www. usdoj.gov/crt/ada/stdsodf. htm ). CONSTRUCTION ENGINEEERING, SAMPLING, TESTING The County, and/or its agent, shall perform the construction engineering, sampling and testing required during construction of the Project, in accordance with Departmental procedures, including the Department's Guide for Process Control and Acceptance Sampling and Testing. The County shall document that said compliance was accomplished in accordance with State and Federal procedures, guidelines, standards and specifications. RIGHT TO INSPECT The Department and representatives of the Federal Highway Administration shall have the right to inspect, sample or test, and approve or reject, any portion of the work being performed by the County or the County's contractor to ensure compliance with the provisions of this Agreement. Prior to any payment by the Department, any deficiencies inconsistent with approved plans and specifications found during an inspection must be corrected CONTRACTOR COMPLIANCE The County will be responsible for ensuring that the contractor complies with all of the terms of the contract and any instructions issued by the Department or FHWA as a result of any review or inspection made by said representatives. Agreement ID # 149 13 CHANGE ORDERS If any changes in the Project plans are necessary, the Department must approve such changes prior to the work being performed. 18. CLOSE-OUT Upon completion of the construction phase of the Project, the County shall be responsible for the following: FINAL INSPECTION The County shall arrange for a final inspection by the Department. Any deficiencies determined during the final field inspection must be corrected prior to final payment being made by the Department to the County. Additional inspection by other entities may be necessary in accordance with the Department's guidelines and procedures. The County shall provide the Department with written evidence of approval of completed project prior to requesting final reimbursement. FINAL PROJECT CERTIFICATION The County will provide a certification to the Department that all work performed for this Project is in accordance with all applicable standards, guidelines, and regulations. 19. MAINTENANCE The County, at no expense or liability to the Department shall assume all maintenance responsibilities for the Park and ride shelter, or as required by an executed encroachment agreement. 20. REIMBURSEMENT SCOPE OF REIMBURSEMENT Activities eligible for funding reimbursement for this Project shall include: Planning/Design Agreement ID # 149 14 Construction Operating Expenses REIMBURSEMENT GUIDANCE The County shall adhere to applicable administrative requirements of 49 CFR 18 (www fhwa dot gov/legregs/directives/fapgtoc htm) and Office of Management and Budget (OMB) Circulars A-102 (www.whitehouse.gov/omb/circulars/index.htmll "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govemments." Reimbursement to the County shall be subject to the policies and procedures contained in Federal-Aid Policy Guide, Title 23, Part 140 and Part 172, which is being incorporated into this Agreement by reference at www fhwa dot gov/legsregs/directives/fapgtoc htm and by Office of Management and Budget (OMB) Circular A-87 (www.whitehouse.gov/omb/circulars/index html) "Cost Principles for State, Local, and Indian Tribal Governments." Said reimbursement shall also be subject to the Department being reimbursed by the Federal Highway Administration and subject to compliance by the County with all applicable federal policy and procedures. REIMBURSEMENT LIMITS ^ WORK PERFORMED BEFORE NOTIFICATION Any costs incurred by the County prior to written notification by the Department to proceed with the work shall not be eligible for reimbursement. • NO REIMBURSEMENT IN EXCESS OF APPROVED FUaDING At no time shall the Department reimburse the County costs that exceed the total federal funding. • UNSUBSTANTIATED COSTS The County agrees that it shall bear all costs for which it is unable to substantiate actual costs or any costs that have been deemed unallowable by the Federal Highway Administration and/or the Department's Financial Management Division. ^ WORK PERFORMED BY NCDOT All work performed by the Department on this Project, including, but not limited to, reviews, inspections, and Project oversight, shall reduce the maximum award amount of Agreement ID # 149 15 $408,260 available to the County under this Agreement. If the cost of work done by the Department exceeds the funding award, the Department will bill the County for the excess costs. ^ CONSTRUCTION ADMINISTRATION Reimbursement for construction contract administration will be made as governed by Section 106(c) Title 23 of the U.S. Code that limits federal participation, and Departmental policy that limits reimbursement for construction contract administration to no more than fifteen (15%) percent of the actual construction contract of the Project. ^ CONSTRUCTION CONTRACT UNIT PRICES Reimbursement for construction contract work will be made on the basis of contract unit prices in the construction contract and any approved change orders. ^ RIGHT OF WAY REIMBURSEMENT If costs of right of way acquisition are an eligible expense, reimbursement will be limited to the value as approved by the Department. Eligible costs for reimbursement of Right of Way Acquisition include: environmental assessment, realty appraisals, surveys, closing costs, and the approved appraised fair market value of the property, at the reimbursement rate as shown in the FUNDING TABLE. ^ FORCE ACCOUNT REIMBURSEMENT Invoices for force account work shall show a summary of labor, labor additives, equipment, materials and other qualifying costs in conformance with the standards for allowable costs set forth in Office of Management and Budget (OMB) Circular A-87 (www.whitehouse.gov/omb/circulars/index.html) "Cost Principles for State, Local, and Indian Tribal Governments." Reimbursement shall be based on actual eligible costs incurred with the exception of equipment owned by the County or its Project partners. Reimbursement rates for equipment owned by the County or its Project partners cannot exceed the Department's rates in effect for the time period in which the work is performed. Agreement ID # 149 16 BILLING THE DEPARTMENT ^ PROCEDURE The County may bill the Department for eligible Project costs in accordance with the Department's guidelines and procedures. Proper supporting documentation shall accompany each invoice as may be required by the Department. By submittal of each invoice, the County certifies that it has adhered to all applicable state and federal laws and regulations as set forth in this Agreement. ^ INTERNAL APPROVALS Reimbursement to the County shall be made upon approval of the invoice by the Department's Financial Management Division. ^ TIMELY SUBMITTAL OF INVOICES The County shall invoice the Department for work accomplished at least once every six (6) months to keep the Project funds active and available. If the County is unable to invoice the Department, then they must provide an explanation. Failure to submit invoices or explanation may result in de-obligation of funds. ^ FINAL INVOICE All invoices associated with the Project must be submitted within six (6) months of the completion of construction and acceptance of the Project to be eligible for reimbursement by the Department. Any invoices submitted after this time will not be eligible for reimbursement. 21. REPORTING REQUIREMENTS AND RECORDS RETENTION PROJECT BENEFITS REPORT The County shall be responsible for providing the Department with a yearly report detailing and demonstrating that the Project has improved traffic control, air quality and reduced emissions as outlined in the Project application as shown below: • Removal of 125 cars daily from downtown Hillsborough Agreement ID # 149 17 • Emissions reduction of 268 kilograms of oxides of nitrogen (NOx) and 192 kilograms of volatile organic compounds (VOC) PROJECT EVALUATION REPORTS The County is responsible for submitting Project evaluation reports, in accordance with the Department's guidelines and procedures that detail the progress achieved to date for the Project. PROJECT RECORDS The County and its agents shall maintain all books, documents, papers, accounting records, Project records and such other evidence as may be appropriate to substantiate costs incurred under this Agreement. Further, the County shall make such materials available at its office and shall require its agent to make such materials available at its office at all reasonable times during the contract period, and for five (5) years from the date of payment of the final voucher by the Federal Highway Administration under this Agreement, for inspection and audit by the Department's Financial Management Section, the Federal Highway Administration, or any authorized representatives of the Federal Government. 22.OTHER PROVISIONS REFERENCES It will be the responsibility of the County to follow the current and/or most recent edition of references, websites, specifications, standards, guidelines, recommendations, regulations and/or general statutes, as stated in this Agreement. INDEMNIFICATION OF DEPARTMENT The County agrees to indemnify and hold harmless the Department, FHWA and the State of North Carolina, to the extent allowed by law, for any and all claim for payment, damages and/or liabilities of any nature, asserted against the Department in connection with this Project. The Department shall not be responsible for any damages or claims, which may be initiated by third parties. Agreement ID # 149 18 DEBARMENT POLICY It is the policy of the Department not to enter into any agreement with parties that have been debarred by any government agency (Federal or State). By execution of this agreement, the County certifies that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State Department or Agency and that it will not enter into agreements with any entity that is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction. OTHER AGREEMENTS The County is solely responsible for all agreements, contracts, and work orders entered into or issued by the County for this Project. The Department is not responsible for any expenses or obligations incurred for the Project except those specifically eligible for CMAQ funds and obligations as approved by the Department under the terms of this Agreement. AVAILABILITY OF FUNDS 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. IMPROPER USE OF FUNDS, EXCESS USE OF FUNDS Where either the Department or the FHWA determines that the funds paid to the County for this Project are not used in accordance with the terms of this Agreement, or if the cost of work done by the Department exceeds the funding award, the Department will bill the County. TERMINATION OF PROJECT ^ If the County decides to terminate the Project without the concurrence of the Department, the County shall reimburse the Department one hundred percent (100%) of all costs expended by the Department and associated with the Project. Agreement ID # 149 19 AUDITS In accordance with OMB Circular A-133, "Audits of States, Local Governments and Non-Profit Organizations" (www.whitehouse.gov/omb/circulars/a133/a133.html) dated June 27, 2003 and the Federal Single Audit Act Amendments of 1996, the County shalt arrange for an annual independent financial and compliance audit of its fiscal operations. The County shall furnish the Department with a copy of the annual independent audit report within thirty (30) days of completion of the report, but not later than nine (9) months after the County's fiscal year ends. REIMBURSEMENT BY COUNTY For all monies due the Department as referenced in this Agreement, reimbursement shall be made by the County to the Department within sixty (60) days of receiving an invoice. A late payment penalty and interest shall be charged on any unpaid balance due in accordance with GS 147-86.23. USE OF POWELL BILL FUNDS If the County other party to this agreement is a Municipality and fails for any reason to reimburse the Department in accordance with the provisions for payment hereinabove provided, North Carolina General Statute (NCGS) 136-41.3 authorizes the Department to withhold so much of the Municipality's share of funds allocated to Municipality by NCGS 136-41.1, until such time as the Department has received payment in full. 23.SUNSET PROVISION 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. IT IS UNDERSTOOD AND AGREED that the approval of the Project by the Department is subject to the conditions of this Agreement, and that no expenditures of funds on the part of the Department will be made until the terms of this Agreement have been complied with on the part of the County. Agreement ID # 149 20 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. ATTEST: BY: TITLE: -~exa,!v~C.~J1 _. ~'e~i Orange County TITLE: DATE: J a" / ~~ Approved by ~~/ of the Orannge County as attested to by the signature of ~~ Clerk of the /;2~n--~cX on Q I o~'t~ ~~d f (Date) This Agreement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. (SEAL) (FINANCE FICER) Federal Tax Identification Number SCE -(~ooC~.6,3Z~ Orange County Remittance Address: DEPARTMENT OF TRANSPORTATION BY: ~ ~~ (STATE HIGHWAY M/INISTRATOR) DATE: L ` ~~/ v APPROVED BY BOARD OF TRANSPORTATION ITEM O: ~' ~" d9 (Date) Agreement ID # 149 21