HomeMy WebLinkAbout2009-029 Planning - NCDOT - Grant Agreement Endorsing Congestion Mitigation and Air Quality (CMAQ) 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.
FUNDING TABLE
CAPITAL IMPROVEMENTS—FY2003
Fund Source Total Estimated Cost Federal Funds Amount Non-Federal Match
CMAQ $5,797 $4,540
Total Estimated Cost I Federal Funds Amount Non-Federal Match
Fund Source
OPERATING ASSISTANCE—FY 2009
Fund Source Total Estimated Cost Federal Funds Amount Non-Federal Match
CMAQ $87,080
$58,806 $28,274
Fund Source Total Estimated Cost 1 Federal Funds Amount I Non-Federal Match
CMAQ $39,046
$110,920 $71,874
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.
OPERATING ASSISTANCE—FY 2010
I Federal Funds I Reimbursement Non-Federal Non-Federal
Amount
Rate Amount Match Rate
Agreement ID# 149 4
�
CMAQ $14,478 $11,680
. . ' . . . ...
OPERATING ASSISTANCE—FY2O11
Federal Funds Reimbursement Non-Federal Non-Federal
Amo unt Rate Amount Match Rate
FY 2011 $130,680
4' USEFUL LIFE
The Useful Life of this Project ia determined bobe2Oyears. Any leases orencroachments
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 cf 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 nf the Department,
circumstances warrant. Extensions of time granted will be documented inwriting.
The Project must progress in a satisfactory manner as determined by the Department or the
Department and/or FHVVA 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 shall notify the County, in
writing, once funds have been authorized and can beexpended. The County shall not initiate any
work, nor solicit for any professional services prior to receipt of written authorization from the
Department toproceed. Any work performed, or contracts executed, prior to receipt nfwritten
authorization to proceed will be ineligible for reimbursement.
Agreement|D# 14Q 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.(iov/leasreos/leoislat.htmi 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, a pre-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/12reconstruct/ps/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 7
■ 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.nclea.net/aascripts/Statutes/Statutes.aso 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 set up 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.aov/leasregs/directives/fapatoc.htm;
North Carolina General Statutes, Chapter 133,Article 2, Sections 133-5 through 133-18,
Relocation Assistance, incorporated by reference at
Agreement ID# 149 8
www.ncleo.net/oascripts/Statutes/Statutes.asl2; 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 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. 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/legsreas/directives/f`al2gtoc.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.gov/legsregs/directives/faggtoc.htm; and North Carolina General Statutes, Chapter
143,Article 8 (Public Contracts), incorporated by reference at
www.ncleg.net/gascripts/Statutes/Statutes.asl2.
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.ora/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 performed 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/leasregs/directives/cfr23toc.htm. North Carolina General
Statutes governing the use of Force Account, Chapter 143,Article 8 (Public Contracts)
can be found at www.ncleo.net/gascripts/Statutes/Statutes.asQ.
• Documenting costs for Force Account are covered under the REIMBURSEMENT section.
I T 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.ocg/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.usdoo.gov/crt/ada/stdspdf.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
I
I
it
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 govlleareas/directives/fapgtoc htm)and Office of Management and Budget(OMB)
Circulars A-102(www.whitehouse.gov/omb/circulars/index.htmi)"Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments."
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.00v/legsrecis/directives/fal2gtoc.htm and by Office of
Management and Budget(OMB)Circular A-87(www.whitehouse.gov/omb/circulars/index htmi)
"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 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 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
I
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.htmi)"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°/x)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/al33/al33.htmi)dated June 27, 2003 and the
Federal Single Audit Act Amendments of 1996,the County shall 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: Orange County{G
BY: BY: G��''`'C/
TITLE: �J1P TITLE:
r
C�dK DATE: J /
Approved by of the Orange County as attested to by the signature
of 7E Clerk of the on
I1,A91 �k, 6j
(Date)
This Agreement has been pre-audited in the manner
required by the Local Government Budget and Fiscal
Control Act.
— a�__
(SEAL) (FINANCE FICER)
Federal Tax Identification Number
SCE—(�ooC�.6,3Z�
Orange County
Remittance Address:
r O t=F,C't 16CIN/ $! '
N r r_.L.,'S&to u G 4 Q G
i
DEPARTMENT OF TRANSPORTATION
BY: I
(STATE HIGHWAY MIINISTRATOR)
DATE:
APPROVED BY BOARD OF TRANSPORTATION ITEM O: '�" 4"' 9 (Date)
Agreement ID# 149 21