HomeMy WebLinkAboutAgenda - 09-21-2010 - 4jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 21, 2010
Action Agenda
Item No.
SUBJECT: Supplemental Agreement for Congestion Mitigation and Air Quality Project C-
4932
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Supplemental Agreement with North Karen Lincoln, 245-2580
Carolina Department of Transportation Craig Benedict, 245-2592
Clarence Grier, 245-2453
PURPOSE: To consider approving a Supplemental Agreement with the North Carolina
Department of Transportation (NCDOT) amending Orange County's existing Municipal
Agreement for Transportation Improvement Program (TIP) Project C-4932 A and C-4932 B.
BACKGROUND: In May 2009, the BOCC approved a resolution endorsing a Congestion
Mitigation and Air Quality (CMAQ) grant agreement with the North Carolina Department of
Transportation (NCDOT) for:
• A transit shelter at the Durham Technical Community College park and ride lot;
• Four (4) bicycle racks installed on Orange Public Transportation (OPT) buses; and
• Three (3) years operating assistance for an intra-Hillsborough transit route.
Staff submitted a revised application in June 2010 to reflect changes in the implementation
schedule and changes to the proposed transit route and associated emissions reduction
calculations. The Federal Highway Administration (FHWA) has approved the revised project
and air quality calculations. Staff has resubmitted all pre-construction documentation with
changes required by NCDOT. NCDOT anticipates completing its review of the pre-construction
documentation in early October.
NCDOT has prepared a Supplemental Agreement revising the funding schedule to move the
project funding to Federal Fiscal Years 2011, 2012 and 2013 (from 2009, 2010 and 2011). The
Supplemental Agreement also provides for NCDOT to reimburse the County 100% of eligible
project costs in FY 2011 (up to $20,275 capital expenses and $198,000 operating assistance)
provided Orange County submits all FHWA approved pre-construction requirements by
November 12, 2010.
Under the existing Municipal Agreement, NCDOT would reimburse the County 80% of eligible
projects costs, up to $146,900 for the first year, with Orange County providing the local match of
$71,375.
FINANCIAL IMPACT: Orange County would be eligible for 100% reimbursement for the
estimated $20,275 total cost to purchase and install the transit shelter and the four bicycle racks
for OPT buses and 100% (up to $198,000) of Orange Public Transit's operating expenses for
the intra-Hillsborough transit route.
The Hillsborough Town Board has committed the 20% local match, required by provisions of the
grant, for three years operations of an intra-Hillsborough transit route. The Supplemental
Agreement would reimburse 100% of the first year's operating expenses, noted above, reducing
Hillsborough's obligated commitment to a 20% local match for years 2 and 3.
The local jurisdictions will be responsible for operating expenses for the route after the three
year start-up period. There are currently two initiatives in progress that will address agreements
regarding local support for transit operations:
1. The Orange County Transit Plan and associated Transit Financial Plan; and
2. The Consolidation Study for Chapel Hill Transit and Orange Public Transit.
RECOMMENDATION(S): The Manager recommends the Board:
1. Approve the Supplemental Agreement for TIP Project C-4932 A and C-4932 B and
authorize the Manager to sign the Agreement; and
2. Direct staff to work with the Town of Hillsborough to develop a Memorandum of
Agreement reflecting the Town's action to provide the local match for transit
operations for Federal Fiscal Years 2012 and 2013.
3
NORTH CAROLINA
ORANGE COUNTY
SUPPLEMENTAL AGREEMENT
DATE: 8!17/2010
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
AND
ORANGE COUNTY
TIP #: C-4932 A & C-4932 B
WBS ELEMENTS: PE 44032.1.1
ROW
32.3.1 and
CON
44032.3.2
OTHER FUNDING:
FEDERAL-A!D #:
CFDA #: 20.205
TOTAL SUPPLEMENTAL FUNDS [NCDOT PARTICIPATION] $71,375
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";
WtTNESSETH•
WHEREAS, the Department and the County, on 6/5/200,x, entered into a certain•Locally Administered
Project Agreement for the original scope: construction of bus shelter, installation of four bike racks on
Orange Public Transportation buses, and operation of a transit service from the Durham Techr~cal
Community College Park and Ride Lot to downtown Hillsborough, programmed under C-4932; and,
WHEREAS, the Federal Energy Independence and Security Act of 2007 has been extended to allow the
obligation of 100% Federal funding for CMAQ Projects authorized prior to the end of 2010; and,
WHEREAS, the assigned Transportation Improvement Program number breaks and the funding years need
to be modified;
NOW THEREFORE, the parties wish to supplement the aforementioned Agreement whereby the following
provisions are amended:
Agreement Ib # 1511 1
4
2. SCOPE
Project 0-4932 A will consist of the Capital improvements phase of the project to indude installation of a bus
shelter at the Durham Technical Community College Park and Ride Lot and the installation of bike racks on
four Orange Public Transportation buses. Funds will be available in Federal Fiscal Year 2011.
Project 0-4932 B will consist of Operating Assistance for a transit service for three years beginning in
Federal Fisca) Year 2011 and continuing through 2012 and 2013.
3. FUNDING
1. Subject to compliance by the Gounty 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 for Pre-Construction submittal for C-4932 A.
if the County submits all approved Pre-Construction requirements {PS&E, Right of Way
Certification, Environments documentation} by November 12, 2010, then the Department will
reimburse 100% of the project costs up to a maximum of $20,275. [100°~]
if the County does not submit all Pre-Construction requirements by November 12, 2010, then the
Department will reimburse 80°~ of the project costs up to a maximuri~e of $16,220. The County shall
provide a local match, as detailed in the table below. [80% ! 20%] • . ,
t=UNDiNG TABLE
Fund Source Total Estimated Federal Funds Non-Federal
Cast Amount Match
(100%) (80%} (2Q%)
CMAQ - 0-4932 A $20,275 $16,220 $4,540
(Capital Improvements)
2. Subject to compliance by the County with the provisions set forth in Phis Agreement and the availability
of federal funds, the Department shall participate as detailed below in the FUNDING TABLE, subject to
the following conditions for C-4932 B.
Agreement ID # 1511
~'~
For Federal Fiscal Year 2011, upon approval by the Transportation Planning Branch of the revised route
submittal, the Department will reimburse 100% of the project costs up #o a maximum of ONE HUNDRED
NINETY EIGHT THOUSAND DOLLARS ($198,000) (100%] for the first year of Operating Assistance.
For Federal Fiscal years 2012 and 2013, 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 ail costs that exceed the Total Estimated Cost.
FUNDWG TABLE
Fund Source
CMAQ - C-483213
(Operating Assistance Total Estimated
Cost
(100%) Federal Funds
Amount
{66%} Non-Federal
Match
(34%)
FFY 2011 $198,000 $130,680 $67,320
FFY 2012 $198,000 $130,680 $67,320
FFY 2013 $198,000 $130,680 $67,320
3. The County is responsible for ail costs that exceed the total estimated cost.
_ RESPON5161LlTIES
If the above-referenced deadline of November 12, 2010 is not met, then the County shall complete Pre-
Construction requirements.within six months of the execution of this Agreement.
GIFT BAN
By Executive Order 24, issued by Governor Perdue, and NCGS 133-32, it is unlawful for any vendor or
contractor (i.e. archifect, bidder, contractor, construction manger, design professional, engineer, landlord,
offeror, seller, subcontractor, supplier, or vendor}, to make gifts or to give favors to any Sta#e employee of
the Governor's Cabinet Agencies (i.e. Administration, Commerce, Correction, Crime Control and Public
Safety, Cultural Resources, Environment and Na#ural Resources, Health and Human Services, Juvenile
Justice and Delinquency Prevention, Revenue, Transportation ,and the Office of the Governor).
Agreement ID # 1511
Except as hereinabove provided, the Agreement heretofore executed by the Department and the County on
6!5/2009, is raged and affirmed as therein provided.
Agreement ID # 1511
7
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
BY: BY:
TITLE: TITLE:
DATE:
Approved by (Governing Board) of Orange County as attested to by the
signature of .Clerk of the
(Governing Board) on (Date}
This instrument has been pre-audited in the manner
required by the Local Government Budget and Fiscal
Control Act.
(SEAL)
(FINANCE OFFICER}
Federal Tax Identifiication Number
Remittance Address:
Orange County
~, ~ , ..
DEPARTMENT OF TRANSPORTATION
BY:
(STATE HIGHWAY ADMINISTRATOR}
DATE:
APPROVED BY BOARD OF TRANSPORTATION ITEM O: (Date)
Agreement ID # 1511 5