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HomeMy WebLinkAboutRES-2005-039 Resolution for Acceptance of Grant for Proposed Scenic Easement Project~~s_~~d5~3s 5 .~ ~ ~ - ~.ab s 5 -F COPY OF A RESOLUTION PASSED BY THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA A motion was made t~~ ~ .% ~~Lti~"t~ and seconded by Cd,.,.,~,r/~.,..~., for the adoptior(/of the following Resolution, and upon being put to a vote was duly adopted: WHEREAS, Orange County, North Carolina has requested enhancement funding for the acquisition of a scenic conservation easement along St. Mary's Road in Orange County, North Carolina; and, WHEREAS, the Department of Transportation has programmed funding in the 2002-2008 Transportation Improvement Program, as revised, for said acquisition under Project E-4779 in Orange County; and WHEREAS, the County proposes to enter into an Agreement with the North Carolina Department of Transportation for said acquisition as described in said Agreement; and, WHEREAS, under the proposed Agreement and subject to the Agreement provisions, the Department shall reimburse the County to the extent of eighty percent (80%) of the approved eligible costs covered under this Agreement up to the maximum federal award of $141,269; and, WHEREAS, the County shall provide at least twenty percent (20%) matching funds and all costs that exceed the federal award of $141,269. NOW, THEREFORE, BE IT RESOLVED that the Agreement for Project E-4779, in Orange County, is hereby formally approved by the Board of Commissioners of Orange County, North Carolina, and that the County Manager is hereby empowered to sign and execute the required Agreement with the Department of Transportation. 1, ~~ ,4 ~~b.~ Clerk of the Board of County Commissioners do hereby certify that the foregoing is a true and correct copy of excerpts from the Minutes of the meeting of the Board of County Commissioners duly held on the ~ day of ~, 2005. WITNESS, my hand and the official seal of said County on this the ~ day of 2005. •(CO ~°,;z~ €I CLERK TO THE ORANGE COUNTY `~ ~ ~`~~-.~j~ BOARD OF COMMISSIONERS ~Jti~~~ .off. ;~~..~' ri;~~' IFS ~°fE ~~• -5- APPENDIX A ENHANCEMENT PROJECT GUIDELINES A DOT Transportation Improvement Program (TIP) Project Number (E-4XXX) has been assigned. The Sponsor's application stated the estimated cost for the proposal, budgeting each phase of the project as well as stating the estimated time schedule to accomplish each phase of the project. The Board of Transportation awarded federal funds for projects based upon review of the budget submitted. The program is a cost reimbursement program. The award amount is the maximum amount allowed for reimbursement for eligible project cost. The Sponsor must accomplish the project with the total of federal funds awarded plus other sponsor funding sources. 2. The Transportation Program Consultant (hereafter referred to as the TPC) has coordinated with the Agreements Unit to prepare and transmit the Enhancement Agreement. Once the Agreement has been prepared, the following steps will occur: • The Agreement will be sent to the Sponsor and/or Governmental Co-sponsor for execution. • The Agreement will be placed on the North Carolina Board of Transportation Agenda for approval. • The Highway Administrator and the Assistant Attorney General will execute. the Agreement. • The TPC will return a fully executed copy to the Sponsor and/or Governmental Co-sponsor.. Any costs incurred prior to execution of the agreement will not be eligible for reimbursement. 3. The TPC will request approval from FHWA for authorization of Preliminary Engineering funds. The TPC shall provide written notification of funding authorization and authorization to proceed. Any PE costs incurred prior to receipt of FHWA PE authorization will not be eligible for reimbursement. 4. The TPC will coordinate a scoping meeting to discuss project implementation and management. 5. Upon receipt of the PE authorization letter, the Sponsor may proceed with consultant selection or in- house planning efforts. Prior to soliciting bid proposals from consultants for planning and design work, a copy of the proposal may be sent to the TPC for. review and comment on the scope. of work. (*'`NOTE.• If the consultant is not on the list of pre-qualified consultants used by DOT, the consultant must have acceptable accounting systems and be approved by DOT.) 6. The Sponsor shall select a proposed consultant in accordance with Federal and State Guidelines for procurement as stated in "Rules and Regulations for Major Professional or Specialized Services Contracts" that conforms to NCGS 143-64, and Title 23 of the Code of Federal Regulations (CFR). The Sponsor shall submit two (2) copies of the proposed consultant agreement to the TPC for review and approval by the TPC. The TPC will coordinate the review process. The Sponsor will include changes requested by the TPC. (**Note: Apre-negotiation audit must be performed by the Department's External Audit Branch in the event that the architectural and/or engineering services exceed $250,000.00. Apre-negotiation audit of a contract under $250, 000.00 will be performed if the Sponsor or the TPC requests it.) • Upon approval of the Engineering Contract, the Sponsor may submit invoices for costs incurred as specified in the agreement. All preliminary' engineering and design invoices should. be submitted to the TPC for approval. Please note the project number and whether the invoice is a partial or final invoice on each invoice. Proof of payment and supporting documentation is required. -1- APPENDIX A 7. The Sponsor is responsible for the acquisition or lease of property to ensure appropriate right of way The Sponsor shall comply with all rules and regulations and right of way must be certified in accordance with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970. Certification of existing municipally owned right of way shall be in accordance with all rules, regulations, and procedures governing the acquisition of right of way. • The Sponsor must contact the Division Right of Way Agent prior to initiating any right of way acquisition and to certify the existing right of way. • The Sponsor shall accomplish or cause to be accomplished the relocation and/or adjustment of any publicly or privately owned utilities in conflict with the project. A plan showing utility conflicts shall be included with the final plans. • Only two categories allow reimbursement of ROW expenditures: Acquisition of Scenic Easements or Preservation of.Abandoned Railway Corridors. Any right of way costs incurred prior to receipt of FHWA right of way authorization will not be eligible for reimbursement. 8. The TPC will determine the type of Environmental Document required. • If the project requires a Type I Categorical Exclusion (CE), the TPC will document this in the .file and notify the Sponsor. This will conclude the Environmental Document requirements. • If the project requires a Type II Categorical Exclusion (CE), the Sponsor, and/or its agent, is responsible for preparing the Environmental Document and submitting it to the TPC for review and approval. 9. Preliminary design plans (number of sets to be determined by the TPC) will be submitted by the Sponsor to the TPC for review and approval. Preliminary design plans are to show design, profiles, typical. section, construction limits,. drainage, and proposed right of way and/or easements. The project shall be designed in accordance with federal and state regulations as well as AASHTO (American Association of State Highway and Transportation Officials) standards. 10. Prior to the Sponsor advertising for construction bids, the Sponsor shall. submit final plans, specifications, and contractor's estimates to the TPC for review and approval. The TPC will determine the number of final plans and contract proposals that need to be submitted. 11. After the TPC has reviewed and approved the final plans and contract proposals for the project, the TPC will obtain FHWA construction authorization to proceed with the advertisement of the construction project. 12. Upon receipt of approval by FHWA, the TPC shall notify the Sponsor that they may proceed with advertisement. The Sponsor shall follow FHWA regulations as contained in the Federal-Aid Policy Guide. Letting of contracts for construction and purchases shall be in accordance with NCGS 143- 129, NCGS 143-131, or 23 CFR 635A (whichever is determined by the TPC). • Prior to award of the construction contract by the Sponsor, a letter will be submitted to the TPC requesting concurrence with the selection and shall include: a copy of the municipal resolution approving consultant selection, bid tabulation sheets, engineer's estimate(s), and two (2) copies of the successful responsible bidder's contract. FMWA and Board of Transportation must concur prior to award of contract by the Sponsor. • The TPC will notify the Sponsor of FHWA and Board of Transportation concurrence, thereby authorizing Sponsor to proceed with the awarding of the construction contract. -2- APPENDIX A Sponsor will submit copy of fully executed construction contract to TPC. 13. The Sponsor will oversee and inspect the project construction. All construction invoices should be submitted to the TPC for review and approval subject to all conditions contained within the. project Agreement. The Sponsor must adhere to Cost Principles as contained in OMB Circular A-87, Administrative Requirements as contained in 49 CFR 18, and shall arrange for an independent audit in compliance with NCGS 159-34 and in accordance with OMB Circular A-128. • Any monies due from the Sponsor or any costs not reimbursed to the NCDOT by FHWA shall be borne by the Sponsor and are subject to deduction from any other monies owed to the Sponsor or Governmental Co-sponsor. The funding of this project shall be as follows: Up to eighty percent (80%) from Transportation Enhancement Funds as allocated by the FHWA; at least twenty percent (20%) from non-STP matching funds. The maximum amount to be paid to the Sponsor shall not exceed the award by the Board of Transportation. The Department shall have no liability for project costs that exceed the authorized Transportation Enhancement Funds and the Sponsor shall bear all project costs for which it is unable to substantiate actual cost. • In the event that the Sponsor does not undertake construction of the project for which sums of federal funds have been paid for preliminary engineering within two years following execution of the project agreement, then the Sponsor shall repay any such expended federal funds in accordance with the terms of the project agreement. Further, in the event that funding is withdrawn or adjusted by FHWA, the DOT shall have no further obligation to the Sponsor or liability for the project. 14. The Sponsor and/or Governmental Cosponsor shall be responsible for the maintenance of the completed improvements and the costs thereof unless the NCDOT has agreed to maintain the project. All projects should be maintained so that the safety and integrity of the project remains at a level consistent with .the end result of the funded project, subject to normal wear and tear. Any funds generated as a direct result of the federal award must be used for the preservation and operation of the Transportation Enhancement funded project. Further, the Department is indemnified and held harmless from any and all claims that might -arise on account of such project. NOTE: .PLEASE MAKE SURE YOU HAVE OBTAINED PROPER DDT AUTHORIZATION AND/OR APPROVAL BEFORE BEGINNING WORK ON ANY PHASE OF THE PROJECT. S:IEnhancelReferences and ResourceslGuidelineslGuidelines- Enhancement Projects Revised Dec 2004.doc -3-