HomeMy WebLinkAbout2010-160 Planning - Agreement NC Department of Transportation for $71,375 Supplemental Funds_ Please return this Copy to the _
Clerk. to the Board's office for PAF
NORTH CAROLINA
ORANGE COUNTY
SUPPLEMENTAL AGREEMENT
DATE: 8/17/2010
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
TIP #: C-4932 A & C-4932 B
AND
ORANGE COUNTY
WBS ELEMENTS: PE 44032.1.1
ROW
44032.3.1 and
CON
44032.3.2
OTHER FUNDING:
FEDERAL-AID #:
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";
WITNESSETH:
WHEREAS, the Department and the County, on 6/5/2009, 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 Technical
Community College Park and Ride Lotto 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 ID # 1511 1
2. SCOPE
Project C-4932 A will consist of the Capital Improvements phase of the project to inGude 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 C-4932 B will consist of Operating Assistance for a transit service for three years beginning in
Federal Fiscal Year 2011 and continuing through 2012 and 2013.
3. FUNDING
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 for Pre-Construction submittal for C-4932 A.
If the County submits all approved Pre-Construction requirements (PS&E, Right of Way
Certification, Environmental 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 maximum of $16,220. The County shall
provide a local match, as detailed in the table below. [80% / 20%]
FUNDING TABLE
Fund Source Total Estimated Federal Funds Non-Federal
Cost Amount Match
(100%) (80%) (20%)
CMAQ - C-4932 A $20,275 T $16,220 _ $4,540
(Capital Improvements)
2. 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 for G4932 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 to 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 all costs that exceed the Total Estimated Cost.
FUNDING TABLE
Fund Source Total Estimated Federal Funds Non-Federal
CMAQ - C-4932 B Cost Amount Match
(Operating Assistance) (100%) (66%) (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 all costs that exceed the total estimated cost.
RESPONSIBILITIES
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. architect, bidder, contractor, construction manger, design professional, engineer, landlord,
offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of
the Governor's Cabinet Agencies (i.e. Administration, Commerce, Correction, Crime Control and Public
Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile
Justice and Delinquency Prevention, Revenue, Transportation ,and the Office of the Governor).
Agreement ID # 1511 3
Except as hereinabove provided, the Agreement heretofore executed by the Department and the County on
6/5/2009, is ratified and affirmed as therein provided.
Agreement ID # 1511
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: e ~ LY'
OR,gNG;F COl1NTY
BY:
TITLI
DATI
Approved by Roa.O'~ e'~ ~t~lj_~, ~ o ptr~(Governing Board) of Orange County as ttested to by the
signature of ~,y i t~ ~"~_~~~ lerlc of the ~ `.o oar ~ o•~-s
~f` ~ v c
(Governing Board) on q ~~I ~ (Date)
This instrument has been pre-audited in the manner
required by the Local Government Budget and Fiscal
Controlct. ~~
(FINANCE OFFICER)
~i
Federal Tax Identification Number
5b-(oDUO ?2`7
Remittance Address:
Orange County
Zoo SovjEf CAt-1G-~2ar.t ~~. , E~~ t~3ox gtf3 ~
j-{!(~S3vF3auGN ~ !~!C 1~Z~E3 - 8t£~I
DEPARTMENT OF TRANSPORTATION
.-~-~-
BY:
(STATE HI HWAYADMINISTRATOR)
DATE: t n ~ t~', ~ b
APPROVED BY BOARD OF TRANSPORTATION ITEM O:
1U - `~ ~c~
(Date)
Agreement ID # 1511 5