Loading...
HomeMy WebLinkAboutAgenda - 10-09-2007-4kORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 9, 2007 Action Agenda Item No. ~ ° ,~'` SUBJECT: Resolution Endorsing Agreement with the NCDOT for TIP Project EB-3606, Bicycle Route Mapping and Signing DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) ATTACHMENT(S): INFORMATION CONTACT: Bicycle Map Agreement & Resolution Karen Lincoln, 245-2594 Craig Benedict, 245-2592 PURPOSE: To consider a resolution to enter into an agreement with the North Carolina Department of Transportation (NCDOT) for the NCDOT to reimburse the County for the cost to produce 20,000 bicycle route maps. BACKGROUND: The NCDOT has prepared a draft bicycle mapping agreement to reimburse Orange County for securing cartographic and design services for production of a bicycle map programmed in the 2007-2013 Transportation Improvement Program (TIP) as Project EB-3606 Bicycle Route Mapping and Signing. The Orange County bicycle route mapping and signing project has been programmed in the TIP since the 1997-2003 TIP, which scheduled the project for FFY 1998. Staff shortages in the North Carolina Department of Transportation (NCDOT) delayed progress of this effort for several years. In January 2002, an Orange County Bicycle Map Committee made up of interested Orange County citizens and planning staff from Orange County, Chapel Hill, Carrboro and Mebane, met with staff from the NCDOT Division of Bicycle and Pedestrian Transportation to discuss the procedure for the development of countywide bicycle route mapping and signing. The group met several times to develop a system of proposed bicycle routes that would serve Orange County communities, provide connections to bicycle routes in adjacent counties and would not be too challenging for the average bicyclist. NCDOT staff studied proposed routes and developed a preliminary map, which was reviewed by planning staff from Orange County, Chapel Hill, Carrboro, Hillsborough, Mebane and the Chapel Hill Bicycle and Pedestrian Advisory Committee. The NCDOT is now ready to proceed with this project. The estimate for producing the Orange County bicycle map, provided by the Bicycle and Pedestrian Program Manager, is $43,000, and includes: • cartography for the base map and insets for Chapel Hill/Carrboro (showing greenways as well as roadways), Hillsborough and Mebane; • layout and graphic design; • professional photography services for cover shot and other images of local attractions that do not include cyclists or are not available from other resources; and • delivery of 20,000 printed maps. 2 Terms of the agreement specify that all work will be done in a computer format compatible with NCDOT Division of Bicycle and Pedestrian Transportation and Orange County Planning Department equipment and resources. The NCDOT will reimburse the County for the actual cost up to $50,000 within 30 days of the date of the invoice submitted by the County. Orange County agrees to furnish NCDOT with 1,000 copies of the Orange County bicycle maps and a copy of the final digital files. FINANCIAL IMPACT: The estimated cost of printing 20,000 maps is $43,000. NCDOT agrees to reimburse the County for the actual cost up to $50,000, with Orange County being responsible for all costs that exceed that amount. This initiative was not included in the 2007-08 approved budget. Should the BOCC accept the grant, budget staff will include a corresponding budget amendment on a future budget amendment. RECOMMENDATION(S): The Manager recommends that the Board endorse the resolution authorizing the Manager to sign an agreement with NCDOT for reimbursement of costs of developing an Orange County Bicycle Map subject to final review and approval by the County Attorney and others to ensure that the County's policies and procedures adhere to federal requirements of the agreement. 3 ORANGE COUNTY i. r' - - - -NORTH CAROLINA DEPARTMENT OF ~ TRANSPORTATION ~~ <~\ `.n is-m ~,~ ~~ COU] ,\ ,. ~,, Y OF ORANGE 10/09/07 BICYCLE AGREEMENT PROJECT: EB-4409B WBS 34025.1.1 THIS AGREEMENT is made and entered into on the last date executed below, by and between the DEPARTMENT OF TRANSPORTATION, anagency of the State of North Carolina, hereinafter referred to as the Department, and the COUNTY OF ORANGE, hereinafter referred to as the County; WITNESSETH: WHEREAS, the Bicycle Transportation Improvement Program includes the mapping and signing of urban, county and regional bicycle routes; and, WHEREAS, the Department and the County have agreed to assume certain responsibilities for production of bicycle map and signage of routes for the Orange County area (the "project") and authorized by GS 136-71.6. NOW, Therefore, the parties hereto, each in consideration of the promises and undertakings of the other as herein provided, do hereby covenant and agree, each with the other, as follows: The County shall be responsible for the development of a comprehensive system of bicycle routes throughout the Orange County area. Said designated bicycle route system shall be developed in accordance with Departmental standards, and submitted to the Department's Division of Bicycle and Pedestrian Transportation (DBPT) for review and approval prior to production of maps and signage. 2. The bicycle map /brochure shall include (but not be limited to), a map highlighting designated routes and other bicyclist-oriented information, riding tips, safety information, local history, points of interest, and text describing routes. Said information shall be compiled by the County and the Institute for Transportation Research and Education and submitted to the Department for review. All information shown on the map /brochure shall be subject to approval by the Department's DBPT. -- ... ``~ 4 3. The County shall be r~spos~ble for securing cartographic and design services for the production of the mafi:' Said product shall be in a format acceptable to the Department ~,;,~. and will include safety inform~fion and riding tips. All work shall be undertaken in a ~-:~, computer format compatible with DBPT and the Orange County Planning Department equipment and resources During the process of developing the map, all draft copies of the cartographic design; map layout and safety information shall be submitted to the ,,r~'"' Department for review and approval. The County and DBPT shall closely monitor the -development of the map and graphics, and thoroughly review the final draft for inaccuracies. Any inaccuracies found shall be corrected by the County before submittal `~ of the final draft to the Department. ,\ 4. L3pun approval of the final draft by the Department, the County shall print a minimum of A ,2.0;000 copies of the map in a full four-color format. One thousand (1,000) copies of the \ ~ '' 'completed map, plus a copy of the final digital files shall be provided to the Department '_ '' by the County. In addition, any artwork (including base map and overlays) created specifically for this project shall become the property of the County and the Department. 5. All work shall be completed by the County within two (2) years from the date of execution of this agreement unless a project extension is granted by the DBPT. Project extension request shall be in writing and must provide sufficient justification., 6. The Department shall participate in the costs of the project for actual costs not to exceed $50,000. Project costs that exceed this amount shall be borne by the County. A. The County may bill the Department for actual costs as herein stated by submitting partial invoices, in quadruplicate, to the Department's DBPT. Reimbursement to the County shall be made upon approval of said invoices by the DBPT and the Department's Fiscal Section. Payment by the Department shall be made to the County within 30 days of the date of invoice. B. If the work is performed by County force account, said invoices shall show a summary of labor, labor additives, equipment, materials and other qualifying costs in conformance with the standards for allowability of costs set forth in Office of Management and Budget (OMB) Circular A-87. Reimbursement shall be based on actual cost incurred with the exception of equipment owned by the County. Reimbursement for rates of equipment owned by the County cannot exceed the Department's rates in effect for the time period in which the work is performed. If the work is performed by a contractor, said invoices shall show the contract cost. C. In accordance with North Carolina General Statute 159-34, as amended by House Bill 1036, dated June 4, 1987, (an Act to Implement the Single Audit Act in North Carolina), the County shall arrange for an independent financial and compliance audit of its fiscal operations and grants administration in accordance with OMB Circular A- 128, "Audits of State and Local Governments" dated April 12, 1985 and the Federal Single Audit of 1984. The County shall furnish the Department with a copy of the independent audit report. 4 t:- \\ _~ 5 D. A final iten~i~cd~invoice listing alI costs shall be submitted to the DBPT upon completion o1 ~ ih c "p"roj ect ~_.~ E. The County agrees it shall bear all costs for which it is unable to substantiate actual costs. F. Failure on the part of the County to comply with any of these provisions will be grounds for the Department to terminate participation in the costs of the project. ``~~G'~. All invoices must be submitted within one (1) year of completion and acceptance of `the project by the Department. '. ;The County shall maintain all books, documents, papers, accounting records, and other ''such evidence as maybe appropriate to substantiate costs incurred under this Agreement. Further, the County shall make materials available at its office at all reasonable times during the contract period, and for five (5) years from the date of final payment under this Agreement, for inspection and audit by the Department's Fiscal Section. 8. Per OMB Circular A-133, the County is prohibited from contracting with or making subawards under transactions covered by this agreement to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all nonprocurement transactions (e.g., subawards to subrecipients). Contractors receiving individual awards for $ 25,000 or more and all subrecipients must certify that the organization and its principals are not suspended or debarred. The County may rely upon the certification unless it knows that the certification is erroneous. 9. 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 10. The County, and/or its agent, shall comply with the following federal policies: (a) Conflict of Interest; (b) Equal Employment Opportunity; (c) Tital VI -Civil Rights Act of 1964. 11. The County, including all contractors, sub-contractors, or sub-recipients, shall also comply with the following federal policy: Disadvantaged Business Enterprise (DBE) as defined in 49 CFR Part 26.: DISADVANTAGED BUSINESS ENTERPRISE 03-15-07R POLICY It is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises shall have the opportunity to participate in the performance of contracts financed in whole or in part by Federal Funds in order to create a level playing field. The Firm is also encouraged to give every opportunity to allow DBE participation in Supplemental Agreements. 5 ,..~ OBLIGATION ~: The Firm;'suUcontractor, and sub-recipient shall not discriminate on the basis of race, color, national origin, or sex in the~p'erfoririance of this contract. The firm shall carry out applicable requirements of 49 CFR 26 in the award and administrarion of federally assisted contracts. Failure by the firm to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Department deems necessary. `,- GOALS ~ , ~ -., ~ ~° A. Disadvantaged "Business Enterprises (DBE) goals will not be established for the scope of work identified in Provisions 2=6 of this agreement. For those items of work, the Municipality shall report the anticipated utilization~of DBE's during the completion of this work as defined in the LISTII~IG OF DBE SUBCONTRACTORS below. B. Goals for participation by Disadvantaged Business Enterprises (DBE) shall be established for this contract and approved by NCDOT's Contractual Services Unit prior to advertising for construction bids. hz accordance with with Bicycle Pedestrian Improvement Program guidelines, a Disadvantaged Business Enterprise special provision will be submitted along with the funding authorization for the construction phase of the project. The Firm shall exercise all necessary and reasonable steps to ensure that Disadvantaged Business Enterprises participate up to the level submitted in the firms Letter of Interest (LOI) or project proposal. LISTING OF DBE SUBCONTRACTORS All firms, at the time the project proposal is submitted, must also submit a listing of DBE participation on the appropriate form (or facsimile thereof) contained elsewhere in this proposal in order for the project proposal to be considered responsive. Firms must indicate the total dollar value of DBE participation for the contract. In the event the fuze has no DBE participation, it is still required to indicate this on the forms by entering the word or number zero. Blank forms will not be deemed to represent zero participation. PROJECT PROPOSALS SUBMITTED WHICH DO NOT HAVE DBE PARTICIl'ATION INDICATED ON THE APPROPRIATE FORM WII.,L NOT BE READ PUBLICLY DURING THE OPENING OF PROJECT PROPOSALS. The Department will not consider these project proposals for award and they will be returned to the firm. Firms have the option of submitting their DBE participation in an abbreviated format as required in Paragraph A below, or the firm may submit their DBE participation in the additional detail required by Paragraph B below. In the event the fuze elects to submit DBE participation in accordance with Paragraph A and is selected, that fuze must deliver to the Department no later than 12:00 noon of the sixth day following the opening of project proposals, a detailed DBE submittal as required by Paragraph B below. Only those DBE firms with current certification by the Department will be considered acceptable for listing in the firm submittal of DBE participation. A. The Firm shall indicate on the form for listing of DBE subcontractors contained elsewhere in this proposal the following required information: REQUIIZED INFORMATION (1) The names and federal tax ID of DBE firms committed to participate in the contract (2) The description of the Service or Item to be performed and/or provided by each DBE firm; and (3) The anticipated utilization of each DBE based on planned efforts. ~~ Failure to indicate the required information on the s~acified form will cause the LOI or project proposal to be considered nonresponsive and it may be rejected. B. ~ In lieu of submitting the information required by (A) above, the firm may submit the detailed information that rcyuired below along with the LOI or project proposal form. E~'~` ~`~. 1ZEQUIRED INFORMATION (1) ~ I'he names and federal tax ID of DBE firms committed to participate in the contract (2) `l;he Contract Item Numbers and Contract Item Descriptions and agreed upon unit prices of work to~be performed by each DBE firm; and (3) The total dollar amount to be paid to each DBE based on agreed upon unit prices. Failure to indicate the required information on the specified form will cause the LOI or project proposal to be considered nanresponsive and it maybe rejected. The firm is required to submit written documentation of the firm's commitment to use a DBE subcontractor and written confirmation from each DBE, listed in the proposal form, indicating their participation in the contract. 7 The Department will not allow any substitutions, deletions, or other alterations to the listing of firms committed for DBE participation and/or the respective listed contract item numbers after the opening of the LOI or proposal. The Department will not allow adjustments to total dollar amount of DBE participation after the opening of LOI or project proposals that would result in the DBE participation being less than the anticipated utilization. DBE DIRECTORY Firms can access a list of Disadvantaged Business Enterprises (DBE) which have been certified as such by the North Carolina Department of Transportation by clicking on the following http://apps.dot.state.nc.us/vendor/directory/. Only those DBE firms with current certification may be listed in the proposal form. The listing of an individual firm in the Department's directory shall not be construed as an endorsement of the firms' capability to perform certain work. DEFINITIONS For purposes of this provision the following definitions will apply: (1) Socially and economically disadvantaged individuals means a person who has a net worth of $750,000.00 or less and is a citizen or lawful permanent resident of the United States and who is: (a) A Black American (b) A Hispanic American (c) A Subcontinent Asian American (d) A Native American (e) An Asian-Pacific American (f) A Woman 7 ~. (g) Members of other groups;` ur other individuals found to be economically and socially disadvantaged by the Small Business Administration under Section 8(d) of the Small Business Act, as amended (15 U.S.C. 637(d)). `, (h) Members of othergroups, or other individuals found to be economically and socially w. disadvantaged by the N. C. Department of Transportation under the Criteria for ` ~~ - _ Disadvantaged Business Enterprises as published by the Department. - 3 (2)' ''~. Disadvantaged Business Enterprise (DBE) means afor-profit small business concern. ~,'; "-,, (a) -: That is at least 51 percent owned by one or more individuals who are both socially and. economically disadvantaged or, in the case of a corporation in which 51 percent of the stock is owned by one or more such individuals; and (b) Whose management and daily business operation are controlled by one or more of the socially and economically disadvantaged individuals who own it, REPORTING DISADVANTAGED BUSINESS ENTERPRISE PARTICIl'ATION When payments are made to Disadvantaged Business Enterprise firms, including material suppliers, firms at all levels (prime, subcontractor, or second tier subcontractor) shall provide the Engineer or Contract Administrator with an accounting of said payments. This accounting shall be furnished the Engineer or Contract Administrator for any given month by the end of the. following month. Failure to submit this information accordingly may result in (1) withholding of money due in the next partial pay estimate; or (2) removal of an approved Firm from the prequalified bidders list or the removal of other entities from the approved subcontractors list. The accounting shall list for each payment made to a Disadvantaged Business Enterprise firm the following: DOT Project Number Payer Firm Name and Federal Taxpayer ID Receiving Subcontractor or Material Supplier and Federal Taxpayer ID Amount of Payment Date of Payment This document shall be on the Department's DBE Subcontractor Payment Information Form. A responsible fiscal officer of the payee firm, subcontractor, or second tier subcontractor who can attest to the date and amounts of the payments shall certify that the accounting is correct. A copy of an acceptable report maybe obtained from the Engineer or Contract Administrator. 9 IN WITNESS WI~REOF, this Agreement has been executed, in duplicate, the day and year'heretofore set out, on the part of the Department and the County by ~tithoiity duly given, as evidenced by the attached certified copy of Resolution, ~.. Ordinance or. Charter Provision, as the case may be. L.S. ATTEST: ~ ~ COUNTY OF ORANGE fr BY: BY: TITLE: TITLE: DATE: DATE: This instrument has been pre-audited (COiJNTY SEAL) in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Officer Federal Tax Identification Number COUNTY OF ORANGE REMITTANCE ADDRESS: County of Orange DEPARTMENT OF TRANSPORTATION BY: Deputy Secretary for Transportation APPROVED AS TO FORM: DATE: ASSISTANT ATTORNEY GENERAL 9 10 RESOLUTION PASSED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ORANGE, NORTH CAROLINA A motion was made by and seconded by for the adoption of the following Resolution, and upon being put to a vote was duly adopted: WITNESSETH: WHEREAS, the County of Orange has requested Transportation Improvement Program funds to undertake the development of a mapped and signed bicycle transportation system for the Orange County area, and, WHEREAS, the Department may provide financial assistance in the development of such a project, and, WHEEREAS, the Department and the County of Orange have agreed that a bicycle map is desired to provide information for bicyclists on roadway conditions and to show designated bicycle routes, and, WHEREAS, the Department has agreed to reimburse the County for the actual cost of the printing of a minimum of 20,000 maps; and, WHEREAS, the Department shall reimburse the County for the actual costs of the project in an amount not to exceed $50,000, and, WHEREAS, the County shall be responsible for all costs that exceed the agreed upon maximum amount, and, WHEREAS, the County of Orange desires to enter into a reimbursement agreement with the Department whereby the County shall develop a bicycle transportation map, NOW, THEREFORE, BE IT RESOLVED that this Project is hereby formally approved by the Orange County Commissioners and that the Manager of this County is hereby empowered to sign and execute the Agreement with the Department. I, County Manager for Orange County DO HEREBY CERTIFY that the foregoing is a true and correct copy of the proceedings of said Board at a meeting held on 2007, as relates in any way to the adoption of the foregoing, and that said proceedings are recorded in the minutes of said Board. WITNESS, my hand and the official seal of said County on this the day of 2007. (SEAL) CLERK ORANGE COUNTY NORTH CAROLINA 10