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HomeMy WebLinkAbout2016-138 Planning - NCDOT for transit service expansion along US 70 corridor 0039 Nnn) NORTH CAROLINA LOCALLY ADMINISTERED PROJECT— FEDERAL:VEHICLE PURCHASE/TRANSIT ORANGE COUNTY DATE: 12/1/2015 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TIP* C-5602 A AND WBS Elements: PE ROW ORANGE COUNTY CON 43710.3.2 OTHER FUNDING: FEDERAL-AID NUMBER: CMS-0708(073) CFDA#: 20.205 Total Funds[NCDOT Participation] $164,129 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 the Orange County, hereinafter referred to as the"County". WITNESSETH: WHEREAS, Section 1113 of the Moving Ahead for Progress in the 21 st Century(MAP-21)allows for the allocation of Congestion Mitigation and Air Quality funds to be available for certain specified transportation activities;and, WHEREAS,the County has requested federal funding for Orange County Transit Service Expansion, 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) up to and not to exceed the maximum award amount of$164,129 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, 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, Agreement ID#6119 1 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 applicable 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, construction and/or implementation of the Project approved by the Board of Transportation. NOW, THEREFORE, 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 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT All parties to this Agreement, including contractors, subcontractors, and subsequent workforce , associated with any work under the terms of this Agreement shall provide reports as required by the Federal Funding Accountability and Transparency Act(FFATA)for this Project. AGREEMENT MODIFICATIONS Any modification to scope,funding, responsibilities, or time frame will be agreed upon by all parties by means of a Supplemental Agreement. LOCAL PUBLIC AGENCY 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. PERSON IN RESPONSIBLE CHARGE The County shall designate a person or persons to be in responsible charge of the Project, in accordance with Title 23 of the Code of Federal Regulations, Part 635.105. The person, or persons, shall be expected to. ■ Administer governmental project activities, including those dealing with cost,time, adherence to contract requirements, construction quality and scope of Federal-aid projects; Agreement ID#6119 2 • Maintain knowledge of day to day project operations and safety issues; • Make or participate in decisions about changed conditions or scope changes that require change orders or supplemental agreements; ® Visit and review the project in accordance with the project scope and scale; Review financial processes,transactions and documentation to reduce the likelihood of fraud,waste, and abuse; Direct project staff,agency or consultant, to carry out project administration and contract oversight, including proper documentation,and Be aware of the qualifications„ assignments and on-the-job performance of the agency and consultant staff at all stages of the project. The person in responsible charge must be a full-time employee of the County, but the duties may be split among several employees, if necessary. 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„ including the Local Programs Management Handbook, FAILURE TO COMPLY-CONSEQUENCES UENCES 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 funding one, 8', -passenger diesel-powered expansion light transit vehicle(LTV)and operating assistance to support transit service expansion alone the US 70 corridor between Mebane and Hillsborough. The Department's funding participation in the Project shall be restricted to the following eligible items: Agreement ICS#6119 0 Purchase of 28', 22-passenger diesel-powered transit vehicle as further set forth In this Agreement, 3. FUNDING REIMBURSEMENT FOR ELIGIBLE ACTIVITIES Subject to compliance by the County with the provisions set forth in this Agreement and the availability of federal funds, the Department shall reimburse 80% of eligible expenses incurred by the County up to a maximum amount of One Hundred Sixty Four Thousand One Hundred Twenty Nine Dollars($164,129), as detailed below, The County shall provide the non-federal match, as detailed in the FUNDING TABLE below, and all costs that exceed the total estimated cost, FUNDING TABLE Fund Source Federal Funds Reimbursement Non-Federal Non-Federal Amount Rate Match$ Match Rate ............ Congestion $164,129 80% $41,033 20% Mitigation and Air Quality Total Estimated Cost WORK PERFORMED BY NC DOT All work performed by the Department on this Project, including, but not limited to, reviews, inspections, and Project oversight, during any phase of the delivery of the Project, shall reduce the funding available to the County under this Agreement. The Department will set aside ten percent(10%)of the total estimated cost, or$16,413,to use towards the costs related to review and oversight of this Project, including, but not limited to review and approval of plans, environmental documents, contract proposals, engineering estimates, construction engineering and inspection oversight, and other items as needed to ensure the County's appropriate compliance with state and federal regulations. In the event that the Department does not utilize all the set-aside funding,then those remaining funds will be available for reimbursement to the County at the above reimbursement rate. For all costs of work performed on the Project,whether incurred by the County or by the Department, the County shall provide the non-federal match, The Department will bill the County for the non- federal match of any costs that the Department incurs on the Project and for any costs that exceed the Total Estimated Cost. Agreement ID#6119 4 4. PERIOD OF PERFORMANCE The County shall complete the Project by 09/30/2018. Completion for this Agreement is defined as completion of the vehicle purchase and submission of a final reimbursement package to the Department. The Department and/or FHWA reserves the right to revoke the funds awarded if the County is unable to meet milestone dates Included herein. 6. PLANNING / 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 Department will determine if any mitigation costs are eligible for reimbursement.The County shall bear all costs associated with penalties for violations and claims due to delays. • The County shall be responsible for designing an erosion control plan If required by the North Carolina Sedimentation Pollution Control Act of 1973, NCG$ 113A,Article 4, incorporated in this Agreement by reference at www,ncle net/oascrit)is/Stotuesl.$,tattjtos,asp 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. Agreement ID#6119 5 6. AUTHORIZATION OF FUNDS The County shall submit the required environmental and/or planning document to the Department for review and approval. After approval of all documentation,the Department will request funding authorization from the Federal Highway Administration. The County shall initiate the operation of service prior to receiving written authorization from the Department. T. OPERATION OF TRANSIT SERVICES The County shall operate the'Transit Service in accordance with applicable federal,state, and local guidelines. Upon completion of the three-year period, or when all funding is fully reimbursed,whichever is sooner,the County shall be responsible for providing a certification to the Department that all work performed for this Project is in accordance with all applicable standards, guidelines, and regulations. 8. VEHICLE PROCUREMENT PURCHASE THROUGH THE STATE CONTRACT The Department,through the North Carolina Department of Administration, Purchase and Contract Division, awards vehicle contracts to purchase vehicles for public use, These vehicle contracts comply with Federal Transit Administration (FTA) and State requirements, The County may utilize these vehicle contracts to purchase public vehicles, but must provide assurance that contracts also meet Federal Highway Administration (FHWA) requirements. For vehicles not included in these contracts,the Contractor shall conduct a competitive procurement process in accordance with this Agreement, Agreement ID#6119 6 PURCHASE OUTSIDE OF THE STATE CONTRACT When purchasing vehicles outside the State Contract, the County shall develop a contract proposal and submit to the Department for review and approval prior to initiating work, The proposal be in compliance with and include applicable language concerning the following federal laws, regulations, and state requirements. 0 Title 49, Code of Federal Regulations, Part 18; a North Carolina General Statute: 143-129; and 143-131, BUY AMERICA All vehicle purchases funded through FHWA must meet Buy America requirements, stipulated at 23 USC 313, with regulatory provisions found at 23 CFR 635•1410, unless a waiver from Buy America is obtained from FHWA. 9. USE OF VEHICLE /ROLLING STOCK The County agrees to use Project property for appropriate Project purposes. The County shall maintain all project equipment at a high level of cleanliness, safety, and mechanical soundness In accordance with the minimum maintenance requirements recommended by the manufacturer. TITLE TO VEHICLES • The Certificate of Title to all vehicles purchased shall be in the name of the County. In the event of project termination or breach of contract provisions,the County shall, upon written notification by the Department, surrender all vehicles and/or transfer the Certificate(s)of Title for all vehicles to the Department or the Department's designee. • The County agrees that the Federal or State Government may direct the disposition of, and even require the County to transfer title to any Project property financed with Federal/State assistance under this Agreement. • The County agrees that it will not execute any transfer of title, lease,lien, pledge, mortgage,encumbrance,third party contract,sub-agreement, grant anticipation note, alienation, innovative finance arrangement(such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project property, that in any way would affect the continuing Federal and State interest in that Project property. Agreement ID#6119 '7 LENSING PROJECT PROPERTY TO ANOTHER PARTY • Prior to entering into any third party contract for leasing Project property to another party, the County agrees to obtain approval from the Department.. • If the County leases any Project property to another party,the County agrees to retain ownership of the leased Project property, and assure that the lessee will use the Project property appropriately,through a written lease between the County and lessee, The County agrees to use the standard lease agreement form provided by the Department and to provide a copy of the signed, executed lease agreement to the Department. • It is the County's primary responsibility to comply with Federal and State requirements of this Agreement and assure the compliance of any third party contractor. DISPOSITION OF PUBLIC PROPERTY The County and the Department agree that the useful life for the Project property is three years. The County will use Project property continuously and appropriately throughout the useful life of that property. Upon the end of the period of useful life,the County may dispose of Project property. When the useful life of Project property has expired,the County agrees to comply with the Department's disposition requirements as referenced at htt s1/connect nc-o , ov/businessfTransit/Pa�,es/Transit-Finar i l- ana ement- esources,as_ox [Click on Procurement Tab and see D soosition Policy Guidelines under NEW VEHICLE. For Project property withdrawn from appropriate use before its useful life has expired,the County agrees as follows: o r otification Requirement, The County agrees to notify the Department immediately when any Project property is prematurely withdrawn from appropriate use,whether by planned withdrawal, misuse, or casualty loss,. o Calculatina the Fair Market V l P oral Withdrawn Pro"act Pr The County agrees that the Federal/State Government retains a Federal/State interest in the fair market value of Project property prematurely withdrawn from appropriate use. The amount of the Federal/State interest in the Project property shall be determined by the ratio of the Federal/State assistance awarded for the property to the actual cost of the property. The County agrees that the fair Agreement ID#6119 market value of Project property prematurely withdrawn from use will be calculated as follows, Equig!ngpt god§_upR1ie§ The County agrees that the fair market value of Project equipment and supplies shall be calculated by straight-line depreciation of that property, based on the useful life of the equipment or supplies as established by the Department. The fair market value of Project equipment and supplies shall be the value immediately before the occurrence prompting the withdrawal of the equipment or supplies from appropriate use. In the case of Project equipment or supplies lost or damaged by fire, casualty, or natural disaster,the fair market value shall be calculated on the basis of the condition of that equipment or supplies Immediately before the fire, casualty, or natural disaster,or the amount of insurance coverage,whichever is greater. ■ Exceptional Cit gmstance& The County agrees that the Department may require the use of another method to determine the fair market value of Project property. In unusual circumstances,the County may request that another reasonable valuation method be used including, but not limited to,accelerated depreciation, comparable sales, or established market values. In determining whether to approve such a request,the Department may consider any action taken, omission made,or unfortunate occurrence suffered by the County with respect to the preservation of Project property withdrawn from appropriate use. Financial Obligation'to,thge Eq_d@[al tate Government: The County agrees to remit to the Department the Federal and State interest in the fair market value of any Project property prematurely withdrawn from appropriate use. In turn,the Department shall be responsible to remit the Federal interest to FHWA, In the case of fire,casualty,or natural disaster,the County may fulfill its obligations to remit the Federal and State interest by either° M Investing an amount equal to the remaining Federal and State interest in like-kind property that is eligible for assistance within the scope of the Project that provided Federal/State assistance for the Project property prematurely withdrawn from use;or, 0 Returning to the Department an amount equal to the remaining Federal and State interest in the withdrawn Project property. Agreement ID#5119 9 INSURANCE PROCEEDS If the County receives insurance proceeds as a result of damage or destruction to the Project property,the County agrees to: 0 Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project property taken out of service;or, 0 Return to the Department an amount equal to the remaining Federal and State interest in the damaged or destroyed Project property. IO.CLOSE-OUT Upon completion of the Project, the County shall be responsible for the following; 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. The County agrees that Project closeout by the Department will not change the County's property management responsibilities and may be set forth in subsequent Federal and State laws, regulations, and directives,except to the extent the Department determines otherwise in writing, 11.REIMBURSEMENT SCOPE OF REIMBURSEMENT Activities eligible for funding reimbursement for this Project shall include: a Purchase of 28', 22-passenger diesel-powered transit vehicle REIMBURSEMENT GUIDANCE The County shall adhere to applicable administrative requirements of Title 2 Code of Federal Regulations, Part 200 (www,ftiwa.dot.ggy/legsregs/d_irg gtives/L apg t_og,htm)"Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards." Reimbursement to the County shall be subject to the policies and procedures contained in Title 23 Code of Federal Regulations, Part 140 and Part 172,which is being incorporated into this Agreement ID#6119 10 Agreement by reference at M",fhwa,dgt,ggv/1!2gsLegs/direotives/fapcitoc.htm. Reimbursement to the County shall be subject to the guidance contained in Title 2 Code of Federal Regulations, Part 170 i(hillp://edooket.access.gpo.gov/201 01 pdf/201 Q-227Q5.Rdf)and Office of Management and Budget(OMB) "Federal Funding Accountability and Transparency Acf'(FFATA). 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 funding per this Agreement and any Supplemental Agreements. ■ 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 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 $164,129 available to the County under this Agreement, The Department will bill the County for the non-federal match of any costs that the Department incurs on the Project and for any costs that exceed the Total Estimated Cost, 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 Agreement ID#6119 11 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. Along with each invoice, the County is responsible for submitting the FFATA SLIbrecipient Information Form,which is available at htt sWconnect.ncdot. ov/tnunicir)alike s/Fvnding/Pa g@,s/defaLlit.aspx, • 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 may invoice the Department monthly for work accomplished, but no less than 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, 12.REPORTING REQUIREMENTS AND RECORDS RETENTION PROJECT EVALUATION REPORTS The County is responsible for submitting quarterly 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 Agreement ID#6119 12 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,for inspection and audit by the Department's Financial Management Section, the Federal Highway Administration, or any authorized representatives of the Federal Government. 13.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. 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 Agency or Department 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. TITLE VI-CIVIL RIGHTS ACT OF 1964 The County shall comply with Title VI of the Civil Rights Act of 1964, (Title 49 CFR, Subtitle A, Part 21). Title VI prohibits discrimination on the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance. Agreement ID#6119 13 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 Congestion Mitigation and Air Quality 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 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,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%)of all costs expended by the Department and associated with the Project. AUDITS In accordance with OMB Circular A-133, "Audits of States, Local governments and Non-Profit Organizations" (htt .0/www,whitehouse, q Q v/omblcirculars default]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 Agreement ID#6119 14 payment penalty and interest shall be charged on any unpaid balance due in accordance with NCGS 147-86.23. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties and there are no understandings or agreements,verbal or otherwise, regarding this Agreement except as expressly set forth herein. AUTHORIZATION TO EXECUTE The parties hereby acknowledge that the individual executing the Agreement on their behalf is authorized to execute this Agreement on their behalf and to bind the respective entities to the terms contained herein and that he has read this Agreement,conferred with his attorney, and fully understands its contents. FACSIMILE SIGNATURES A copy or facsimile copy of the signature of any party shall be deemed an original with each fully executed copy of the Agreement as binding as an original, and the parties agree that this Agreement can be executed in Counterparts, as duplicate originals,with facsimile signatures sufficient to evidence an agreement to be bound by the terms of the Agreement. GIFT BAN By Executive Order 24, issued by Governor Perdue, and NCGS 133-32, it is unlawful for any vendor or contractor((e. architect, bidder, contractor, construction manager, 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). 14.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, Agreement ID#6119 16 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#6119 16 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.. L.E.ATTEST: ORANGE COUNTY BY BY: TITLE: Hn TITLE: DATE: M r NCGS 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the Mate, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest,for your entire organization and its employees or agents,that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization, This Agreement has been pre-audited in the manner require y the L cal Gov n ent Budget and Fiscal Contr ct, ,too 0 (FINrax E OFFICER) Federal Iden tification Number Orange County Remittance Address: DEPARTN E TR SPORT ION BY: (CHIEF ENGINES ) DATE: ° APPROVED BY BOARD OF TRAN$PORTATION ITEM O: � �"� %� (gate) Agreement ID#6119 17