HomeMy WebLinkAbout2020-388-E Planning-Revised interlocal agreement for Rogers Road sewer
Page 1 of 10
NORTH CAROLINA
ORANGE COUNTY
REVISED INTERLOCAL AGREEMENT BETWEEN AND AMONG ORANGE COUNTY
AND THE TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE
REIMBURSEMENT OF COSTS FOR INSTALLATION OF PRIVATE SEWER
SERVICE LATERAL CONNECTIONS FOR LOW-TO-MODERATE INCOME
HOMEOWNERS OF HERITAGE LOTS WITH EXISTING DWELLINGS IN THE
ROGERS ROAD SEWER PROJECT AREA
THIS REVISED AGREEMENT, made and entered into this ___ day of ________, 2020
between and among the Towns of Carrboro and Chapel Hill, both North Carolina
municipal corporations (hereinafter jointly referred to as the “Towns”), and Orange
County, a political subdivision of the State of North Carolina (hereinafter referred to as
the “County”), for reimbursement to the County by the Towns for the County’s
expenditures for the installation of private sewer service lateral connections for low-to-
moderate income homeowners of Heritage Lots with existing dwellings in the Rogers
Road Sewer Project Area (hereinafter referred to as “LMI Heritage Lot Households”).
County and Towns may be referred to collectively as the “Parties”. This Agreement
supersedes and replaces the Interlocal Agreement between the Parties entered into as
of July 1, 2019.
WITNESSETH
WHEREAS, the Parties entered into an Interlocal Agreement on July 1, 2019,
hereinafter referred to as the “Original Agreement”; and
WHEREAS, the Parties have determined that it is necessary to enter into a new and
revised agreement to replace and supersede the Original Agreement; and
WHEREAS, the County and Towns are public bodies, politic and/or corporate, under
the laws of the State of North Carolina and are vested with the power and authority by
Article 20 of North Carolina General Statute Chapter 160A to enter into this Interlocal
Agreement (hereinafter referred to as the “Agreement”); and
WHEREAS, the Historic Rogers Road Neighborhood Task Force Report (dated
September 13, 2013) identified 86 parcels in the Rogers Road Sewer Project Area as
Heritage Lots, as defined and shown in exhibits therein; and
WHEREAS, representatives of the County and Towns have previously agreed in
principle that the total number of Heritage Lots in the Rogers Road Sewer Project Area
has been reduced from 86 Heritage Lots to 84 Heritage Lots, due to lot configuration
and engineering feasibility corrections that were completed subsequent to the release of
the Historic Rogers Road Neighborhood Task Force Report; and
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
June4
Page 2 of 10
WHEREAS, representatives of the County and Towns have previously agreed in
principle that 65 of the 84 Heritage Lots in the Rogers Road Sewer Project Area had
existing dwellings located on the respective Heritage Lot parcels concurrent with the
release date of the Historic Rogers Road Neighborhood Task Force Report (based on
the evaluation of March 2013 aerial imagery), and have identified the 65 Heritage Lots
with existing dwellings; and
WHEREAS, the 65 Heritage Lots in the Rogers Road Sewer Project Area with existing
dwelling units may have household income levels at or below 80% of the area median
income as defined by U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, representatives of the County and Towns have previously agreed in
principle to jointly fund the installation of private sewer service lateral connections for
the 65 Heritage Lots with existing dwellings and with household income levels at or
below 80% of the area median income (LMI Heritage Lot Households) to the public
sewer system under construction; and
WHEREAS, as defined in the following schedule, the timeline for joint funding coverage
will begin after the execution of this Agreement by all Parties and upon the County’s
receipt of a valid dated application from the LMI Heritage Lot Household: Year 1 and
Year 2 (100% cost coverage); Year 3 (50% cost coverage); Year 4 and beyond (0%
cost coverage); and
WHEREAS, representatives of the County and Towns have previously agreed in
principle that the County will solicit competitive bids from licensed local plumbing
contractors, and will select the lowest responsive and responsible bidder for the
installation of private sewer service lateral connections for LMI Heritage Lot
Households; and
WHEREAS, the County has pre-allocated $220,000 for the installation of private sewer
service lateral connections for LMI Heritage Lot Households wishing to connect, to be
reimbursed by the Towns, in part, in accordance with this Agreement; and
WHEREAS, the County’s expenditures for the installation of private sewer service
lateral connections for LMI Heritage Lot Households will include the cost of installation
by the lowest responsive and responsible bidder of the private sewer service lateral and
associated appurtenances (i.e. from the existing sewer service stub-out at the property
line to the household to be served), the cost of disconnecting and abandoning the
existing septic system per County standards, the Orange Water and Sewer Authority
(OWASA) sewer system development fee, and all other applicable fees; and
WHEREAS, the total number of LMI Heritage Lot Households wishing to connect within
the specified three-year period for joint funding (i.e. Year 1, Year 2, Year 3) and the
exact cost for each LMI Heritage Lot Household wishing to connect are unknown at this
time due to the variable sizes of the dwellings to be served, the variable distances
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
Page 3 of 10
between the dwellings and the public sewer service stub-outs, and other specific
characteristics of each lot; and
WHEREAS, representatives of the County and Towns have previously agreed in
principle on an educated estimate of ten (10) LMI Heritage Lot Households wishing to
connect within Town of Carrboro jurisdictional areas within the specified three-year
period for joint funding (i.e. Year 1, Year 2, Year 3) and on an educated estimate of
fifteen (15) LMI Heritage Lot Households wishing to connect within Town of Chapel Hill
jurisdictional areas within the specified three-year period for joint funding (i.e. Year 1,
Year 2, Year 3); and
WHEREAS, representatives of the County and Towns have previously agreed in
principle that each LMI Heritage Lot Household wishing to connect within Year 1 and
Year 2 following the execution of this Agreement will have an estimated 100% coverage
joint funding cost of approximately $8,800 per LMI Heritage Lot Household; and
WHEREAS, representatives of the County and Towns have previously agreed in
principle that each LMI Heritage Lot Household wishing to connect within Year 3
following the execution of this Agreement will have an estimated 50% coverage joint
funding cost of approximately $4,400 per LMI Heritage Lot Household; and
WHEREAS, the County and Towns desire to formally establish the terms of the Towns’
reimbursements to the County for the installation of private sewer service lateral
connections for LMI Heritage Lot Households connections.
NOW, THERFORE, in consideration of the foregoing and based on mutual promises
and obligations set forth herein, the receipt and sufficiency of which is hereby
acknowledged, the County and Towns agree as follows:
1. TERM AND TERMINATION
a. This Agreement shall commence upon execution by all Parties and shall
continue until all reimbursements are paid in full with such payment in full
occurring no later than June 30, 2023.
b. The Original Agreement is hereby superseded and replaced by this
Agreement.
c. The Town of Carrboro shall provide payment to the County up to 14% of the
current total project estimate, or $30,800, whichever is less, plus any
financing costs (up to 3 percent annually) incurred by the County for the
installation of LMI Heritage Lot Household sewer connections within the
Town of Carrboro’s jurisdiction unless mutually agreed by both the Town of
Carrboro and the County. These payments are for the installation of up to ten
(10) LMI Heritage Lot Household sewer connections within the Town of
Carrboro’s jurisdiction. The Town of Carrboro shall, within thirty (30) days of
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
Page 4 of 10
receipt of a County generated invoice, reimburse the County for the Town of
Carrboro’s respective share of the total principal and interest associated with
the installation of LMI Heritage Lot Household sewer connections within the
Town of Carrboro’s jurisdiction.
d. The Town of Chapel Hill shall provide payment to the County of up to 43% of
the current total project estimate, or $94,600, whichever is less, plus any
financing costs (up to 3 percent annually) incurred by the County for the
installation of LMI Heritage Lot Household sewer connections within the
Town of Chapel Hill’s jurisdiction unless mutually agreed by both the Town of
Chapel Hill and the County. These payments are for the installation of up to
fifteen (15) LMI Heritage Lot Household sewer connections within the Town
of Chapel Hill’s jurisdiction. The Town of Chapel Hill shall, within thirty (30)
days of receipt of a County generated invoice, reimburse the County for the
Town of Chapel Hill’s respective share of the total principal and interest
associated with the installation of LMI Heritage Lot Household sewer
connections within the Town of Chapel Hill’s jurisdiction.
e. If overall participation by LMI Heritage Lot Households exceeds the $220,000
pre-allocated by the County, the County will request additional funds and this
Agreement will be amended so as to adjust Sections 1-4 accordingly, subject
to funding availability and approval by governing boards of the Parties.
f. This Agreement may be renewed or amended upon written agreement of the
Parties.
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
Page 5 of 10
2. TOTAL COSTS
Item Carrboro
Cost
Chapel Hill
Cost County Cost Total Cost
Carrboro Lots
(10 LMI
Heritage Lot
Household
connections
within Carrboro
jurisdiction)
$30,800 $0 $57,200 $88,000
Chapel Hill Lots
(15 LMI
Heritage Lot
Household
connections
within
Chapel Hill
jurisdiction)
$0 $94,600 $37,400 $132,000
TOTALS $30,800
(14% of total)
$94,600
(43% of total)
$94,600
(43% of total)
$220,000
(100%)
3. RESPONSIBILITIES OF TOWNS
a. As provided in Section 1c above, the Town of Carrboro is responsible for up
to 14% of the current total project estimate, or $30,800, whichever is less.
The Town of Carrboro shall, within thirty (30) days of receipt of a County
generated invoice, reimburse the County for the Town of Carrboro’s
respective share of the total principal and interest associated with the
installation of LMI Heritage Lot Household sewer connections within the
Town of Carrboro’s jurisdiction.
b. As provided in Section 1d above, the Town of Chapel Hill is responsible for
up to 43% of the current total project estimate, or $94,600, whichever is less.
The Town of Chapel Hill shall, within thirty (30) days of receipt of a County
generated invoice, reimburse the County for the Town of Chapel Hill’s
respective share of the total principal and interest associated with the
installation of LMI Heritage Lot Household sewer connections within the
Town of Chapel Hill’s jurisdiction.
c. The Town of Chapel Hill’s funding contribution shall be used for the benefit of
low and moderate income residents, as defined by HUD, residing within the
Town of Chapel Hill’s Extraterritorial Jurisdiction (ETJ).
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
Page 6 of 10
d. The Towns shall pay their full agreed upon obligation as set out in this
Section 3 within thirty (30) days of receipt of the County’s invoice.
e. The Towns shall have no further obligation for the cost of maintenance or
repair of the private sewer laterals installed with the assistance of their
funding, it being agreed by the Parties that the private sewer laterals and all
associated work pursuant to this agreement shall upon completion belong to
and be the responsibility of the private resident/homeowners.
4. RESPONSIBILITIES OF COUNTY
a. The County shall issue an informal request for proposals (RFP) so as to
solicit competitive bids from licensed local plumbing contractors for the
installation of private sewer service lateral connections for LMI Heritage Lot
Households. The County will formally award the private sewer service
lateral connection installation work for LMI Heritage Lot Households to the
lowest responsive and responsible bidder.
b. Contracts for the installation of the private sewer lateral connections and
associated work shall clearly state that neither the County nor the Towns
shall have any financial responsibility or liability beyond providing the
financial assistance and arranging for payment to the contracted plumbers
(other than any permitting or inspections responsibilities they may have in
their governmental capacities). Said contracts shall provide that the
contracting plumbers shall indemnify and hold harmless the Parties for any
and all claims arising out of the contracting plumbers’ work for the LMI
Heritage Lot Households.
c. The County is responsible for up to 43% of the current total project estimate
as shown in Section 2 above, or $94,600 whichever is less.
d. The County shall invoice the Towns for the specified reimbursement amounts
and/or percentages as shown in Section 3. This invoice will be in the form of
a single invoice upon the conclusion of the services contemplated in Section
1 and Section 2 within the respective jurisdiction of each Town and said
invoice shall be accompanied by a written statement indicating those services
have concluded.
5. THIRD PARTY RIGHTS
Nothing in this Agreement is intended to create, grant, or convey rights in or to any
third party. Nothing herein is enforceable by any third party and the rights of the
parties hereto to terminate or amend this Agreement are not subject to the consent
of any third party.
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
Page 7 of 10
6. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the Parties hereto and is
effective the date first above recorded.
[Signature Page to Follow]
Including pre-audit certificates for all Parties.
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
Page 8 of 10
REVISED INTERLOCAL AGREEMENT BETWEEN AND AMONG ORANGE COUNTY
AND THE TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE
REIMBURSEMENT OF COSTS FOR INSTALLATION OF PRIVATE SEWER
SERVICE LATERAL CONNECTIONS FOR LOW-TO-MODERATE INCOME
HOMEOWNERS OF HERITAGE LOTS WITH EXISTING DWELLINGS IN THE
ROGERS ROAD SEWER PROJECT AREA
In witness whereof, the Parties, by and through their authorized agents, have hereunder
set their hands and seals as of the day and year first above written.
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act.
______________________ ______________________
Manager, Orange County Finance Director, Orange County
ATTEST
By: ____________________
Clerk
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
Page 9 of 10
REVISED INTERLOCAL AGREEMENT BETWEEN AND AMONG ORANGE COUNTY
AND THE TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE
REIMBURSEMENT OF COSTS FOR INSTALLATION OF PRIVATE SEWER
SERVICE LATERAL CONNECTIONS FOR LOW-TO-MODERATE INCOME
HOMEOWNERS OF HERITAGE LOTS WITH EXISTING DWELLINGS IN THE
ROGERS ROAD SEWER PROJECT AREA
In witness whereof, the Parties, by and through their authorized agents, have hereunder
set their hands and seals as of the day and year first above written.
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act.
______________________ ______________________
Manager, Town of Carrboro Finance Director, Town of Carrboro
ATTEST
By:______________________
Clerk
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
Page 10 of 10
REVISED INTERLOCAL AGREEMENT BETWEEN AND AMONG ORANGE COUNTY
AND THE TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE
REIMBURSEMENT OF COSTS FOR INSTALLATION OF PRIVATE SEWER
SERVICE LATERAL CONNECTIONS FOR LOW-TO-MODERATE INCOME
HOMEOWNERS OF HERITAGE LOTS WITH EXISTING DWELLINGS IN THE
ROGERS ROAD SEWER PROJECT AREA
In witness whereof, the Parties, by and through their authorized agents, have hereunder
set their hands and seals as of the day and year first above written.
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act.
______________________ ______________________
Manager, Town of Chapel Hill Finance Director, Town of Chapel Hill
ATTEST
By:______________________
Clerk
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
Revised 11/19
ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________
Party/Vendor Name: Town of Carrboro, Town of Chapel Hill, and Orange County Party/Vendor Contact Person:
Christopher J. Sandt, P.E. Contact Phone: 919-245-2583 Party/Vendor Address: 131 W. Margaret Lane (P.O. Box
8181) City: Hillsborough State: NC Zip: 27278 Department: Planning Amount: $220,000 (Orange County)
Purpose: REVISED INTERLOCAL AGREEMENT BETWEEN AND AMON G ORANGE COUNTY AND THE
TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE REIMBURSEMENT OF COSTS FOR
INSTALLATION OF PRIVATE SEWER SERVICE LATERAL CONNECTIONS FOR LOW -TO-MODERATE
INCOME HOMEOWNERS OF HERITAGE LOTS WITH EXISTING DWELLINGS IN THE ROGERS ROAD
SEWER PROJECT AREA. Budget Code(s): 61370035-880020-10054 (LMI Plumbing Connections) Vendor # N/A
(N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal
Amendment Effective Date TBD based on DocuSign Signature Completions Approved by Board Yes
No Agenda Date: January 21, 2020
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on
this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: 384CD59B-6E10-4B9C-BA6B-376259C3B5A6
5/28/2020
5/28/2020
5/29/2020
5/29/2020