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Home My WebLink AboutAgenda - 09-05-2023; 8-n - Orange County Sidewalk Maintenance Agreement 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2023 Action Agenda Item No. 8-n SUBJECT: Orange County Sidewalk Maintenance Agreement DEPARTMENT: Orange County Transportation Services (OCTS) ATTACHMENT(S): INFORMATION CONTACT: 1. Sidewalk Maintenance Agreement Nishith Trivedi, Transportation Director, 2. STIP B-6037 919-245-2007 PURPOSE: To approve a sidewalk maintenance agreement with the North Carolina Department of Transportation (NCDOT). BACKGROUND: The North Carolina Department of Transportation (NCDOT) Division 7 is beginning the project development, environmental, and engineering studies for State Transportation Improvement Program (STIP) Project Number B-6037, Replacement of Bridge No. 670049 on NC 86 over Norfolk Southern Railroad in Orange County. The project is included in NCDOT's 2020-2029 STIP and is currently scheduled for right of way and construction in Fiscal Years 2024 and 2025, respectively. Attachment 2 includes mapping showing the vicinity and study area maps for the proposed project. NCDOT has agreed to fund and construct sidewalks on both sides of the new bridge and additional sidewalk to the north of the bridge, connecting it to the existing sidewalks at Home Depot and the future ALDI. In order to accomplish this, the NCDOT has requested a standards sidewalk maintenance agreement with the County for future maintenance. Staff updated the standard agreement through the County's Attorney's Office and Asset Management Services, in context of the current project. The proposed agreement is provided at Attachment 1. Sidewalk maintenance agreements like these have been in place for almost a decade, with counties like Durham, Jackson and Pender paying little to nothing for their maintenance. OCTS seeks this sidewalk maintenance agreement as a means of implementing the County's Complete Street and Vision Zero Policies, and support the State's efforts to do the same. STIP B-6037 (Attachment 2) notes the State's investment in the County, including the sidewalks on the bridge connected to the existing network to the north. This Sidewalk Maintenance Agreement is temporary as stipulated in section 7: County Maintenance is temporary. Maintenance transfers to Town of Hillsborough upon parcel's annexation into town. It is also project specific as described in Attachment 2. 2 FINANCIAL IMPACT: Sidewalk maintenance is minimal. OCTS will fund any maintenance as approved and conducted by County's Asset Management Services as part of the County's facility maintenance practice. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impact is applicable to this item: • ENERGY EFFICIENCY AND WASTE REDUCTION Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption; 3) increase the use of recycled and renewable resources; and 4) minimize waste stream. • CLEAN OR AVOIDED TRANSPORTATION Implement programs that monitor and improve local and regional air quality by: 1) promoting public transportation options; 2) decreasing dependence on single- occupancy vehicles, and 3) otherwise minimizing the need for travel. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the County Manager to execute the Sidewalk Maintenance Agreement, subject to final review by the County Attorney, and any subsequent amendments for contingent and unforeseen requirements on behalf of the Board. 3 Attachment 1 NORTH CAROLINA SIDEWALK MAINTENANCE AGREEMENT DATE: NORTH CAROLINA TRANSPORTATION OF TRANSPORTATION AND WBS Element: ORANGE COUNTY CFDA: 20.205 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, a municipal corporation, hereinafter referred to as the "Municipality". WITNESSETH: WHEREAS, the Department has plans to make certain sidewalk improvements under WBS #48404.1.1 (TIP# B-6037) in Orange County and, WHEREAS, the Department and the Municipality have approved the construction of the Project with responsibilities for the Project as hereinafter set out. WHEREAS, the Municipality has agreed to participate in the maintenance of the sidewalks subject to the conditions hereinafter set forth; 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: SCOPE OF THE PROJECT 1. TIP# B-6037 proposes to replace Bridge No. 670049 on NC 86 over the Norfolk Southern Railroad in Orange County. 2. The proposed sidewalk portion of the project within the jurisdiction of Orange County consists of approximately 650' of sidewalk on the west side of NC 86 from Bridge No. 670049 north to the existing Home Depot property (PIN 9873680800). It also consists of approximately 400' of sidewalk on the east side of NC 86 from Bridge No. 670049 north to intersection of NC 86 and Old NC 10 (SR 1710). A total of 1,050' of sidewalk is proposed to be maintained by the County currently in County jurisdiction. 4 PLANNING, RIGHT OF WAY AND UTILITIES 2. The Department shall develop the plans and specifications in accordance with the Department's standard policies and procedures for pedestrian facilities. 3. All work shall be performed within the existing right of way and in accordance with Departmental standards, policies and procedures. 4. The Department does not anticipate the need to relocate and adjust any municipally-owned utilities at this time. If during the project it becomes necessary to adjust and relocate the municipally-owned utilities, the Municipality, at no expense to the Department, shall be responsible for the relocation and adjustment of all utilities in conflict with the Project. CONSTRUCTION AND MAINTENANCE 5. The Department shall construct the Project in accordance with the Project plans and with Departmental policies and procedures. The Department, and/or its agent, shall administer the contract for construction of the Project. 6. The County, at its own expense, shall be responsible for all liability and maintenance responsibilities for the sidewalk upon completion of Project. This accounts for the following parcels in County jurisdiction and within state owned right-of-way 1. PIN 9873687308, accounts for approximately 400' of sidewalk along NC 86 2. PIN 9873683437, accounts for approximately 240' of sidewalk along NC 86 3. PIN 9873684399, accounts for approximately 400' of sidewalk along NC 86 4. PIN 9873684235, accounts for approximately 10' of sidewalk along NC 86 7. County Maintenance is temporary. Maintenance transfers to Town of Hillsborough upon parcel's annexation into town. ADDITIONAL PROVISIONS 8. To the extent authorized by state statutes, each party shall be responsible for its respective actions under the terms of this agreement and save harmless the other party from any claims arising as a result of such actions. 9. By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133-32, it is unlawful for any vendor or contractor( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give Agreement ID# 2 5 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). 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 Municipality by authority duly given. L.S. ATTEST: BY: BY: TITLE: TITLE: DATE: N.C.G.S. § 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 State, 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. Approved by the -as attested to by the signature of Clerk of the (governing body) on This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. (SEAL) (FINANCE OFFICER) Federal Tax Identification Number Remittance Address: DEPARTMENT OF TRANSPORTATION BY: (CHIEF ENGINEER) Agreement ID# 3 6 DATE: APPROVED BY BOARD OF TRANSPORTATION ITEM O: (DATE) Agreement ID # 4 DocuSign Envelope ID:779FDF61-8139-4E11-ACFD-7DAFDEA5CFCE 7 STATE STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GovERNOR SECRETARY MEMO TO: Whom it May Concern FROM: Brian Ketner,PE Division 7 Project Engineer DATE: 8/12/2022 SUBJECT: Project: WBS #48404.1.1 (TIP#B-6037)Orange County F.A. Number: NHPB-0086(022) Project Description: Replace Bridge No. 670049 on NC 86 over Norfolk Southern Railroad in Orange County,NC The North Carolina Department of Transportation (NCDOT) Division 7 is beginning the project development, environmental, and engineering studies for State Transportation Improvement Program (STIP) Project Number B-6037, Replacement of Bridge No. 670049 on NC 86 over Norfolk Southern Railroad in Orange County, NC. The project is included in NCDOT's 2020-2029 STIP and is currently scheduled for right of way and construction in Fiscal Years 2024 and 2025, respectively. The attached figures show the vicinity and study area maps for the proposed project. NCDOT staff or their consultants may be contacting you to request project-specific information. While we do not expect a response to this notification, we welcome your input if you have time-sensitive concerns. Your input will be used in the development of a Categorical Exclusion prepared pursuant to the National Environmental Policy Act. We would appreciate any information that may be helpful in evaluating the potential environmental effects of the proposed project, as well as recommended alternatives to be considered. If you have any questions concerning the project, please contact Brian Ketner at (336) 487-0075 or by email at bkketner@ncdot.gov, or MI Engineering's Project Manager Byron Atkinson at (919) 851-6606 or by email at batkinson@mi-engineers.com. Please include STIP Project Number B-6037 in all correspondence and comments. Sincerely, DocuSigdyyby�� E 'Llar� /�Gtf7.GL B0536ne24CFE73462... Brian K. Ketner,P.E. Project Engineer NCDOT Division 7 BKK/BEA Attachments (Vicinity and Study Area Maps) Mailing Address: Telephone:(336)487-0000 Location: NC DEPARTMENT OF TRANSPORTATION Fax:(336)334-3637 1584 YANCEYVILLE STREET DIVISION 7 OFFICE Customer Service: 1-877-368-4968 GREENSBORO,NC 27415-4996 PO BOX 14996 GREENSBORO,NC 27415-4996 Website:www.ncdot.gov 8 DocuSip EnvE4®pe ID: FDF6t-5139-4El'-ACFD-?DAFCEA5CFcq aJ HILLSBOROUGH �f JO &It, NCDOT Built Sidewalk Area � Ol the to �r C �0 WO a r ry Walter Clark Dr,,w (SR 2206) Byi-ds-•ri`Ilo R'rl (SR 2413) Study:moi u._-1 Railroad N Project Vicinity Map N D07 STIP Prroj+e,}c�Yt,No. B-6037 :1. 7X RV�1 U`AI M5h 5+•UYI J4'14N BridgeNo.67DD49 on NC 66 ove- Norfolk Southern Railroad 1,20D - Grange County Orange County,AJC Feat NC Counties August2022 a ry A r yy M - . t L 4 + : 85 Ig l p{s z 41 pa r • r to y � e i M rte} � ,xy1 Lp roject Aerial Map D '�� IMMw m STIP Project No. B-6037 ,A Bridget*YAIqtImiNi E*tk"mpvk#AiYjIw ON ! on Norfolk - 86 Railroad OrangeCounty,