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HomeMy WebLinkAboutOTHER-2024-026-NCDOT Administered-Fast transit priority study I � Attachment 1 ACCOUNTS RECEIVABLE NCDOT ADMINISTERED — FAST TRANSIT PRIORITY STUDY 1000019673 i AGREEMENT OVERVIEW NORTH CAROLINA ORANGE COUNTY DATE : 2/28/2024 PARTIES TO THE AGREEMENT : PROJECT NUMBERS : i NORTH CAROLINA DEPARTMENT WBS ELEMENTS : 36230 . 34 . 2 . 1 OF TRANSPORTATION j I; AND ORANGE COUNTY i The purpose of this Agreement is to identify the participation in project costs , project delivery and/or maintenance , by the other party to this Agreement , as further defined in this Agreement . SCOPE OF PROJECT ( " Project" ) : The primary objectives of this study include creating a vision and brand for multimodal transportation in the Triangle Region and developing an actionable plan , including specific funding/project recommendations for the accelerated implementation of Freeway , Arterial , Street , and Tactical ( FAST) transit priority infrastructure along existing roadways and/or in ongoing , upcoming , or potential roadway projects . ESTIMATED COST OF THE PROJECT : $ 855 , 000 COSTS TO OTHER PARTY : $ 105 , 000 ` PAYMENT TERMS : Orange County will submit payment upon execution of agreement . MAINTENANCE : No maintenance responsibilities at this time 4 F EFFECTIVE DATES OF AGREEMENT : START : Upon Full Execution of this Agreement END : When work is complete and all terms are met . r 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 ; and collectively referred to as the Parties . The Parties to this Agreement , listed above , intend that this Agreement , together with all attachments , schedules , exhibits , and other documents that both are referenced in this Agreement and refer to this Agreement , represents the entire understanding between the Parties with respect to its subject matter and supersedes any previous communication or agreements L; that may exist . is i i is ACCOUNTS RECEIVABLE NCDOT ADMINISTERED - FAST TRANSIT PRIORITY STUDY 1000019673 I . WHEREAS STATEMENTS 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 . 2 and 136 - 66 . 3 , Section 160A-296 and 297 , and Section 136 - 18 , to participate in the planning , construction and /or implementation of the Project approved by the Board of Transportation ; and , WHEREAS , the proposed Freeway And Street- based Transit ( FAST) network concept has been approved to more forward to the next phase of development with funding from the FAST 2 . 0 partners ; and WHEREAS , the Department has coordinated with participating businesses , counties , and municipalities to leverage funding ; and , WHEREAS , the County has agreed to participate in the cost of the project as hereinafter set out ; and , 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 : II . RESPONSIBILITIES A . THE DEPARTMENT WILL i . Procure a consultant to develop the study and administer the contract and associated funding . ii . Convene stakeholders to address challenges of coordination , building consensus , and forming a shared regional vision among multiple partners . B . THE COUNTY SHALL i . Actively participate in critical study decisions , help to build consensus on strategies and recommendations , and provide review of deliverables . ii . Participate in funding as shown in the COSTS AND FUNDING Provision . III . PROJECT DELIVERY REQUIREMENTS A . PROJECT DOCUMENTS / DELIVERABLES i . The Department anticipates the following Project Deliverables . Said list may be amended at the request of the Project committee : 2 ACCOUNTS RECEIVABLE NCDOT ADMINISTERED - FAST TRANSIT PRIORITY STUDY 1000019673 1 . Project Management Plan 2 . Community Engagement 3 . Information Gathering and Review of Existing Conditions 4 . Vision and brand for multimodal transportation in the Triangle Region 5 . Actionable materials for planners and other transit and transportation professionals 6 . Accessible marketingmaterials for the public to gain understanding and support for p g � FAST transit network , particularly along SMART freeway and arterial corridors 7 . Feasibility analyses and high - level design concepts for certain corridors . i 8 . Technical Memo with Project List and Prioritization Comparison 9 . Implementation Plan with Cost Estimates and Funding Plan [ is All documents , including digital files , will become the property of the Department . Any and all original graphics , technical drawings , photographs , maps , GIS files , and promotional items produced for the plan or for any public meetings shall be available for use by the Department in other publications , on the Department website and for display purposes . The Department shall be credited for its participation in all documents , publicity , announcements , and materials prepared for/by the County for public meetings . I I iii . The County shall receive digital files and hard copies of the approved Study . The County shall be responsible for the distribution of the final documents to the appropriate local E agencies and interested parties . i I; B . TIMEFRAMES It is important that the County provide necessary support and responses to the Department in a timely manner . Any delays on the part of the County may affect the ability of the I' r Department to provide financial support for the Project . IV . COSTS AND FUNDING A . PROJECT COSTS The estimated cost of the Project is $ 855 , 000 . The County shall participate in project costs up to a maximum of $ 105 , 000 . The Department is responsible for all costs that exceed $ 855 , 000 . If the costs are less than $ 855 , 000 , the Department will return any overpayment based on the County ' s percentage contribution to the total project cost . c; 3 i ACCOUNTS RECEIVABLE NCDOT ADMINISTERED - FAST TRANSIT PRIORITY STUDY 1000019673 B . DOWNPAYMENT Based on the estimated cost of $ 105 , 000 the County shall submit a payment for $ 105 , 000 to the Department' s Fiscal Section upon full execution of this Agreement , per the guidance in the attached cover page . V . STANDARD PROVISIONS A . AGREEMENT MODIFICATIONS Any modification to scope , funding , responsibilities , or time frame will be agreed upon by all Parties by means of a written Supplemental Agreement . B . ASSIGNMENT OF RESPONSIBILITIES The Department must approve any assignment or transfer of the responsibilities of the County set forth in this Agreement to other parties or entities . C . AGREEMENT FOR IDENTIFIED PARTIES ONLY This Agreement is solely for the benefit of the identified Parties to the Agreement and is not intended to give any rights , claims , or benefits to third parties or to the public at large . D . OTHER AGREEMENTS The County is solely responsible for all agreements , contracts , and work orders entered into or issued by the County to meet the terms of this Agreement . The Department is not responsible for any expenses or obligations incurred for the terms of this Agreement except those specifically eligible for the funds and obligations as approved by the Department under the terms of this Agreement . E . TITLE VI The other party to this Agreement shall comply with Title VI of the Civil Rights Act of 1964 (Title 49 CFR , Subtitle A , Part 21 ) and related nondiscrimination authorities . Title VI and related authorities prohibit discrimination on the basis of race , color, national origin , disability , gender, and age in all programs or activities of any recipient of Federal assistance . F . FACSIMILE 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 . G . AUTHORIZATION TO EXECUTE 4 ACCOUNTS RECEIVABLE NCDOT ADMINISTERED - FAST TRANSIT PRIORITY STUDY 1000019673 The Parties hereby acknowledge that the individual executing this Agreement has read this Agreement , conferred with legal counsel , fully understands its contents , and is authorized to execute this Agreement and to bind the respective Parties to the terms contained herein . H . 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 . I . INDEMNIFICATION To the extent authorized by state and federal claims statutes , the County shall be responsible for its actions under the terms of this agreement and save harmless the FHWA ( if applicable ) , j the Department , and the State of North Carolina , their respective officers , directors , principals , employees , agents , successors , and assigns from and against any and all claim for payment , damages and /or liabilities of any nature , asserted against the Department in connection with this Agreement . The Department shall not be liable and shall be held harmless from any and all third - party claims that might arise on account of the County ' s negligence and/or responsibilities under the terms of this agreement . J . 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 . K . DOCUSIGN i The Department and the County acknowledge and agree that the electronic signature application DocuSign may be used , at the sole election of the Department or the County , to execute this Agreement . By selecting " I Agree" , " I Accept" , or other similar item , button , or icon via use of a keypad , mouse , or other device , as part of the DocuSign application , the Department and the County consent to be legally bound by the terms and conditions of Agreement and that such act constitutes the Department' s signature as if actually signed by the Department in writing or the County ' s signature as if actually signed by the County in writing . The Department and the County also agree that no certification authority or other third - party verification is necessary to validate its electronic signature and that the lack of such certification or third - party verification will not in any way affect the enforceability of its electronic signature . The Department and the County acknowledge and agree that delivery of a copy of this Agreement or any other document contemplated hereby through the 5 ACCOUNTS RECEIVABLE NCDOT ADIYIINISTERED - FAST TRANSIT PRIORITY STUDY 1000019673 DocuSign application , will have the same effect as physical delivery of the paper document bearing an original written signature . L . 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 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 , Adult Corrections , Commerce , Environmental Quality , Health and Human Services , Information Technology , Military and Veterans Affairs , Natural and Cultural Resources , Public Safety , Revenue , Transportation , and the Office of the Governor) . 6 ACCOUNTS RECEIVABLE NCDOT ADMINISTERED - FAST TRANSIT PRIORITY STUDY 1000019673 SIGNATURE PAGE IN WITNESS WHEREOF , this Agreement has been executed the day and year heretofore set out , on the part of the Department and the County by authority duly given . ( DOCUSIGN ONLY) Authorized Signer : Print Name : Title : Date Signed : If applicable , this Agreement has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act : ORANGE COUNTY FED TAX ID NO : Finance Officer: REMITTANCE ADDRESS : Print Name : Date Signed : i I DEPARTMENT OF TRANSPORTATION BY . i TITLE : Deputy Secretary for Multimodal Transportation i DATE : APPROVED BY BOARD OF TRANSPORTATION ITEM O : ( DATE ) i 1 4 7 ACCOUNTS RECEIVABLE NCDOT ADMINISTERED - FAST TRANSIT PRIORITY STUDY 1000019673 SIGNATURE PAGE IN WITNESS WHEREOF , this Agreement has been executed the day and year heretofore set out , on the part of the Department and the County by authority duly given . ( INK SIGNATURES ONLY) ATTEST Authorized Signer: 0 l BY : ACl Print Name : / �m- TITLE : k.- � � d Title : Date Signed : f If applicable , this Agreement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act : ORANGE COUNTY FED TAX ID NO : Finance Officer: REMITTANCE ADDRESS : Print Name : Date Signed : DEPARTMENT OF TRANSPORTATION ( DocuSign ) BY : TITLE : DATE : APPROVED BY BOARD OF TRANSPORTATION ITEM O : ( DATE ) 8