HomeMy WebLinkAboutAgenda - 06-18-2024; 8-n - Professional Engineering Contract – Transit Access Sidewalk for Orange Grove Road 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 18, 2024
Action Agenda
Item No. 8-n
SUBJECT: Professional Engineering Contract — Transit Access Sidewalk for Orange
Grove Road
DEPARTMENT: Orange County Transportation Services (OCTS)
ATTACHMENT(S): INFORMATION CONTACT:
1. Service Contract — WSP Orange Nishith Trivedi, Transportation Director,
Grove Road Sidewalk PE 919-245-2007
2. Example Municipal Agreement for
Sidewalk PE
PURPOSE: To approve a Professional Engineering (PE) contract and authorize the County
Manager to sign a municipal agreement for a Transit Access Sidewalk along Orange Grove Road.
BACKGROUND: On April 23, 2024, the Durham-Chapel Hill-Carrboro Metropolitan Planning
Organization (DCHC MPO) Board approved federal funding for professional engineering (PE)
work — a prerequisite necessary to build a sidewalk along Orange Grove Road. The federal
funding is through the Surface Transportation Block Grant (STBG) program and is part of the
DCHC MPOs Locally Administered Project (LAP) managed by the project sponsor, Orange
County.
Project Scope:
• Sign and Seal Engineering drawings, construction estimates, and other documents necessary
for future bid process.
• Project Location - 1.07 mile sidewalk along the northwest side of Orange Grove Road
• Project Limits - Existing sidewalk near Efland Boulevard in Hillsborough to first driveway at
Cedar Ridge High School along Grady Brown School Road
Orange County Transportation Services (OCTS) will conduct the local management and
administration of the contract, including paying the full project cost of $250,000, and reimbursing
the County $200,000 in federal STBG funds. The remaining $50,000 is the local match required
for STBG funds. OCTS will use its On-Call Service contract with WSP, an engineering firm, to
perform the work. The cost requires Board of County Commissioner (BOCC) approval of the
contract and it will be included as an addendum to the On-Call Service contract. WSP has
provided a Scope of Work to go with the contract (Attachment 1).
In addition to the Service Contract, the North Carolina Department of Transportation (NCDOT)
requests a Municipal Agreement necessary to conduct work on this project. Attachment 2 is an
example of a Municipal Agreement. NCDOT will provide at some point in the near future a
Municipal Agreement specific to this project as it is approved in the current State Transportation
Improvement Program (STIP) and has a TIP number of BL-0139. Upon completion of PE, OCTS
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can pursue additional grant funds for the construction of the sidewalk (e.g. Strategic Prioritization
of Transportation (SPOT)) or seek local funding like the transit tax to build the sidewalk. PE should
be complete by the end of 2024.
FINANCIAL IMPACT: A total of$250,000 in County funds are currently programmed in the OCTS
operating budget through Contract Services. PE expenses will be reimbursed to County totaling
$200,000. The remaining $50,000 serves as the local match necessary for STBG federal funds.
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:
• 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 Board approve and authorize the Manager
to sign the Professional Engineering (PE) Service Contract (Attachment 1), and authorize County
Manager to sign a Municipal Agreement for the Transit Access Sidewalk along Orange Grove
Road.
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[Departmental Use Only]
TITLE Transit Access
Orange Grove Road Sidewalk PE
FY FY24
NORTH CAROLINA
SERVICES AGREEMENT NO RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this 1st day of
June, 2024, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and WSP USA,
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Professional Design and Engineering (e.g. Sign and Seal
bid documents for construction, ROW, Utility, etc.) a 1.07 mile sidewalk along
northwest side of Orange Grove Road, from existing sidewalk near Elfland Blvd in
Hillsborough, NC to first driveway at Cedar Ridge High School along Grady Brown
School Road, see attached Scope of Work, Schedule and Cost Plus based rates.
Detail Scope of Work in Attachment 1. Federal and State provisions are included in
Exhibits A and B respectively. Exhibits A and B are hereby incorporated into this
contract by reference, and the State and Federal requirements set forth in these
attachments are hereby additionally incorporated in this contract by reference as
though fully set out here.
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
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a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and submission of all work related to the
Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns in the performance of the Agreement. Provider shall
correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it or its employees,
agents and subcontractors engaged in such activities possess such licenses,
certifications, or credentials and that such licenses certifications, or credentials are
current, active, and not in a state of suspension or revocation.
vi) Should any documents, exhibits, or addenda be attached to this Agreement, the
terms of this Agreement shall have priority in any conflict with or among the
terms of such referenced documents, exhibits.
vii) Should this Agreement involve project designs, the construction or creation of
which is to be bid out or fulfilled by other contractors, and bidding or negotiation
with contractors produce prices which, when added to the other elements of the
approved total project cost, produce a cost that is in excess of the approved total
project cost, the Provider shall participate with the County in negotiation and
design adjustments to the extent such are necessary to obtain prices within the
approved total project cost. All activity of the Provider with respect to these
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matters shall constitute Basic Services and shall be performed by the Provider
without additional compensation. If negotiation and design adjustments fail to
bring costs within the total project cost the County may reject all bids and
Provider will redesign or reduce portions of the project in an effort to reduce the
bid prices to within the total project cost and rebid the project. One such redesign
is included within Basic Services. If this second letting for bids does not produce
bids that are within the approved total project cost initially or after negotiations
with the contractor the cost is not reduced to an amount within the total project
cost, the Provider is not obligated to engage in further redesign.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Professional Design and Engineering (e.g. Sign
and Seal bid documents for construction, ROW, Utility, etc.) a 1.07 mile sidewalk along
northwest side of Orange Grove Road, from existing sidewalk near Elfland Blvd in
Hillsborough, NC to first driveway at Cedar Ridge High School along Grady Brown
School Road, see attached Scope of Work, Schedule and Cost Plus based rates. Detail
Scope of Work in Attachment 1. Federal and State provisions are included in Exhibits A
and B respectively. Exhibits A and B are hereby incorporated into this contract by
reference, and the State and Federal requirements set forth in these attachments are
hereby additionally incorporated in this contract by reference as though fully set out
here.
4. Duration of Services
a. Term. The term of this Agreement shall be from July 1, 2024 to December 30, 2024.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be June 1, 2024.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services satisfactorily (as
determined by the County) performed pursuant to this Agreement. The maximum
amount payable for Basic Services shall not exceed Two Hundred and Fifty Thousand
Dollars ($250,000). Payment for satisfactorily performed Basic Services shall become
due and payable within thirty(30) days of Provider properly invoicing County. Payment
shall be subject to provisions of Section 5(b).
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b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, without fault or penalty, withhold any payment
associated with the work to be performed until such time as said work is completed.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Nishith Trivedi Orange
County Transportation Services Director) to act as the County's representative with
respect to the Project who shall have the authority to render decisions within guidelines
established by the County Manager or the County Board of Commissioners and who
shall be available during working hours as often as may be reasonably required to render
decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by County's Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing division/contracts.php). If
County's Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of N/A (if no additional insurance required mark N/A
as being not applicable). Provider shall not commence work until such insurance is in
effect and certification thereof has been received by the County's Risk Manager.
8. Indemnity
a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without
limitation, to defend, indemnify and hold harmless the County from all loss, liability,
claims or expense, including attorney's fees, arising out of or related to the Project and
arising from property damage or bodily injury including death to any person or persons
caused in whole or in part by the negligence or misconduct of the Provider except to the
extent same are caused by the negligence or willful misconduct of the County. It is the
intent of this provision to require the Provider to indemnify the County to the fullest
extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
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Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven(7) days'prior
written notice of its intent to terminate this Agreement for cause. Either party may
terminate this Agreement upon notice to the other party that obligations pursuant to this
Agreement are made impractical due to declarations of emergency by Orange County or
by North Carolina due to events directly impacting Orange County. Both parties shall
remain responsible for all payment and performance due up to the receipt of such notice,
but shall have no further obligation or responsibility beyond that date provided the
terminating party has taken all reasonable steps to complete the performance of its
obligations.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider. Upon request of the County, the Provider shall submit to County all
relevant documentation, including but not limited to, job cost records, to support
its claims for final compensation.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County's convenience and without penalty to County upon three (3) days' notice to
Provider. Upon any suspension by County, Provider shall discontinue work on the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
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a. Limitation and Assigntnent. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
agent or subcontractor identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-86.81.
c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable
local, state, and federal laws, rules, and regulations including but not limited to all state
and federal non-discrimination laws, policies, rules, and regulations and the Orange
County Non-Discrimination Policy and Orange County Living Wage Policy (each
Orange County policy is incorporated herein by reference and may be viewed at
hqp://www.oran eg count)nc. og v/departments/purchasing division/contracts.php.) Any
violation of the Orange County Non-Discrimination Policy is a breach of this Agreement
and County may immediately terminate this Agreement without further obligation on the
part of the County. This paragraph is not intended to limit and does not limit the
definition of breach to discrimination.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of such suit or action.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
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things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable or not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability or non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement.
In the event of a change in the County's statutory authority, mandate or mandated
functions, by state or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Si_ng atures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article I IA and Article 40 of North Carolina General Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider's Name
Attention:Nishith Trivedi WSP USA
P.O. Box 8181 434 Fayetteville St#1500
Hillsborough,NC 27278 Raleigh,NC 27601
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: By:
Bonnie Hammersley
Emily Ritzler, AICP
Senior Vice President
Printed Name and Title
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" I Attachment 1
Scope of Services and Fee Estimate
Transit Access Sidewalk Along Orange Grove Road
Orange County
Under this scope of services, WSP will provide Surveying, Right of Way, Utility Coordination and Design Services for
adding a sidewalk on the westside from Cedar Ridge High School first driveway on New Grady Brown School Road to the
intersection with Orange Grove Road(approximately 500 ft.). Then heading north on Orange Grove Road approximately
1 mile to Eflin Boulevard.
Contents
Task 1 — Project Management and Project Administration.............................................................................................2
Task2—Surveying .............................................................................................................................................................2
Task 3—Subsurface Utility Engineering...........................................................................................................................3
Task4— Roadway Design..................................................................................................................................................4
Task 5— Drainage and Erosion Control Design...............................................................................................................6
Task6—Traffic Management.............................................................................................................................................6
Task7— Pavement Marking Plans.....................................................................................................................................7
Task 8—Structure Plans Orange Grove Road over 1-40 — Prefabricated Bridge (30% PGD) .......................................7
Task 9— Right of Way Services (Right of Way Consultants)—OPTIONAL ADDITIONAL SERVICES...........................8
Task 10 — Utility Coordination (TELICS)—OPTIONAL ADDITIONAL SERVICES...........................................................9
Task 11 — Bid Services—OPTIONAL ADDITIONAL SERVICES.......................................................................................9
Task 12 — Geotechnical Services .................................................................................................................................... 10
Task 13— 100%Structure Plans Pre-Fabricated Pedestrian Bridge over 1-40—OPTIONAL ADDITIONAL SERVICES
............................................................................................................................................................................................ 11
Deliverables....................................................................................................................................................................... 12
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Task 1 — Project Management and Project Administration
Project Schedule/Plan and Maintenance
WSP, in coordination with the ORANGE COUNTY, will develop a project schedule for this scope. WSP will prepare a
monthly progress report for the duration of this task order. The progress report will describe the accomplishments made in
the last month updating the overall project status. This will be submitted with each invoice.
Coordination
WSP will maintain continuous coordination with the ORANGE COUNTY for the duration of the task order. This
coordination includes regular transmittals of project correspondence and records as well as telephone contact for immediate
attention.
In addition to the regular coordination, WSP will coordinate with NCDOT throughout the scoping and design process on
approval of the plans. This will include up to three(3)meetings with the NCDOT staff.
Meetings
A total of five(5)meetings with the ORANGE COUNTY are assumed. These meetings could include: a kick-off meeting,
unscheduled meetings to review deliverables or project status,meetings to discuss project issues that arise,or team meetings
in advance of other meetings. It is assumed that three (3) WSP staff will attend each of these meetings. WSP will prepare
draft and final meeting minutes for each meeting.
Task 1 Fee: $8,603.24
Task 2— Surveying
Task 2.1 —Survey:
Survey limits are defined as approximately 1.07 miles of sidewalk from Cedar Ridge High School first driveway on New
Grady Brown School Road to the intersection with Orange Grove Road (approximately 500 ft.). Then heading north on
Orange Grove Road approximately 1 mile to Eflin Boulevard. This is an English project and will be mapped at a 1"= 50'
scale using Bentley Open Road Designer and the latest version of NCDOT Location& Surveys workspace. The following
are the list of subtasks performed:
1. Courthouse research will be performed for approximately 10 properties within the project limits.WSP will provide
the ORANGE COUNTY with PDF copies of deeds and plats.
2. A letter will be mailed out prior to beginning field work. The letter will state Barry W. Creed, PLS as the primary
contact person for survey related work.A sample letter will be sent for approval before the letters are mailed.WSP
will also attempt to contact property owners or tenants, door to door,prior to beginning survey.
3. WSP will establish Baseline Control staked and traversed according to Location & Surveys guidelines. Additional
baseline control points will be set with#5 rebar and stamped NCDOT using aluminum caps containing BL control
point# (i.e. BL-101). All points will be traversed from GPS control by turning two sets of angles per stations and
will be looped back to the GPS control monuments.GPS control co-ordinates will be set by WSP.A traverse closure
report will be submitted showing closure within a tolerance better than (1:20000 raw closure). Baseline will run
from south to north and point number will be sequential. 811 will be notified to clear areas of any underground
utilities prior to driving rebar.
4. WSP will generate best fit alignments on all-L-lines within the survey limits.The best fit alignment shall be placed
within 0.5 foot of the mean centerline between the existing edges of pavement. The alignments will be stationed
starting at 5+00.00 -BL- and 10+00.00—EL- and provided in Open Road Designer format. The alignment will be
mapped in the FS design file.
5. WSP will set and establish 2 benchmark as per Location& Surveys guidelines. The Benchmark data will be tied to
NAVD 1988 vertical datum from the nearest project control point.A digital level loop will be run through all points
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and to a turning point past the last baseline point then looped back to the GPS pair running through all baseline
points twice. The Benchmark information will be included in the baseline alignment text file as a separate section
at the end. WSP will provide a spreadsheet showing the level loop raw closures and adjusted results.
6. Perform Pavement DTM data collection of all"L"and"Y"Lines as indicated in the project limits as noted above.
Only edge of pavements and pavement crowns will be surveyed.
7. WSP will make every effort to locate property monumentation and tie down all 10 properties within the project
limits.
8. WSP will use deeds and plats and field evidence to accurately depict each property with the project limits. Smaller
properties will be closed out and mapped per NCDOT standards. For larger properties, only the lines within the
project limits will be mapped other lines may be mapped and shown per the surveyor's discretion. The R/W will be
established per records and field evidence.
9. WSP will gather enough ground shots within the project limits to accurately depict the terrain within survey limits
as noted above. All breaklines, ditches and check shots will be surveyed. Shots will not exceed 50'.
10. WSP will contact 811 to mark utilities within the project limits to support our SUE services.
11. WSP will locate and provide pipe size and inverts for any storm utility structures within the project limits. WSP
will always carry one structure past project limits. Driveway culvert inverts will be collected.
12. WSP will produce a 2D MicroStation DGN as per Location & Surveys guidelines. SUE performed by WSP and
811 and conventional survey data will be merged into FS file. WSP will produce survey data into the 3D design
file.
13. WSP will be allowed time for travel from the office to the job site. This project is approximately 1-hour round trip.
WSP will make all practicable efforts to consolidate trips to the job site.
14. WSP will be allowed time for project management and supervision.
15. WSP will be allowed time for traffic control and safety.
Task 2 Fee: $74,587.63
Task 3— Subsurface Utility Engineering
Task 3.1 —SUE
WSP proposes to provide the following Subsurface Utility Engineering(SUE)Quality Levels on this project. All SUE
services will be performed in accordance with Cl/ASCE 38-02"Standard Guidelines for the Collection and Depiction of
Existing Subsurface Utility Data".
Quality Level D (QLD)—WSP shall request utility record information from facility owners(public and/or private)with
infrastructure within the project limits. The Client in encouraged to share with WSP all available information within their
possession pertaining to existing utilities within the project limits. Records research must be performed to meet the
standards definition for Quality Level C and Quality Level B SUE data.
Quality Level C (QLC)—WSP shall perform survey of above ground appurtenances within the survey limits. Known
utilities,based upon available utility record data,within these limits whose horizontal position cannot be determined due
to known and/or unknown environmental factors will be depicted in the final deliverable based upon record data and
correlated to survey. These utilities will be annotated as"DATUR"(depicted according to utility record).
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NNNI )
Quality Level B (QLB) -WSP will use industry acceptable methods to search for and designate the approximate
horizontal position of existing utilities within the survey limits. Utilities will be marked on the ground surface in
accordance with American Public Works Association(APWA)color codes based upon its type. Utilities whose type
cannot be identified due to the lack of above ground due to the lack of above ground appurtenances will be marked in pink
paint within the survey limits and annotated as"Unknown"in final deliverables.
Task 3 Fee: $33,788.02
Task 4— Roadway Design
Task 4.1 —Coordination
WSP's team will coordinate with the ORANGE COUNTY and their designated representatives throughout the duration of
this task order. The coordination will include regular transmittals of correspondence and records, as well as telephone
contact for items requiring immediate attention. WSP's team will coordinate with NCDOT for their review.
Task 4.2—Draft Recommendation Plan Set 30%Plan
The Draft Recommendation Plan set will be prepared in accordance with but not limited to:
• NCDOT Roadway Design Manual
• 2024 NCDOT Roadway Standards Drawings
• 2024 Standard Specifications for Roads and Structures
• A Policy on Geometric Design of Highways and Streets AASHTO 2018
• NCDOT Complete Streets Implementation and Planning Guidelines
WSP shall prepare Design Assumptions for the ORANGE COUNTY and NCDOT to review and approve before starting
the draft recommendation plan set. WSP will prepare the Draft Recommendation Plan set using approved design
assumptions to meet as stated above guidelines at a scale of 1"=50'horizontal and 1"=5'vertical. WSP shall prepare Draft
Recommendation Plan Set and cross sections using Bentley Open Road Designer.
WSP will submit a full-size set of the Draft Recommendation Plans in pdf format.
ORANGE COUNTYshall review the Draft Recommendation Plans and provide comments for consultant to address. WSP
shall attend one (1) meeting with the ORANGE COUNTY staff to discuss the review comments. WSP will revise plans per
ORANGE COUNTY comments and provide a preliminary construction cost estimate at 30% approval. It is assumed that
comments from the ORANGE COUNTY will be returned within 15 business days ofsubmittal.
Task 4.3 —65%Plan Submittal
The 65% Plan Submittal shall be the approved Draft Recommendation Plan set developed to the stage at which
approximately 65% of the final design for the project is complete. WSP shall incorporate Drainage, preliminary Erosion
and Sediment Control,Right of Way, and prepare 30%concept Traffic Management Plans. Detailed scopes for these tasks
are included in respective sections.
WSP will submit a full-size set of the 65%Design Plans in pdf format.
ORANGE COUNTY shall review the 65%Design and provide comments for WSP to address. WSP shall attend one (1)
meeting with the ORANGE COUNTY/NCDOT staff to discuss the review comments. WSP will revise plans per ORANGE
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COUNTY comments and provide a preliminary construction cost estimate at 65%approval. It is assumed that comments
from the ORANGE COUNTY will be returned within 15 business days of submittal.
In order to advance beyond 65% Design, additional services and coordination will be required. These services are
mentioned in the `exclusions' section in subtasks 4.4,4.5 and 4.6.
Task 4.4—Right of Way Plans
The Right of Way plans shall be the approved 65%plans developed to the stage at which Right of Way can be submitted
and staked by WSP (See Right of Way Services).
WSP will submit a full-size set of the Right of Way Plans in pdf format.
*Exclusions*
• Telics Utility Coordination Services is needed to complete Right of Way Plans
• Right of Way Staking(Survey) is required to complete Right of Way Acquisition
• Right of Way Acquisition Services is required to complete right of way for the project.
Task 4.5—90%Plan Submittal
The 90%plans shall be the approved Right of Way Plans developed to the stage at which approximately 90% of the final
design for the project is complete. WSP shall incorporate 90% plans requirements including Traffic Management Plans,
Structure Plans,Erosion land Sediment Control Plans,UBO Plans,Pavement Marking Plans,and project special provisions.
WSP will submit a full-size set of the 90%Design Plans in pdf format.
*Exclusions*
• 90% Structure Design Plan Services are required to complete 90%Plan Submittal
• Utility Coordination Services is needed to complete 90%Plans
ORANGE COUNTY shall review the 90%Design and provide comments for WSP to address. WSP will revise plans per
ORANGE COUNTY comments and provide a preliminary construction cost estimate at 90% approval. It is assumed that
commentsfrom the ORANGE COUNTY will be returned within 15 business days ofsubmittal.
Task 4.6— 100%Plans Submittal(Final)
The 100%plans shall be the approved 90% design plans developed to the stage at which approximately 100%of the final
design for the project is complete. WSP will provide final design plans, special provisions, and engineers estimate.
WSP will submit a full-size set of the 100%Design Plans in pdf format.
*Exclusions*
• 100% Structure Design Plan Services are required to complete 100%Plan Submittal
• Utility Coordination Services is required to complete 100%Plan Submittal
• Right of Way Acquisition services is required to complete 100%Plan Submittal
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NNNI )
ORANGE COUNTYshall review the 100%Design and provide comments for WSP to address. WSP will revise plans per
ORANGE COUNTY comments and provide a preliminary construction cost estimate at 100%approval. It is assumed that
comments from the ORANGE COUNTY will be returned within 15 business days of submittal.
Final Sealed Plans
Once the 100%plans are approved,WSP shall submit electronically sealed and signed PDFs in the proper format.
WSP will submit electronically sealed and signed plans.
WSP will submit NCDOT Encroachment Permit.
Task 4 Fee: $47,868.78
Task 5— Drainage and Erosion Control Design
Task 5.1 —Sidewalk Drainage Design
WSP will develop drainage design for inclusion on the 65%roadway plans in accordance with the latest NCDOT Guidelines
for Drainage Design, and Standard Specifications and Standard Drawings. Comments on the drainage design will be
incorporated into subsequent roadway submittals.
A complete drainage summary will be provided with 100%Plans Submittal, and the Final Sealed Plans.
• Exclusions:
1. Stormwater management measures
2. 401/404 Permit drawings
Task 5.2—Erosion& Sediment Control Design
WSP will develop an erosion and sediment control design plans (Clearing and Grubbing, and Final phase)with associated
notes and details that minimize erosion and prevent off-site sedimentation during construction. The design will be in
accordance with the latest standards and guidelines of the Department of Environmental Quality Division of Energy,
Mineral,and Land Resources(NCDEQ DEMLR).The plans will include typical measures such as silt fence,inlet protection
etc.Notes for maintenance, a sequence of construction, and stabilization timeframes will be included.Erosion control plans
will be submitted to NCDEQ for review of the Erosion Control permit because the total limits of disturbance for the project
area for both culvert sites is greater than the threshold of one acre.
The Preliminary Erosion and Sediment Control design will be included as part of the 65% plans to identify any ROW
constraints. Upon receipt of comments for 65% plans, WSP will complete the Erosion and Sediment Control design for
inclusion in the 90% Plans Submittal. Concurrently, WSP will prepare a permit application package for inclusion in the
90%Plan Submittal to the ORANGE COUNTY.Upon approval by the ORANGE COUNTY and upon receipt of the signed
and notarized "Financial Responsibility Form" from the ORANGE COUNTY, WSP will submit the 100% Erosion and
Sediment Control package to the local NCDEQ DEMLR office for review and approval prior to final approval of final plans.
It is assumed that the County will provide the permit application fee($100.00 per acre of land disturbance)associated with
the NCDEQ Erosion control permit for this project. As such, permit application fees are not included within WSP's cost
estimate.
Task 5 Fee: $26,717.16
Task 6— Traffic Management
The Traffic Management Plans will be prepared in accordance with but not limited to:
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• NCDOT Roadway Design Manual
• 2024 NCDOT Roadway Standards Drawings
• 2024 Standard Specifications for Roads and Structures
• MUTCD(Current Version)
The Consultant shall prepare construction traffic control phasing and general notes for the proposed improvements. The
Consultant shall prepare Intermediate Contract Times (ICT's) and Liquidated Damages (LD's) in coordination with the
Client,to identify all time restrictions for construction operations that affect traffic. These ICT's and LD's will be included
as part of the project special provisions.
The final traffic control plans shall include a phasing sequence which shall include the work to be done in each phase, the
traffic control details to be used for each phase, and any associated ICT's and LD's. Plan sheet drawings, such as staging
plans and details,will not be provided.
Traffic control quantities will not be provided. The Consultant will determine an appropriate construction cost percentage
to account for traffic control costs for the project. The percentage will be developed in coordination with the Client and
industry averages for similar projects constructed recently in the area.
Task 6 Fee: $5,161.52
Task 7— Pavement Marking Plans
The Pavement Marking Plans will be prepared in accordance with but not limited to:
• NCDOT Roadway Design Manual
• 2024 NCDOT Roadway Standards Drawings
• 2024 Standard Specifications for Roads and Structures
• MUTCD(Current Version)
• 2009 NC Supplement to the MUTCD
WSP will develop Final Pavement Marking Details for the proposed sidewalk improvements along New Grady Brown
School Road and Orange Grove Road in Hillsborough,NC. The details will include all proposed pavement markings
associated with the proposed sidewalk and curb ramps improvements including pedestrian crosswalks and stop bars at all
side street crossings. Submittals will include a 90%Plan Review and 100%Final Submittal and Final Sealed Plans along
with bid documents.
Task 7 Fee: $5,939.28
Task 8— Structure Plans Orange Grove Road over 1-40—Prefabricated Bridge (30% PGD)
Task 10.1 —30%Preliminary Drawings(30%PGD)
WSP will provide preliminary engineering for a prefabricated pedestrian bridge located west of the Orange Grove Road
over I-40 bridge(Bridge#670262). The alignment and typical section will be determined by roadway, including clear
distance between the proposed bridge and existing bridge and the proposed clear bridge width. It is assumed the new
structure will consist of a prefabricated superstructure on concrete end bents and bents that will be in similar alignment as
the substructure on the existing adjacent roadway bridge#670262.
Generally, design tasks at this phase will include:
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- Coordinating with roadway to set the bridge horizontal and vertical controls, the final bridge location shall be set
as shown in the preliminary design plans.
- Initial coordination on the type of prefabricated bridge, it is assumed a truss bridge will be used with either a
single or two span superstructure over I-40.
- Preliminary plans, including a plan and elevation sheet and a typical section, will be submitted to the ORANGE
COUNTY for review and comment..
TASK 8 FEE$11,086.29
Task 9— Right of Way Services (Right of Way Consultants)— OPTIONAL ADDITIONAL SERVICES
Task 9.1 —Negotiation
RWC will perform a detailed study of plans which includes a field study of property lines, improvements, out-
conveyances, etc. to ensure plan accuracy. After ownership research, an initial contact with each property
owner and/or their representative will be made in order to provide information and project effects. A property
valuation (claim report)will be prepared in order to make an offer for the taking. When necessary, an appraisal
will be provided. RWC will also provide title investigations as necessary. RWC can prepare all deeds,
agreements, and instruments of conveyance necessary to acquire the appropriate right of way. RWC will make
offers based on the approved appraisals or claim report, to the owner(s) of each property for the proposed
right of way and advise said owners of applicable relocation benefit entitlements. RWC will conduct follow-up
negotiations as may be appropriate and prepare negotiation reports and documentation. When settlements
have been reached with owners, RWC will submit final reports on each property claim containing the
instruments of conveyance, requests for payment, and the required documentation for processing and
issuance of a check for payment. If negotiations are unsuccessful, RWC will submit a request for condemnation
on each involved parcel with appropriate documentation for processing and the initiation of litigation through
condemnation. RWC appraisers and staff will not provide any testimony as part of this scope. RWC will provide
a monthly status report of progress. All negotiations will be in compliance with the NCDOT ROW Manual
and/or Federal/State Guidelines.
Task 9.2 Appraising:
RWC will provide claim reports where applicable. If negotiations break down or if the property is suffering
damage due to the acquisition, a full appraisal will be provided. Cost to cures or any engineering needed to
assess the possible value loss are not included.
Task 9.3 —Attorney:
RWC will provide title opinions,updates, and closings when necessary. Services will only be invoiced as they are performed.
Task 9 Fee: $67,600
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Task 10- Utility Coordination (TELICS)- OPTIONAL ADDITIONAL SERVICES
Task 10.1 —Utility Coordination
• Identify,research, and contact all utility owners through the project corridor.
• Identify utility level of impacts through the corridor.
• Coordinate and run all utili, meetings and distribute minutes.(Kick Off,One on One w/Utilities,Pre-Construction)
• Obtain documentation from utilities claiming prior rights and confirm.
• PUE requests and assist.
• Review Utilities' markups.
• Full plan reviews to minimize and avoid utilitimpacts. (Roawqy, Drainage)
• Assist Engineer in all areas for clarity of utility impacts, schedule, and relocation.
• URA packages assist.
• Utility encroachment packages assist.
• UBO plans
• Special provisions
• Deliverables:
1. Utility kick-off meeting coordination
2. Utility meeting minutes
3. Utility relocation schedule
4. UBO
5. Special provisions
6. Utility packages
• Exclusions:
1. WET Utility Design not included
2. Preparation of permit drawings not included.
Task 3 Fee: $56,082.59
Task 11 - Bid Services- OPTIONAL ADDITIONAL SERVICES
Task 11.1 —Bid Document
WSP will prepare the Bid Construction Document in NCDOT format and specifications for municipalities in preparation of
the project letting.
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Task 11.2—Bid Services
• WSP will support the ORANGE COUNTY prior to the Prebid meeting and will prepare the meeting agenda. Up
to 2 WSP staff members will attend the Prebid meeting to conduct the meeting and answer any questions proposed
by the contractors. WSP will prepare minutes from the Prebid meeting.
• WSP will address up to 2 days of addendums to the plans. If additional time is needed, a supplemental scope of
work will be required.
• WSP will prepare the engineer's estimate for the project letting and review the Bids after the Letting and prepare
bid tabs and project award letter for the ORANGE COUNTY.
Task 11 Fee$18, 040.87
Task 12— Geotechnical Services
Task 12.1 -Field Exploration
The subsurface exploration and testing for the proposed bridges will be conducted in accordance with the
current NCDOT Geotechnical Unit Guidelines and Procedures Manual. WSP proposes to perform 3 SPT
borings for the structure subsurface exploration. A total of 90 feet of SPT and 25 feet of Rock Core was
estimated; however, actual boring depths for the bridges will be determined in the field; two end bent borings
will be advanced to refusal and rock core will be performed on the interior boring to the depth that satisfies
drilled shaft.
We plan to utilize an ATV (rubber-tired or tracked) drill rig with an automatic hammer for this project and
borings will be performed utilizing hollow stem auger and/or mud rotary drilling techniques. Steel casing will be
advanced as needed to provide a stable borehole during drilling and sampling. Standard penetration tests will
be performed at regular intervals in accordance with the American Association of State and Highway
Transportation Officials (AASHTO T-206-87) until SPT or drilling refusal is encountered on Hard Rock.
WSP will provide a full-time rig geologist/engineer to supervise field drilling activities and complete the field
boring/coring logs and daily activity sheets as required by NCDOT.
WSP has budgeted 1 day/night of traffic control services in our estimate as the proposed interior bent boring
location will be on the median of 1-40. The traffic control operation will consist of lane closures with flagging
operations. We will consult with the District Engineer to determine if there are any lane closure requirements or
any action to accommodate the current construction. At this moment, we assume the drilling for the interior
bent requires to be performed in nighttime.
NC One Call will be notified prior to performing borings to locate existing underground utilities. If a private
utility locator is required to locate existing underground utilities, WSP can arrange for that service to be
provided for an additional cost. WSP will also contact and coordinate with property owners for boring access if
necessary. We anticipate the property owner contact sheet will be transmitted to WSP prior to start of the field
investigation.
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WSP will locate proposed borings in the field using a handheld Trimble GPS unit and the as-drilled
location/coordinates will be collected using GPS equipment at the time of boring completion.
One split spoon sample collected will be tested in our NCDOT approved Materials and Testing Laboratory to
verify visual field classification and determine soil index properties. One selected cored rock sample is planned
for Rock compression strength tests, according to ASTM D7012 Method C.
Task 12.2-Recommendation Report
WSP will prepare a geotechnical recommendation report with a typical NCDOT foundation design
recommendation report. The report will consist of project understanding, site geologic overview, subsurface
conditions, and NCDOT foundation design recommendations.
The NCDOT foundation design recommendations will follow the Geotechnical Engineering Unit Guidelines and
Procedures Manual and will meet AASHTO LRFD design criteria and NCDOT foundation design policies. The
design work will address but not be limited to the following topics:
• Select the appropriate and cost-effective foundation type
• Axial Capacity
• Lateral Stability analysis
• Pile drivability analysis and the range of hammer energy if needed.
• Slope stability at the end bents
• Embankment settlement analysis, if needed, long-term consolidation, waiting periods and settlement
monitoring will be included.
The foundation recommendations report will be submitted in a single PDF file that will include foundation
design recommendations, foundation notes on plans, special notes on plans and pay items quantity sheets.
Task 12 Fee$25,663.31
Task 13- 100% Structure Plans Pre-Fabricated Pedestrian Bridge over 1-40- OPTIONAL ADDITIONAL
SERVICES
- Task 13.1 —90%Plan Development
Based on comments received on the preliminary plans, WSP will finalize the design to 90%plans and all previous review
comments will be addressed. WSP will complete the design and detailing of the bridge during this phase and coordinate
with a prefabricated bridge manufacturer for loads to the substructure.
Specific tasks to be completed during this phase of the project include the following:
- Final Design of substructure
- Plan development of substructure details,including notes, and general details for the prefabricated superstructure
such as length and clear width of bridge
- Quantity Calculations
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General Construction notes
Construction Cost Estimate
Engineering will be in accordance with,but not limited to:
• NCDOT Structures Design Manual
• AASHTO LRFD Bridge Design Specifications
• AASHRO LRFD Guide Specifications for the Design of Pedestrian Bridges
Specifications will be based on NCDOT's 2024 Standard Specifications for Road and Structures, and it is assumed that no
additional development of supplemental specifications will be required.
Task 13.2—Stamped 100%Plans
Upon receipt of comments from the ORANGE COUNTY,WSP will prepare Stamped(100%)Plans to address all
comments and submit an electronic copy to the ORANGE COUNTY with Final Quantities and the Engineer's Estimate.
Assumptions:
- WSP assumes that no bridge type study is required for this bridge, a signature bridge is not included in this scope.
- WSP assumes that preliminary structural design will not be required for the preliminary plans submittal. Only
bridge layout/location will be determined at this stage.
- Bridge loading will be confirmed with the ORANGE COUNTY, anticipated loading is pedestrian loading only
(no emergency vehicles). Deck design will be prepared for by the truss fabricator.
- Lighting on the proposed structure is not included as part of this scope.
- Any additional structural services for design of a different bridge type, approach ramps or retaining walls are not
included in this scope.
- WSP assumes that no hydrologic/hydraulic/scour analysis is required for this bridge.
- WSP assumes that subsurface geotechnical investigation, foundation recommendations, and any shoring design
required for construction,will be provided by others prior to beginning 90%Plan Development.
TASK 3 FEE$34,965.66
Deliverables
Task I—Project Management
• Project Management Plan(PMP)
• Quality Management Plan(QMP)
• Initial Project Schedule
• Draft and final meeting minutes following meetings
• Documentation of General Coordination activities
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Task 2—Surveying
• Baseline text file containing the Benchmark data
• Project level closure report
• Traverse closure report
• Deeds and Plats as a PDF
• FS design file
• 3D design file DTM and TIN file
Task 4—Roadway Design
• Design Assumptions Submittal
o Design Assumptions
o Typical Sections
• Draft Recommendation Plan Set Submittal
o Title Sheet
o Typical Sections Sheets
o Plan Sheets with Horizontal Design
o Profile Sheets with Vertical Design
o Cross Sections
o Preliminary Right of Way and easement limits
o Proposed Guardrail Design if required.
o Preliminary Slope Stake lines
o Preliminary Earthwork Summary
o Preliminary Construction Cost Estimate
• Preliminary 65% Submittal
o Approved Draft Recommendation Plan Set
o Proposed Right-of-Way and Easements
o Cross sections
o Updated Preliminary Construction Cost Estimate
• Right of Way Plans
o Proposed Right-of-Way Plans (Right of Way Acquisition and Utility Coordination Services Needed)
• 90% Submittal
o Approved Right-of-Way Plans
o Cross sections
o Estimated Construction Quantities
o Engineer's Construction Cost Estimate
• 100% Submittal(Final)
o Approved 90%Plans
o Cross sections
o Estimated Construction Quantities
o Engineer's Construction Cost Estimate
• Final Sealed Plans and Bid Document Submittal
o Approved 100%Plans
o Estimated Construction Quantities
o Engineer's Construction Cost Estimate
Task 5—Drainage and Erosion Control Design
• Preliminary 60%Plan Submittal
o Drainage Design
o Preliminary Erosion and Sediment Control Design
• 90%Plans Submittal
o Drainage Summary Sheet& Quantities
o Erosion Control Plans to NCDEQ
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• Final Sealed Plans Submittal
o Approved Erosion and Sediment Control Plans(Hydraulics)
Task 6& 7— Traffic Management and Pavement Marking Plans
• Preliminary 65% Submittal
o Staging Concept Traffic Control Phasing Notes
• 90% Submittal
o Traffic Control Phasing Notes
• 100% Submittal(Final)
o 100%Traffic Control Phasing Notes
• Final Sealed Plans Submittal
o Final Traffic Control Phasing Notes
o Final Pavement Marking Plans
Task 8—Structure Preliminary 30%Design Plans.
• 30%Preliminary Drawings (30%PGD's)
Task 12—Geotechnical Services.
• Foundation Recommendations Report
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Exhibit A
PAT McCRORY
Governor
NICHOLAS J. TENNYSON
Secretary
Transportation
Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
---------------------------------------------------------------------------------------------------------------------
NCDOT is providing the following list of contract provisions(as noted by the US Code or the Code of
Federal Regulations)that should be included in all contracts or subcontracts that include federal
funding.
• Title 2 CFR 200 is the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards and is applicable government-wide to any contract with Federal
Funding. Appendix II contains a list of contract provisions that should be included in contracts.
• Title 23 CFR 172 is the Procurement,Management, and Administration of Engineering and
Design Related Services, subject to the provisions of 23 USC 112(a)—related to construction.
Contract provisions that are not already included in 2 CFR 200,are listed below. These should be
included in all professional engineering contracts.
• Construction Contracts,funded under Title 23 of the US Code(Federal-aid Highway Program),
have specific required contract provisions. Resources to build the contract proposal and include
appropriate provisions are listed below.
IMPORTANT: It is the Local Government Agency responsibility to ensure all provisions are
included in relevant contracts,in which federal funds are participating. You may need to
consult with your legal representative or contracts office to ensure your contracts are in
compliance.
---------------------------------------------------------------------------------------------------------------------
ALL CONTRACTS AND SUB-CONTRACTS WITH FEDERAL FUNDS
Pursuant to Title 2 Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards,the following list of contract provisions should be
incorporated into every sub-recipient contract,if federal funds will be used on the contract.
Please note applicability requirements.
2 CFR 200,Appendix II
htlps://www.gpo.aov/fdsys/pkWCFR-2014-title2-vol l/xml/CFR-2014-title2-vol l-part200-mppII.xml
(A)Contracts for more than the simplified acquisition threshold currently set at$150,000,which
is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils)as authorized by 41 U.S.C. 1908,must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate.
(B)All contracts in excess of$10,000 must address termination for cause and for convenience by
the non-Federal entity including the manner by which it will be effected and the basis for
settlement.
Nothing Compares___'_�_
State of North Carolina I Department of Transportation I Transportation Program Management Unit
1020 Birch Ridge Drive 1 1595 Mail Service Center I Raleigh,NC 27699-1595
919 707 6600 T 1 919 212 5711 F
26
(C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b),in accordance
with Executive Order 11246, "Equal Employment Opportunity"(30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp.,p. 339),as amended by Executive Order 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment Opportunity,
Department of Labor."
(D)Davis-Bacon Act, as amended(40 U.S.C. 3141-3148).When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland"Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing,by any means, any person
employed in the construction, completion, or repair of public work,to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
(E)Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours.Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are
unsanitary,hazardous or dangerous. These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
(F)Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of"funding agreement"under 37 CFR§401.2 (a)and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
2
27
work under that"funding agreement,"the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and
any implementing regulations issued by the awarding agency.
(G)Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33
U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000
must contain a provision that requires the non-Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency(EPA).
(H)Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(42 U.S.C. 6201).
(I)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2
CFR 180.220)must not be made to parties listed on the governmentwide Excluded Parties List
System in the System for Award Management(SAM),in accordance with the OMB guidelines at
2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp.,p. 189) and 12689
(3 CFR Part 1989 Comp.,p. 235),"Debarment and Suspension."The Excluded Parties List
System in SAM contains the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
(J)Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an
award of$100,000 or more must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
(K) See §200.322 Procurement of recovered materials.
3
28
PROFESSIONAL SERVICES CONTRACTS
Pursuant to Title 23 CFR 172,Procurement, Management, and Administration of Engineering
and Design Related Services,the following contract provisions should be included, either by
reference or by physical incorporation into the language of each contractor or subcontract, as
applicable. Provisions that are not already noted in 2 CFR 200 are in bold.
(i) Administrative, contractual, or legal remedies in instances where consultants violate or
breach contract terms and conditions, and provide for such sanctions and penalties as may
be appropriate;
(ii) Notice of contracting agency requirements and regulations pertaining to reporting;
(iii) Contracting agency requirements and regulations pertaining to copyrights and
rights in data;
(iv) Access by recipient,the subrecipient,FHWA,the U.S.Department of
Transportation's Inspector General,the Comptroller General of the United States,
or any of their duly authorized representatives to any books,documents,papers,
and records of the consultant which are directly pertinent to that specific contract
for the purpose of making audit,examination,excerpts, and transcriptions;
(v) Retention of all required records for not less than 3 years after the contracting
agency makes final payment and all other pending matters are closed;
(vi) Standard DOT Title VI Assurances(DOT Order 1050.2);
(vii) Disadvantaged Business Enterprise(DBE) assurance, as specified in 49 CFR
26.13(b);
(viii) Prompt pay requirements, as specified in 49 CFR 26.29;
(ix) Determination of allowable costs in accordance with the Federal cost principles;
(x) Contracting agency requirements pertaining to consultant errors and omissions;
(xi) Contracting agency requirements pertaining to conflicts of interest, as specified in
23 CFR 1.33 and the requirements of this part; and
(xii) A provision for termination for cause and termination for convenience by the contracting
agency including the manner by which it will be effected and the basis for settlement.
(xiii) All contracts and subcontracts exceeding$100,000 shall contain, either by reference or
by physical incorporation into the language of each contract, a provision for lobbying
certification and disclosure,as specified in 49 CFR part 20.
4
29
CONSTRUCTION CONTRACTS
NCDOT has developed guidance to help Local Government Agencies build a contract proposal
for highway construction projects that complies with applicable federal and state requirements.
LGAs should reference this website first for assistance and direction on developing contract
documents:
https://connect.ncdot.gov/municipalities/Pages/Bid-Proposals-for-LGA.aspx
For other non-highway construction or service contracts,please reference FHWA's Contract
Provision matrix,noting applicability requirements:
hllp://www.fhwa.dot.gov/construction/contracts/provisions.cfm
5
30
EXHIBIT B
Uniform Guidance Contract Clauses for Federal Funding(UGCCFF)
(A)Cumulative Nature of These Clauses; Conflicts with Other Clauses. It is intended that the clauses
in this document,Uniform Guidance Contract Clauses for Federal Funding("UGCCFF"), are to be in
addition to other clauses in this contract. The clauses in this UGCCFF will control in case of conflict
with other clauses in this contract except for those additional clauses,if any,provided in this contract at
the direction of the federal awarding agency or pass-through agency; clauses provided by such direction
will control over this UGCCFF. A termination for cause clause elsewhere in this contract(not in this
UGCCFF)will control over the termination for cause clause in this UGCCFF.
(B)Termination.
(1) Termination for Cause; Default. Each of the following is included as an example of a default
by the contractor under this contract:
(i) The contractor made a false statement or omitted information in the proposal or bid, such
that if the City had known of its falsity or of the facts before contract award,there would
have been a reasonable possibility that the City would not have made the award to the
contractor;
(ii) The contractor fails to observe or perform one or more of its contractual duties, and the
failure continues 15 days after the City gives written notice describing the failure in
reasonable detail;however, if failure requires performance that cannot by its nature be
completed within such 15-day period,the failure does not constitute a default for purposes
of this subsection"ii"as long as the contractor begins curing the failure to perform one or
more of its contractual duties before or during the 15-day period and diligently and
continuously carries out the cure to completion;
(iii)The contractor files a voluntary petition in bankruptcy or is adjudicated a bankrupt or
insolvent,or files a petition or answer seeking a reorganization, arrangement,composition,
readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy act or
any other applicable laws, or seeks, consents to, or acquiesces in the appointment of a
trustee,receiver, or liquidator of the contractor,the contractor's interest in this contract, or
of any substantial part of its property;
(iv)A proceeding against the contractor seeking a reorganization, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy act or
any other applicable law is not dismissed within 60 days after its commencement;
(v) A trustee,receiver, or liquidator of the contractor,the contractor's interest in this contract,
or of any substantial part of its property, is appointed, and the appointment is not vacated or
stayed within 30 days; or
(vi)A levy under execution or attachment is made against the contractor or any of its property
and the execution or attachment is not vacated or removed by court order,bonding, or
otherwise within 60 days.
(2) Termination for Cause; City's Remedies on Default. Upon the contractor's default,the City
is entitled to all remedies lawfully available, including all of the following to the extent they are
applicable:
(i) The City may proceed with remedies available under any performance bond, letter of
credit,or other security.
(ii) The City may proceed with legal action, including obtaining damages and specific
performance.
(iii)The City may give written notice stating that the contract or the services of the contractor
shall terminate on the date described in such notice. Such termination shall not be deemed
UGCCFF—Page 1 of 7 10.06.22-Cao
31
to impliedly renounce, discharge, or waive any remedy, including claims in damages for
breach.
Note on subsections (C)—(Q). In subsections(C)—(Q)below,where an obligation must be imposed on
any subcontractors, changes in language may be made in the subcontract as shall be appropriate to
properly identify the parties and their obligations.
(C)Equal Employment Opportunity. Under this Agreement,the Contractor shall at all times comply
with the following requirements and shall include these requirements in each subcontract entered into as
part thereof.
1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332,the Contractor
agrees that it will not discriminate against any employee or applicant for employment because of race,
color,religion,national origin, sex, disability, or age. In addition,the Contractor agrees to comply with
applicable Federal implementing regulations and other implementing requirements FEDERAL
AWARDING AGENCY may issue.
2. Race,Color,Religion,National Origin, Sex.In accordance with Title VII of the Civil Rights Act,
as amended,42 U.S.C. § 2000e et seq.,and Federal transit laws at 49 U.S.C. § 5332,the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of
Labor(U.S. DOL)regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity,Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, 'Equal
Employment Opportunity in Federal Employment," September 24, 1965,42 U.S.C. § 2000e note, as
amended by any later Executive Order that amends or supersedes it,referenced in 42 U.S.C. § 2000e
note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that
employees are treated during employment,without regard to their race, color,religion,national origin,
or sex(including sexual orientation and gender identity). Such action shall include,but not be limited
to,the following: employment,promotion, demotion or transfer,recruitment or recruitment advertising,
layoff or termination;rates of pay or other forms of compensation; and selection for training,including
apprenticeship. In addition,the Contractor agrees to comply with any implementing requirements
FEDERAL AWARDING AGENCY may issue.
3. Age.In accordance with the Age Discrimination in Employment Act,29 U.S.C. §§ 621-634,U.S.
Equal Employment Opportunity Commission(U.S. EEOC)regulations, "Age Discrimination in
Employment Act,"29 C.F.R.part 1625,the Age Discrimination Act of 1975, as amended,42 U.S.C. §
6101 et seq.,U.S. Health and Human Services regulations,"Nondiscrimination on the Basis of Age in
Programs or Activities Receiving Federal Financial Assistance,"45 C.F.R. part 90, and Federal transit
law at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition,the Contractor agrees to comply with any
implementing requirements FEDERAL AWARDING AGENCY may issue.
4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended,29
U.S.C. § 794,the Americans with Disabilities Act of 1990, as amended,42 U.S.C. § 12101 et seq.,the
Architectural Barriers Act of 1968, as amended,42 U.S.C. § 4151 et seq., and Federal transit law at 49
U.S.C. § 5332,the Contractor agrees that it will not discriminate against individuals on the basis of
disability. In addition,the Contractor agrees to comply with any implementing requirements FEDERAL
AWARDING AGENCY may issue.
(D)Davis Bacon Act and Copeland Anti-Kickback Act. (1)If this contract is a prime construction
contract in excess of$2,000, and if federal program legislation requires a provision for compliance with
the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor
regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction,")this Davis Bacon Act and Copeland Anti-Kickback Act clause
applies to this contract. (2)In accordance with the statute,the contractor is required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in the wage determination
UGCCFF—Page 2 of 7 10.06.22-Cao
32
made by the Secretary of Labor. In addition,the contractor is required to pay wages not less than once a
week. By signing this contract,the contractor accepts the wage determination. (3)The contractor must
comply with the Copeland"Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each
contractor or subrecipient shall not induce,by any means, any person employed in the construction,
completion, or repair of public work,to give up any part of the compensation to which he or she is
otherwise entitled.
(E) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). If this contract is in
excess of$100,000 and involves the employment of mechanics or laborers,the contractor must comply
with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). If
the Act, as supplemented by said regulations applies to this contract,then under 40 U.S.C. 3702 of the
Act,the contractor is required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary,hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
In the event of any violation of the clause set forth herein,the Contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition,the Contractor and subcontractor
shall be liable to the United States(in the case of work done under contract for the District of Columbia or
a territory,to such District or to such territory), for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and guards, employed
in violation of this clause in the sum of$10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty hours without payment of the overtime
wages required by this clause.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in this agreement.
(F)Contract Work Hours and Safety Standards for Awards Not Involving Construction
The Contractor shall comply with all federal laws,regulations, and requirements providing wage and hour
protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours
and Safety Standards Act,and other relevant parts of that Act,40 U.S.C. § 3701 et seq., and U.S. DOL
regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction(also Labor Standards Provisions Applicable to Non-construction Contracts
Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R.part 5.
The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall
preserve them for a period of three(3)years from the completion of the contract for all laborers and
mechanics, including guards and watchmen,working on the contract. Such records shall contain the name
and address of each such employee, social security number, correct classifications,hourly rates of wages
paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
Such records maintained under this paragraph shall be made available by the Contractor for inspection,
copying, or transcription by authorized representatives of the Federal Awarding Agency and the
Department of Labor, and the Contractor will permit such representatives to interview employees during
working hours on the job.
The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.
UGCCFF—Page 3 of 7 10.06.22-Cao
33
(G)Rights to Inventions Made Under a Contract or Agreement. If the Federal award applicable to
this contract meets the definition of"funding agreement"under 37 CFR§ 401.2 (a)and the recipient or
subrecipient enters into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants,Contracts and Cooperative Agreements," and any implementing regulations issued
by the awarding agency.
(H) Clean Air Act and the Federal Water Pollution Control Act, as amended. If this contract or the
subgrant is in excess of$150,000,the contractor shall comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution
Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency(EPA). The Contractor agrees:
1)It will not use any violating facilities; 2)It will report the use of facilities placed on or likely to be
placed on the U.S. EPA"List of Violating Facilities;" 3)It will report violations of use of prohibited
facilities to the Federal Awarding Agency; and 4)It will comply with the inspection and other
requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 —7671q); and the Federal Water
Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387).
(I)Debarment and Suspension (Executive Orders 12549 and 12689). A contract award(see 2 CFR
180.220)must not be made to parties listed on the government-wide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549(3 CFR part 1986 Comp.,p. 189) and 12689(3 CFR part 1989 Comp.,p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549. The contractor and subcontractors of all tiers shall include the substance of
this section in every subcontract so that it will be binding upon subcontractors of all tiers,with a clause
requiring subcontractors of all tiers to include the substance of this section in every lower tier
subcontracts. The contractor shall be responsible for compliance by subcontractors of all tiers with the
substance of this section.
(J)Byrd Anti-Lobbying Amendment, CONTAINING CERTIFICATION BY CONTRACTOR
AND SUBCONTRACTORS OF ALL TIERS. Unless this is a contract for which such certifications
are not required by 31 U.S.C. 1352(the Byrd Anti-Lobbying Amendment)or 2 CFR 200 Appendix 11,
every contractor and subcontractor of every tier certifies,by signing a contract containing this section,to
the tier above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also immediately disclose to the City of Durham any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. If requested by the City,each tier shall promptly complete,
sign under oath, and return to the City the forms the City will provide regarding the tier's lobbying or the
tier's use or non-use of Federal funds relevant to this paragraph. Such disclosures are forwarded from tier
to tier up to the non-Federal award. The contractor and subcontractors of all tiers shall include the
substance of this section in every subcontract so that it will be binding upon subcontractors of all tiers,
with a clause requiring subcontractors of all tiers to include the substance of this section in every lower
tier subcontract. The contractor shall be responsible for compliance by subcontractors of all tiers with the
substance of this section.
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(K)Procurement of Recovered Materials. The contractor must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental Protection
Agency(EPA)at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition,where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000;
procuring solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials identified in
the EPA guidelines.
(L)Access to Records and Reports; Retention of Records
(1) The contractor agrees to permit, and require its subcontractors to permit,the granting federal
agency, and the Comptroller General of the United States, and,to the extent appropriate,the State
of North Carolina,the City or their authorized representatives,upon their request to inspect all
project work records, documents,papers,materials,payrolls, and other data, and to audit the
books,records, and accounts of the contractor and its subcontractors pertaining to the project.
(2) The contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to maintain all books,records, accounts and reports required under this
contract for a period of not less than three(3)years after that the City makes final payment and
all other pending matters are closed, except in the event of litigation or settlement of claims
arising from the performance of this contract, in which case contractor agrees to maintain same
until the Comptroller General, granting federal agency, state agency, City or any of their duly
authorized representatives have disposed of all such litigation, appeals, claims or exceptions
related thereto.
(M)Bond Requirements. Contracts or subcontracts for construction or facility improvement exceeding
the Simplified Acquisition Threshold set by the Federal Acquisition Regulation(FAR)at 48 CFR part 2,
subpart 2.1, shall be subject to the bidding and bid,performance and payment bonding requirements of
N.C. Gen. Statute § 143-129 et seq. and Article 3 of Chapter 44A(N.C.G.S. 44A-25 et seq.). of
(N)Domestic Preference. The Contractor should,to the greatest extent practicable under a Federal
award,provide a preference for the purchase, acquisition, or use of goods,products, or materials produced
in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured
products). The requirements of this section must be included in all subcontracts including all contracts
and purchase orders for work or products under this agreement. (1) "Produced in the United States"
means, for iron and steel products,that all manufacturing processes, from the initial melting stage through
the application of coatings, occurred in the United States. (2)"Manufactured products"means items and
construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and
polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including
optical fiber; and lumber.
(0)Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
Contractor and subcontractor must comply with 2 C.F.R 200.216 which prohibits the obligating or
expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or
enter into a contract to procure or obtain equipment, services, or systems that uses equipment produced by
Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities).
Video surveillance and telecommunications equipment produced by Hytera Communications corporation,
Hangzhou Hikvision Digital Technology Company,Dahua Technology Company, or any entity that the
Secretary of Defense reasonably believes to be an entity owned or controlled by, or connected to,the
government of a covered foreign country are also prohibited.
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(P)Disadvantaged Business Enterprise(DBE). Disadvantaged Business Enterprise. Contracts over
$3,500 awarded on the basis of a bid or proposal offering to use DBEs.
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations,Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE)is 10%. The recipient's overall goal for DBE participation is listed elsewhere. If a separate
contract goal for DBE participation has been established for this procurement, it is listed elsewhere.
b. The contractor shall not discriminate on the basis of race, color,religion,national origin or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part
26 in the award and administration of this contract. Failure by the contractor 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 municipal corporation deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph(see 49 CFR 26.13(b)).
c. If a separate contract goal has been established,Bidders/offerors are required to document sufficient
DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so,
as provided for in 49 CFR 26.53.
d. If no separate contract goal has been established,the successful bidder/offeror will be required to
report its DBE participation obtained through race-neutral means throughout the period of
performance.
e. The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor's receipt of payment
for that work from the recipient. In addition,the contractor may not hold retainage from its
subcontractors or must return any retainage payments to those subcontractors within 30 days after the
subcontractor's work related to this contract is satisfactorily completed or must return any retainage
payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's
work by the recipient and contractor's receipt of the partial retainage payment related to the
subcontractor's work.
f. The contractor must promptly notify the recipient whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work, and must make good faith efforts to
engage another DBE subcontractor to perform at least the same amount of work. The contractor may
not terminate any DBE subcontractor and perform that work through its own forces or those of an
affiliate without prior written consent of the recipient.
(Q) Conflict of Interest. Contractor shall maintain written standards of conduct covering conflicts of
interest and governing the actions of its employees engaged in the selection, award, and administration of
contracts in conformance with 2 CFR 200.318(c). Contractor shall immediately disclose in writing to City
any potential conflict of interest affecting the awarded funds in accordance with 2 CFR 200.112. The
contractor shall comply with all applicable conflicts of interest laws including N.C.G.S. § 133-32 and 23
C.F.R. § 1.33.
The contractor does hereby certify that it has not entered into and, during the lifetime of the contract,will
not enter into any agreement with a third-party affording the contractor, or any subcontractors that they
may hire,with any direct or indirect financial interest in the outcome of the project, except with regard to
the project development,human and natural environmental and/or engineering services associated with
this contract.
(i) Pursuant to N.C.G.S. § 133-1,the contractor will not knowingly specify building materials,
equipment, or other items that are manufactured, sold or distributed by any firm or corporation in
which the designer has a financial interest.
(ii) Pursuant to N.C.G.S. § 133-2,the contractor will not employ or allow manufacturers or their
UGCCFF—Page 6 of 7 10.06.22-Cao
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representatives or agents to write,plan, draw, or make specifications for such public works.
(iii) The contractor does hereby certify that it does not have any potential conflict of interest with any
entity involved with the project. Any potential conflict of interest shall be disclosed immediately to
the City.
(R)Determination of allowable costs in accordance with the Federal cost principles. The contractor
agrees to comply with established principles and standards for determining costs incurred under the
contract pursuant to the cost principles established for state and local governments pursuant to OMB
Circular A-87 Revised.
(End of Uniform Guidance Contract Clauses for Federal Funding)
UGCCFF—Page 7 of 7 10.06.22-Cao
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Executive Summary
The Executive Summary is a summation of this agreement and is not intended to be used
as the agreement between the Department (North Carolina Department of Transportation)
and the Party (Entity).
Entity: City of Greensboro County: Guilford
TIP: U-5842
Project: Pisgah Church Road and Elm Street Intersection Improvements
Scope: improvements and constructing turn lanes, medians, sidewalks, signal modifications and
bike lanes at Pisgah Church Road (non-system) and North Elm Street (non-system) in Greensboro.
Eligible Activities:
Design
PE 54042.1.1
Environmental
ROW Acquisition
ROW 54042.2.2
Utility Relocation
CON 54042.3.FD1 Construction
OTHER STP-0708(088)
FEDERAL-AID
Fund Source Federal Funds Reimbursement Non-Federal Non-Federal
Amount Rate Match $ Match Rate
STP-DA $744,000 80 % $186,000 20 %
Total Available Funding $930,000
Responsibility: The City of Greensboro shall be responsible for all aspects of the project.
Agreement ID# 11619
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NORTH CAROLINA LOCALLY ADMINISTERED PROJECT -
FEDERAL
GUILFORD COUNTY
DATE: 8/7/2023
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
TIP#: U-5842
AND WBS Elements: PE 54042.1.1
ROW 54042.2.2
CITY OF GREENSBORO CON 54042.3.FD1
OTHER FUNDING: STP-0708(088)
FEDERAL-AID NUMBER:
CFDA#: 20.205
Total Funds [NCDOT Participation] $744,000
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 City of Greensboro, hereinafter referred to as the
"Municipality".
WITNESSETH:
WHEREAS, the Infrastructure Investment and Jobs Act (IIJA) allows for the allocation of federal funds
to be available for certain specified transportation activities; and,
WHEREAS, the Municipality has requested federal funding for Pisgah Church Road and Elm Street
Intersection Improvements, hereinafter referred to as the Project, in Guilford County, North Carolina;
and,
WHEREAS, this Agreement supersedes agreement#6250 executed on 9/12/2016; and,
WHEREAS, subject to the availability of federal funds, the Municipality 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$744,000 for the Project; and,
WHEREAS, the Department has agreed to administer the disbursement of said funds on behalf of
FHWA to the Municipality 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,
Agreement ID# 11619 1
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WHEREAS, the governing board of the Municipality has agreed to participate in certain costs and to
assume certain responsibilities in the manner and to the extent as hereinafter set out; and,
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 workforces,
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 Municipality 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 Municipality
and/or its contractors and agents. The Department will provide technical oversight to guide the
Municipality. The Department must approve any assignment or transfer of the responsibilities of
the Municipality set forth in this Agreement to other parties or entities.
PERSON IN RESPONSIBLE CHARGE
The Municipality 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:
Agreement ID# 11619 2
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■ Administer governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal-aid
projects;
■ 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 Municipality, but the duties
may be split among several employees, if necessary.
COMPLIANCE WITH STATE/FEDERAL POLICY
The Municipality, 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
Failure on the part of the Municipality 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.
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2. SCOPE OF PROJECT
The Project consists of improvements and constructing turn lanes, medians, sidewalks, signal
modifications and bike lanes at Pisgah Church Road (non-system) and North Elm Street (non-
system) in Greensboro.
The Department's funding participation in the Project shall be restricted to the following eligible
items:
■ Design
■ Environmental Documentation
■ ROW Acquisition
■ Construction
as further set forth in this Agreement.
3. FUNDING
PROGRAMMING AND AUTHORIZATION OF FEDERAL FUNDS
The funding currently programmed for the project in the State Transportation Improvement
Program (STIP) is STP-DA. The funding source may be modified with the coordination and
approval of the respective Metropolitan Planning Organization (MPO) and/or the Department prior
to authorization of funds. The Department will authorize and reimburse federal funding based on
the type of federal funding that is programmed in the STIP at the time of the authorization
request. The Department will notify the Municipality of the type of federal funds authorized by
issuing a Technical Amendment— Funds Authorization letter. A modification in the source of
funds will have no effect on project responsibilities outlined in this agreement.
REIMBURSEMENT FOR ELIGIBLE ACTIVITIES
Subject to compliance by the Municipality 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 Municipality up to a maximum amount of Seven Hundred Forty-Four Thousand Dollars
($744,000), as detailed below. The Municipality shall provide the non-federal match, as detailed
in the FUNDING TABLE below, and all costs that exceed the total available funding.
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FUNDING TABLE
Fund Source Federal Funds Reimbursement Non-Federal Non-Federal
Amount Rate Match $ Match Rate
STP-DA $744,000 80% $186,000 20%
Total Available Funding $930,000
WORK PERFORMED BY NCDOT
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 Municipality under this Agreement. The Department will set aside,
but is not limited to, ten percent (10%)of the total available funding, or$93,000, to use towards
the costs related to review and oversight of this Project. These costs may include but are not
limited to: review and approval of plans, environmental documents, contract proposals, and
engineering estimates; performance of any phase of work, for example, contract administration or
construction engineering and inspection; oversight of any phases; or any other items as needed
to ensure the Municipality'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 Municipality at the above reimbursement rate.
For all costs of work performed on the Project, whether incurred by the Municipality or by the
Department, the Municipality shall provide the non-federal match. The Department will bill the
Municipality for the non-federal match of any costs that the Department incurs on the Project and
for any costs that exceed the total available funding.
4. PERIOD OF PERFORMANCE
The Municipality has five (5)years to complete all work outlined in the Agreement from the date
of authorization of Federal funds for the initial phase of work. Completion for this Agreement is
defined as completion of all construction activities or implementation activities, acceptance of the
project, and submission of a final reimbursement package to the Department.
If additional time is needed to complete the Project, then a supplemental agreement must be
executed. The Department and/or FHWA reserves the right to revoke the funds awarded if the
Municipality is unable to meet milestone dates included herein.
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5. PRELIMINARY ENGINEERING AUTHORIZATION
If Preliminary Engineering is an eligible expense, then upon receipt of an executed agreement,
the Department will authorize Preliminary Engineering funds and shall notify the Municipality, in
writing, once funds have been authorized and can be expended. The Municipality shall not
initiate any work, nor solicit for any professional services prior to receipt of written authorization
from the Department to proceed. Any work performed, or contracts executed, prior to receipt of
written authorization to proceed will be ineligible for reimbursement.
6. PROFESSIONAL AND ENGINEERING SERVICES
The Municipality shall comply with the policies and procedures of this provision if the Municipality
is requesting reimbursement for the Preliminary Engineering contract or the Construction
Contract Administration /Construction Engineering and Inspection contract.
PROCUREMENT POLICY
When procuring professional services, the Municipality must adhere to Title 2 Code of Federal
Regulations Part 200; Title 23 of the Code of Federal Regulations, Part 172; Title 40 United
States Code, Chapter 11, Section 1101-1104; NCGS 143-64.31; and the Department's Policies
and Procedures for Major Professional or Specialized Services Contracts. Said policies and
standards are incorporated in this Agreement by reference at
www.fhwa.dot.gov/legsregs/legislat.html and www.ncleg.net/gascripts/Statutes/Statutes.asp.
■ The Municipality shall ensure that a qualified firm is obtained through an equitable
selection process, and that prescribed work is properly accomplished in a timely manner
and at a just and reasonable cost.
■ All Professional Services Firms shall be pre-qualified by the Department in the Work
Codes advertised.
■ A pre-negotiation audit will be conducted by the Department's External Audit Branch.
The Municipality shall not execute a consultant contract until the Department's review has
been completed.
SMALL PROFESSIONAL AND ENGINEERING SERVICES FIRMS REQUIREMENTS
Any contract entered into with another party to perform work associated with the requirements of
this Agreement shall contain appropriate provisions regarding the utilization of Small Professional
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Services Firms (SPSF). This policy conforms with the SPSF Guidelines as approved by the
North Carolina Board of Transportation.
■ The Municipality shall not advertise nor enter into a contract for services performed as
part of this Agreement, unless the Department provides written approval of the
advertisement or the contents of the contract.
■ If the Municipality fails to comply with these requirements, the Department will withhold
funding until these requirements are met.
WORK BY ENTITY
If the Design, Planning, Contract Administration and/or Construction Engineering and Inspection
required for this project will be undertaken by the Municipality, and the Municipality requests
reimbursement, then the Municipality must submit a request and supporting documentation to the
Department for review and approval, prior to any work being initiated by the Municipality.
7. PLANNING / ENVIRONMENTAL DOCUMENTATION
The Municipality 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 Municipality 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 Municipality 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 Municipality shall design and implement a mitigation plan. The
Department will determine if any mitigation costs are eligible for reimbursement. The
Municipality shall bear all costs associated with penalties for violations and claims due to
delays.
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■ The Municipality shall be responsible for designing an erosion control plan if required by
the North Carolina Sedimentation Pollution Control Act of 1973, NCGS 113A, Article 4,
incorporated in this Agreement by reference at
www.ncleg.net/gascripts/Statues/Statutes.asp and obtaining those permits required
thereby in order to construct the Project. During the construction of the improvements,
the Municipality, and its contractors and agents, shall be solely responsible for
compliance with the provisions of said Act and the plan adopted in compliance therewith.
8. DESIGN
CONTENT OF PLAN PACKAGE
The Municipality, and/or its agent, shall prepare the Project's plans, specifications, and a
professional estimate of costs (PS&E package), in accordance with the Department's guidelines
and procedures, and applicable Federal and State standards. All work shall be submitted to the
Department for review and approval. The plans shall be completed to show the design, site
plans, landscaping, drainage, easements, and utility conflicts.
9. RIGHT OF WAY/ UTILITY AUTHORIZATION
If the costs of right of way acquisition or utility relocation are an eligible expense, the Municipality
shall submit a letter of request to the Department to authorize and set up right of way and/or utility
funding. The acquisition for right of way, construction easements, and/or utility relocation may be
undertaken only after the Municipality receives written authorization from the Department to
proceed.
10.PROJECT LIMITS AND RIGHT OF WAY (ROW)
The Municipality shall comply with the policies and procedures of this provision regardless of
whether the Municipality is requesting reimbursement for the Right of Way phase of the Project.
SPONSOR PROVIDES ROW
The Municipality, at no liability whatsoever to the Department, shall be responsible for providing
and/or acquiring any required ROW and/or easements for the Project.
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ROW GUIDANCE
The Municipality shall accomplish all ROW activities, including acquisition and relocation, in
accordance with the following: Title 23 of the Code of Federal Regulations, Part 710, Subpart B
and Title 49 of the Code of Federal Regulations, Part 24, [Uniform Act] incorporated by reference
at www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm; NCGS, Chapter 133, Article 2, Sections
133-5 through 133-18, Relocation Assistance, incorporated by reference at
www.ncleg.net/gascripts/Statutes/Statutes.asp; and the North Carolina Department of
Transportation Right of Way Manual.
APPRAISAL
The Municipality shall submit the appraisal to the Department for review and approval in
accordance with Departmental policies and procedures.
CLEARANCE OF PROJECT LIMITS / ROW
The Municipality shall remove and dispose of all obstructions and encroachments of any kind or
character(including hazardous and contaminated materials)from said ROW, with the exception
that the Municipality shall secure an encroachment agreement for any utilities (which shall remain
or are)to be installed within the Department's ROW, or follow other applicable approval process,
for utilities within the Municipality's ROW. The Municipality shall indemnify and save harmless
the Department, Federal Highway Administration, and the State of North Carolina, from any and
all damages and claims for damages that might arise on account of said right of way acquisition,
drainage, and construction easements for the construction of said Project. The Municipality shall
be solely responsible for any damages caused by the existence of said material now and at any
time in the future and will save the Department harmless from any legal actions arising as a result
of this contaminated and/or hazardous material and shall provide the Department with
documentation proving the proper disposal of said material.
RELOCATION ASSISTANCE
The Municipality shall provide relocation assistance services and payments for families,
businesses, and non-profit organizations being displaced by the Project in full accordance with
the Federal relocation requirements of Title 49 Code of Federal Regulations, Part 24 [Uniform
Act], as amended. Relocation assistance services and payments may be accomplished by
contract with any other municipal corporation, or State or Federal agency, rendering such
services upon approval by the Department and Federal Highway Administration.
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11.UTILITIES
The Municipality, and/or its agent, at no liability to the Department, shall relocate, adjust, relay,
change or repair all utilities in conflict with the Project, regardless of ownership. All utility work
shall be performed in a manner satisfactory to and in conformance with State and Federal rules
and regulations, prior to Municipality beginning construction of the project. This Agreement does
not modify or supersede any existing Utility Encroachment Agreements that may be in place.
12.RIGHT OF WAY / UTILITY / RAILROAD CERTIFICATION
The Municipality, upon acquisition of all right of way/property necessary for the Project, relocation
of utilities, and coordination with the railroad shall provide the Department all required
documentation (deeds/leases/easement/plans/agreements)to secure certification. Certification is
only issued after all ROW is in public ownership or property is publicly accessible by a legal
document; utilities in conflict with the project are relocated, or a plan for their relocation during
construction has been approved; and coordination with the railroad (if applicable) has occurred
and been documented.
13.CONTRACT PROPOSAL AND ENGINEER'S ESTIMATE
CONTRACT PROPOSAL
The Municipality shall develop a contract proposal that will be advertised for bids. The proposal
shall comply with NCDOT Specifications and Standard Drawings as applicable to the Project.
The proposal shall also contain provisions, as applicable, per Title 23 Code of Federal
Regulations 633 and 635 to include, but not be limited to: FHWA 1273, Buy America, Davis-
Bacon Wage Rates, Non-discrimination, DBE Assurances, Contractor Certification regarding
suspension and debarment, and other provisions as required by the Department.
ENGINEER'S ESTIMATE
The Municipality shall develop an itemized engineer's estimate to show items referenced to the
NCDOT Standard Specifications, if applicable, along with units and unit price. The engineer's
estimate will be used as the basis for comparing bids received.
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14.CONSTRUCTION AUTHORIZATION
The Municipality shall submit the required environmental and/or planning document, ROW
certification, final construction plans, total contract proposal, and an estimate of Project costs
(final PS&E package)to the Department for review and approval.
■ After approval of all documentation, the Department will request construction
authorization from the Federal Highway Administration.
■ The Municipality shall not advertise for bids prior to receiving written construction
authorization from the Department.
15.CONTRACTOR PROCUREMENT
ADVERTISE FOR BIDS
Upon receipt of written construction authorization from the Department, the Municipality may
advertise the Project. The Municipality shall follow applicable Federal and/or State procedures
pertaining to the advertisement of the Project, bid opening, and award of the contract, according
to Title 2 of the Code of Federal Regulations, Part 200 and Title 23 of the Code of Federal
Regulations, Part 633 and Part 635, incorporated by reference at
www.fhwa.dot.gov/legsregs/directives/fapgtoc.htm; and NCGS, Chapter 143, Article 8 (Public
Contracts), incorporated by reference at www.ncleg.net/gascripts/Statutes/Statutes.asp.
CONSTRUCTION CONTRACTOR REQUIREMENTS
All Contractors submitting bids on the project shall be pre-qualified by the Department. All
proposed subcontractors must be pre-qualified before construction work begins. Any
subcontractors who are proposed to meet the Disadvantaged Business Enterprise goal must be
certified by the Department.
CONSTRUCTION SUBCONTRACTOR REQUIREMENTS
Any contract entered into with another party to perform work associated with the requirements of
this Agreement shall contain appropriate provisions regarding the utilization of Disadvantaged
Business Enterprises (DBEs), or as required and defined in Title 49 of the Code of Federal
Regulations, Part 26 and the North Carolina Administrative Code. These provisions are
incorporated into this Agreement by reference
https://connect.ncdot.gov/projects/Contracts/Pages/LGA-Prolects.aspx.
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■ The Municipality shall not advertise nor enter into a contract for services performed as
part of this Agreement, unless the Department provides written approval of the
advertisement or the contents of the contract.
■ If the Municipality fails to comply with these requirements, the Department will withhold
funding until these requirements are met.
AWARDING CONTRACT
After the advertisement of the Project for construction bids, the Municipality shall request
concurrence from the Department to award the construction contract by submitting a letter along
with tabulated bids received depicting Disadvantaged Business Enterprises (DBE)goals, and a
resolution recommending award of the Project to the lowest responsible, responsive bidder. The
Department will review the submitted information and provide written approval to the Municipality
prior to the contract being awarded by the Municipality.
DELAY IN PROCUREMENT
In the event the Project has not been let to contract within six (6) months after receiving
construction authorization from the Department, the Municipality shall be responsible for
documenting to the Department justification for project delay and that the Project remains in
compliance with the terms of this Agreement, the approved plans and specifications, and current
codes.
FORCEACCOUNT
Force account work is only allowed when there is a finding of cost effectiveness for the work to be
performed by some method other than a contract awarded by a competitive bidding process, or
there is an emergency. Written approval from the Department is required prior to the use of force
account by the Municipality. Federal Highway Administration regulations governing Force
Account are contained in Title 23 Code of Federal Regulations, Part 635.201, Subpart B; said
policy being incorporated in this Agreement by reference
www.fhwa.dot.gov/legsregs/directives/cfr23toc.htm. North Carolina General Statutes governing
the use of Force Account, Chapter 143, Article 8 (Public Contracts) can be found at
www.ncleg.neVqascripts/Statutes/Statutes.asp.
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M CONSTRUCTION
The Municipality, and/or its agents shall construct the Project in accordance with the plans and
specifications of the Project as filed with, and approved by, the Department. During the
construction of the Project, the procedures set out below shall be followed:
CONSTRUCTION CONTRACT ADMINISTRATION
The Municipality shall comply with the NCDOT Construction Manual as referenced at
http://www.ncdot.org/doh/operations/dp%5Fchief%5Feng/constructionunit/formsmanuaIs/construc
tion/, which outlines the procedures for records and reports that must be adhered to in order to
obtain uniformity of contract administration and documentation. This includes, but is not limited
to, inspection reports, material test reports, materials certification, documentation of quantities,
project diaries, and pay records. The Municipality, and/or its agent, shall perform the construction
engineering, sampling and testing required during construction of the Project, in accordance with
Departmental procedures, including the Department's Guide for Process Control and Acceptance
Sampling and Testing. The Municipality shall document that said compliance was accomplished
in accordance with State and Federal procedures, guidelines, standards and specifications.
RETAINAGE
The Municipality shall not retain any portion of a payment due the contractor.
SIGNAGE
The Municipality shall provide and maintain adequate signage and other warning devices for the
protection of the public in accordance with the approved traffic control plans for the Project and
the current edition of the Manual on Uniform Traffic Control Devices (MUTCD)for Streets and
Highways, or any subsequent revision of the same, published by the Federal Highway
Administration and effective at the time of award of the contract.
SITE LAYOUT
The Municipality shall be responsible for ensuring that all site layout, construction work, and
Project documentation are in compliance with applicable city, state and federal permits,
guidelines, and regulations, including American Association of State Highway and Transportation
Officials (AASHTO) guidelines and Americans with Disabilities Act(ADA) Standards for
Accessible Design (www.usdow.gov/crt/ada/stdspdf.htm).
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RIGHT TO INSPECT
The Department and representatives of the Federal Highway Administration shall have the right
to inspect, sample or test, and approve or reject, any portion of the work being performed by the
Municipality or the Municipality's contractor to ensure compliance with the provisions of this
Agreement. Prior to any payment by the Department, any deficiencies inconsistent with approved
plans and specifications found during an inspection must be corrected.
CONTRACTOR COMPLIANCE
The Municipality will be responsible for ensuring that the contractor complies with all of the terms
of the contract and any instructions issued by the Department or FHWA as a result of any review
or inspection made by said representatives.
CHANGE ORDERS
If any changes in the Project plans are necessary, the Department must approve such changes
prior to the work being performed.
SHOP DRAWINGS
Shop Drawings shall be submitted in accordance with the approved plans and specifications and
may require review by the Designer.
17.CLOSE-OUT
Upon completion of the Project, the Municipality shall be responsible for the following:
FINAL INSPECTION
The Municipality shall arrange for a final inspection by the Department. Any deficiencies
determined during the final field inspection must be corrected prior to final payment being made
by the Department to the Municipality. Additional inspection by other entities may be necessary
in accordance with the Department's guidelines and procedures. The Municipality shall provide
the Department with written evidence of approval of completed project prior to requesting final
reimbursement.
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FINAL PROJECT CERTIFICATION
The Municipality will provide a certification to the Department that all work performed for this
Project is in accordance with all applicable standards, guidelines, and regulations.
18.MAINTENANCE
The Municipality, at no expense or liability to the Department, shall assume all maintenance
responsibilities for the Pisgah Church Road and Elm Street Intersection Improvements, or as
required by an executed encroachment agreement.
19.REIMBURSEMENT
SCOPE OF REIMBURSEMENT
Activities eligible for funding reimbursement for this Project shall include:
■ Design
■ Environmental Documentation
■ ROW Acquisition
■ Construction
REIMBURSEMENT GUIDANCE
The Municipality shall adhere to applicable administrative requirements of Title 2 Code of Federal
Regulations, Part 200 (www.fhwa.dot.gov/legsreqs/directives/fapgtoc.htm) "Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards."
Reimbursement to the Municipality 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 by reference at www.fhwa.dot._qov/legsreqs/directives/fapgtoc.htm. Reimbursement
to the Municipality shall be subject to the guidance contained in Title 2 Code of Federal
Regulations, Part 170 (http://edocket.access.qpo.gov/2010/pdf/2010-22705.pdf)and Office of
Management and Budget(OMB)"Federal Funding Accountability and Transparency Act'
(FFATA). Said reimbursement shall also be subject to the Department being reimbursed by the
Federal Highway Administration and subject to compliance by the Municipality with all applicable
federal policy and procedures.
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REIMBURSEMENT LIMITS
■ WORK PERFORMED BEFORE NOTIFICATION
Any costs incurred by the Municipality 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 Municipality costs that exceed the total
funding per this Agreement and any Supplemental Agreements.
■ UNSUBSTANTIATED COSTS
The Municipality 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
$744,000 available to the Municipality under this Agreement. The Department will bill the
Municipality for the non-federal match of any costs that the Department incurs on the
Project and for any costs that exceed the total available funding.
■ CONSTRUCTION ADMINISTRATION
Reimbursement for construction contract administration will be made as governed by
Departmental policy that limits reimbursement for construction contract administration to
no more than fifteen (15%) percent of the actual construction contract of the Project.
These costs will also include any cost overruns and charges to the Project by the
Department during the Construction Phase.
■ CONSTRUCTION CONTRACT UNIT PRICES
Reimbursement for construction contract work will be made on the basis of contract unit
prices in the construction contract and any approved change orders.
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■ RIGHT OF WAY
Reimbursement will be limited to the value as approved by the Department. Eligible
costs for reimbursement of Right of Way Acquisition include: realty appraisals, surveys,
closing costs, and the agreed upon just compensation for the property, at the
reimbursement rate as shown in the FUNDING TABLE.
■ FORCEACCOUNT
Invoices for force account work shall show a summary of labor, labor additives,
equipment, materials and other qualifying costs in conformance with the standards for
allowable costs set forth in 2 CFR 200 "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards." Reimbursement shall be based
on actual eligible costs incurred with the exception of equipment owned by the
Municipality or its Project partners. Reimbursement rates for equipment owned by the
Municipality or its Project partners cannot exceed the Department's rates in effect for the
time period in which the work is performed.
BILLING THE DEPARTMENT
• PROCEDURE
The Municipality may bill the Department for eligible Project costs in accordance with the
Department's guidelines and procedures. Proper supporting documentation shall
accompany each invoice as may be required by the Department. By submittal of each
invoice, the Municipality 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 Municipality is responsible for submitting the FFATA
Subrecipient Information Form, which is available at
https://connect.ncdot.gov/municipalities/Funding/Pages/default.aspx.
■ INTERNAL APPROVALS
Reimbursement to the Municipality shall be made upon approval of the invoice by the
Department's Financial Management Division.
■ TIMELY SUBMITTAL OF INVOICES
The Municipality 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
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Municipality 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.
20.REPORTING REQUIREMENTS AND RECORDS RETENTION
PROJECT EVALUATION REPORTS
The Municipality 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 Municipality 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 Municipality shall make such materials available at its office
and 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.
21.OTHER PROVISIONS
REFERENCES
It will be the responsibility of the Municipality 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.
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INDEMNIFICATION OF DEPARTMENT
The Municipality 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
Municipality 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 Municipality 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.
OTHER AGREEMENTS
The Municipality is solely responsible for all agreements, contracts, and work orders entered into
or issued by the Municipality for this Project. The Department is not responsible for any
expenses or obligations incurred for the Project except those specifically eligible for the 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.
Agreement ID# 11619 19
DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A
57
IMPROPER USE OF FUNDS
Where either the Department or the FHWA determines that the funds paid to the Municipality for
this Project are not used in accordance with the terms of this Agreement, the Department will bill
the Municipality.
TERMINATION OF PROJECT
If the Municipality decides to terminate the Project without the concurrence of the Department, the
Municipality shall reimburse the Department one hundred percent(100%)of all costs expended
by the Department and associated with the Project.
AUDITS
In accordance with 2 CFR 200 "Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards," Subpart F—Audit Requirements, and the Federal Single
Audit Act Amendments of 1996, the Municipality shall arrange for an annual independent financial
and compliance audit of its fiscal operations. The Municipality 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 Municipality's fiscal year ends.
REIMBURSEMENT BY MUNICIPALITY
For all monies due the Department as referenced in this Agreement, reimbursement shall be
made by the Municipality to the Department within sixty (60) days of receiving an invoice. A late
payment penalty and interest shall be charged on any unpaid balance due in accordance with
NCGS 147-86.23.
USE OF POWELL BILL FUNDS
If the other party to this agreement is a Municipality and fails for any reason to reimburse the
Department in accordance with the provisions for payment hereinabove provided, NCGS 136-
41.3 authorizes the Department to withhold so much of the Municipality's share of funds allocated
to Municipality by NCGS 136-41.1, until such time as the Department has received payment in
full.
Agreement ID# 11619 20
DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A
58
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(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,
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).
22.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# 11619 21
DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A
59
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 Municipality.
Agreement ID# 11619 22
DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A
60
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: CITY OF GREENSBORO
DocuSigncd W DocuSigned by:
BY: F
I�. th,4 BY: NU S
TITLE: City Clerk TITLE: Assistant City Manager
DATE: 11/11/2023 1 1:25 PM EST
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 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.
❑ocuSigned by: This Agreement has been pre-audited in the manner
required by the Local Government Budget and Fiscal
r Control Act.
i FA
DocuSigned by:
#,#, U W4414,
(SEAL) (FINANCE OFFICER)
Federal Tax Identification Number
56-6000230
City of Greensboro
Remittance Address:
PO Box 3136
Greensboro, NC 27402
DEPARTMENT OF TRANSPORTATION o5
OocuSigned by:
BY: ar
EFIIEAF2524 443...
DATE: 11/29/2023
os
APPROVED BY BOARD OF TRANSPORTATION ITEM O: 9/7/2023 (Date)
Agreement ID# 11619 23
DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A
61
City of Greensboro
Contract Signature Authorization Sheet
GREENSBORO
Signatures
Department Head Recommendation/Authorization:
DocuSigned by:
La,3— Transportation Director
e-Signature Title
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
DocuSigned hy:
[A Deputy Finance Officer
Finance's Office: A�ssEara2o�545D...
e-Signature Title
DocuSigned by:
Approved as to form: b Deputy city Attorney
City Attorney's Office: �,zRo„�� ,
e-Signature Title
DocuSigned by:
Authorized: Assistant City Manager
City Manager's Office:
e-Signature Title
DocuSigned by:
Attested: Fk�
th�� city clerk
City Clerk's Office:
757F75E2A3CE4�C...
e-Signature Title
City Clerk's Stamp:
❑ocu5igned by:
DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A
62
ITEM It 2023 12 4 AGENDA ITEM#
RESOLUTION# 949-oJ
BOOK&PAGE#
COUNCIL SIGNATURE
RESOLUTION AUTHORIZING SUPPLEMENTAL AGREEMENT#I IN THE AMOUNT OF
$750,000 WITH NC DEPARTMENT OF TRANSPORTATION FOR U-5842 ELM-PISGAH
CHURCH INTERSECTION IMPROVEMENTS PROJECT
WHEREAS,project U-5842 will construct intersection improvements at the intersection of
North.Elm Street and Pisgah Church Road in Greensboro;
WHEREAS,the project was selected for funding by NCDOT in 2015 after Transportation
Advisory Committee submittal;
WHEREAS,the project was put on hold to better assess future traffic needs and patterns
following the opening of the Urban Loop,
WHEREAS, it has since been determined that the project is necessary and the City will
implement the project with NCDOT reimbursing 80%of costs;
WHEREAS, Supplemental Agreement 41 provides sufficient funding to cover estimated design
costs and specifies terms the City will have to comply with in order to obtain reimbursement;
WHEREAS, a future supplemental agreement will provide additional funding to support the
right of way and construction phase; and
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GREENSBORO:
That said supplemental agreement is hereby approved by the City Council of the City of
Greensboro and the City Manager is hereby empowered to sign and execute Supplemental
Agreement#I with the NCDOT for U-5842 Elm-Pisgah Church Intersection Improvements.
THE FOREGOING RESOLUTION WAS ADOPTED
BY THE CITY COUNCIL OF THE CITY OF
GREENSBORO ON THE 17th DAY
OF OCTOBER 2023. APPROVED AS TO FORM
dw'j �91
CITY C RK A4—
DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A
63
ITEM#2023 - .Jr AGENDA ITEM# Gt. 4.
ORDINANCE# - 135
BOOK &PAGE#
COUNCIL SIGNATURE
ORDINANCE IN THE AMOUNT OF$750,000 ESTABLISHING THE BUDGET FOR
SUPPLEMENTAL AGREEMENT#1 WITH NC DEPARTMENT OF TRANSPORTATION
FOR U-5842: ELM-PISGAH CHURCH INTERSECTION MPROVEMENTS PROJECT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENSBORO:
Section 1:
That the appropriation for the Project U-5842: Elm-Pisgah Church Intersection Improvements
Project Budget be established as follows:
Account Description Amount
401-45-4599158.5410 Professional Services-Capital Projects $750,000
And, that this appropriation be financed by establishing the following Project U-5842:Elm--
Pisgah Church Intersection Improvement Project revenue accounts;
Account Description Amount
401-45-4599158.7100 Federal Grant $600,000
401-45-4599158.9481 Local Matching Funds $150,000
TOTAL $750,000
Section 2:
And,that this ordinance should become effective upon adoption.
THE FOREGOING ORDINANCE WAS ADOPTED
BY THE CITY COUNCIL OF THE CITY OF
GREENSBORO ON THE 17"DAY
OF OCTOBER 2023 AND BECOME
EFFECTIVE IMMEDIATELY. APPROVED AS TO FORM
ANGELA R. LORDI$!
CITY CLERK ATY /�TTORNVEY
DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A
64
GREENSBORO
NORTH CAROLINA
TRANSPORTATION
October 20, 2023
TO: Taiwo Jaiyeoba, City Manager
FROM: Hanna Cockburn, Director
SUBJECT: For Approval—Agreement with NCDOT for U-5842 Elm-Pisgah
Church Intersection Improvement Project
Background:
Attached for your signature is an Agreement with NCDOT for U-5842 Elm-Pisgah Church
Intersection Improvement Project. This agreement establishes federal PE, right-of-way and
construction funds for the project.
The project will make intersection improvements at the intersection of North Elm Street and Pisgah
Church Road. The project was initially selected for funding by NCDOT after being submitted by
the Transportation Advisory Committee for funding consideration in 2015. An original municipal
agreement, authorized by City Council in 2016, provided for NCDOT to implement the project,
with the City paying the Department the required local match. The project was put on hold until
recently to be able to better assess future traffic needs following the opening of the Urban Loop,
which has had significant effects on Pisgah Church and Elm Street traffic patterns. The project has
since been assigned to the City to implement.
The project completion date will be 5 years from first authorization of federal funds.
Requested Action: Execution of the attached agreement.
Financial Impacts:
80% federal funds of$600,000 in account#401-45-4599158.7100
20% local funds of$150,000 in account#410-45-4599158.9481
HC
Attachment
Cc: Stephen Carter
PO BOX 3136 • GREENSBORO NC 27402-3136 - WWW.GREENSBORO-NC.GOV • 336-373-4368
TRANS 5207
65
DocuSign
Certificate Of Completion
Envelope Id: E5E3F6C3114045DC9EO4D9C3A4A5DE3A Status:Completed
Subject:29163 City of Greensboro Contract for U 5842 Elm Pisgah Church Intersection Improvement
Source Envelope:
Document Pages:28 Signatures:8 Envelope Originator:
Certificate Pages:3 Initials:0 Deidre Brown
AutoNav: Enabled Stamps:2 300 W Washington St
Envelopeld Stamping: Enabled Greensboro, NC 27401
Time Zone:(UTC-05:00)Eastern Time(US& Deidre.Brown@greensboro-nc.gov
Canada) IP Address:209.112.106.2
Record Tracking
Status:Original Holder: Deidre Brown Location: DocuSign
11/2/2023 10:06:05 AM Deidre.Brown@greensboro-nc.gov
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:City of Greensboro Location: DocuSign
Signer Events Signature Timestamp
Johanna Cockburn Dwuftned Eye� CC— Sent: 11/2/2023 10:14:14 AM
�"�'Johanna.Cockburn@greensboro-nc.gov — Viewed: 11/2/2023 10:16:11 AM
Transportation Director 15Fc85&UFEa4s1... Signed: 11/2/2023 10:16:20 AM
City of Greensboro
Security Level: Email,Account Authentication Signature Adoption: Drawn on Device
(None) Using IP Address:97.129.16.174
Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Anita Wilson Sent: 11/2/2023 5:28:21 PM
Anita.Wilson@greensboro-nc.gov [A+.zu
W4",' Viewed: 11/7/2023 8:35:29 AM
Deputy Finance Officer AMIE6702OF545D... Signed: 11/7/2023 8:35:56 AM
City of Greensboro
Signature Adoption: Pre-selected Style
Security Level: Email,Account Authentication
(None) Using IP Address:98.26.255.26
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
James Dickens °"u^"e'�v, Sent: 11/7/2023 8:35:59 AM
james.dickens@greensboro-nc.gov �J Viewed: 11/7/2023 3:06:19 PM
Deputy City Attorney Es7MBAMF4E6... Signed: 11/7/2023 3:06:25 PM
City of Greensboro
Signature Adoption: Uploaded Signature Image
Security Level: Email,Account Authentication
(None) Using IP Address:98.26.193.38
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nasha McCray DO.-$`ved In, Sent: 11/7/2023 4:14:20 PM
ednasha.mccray@greensboro-nc.gov [�F13&2440CWW407...
AS&A� �� Viewed: 11/11/2023 1:25:41 PM
Assistant City Manager Signed: 11/11/2023 1:25:55 PM
City of Greensboro
Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Using IP Address:98.26.130.225
Signed using mobile
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
66
Signer Events Signature Timestamp
Angela Lord �Om.$d"edby, Sent: 11/11/2023 1:25:58 PM
angela.lord@greensboro-nc.gov I EcV'Y-U IAr� Viewed: 11/13/2023 8:13:10 AM
City Clerk 757F75E2A_3CE41C... Signed: 11/13/2023 8:13:33 AM
City of Greensboro
Security Level: Email,Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address:38.83.140.9
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Finance VIEWED Viewed:
11/2/202310:16:21 AM
financedocusign@greensboro-nc.gov Viewed: 11/2/2023 5:28:14 PM
Interim Finance Director Completed: 11/2/2023 5:28:21 PM
City of Greensboro Using IP Address:38.83.140.8
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
CMO City Clerk Sent: 11/7/2023 3:06:28 PM
cmoandclerkdocusign@greensboro-nc.gov VIEWED Viewed: 11/7/2023 4:13:39 PM
Deputy City Clerk Completed: 11/7/2023 4:14:20 PM
City of Greensboro Using IP Address:38.83.140.8
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/2/2023 10:14:14 AM
Envelope Updated Security Checked 11/2/2023 5:28:21 PM
Envelope Updated Security Checked 11/2/2023 5:28:21 PM
Envelope Updated Security Checked 11/7/2023 4:14:19 PM
Envelope Updated Security Checked 11/7/2023 4:14:19 PM
Envelope Updated Security Checked 11/7/2023 4:14:19 PM
Envelope Updated Security Checked 11/7/2023 4:14:19 PM
Certified Delivered Security Checked 11/13/2023 8:13:10 AM
Signing Complete Security Checked 11/13/2023 8:13:33 AM
Completed Security Checked 11/13/2023 8:13:33 AM