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NC DOT MIDDLE SOUND GREENWAY TAP AWARD7 !� * II[MM I Z I ATITA W TRANSPORTATION M LOCALLY ADMINISTERED PROJECT - FEDERAL 1 • . a a so 1.1 •. 0 I'•l of 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 • North Carolina, hereinafter referred to as the "Department" and the New Hanover County, hereinafter referred to as the "County". JITA &A Z IILA�� ll",I,pi,efk)5A,676zuuun�MZ2-5rw,TluvfnTAWe-aatorr-rogreg-s-in—fffe-ZI-sTUentury (rfiAP-21) establishes the Transportation Alternatives Program (TAP), which requires that federal funds be available for certain specified transportation activities; and, not to exceed the maximum award amount of $90,000 for the Project; and, WHEREAS, the Department has agreed to administer the disbursement of said funds on behalf of witik"k HT U6 with the provisions set out in this Agreement; and, Program for the Project; and, assume certain responsibilities in the manner and to the extent as hereinafter set out; and, W,reement ID # 4851 ;1=1114 implemented. Supplemental Agreement. 1 -11 691ff-MsponSIDie Marge 15T Me r-roject, in 2ccordance with Title 23 of the Code of Federal Regulations, Part 635.105. The person, or �,ersons, shall be expected to: Administer governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal-aid projects; .T u•' • . a !I- 1' split among several employees, if necessary. 110: ri7r comply with all applicable Federal and State policies and procedures, stated both in this A�g,reement and in the DeRartment's guidelines and Qrocedures, includinaffr_.LA9mQ2vR&—,mq Management Handbook. Failure on the part of the County to comply with any of the provisions of this Agreement will be grounds for the Denartment to terminate narticipation in the costs of the Pro_�ect and if agqzt� seek repayment of any reimbursed funds. irw . 9-MRe- 'Wonstruction of a multi-use patff -aTo—ng rfi-idbTe—Sound Loop Road from Oyster Lane to the Middle Sound Village driveway. Agreement ID # 4851 3 Twiwg EWLNV�W_o 76 7 M items: a 0§11-1 . of as further set forth in this Agreement. Subject to compliance by the County with the provisions set forth in this Agreement and the I Thousand Dollars ($90,000), as detailed below. The County shall provide a local match, as detailed in the FUNDING TABLE below, and all costs that exceed the total estimated cost. 1;111 Fund Source Federal Funds I Reimbursement Non-Federal Non-Federal Amount Rate Match $ Match Rate TAP .$90,000 80% $22,500 20% Total Estimated Cost $112,500 4. TIME FRAME Agreement ID # 4851 4 The County shall complete the Project by 12/31/2016. Completion for this Agreement is defin f as completion of all construction activities, acceptance of the project, and submission of a I nai reimbursement package to the Department. unable to meet milestone dates included herein. o 'M The County shall comply Wth the policies and procedures of this provision if the County is Administration / Construction Engineering and Inspection contract. W The County 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 • ^ • . ^ 0 6 UMFEMMM3�� A pre-negotiation audit will be conducted by the De• artment's External Audit Branch. The County shall not execute a consultant contract until the Department's review has Any contract entered into with another party to perform work associated with the requirements of Services Finns (SPSF). This policy conforms with the SPSF Guidelines as approved by the North Carolina Board of Transportation. R MOMMMIM In required for this project will be undertaken by the County, and the County requests reimbursement, then the County must submit a request and supporting documentation to Ithe Department for review and approval, prior to any work being initiated by the County. The County shall be responsible for preparing and filing with all proper agencies the appropriate planning documents, including notices and applications required to apply for those permits necessary for the construction of the desired improvements. Copies of Agreement ID # 4851 6 If any permit issued requires that action be taken to mitigate impacts associated with the improvements, the County shall design and implement a mitigation plan. The Department will determine if any mitigation costs are eligible for reimbursement. The County shall bear MMM=l� submit a letter of request to the Department to authorize and set up right of way and/or utility funding. The acquisition for right • way, construction easements, and/or utility relocation may be undertaken only after the County receives written authorization from the Department to proceed. Z III F ELMO= The County, at no liability whatsoever to the Department, shall be responsible for providing and/or acquiring any required ROW and/or easements for the Project. W!,reement ID # 4851 IT If the costs of RO L-.6 10Aai'manis 6Aartmwital policies and procedures. m 4 =F-11 :?;1 � lei 4LO) A;j :101 *01 AATITT"K-1 =* M final construction plans, total contract proposal, and an estimate • Project costs (final PS&E package) to the Department for review and approval. MUM". I - I - • �7e,Tal - UF ILF it DT r www.ncleg.net/gascripts/Statutes/Statutes.asp. [si•] I! &I dairsi 097, • 11 -ET-Timm AD pill izi:4,711:42 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 certified by the Department. Xs] 2 [A 9 Z11IS4 097,90 1:19ie ZOMIN 1,0111 IN 4 J, 14 0 112gl=• #M 1 =-o UAIRM 410-151MM • F-11'a-11 :I I] I Z R1*1 Z 111 ZETA Agreement ID # 4851 10 ■ * ;, J ► In the event the Project has not been let to contract within six (6) months after receiving construction authorization from the Department, the County shall be responsible for documenting terms of this Agreement, the approved plans and specifications, and current codes. 0 ilk, 0 I I - - - rrrr MAW=! 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: Agreement I D # 4851 ! - . , . •. - S R- if _ . contract and any instructions issued by the Department or FHWA as a result of any review or inspection made by said representatives. prior to the work being performed. Z 4851 Shop Drawings shall be submitted in accordance with the approved plans and specificabons and may require review by the Designer. KOTT' 107E =-PTV=X"-.Vrff7T - - • - • I . lit in accordance with all applicable standards, guidelines, and regulations. 17. MAINTENANCE The County, at no expense or liability to the Department, shall assume all maintenance resgonsibilities for the Middle Sound vA? - 1 2greement. 18. REIMBURSEMENT M Mij I I - 30= Agreement ID # 4851 13 301FR, ITWrofl Me, REIMBURSEMENT LIMITS FIWJSUITIO�A,1111- A -t with the work shall not be eligible for reimbursement. A per this Agreement and any Supplemental Agreements. Agreement ID # 4851 14 �Tewo 17, M fl?-'ilsisici i. costs or any costs that have been deemed unallowable by the Federal Highway Administration and/or the Department's Financial Management Division. L • ,I !! • T prices in the construction contract and any approved change orders. 3 0 9 0 N fl 5 MATZ M 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 as shown in the FUNDING TABLE. �101 ftei Agreement ID # 4851 15 Reimbursement rates for equipment owned by the County or its Project partners cannot I --T[q9T1i*t:[4i1 WO ► A J, 3111119900TOT4_11M.-T� Information Form, which is available at httr)s://connect.ncdot.gov/municir)alities/Funding/Pacies/default.asr)x �Ilig:;Izlil Department's Financial Management Division. • 7E • once every six (6) months to keep the Project funds active and available. If the County is unable to invoice the Department, then they must provide an explanation. Failure to submit invoices or explanation may result in de-obligation of funds. All invoices associated with the Project must be submitted within six (6) months of the 'affnx! by the Department. Any invoices submitted after this time will not be eligible for reimbursement. Vigreement I D # 4851 16 WAZI4 M '77'Wr7; VS-1WrC-(GW1) M97MI 71� 1 a © run the Department's guidelines and procedures, that detail the toga® achieved to date for the Project. =10141;�Vidzl 1 0 . : * I :1 4;J # It will be the responsibility of the County to follow the current and4:» : recent edition of references- websw - !2eccations standards X- uidelines, recommendations-re2utatLom-q-?.-A4;- general statutes, as stated in this Agreement. - 1 1. - MMM177 NI 4L I e L 6 Carolina. to the extent allowed by law 4:= » and all claim for payment dam 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. Agreement ID # 4851 17 The County shall comply with Title VI • the Civil Rghts Act of 1964, (Title 4• 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. ♦ The County is solely responsible for all agreements, contracts, and work orders entered into or issued by the County for this Project. The Department is not responsible for any expenses or 2s approved • the Department under the terms • this Agreement. All terms and conditions of this Agreement are dependent upon, and, subject to the allocation of if funds cease to be available. Agreement ID # 4851 12 111111=101:j : a 1, 1 I A-rAM71Trt-1-r1 Pro;ect are not used in accordance with the terms of this AEreement the County. If the County decides to terminate the Project without the concurrence of the Department, the raa Wy-A91Lm- Department and associated with the Project. 1:4 4 1 Ji 1 -111 :Izi :4 Ti f dl[�* For all monies due the Department as referenced in this Agreement, reimbursement shall be made by the County to the Department within sixty (60) days of receiving an invoice. A late yl, NCGS 147-86.23. This Agreement contains the entire agreement between the parties and there are no ?-et forth herein. Agreement ID # 4851 19 understands its contents. FACSIMILE SIGNATURES 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. All terms and conditions of this Agreement are dependent upon, and subject to, the allocation of if funds cease to be available. IT IS 1ADEOTOOD ARD 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 the County. Agreement ID # 4851 20 DATE: —t 41ho- r!lri 111111illi 11,! 11pil li�i 11 1 wmml Will 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 • your organization. e Approved • �!l signature \.- - aLXjtIerk4qthe VISA r -k ID &CA on (Date) I APPROVED BY BOARD OF TRANSPORTATION ITEM 0: (Date) Agreement ID # 4851 21