FY19 NCDOT MARKET SIDEWALK AND MUPNORTH CAROLINA TRANSPORTATION IMPROVEMENT PROJECT —
COUNTY AGREEMENT WITH BETTERMENTS
NEW HANOVER COUNTY
DATE. 329/2018
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION
TIP #: U -4902D
AND WBS Elements: 4023&1A
40238.2.4
40238.3.4
40238.3.5
NEW HANOVER COUNTY
THIS COUNTY 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 New Hanover County, a local government entity,
hereinafter referred to as the 'County'.
WITNESSETH:
WHEREAS, the Department has plans to make certain street and highway constructions and
improvements within the County under Project U- 4902D, in New Hanover County; and.
WHEREAS, the Department and the County have agreed that the jurisdictional limits, as of the date of
the awarding of the contract for the construction of the above - mentioned project, are to be used in
determining the duties, responsibilities, rights and legal obligations of the parties hereto for the
purposes of this Agreement, 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 legislation. General Statutes of
North Carolina (NCGS), Section 136-66.1, Section 16OA -296 and 297, Section 136 -18. and Section 20-
169. to participate in the planning and construction of a Project approved by the Board of
Transportation for the safe and efficient utilization of transportation systems for the public good; and,
WHEREAS, the parties to this Agreement have approved the construction of said Project with cost
participation and responsibilities for the Project as hereinafter set out.
NOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of the
other as herein provided, . do hereby covenant and agree, each with the other, as follows
Agreement ID # 7753
ORIGINAL
SCOPE OF THE PROJECT
1, The Project consists of roadway improvements on US 17 Business (Market Street) from Lendire
Road to SR 2734 (Marsh Oaks Drive).
2. At the request of the County, and in accordance with the Department's Pedestrian Policy
Guidelines, the Department shall include provisions in its construction contract for the construction
of sidewalk on or along on US 17 (Market Street) from Middle Sound Loop Road to Marsh Oaks
Drive. The Department shall also include the following betterments: Construction of a multi -use
path. Said work shall be performed in accordance with the Department's policies, procedures,
standards, and specifications, and the following provisions.
PLANNING AND DESIGN
3. The Department shall prepare the environmental and /or planning document, and obtain any
environmental permits needed to construct the Project, and prepare the Project plans and
specifications needed to construct the Project. All work shall be done in accordance with
departmental standards, specifications, policies and procedures.
RIGHT OF WAY
4. The Department shall be responsible for acquiring any needed right of way required for the Project.
Acquisition of right of way shall be accomplished in accordance with the policies and procedures
set forth in the North Carolina Right of Way Manual.
5. It is understood by both parties that all work for the sidewalk betterment shall be performed within
the existing right of way. However, should it become necessary, the Department will notify the
County in advance if the sidewalk betterment will require additional right of way, the County, at no
expense or liability whatsoever to the Department, shall provide any needed right of way and or
construction easements for the construction of the sidewalk betterment, and remove from said
rights of way all obstructions and encroachments of any kind or character.
6. The County shall be responsible for all cost to acquire needed right of way and or construction
easements for the construction of the multi -use pathway betterment, as shown in Provision 12 B.
7. Acquisition of any needed right of way shall be performed in accordance with the following state
and federal policies and procedures, "Right of Way Acquisition Policy and Land Acquisition Policy,
contained in the Federal -Aid Policy Guide, Part 712, Subpart B ", and the North Carolina Right of
Way Manual (Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970).
Agreement ID # 7753
The Department shall be indemnified and held harmless from any and all damages and claims for
damages associated with the acquisition of any construction easements andlor right of way.
UTILITIES
It is understood that the publically -owned water and sewer lines are owned by Cape Fear Water
Authority; therefore a separate Utility Agreement will be prepared with Cape Fear Water Authority.
The County shall exercise any rights which it may have under any franchise to effect all necessary
changes, adjustments, and relocations of telephone, telegraph, and electric power lines,
underground cables, gas lines, and other pipelines or conduits; or any privately - or publicly -owned
utilities.
CONSTRUCTION
9. The Department shall construct, or cause to be constructed, the Project in accordance with the
plans and specifications of said Project as filed with, and approved by.. the Department. The
Department shall administer the construction contract for said Project.
MAINTENANCE
10. Upon completion of the Project, only those improvements within the state owned right of way shall
be considered on the State Highway System and owned and maintained by the Department.
A. The Department shall be responsible for all traffic operating controls and devices which shall be
established, enforced, and installed and maintained in accordance with the North Carolina
General Statutes. the latest edition of the Manual on Uniform Traffic Control Devices for Streets
and Highways, the latest edition of the "Policy on Street and Driveway Access to North Carolina
Highways ", and departmental criteria.
11. The County, at no expense to the Department. shall assume all maintenance responsibilities for the
betterments and release the Department from all liability relating to such maintenance.
Agreement ID # 7753
BETTERMENT COSTS AND FUNDING
12. The County shall participate in the Betterment costs of the Project as follows:
A. In accordance with the Pedestrian Policy Guidelines, the County shall reimburse the
Department fifty percent (50 %). of the actual cost, including administrative costs, of the
work associated with the construction of the sidewalk. The Department shall participate in
fifty percent (50 %) of the actual cost of the sidewalk for that portion of the project within the
County limits, where new sidewalk is to be installed. The estimated cost of the sidewalk is
$206,290.00. The estimated total cost to the County is $103,145.00. Both parties
understand that this is an estimated cost and is subject to change.
B. For all Betterments, the County shall participate as follows:
Facility Cost Share % County Cost Total Cost
5' Sidewalk 50% Cost Share $103,145.00 $206,290.00
10' Multi -Use Pathway $93,829.27
• First 5' 50% Cost Share $23.457.32
• Second 5' 100% Cost Share $46,914.64
Right of Way 100% Cost Share $501.855.90 $501.855.90
$675,372.86 $801,975.17
C. Based on the estimated total cost of $801,975.17, the County shall submit a check for
$675,372.86 to the Department's Division Engineer upon partial execution of this
Agreement by the County. Costs which exceed the estimated total cost shall be bome by
the County. Both parties understand that this is an estimated cost and is subject to change.
If lt is anticipated by the Department that change orders and /or expenditures will result in
the cost share to the County exceeding the estimated County Cost, shown in Provision
12 B, then the Department will notify the County in writing to request prior approval, so that
the County may make appropriate arrangements for reimbursement.
TOTAL ESTIMATED COST TO THE COUNTY: $675,372.86.
D. Upon completion of the Project, if actual costs exceed the estimated total costs for the
betterments, the County shall reimburse the Department any underpayment within sixty
(60) days of invoicing by the Department. If the actual cost of the work is less than
$801,975.17, the Department shall reimburse the County any overpayment. A late payment
penalty and interest shall be charged on any unpaid balance due in accordance with NCGS
§ 147 - 86.23.
Agreement ID # 7753 4
ADDITIONAL PROVISIONS
11 It is the policy of the Department not to enter into any agreement with another party that has been
debarred by any government agency (Federal or State). The County certifies, by signature of this
agreement, 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 Department or Agency.
14. To the extent authorized by state and federal claims statutes, each party shall be responsible for its
respective actions under the terms of this agreement and save harmless the other party from any
claims arising as a result of such actions.
15. All terms of this Agreement are subject to available departmental funding and fiscal constraints.
16. 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.
17. 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.
18. 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.
19. By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133 -32, it is unlawful for any
vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional,
engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors
to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce.
Correction, Crime Control and Public Safety. Cultural Resources. Environment and Natural
Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue,
Transportation, and the Office of the Governor).
IT IS UNDERSTOOD AND AGREED upon that the approval of the Project by the Department is subject
to the conditions of this Agreement.
Agreement ID # 7753 5
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 County by authority duly given.
L.S. ATTEST r NEW HANOV C TY
BY: BY:
TITLE: Jul TMIaN— TITLE4 A A,((�(� /l.GIN�.{(�6GiI
DATE: DATE. 7L/o/g
N.C.G.S. § 133 -32 and Executive Order 24 prohibit the offer to, Or acceptance by, any State Employee
of any gift from anyone with a contract with the State, or from any person seeking to do business with
the State. By execution of any response in this procurement, you attest, for your entire organization
and its employees or agents. that you are not aware that any such gift has been offered, accepted, or
promised by any employees of your organization.
T On
Approved by 1 j IM e?tka Ce4zZ Df*ALofficial of 0et4ew Hanover County as attested to
by the si nature of of said governing body on 7 131 1 L (Date)
OCNTY.�
r O
This Agreement has been pre - audited in the manner
�. required by the Local Government Budget and Fiscal
Control Act.
BY:inc ��t iI14T_
'F (FINANCE OFFICER)
Federal Tax Identification Number
Remittance Address:
New Hanover County
k-L } I kIv'k r1� aMO
DEPARTMENT OF TRANSPORTATION
BY:
(CHIEF ENGINEER)
DATE
APPROVED BY BOARD OF TRANSPORTATION ITEM O: (Date)
Agreement ID # 7753 -
- '^ r.•m/County Attorney