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HomeMy WebLinkAboutFY24 PARKS NC DOT North College TrailNORTH CAROLINA LOCALLY ADMINISTERED PROJECT - FEDERAL NEW HANOVER COUNTY DATE: 3/12/2024 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TIP #: BL -0118 AND WBS Elements: PE ROW NEW HANOVER COUNTY CON 51324.3.1 OTHER FUNDING: FEDERAL -AID NUMBER: 5132401 CFDA #: 20.205 Total Funds [NCDOT Participation) $1,840,000 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 NEW HANOVER COUNTY, hereinafter referred to as the "County" 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 County has requested federal funding for N. College Road Pedestrian Infrastructure Improvem, hereinafter referred to as the Project, in New Hanover County, North Carolina; and, WHEREAS, subject to the availability of federal funds, the County 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 $1,840,000 for the Project; and, WHEREAS, the Department has agreed to administer the disbursement of said funds on behalf of FHWA to the County 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, WHEREAS, the governing board of the County has agreed to participate in certain costs and to assume certain responsibilities in the manner and to the extent as hereinafter set out; and, Agreement ID # 12863 1 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 County 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 County and/or its contractors and agents. The Department will provide technical oversight to guide the County. The Department must approve any assignment or transfer of the responsibilities of the County set forth in this Agreement to other parties or entities. PERSON IN RESPONSIBLE CHARGE The County 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: ■ Administer governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; Agreement ID # 12863 2 ■ 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 County, but the duties may be split among several employees, if necessary. COMPLIANCE WITH STATE/FEDERAL POLICY The County, 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 County 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. 2. SCOPE OF PROJECT The Project consists of the construction of a 14 -foot wide, 2 plus mile MUP along N. College Road from Gordon Road to Northchase Parkway West. The project includes a sidewalk on the east side of N. College from Sirius Drive to Murrayville Road and New Village Way to the signalized intersection at Danny Pence Drive. Agreement ID # 12863 3 The Department's funding participation in the Project shall be restricted to the following eligible items: ■ 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 STBGDA. 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 County 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 County with the provisions set forth in this Agreement and the availability of federal funds, the Department shall reimburse eighty percent (80%) of eligible expenses incurred by the Municipality up to a maximum amount of One Million Eight Hundred Forty Thousand Dollars ($1,840,000), as detailed below. The County shall provide the non- federal match, as detailed in the FUNDING TABLE below, and all costs that exceed the total available funding. FUNDING TABLE Fund Source Federal Funds Reimbursement Amount Rate STGDA $1,840,000 80% Total Available Fundin WORK PERFORMED BY NCDOT $2,300,000 Non -Federal Non -Federal Match $ Match Rate $460,000 i 20% 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 County under this Agreement. The Department will set aside, but is Agreement ID # 12863 4 not limited to, ten percent (10%) of the total available funding, or $230,000, 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 County'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 County at the above reimbursement rate. For all costs of work performed on the Project, whether incurred by the County or by the Department, the County shall provide the non-federal match. The Department will bill the County 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 County 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 may allow up to three additional months for submission of final reimbursement package by the County, without entering into a supplemental agreement. The Department and/or FHWA reserves the right to revoke the funds awarded if the County is unable to meet milestone dates included herein. 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 County, in writing, once funds have been authorized and can be expended. The County 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. Agreement ID # 12863 5 6. PROFESSIONAL AND ENGINEERING SERVICES The County shall comply with the policies and procedures of this provision if the County is requesting reimbursement for the Preliminary Engineering contract or the Construction Contract Administration 1 Construction Engineering and Inspection contract. PROCUREMENT POLICY When procuring professional services, the County 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.htmi v/legsregs/legislat.htmi and www.nclesi.netlaascrigts/Statutes/Statutes.asp ■ 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 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 County 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 Services Firms (SPSF). This policy conforms with the SPSF Guidelines as approved by the North Carolina Board of Transportation. ■ The County 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 County fails to comply with these requirements, the Department will withhold funding until these requirements are met. Agreement ID # 12863 6 WORK BY ENTITY If the Design, Planning, Contract Administration and/or Construction Engineering and Inspection 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 the Department for review and approval, prior to any work being initiated by the County. 7. PLANNING 1 ENVIRONMENTAL DOCUMENTATION The County 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 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 approved permits should be forwarded to the Department. ■ The County 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 County shall design and implement a mitigation plan. The Department will determine if any mitigation costs are eligible for reimbursement. The County shall bear all costs associated with penalties for violations and claims due to delays. ■ The County 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.ncle,4.nettgascripts/Statues/Statutes.as and obtaining those permits required thereby in order to construct the Project. During the construction of the improvements, the County, and its contractors and agents, shall be solely responsible for compliance with the provisions of said Act and the plan adopted in compliance therewith. Agreement ID # 12863 8. DESIGN CONTENT OF PLAN PACKAGE The County, 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 County 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 County receives written authorization from the Department to proceed. 10. PROJECT LIMITS AND RIGHT OF WAY (ROW) The County shall comply with the policies and procedures of this provision regardless of whether the County is requesting reimbursement for the Right of Way phase of the Project. SPONSOR PROVIDES ROW 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. ROW GUIDANCE The County 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.nclgg.ne!Lqascripts/Statutes/Statutes.as�.1; and the North Carolina Department of Transportation Right of Way Manual. Agreement ID # 12863 APPRAISAL The County shall submit the appraisal to the Department for review and approval in accordance with Departmental policies and procedures. CLEARANCE OF PROJECT LIMITS 1 ROW The County 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 County 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 County's ROW. The County 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 County 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 County 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. 11. UTILITIES The County, 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 County beginning construction of the project. This Agreement does not modify or supersede any existing Utility Encroachment Agreements that may be in place. Agreement ID # 12863 9 12. RIGHT OF WAY 1 UTILITY 1 RAILROAD CERTIFICATION The County, upon acquisition of all right of waylproperty necessary for the Project, relocation of utilities, and coordination with the railroad shall provide the Department all required documentation (deeds/leases/easementlplanslagreements) 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 County 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 County 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. 14. CONSTRUCTION AUTHORIZATION The County 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 County shall not advertise for bids prior to receiving written construction authorization from the Department. Agreement ID # 12863 10 15.CONTRACTOR PROCUREMENT ADVERTISE FOR BIDS Upon receipt of written construction authorization from the Department, the County may advertise the Project. The County 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.00v/leqsrecis/directives/fapotoc.htm; and NCGS, Chapter 143, Article 8 (Public Contracts), incorporated by reference at www.ncleg.net/gascripts/Statutes/Statutes.as . 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 his://conneGt.ncdot.gov/pro.-ect /Contracts/PaQes/LGA-Pro'ects.as.Lx. ■ The County 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 County 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 County shall request concurrence from the Department to award the construction contract by submitting a letter along with tabulated Agreement ID # 12863 11 bids received depicting Disadvantaged Business Enterprises (DBE) goals, and a resolution recommending award of the Project to the lowest responsible, responsive Kidder. The Department will review the submitted information and provide written approval to the County prior to the contract being awarded by the County. 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 County 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. FORCE ACCOUNT 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 County. 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.oov/le%sMs/directives/efr23toc.htm. North Carolina General Statutes governing the use of Force Account, Chapter 143, Article 8 (Public Contracts) can be found at www.ncleszz.net/oascriats/Statutes/Statutes.aso. 1 fi. CONSTRUCTION The County, 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 County shall comply with the NCDOT Construction Manual as referenced at ht4 ://www.ncdot.ora/doh/o�,erations/dr:%5Fchief%5Fen,/constructionunit/form sman uaIs/co nstruc 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 County, and/or its agent, shall perform the construction engineering, sampling and testing required during construction of the Project, in accordance with Agreement ID # 12863 12 Departmental procedures, including the Department's Guide for Process Control and Acceptance Sampling and Testing. The County shall document that said compliance was accomplished in accordance with State and Federal procedures, guidelines, standards and specifications. RETAINAGE The County shall not retain any portion of a payment due the contractor. SIGNAGE The County 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 County 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 ()6ww. usdo;. covlcrttadalstd s r}df. htm ). 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 County or the County'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 County 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. Agreement ID # 12863 13 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 County shall be responsible for the following: FINAL INSPECTION The County 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 County. Additional inspection by other entities may be necessary in accordance with the Department's guidelines and procedures. The County shall provide the Department with written evidence of approval of completed project prior to requesting final reimbursement. FINAL PROJECT CERTIFICATION The County 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 County, at no expense or liability to the Department, shall assume all maintenance responsibilities for the N. College Road Pedestrian Infrastructure Improvem, or as required by an executed encroachment agreement. 114110 41►j119J:�']4L'i14►III i SCOPE OF REIMBURSEMENT Activities eligible for funding reimbursement for this Project shall include: Agreement ID # 12863 14 ■ ROW Acquisition ■ Construction REIMBURSEMENT GUIDANCE The County shall adhere to applicable administrative requirements of Title 2 Code of Federal Regulations, Part 200 (www.fhwa.dot.gov/legsrens/directives/fap.otoc.htm) "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards." Reimbursement to the County 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.gov/le,-,srec;s/directives/faLmtoc.htm. Reimbursement to the County shall be subject to the guidance contained in Title 2 Code of Federal Regulations, Part 170 (httrj://edocket.access.229.gov/2010/cl-.df/2010-22705.ljdf) 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 County with all applicable federal policy and procedures. REIMBURSEMENT LIMITS ■ WORK PERFORMED BEFORE NOTIFICATION Any costs incurred by the County 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 County costs that exceed the total funding per this Agreement and any Supplemental Agreements. • UNSUBSTANTIATED COSTS The County 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 NCOOT Agreement ID # 12863 15 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 $1,840,000 available to the County under this Agreement. The Department will bill the County 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. ■ 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. ■ FORCE ACCOUNT 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 County or its Project partners. Reimbursement rates for equipment owned by the County 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 Agreement ID # 12863 16 The County 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 County 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 County is responsible for submitting the FFATA Subrecipient Information Form, which is available at httos://connect.ncdot.nov/municif)alities/Funding/Pagesidefault.asf;x. ■ INTERNAL APPROVALS Reimbursement to the County shall be made upon approval of the invoice by the Department's Financial Management Division. ■ TIMELY SUBMITTAL OF INVOICES The County 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 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. ■ 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 County 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. Agreement ID # 12863 17 PROJECT RECORDS The County 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 County 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 County 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. INDEMNIFICATION OF DEPARTMENT The County 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 County certifies that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal or State Agency or Department and that it will not enter into agreements with any entity that is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction. Agreement ID # 12863 18 TITLE VI - CIVIL RIGHTS ACT OF 1964 The County 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 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 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. IMPROPER USE OF FUNDS Where either the Department or the FHWA determines that the funds paid to the County for this Project are not used in accordance with the terms of this Agreement, the Department will bill the County. TERMINATION OF PROJECT If the County decides to terminate the Project without the concurrence of the Department, the County 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 County shall arrange for an annual independent financial and compliance audit of its fiscal operations. The County 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 County's fiscal year ends. Agreement ID # 12863 19 REIMBURSEMENT BY COUNTY 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 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. 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, Agreement ID # 12863 20 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. 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 County, Agreement ID # 12863 21 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: NEW HANOVER COUNTY pocuSlgned by: BY: BY: TITLE: TITLE: Assistant County Manager DATE: 04/17/2024 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. This Agreement has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. Docu5igned by: (SEAL) W FINANCE OFFICER) Federal Tax Identification Number 56-6000324 NEW HANOVER COUNTY Remittance Address: 230 Government Center Drive, STE 165 Wilmington, NC 28403 DEPARTMENT OF TRANSPORTATION —DS ! .pacu9ignod by: � BY: (CHIEF ENGINEER) DATE: 05/07/2024 04/04/2024 APPROVED BY BOARD OF TRANSPORTATION ITEM O: Agreement ID # 12863 22 ps (Date)