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HomeMy WebLinkAboutNCDOT debris removal state roads contract Sept 2024 EXECUTEDNO FUNDING DISASTER RELATED DEBRIS REMOVAL AGREEMENT AGREEMENT ID # 13032 AGREEMENT OVERVIEW NORTH CAROLINA NEW HANOVER COUNTY PARTIES TO THE AGREEMENT: NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND NEW HANOVER COUNTY DATE: 9/25/2024 The purpose of this Agreement is to identify the participation in project costs, project delivery and/or maintenance, by the other party to this Agreement, as further defined in this Agreement. SCOPE OF PROJECT ("Project"): Removal and disposal of disaster related debris on all released State Routes. EFFECTIVE DATES OF AGREEMENT: START: Upon full execution of this agreement END: Five (5) years from the date of execution This special 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 New Hanover County, hereinafter referred to as the Local Government; and collectively referred to as the Parties. The Parties to this Agreement, listed above, intend that this Agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this Agreement and refer to this Agreement, represents the entire understanding between the Parties with respect to its subject matter and supersedes any previous communication or agreements that may exist. NO FUNDING DISASTER RELATED DEBRIS REMOVAL AGREEMENT AGREEMENT ID # 13032 WHEREAS, this Agreement is made between the Department and the Local Government for the emergency removal of disaster related debris during a State of Disaster or Imminent Threat of Disaster and/or a State of Emergency declared pursuant to the North Carolina General Statutes, Chapter 14, and Chapter 166A; and, WHEREAS, during a declared State of Disaster or Imminent Threat of Disaster which implements the North Carolina Emergency Operations Plan, hereinafter referred to as "the NCEOP", the Department may be called upon to perform certain functions, including the removal of debris from the right of way of public roads and streets, pursuant to the NCEOP; and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, herein referred to as the "Stafford Act", as it relates to this Agreement; and, WHEREAS, in certain instances, the Moving Ahead for Progress in the 21 st Century Act, hereinafter referred to as "MAP-21," allows the Federal Emergency Management Agency, hereinafter referred to as "FEMA," to reimburse for debris removal on Federal Highway Administration, hereinafter referred to as "FHWA," routes; and, WHEREAS, the Local Government has requested and the Department is in agreement that it be allowed the opportunity and responsibility to perform certain Department functions as set forth in the NCEOP, in order to assure that its citizens are served and protected; and, WHEREAS, the Parties have conferred as to the best methods and practices to allow the Local Government to assume these responsibilities. 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: DEFINITIONS For purposes of this Agreement, the following definitions shall apply: A. STATE ROUTES "State Routes" shall mean those roads maintained by the Department on the National Highway System, including US and NC Routes and Secondary Routes that are identified by a four -digit State Route (SR) number. B. DISASTER RELATED DEBRIS "Disaster related debris" shall be such debris for which removal costs are considered eligible for reimbursement by FEMA during a particular State of Disaster, Imminent Threat of Disaster or State of Emergency. 2 NO FUNDING DISASTER RELATED DEBRIS REMOVAL AGREEMENT AGREEMENT ID # 13032 II. DESCRIPTION OF WORK A. REMOVAL OF DEBRIS The Local Government shall remove and dispose of disaster related debris on all released State Routes. In so doing, the Local Government shall comply with all State and Federal policies, guidance, and requirements regarding procurement, storm debris removal, monitoring and disposal including landfill quantity calculations and site disposal costs. B. EXECUTION OF WORK The Local Government shall remove all disaster related debris even if such removal requires multiple passes on a particular route and shall continue until the mutually agreed upon completion date. All work pursuant to this Agreement shall be completed to the satisfaction of the Department's Division Engineer of the Transportation Division in which Local Government is located. The Division Engineer's decision as to the completeness of the work shall be final. III. TIME FRAME A. DURATION OF AGREEMENT This Agreement shall remain in effect for five (5) years from the date of execution included herein. This Agreement may be extended for two (2) additional years, contingent upon the availability of funds, if mutually agreed upon in writing by the Parties. On behalf of the Local Government, extensions may be authorized and executed by the official as designated without further resolution of the Local Government. B. COMPLETION DATE All work pursuant to this Agreement shall be completed by a date mutually agreed to by the Division of Emergency Management (DEM), FEMA, the Department and Local Government. IV. REIMBURSEMENT FOR ELIGIBLE COSTS The Local Government shall apply directly to FEMA for reimbursement of eligible debris removal costs in accordance with the rules, regulations and procedures of those agencies for such debris removal at that time. Any reimbursement must be governed by the current rules, regulations, and procedures of those agencies for the specific State of Disaster, Imminent Threat of Disaster or State of Emergency, and the Department shall not be responsible for any portion of reimbursement costs whatsoever to Local Government. 3 NO FUNDING DISASTER RELATED DEBRIS REMOVAL AGREEMENT AGREEMENT ID # 13032 V. PROCEDURES FOR REMOVAL OF DISASTER RELATED DEBRIS A. REQUEST RELEASE OF STATE SYSTEM ROADS During a State of Disaster or Imminent Threat of Disaster and/or a State of Emergency declared pursuant to Chapters 14 and 166A of the North Carolina General Statutes and upon a determination by the Parties that is desirable that Local Government be responsible for removal of debris from the right of way of State Routes, the Local Government shall submit a completed Request Release of State System Roads, Form SSR-01, (see Appendix A) to the Department's Division Engineer. This request, if approved, will release the identified State Routes to the Local Government for disaster related debris removal. B. DEPARTMENT APPROVAL The Department will review the Local Government's Request Release of State System Roads, Form SSR-01 (attached as Appendix A) and respond in writing indicting whether the Department has approved or denied the request from the Local Government for removal of disaster related debris under the terms of this Agreement. If approved, this action will be considered the Local Government's "Notice to Proceed" with the work. C. COMPLIANCE WITH DEPARTMENT RULES When the Local Government is approved for the removal of disaster related debris on State Routes under the terms of this Agreement, the Local Government will be responsible for complying with all Department rules, regulations and procedures including, but not limited to, safety, insurance, and traffic control in accordance with the Manual on Uniform Traffic Control Devices when undertaking the work. D. WRITTEN REPORT The Local Government shall provide a written report to the Department's Division Engineer that includes a detailed description and quantities of the work accomplished for each Notice to Proceed issued by the Department within sixty (60) days of the completion of the work. E. RESPONSIBILITY FOR DAMAGES The Local Government shall be responsible for repair of any damages to the state - maintained rights of way, which may be caused by debris removal operations undertaken pursuant to this Agreement. All repairs shall be completed to the satisfaction of the Department's Division Engineer of the Transportation Division in which the Local Government is located. The Division Engineer's decision as to the completeness of the work shall be final. NO FUNDING DISASTER RELATED DEBRIS REMOVAL AGREEMENT AGREEMENT ID # 13032 VI. STANDARD PROVISIONS A. TERMINATION OF AGREEMENT This Agreement may be terminated by either Party upon submission of a thirty (30) day advance written notice of termination to the other Party, except in instances where there is active debris removal. In these instances where active debris removal is ongoing, the termination will be effective no sooner than thirty (30) days after the completion of all active debris removal already underway. B. CERTIFICATION OF COMPLIANCE The Local Government shall certify to the Department compliance with all State laws and regulations and ordinances that are applicable to the Local Government in connection with the work included in this Agreement and shall indemnify the Department against any fines, assessments or other penalties resulting from noncompliance by the Agency or any Local Government performing work included in this Agreement under contract with the Local Government. C. CONFLICT OF INTEREST POLICY In compliance with state policy, the Local Government shall have a Conflict of Interest Policy for its employees, in addition to the statutory conflict of interest restrictions applicable to its d i rectors. D. COMPLIANCE WITH EXISTING LAW In no way shall it be construed or implied that either the Department or the Local Government is by this Agreement intending to abrogate its obligation and duty to comply with the regulations promulgated under Federal and state law. E. AGREEMENT MODIFICATIONS Any modification to scope, funding, responsibilities, or time frame will be agreed upon by all Parties by means of a written Supplemental Agreement. F. ASSIGNMENT OF RESPONSIBILITIES The Department must approve any assignment or transfer of the responsibilities of the Local Government set forth in this Agreement to other parties or entities. G. AGREEMENT FOR IDENTIFIED PARTIES ONLY This Agreement is solely for the benefit of the identified Parties to the Agreement and is not intended to give any rights, claims, or benefits to third parties or to the public at large. 5 NO FUNDING DISASTER RELATED DEBRIS REMOVAL AGREEMENT AGREEMENT ID # 13032 H. OTHER AGREEMENTS The Local Government is solely responsible for all agreements, contracts, and work orders entered into or issued by the Local Government to meet the terms of this Agreement. The Department is not responsible for any expenses or obligations incurred for the terms of this Agreement except those specifically eligible for the funds and obligations as approved by the Department under the terms of this Agreement. I. TITLE VI The other party to this Agreement shall comply with Title VI of the Civil Rights Act of 1964 (Title 49 CFR, Subtitle A, Part 21) and related nondiscrimination authorities. Title VI and related authorities prohibit discrimination on the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance. J. FACSIMILE A copy or facsimile copy of the signature of any party shall be deemed an original with each fully executed copy of the Agreement as binding as an original, and the Parties agree that this Agreement can be executed in counterparts, as duplicate originals, with facsimile signatures sufficient to evidence an agreement to be bound by the terms of the Agreement. K. AUTHORIZATION TO EXECUTE The Parties hereby acknowledge that the individual executing this Agreement has read this Agreement, conferred with legal counsel, fully understands its contents, and is authorized to execute this Agreement and to bind the respective Parties to the terms contained herein. L. 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 Local Government 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. M. INDEMNIFICATION To the extent authorized by state and federal claims statutes, the Local Government shall be responsible for its actions under the terms of this agreement and save harmless the FHWA (if applicable), the Department, and the State of North Carolina, their respective officers, directors, principals, employees, agents, successors, and assigns to the extent allowed by law, from and against any and all claim for payment, damages and/or liabilities of any nature, asserted against the Department in connection with this Agreement. The Department shall A NO FUNDING DISASTER RELATED DEBRIS REMOVAL AGREEMENT AGREEMENT ID # 13032 not be liable and shall be held harmless from any and all third -party claims that might arise on account of the Local Government's negligence and/or responsibilities under the terms of this agreement. N. 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. O. DOCUSIGN The Department and Local Government acknowledge and agree that the electronic signature application DocuSign may be used, at the sole election of the Department or Local Government, to execute this Agreement. By selecting "I Agree", "I Accept", or other similar item, button, or icon via use of a keypad, mouse, or other device, as part of the DocuSign application, the Department and Local Government consent to be legally bound by the terms and conditions of Agreement and that such act constitutes the Department's signature as if actually signed by the Department in writing or Local Government's signature as if actually signed by Local Government in writing. The Department and Local Government also agree that no certification authority or other third -party verification is necessary to validate its electronic signature and that the lack of such certification or third -party verification will not in any way affect the enforceability of its electronic signature. The Department and Local Government acknowledge and agree that delivery of a copy of this Agreement or any other document contemplated hereby through the DocuSign application, will have the same effect as physical delivery of the paper document bearing an original written signature. P. GIFT BAN By Executive Order 24, issued by Governor Perdue, and NCGS 133-32, it is unlawful for any vendor or contractor (i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e. Administration, Adult Corrections, Commerce, Environmental Quality, Health and Human Services, Information Technology, Military and Veterans Affairs, Natural and Cultural Resources, Public Safety, Revenue, Transportation, and the Office of the Governor). 7 NO FUNDING DISASTER RELATED DEBRIS REMOVAL AGREEMENT AGREEMENT ID # 13032 SIGNATURE PAGE IN WITNESS WHEREOF, this Agreement has been executed the day and year heretofore set out, on the part of the Department and the Local Government by authority duly given. NEW HANOVER COUNTY FED TAX ID NO: 56-6000-324 REMITTANCE ADDRESS: 3002 US HWY 421 N Wilmington, NC 28401 (DOCUSIGN ONLY) DocuSigned by: Authorized Signer: 20192ED221A8411... Print Name: Chris coudriet Title: County Manager Date Signed 09/25/2024 If applicable, this Agreement has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act: 5;' uSigned by: Finance Officer: cy' - C6B88CFC5D1A4B5... Print Name: Eric Credl e Date Signed: 09/26/2024 DEPARTMENT OF TRANSPORTATION DocuSigned by: BY: A4434EAD4F42476... TITLE: Divi Si on Engineer DATE: 09/2 5/2024 APPROVED BY BOARD OF TRANSPORTATION ITEM O: 11/7/2024 (DATE) M. NO FUNDING DISASTER RELATED DEBRIS REMOVAL AGREEMENT AGREEMENT ID # 13032 SIGNATURE PAGE IN WITNESS WHEREOF, this Agreement has been executed the day and year heretofore set out, on the part of the Department and the Local Government by authority duly given. (INK SIGNATURES ONLY) ATTEST: Authorized Signer: BY: Print Name: TITLE: Title: NEW HANOVER COUNTY FED TAX ID NO: 56-6000-324 REMITTANCE ADDRESS: 3002 US HWY 421 N Wilmington, NC 28401 Date Signed: If applicable, this Agreement has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act: Finance Officer: Print Name: Date Signed: _ DEPARTMENT OF TRANSPORTATION (DocuSign) BY: TITLE: DATE: APPROVED BY BOARD OF TRANSPORTATION ITEM O: 9 (DATE)