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HomeMy WebLinkAbout1998-05-11 98-202 ORDERCOUNCIL ACTION Date: Dzv 11 1998 Item No.: 98-202 Item/Subject: Authorizing City Manager Execution ofMDOT Reimbursement Agreement - lee Sturm Debris Clean Up Responsible Department: Engineering Commentary: This is a routine action involving a Municipal/Smte Agreement which will provide 100% reimbursement m the City of Bangor for "anin ice storm related clean up costs. These include expenses incurred by the City fm removing storm debris on locally nmintained federal highways within the urban compact area. A copy of the Agmement is attached. ud� De .tment Dead Manager's Comments: n Ctry manager Associmed lnfonvation:� Budget Approval: Finame Dirrctw Legal Approval: mg- Ciry $olklror Introduced For: Passage First Reading Refmal Page Assigned to Crusader Palmer Nay 11, 1998 CITY OF BANGOR (TITLE.) (Drur, Authorizing City Manager to Execute MUOTlteimburaemeutAgreement - t""""TaSt PJi Debris Clean Up By Use CMy Cowan of W Clry of Burger: ONDRUD, MT The City Manager is hereby authorized and directed to execute a Reimbursement Agreement betwern the State of Maine Department of Transportation and the City of Bangor regarding reimbursement for the cost to clean up storm damage debris on locally maintained federal -aid bighways resulting from the ice storm of January 1998. A Copy of the Agreement is attached. IN CITY COUNCIL May 11, 1998 Passed �7 hRK 98-202 O R ER Title, Authorizing City Manager to Hoe-.:: cute MUDD Reimburcement Agreement - Ice Stotn Debris Clem Up ........ I ............................. ................................. ze do.& -w Aedgned to ..low............ ... Councilman 98-202 REIMBURSEMENT AGREEMENT BERVEENTRE STATE OF MAINE AND TEE CITY OF BANGOR RBGARDRJG BURSEMENT FOR THE COST TO CLEANUP STORM DAMAGE ON LOCALLY MAINTAINED FEDERAL -AID HIGHWAYS RESULTING FROM THE ICE STORM OF JANUARY 1995 UNDER PROJECT MENTEFICATION NUMBER 9570.00 FEDERAL AID PROJECT NO. ER -8570(00) This AGRAEMENT is entered into on this day of ,1998 by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter DEPARTMENT) and the CITY OF BANGOR, a body corporate and politic located in the County of Penobscot (hereafter CFFY) regarding rdmbursement forthe cost t0 cleanup locally maintained Federal -aid highways within the urban maintenance compact from storm damage resulting from the Ice Storm oflanuary 1998 (hereafter ice storm) using Federal Emergency Relief (ER) funds, as follows: I. ELJGIBMITY A Only cleanup costs totalling Three Thousand ($3000) Dollars or more as approved by the DEPARTMENT subsequent to January 30,1998 to cleanup locally maintained Federal -aid highways within the urban maintenance compact to restore highway function and the rights-of-way thereof to a clean and safe condition and] be eligible for reimbursement under the provisions ofthis Agreement. B. The cost of such cleanup must be reasonable and shall be limited to only those direct coats expended by the CITY which are directly attributable and properly allocable to such cleanup. Such costs most be properly documented and supported by adequate records. C The CITY may contract for cleanup services, provided any such contract be awarded on the basis of competitive bids procured in accordance with established local policies and procedures for compact procuremem Whenever possible, bids should be obtained from at least three (3) vendors qualified to provide such services. D. The CITY may use its own forces for such cleanup, provided such use is consistent with established local force account procedures, does not unfairly displace or compete for work or services otherwise obtainable from vendors or contractors, and is more cost effective and suitable than procuring a contract for such services. 98-202 PIN8570.00 Page 2 of Pages D. REIIrBDRSEMENT A. The DEPARTMENT shall reimburse the CITY for cleanup costs determined to be eligible and acceptable for reimbursement by tha DEPARTMENT, as follows: 1. Cleanup costs expended by the CRY under the provisions of this Agreement after rhe effective date of anuary 30, 1998, but within the first 180 days from the beginning ofthe ice storm which began on January 7, 1998, shall be reimbursable at the rate of one hundred (1005/6) percent of such costs deemed eligible and acceptable for reimbursement as hereinafter provided. 2. Reimbursement for each costa expended after 180 days from the begirming of the ice storm shall be limited to eighty (80%) percent of such costs deemed eligible and acceptable for reimbursement as hereinafter provided. 3. All claims for reimbursement for such costs expended within 180 days from the beginning of the ice stores must be submitted to the DEPARTMENT in writing no later than August 14, 1998 to be eligible for re'mbursement at 100%. Any claim for such reimbursement act submitted by that date and all claims for reimbursement for such costs expended after 180 days from the beginning of the ice storm must be submitted to the DEPARTMENT in writing no later than December 31, 1998 to be eligible for reimbursement at 80%. All such costa not claimed prior to December 3l, 1998 shall be ineligible for reimbursement. The CITY shall certify that all expenditures an claimed are correct and reimbursable in accordance with the provisions of this Agreement. 4. The originals of all documentation and records supporting such claims for reimbursement shall be retained and preserved by the CRY for a period of at least four (4) years from the date of payment of such claims. Copies of such documentation and records supporting such claims shall be submitted to the DEPARTMENT upon request. 5. Efigibillty and acceptance of all claims submitted for reimbursement under the provisions of this Agreement shall be determined by the DEPARTMENT in accordance with the certification acceptance procedures authorized by theFedeml Highway Administration for the use ofER funds. Such determination shall include a review by the DEPARTMENT of all documentation and records submitted upon request as hereirdagme provided supposing all expenditures so claimed. D. All claims determined to be eligible and acceptable for reimbursement under the provisions of this Agreement shall be subject to audit by State and Federal authorifies. C. All costs not reimbursed by the DEPARTMENT under the provisions of this Agreement shall be the responsibility of the CRY. D. The DEPARTMENT may inspw such storm cleanup as necessary to ensure that all - authorized work is completed in a satisfactory marmer in compliance with the provisions of this Agreement. 90-202 PTN8S10.00 Page 3 Of Pages IN WITNESS WHEREOF, the patties herew have executed this AGREEMENT in duphwte effxtive on the day and daze fire above written. wimeea STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: ✓a ED ly Chief Engineer CITY OF BANGOR wfinew ,aw.r: 2We: pAVI"8