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HomeMy WebLinkAbout1996-04-08 96-182 ORDERCOUNCIL ACTION Dale: April 8, 1996 Item No.: 96-182 Ilem/Subject Authorizing City Manager to Execute Agreement with MDOT Regarding Highway Bnprovement Project - Union Street S7fP-043-5050(00)7IN 5050.00 Responsible Department Engineering Concnenlmy: The anached Council Order authorizes a ecution of a routine agreement with MDOT for design and construction of a project involving resurfacing Union Street from Hammond Street to WJey Street This project was requested through BACTS and will be developed by the City. A local share of 15% is required, and funds me available in the Capital Budge[. The project is expected to be completed this your. Managefs Comvrevts: nla'Ax COLO(�4 _.._a4 Associated Information: . Budget Approval: SkK d6, OaS Finanu Direcror Legal Approval: Guysbiictror 'MMn V d For: Passage Firm Reading Refesrsl Page — of 96-182 AwignN to Cm or Woodcock April 8, 1996 CITY OF BANGOR .(TITLE.) a81 Url Authorizing City Manager to Eucute Agreement with. MDOT Regarding Highway Doprovement Pmjmt-Union Street STP-043-5MO(OO)MIN 5850.00 By rhe City Cauna0 efBw aw nfRm : ORDRREDr THAT the City Manager is hereby authorized And directed to execute an ageemera with the Maine Department of Transportation for the desgn and construWon of a highway improvement project involving resurfacing of Union Street between Dammond Street and Wiley Street - Federal Aid Project No. SUP 43- 5850(00)IM 5850.00. A copy of the Agcemera is anached. xM CITY COUCIl. 96-182 Wif 9. 1996 - 0 R 0 E R 5Passed+ Title Authorizing City Iianager to Execute ' CITE CLERK -A8 t with MOT Regarding highway Improvemmunt Project union sti ( gTT 043 SH56(Hbj /riM'SHSH:dH " "' Aasiped ISG. to Councilman 96-182 AGREEMENT BETWEEN THE STATS OF MAINE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING PROPOSED RESURFACING OF UNION STREET FEDERAL AID PROJECT NO. STP -0 3-5850(00)/PUJ 5850.00 This AGREEMENT is enterer into on this day of 19% 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 CITY) regarding the development, design and construction of a project to resurface a portion of Union Street, also designated as State Rote 222, in Bangor, begimung at Hammond Street and extending in a northwesterly direction for a distance of about 0.60 mile to Wiley Street (hereafter project) as heretofore proposed in the DEPARTMENT's MWti-Modal Transportation Improvement Program for Fiscal Years 1994-1995, as follows: A. The CITY shall submit an acceptable line been budget m the DEPARTMENT for approval which contains an itemization of project costs as directed by the DEPARTMENT. Once such a budget is approved, expenditures may exceed any single cost category or budget line item amount by up to ten (10%) percent without modification provided Nat the total of all such expenditures does not exceed the tons) amount allowable for the project as hereinafter provided under Paragraph M.1 below. B. The CITY shall of perform or authmbe any services or work under this Agreement without first receiving the express approval m do so in writing from the DEPARTMENT. 1. Such approval shall be contingent upon the DEPARTMENT receiving authorization from the Federal Highway Administration (hereafter FHWA) for federal participation in me project costs hereinbefore described under Paragraph A above. The DEPARTMENT shall not umeseonsbly, withhold such approval. 2. Ah costs incurred by the CITY prior to receiving such approval from the DEPARTMENT shall be ineligible for federal participation and therefore not reimburseable by the DEPARTMENT under the provisions of Article U. 96-182 PIN 5850.00 Form Ed. 3/1/96 Page 2 of 11 Pages C. The CITY shall develop aal prepare all of the necessary design plans, specifications, estimates, bid documents and contracts for the project as directed by the DEPARTMENT in accordance with [he DEPARTMENT's current standards and procedures for federal-aid projects. The CITY shall submit all such plans, specification, estimates, documents and contracts in the DEPARTMENT for review suit approval. - 1. All design features shall conform to AASHTO standards or equivalent: . 2. All plan shall adhere to the DEPARTMENT's utility accommodation policy as set foM ht its 'Policy On Above Ground Utility Locations" in revised November 1987, D. The CITY shell develop and prepare all envimovmental studies and reports necessary for the project as directed by the DEPARTMENT. All such studies and reports shall be submitted to the DEPARTMENT from time in time for review, comment and acceptance. E. The DEPARTMENT shell prepare and submit in FH WA for roamreree all envhnrmmental donraentation required for the project under the provision of the Nationl Environmental Policy Act (NEPA). F. The CITY shall obtain all permits necessary to consumer the project. G. The CITY shall provide for adequate public participation as directed by the DEPARTMENT during the development of the project. H. The CITY shall acquire and famish all right of way necessary to construct and maintain the Project. I. All such right of way shall be acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by me United States Congress in 1987, pursuam in the provision set form under 49 CER Part N. 2. All such right of way shall be acquired prior to advertising for bids and shall be held inviolate from all earoachmevts. The CITY stall certify to the DEPARTMENT dist all such right of way has been acquired prior in being allowed in advertise for bids in bargainer provided under Paragraph I below. 3. The CITY shall furnish to the DEPARTMENT a right of way map or similar plan prepared m accordance with [be DEPARTMENT's specification detailing all right of way an acquired for the project I. Upon approval by me DEPARTMENT, the CITY shall advertise and award a contract to construct the project as directed by the DEPARTMENT. 1. Both the CITY and the DEPARTMENT shall have the might to accept or reject amry and all bids received as a result of such advertiseman. 96-192 PIN 5850.00 Pam Ed. 3/1/96 Page 3 of ll Pages 2. The CITY shall not award my contract to consume[ the project without the express approval of the DEPARTMENT. 3. The contraction contract shall prescribe that the project shall be concocted in accordance with the plans and specifications approved by the DEPARTMENT anal is compliance with the DEPARTMENT'S exceed Standard Specifications for Highways and Bridges (hereafter Standard Specifications). 4. Prior to the beginning of construction, the CITY shall arrange for a preconswetion meeting to coordinate the construction of the project with the DEPARTMENT, any and all contractors, utilities and any other parties directly involved in the construction of the Project 5. Traffic throughout all work areas of the project shall be controlled in accordance with the provisions of Part VI of the Manua] on Uniform Traffic Comrol Devices for Streets and Highways. 6. Any work involving force account procedures shall require the express approval of the DEPARTMENT prior to doing so. J. The CITY shall provide all of the necessary supervision, inspection and documentation to ensure that the project is completed satisfactorily and constructed in accordance with the provisions and specifications of the construction contract. t. The CITY shall provide a full-time qualified employee to be in responsible charge of the project. 2. The CITY shall use procedures acceptable to the DEPARTMENT in document the quantity and quality of all work performed order this Agreement in an accurate and uniform manner. All such documenutiou including all sconce documents used as the basis of payment for such work shall become a matter of record and resained as hereinafter provided under Article III, Paragraph A. 3. The CITY shall provide all testing as directed by the DEPARTMENT. 4. Upon completion of the project, the CITY shall provide a compliance certification that the project was constructed, quantities measured and documented,and materials tested in accordance with the specification requirements of the con stntctioa contract as well as the policies and procedures approved by the DEPARTMENT. 96-182 PIN 5850.00 Form Ed. 3/t/96 Page 4 of II Pages K. The DEPARTMENT may inspect construction activities and all documentation portioning thereto at any time during the period of construction and may test any of the materials used therein to ensure compliance with the provisions and specifications of the construction contract. The DEPARTMENT may reject any work or materials not in such compliance. Upon completion of construction, this: DEPARTMENT may inspect the project in determine the acceptability thereof prior m paying any final claim for reimbursement of project costs as hereinafter provided under Article H, Paragraph C.2. L. Upon completion of construction, the CITY small provide the DEPARTMENT with a set of reproducible as -built plans of the project on mylar or equivalent archival quality material acceptable to the DEPARTMENT suitable for permanent filing. M. The CITY shall make an changes in the project, except as hereinafter provided, without the express written approval of the DEPARTMENT. 1. An approved change shall be required to increase the cost of the project whenever expenditures are expected to exceed any approved single cost category or budget lire item amount by can (10%) Percent or wherever the total of all participating project casts as hereinafter defined under Article H, Paragraph A is expected in exceed the sum of One Hundred Seventy Three Thousand Five Hundred ($173,500) Dollars. In no event dull the total of all such participating Project costs exceed the sum of One Hundred Seventy Three Thousand Five Hundred ($173,500) Dollars without the express written approval of the DEPARTMENT. 2. Approved changes shall also be required to revise, modify or change the scope or objectives of the project or any of the cost sharing or reimbursement provisions set fond beside, to extend in shorten the Wind of this Agreement or to contract out or otherwise obtain the services of a third party to perforin any of the services incidental to the project, except as otherwise approved or provided for herein. N. The CITY shall assume that all work undertaken Pursuant to this Agreement conforms to a8 applicable federal and State laws. Specific federal laws and regulations covering such work are contained under Tide 23 in the United States Code (hereafter USC) for applicable sumtory law and 23 CFR for applicable administrative law. General administrative requirements relative in federally funded activities are also contained under 49 CPR Part 18 entitled "Uniform Administrative Requirements for Grants and Cooperative Agreements in Sum and Local Govermnenu". Allowability for participating costs is contained in the Executive Office of the president of the United States' Office of Management and Budget (hereafter OMB) Circular A-8] conduct "Cost Principles for Sure and Local GovermneraW. FIN 5850.00 Form Ed. 3/t/96 Page 5 of It Pages I I tgkti 18:1:1 B I f fH.?♦ t a t, ISf :111 tiYgS I q. Y 9:AIKda] Ifi xY 96-182 A. The DEPARTMENT shall be responsible for a portion of the cost to develop, design and construct the project (hereafter project costs) as follows: I. The DEPARTMENT shall provide federal funds administered by FHWA under the provisions of the lemma dal Surface Transportation Efficiency Act (IS EA) of 1991 (hereafter federal share) at the rate of eighty and twenty-eight hundredths (80.28%) percent of all project costs deemed eligible for federal participation in accordance with all applicable federal laws and regulations as hereinbefore referenced under Article I, Paragraph N above. ' 2. The DEPARTMENT shall aim provide all of the ran -federal or matching share of all project costs remaining after deducting the CITY's share of such costs as hereinafter provided under Paragraph B below. B. The CITY shall be responsible for ten (10%) percent of all project costs, including all costs rumored by the DEPARTMENT to develop, inspect and administer On project. The CITY shall also be responsible for any project costs deemed ineligible for federal participation, including those as hereinbefore provided under Article 1, Paragraph B.2 above and as hereinafter provided under Paragraph C.5 below, unless otherwise agreed to in writing as hereirliefore provided under Article I, Paragraph M.2 above. C. The DEPARTMENT shall reimburse the CITY for no more than ninety (90%) percent of all project costs incurred by the CITY as follows: 1. The CITY shall bW the DEPARTMENT no less than monody for all claims for all allowable direct and actual project costs incurred under the provisions of this Agreement. Costs are incurred wherever work is performed, goods and serviees are received or a cash disbursement is made. All claims for such costs shall be submitted on the CITY's billhead or invoice and be itemized in at least the same derail as itemized in the approved project budget. Each claim so submitted shall include an accumulative total for all costs imune d by cost category or budget line item. Each claim shall also include a certification from a qualified employes in responsible charge of the project that all ammmts so claimed for reimbursement are correct, due and not claimed previously mA that all work for which such reimbursement is being claimed was performed in accordance with the terms of Nis Agreement or arty specific contract applicable thereto approved by the DEPARTMENT under Ne terms of this Agreement. 96-182 PN 5850.110 Form Ed. 3/1/96 Page 6 of 11 Pages 2. In the event that less Nan One Thousand ($IOW) Dollars in such reimburseable costs are incurred in any one month period or regularly scheduled billing period of at least one month duration, the CITY shall defer any such claim therefor unit the next month or regularly scheduled billing Period in which at least One Thousand ($IWO) Dollars in such nomburneable costs have been incurred or until the last or foal claim is submitted for reimbursement. Payment of any such final claim may be subject to a foal inspection of the project by the DEPARTMENT to determine the acceptability thereof as hereinbefore provided under Article I, Paragraph K. 3. The DEPARTMENT shall deduct all of the CITY's share of such costs as hereinbefore described under Paragraph B above prior to making any such reimbursement. 4. The DEPARTMENT shall make such reimbmsemeut to the CITY until fifty (50%) percent of all eligible costs have been so reimbursed, following which, five (5%) percent of all subsequent reimbursements shau be withheld and retained by the DEPARTMENT until all work undertaken by the CITY pursuant to this Agreement is completed satisfactorily. a. All of that portion of such reimbursement so retained shall be withheld and retained by the DEPARTMENT m the extent and in the same manner set fond under the provisions of 23 M.R.S.A._ Section 52-A. b. Upon satisfactory completion of all work undertaken by the CITY pursuant an this Agreement, the DEPARTMENT may release a portion of such reimbursement so retained. The remaining balance of such reimbursement so retained shall be withheld and retained until such time as all things required of the CITY under this Agreement are received, completed or accomplished to the satisfaction of the DEPARTMENT. The DEPARTMENT, at its option, may retain temporarily or permanently, from time to nue, any portion of such remaining balance which it deems equitable. 5. In the even that the CITY withdraws from the project, suspends or delays work on the project or takes some other action, including any acts of commission or omission, without concurrence of the DEPARTMENT which results m flue loss of federal participation in any of the reimbursable costs as provided berein, the CITY shall be responsible for all of the federal share of each costs and, if recessary, shall refund to the DEPARTMENT all of the federal share of any reimWrservens received which subsequently become ineligible for federal participation. M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain all project records for a Period of three (3) years from the date of the last or fired submission of claim for reimburseu cn for project costs in accordance with the provisions of 49 CFR 18.42(6), except as otherwise provided under subparagraph 1 below. 96-182 PIN 5850.W Font EA. 3/1/96 Page 7 of Il Pages 1. In the event that any litigation, claim, negotiation, audit or older action involving such records has begun prior to the expiration of web period, Nen all records shall be retained until all action and resolution of all issues arising therefrom are complete if such action or resolution extents beyond the three year period hereinbefore described. 2. The CITY shall assure that in accordance with the provisions of 49 CPR 18.42(e), the DEPARTMENT and FHWA, and if necessary, the Comptroller General of the United Stales, many of thew authorized representatives, shall have full access at any ant all reasonable Noes to all records of the project for all purposes necessary to broke audits, examinations, excerpts or transcripts. B. The CITY shall assure that all applicable audit requirements are met in accordance with the provisions of OMB Circular A-128. W. GENERAI, PROVISIONS A. INDEPENDENT CAPACITY. The CITY, its employees, agents, represeaatives, cons (tons or contmemrs, shag to performance of the work under Nis Agreement act in an independent capacity firm and not as officers, employees or agents of the DEPARTMENT. B. CONTRACT ADMINISTRATOR. Following execution of this Agreernent, the DEPARTMENT shall assign a Project Leader to act as the Contract Administrator on behalf of the DEPARTMENT during the development of the project under "a Agreement As rhe DEPARTMENT's representative, the Contract Administrator shall have authority to stop the work if necessary to ensure proper execution thereof in accordance with terms of this Agreement. All bills or invoices for payment, progress reports, claims, wroespavdenoe and all project related subntissioru from the CITY shall be sent dimnly to the Contact Administedw. C. EQUAL EMPLOYMENT OPPORTUNITY During the performance of any work undertaken pursuant to (Iris Agreement, the CITY shall not discriminate against any employee or applicant for c uploymem relating specifically to any work under Nis Agreement because of race, color, religious creed, sex, national origin, ancestry, age or physical handicap udess related to a bonafide occupational qualifications. The CITY shall rake affimative action to ensure that all such applicants are employed ant all such employees are treated during any period of employment under Nis Agreement without regard to their race, cola, religion, sex, age or rational origin. Such action shall include, but not be necessarily limited m: employment, upgrading, demotions, boosters, ttrminnent or advertising for reordwem, layoffs m terminations, rates of pay or other forret of compensation and selection for all forms of training ant apprenticeships. The CITY shall prominently post is conspicuous places readily available to all employees out applicants for such employment hereunder, notices setting forth the provisions of this paragraph. 96-183 PIN 5M.W Form Fd. 31V96 Page 8 of 11 pages 2. In all solicitations or advertising for employees placed by or on behalf of the CITY relating specifically to any work underrmn pursuant to Ws Agreement, the CITY shall state that all qualNed applicants shall receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age or physical handicap. 3. The CITY shall send to each labor union or representative of any of its employees covered by a collective bargaining agreement or any other construct or understanding under which any labor, work or services are to be furnished towards the project under the terms of [his Agreement, a notice advising all such labor unions or representatives of the CITY's commitment under [Itis Article and shall prominently post mines of such notice in conspimous places readily available to all such employees and applicants for employment. 4. The CITY shall cause all of the foregoing equal employment opportunity provisions under Huse paragraphs to be included in any contracts for services or work undertaken pursuant to Nis Agreement la such a manner that such provisions shall be binding upon each consultant or contractor except that the foregoing provisions shall not apply to any contracts for parchasing or furnishing standard commercial supplies or raw materials. To the maximum extent feasible, the CITY or any such conudtant or contractor shall list all suitable employment openings with the Maine Job Service under the Maine Department of Labor's Bureau of Employment Security. This provision shall not apply to employment openings which Ne CITY or any such consultant or contractor proposes to fill within its own organization. The listing of such opemiags with the Maine lob Service shall involve only the normal obligation which pertain thereto. D. LJABILITY. Any amount paid out by she DEPARTMENT arising out of or from any errors, omissions or failures on the pact of the CITY to meet professional standards of construction engineering and inspection surf be recovered from do CITY by reductions in any reimbursements due it ander the mums of this Agreement or by any other legal meats. The DEPARTMENT shall promptly rosily do CITY if any potential claim arises under the provisions of this Article. The CITY shall be afforded full opportunity for a defense against any such claim. If it is subsequently determined that any such reduction in any reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or fraudulent, then any amount so reduced shall be paid promptly. E. FAMII.JARITY WITH LAWS AND INDEMNIFICATION. The CITY is assumed to be familiar with and at all times shall observe and comply with all federal and State laws as hereinbefore prescribed and all local laws, ordinances and regulations which in any manner affect the services or work undertaken by the CITY or any of its consultants or contractors pursuant to this Agreement. The CITY shall summarily and hold haradess the DEPARTMENT and its officers, agents and employees from any and all claims, suits, actions, damages and costs of every kind or wore arising out of or from any negligent, intentional, malicious or criminal set, error or omission occurring as the result of any performance or nomperforvame of the work undertaken by the CITY pursuant to this Agreement. It is expressly agreed and understood by the parties hereto that neither the DEPARTMENT nor the CITY hereby waive any immunities or rights they may have under the Maine Tort Claims Aa. 96-182 PIN 5850.00 Form Ed. 3/[/96 Page 9 of 11 Pages F. INSURANCE. The CITY shall require any and all consultants, contractors or subcontractors performing any of the services or work undertaken pursuant to this Agreement W be insured in accordance with the provisions ad forth under Section 103.08 of the DEPARTMENT's Standard Specifications. G. OWNERSHIP. All plana, reports, notes, papers or other tangible work produced by or on behalf of the CITY under tbe terms of this Agreement shall be the property of the DEPARTMENT and shall be burned over to the DEPARTMENT upon request following completion or termination of the project. The CITY shall be allowed an interest therein commensurate with its since of the project cost. H. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, transfer, assign or otherwise dispose of [Isis Agreement or any portion thereof or any right, tide or interest therein without the express written consent of the DEPARTMENT. No contract, agreement or transfer of this Agreement shall in any case release or relieve the CITY from any liability under this Agreement _ I. INTERPRETATION AND PERFORMANCE. This Agreement shall be governed by the laws of the Some of Maine as to its interpretation and performarce. J. ENTIRE AGREEMENT. This Agreement contains the entire agreementbetween the partes hereto relative W all matters of the project and neither party shall be bound by airy statement, correspondence, agreement or representation made previous herein which is not expressly contained herein. R. TERMINATION The DEPARTMENT may posoponc, suspend, abandon or otherwise terminate this Agreement upon written nuke W the CITY and in no event shall any such action be deemed a breach of wntrett. In the event that the reason for termination is other Nan for any failure by the CITY, the DEPARTMENT shell give the CITY a women thirty (30) day notice of termination Postponement, suspension, abondomnem or termination may be taken for any reason by the DEPARTMENT or specifically as the result of any failure by Ne CITY or any contractor dersunder W Perform airy of the services required under this Agreement to the satisfaction of the DEPARTMENT. Upon receipt of written notification from Ne DEPARTMENT that this Agreement is W be postponed, suspended, abandoned or terminated for any of the foregoing reasons, de CITY or any contractor Hereunder shall immediately cease all work or services subject to such termination, except any work required W protect public health and safety, and shall assemble all manorial Nat has been prepared, developed, furnished, purchased or obtained under the [emu of this Agreement and transmit or Wm over the enteral of the same to the DEPARTMENT within thirty (30) days following the effective data of such termination. Such =Wrist shall include all documents, plans, computations, drawings, notes, records, and correspondence and all construction materials in place or purchased for the project pursuanLL to this Agreement. Upm receipt of such material, the DEPARTMENT shall reimburse or arrange a settlement with the CITY in one of the following manrets: 96-182 PINI 5850.00 Form Ed. 3/1/% Page 10 of 11 Pages a. If the postponement, suspension, abandonment or termination is for any reason other than that an forth under subParagmph b below, the CITY shall be reimbursed for all work or services accomplished up until the date of such termination. b. If the postponement, suspension, abandonment or termination is the result of any failure by the CITY or any contractor thereunder to correct any unsatisfactory performance after receiving fifreen (15) days written notice from the DEPARTMENT setting forth the basis of such dissatisfzaion, the CITY's reimbursement shall be limited to payment for acceptable work or services accomplished up until the date of such termination. 2. The CITY may accept the DEPARTMENT's evaluation of Me work performed as hereinbefore provided cur submit to arbitration as hereinafter provided under Paragraph L below. N any event, the DEPARTMENT shall not consider any further reimbursement of any kind or aware pending the outcome of any such arbitration. L. ARBITRATION L Any and all claims, disputes or matters in question arising out of or relating to this Agreement or any breach thereof, which cannot be disposed of by mutual agreement of the parties hereto, may be submitted to arbitration conducted and governed by the Mies of the American Arbination Association applicable to the construction industry in effect at the time of the execution of this Agreement. Tice provisions of this Article shall be specifically enforceable under the prevailing arbitration law. 2. Should a demand for arbitration be submitted by either party to this Agreement, both parties shall have full right of discovery to all books, documents or other tangible things m Me extent permitted by the Maine Rules of Civil Procedures. V. TERMS OF AGREEMENT A. All of the provisions set forth under Articles I and B shall expire upon satisfactory completion of the terms act form therein or dnee (3) yens from the date hereof, whichever occurs first, unleas otherwise teras a ed sooner or extended later by virtue of any other provisions set form elsewhere in this Agreement. - B. All of the provisions set forth under Articles IR and IV, except Article IV, Paragraph E, shall expire upon satisfactory completion of the terms set fond under Article III uNess otherwise terminated sooner or extended later by virtue of any other provisions set forth elsewhere in this Agreement. C. The provision set form under Article IV, Paragraph E shall remain in full force and effect indefudmly or until terminated, modifed or amended in writing by the parties hereto or by may operation of law. 96-182 PIN 5M.W Form Ed. 3/1/96 Page 11 of 11 Pages VI WA9W tU1L\B This Agreement has Men approved and signed in duplicate by Ne patties Mow and becomes effective on the day and date lust above written. STATE OF MMNE DEPARTMENT OF TRANSPORTATION A CITY OF BANGOR By: Witness Edward A. Barrett City Manager