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HomeMy WebLinkAbout1996-04-08 96-183 ORDERCO"CILACTION Date: 04-08-1996 Item No.: 96-183 Item/Subject: Authorizing City Manager to Execute Agreement with MDOT Regarding Highway Laprovemeat Project- Stillwater Avenue STP-1510-5848(OOFM 5848.00 Responsible Department: Commentary: The attached Council Order authorizes execution of a routine agreement with MDOT for design and construction of project involving reconstruction of Stillwater Avenue from Hogan Road to Longview Drive. This project was requested Waugh BACTS and will be developed by the City. The local slws is 15% of total costs and Rinds are available in the Capital Budget. The project is expected to be completed this year, ud/ aoroaenrHead Managers Commevts: ; a.,, LNq Oomannger Associated Infmraation: Budge Appmvat: &Iyq 64566 i� Lege) Approval: , answ;am. Introduced For: ❑ Passage ❑ First Reading ❑ Refinal Page — of 96-183 Aetlgned to Councilor 8lancbetee April 8, 1996 CITY OF BANGOR (TITLE.) VtlTbP% AUthorhinvterent wish MDOT Regarding Highay improvement - Stillwater Avenue STP-15103818(00)/PIN 5848.00 By the City CwuLL of the CSW afBanym: ORDERED, THAT the City Manager is hereby authorimd and directed to emcute an agreemer0 with the Maine Department of Transportation for design and construction of highway improvement project involving reconstruction of Stillwater Avenue firm Hogan Road to Longview Drive - Federal Aid Project No. STP-1510-5848(W)/PIN 584600. A copy ofthe Agreemem is attached. IN CITY COUNCIL April 8. 1996 Passed Cl CLE i 96-I83 O ROER Title, Authorizing City Manager to Execute Agreement with MOT Regarding Highway Improvement Project - Stillwater STP-1510-5848(00)/PIN 5848.00 - ...................................... / Agngned to Eanaei>man 96-183 AGREEMENT BETWEEN THE STATE OF MAINE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING PROPOSED RECONSTRUCTION OF STILLWATER AVENUE FEDERAL, AID PROJECT NO. STP-1510-5848(00)/PM 5848.00 This AGREEMENT is entered man 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 reconstruct a portion of Stillwater Avenue in Bangor, including turning lanes, walkways and traffic signals, beginning at Hogan flood and extending in a nonheastarly direction for a distance of about 0.35 mile @ereafter project) as heretofore proposal in the DEPARTMENT's Multi -Modal Transportation Improvement Program for Fiscal Years 1994-1995, as follows: 1. PROJECT DEVELOPMENT A. The CITY shall submit an acceptable line item budget to 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 that the total of all such expenditures does not exceed the total amount allowable for the project as hereinafter provided under Paragraph M.1 below. B. The CITY shall not perform or amorize any services or work under this Agreement without first receiving the express approval to do so in writing from the DEPARTMENT. 1. Such approval shall be contingent upon the DEPARTMENT receiving authorinfion from the Federal Highway Administration (hereafter FHWA) for federal participation in the project costs hereinbefore described under Paragraph A above. The DEPARTMENT shall not unreasonably withhold such approval 2. All costs assured by Ne CITY prior to receiving such approval from the DEPARTMENT shall be ineligible for federal participation and therefore out rein burseable by the DEPARTMENT under Ne provisions of Article H. PIN 5918.00 96-183 Form Ed. 3/l/96 Page 2 of II Pages C. The CITY shall develop and prepare all of the necessary design plans, specifications, estimates, bid documents and contracts for the project as directed by the DEPARTMENT in accordance with the DEPARTMENT's current standards and procedures for federal -aid projects. The CITY shall submit all such plans, specifications, estimates, documents and contracts to the DEPARTMENT for review and approval. 1. All design features shall cordorm to AASIITO standards or equivalent. 2. Ali plans shall adhere to the DEPARTMENT's utility accommodation Policy as set forth in its "Policy lin Above Ground Utility Locations" as revised November 1987. D. The CITY shall develop and prepare all a oru mnemal 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 to time for review, comment and acceptance. E. The DEPARTMENT shall prepare and submit to FFIWA for coneurrence all environmental documentation required for the project under the provisions of dre National Environmental Policy Act (NEPA). P. The CITY shall obtain all Permits necessary to cornmeal: the project. U. The CITY shall provide for adequate public participation as directed by the DEPARTMENT during the development of the project. E. The CITY shall auquire and Burmah all right of way necessary to construct and maintain the project. 1. All such right of way shall be acquired in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policia Act of 1970, as amended by the United States Congress m 1987, paramour to fire provisions set forth under 69 CPR Part 26. 2. All such right of way shall be acquired prior to advertising for bids and shall be held etiolate from all encroachments. The CITY sball certify to the DEPARTMENT that all such right of way has been acquired prior to being allowed to advertise for bids as hereinafter provided under Paragraph I below. 3. The CITY shall furnish to the DEPARTMENT a right of way map or similar plan prepared in accordance with the DEPARTMENT's specifications derailing all right of way so acquired for da: project. I. Upon approval by the DEPARTMENT, the = shall advertise and award a contract b construct the project as directed by the DEPARTMENT. 1. Both the CITY and the DEPARTMENT shall have the right to accept or reject any and all bids received as a result of such advertisement. 96-183 PIN 5848.0 Form Ed. 3/1/96 Page 3 of 11 Pages 2. The CRY small not award any contract to construct the project without the express approval of the DEPARTMENT. 3. The wretrmfion contract shall prescribe Nat the project shall be constructed in accordance with the plans and specifications approved by me DEPARTMENT and in compliance with the DEPARTMENT'S current Standard Specifications for Highways and Bridges (hereafter Standard Specifications). 4. Prim to the beginning of construction, the CITY shall arrange for a precom ucfion 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 is accordance with the provisions of Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways. 6. Any work involving force account procedures shall raluire me express approval of me DEPARTMENT prior to doing so. L The MY shall provide all of de 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. 1. The CRY shall provide a full-fime qualified employee to be in responsible charge of the project. 2. The CRY sball use procedures acceptable to the DEPARTMENT m document the quantity and quality of all work performed under Nis Agreement in an accurate and uniform manner. All such documentation including all source documents used as the basis of payment for such work shall become a matter of record and retained as hereinafter provided under Article III, Paragraph A. 3. The CRY shall provide all testing as directed by the DEPARTMENT. 4. Upon completion of me project, the CITY shall provide a compliance certification that the project was conawcted, quantities measured and documented, and materials tested m accordance with the specification requirements of the construction contract as well as the policies and procedures approved by the DEPARTMENT. PIN 5M8.W 96-183 Form Ed. 3/1/96 Page 4 of 11 Pages K. The DEPARTMENT may inspect construction activities and all documentation pertaining 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, the DEPARTMENT may inspect the project to determine the acceptability thereof prior to paying any twat claim for reimbursement of project costs as geminafter provided under Article IL Paragraph C.2. L. Upon completion of constmcfion. Ne CITY shall provide the DEPARTMENT with a set of reproducible as built plays of the project on mylar or equivalent archival quality material acceptable to the DEPARTMENT soluble for permanent (ding. M. The CITY shall make no changes in the project, except as hereinafter provided, without the express written approval of the DEPARTMENT. I. An approved change shall be required to increase the cost of the project whenever expenditures are expected to exceed any approved single war category or budget line item amount by ten (10%) percent or whenever the tout of all participating project costs as hereinafter defimd under Article 11, Paragraph A is expected to exceed the sum of Font Hundred Thirty Thousand ($430,000) Dollars. In no event shall the total of all such participating project costs exceed the sum of Four Hundred Thirty Thousand ($430,000) 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 forth herein, to extend or shorten de period of this Agreement or to contract out or otherwise obtain the services of a third party to perform any of the services incidental m the project, except as otherwise approved or provided for herein. N. The CITY shall assure that all work undertaken pmmant to this Agreement conforms to all applicable federal and State laws. Specific federal laws and regulations covering such work are contained under Title 23 in the United States Code (hereafter USC) for applicable smtutory law ant 23 CFR for applicable administrative law. General administrative requirements relative to federally funded activities are also contained under 49 CFR Part 18 emitted "Uniform Administrative Requirements for Gants and Cooperative Agreements to State mad Local Cmvemmenu". Allowability for participating wets is contained in the Executive Office of the President of [he United States' Office of Management and Budget (hereafter OMB) Circular A-87 emitted "Cost Principles for State and Local Governments". O. The CITY shall develop and implement a maintenance plan acceptable to the DEPARTMENT which assures an appropriate level of maintenanee necessary m maintain the improvements constructed under Ne Project in order to preserve the use and function thereof as intended by the project. PIN 5848.00 96-183 Form Ed. 3/1/96 Page 5 of Il Pages II. COST SHARING & REIMBURSEMENT PROCEDURES A. The DEPARTMENT shall be responsible for a portion of the cost to develop, design and construct the project (hereafter project costs) as follows: 1. The DEPARTMENT shall Provide federal hunts administered by FB WA under the Provisions of the Inreman al Surface Transportation Efficiency Act (ISTEA) of 1991 (hereafter federal share) at the rare of eighty aid twenty-eight hundredths (80.28%) percent of all project costs deemed eligible for federal participation m aaordarae with all applicable federal laws and regulations as hereinbefore referenced under Article I, Paragraph N above. 2. The DEPARTMENT shall also provide all of the non-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 fifteen (15%) percent of all project costs, including all costs incurred by the DEPARTMENT to develop, inspect and administer the project. The CITY shall also be responsible for any project costs deemed ineligible for federal participation, including those as hereinbefore provided order Article 1, Paragraph B.2 above and as hereinafter provided under Paragraph C.5 below, unless otherwise agreed to in writing as hereinbefore provided under Article I, Paragraph M.2 above. C. The DEPARTMENT shall reimburse the CITY for no more than eighty-five (85%) percent of all project costs incurred by the CITY as follows: I. The CITY shall bill the DEPARTMENT no less than monthly for all claims for all allowable direct and actual project costs incurred under the provisions of this Agreement. Costs are hummed whenever work is performed, goods and services are received or a cash disbursement is made. All claims for such costs shall be submitted on the OTY's billmad or invoice and he itemized to at least the same detail as itemized in the approved Project budget. Each claim so submitted shall include an accumulative mud for all costs incurred by cost category or budget fire item. Each claim shall also include a certification from a qualified employee in responsible charge of the project that all amounts so claimed for reimbursement are correct, due and not claimed previously and that all work for which such reimbursement is being claimed was performed in accordance with the berms of this Agreement or any specific contract applicable thereto approved by the DEPARTMENT under the tome of this Agreement. PIN 5848.110 96-183 Form Ed. 3/1/96 Pageii of 11 Pages 2. In rhe event [hat less than One Thousand ($I000) Dollars in such reasi arwable costs are incurred in any one mord period or regularly scheduled billing period of at least ore month duration, the CITY shall defer any such claim therefor until the next month car regularly scheduled billing period in which at least One Thousand ($f000) Dollars in such reimburseable costs live been incurred or until the last or final claim is submitted for reimbursement. Payment of any such fw1 claim may be subject in a final impecfion of the project by the, DEPARTMENT m determine Ne acceptability thereof as hereinbefore provided under Article 1, Paragraph K. 3. The DEPARTMENT shall deduct all of the MY's share of such costs as bereinbefore described under Paregraph l3 above prior to making any such reimbursement The CITY shall show such share on all bills so submitted. 4. The DEPARTMENT shall make such reimbursement the CITY until fifty (50%) percent of all eligible costs have been so reimbursed, following which, five (5%) percent of all subsequent reimbursanems shall be withheld and retained by the DEPARTMENT until all work undertaken by the CITY purs mm in this Agreement is completed satisfactorily. a. All of that portion of such reimbursement so retained shall be withheld and remitted by rhe DEPARTMENT to the extent and in the same manner set forth under the provisions of 23 M.R.S.A. Section 52-A. b. Upon satisfactory completion of all work undertaken by the CITY pursuant to this Agreement, the DEPARTMENT may release a portion of such reimbursement an retained. The remaining balance of such ruimburaerrrem so retained shall be withheld and retained until such time as all things required of the CITY under this Agreement me received, completed or accomplished m the satisfaction of the DEPARTMENT. The DEPARTMENT, at its option, may retain temporarily or permanently, from time to time, any portion of such remaining balance which it deems equitable. 5. In the event met 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 in the loss of federal participation in any of Ne reimbursable costs as provided herein, the CITY shall be responsible for all of the federal share of such costs and, if necessary, shall refund to the DEPARTMENT all of the federal share of my reimbursements received which subsequently become ineligible for helical participation. If. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain all project records for a period of three (3) years from the data of the last or fecal submission of claim for reimbursement for project costs in accordance with the provisions of 49 CFR 18.42(6), except as otherwise provided under subparagraph 1 below. 96-183 PIN 5848.00 From Ed. 3/1/96 Page 7 of 11 Pages 1. In We event dot any litigation, claim, negotiation, audit or other action involving such records has begun prior to the expiration of such period, disco all records shall be retained until all action and resolution of all issues arising therefrom are complete if such action or resolution extends beyond the three year period hereinbefore described. 2. The CITY shag assure that in arcordatxx with the provisions of 49 CFR 18,42(e), the DEPARTMENT and FHWA, and if necessary, the Comptroller Demand of the United States, or any of thein authorized representatives, shall have full access at any and all reasonable times to all records of the project for all purposes necessary to make audits, examinadons, excerpts or transcripts. B. The CITY shall assure shat all applicable audit re0uire== are met in accordance with the Provisions of OM3 Circular A-128. IV. GENERAL PROVISIONS A. INDEPENDENT CAPACITY. The CITY, its employees, agents, representatives, consultants or contractors, shall in performance of the work under this Agreement act in an independent capacity from and out as officers, employees or agents of the DEPARTMENT. B. CONTRACT ADMINISTRATOR. Following execution of this Agreement, the DEPARTMENT shall assign a Project Leader to act as the Contract Administrator on behalf of the DEPARTMENT during the development of the project order this Agreement. As the DEPARTMENT's representative, the Contract Administrator shall haveauthority to stop the work if necessary 0 ensure proper execution thereof in accordance with terms of this Agreement.. All bills or invoices for payment, progress reports, claims, comespowlenee and all project related submissions from Ne CITY shall be sent directly to de Contract Administrator. C. EQUAL EMPLOYMENT OPPORTUNITY During the performance of any work undertaken pursuant in this Agreement, the CITY shall not discriminato against any employee or applicant for employment relating specifically to any work under this Agreement because of race, rotor, religious creed, sex, national origin, ancestry; age or physical handicap madras related to a bonaftde occupational qualification. The CITY shall take affirmative action to ensure that all such applicants are employed and all such employees are treazed during any period of employment under this Agreement without regard intheir race, color, religion, sex, age or national origin. Such action shall include, but not be necessarily limited to: employment, upgrading, demotions, trawlers, recruitment or advertising for recommend, layoffs or terminations, rates of pay or other forms of compensation and selection for all forms of training seat apprenticeships. The CITY shall prominently post in conspicuous places readily available to all employees and applicants for such employment hereunder, retires setting forth the provisions of this paragraph. 96-183 PIN 5868.00 Form Ed. 311196 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 undertaken pursuant to this Agreement, the CITY shall state Nat all qualified applicants shall receive consideration fa 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 collative bargaining agreement or any other contract or understanding under which any labor, work or services are to be finished towards the project: under the terms of this Agreement, a notice advising all such labor unions or representatives of the CITY's commitment under this Article and shall prominently post copies of such notice in conspicuous places readily available to all such employees and applicants for employment. d. The CITY shall cause as of the foregoing equal employment oppoagnity Provisions under these paragraphs to be included m any contracts for services or work undertaken pursuant to thus Agreement in such a murder that such provisions shall be binding upon each consultam or contractor except that the foregoing provisions shall rot apply to any contracts for purchasing or famishing smmWard commercial supplies or raw materials. To me maximum extent feasible, the CITY or any such conulant or contractor shall list all suitable employment openings with the Maim Job Service muter the Maine Department of Labor's Bureau of Employment Security. This provision shall act apply to employment openings which the CITY or any such consultant or contractor proposes to fill within its own organization. The listing of such openings with da Maine Job Service shall involve only the normal obligation which pertain thereto. D. LIABILITY. Any amooat paid out by the DEPARTMENT arising out of or from any errors, omissions or failures on the part of the CITY to meet professional standards of construction engineering and inspection shall be recovered from the CITY by reductions in any reimbursements due it under me terms of this Agreement or by any other legal ream. The DEPARTMENT shall promptly amity the CITY if any potential claim arises under me provisions of this Article. The CITY shall be afforded fall opportunity for a defense against any such claim. If it is subsequently determined that any such reduction in any reimbursement due me CITY by the DEPARTMENT was either arbitrary, capricious or haudulem, then any amount so reduced shall be paid promptly. E. FAMILIARITY WITH LAWS AND INDEMNIFICATION. The CITY is assumed to be Instiller with and at all times shall observe and comply with all federal and Some laws as hereiNhefore prescribed and all local laws, ordinances and regulations which in any consumer affect me services or work undertaken by the CITY or any of its consultants or contractors pursuant to this Agreement. The CITY shall indetvnlfy and hold harmless the DEPARTMENT and its officers, agents and employees from tory and all claims, suits, action, damages and costs of every kind or nature wising out of or from any negligent, intentional, malicious or criminal act, error or omission occurring as the result of any performance or nonperformance 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 tar the CITY hereby waive my immunities or rights they may have under me Maize Tort Claims Act. 96-183 PEN 5848.00 Form Ed. 3/1/96 Page 9 of 11 Pages F. INSURANCE. The CRY shall require any and all consultants, contractors or subcontractors performing any of the services or work undertaken Potsdam to this Agreement to be insured in accordance with the provisions so fond under Section 103.08 of me DEPARTMENT's Standard Specifications. G. OWNERSHIP. All plans, reports, motes, papers or other tangible work produced by or on behalf of the CITY under the terms of this Agreement shall be the property of the DEPARTMENT ted shall be trued over to the DEPARTMENT upon request following completion or termination of the project. The CITY shall be allowed an interest therein commensurate with its share of the project cost. H. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion thereof or any right, title or interest therein without the express written consent of the DEPARTMENT. No contract, agreement or number of this Agreement shall in any case release or relieve the CITY from any liability under this Agreement. 1. INTERPRETATION AND PERFORMANCE. This Agreement shall be governed by the laws of the State of Maim as to its interpretation and performance. J. ENTIRE AGREEMENT. This Agreement contains the entire agreement between me patties hereto relative to all makers of the project and mother party shall be bound by any statement, correspondence, agreement or representation made previous b000 which is not expressly command herein. - K. TERMINATION The DEPARTMENT may postpone, suspend, abandon or otherwise terminate this Agreement upon written notice to the CITY and in no evert shall any such action be deeaed a breach of contract. In the event that the reason for termination is other than for any failure by the CRY, the DEPARTMENT shall give tic CITY a written thirty (30) day notice of termination. Postponement, suspension, abaadonment or formation may be taken for any reason by the DEPARTMENT or specifically as the resort of any, inure by the CRY or any contractor ducounder to perform any of the services required under this Agreement to the satisfaction of the DEPARTMENT. Upon receipt of written notification from the DEPARTMENT thai this Agreement is in be Postponed, suspended, abandoned or terminated for any of the foregoing reasons, the CITY or any contactor thereunder shall immediately cease all work or services subject to such termination, except any work required to protect public health and safety, and shall assernble all material that has bees Prepared, developed, famished, purchased or obtaived under me terms of this Agreement and trammit or tum over the control of the same to the DEPARTMENT within tarty (30) days following the effective date of such combustion. Such material shall include all documents, plans, computation, drawings, notes, records, and correspodenm and all concoction materials in place or purchased for the project pursuant to this Agreement. Upon receipt of such essential, the DEPARTMENT shall reimbmse or arrange a settlement with the CITY in one of the following scanners: 96-183 PIN 5848.00 Form Ed. 3/1196 Page 10 of 11 Pages a. If the postponement, suspension, abandonment or temtination is for any reason other than that set forth under subparagraph b below, the CITY shall be reimbursed for all work or services accomplished up until the date of such termination. b. If the posrporremem, susp+"=ion, abandonment or termination is the result of any failure by the CITY or any contractor thereunder to correct any unsatisfactory performance after receiving fifteen (15) days written notice from the DEPARTMENT setting forth the basis of such dissatisfaction, the CITY's reimbursement shall be limited to payment for acceptable work or services acwmplisbed up until the date of such termination. 2. The CITY may accept Ne DEPARTMENT's evaluation of the work performed as hereinbefore provided or submit to arbitration as hereinafter provided under Paragraph L below. In any even, the DEPARTMENT shall not consider any further reinbmserrent of any land or nature pending the outcome of any such arbitration. L. ARBITRATION L Any and all clahns, disputes or numbers in question arising out of or relating to this Agreement or any breach thereof, which camml be disposed of by mutual agreement of the parties hereto, may be submitted to arbitration conducted and governed by the rola of the Anerican Arbitration Association applicable to she contraction industry in effect at the derne of the execution of Nis Agreement. The provisions of this Article shall be specifically enforceable under the prevailing arbitration law. 2. Should a demand for arbitration be subnitred by either party to this Agreement, both partes shall have full right of discovery to all books, docurnsh; or other tangible things to the extent perntitfM by the Maine Rules of Civil Procedures. V. TERMS OF AGREEMENT A. All of the provision set forth under Articles I and II shall expire upon satisfactory completion of the terms set forth therein or three (3) years from the date hereof, whichever occurs first, unless otherwise automated sooner or extended later by virtue of any other Provisions set forth elsewhere in this Agreement. B. All of the provisions set forth under Articles IB and 1V, except Article IV, Psuagmph E, shall expire upon satisfactory completion of the hours ad forth under Article IB unless otherwise terminated sooner or extended later by virtue of any other provisions set forth elsewhere in this Agrement. C. The provision set forth ander Article IV, Paragraph E shall remain in fall force and effect indefinitely or until [surnamed, modified or amended in writing by the parties hereto or by any operation of law. PM 5868.00 96-183 Form Ed. 3/1/96 Page II of 11 Pages VI. APPROVAL This Agreement has been approved aM signed in duplicate by Ne parties below and becomes effective on dre day and date first above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: CITY OF BANGOR By. Edward A. Barrett City Manager