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HomeMy WebLinkAbout1996-04-08 96-184 ORDERCOUNCIL AMON Data April 8, 1996 Imm No.: 9696_ Item/Subject: Authoris iog City Manager to Execute Agreement with MDOT Regarding Highway Improvement Project- Union Street STP -1550-5847(00)/M 5847.00 Responsible Departrnevt Engineering Consonancy: The attaches Council Order amhoriva execution of a routine agre trent with hdDOT for design and construction of a project involving resurfacing the portion of Union Street between Griffin Road and Downing Road. This project was requested through BACTS, and will be developed by the City. We will be responsible for 15% of tocol costs and funds for the local share are available in the Capital Budget. The project is expected to be completed this year. r.«4✓� I �� � � m(ment Head Mavagefs Consonants: I'604 L4`ffC -" Q M Associated hBorvmtion' I Budget Approval dvA-Sl4A 458 S�aO mnaw�nteva, e Legal Approval: - Introduced For: ❑ Passage ❑ First Reading ❑ Referral page Ardprcd to Cauvulor Popper April 8, 1996 CITY OF BANGOR (TRLE.) i IN. CITY. COUNCIL 90-964184 April 8, 1996 Passed., 0 R D E R - Title, A thor i g City Manager to Execute CS CL "Agreemmont with MOT Regarding Highway - Improvement Project - Union Street STP- ..:. ........ .. ...................... 1550-584)(00)fPIN 584).00 ...................................... a. A.;gneAto . �.,........ oume,>man 96-184 AGREEMENT BETWEEN THE STATE OF MAINE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING PROPOSED RESURFACING OF UNION STREET FEDERAL AID PROJECT NO. STP-1550-584'/(0(0)/PIN584].00 This AGREEMENT is entered into on this day of 1996 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 Room 222, in Bangor, beginning at Griffin Road mail extending in a northwesterly direction for a distance of about 1.06 miles to Downing Road (bmeafter project) as herdofore proposed in the DEPARTMENT's Multi -Modal Transportation Improvement Program for Fiscal Years 1994-1995, as follows: A. The CITY shall submit an acceptable life item budget to the DEPARTMENT for approval which contains an itemization of project casts as directed by the DEPARTMENT. Once such a budget is approved, expenditures may exceed any single cost category or budget line item amoum by up to ten (10%) percent without modification provided that the anal of all such expenditures does not exceN the total amount allowable for the project as hereinafter provided under Paragraph M.1 below. B. The CITY shall not Perform or authxize any services or work under this Agreemem without first receiving the express approval to 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 the project costs hereinbefore described under Paragraph A above. The DEPARTMENT shall not unreasonably withhold such approval. 2. All costs incurred by the CITY prior in receiving such approval from the DEPARTMENT. shall be ineligible for federal participation and therefore not reimburseable by the DEPARTMENT ander the provisions of Article R. 96-184 PW 5847.00 Form Ed. 3/1/96 Page 2 of 11 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 conform to AASHTO standards or equivalent. 2. All plans shell adhere to the DEPARTMENT's utility accommodatlov policy as ad forth in its "Policy On Above Ground Utility L afiore" as revised November 1987. D. The CITY shall develop ard prepare all eaviroom enrol 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 bone for review, comment and acceptance. E. The DEPARTMENT shall prepare and submit to FHWA for concurrence a0 rnvicormirnnd documentation required for the project order the provisions of the National Emiromvemal Policy Act (NEPA). F. The CITY shall obtain all permits necessary to construct ted project. G. The CITY shag provide for adequate public participation as directed by the DEPARTMENT during the developtneM of the project. H. The CITY shall acquire and furnish all right of way necessary to construct add maintain the project. 1. All such right of way shall be acquired in accordance with the Uniform Relocation Assistance and But Property Acquisition Policies Act of 1970, as amended by the United States Congress in 1987, pursuant to the provisions set forth under 49 CER Part 24. 2. All such right of way shall be acquired Prior m advertising for bids and shall be Mid inviolate from all encroachments. The CITY shall testify to the DEPARTMENT that all such right of way has been acquired prior to being allowed to advertise for bids as hereinafter provhled under Paragraph I below. 3. The CITY shall tmrush to the DEPARTMENT a right of way map or similar plan prepared in accordance with the DEPARTMENT's specifications detailing all right of way so acquired for the project. I. Upon approval by the DEPARTMENT, the CITY shall advertise and award a contract to construct the project as directed by the DEPARTMENT. 1. Both the CITY and fie DEPARTMENT shall have the right to accept or reject any and all bids received as a result of such advertisement. PIN 5847.00 96-184 Form Ed. 3/1/96 Page 3 of 11 Pages 2. The CITY shall not award any contract to construct the project without the express approval of the DEPARTMENT. 3. The construction contract shall prescribe that the project shall be constructed N accordance with the plans and specifications approved by the DEPARTMENT and in compliance with the DEPARTMENT'S curreN Standard Specifications for Highways and Bridges thereafter StandaN Specifications). 4. Prior to the beginning of construction, the CITY shall arrange for a preconshuction 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. S. Traffic tluoughout all work areas of the project shall be controlled in accordance with ted provisions of Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways. 6. Any work involving force account procedures shall require the express approval of the DEPARTMENT prior to doing so. 1 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 des concoction contract. 1. 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 to document the quantity and quality of all work performed under this Agreement in an accurate and uniform mer. All such documentation including all source documents used as the basis of payment for such work shall become a matter of record and remind 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 construction contract as well as the polities and procedures approved by the DEPARTMENT. 96-184 PIN 5847.00 Form Ed. 3/1/96 Page 4 of Il Pages K. The DEPARTMENT may inspect construction activities and all documentation pertaining therein at any time during the period of construction and may cess 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 prim to paying any foul claim for reimbursement of project costs as hereinafter provided under Article 11, Paragraph C.2. L. Upon completion of construction, the CITY shall provide the DEPARTMENT with a sat of reproducible as -built plans of the project on mylar or equivalent archival quality material acceptable m 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 small be required to increase the cast of the project wherever expenditures are expected to exceed any approved single cost category or budget lire item amount by ren (l0%) percent or wherever the most of all participating project costs as hereinafter deduced under Article H, Paragraph A is expected to exceed the atm of Three HuMred Thirty ThousaM ($330,000) Dollars. In no event shall the mal of all such participating project costs exceed the stun of Three Hundred Thirty Thousand ($330,000) Dollars without ted express written approval of the DEPARTMENT. 2. Approved changes shall also be required to revise, modify or change -tie scope or objectives of Ne project or any of the cost sharing or reimbursement provisions set forth herein, to extend or simmers the Period of this Agreement or to contract out or otherwise obtain the services of a third party to perform any of the services incidental to The project, except as otherwise approved or provided for herein. N. TM CITY shall assure that all work undermken pursuant 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 Stares Code (hereaOm USC) for applicable statutory, law and 23 CFR for applicable administrative law. General administrative requirements relative to federally funded activities are also contained under 49 CFR Part 18 entitled "Uniform Admiwstrative Requhemems for Grants and Cooperative Agreements m State and Local Governments". Allowability, for participating costs is command] in the Executive Office of the President of the United States' Office of Management and Budget (hereafter OMB) Circular A-87 en itied "Cost Priaeiples for Some and local Governments". A. The DEPARTMENT shall be responsible for a portion of the cost to develop, design and construct the project (hereafter project corm) as follows: PIN 5847.00 96-184 Form Ed. 3/1/96 Page 5 of Il Pages 1. The DEPARTMENT shall provide federal funds administered by FEWA miler the provisions of the Intermodal Surface Transportation Efficiency Act TSTEA) of 1991 (hereafter federal share) at the raze of eighty and twenty-eight hundredths (80.28%) percent of all project costs deemed eligible for fedend participation in accordance with all applicable federal laws and regulations as hereinbefore referenced under Article 1, Paragraph N above. 2. The DEPARTMENT shall also provide all of the ran -federal or matching share of ad project costs remaining after deducting the CITY's share of such costa as hereirafter provided under Paragraph B below. B. The CITY shall be responsible for fifteen (15%) percent mall 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 damned ineligible for federal participation, including those as hereinbefore provided under Article 1, Paragraph B.2 above and as hereinafter provided under Paragraph 0,5 below, unless otherwise agreed to in waiting as hereinbefore provided under Article 1, Paragraph M.2 above. C. The DEPARTMENT shall reimburse Ute CITY for no more than eighty-five (85%) percent of all Project costs imumd[ by the CITY as follows: 1. The CITY shall bed the DEPARTMENT no less than monthly for all claims for all allowable direct and acres] project costs inemred under the provisions of this Agrarnent. Costs are incurred whenever work is performed, goods and services are received or a cash disbursement w made. All claims for such costs shall be submitted on the CITY's billhead or invoice and be boomed m at least the sante demil as itemized in the approved project budget. Each claim so submitted shall include an accumulative total for all costs incurred by cost category or budget line 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 ant not claimed previously and that all work for which such reimWrsemem is being claimed was performed in accordance with the terms of this Agreement or any specific contract applicable thereto approved by the DEPARTMENT order the terms of this Agreement. 2. In the event that less dean Ore Thmbsand ($1000) Dollars in such reimbumeable costs me incurred in ami one month period or regularly scheduled billing period of at least one month duration, the CITY shall defer any such claim therefor and Ube next mond or regularly scheduled billing period in which at least One Thousand ($1000) Dollars in such reimburseable costs have been incurred or until the las[ or final claim is submitted for reimbursemem. Payment of any such find claim may be subject to a fbnel 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 cost as hereinbefore described under Paragraph B above prior to making any such reimbursement. 96-184 PIN 5847.00 Form Ed. 3/t/96 Page 6 of 11 Pages 4. The DEPARTMENT shall make such reimbursement to the CITY until fifty (50%) percent of all eligible costs have been so reimbursed, following which, Eve (5%) percent of all subsequent reimbursements shall be withheld and retained by the DEPARTMENT until all work undertaken by the CITY pursuant in this Agreement is completed satisfactorily. a. All of that portion of such reimbursement so commit shall be withheld and retained by me DEPARTMENT in the extent and in the same manses set form under me provisions of 23 M.R.S.A. Section 52A. b. Upon satisfactory completion of all work undestaken by me CITY Pursuant to this Agreement, the DEPARTMENT may release a portion of such reimbursement so retained. The remaining bamnse of such reimbursement so retained shall be withheld and remind until such fine as all things required of tlx CITY mother this Agreement are received, completed in accomplished in the satisfaction of the DEPARTMENT. The DEPARTMENT, at it option, may retain temporarily or permanently, from time to it=, any portion of such remaining balance which it deems equitable. 5. In the event that the QTY withdraws from the project, suspends or delays work on the project or takes some other action, including any acts of commission or omission, without commrzence of the DEPARTMENT which results in the loss of federal participation in any of me reimbursable costs as provided herein, be CITY shall be responsible for all of the federal shame of such costs and, if necessary, shop remnd to One DEPARTMENT all of the federal share of any reimbursements received which subsequently become ineligible for federal participation IH. RECORD RETENTION, ACCESS REQUIREMENTS & AMU A. The CITY shall mourro 1 all project records for a period of three (3) yeas from the date of me last in find submission of claim for reimbursement for project costs in accordance with the provision of 49 CPR 18.42(b), except as otherwise provided under subparagraph 1 below. 1. In the event that any litigation, claim, negotiation, audit or other action involving such records has begun prior in the expiration of such period, men all records shah be retained mail all action and resolution of all issues arising therefrom are complete if such action or resolution extends beyond the three yea period hereinbefore described. 2. The CITY shall assure that in accordance with me provisions of 49 CFR 18.42(e), the DEPARTMENT and FHWA, and if necessary, the Comptroller General of the United States, or any of thew authorized representatives, shall have Poll access at any and all reasonable lives to all records of the project for all purposes necessary to native audits, examination, 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. PIN 5867.00 96-184 Form FA. 3/1/96 Page 7 of Il Pages I VRgBCItl Nilpp:Z�]IHYD)Cp. A. INDEPENDENT CAPACITY. The CITY, its employees, agents, representatives, consultama or contractors, shall in Performance of the work under this Agreement act in an independent capacity from and not as officers, employees or agents of the DEPARTMENT. B. CONTRACT ADMINISTRATOR. Following execution of this Agreement, the DEPARTMENT shall assign a Project Lender to act as the Contract Administrator on behalf of the DEPARTMENT during the development of the project under this Agreement. As the DEPARTMENT's representative, the Contract Administrator shall have authority to stop the work if necessary to ensure proper execution thereof in accordance with cerins of this Agreement. All bills or invoices for payment, progress reports, claims, correspondence add all project related submissions from the CITY shall be sent d ccady to the Contract Administrator. C. EQUAL EMPLOYMENT OPPORTUNITY 1. Wring the performance of any work uudetudam Purmam m [Itis Agreement, the CITY shall not discriminate against any employee or applicant for employment relating specifically to any work under this Agreement because of race, color, religious creed, sex, national might, ancestry, age or physical handicap unless related m a bonafide occupational qualification. The CITY shall take affirmative action to ensure that all such applicants are employed and all such employees are treated during any period of employment under Ws Agreement without regard to their race, color, religion, sex, age or national origin. Such action shall include, hot not be necessarily limited to: employment, upgrading, demotions, transfers, recruitment or advertising for recruitment, layoffs or terminations, mus of pay or other fors of compensation and selection for all forms of gaining and apprenticeships.. The CITY shall prominently post in conspicuous places readily available to all employees and applicants for such employment hereunder, notices setting forth the provisions of this paragraph. 2. In all solicitations or advertising for employees placed by or on behalf of the CITY totaling specifically to any work undertaken pursuaN m this Agreement, the CITY shall state that all qualified 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 In each labor union or representative of any of its employees covered by a collective bargaining agreement or any other contract or understanding under which any labor, work or services are m be furished towards the project under the terns of this Agreement, a notice advising all such labor unions or representatives of the CITY's wrvimmen[ under dos Article and shall prominently post copies of such notice in conspicuous places readily available to all such employees and applicants for employment. PIN 5847.00 96-184 Tom Ed. 3/1/96 Page 8 of 11 Pages 4. The CITY shall cause all of the foregoing equal employment opportunity provisions under these paragraphs to be included in any contracts for services or work undertaken pursuant to this Agreement in such a motion that such provisions shall be binding upon each consultant or contractor except that the foregoing provisions shall clot apply to my connects for purchasing or furnishing standard commercial supplies or raw materials. To the maximum extent feasible, the CITY or any such consultant or contractor shall list all suitable employment openings with the Maine lob Service under the Maine Department of Labor's Bureau of Employment Security. This provision shall not apply in employment openings which the CITY or any such consultant or contractor proposes to fill within its own organization. The listing of such openings with the Maine fob Service shall involve only the normal obligation which pertain therein. D. LIABILITY. Any amount paid out by the DEPARTMENT arising out of or from any errms, omissions or failures on the pmt of the CITY m meet professional standards of construction engineering and inspection shall be recovered from the CITY by reductions in any reimbursements due it under the terns of this Agreement or by any met legal mewls. The DEPARTMENT shall promptly notify the CITY if any potential claim arises under the provisions of this Article. The CITY shall he afforded f alt opportunity for a defense against any such claim. If it is subsequently detemdned that any such reduction at any reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or fraudulent, then any amount so reducN shall be paid promptly. E. FAMILIARITY 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 matter affect the services or work undertaken by the CITY or any of he consultants or contractors pursuant to this Agreement. The CITY shall indemnify and hold barmless the DEPARTMENT and in officers, agents and employees from any and all moues, suits, actions, damages and cols of every IoM or nature arising out of or from any negligent, intentional, malicious or criminal set, error a omission occurring as the result of any performance or nonperformance of the work undertaken by the CITY pursuant or this Agreement. It is expressly agreed and understand by the partes bereto that neither the DEPARTMENT nor the CITY hereby waive any mountains or rights they may have under the Maine Tort Claims Act. F. INSURANCE. The CITY shall require any and all consultants, contractors or subcontractors performing any of the services or work undertaken putsuam to this Agreement to be insured in accordance with the provisions set forth under Section 103.08 of the DEPARTMENT'S Standard Specifications. G. OWNERSHIP. All plans, reports, rotes, papers or other tangible work produced by or on behalf of the CITY under the hems of this Agreement slash be the property of the DEPARTMENT and shall be crowd ova to Ne DEPARTMENT upon request following completion or termination of the project. The CITY shall be allowed an interest therein con ownsuram with its share of the project cost. 96-184 PIN 5847.00 From Ed. 3/1/96 Page 9 of 11 Pages H. SUBLETTING, ASSIGNMENT OR TRANSFER. The CITY shall not sublet, sell, transfer, assign or otherwise dispose of Ws Agreement or any portion thereof or any right, title 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 mailer this Agreement. L INTERPRETATION AND PERFORMANCE. This Agreement shall be gowmed by the laws of the State of Maine as to its interpretation and performance. I. ENTIRE AGREEMENT. This Agreement contains the more agreement between the parties hereto relative to all manors of die project and neither party shall be bound by any statement, correspondence, agreement or representation made previous hereto which is not expressly contained herein. K. TERMINATION The DEPARTMENT may postpone, suspend, abandon or otherwise terminate this Agreement upon written notice to the CITY and in no event shall any such action be dearest a breach of contract. In the evem that the reason for smadnation is odor Nan for any failure by the CITY, the DEPARTMENT shall give the CITY a written thirty (30) day notice of termination. Postponement, suspension, abandonment or temduation may be taken for any reason by the DEPARTMENT or specifically as the result of any failure by the CITY or any comrector thereunder m perform any of the services required under this Agreement to the satisfaction of the DEPARTMENT. Upon receipt of written uotil ation from the DEPARTMENT that this Agreement is to be Postponed, suspected, abatdoned or terminated for any of the foregoing reasons, the CITY or any contractor thereunder shall immediately cease all work or services subject to such termination, except any work required to protect public bealdh and safety, and shall assemble all material that bas been prepared, developed, furnished, purchased or obtained under the terms of this Agreement and transmit or tum over the control of the same to due DEPARTMENT within thirty (30) days following the effective date of such termination. Such material shall include all documents, plans, computations, dawiags, rotes, records, and correspondence and all construction materials to place or purchased for the project pursuant to Nis Agreement. Upon receipt of such material, the DEPARTMENT shall reimburse or arrange a settlement with the CITY in one of the following manners: a. If the postponement, suspension, abandonment or termination is for any reason other than that set fond under subparagraph b below, the CITY shall be reimbursed for all work or services accomplished up until the date of such nomination. 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 fifteen (15) days written notice from the DEPARTMENT seining fond the basis of such dissatisfaction, the CITY 'a reimbursement shall be limited to payment for acceptable work or services accomplished up until the date of such termination. 96-186 PLY 5847.00 Form Ed. 3/1/% Page 10 of Il Pages 2. The CITY may accept the DEPARTMENT's evaluation of the work performed as hereinbefore provided or submit to arbitration as hereinafter provided under Paragraph L below, Iv any eyem, the DEPARTMENT shall not consider any further reimbursement of any kith or moue pending the outcmne of any such arbitration. L. ARBITRATION L Any and all claims, disputes or matters in question arising out of or reeling to this Agreement or any breech thereof, which cannot be disposed of by mutual agreement of the parties hereto, may be submitted to arbitration conducted and governed by the rules of the American Arbitration Association applicable to the construction industry in effect at the time 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 submitred by either parry to this Agreemem, both parties shall have mR right of discovery to all hooks, documents or other mngible things to me extent permitted by the Maine Rules of Civil Procedures. V. TERMS OF AGREEMENT A. All of the Provisions set form under Articles I and 11 shall expire upon satisfactory completion of me terms set form Herein or move (3) years from the data hereof, whichever occurs first, unless otherwise terminated sooner or extended later by virtae of any other provisioru stt form elsewhere in this Agreement. B. All of me provisions set forth under Articles III and IV, except Article IV, Paragraph E, shag expire upon satisfactory completion of flue teras set forth under Article Ill unless otherwise terminated sooner or extended later by virme of any other provisions set form elsewhere in this Agreement. C. The provision set form under Article N, Paragraph E shag remain in full force and effect indefinitely or until terminated, modified or amended N writing by ted parties hereto or by any operation of law. 96-184 PIN 584].0 Form Ed. 3/1/96 Page 11 a 11 Pages V/A:a 99 cT91%\II This Agreement has been approved and signed in duplicate by the parties below aM becomes effecBve on rhe day and date fust above written. .. STATE OF MANE DEPARTMENT OF TRANSPORTATION 2 CITY OF BANGOR By: witness Edward A. Barrett City Manager