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.
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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-
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........ .. ......................
1550-584)(00)fPIN 584).00
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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