Loading...
HomeMy WebLinkAbout2014-07-28 14-245 ORDERCOUNCIL ACTION Item No. 14-245 Date: July 28, 2014 Item/Subject: Order, Authorizing Execution of Agreement for Maine Department of Transportation Local - Project — WIN 022693.00, Pedestrian Safety Improvements on Hogan Road Responsible Department: Engineering Commentary: This order will authorize the City Manager to execute a Local Project Agreement with the Maine Department of Transportation in the amount of $30,000.00 for design and right-of-way work for a new sidewalk and pedestrian crossing on Hogan Road from approximately Stillwater Avenue to Springer Drive. The Local Project Agreement specifies a Federal share of the project to be at 80% of the total project cost, or $24,000.00 and the City share to be $6,000.00 or 20% of the total project cost. This item was reviewed and recommended for approval by the Infrastructure Committee at its July 15, 2014 meeting. Manager's Comments: Associated Information Council Order/Agreement Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Dana Wardwell, Public Works Department Head j City Manager Finance Director City §61icitor Page _of_ Assigned to Councilor Baldacci CITY OF BANGOR 14-245 JULY 289, 2014 (TITLE.) ORDER, Authorizing Execution of Agreement for Maine Department of Transportation Local Project — WIN 022693.00, Pedestrian Safety Improvements on Hogan Road ORDERED, THAT: the City Manager is hereby authorized and directed to execute an agreement with the Maine Department of Transportation for the following: An Agreement with the Maine Department of Transportation — Pedestrian Safety Improvements on Hogan Road — 022693.00 IN CITY COUNCIL JULY 28, 2014 PASSED CITY CLE a _ i> ✓r,;�,. as V.} MaineDOT MoineDOT use only TEDOCS #. CT #: CSN: PROGRAM: Mullimodal MAINE DEPARTMENT OF TRANSPORTATION Locally Administered Project Agreement With the Municipality of Bangor Regarding Pedestrian Safety Improvements on Hogan Road (MaineDOT Use Only) 14-245 JULY Z0, ZU14 Total Amount: $30,000.00 WIN: 022693.00 Federal Share: $24,000.00 Federal Project #: Municipal Share: $6,000.00 Vendor Customer #: VC1000007010 Agreement Begin Date: Municipality's DUNSO Number: 07-173-9692 Agreement End Date: CFDA #20.205: Highway Planning & Construction This Agreement for local administration of a federal -aid project is between the Maine Department of Transportation, a State of Maine agency headquartered at 24 Child Street in Augusta, Maine ("MaineDOT,") and the Municipality of Bangor, a municipal corporation and body politic with its principal offices at 73 Harlow Street in Bangor, Maine ("the Municipality.") ❑ The following attachment is incorporated into this Agreement: 0 Appendix A: Federal Funding Accountability and Transparency Act Form WHEREAS, the Project described herein was selected for federal -aid transportation funding from the Quality Community Program and for inclusion in MaineDOT's 2014-2016 Work Plan; and WHEREAS, this Agreement sets out requirements for the Project and terms and conditions of MaineDOT's funding to the Municipality. NOW, in consideration of the foregoing, MaineDOT and the Municipality agree as follows: ARTICLE 1. PROJECT OVERVIEW A. SCOPE OF WORK. Design and right-of-way work for a new sidewalk and pedestrian crossings on'Hogan Road approximately from Stillwater Avenue to Springer Drive, to be performed by or for the Municipality and accepted by MaineDOT ("the Project.") Any change to this scope of work shall require MaineDOT's approval to be eligible for funding from MaineDOT. B. FUNDING. The estimated cost of the Project is thirty thousand dollars ($30,000) to be shared at the rates described in Article 3. Project costs eligible for funding from MaineDOT shall not exceed this amount without approval from MaineDOT. C. ROLE OF MUNICIPALITY. The Municipality shall take the lead in developing the Project and assign a person with re uired certification from MaineDOT to be responsible for the Project. This Local Project Administrator shall monitor all work done under this Agreement and shall follow the procedures in the latest version of MaineDOT's Local Project Administration Manual. LAP Agreement. • Municipality of Bangor - WIN ZZ693. 00 Page 1 of 9 14-245 JULY 28, 2014 D. ROLE OF MAINEDOT. A Project Manager will be assigned to advise, review and approve for MaineDOT. This person or designee will have the authority to approve or deny reimbursement requests; review and require revision of plans and specifications; inspect, reject and stop work; and take all other action needed to ensure proper performance of this Agreement. ARTICLE 2. PROJECT DEVELOPMENT A. AUTHORIZATION. The Municipality shall receive Authorization to Proceed from MaineDOT before starting work or contracting for services under this Agreement. All municipal costs incurred before such authorization is given or a contract is executed shall be ineligible for reimbursement. B. PROJECT KICKOFF. Before starting work, the Municipality shall review with MaineDOT's Project Manager the scope of work, budget, schedule, and Project requirements. If necessary, the Municipality shall provide an updated schedule and budget within a reasonable timeframe after the Project Kickoff. C. PROGRESS REPORTS. The Municipality shall provide MaineDOT's Project Manager with monthly progress reports for the duration of the Project listing tasks completed, any changes in project staffing, and any issues that could affect the schedule. D. CONSULTANT SERVICES. The Municipality may contract for engineering services as necessary to develop and oversee the Project. In doing so, the Municipality shall: 1. Use qualifications -based selection and develop an independent estimate of the price of the services, pursuant to federal regulation 23 CFR, Part 172. 2. Ensure that Consultant General Conditions for Local Public Agencies govern all work under this Agreement, including requirements for Form FHWA-1273 and Civil Rights Assurances to be incorporated into every contract for services. 3. Obtain the MaineDOT Project Manager's approval before awarding any contract. 4. Ensure that contracts are fully executed and a written "Notice to Proceed" issued before incurring any consultant costs eligible for reimbursement from MaineDOT. 5. Obtain the MaineDOT Project Manager's approval before modifying any contract. MaineDOT reserves the right not to participate in a modification executed without approval. E. DESIGN. The Municipality or its consultant shall prepare all design plans, specifications, estimates and contract documents in accordance with MaineDOT's standards and procedures. MaineDOT will review the work product at the following milestones: Preliminary Design Report, Plan Impacts Complete, and final Plans, Specifications and Estimate (PS&E) as applicable. The Municipality shall obtain MaineDOT's approval of the final PS&E package before requesting authorization to advertise for construction bids. F. PUBLIC PARTICIPATION. The Municipality shall provide for public participation in the development of the project and shall use a notification process approved by the MaineDOT project manager. Documentation and a Public Process Certification (Letter 16) shall be provided with the final PS&E package before the Municipality may request authorization to advertise for construction bids. LAP Agreement: Municipality of Bangor - WIN 22693.OD Page 2 of 9 14-245 JULY 28, 2014 G. ENVIRONMENTAL PROCESS. The Municipality or its consultant shall prepare and submit to MaineDOT all required environmental documents, including but not limited to Letter 11 and the National Environmental Policy Act (NEPA) checklist. MaineDOT will prepare and submit to the Federal Highway Administration all documentation required under NEPA. H. PERMITS. The Municipality or its consultant shall obtain all approvals, permits and licenses needed for the Project. Copies shall be provided to MaineDOT with an Environmental Certification (Letter 12) with the final PS&E package before the Municipality may request authorization to advertise for construction bids. I. UTILITIES. The Municipality or its consultant shall coordinate all matters regarding utilities, prepare all related documentation, and submit such documentation to MaineDOT with a Utility Certification (Letter 13) before requesting authorization to advertise for construction bids. Such work shall be done in accordance with MaineDOT's Utility Accommodation Policy. J. RIGHT OF WAY. MaineDOT will acquire all property rights necessary to construct and maintain the Project. If such acquisition is necessary, it will be determined at Project Kickoff whether MaineDOT or the Municipality will be responsible for preparing right-of-way plans, in accordance with MaineDOT's standards and procedures. MaineDOT will be exclusively responsible for title examinations, appraisals, appraisal reviews, negotiations, acquisition, and right-of-way certification. ARTICLE 3. FINANCIAL PROVISIONS A. MAINEDOT SHARE. MaineDOT, using federal Transportation Alternatives funding, will reimburse the Municipality for eighty percent (80%) of Project costs deemed eligible for such federal participation, not to exceed twenty-four thousand dollars ($24,000.) B. LOCAL SHARE. The Municipality, using resources other than from the U.S. Department of Transportation, shall be responsible for twenty percent (20%) of Project costs deemed eligible for federal participation, including its share of such costs incurred by MaineDOT, said local share estimated to be six thousand dollars ($6,000.) Furthermore: 1. The Municipality shall be exclusively responsible for any costs deemed ineligible for federal participation and all costs exceeding the maximum reimbursement under Article 3.A above, unless otherwise approved in writing by MaineDOT. C. MAINEDOT COSTS. All costs incurred by MaineDOT staff in the development and oversight of the Project shall be paid for with Project funds, including but not limited to design reviews, environmental support, right-of-way support, and construction engineering. These costs will be reconciled upon Project completion and deducted from the Municipality's final billing. D. REIMBURSEMENT. MaineDOT will reimburse the Municipality for the federal portion of eligible Project costs incurred, as described in Article 3.A. The Municipality shall bill MaineDOT no more frequently than monthly for such costs, incurred whenever work is performed, goods and services are received, or a cash payment is made. Bills are subject to these conditions: 1. Claims shall be submitted on the Municipality's billhead and reference WIN 022693.00. 2. Each request for reimbursement shall include a progress report as described in Article 2.C. LAP Agreement. Municipality of Bangor - WIN 22693.00 Page 3 of 9 14-245 JULY 28, 2014 3. Each invoice shall contain an itemized account of expenditures consistent with the approved Project budget, as well as backup documentation and proof of payment made. 4. Each invoice must have an accumulative total and a breakdown of MaineDOT's and the Municipality's shares of total costs. 5. Each claim shall include a certification from the Municipality that all amounts claimed are correct, due and not claimed previously, and that all work was performed in accordance with this Agreement. 6. Any claim for less than one thousand dollars ($1,000) shall be deferred until the next regular billing period in which at least one thousand dollars ($1,000) is incurred or until a final invoice is submitted for reimbursement. F. SET OFF. MaineDOT shall have all of its rights of set-off in order to recover any payment to the Municipality for any activity that is subsequently deemed ineligible for federal funding, including but not limited to withholding money owed to the Municipality under this Agreement and any other agreement with MaineDOT or any other agency of the State of Maine. G. NON -APPROPRIATION. Although the execution of this Agreement manifests MaineDOT's intent to fulfill the financial obligations contained herein, such obligations are subject to budgetary appropriations. Therefore, the Municipality acknowledges that MaineDOT shall be released from its obligation to make payment toward the Project — and will terminate this Agreement with a thirty (30) day notice to the Municipality — if any of the following occurs: 1. MaineDOT does not receive adequate funds to support this Project; or 2. Funds otherwise programmed for this Project are de -appropriated; or 3. MaineDOT does not receive the authority to expend funds programmed for this Project. ARTICLE 4. RECORDS, ACCESS & AUDIT A. Retention. Records are plans, reports, notes, papers or other tangible work arising from this Agreement. All such printed and electronic records prepared by or for the Municipality shall be retained for five (5) years from the date of MaineDOT's acceptance of the Municipality's final claim for reimbursement, except as otherwise provided below: 1. If any litigation, claim, negotiation, audit or other action involving such records has begun before the expiration of four (4) year period, then all records shall be retained at least until all action and resolution of all issues arising from it are complete. B. Access. The Municipality and any consultant or contractor working on its behalf shall allow authorized representatives of the State of Maine and the Federal Government to inspect and audit Project documents. Copies of requested documents shall be furnished at no cost. C. Audit. Audits shall meet the "Generally Accepted Government Auditing Standards." The Municipality shall assure that all applicable audit requirements are met in accordance with federal Office of Management and Budget (OMB) Circular A-133, "Audits of States, Local Governments and Non -Profit Organizations." LAP Agreement: Municipality of Bangor - *TN 22693. 00 Page 4 of 9 14-245 JULY 28, 2014 ARTICLE 5. GENERAL PROVISIONS A. Governing Law. This Agreement is made and shall be construed under the laws of the State of Maine. All activities conducted pursuant to this Agreement shall comply with applicable laws and regulations, including without limitation the following: Title 23 in the United States Code (USC) for statutory law and Title 23 in the Code of Federal Regulations (CFR) for administrative law. General administrative requirements relative to federally funded activities also are found under 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments:" B. Confidentiality. Information pertaining to right-of-way negotiations, property appraisals and engineering estimates of construction costs shall be kept confidential in accordance with the provisions of Maine law (23 MRSA, Section 63.) C. Indemnification. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless MaineDOT, its officers, agents and employees from all claims, suits or liabilities arising from any negligent or wrongful act, error or omission by the Municipality, its officials, employees, agents, consultants and contractors. Nothing herein shall waive any defense, immunity or limitation of liability available under the Maine Tort Claims Act (14 M.R.S. Section 8101 et. seq.) or any other privileges or immunities provided by law. This provision shall survive any termination or expiration of this Agreement. D. Independent Capacity. The Municipality, its employees, agents, representatives, consultants and contractors shall not act as officers, employees or agents of MaineDOT. E. Flow Down. All contracts between the Municipality and any consultant, contractor or other third party shall contain or incorporate by reference all applicable provisions of this Agreement. F. Equal Employment Opportunity. The Municipality shall meet applicable equal employment opportunity requirements as follows: The Municipality shall not discriminate against any employee or applicant for employment relating specifically to work under this Agreement because of race, color, religious creed, sex, national origin, ancestry, age or physical handicap unless related to a bona fide occupational qualification. The Municipality shall take affirmative action to ensure that all such applicants are employed and that all such employees are treated regardless of their race, color, religious creed, sex, national origin, ancestry, age or physical handicap during any period of employment under this Agreement. Such action shall include, but not be limited to: employment, upgrading, demotions, transfers, recruitment, layoffs or terminations, rates of pay or other forms of compensation and selection for all forms of training and apprenticeships. The Municipality shall post prominently in places readily available to all employees and applicants for such employment under this Agreement notices setting forth the provisions of this paragraph. 2. In all solicitations or advertising for employees relating to work done under this Agreement, the Municipality shall state that all qualified applicants shall receive consideration for employment regardless of race, color, religious creed, sex, national origin, ancestry, age or physical handicap. LAP Agreement.- Municipality of Bangor - WIN 22693.00 Page 5 of 9 14-245 JULY 28, 2014 3. The Municipality shall send to each representative of any of its employees covered by a collective-bargaining agreement — or any other contract or understanding under which labor or services are to be furnished under this Agreement — a notice advising of the Municipality's commitment under this Article and shall post copies prominently in places readily available to all such employees and applicants for employment. 4. The Municipality shall include all of the foregoing equal employment opportunity provisions under this Article in any contract for services or work for the Project so that such provisions are binding upon each consultant and contractor — with the exception of any contract for the purchase of standard commercial supplies or raw materials. To the maximum extent feasible, the Municipality or any of its consultants and contractors shall list all suitable employment openings with the Maine Job Service. This provision shall not apply to employment openings that the Municipality or any of its consultants and contractors propose to fill from within their own organization. G. No Assignment Without Approval. The Municipality shall not assign this Agreement to a third party or otherwise dispose of this Agreement without specific written consent from MaineDOT. In no case shall any such action release the Municipality from liability under this Agreement. H. Binding Effect. The Municipality and,MaineDOT shall be found by the terms of this Agreement. This provision shall apply to the executors of this Agreement, their successors, administrators and legal representatives. ARTICLE 6. TERMINATION A. FOR CAUSE. MaineDOT may terminate this Agreement for cause in the event of default by the Municipality, as defined in Article 6.B. Upon receiving a Notice of Default, the Municipality will have a "Cure Period" of fourteen (14) calendar days to take corrective action. If the Municipality fails to make a good -faith effort to correct all defaults within the Cure Period, MaineDOT may terminate this Agreement upon written Notice of Termination for Cause. In such an event: 1. The Municipality and all consultants and contractors working on the Project shall cease work immediately — except for any work required to protect public health and safety — and turn over to MaineDOT all Project records within thirty (30) days of the termination date. 2. The Municipality's reimbursement will be limited to payment for acceptable work or service accomplished under this Agreement until the effective date of such termination. All costs incurred by MaineDOT shall be deducted from amounts otherwise due to the Municipality. 3. MaineDOT reserves the right to require the Municipality to return reimbursements made for work that is subsequently deemed ineligible for federal participation. 4. The Municipality shall forfeit all funds from MaineDOT remaining in the Project. B. GROUNDS FOR DEFAULT. The Municipality shall be in default if the Municipality: 1. Cancels or otherwise fails to complete the Project without written approval from MaineDOT; 2. Fails to raise and appropriate the required local match, as described in Article 3.13; 3. Uses Project funds for a purpose other than what is authorized by this Agreement; 4. Misrepresents or falsifies of any claim submitted for reimbursement; LAP Agreement: Municipality of Bangor - WrN 22693. 00 Page 6 of 9 14-245 JULY 28, 2014 5. Fails to monitor adequately the quality of materials used and work performed by any consultant or contractor, resulting in significant errors, omissions or negligence; 6. Breaches any material provision of this Agreement. C. FOR CONVENIENCE. This Agreement may be terminated for convenience by mutual consent of the Parties. Terminations for convenience are those undertaken for reasons not defined as "default" in Article 6.B. MaineDOT shall notify the Municipality through a written Notice of Termination for Convenience. In such an event: 1. The Municipality's reimbursement will be limited to payment for acceptable work or service accomplished under this Agreement until the effective date of such termination. All costs incurred by MaineDOT shall be deducted from amounts otherwise due to the Municipality. 2. All Project records shall be turned over to MaineDOT within thirty (30) days of the date of the Notice of Termination for Convenience. ARTICLE 7. EXPIRATION A. All provisions of this Agreement — except for Article 2.0 (maintenance), Article 4.A (records), Article 5.13 (confidentiality) and 5.0 (indemnification) — shall expire upon satisfactory completion of the terms of this Agreement or four (4) years from the final day of the month in which the undersigned MaineDOT representative executed this Agreement, whichever occurs first, unless otherwise modified in writing by the parties to this Agreement. B. The provisions of Article 5.13 and Article 5.0 shall remain in full effect until terminated in writing by the Parties to this Agreement or negated by law. ARTICLE 8. DEBARMENT A. By signing this Agreement, the Municipality certifies to the best of its knowledge and belief that it and its officers, employees, agents or representatives associated with the Project: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any federal or state agency; 2. Have not within the previous three (3) years been criminally convicted or had a civil judgment rendered against them — and are not now criminally charged or subject to a civil claim — in connection with any of the following: a. Committing fraud or other criminal offense with regard to obtaining, attempting to obtain, or performing a federal or state government transaction or contract; or b. Violating federal or state antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3. Have not within a 3 -year period preceding this agreement had one or more federal or state transactions terminated for cause or default. B. If the Municipality is unable to certify to any of the statements in this Article &A above, the Municipality shall attach an explanation to this Agreement. LAP Agreement: Municipality of Bangor - WIN 22693.00 Page 7 of 9 14-245 JULY 28, 2014 C. The Municipality further agrees that it shall not hire a consultant or contractor who is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this transaction by any federal or state agency. ARTICLE 9. AGREEMENT PPROVAL Municipal Authorization: The undersigned municipal representative assures that the City Council of Bangor, Maine has approved the Project and the Municipality's entry into this Agreement, has appropriated or authorized the use of any necessary funds, and has authorized the representative to sign this Agreement. IN WITNESS WHEREOF, MaineDOT and the Municipality have executed this Agreement in duplicate originals effective on the date last signed. Municipality of Bangor In Catherine M. Conlow, City Manager Date: Maine Department of Transportation A William A. Pulver, P.E., Director, Bureau of Project Development Date: I certify that the signature above is true and accurate. I further certify that the signature, if electronic: (a) is intended to have the same force as a manual signature; (b) is unique to myself; (c) is capable of verification; and (d) is under my sole control. AN ADDITIONAL MUNICIPAL SIGNATURE IS REQUIRED ON APPENDIX A 4 LAP AgreementMunicipality of Bangor - WIN 22693.00 Page 8 of 9 14-245 JULY 28, 2014 APPENDIX A TO A LOCALLY ADMINISTERED PROJECT AGREEMENT: FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT The Municipality of Bangor, Maine and its contractors may be subject to the provisions of the Federal Funding Accountability and Transparency Act ("FFATA") of 2006 as amended and any regulations, policies, procedures and guidance documents adopted pursuant thereto or in connection therewith. If the Federal portion of the Project exceeds $25,000, an authorized representative from the Municipality shall sign this document under (B) below and return it with the Project Agreement. Additionally, the Municipality shall provide the following information, if applicable: A) The total compensation and names of the top five executives if: • More than 80% of the City's annual gross revenues are from the Federal Government; and • Those revenues are greater than $25 million annually; and • Compensation information is not already available through reporting to the U.S. Securities and Exchange Commission (SEC). B) Legal Name and DUNS® Number on file with the Central Contractor Registration (CCR): Municipality of Bangor, Maine 07-173.9692 Sign and Print Legal CCR Name DUNS Number Authorized Representative: Catherine M. Conlow, City Manager LAP Agreement. Municipality of Ban gor - KTN 22693.00 Page 9 of 9