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
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MaineDOT
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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.
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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.
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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.
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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."
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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.
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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;
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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.
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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
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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
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