HomeMy WebLinkAbout2014-12-08 15-029 ORDERCOUNCIL ACTION
Item No. 15-029
Date: December 8, 2014
Item/Subject: ORDER, Authorizing Execution of Agreement for Maine Department of Transportation
Local Project — WIN 020401.00, Preliminary Engineering for Resurfacing Portion of Broadway
Responsible Department: Engineering
Commentary: This order would authorize the City Manager to execute a Local Project Agreement with
the Maine Department of Transportation for preliminary engineering work for a resurfacing of a portion
of Broadway, starting 0.04 mile south of the entrance road to People's United Bank (near Husson
Avenue) and continuing northerly for 2.60 miles.
The Maine Department of Transportation has approved federal and state funds in an amount not to
exceed $22,000.00 which includes a Federal share of $17,600.00 or 80% of construction costs and a
State share of funding of $4,400.00 or 20% of construction costs. As part of that project, the City would
need to enter into a local project agreement with the Maine Department of Transportation which have
been reviewed and recommended for approval by the Infrastructure Committee at its November 25,
2014 meeting.
John Theriault, P.E.
Department Head
Manager's Comments: ca rn cojep � )
City Manager
Associated Information: Councilor Order and Agreement
Budget Approval:
Finance Director
Legal Approval:
Cit Solicitor
Introduced for
X Passage CONSENT
First Reading Page _ of
_ Referral
15-029
DECEMBER 8, 2014
Assigned to Councilor Sprague
CI`T'Y OF BANGOR
(TITLE.) ORDER, Authorizing the Execution of Agreement for Maine Department of
Transportation Local Project — WIN #020401.00, Preliminary Engineering for Resurfacing of a
Portion of Broadway
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 Preliminary Engineering for
Resurfacing of a Portion of Broadway.
Copy of the agreement is attached..
IN CITY COUNCIL
DECEMBER 8, 2014
PASSED
_ ;r
MaineDOT
15-029
DECEMBER 8 2014
MaineDOT use only
TEDOCS #:
AMS ID #:
CSN:
PROGRAM: Multimodal (OUC 57000)
MAINE DEPARTMENT OF TRANSPORTATION
Locally Administered Project Agreement
With the
Municipality of Bangor
Regarding
Preliminary Engineering for Resurfacing of a Portion of Broadway
Total Amount: $22,000.00 MaineDOT WIN: 020401.00
Federal Share: $1.7,600.00 (80%) Federal Project #:
State Share: $4,400.00 (20%) Scope: Design
Municipal Share: $0.00 Vendor #: VC 1000007010
Effective Date: Municipality's DUNS® Number: 07-173-9692
Expiration Date: CFDA #20.205: Highway Planning & Construction
This Agreement for local administration of a federal -aid project is between the Maine Department
of Transportation, an agency of the State of Maine 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.") MaineDOT and the
Municipality are collectively referred to as "the Parties."
❑ The following attachments are incorporated into this Agreement:
El Appendix A: Federal Funding Accountability and Transparency Act Form (signature required);
El Appendix B: Federal Highway Administration Civil Rights Assurance (signature required.)
WHEREAS, the scope of work described herein was selected for federal and state funding and for
inclusion in MaineDOT's 2015-2016 capital program; and
WHEREAS, MaineDOT has authorized the Municipality to administer the work at the local level.
NOW, in accordance with the stipulations and conditions herein, the Parties agree as follows:
ARTICLE 1. PROJECT OVERVIEW
A. SCOPE OF WORK. Preliminary engineering work for a resurfacing of a portion of Broadway,
starting 0.04 mile south of the entrance road to People's United Bank (near Husson Avenue)
and continuing northerly for 2.60 miles, to be performed by or for the Municipality and
accepted by MaineDOT ("the Project.") Any substantial change to this scope of work shall
require MaineDOT's written approval to be eligible for funding from MaineDOT.
B. FUNDING. The estimated cost of the scope of work is twenty-two thousand dollars ($22,000) to
be shared at the rates and terms described in Article 3.
C. ROLE OF MUNICIPALITY. The Municipality shall take the lead in developing the Project and
assign a full-time employee with required certification from MaineDOT to be responsible for the
Project. This Local Project Administrator shall follow the policies and procedures in the latest
edition of MaineDOT's "Local Project Administration Manual."
Locally Administered Project Agreement: Bangor WIN 020401.00 Page I of 9
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D. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to carry out the State's
responsibilities regarding the Project. This person or his/her designee will have the authority to
request design changes to meet applicable laws and design standards; accept or reject any
invoice; review construction activities to ensure compliance with approved contract documents;
and take all other action necessary to ensure the proper performance of this agreement.
ARTICLE 2. PROJECT DEVELOPMENT
A. AUTHORIZATION. The Municipality shall receive Authorization to Proceed from MaineDOT
before starting work or executing a contract for services under this Agreement. All municipal
costs incurred before authorization is given, or before a contract for services is executed, shall
be ineligible for reimbursement. Ineligible costs shall not be credited toward the local match.
B. PROJECT KICKOFF. Before starting work, the Municipality shall review with MaineDOT's
Project Manager the scope of work, estimated cost, schedule, and legal requirements for the
Project. If necessary, the Municipality shall provide an updated schedule and cost estimate.
C. PROGRESS REPORTS. The Municipality shall provide MaineDOT with monthly progress
reports for the duration of the Project listing tasks completed, any changes in staffing, and any
issues that could affect the schedule.
D. CONSULTANT SERVICES. The Municipality may contract for consultant engineering services
as necessary to develop the Project. In doing so, the Municipality shall:
1. Use qualifications -based selection and develop an independent government estimate of the
price of the services, pursuant to federal regulation 23 CFR, Part 172.
2. Obtain the MaineDOT Project Manager's written approval before awarding any contract.
3. Ensure that all contracts are fully executed before incurring any costs against them.
4. Ensure that "Consultant General Conditions for Local Public Agencies" govern all work,
including insertion of Form FHWA-1273 and Civil Rights Assurances into every contract.
5. Obtain MaineDOT's written approval before modifying any contract. MaineDOT reserves
the right not to reimburse the Municipality for work covered by a modification executed
without prior approval or for work performed before the effective date of a modification.
E. DESIGN WORK. The Municipality or its contracted consultant shall develop all design plans,
specifications, estimates and contract documents for the Project, in accordance with the latest
versions of MaineDOT's Highway Design Guide and Standard Specifications, as follows:
1. The Municipality shall submit the preliminary (50-60%) and final (95-100%) plans and
specifications to MaineDOT for review and comment.
2. The Municipality shall address to MaineDOT's satisfaction any changes requested or
concerns expressed before requesting construction authorization from MaineDOT.
3. Advertising for construction bids or otherwise proceeding to construction without
MaineDOT's written authorization shall render the Project ineligible for federal funding.
F. QUALITY CONTROL. The Municipality or its contracted consultant shall be responsible for the
quality of the design plans, specifications and estimates for the Project using a documented
quality -control process. Acceptance of the final Plans, Specifications and Estimate (PS&E)
package by MaineDOT shall not relieve the Municipality or its consultant of responsibility for
the quality of those engineering documents.
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G. PUBLIC PARTICIPATION. The Municipality shall provide the general public and all abutters
with opportunity to learn about the Project and express concerns, using a public process that is
suitable for the scope of work and acceptable to the MaineDOT Project Manager. A public
process certification (Letter 16) shall be submitted to MaineDOT with the final PS&E package.
H. ENVIRONMENTAL PROCESS. The Municipality or its contracted 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.
I. PERMITS. The Municipality or its contracted consultant shall obtain all required approvals,
permits and licenses. Copies of all such documents an environmental certification (Letter 12)
shall be submitted to MaineDOT with the final PS&E package.
J. UTILITIES. The Municipality or its contracted consultant shall coordinate the Project with all
utilities and submit documentation to MaineDOT with a utility certification (Letter 13) with the
final PS&E package. MaineDOT's revised Utility Accommodation Rules (October 2014) shall
apply to offsets for any utility relocations required for the Project.
K. RIGHT OF WAY. If applicable, MaineDOT will acquire all right-of-way necessary for the
Project and will carry out the right-of-way process in coordination with the Municipality.
ARTICLE 3. FINANCIAL PROVISIONS
A. MAINEDOT SHARE. MaineDOT will reimburse the Municipality for one hundred percent
(100%) of Project expenditures eligible for federal and state funding, not to exceed twenty-two
thousand dollars ($22,000.)
B. LOCAL SHARE. The Municipality shall be responsible for any costs not eligible for
reimbursement and all expenditures exceeding the maximum reimbursement in Article 3.A,
unless MaineDOT approves otherwise in writing through a modification to this Agreement.
C. MAINEDOT COSTS. All costs incurred by MaineDOT staff in the development and oversight of
the Project shall be paid for out of the Project, including but not limited to design reviews,
environmental work, utility support, right-of-way coordination, and construction engineering.
The Municipality shall share in these costs commensurate with its portion of the Project
identified in Article 3.13. MaineDOT will reconcile these costs upon completion of the Project.
D. REIMBURSEMENT. The Municipality may seek reimbursement from MaineDOT periodically
for Project expenditures eligible for federal and state funding, up to the maximum in Article 3.A.
Invoices shall be submitted to MaineDOT no more than monthly, subject to these conditions:
1. Invoices shall be submitted on the Municipality's letterhead and reference WIN 20401.00.
2. Each invoice shall be accompanied by a progress report in accordance with Article 2.C.
3. Each invoice shall contain an itemized account of expenditures incurred during the period
covered by the invoice, consistent with the approved budget for the Project. Backup
documentation and proof of payment made shall accompany each invoice.
4. Each invoice shall include a certification from the Municipality that all amounts claimed are
correct, due and not claimed previously.
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5. No invoice shall be submitted for less than one thousand dollars ($1,000) unless such
invoice is the final invoice being submitted for reimbursement.
6. MaineDOT may withhold requested payments to the Municipality to recover previous
reimbursements made for expenditures subsequently deemed to have been ineligible for
federal or state funding.
E. NON -APPROPRIATION. While the execution of this Agreement manifests MaineDOT's intent
to fulfill its financial obligations, such obligations are subject to budgetary appropriations. If
MaineDOT receives insufficient resources to support this Project, if funds are de -appropriated,
or if MaineDOT does not receive the authority to spend money programmed for this Project,
MaineDOT shall be released from its obligation to make payment under this Agreement.
ARTICLE 4. PROJECT RECORDS AND AUDIT
A. Ownership. Project records shall consist of all printed or electronic plans, specifications,
contracts, reports, notes, or other documents prepared by or for the Municipality. All such
records shall be considered the property of MaineDOT and provided to MaineDOT upon
request after the completion or termination of the Project. The Municipality shall be allowed
an interest commensurate with its share of Project costs.
B. Retention. The Municipality shall retain all Project records for at least four (4) years from the
date of MaineDOT's acceptance of the final invoice for the Project. If any litigation, claim,
negotiation or audit has begun before the end of this four (4) year period, all Project records
shall be kept at least until all action and resolution of all issues arising from it are complete.
C. Access. The Municipality shall keep Project records in such form as may be easily audited.
The Municipality and any consultant or contractor working on its behalf shall allow authorized
representatives of the Federal Government and the State of Maine to inspect and audit Project
documents at reasonable times. Copies of requested records shall be furnished at no cost.
D. Audits. The Municipality shall adhere to the provisions of Office of Management and Budget
(OMB) circular A-133, "Audits of States, Local Governments and Non -Profit Organizations."
ARTICLE 5. GENERAL PROVISIONS
A. Governing Law. This Agreement is made and shall be construed under the laws of the State of
Maine. Additionally, all activities under this Agreement will be subject to applicable federal laws
and regulations, including but not limited to Title 23 in the United States Code (USC) for
statutory law and Title 23 in the Code of Federal Regulations (CFR) for administrative law, as
well as 49 CFR Part 18, "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments."
B. 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 negligent or wrongful act, error or omission by the Municipality, its officials,
employees, agents, consultants or contractors. Nothing herein shall waive any defense,
immunity or limitation of liability that may be available to either party under the Maine Tort
Claims Act (14 M.R.S. Section 8101 et seq.) or other privileges or immunities provided by law.
Any other provision of this Agreement to the contrary notwithstanding, this provision shall
survive the termination or expiration of this Agreement.
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C. 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.)
D. Equal Employment Opportunity. The Municipality shall meet applicable EEO requirements:
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.
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 organizations.
E. Independent Capacity. The Municipality, its employees, agents, representatives, consultants
and contractors shall not act as officers, employees or agents of MaineDOT.
F. Flow Down. Contracts between the Municipality and all consultants, contractors or other third
parties shall contain or incorporate by reference all applicable provisions of this Agreement.
G. No Assignment Without Approval. The Municipality shall not assign this Agreement to a third
party or dispose of this Agreement without specific written consent from MaineDOT. In no case
shall such action release the Municipality from liability under this Agreement.
H. Binding Effect. The Parties shall be bound by the terms of this Agreement. This provision shall
apply to the Agreement's executors, their successors, administrators and legal representatives.
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ARTICLE 6. TERMINATION
A. FOR CAUSE. MaineDOT may terminate this Agreement for cause in case of one or more
occurrences of default defined in section 6.13. The Municipality will have a cure period of
fourteen (14) calendar days after receiving Notice of Default. If the Municipality fails to make a
good -faith effort to correct all defaults within the cure period, MaineDOT shall terminate this
Agreement upon written Notice of Termination for Cause, with the following conditions:
1. The Municipality shall stop work immediately — except for 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. If termination is the result of the Municipality's failure to correct any occurrence of default,
MaineDOT reserves the right to recover from the Municipality all reimbursements made
and Project costs incurred.
3. The Municipality shall forfeit all unspent funds from MaineDOT remaining in the Project.
B. GROUNDS FOR DEFAULT. The Municipality shall be in default if the Municipality:
1. Fails to make satisfactory progress in developing the Project within twelve (12) months of
the effective date of this Agreement.
2. Takes any action without concurrence from MaineDOT that renders the Project ineligible
for federal funding.
3. Uses Project funds for a purpose other than what is authorized by this Agreement.
4. Misrepresents or falsifies of any claim for reimbursement.
5. Fails to meet standards of performance outlined in this Agreement.
6. Breaches any material provision of this Agreement.
C. FOR CONVENIENCE. The Parties may terminate this Agreement at any time for convenience
for any reason not defined as "default." MaineDOT shall notify the Municipality through a
Notice of Termination for Convenience, with the following conditions:
If termination is for any reason other than failure by the Municipality to correct any
occurrence of default, the Municipality will be reimbursed for acceptable, federally eligible
work or service accomplished under this Agreement until the effective date of termination.
The Municipality's share of costs incurred by MaineDOT personnel in the development
and oversight of the Project shall be deducted from amounts 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.
3. MaineDOT will retain all unspent federal funds in the Project for reprogramming.
ARTICLE 7. EXPIRATION
All provisions of this Agreement — except for Article 4.B (records), Article 5.B (indemnification) and
5.0 (confidentiality) — shall expire upon satisfactory completion of the terms of this Agreement or
two (2) years from the final day of the month in which this Agreement was executed, whichever
occurs first. The provisions of articles 5.B and 5.0 shall remain in place until specifically terminated
in writing by the Parties or negated by law.
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ARTICLE 8. DEBARMENT
A. By signing this Agreement, the Municipality certifies to the best of its knowledge and belief
that it and its officers, agents and employees associated with the Project are not debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in this transaction by any federal or state agency. If the Municipality is unable to
certify to this statement, it shall attach an explanation to this Agreement. For the term of this
Agreement, the Municipality shall notify MaineDOT promptly if it or any of its officers, agents
and employees associated with the Project is debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this transaction by any federal or
state agency.
B. The Municipality agrees that it shall not hire a consultant or contractor who is debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered
transactions by any federal or state agency.
ARTICLE 9. AGREEMENT APPROVAL
The undersigned municipal representative assures that the Municipality's official legislative body
has approved the Municipality's entry into this Agreement, has appropriated or authorized use of
required matching funds, and has authorized the representative to sign this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the date last
signed below.
Municipality of Bangor
M
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 foregoing signature is true and accurate. I further certify— pursuant to 10 M.R.S.A. §9407 and §9502—
that the signature, if electronic: (a) is intended to have the same force as my manual signature; (b) is unique to me;
(c) is capable of verification; and (d) is under my sole control.
ADDITIONAL MUNICIPAL SIGNATURES ARE REQUIRED ON APPENDIX A and B4
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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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Appendix B to a Locally Administered Project Agreement:
Federal Highway Administration Civil Rights Assurance
The Municipality HEREBY CERTIFIES THAT, as a condition of receiving Federal financial
assistance, it will ensure that:
1. No person on the basis of race, color, national origin, sex, age or disability will be subjected to
discrimination in the level and quality of transportation services and transportation -related
benefits.
2. The Municipality will compile, maintain, and submit in a timely manner Title VI information
requested by the Maine Department of Transportation pursuant to 49 CFR Part 21.9.
3. The Maine Municipality will make it known to the public that those people or persons alleging
discrimination on the basis of race, color, or national origin as it relates to the provision of
transportation services and transportation -related benefits may file a complaint with the Federal
Highway Administration and/or the U.S. Department of Transportation.
The person or persons whose signature appears below are authorized to sign this assurance on
behalf of the grant applicant or recipient.
Authorized signatory
Date
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