HomeMy WebLinkAbout2012-10-22 12-335 ORDERCOUNCIL ACTION
Item No. 12-M
Date: October 15, 2012
Item/Subject: ORDER, Approving Maine Department of Transportation Local Project — WIN
#018320.10, Joshua Chamberlain Bridge Detour
Responsible Department: Engineering
Commentary:
This order would authorize the City Manager to execute a Local Project Agreement with the Maine
Department of Transportation for the construction and associated oversight of a detour at the
intersection of Main Street and Water Street, in preparation for painting of the Joshua Chamberlain
Bridge.
The Maine Department of Transportation has approved federal and state funds in an amount not to
exceed $25,000.00 for the repainting of the Joshua Chamberlain Bridge, which carries Route 9 and
Route 1A over the Penobscot River. As part of that project, the City would need to enter into a local
project agreement with the Maine Department of Transportation for construction and oversight of the
impending detour necessary during the painting.
Arthur B. Morgan, P.E.
Department Head
Manager's Comments: The Local Project Agreements have been reviewed and recommended for approval by
the Infrastructure Committee at its October 9, 2012 meeting.
Associated Information: Councilor Order and Agreement
Budget Approval:
Legal Approval:
Introduced for
_ Passage CONSENT
_ First Reading
_ Referral
c4jq) M (0)&-) --
City Manager
Finance Director
City Solicitor
Page _of_
Assigned to Councilor Sprague
CITY OF BANGOR
12-335
OCTOBER 22, 2012
(TITLE.) ORDER, Approving Maine Department of Transportation Local Project — WIN
#018320.10, Joshua Chamberlain Bridge Detour
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 — Joshua Chamberlain Badge
Detour, WIN #018320.10 in preparation for repainting.
Copy of the agreement is attached.
IN CITY COUNCIL
October 22, 2012
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CITY CLERK
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Local Public Agency Agreement
Between the
Maine Department of Transportation
And the
Municipality of Bangor, Maine
Joshua Chamberlain Bridge Detour: MaineDOT WIN 018320.10
This Agreement for the above -referenced Federal -Aid Project is made between the Maine
Department of Transportation, a Maine State Government agency with its headquarters on Child
Street in Augusta, Maine ("MaineDOT,") and the Municipality of Bangor, a municipal corporation
and body politic with its principal offices at 73 Harlow St., Bangor, Maine ("the Municipality.")
WHEREAS, MaineDOT programmed WIN 018320.00, a repainting of the Joshua Chamberlain
Bridge, which carries Route 9 and Route 1A over the Penobscot River; and
WHEREAS, MaineDOT requested that the Municipality, through a locally administered project,
oversee the construction of a portion of the traffic detour around the above -referenced project; and
WHEREAS, this Agreement sets out requirements for the Project and terms and conditions of
MaineDOT's funding for the above -referenced Project.
NOW, in consideration of the foregoing, MaineDOT and the Municipality agree as follows:
ARTICLE I. PROJECT OVERVIEW
A. SCOPE OF WORK. Construction and associated oversight of a detour at the intersection of
Main Street and Water Street in Bangor, in order to prepare for the painting of the Joshua
Chamberlain Bridge ("the Project.") The work shall be performed by or for the Municipality
and accepted by MaineDOT. Any change to this scope shall be approved by MaineDOT.
B. FUNDING. MaineDOT has approved Twenty -Five Thousand Dollars ($25,000) for the Project,
consisting entirely of federal and state funds, as shown in Article III. Project costs shall not
exceed this total amount without approval from MaineDOT.
C. ROLE OF MUNICIPALITY. The Municipality shall take the lead in developing the Project
and shall assign a Local Project Administrator to oversee all local responsibilities. This person —
or his or her qualified designee — shall be responsible for the Project at all times.
D. ROLE OF MAINEDOT. MaineDOT will assign a Project Manager to advise, review and
approve on,behalf of the State. This person — or his or her designee — shall have the authority to
approve or deny payment of reimbursement requests; review and require revision of plans and
specifications; inspect, reject and stop work; and take all other action necessary to ensure proper
performance of this Agreement.
Municipality of Bangor - Project Agreement Page 1 of 8
Chamberlain Bridge Detour - WIN 018320.10
ARTICLE II. PROJECT DEVELOPMENT
A. AUTHORIZATIONS. The Municipality shall receive "Notice to Proceed" from MaineDOT
before starting any work on the Project. Any municipal costs incurred before such approval shall
be ineligible for reimbursement.
B. BUDGET AND SCHEDULE. Upon receiving "Notice to Proceed," the Municipality's Local
Project Administrator shall review with the MaineDOT Project Manager the proposed scope of
work, budget, schedule, and requirements for the Project. Within sixty (60) days of receiving
such Notice, the Municipality shall provide MaineDOT with an updated schedule and budget.
C. PROGRESS REPORTS. The Municipality shall provide the MaineDOT Project Manager with
monthly progress updates, in accordance with MaineDOT's Consultant General Conditions.
D. CONSULTANT SERVICES. The Municipality may contract for engineering services as
necessary to develop and administer the Project, on the following conditions:
1. A qualifications -based selection process shall be used pursuant to federal regulation 23 CFR,
Part 172, "Administration of Engineering and Design Related Service Contracts."
2. No contract shall be awarded without the approval of MaineDOT.
3. MaineDOT's Consultant General Conditions shall govern all non -construction work.
E. DESIGN. The Municipality or its consultant shall prepare all design plans, specifications,
estimates and contract documents for the Project, in accordance MaineDOT's standards and
procedures. MaineDOT will approve all plans, specifications, estimates and contract documents
before the Municipality requests authorization to advertise the Project for construction.
F. UTILITIES. If applicable, the Municipality or its consultant shall coordinate all matters
regarding utilities, prepare all documentation, and submit such documentation to MaineDOT
for review before requesting authorization to advertise the Project for construction.
G. ENVIRONMENTAL PROCESS. MaineDOT will prepare and submit to the Federal Highway
Administration all documentation required under the National Environmental Policy Act.
H. PERMITS. The Municipality or its consultant shall obtain all approvals, permits and licenses
necessary to construct the Project. Copies shall be provided to MaineDOT.
I. ADVERTISE AND AWARD. The Municipality shall obtain authorization from MaineDOT
before advertising the Project for construction. Upon receiving such authorization, the
Municipality shall follow the process outlined below:
Bids shall be solicited in accordance with the plans and specifications that MaineDOT has
approved.
2. The Municipality shall follow federal and state procurement policies and procedures, as
applicable, unless otherwise approved by MaineDOT.
Municipality of Bangor - Project Agreement Page 2 of 8
Chamberlain Bridge Detour - WIN 018320.10
3. The Municipality and MaineDOT may accept or reject all bids.
4. The Municipality shall not award a contract without MaineDOT's approval.
5. The contract must specify that the Project comply with MaineDOT's Standard
Specifications (December 2002) and applicable special provisions.
6. Upon contract award, the Municipality shall hold a preconstruction meeting involving
MaineDOT Project Manager, the contractor, and all utilities and other parties involved.
J. CONSTRUCTION. The Municipality shall administer the construction contract for the Project
and provide the supervision, inspection and documentation needed to ensure that the Project is
completed to MaineDOT's satisfaction in accordance with the plans, specifications and
provisions of the contract, as follows:
1. The Municipality shall use procedures acceptable to MaineDOT to document the quantity
and quality of all construction -related work. The Municipality shall provide weekly
progress reports and shall retain all documentation as provided under Article VI.A.
2. The Municipality shall provide for all materials testing necessary to comply with federal
regulation 23 CFR, Part 637, "Quality Assurance Procedures for Construction."
3. Traffic in work zones shall be controlled in accordance with Part VI of the Federal Manual
on Uniform Traffic Control Devices for Streets and Highways (MUTCD).
4. Upon completion of the Project, the Municipality shall provide compliance certification
that the Project was constructed, quantities were measured and documented, and materials
were tested in accordance with the plans, specifications and provisions of the construction
contract, and in accordance with the policies and procedures approved by MaineDOT.
K. INSPECTION. MaineDOT may inspect construction activities and documentation — and test
any materials used — to ensure compliance with the construction contract. MaineDOT may
reject any work or materials not in such compliance.
ARTICLE III. COST-SHARING & REIMBURSEMENT
A. MAINEDOT SHARE. MaineDOT — using federal and state funds — will be responsible for one
hundred percent (100%) of Project -related costs eligible for such federal funding, not to exceed
Twenty -Five Thousand Dollars ($25,000).
B. MUNICIPALITY SHARE. The Municipality shall be responsible for all costs deemed
ineligible for federal funding and all costs exceeding Twenty -Five Thousand Dollars ($25,000),
unless otherwise approved by MaineDOT through a Modification to this Agreement.
C. MAINEDOT COSTS. If applicable, all costs incurred by MaineDOT staff in the development
and oversight of the Project shall be accounted for with Project funds. These costs will be
reconciled upon completion of the Project and deducted from the final billing from the
Municipality.
Municipality of Bangor - Project Agreement Page 3 of 8
Chamberlain Bridge Detour - WIN 018320.10
D. REIMBURSEMENT. MaineDOT will reimburse the Municipality for the federal and state
shares of eligible costs described in Paragraph A above. The Municipality shall bill
MaineDOT no more frequently than monthly for such costs, subject to these conditions:
1. Claims shall be submitted on the Municipality billhead and reference WIN 018320.10.
2. Each invoice must be accompanied by a progress report, as described in Article II.C.
3. Each invoice shall contain an itemized account of expenditures consistent with the approved
Project budget. Backup documentation and proof of payment made must accompany each
invoice.
4. Each invoice must have an accumulative total by budget line item and a breakdown of
MaineDOT's and Municipality's shares of total costs.
5. Each claim shall include a certification from the Municipality's Local Project Administrator
that all amounts claimed are correct, due and not claimed previously, and that all applicable
work was performed in accordance with the terms of 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.
E. REPAYMENT. MaineDOT reserves the right to require repayment of reimbursements to the
Municipality of Bangor, if the Municipality takes action without approval from MaineDOT
resulting in the loss of eligibility for federal funding — including but not limited to withdrawing
from the Project, suspending or delaying work, or making acts of commission or omission.
ARTICLE IV. NON -APPROPRIATION
A. Notwithstanding any other provision of this Agreement, MaineDOT shall be released from its
obligation to make payment toward the Project — and will terminate this Agreement upon thirty
(30) days' written notice to Municipality — if any of the following occurs:
1. MaineDOT does not receive adequate funds to support the Project; or
2. Funds otherwise programmed for the Project are de -appropriated; or
3. MaineDOT does not receive the authority to expend funds programmed for the Project from
the Maine State Legislature or Maine courts.
ARTICLE V. TERMINATION AND DEFAULT
A. MaineDOT reserves the right to terminate the payment provisions of Article III in the event of
default by the Municipality, which is defined as:
1. Use of Project funds for a purpose other than what is authorized by this Agreement;
2. Misrepresentation or falsification of any claim submitted for reimbursement;
Municipality of Bangor - Project Agreement Page 4 of 8
Chamberlain Bridge Detour - WIN 018320.10
3. Failure to monitor adequately the quality of materials used and work performed under this
Agreement by any consultant or contractor resulting in significant errors, omissions or
negligence;
4. Breach of any material provision(s) of this Agreement.
B. MaineDOT will notify the Municipality in writing within five (5) days of learning of an event
leading to a claim of default. If the Municipality fails to take corrective action within fifteen
(15) days of receiving notification, MaineDOT may terminate this Agreement upon written
notice to the Municipality.
1. Upon receiving notification, the Municipality and all consultants and contractors covered
by this Agreement shall immediately cease work — except for any work required to protect
public health and safety — and turn over to MaineDOT all Project records and
documentation within thirty (30) days of the effective date of such termination.
C. If default occurs, MaineDOT reserves the right to recover from the Municipality all federal
and state funds reimbursed for Project -related work.
ARTICLE VI. RECORDS RETENTION, 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 at least 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 five (5) 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 all consultants and contractors 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."
ARTICLE VII. GENERAL PROVISIONS
A. Observance of Law. 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, Title 23 in the Code of federal Regulations (CFR)
for administrative law, and 49 CFR, Part 18, "Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments."
B. Independent Capacity. When carrying out the provisions of this Agreement, the Municipality,
its employees, agents, representatives, consultants or contractors shall act in an independent
capacity from MaineDOT and not as officers, employees or agents of MaineDOT.
Municipality of Bangor - Project Agreement Page 5 of 8
Chamberlain Bridge Detour - WIN 018320.10
C. Indemnification. To the extent permitted by law, the Municipality shall indemnify and hold
harmless MaineDOT and its officers, agents and employees from all claims, suits or liabilities
arising from any negligent or wrongful act, error or omission by the Municipality or any of its
consultants or contractors. Nothing herein shall waive any defense immunity or limitation of
liability that may be available to the Municipality or MaineDOT, their officers, agents or
employees, under the Maine Tort Claims Act (14 M.R.S. Section 8101 et seq.), the Eleventh
Amendment to the U.S. Constitution, or any other privileges or immunities as may be provided
by law. This provision shall survive any termination or expiration of this Agreement.
D. Equal Employment Opportunity. The Municipality shall comply with applicable EEO
requirements:
1. During the performance of any work undertaken pursuant to this Agreement, the
Municipality shall not discriminate against any employee or applicant for employment
because of race, color, religious creed, gender, national origin, ancestry, age, sexual
orientation, or disability unless related to a bona fide occupational qualification. The
Municipality shall take affirmative action to ensure that all such qualified applicants are
employed and that all such employees are treated without regard to their race, color,
religious creed, gender, national origin, ancestry, age, sexual orientation, or disability during
any period of employment under this Agreement. Such action shall include, without
limitation: employment, upgrading, demotions, transfers, recruitment, layoffs or
terminations, rates of pay or other forms of compensation, and selection for training and
apprenticeships. The Municipality shall post — or cause to be posted — prominently in places
readily accessible to all employees and applicants for such employment notices setting forth
the provisions of this paragraph.
2. All of the foregoing equal employment opportunity provisions shall be included in any
contract for services or work under this Agreement so that the provisions are binding upon
each consultant and contractor — except for any contract for the purchase or supply of
standard commercial supplies or raw materials.
3. The Municipality, its contractors and consultants shall list all employment opportunities
arising out of or attributable to the Project with the Maine Job Service, except for openings
to be filled with personnel already employed within those organizations before the effective
date hereof and not hired in anticipation hereof.
E. Confidentiality. Information pertaining to detailed cost estimates shall be kept confidential
pursuant to Maine State law (23 MRSA Section 63.)
F. Changes. Any change(s) to the terms of this Agreement shall be approved by MaineDOT,
through a Modification to this Agreement.
G. 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.
Municipality of Bangor - Project Agreement Page 6 of 8
Chamberlain Bridge Detour - WIN 018320.10
H. No Assignment Without Approval. The Municipality shall not sublet, sell, transfer, assign or
otherwise dispose of this Agreement or any portion of it without the consent of MaineDOT. In
no case shall any such action release the Municipality from liability under this Agreement.
I. Other Considerations. MaineDOT and the Municipality ("the Parties") further agree that:
1. Neither the Municipality nor MaineDOT will be bound by any previous statement,
correspondence, agreement or representation not expressly contained herein.
2. This Agreement is made and shall be construed under the laws of the State of Maine.
3. If any clause, section or provision is held to be invalid or unenforceable, that shall not affect
the entire agreement. In such an event, the Parties shall negotiate a new clause, section or
provision.
ARTICLE VIII. EXPIRATION
A. All provisions of this Agreement — except for Article VI.A (records), and Article VII.0
(indemnification) — shall expire not more than three (3) years from the final day of the month in
which the undersigned MaineDOT representative signed and dated this Agreement, unless
otherwise modified in writing by the Parties.
ARTICLE IX. APPROVAL
A. Debarment. By signing this Agreement, the Municipality certifies — to the best of its knowledge
and belief — that it and its employees, agents and representatives associated with the Project:
1. Are not now 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 or civilly charged — in
connection with any of the following:
• Obtaining, attempting to obtain, or performing a public (federal, state or local)
transaction or contract under a public transaction; or
• 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 public
transactions (federal, state or local) terminated for cause or default.
B. If the Municipality is unable to certify to any of the preceding statements in this Article IX,
the Municipality shall attach an explanation to this Agreement.
C. The Municipality agrees that it will not hire a consultant or contractor who is now debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal or state agency.
Municipality of Bangor - Project Agreement Page 7 of 8
Chamberlain Bridge Detour - WIN 018320.10
D. 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
effective on the date last signed.
Municipality of Bangor, Maine
(DUNS® Number 07-173-9692)
Catherine M. Conlow, City Manager
Date:
Maine Department of Transportation
Joyce Noel Taylor, Director,
Bureau of Project Development
Date:
I certify that the 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.
Municipality of Bangor - Project Agreement Page 8 of 8
Chamberlain Bridge Detour - WIN 018320.10