Loading...
HomeMy WebLinkAbout2002-01-28 02-81 ORDERItem No. 02-81 Date: Item/Subject: Authorizing City Manager to Execute A Local Project Agreement with MDOT - Resurfacing Improvements to Oak Street, Between State Street and York Street (PIN) 8831.OD Responsible Department: Engineering Commentary: The attached Order authorizes execution of a routine Local Project Agreement with MOOT, covering the local administration of the proposed Resurfacing Improvements to Oak Street, Between State Street and York Street. (PIN) 8831.00. We have executed similar agreements on a number of previous MOOT projects. Execution of the agreement is recommended. A copy is attacpd. Manager's Commeratum nardr Associated Information: Qn®M I pvA.,wiy Budget Approval: WQa finance. nr Legal Approval: ,, Ory Solicitor Introprrced for (r•.ew-v Passage _ First Readirg Page _ of Referral AssignNbCooncilw Allen Jauuary 28, 2002 CITY OF BANGOR (TITLE.) Order, Authorizing City Manager to Execute A Local Project Agreement with MOOT - Resurfacing Improvements to Oak Stree4 Between State Street and York Street (PIN) 8831.00 By the oty Cwmx? of the Cffy ofFangos: ORDERED, THAT the City Manager is hereby authorized and directed to execute a Local Project Agreement with the Maine Department of Transportation covering the local administration of the proposed Resurfacing of Oak Street, Between State Street and York Street (PIN) 8831.00 A copy of the agreement is attached 11 c w COUNCIL January 20. 2002 9 Motion Made and Seconded 02-01 for Passage Passed ORDER C1 d Title,Authoriaing City Manager to Execute a Local Project Agreement with MMOT - Resurfacing Improvements to Oak Street, Between State Street and York Street (PIM) signed to 0 Councilor 041 PX 8831.00 Form Ed. 112101 Page 2 of 11 Pages 1. Once such abudget is approved, expenditures subject to reimbumernm[ as hereinafter provided shall not exceed my single cost category or budget line item amount by any ore than tan (10%) percent without approval of the DEPARTMENT. 2. Mnoe mtshallthetotalofallsuchexpmdimr mceedthetollamomiallowable forth¢ project w hereinafterpmvided under Paragraph 0.1. C. The Cll sec notperformorauthoriu savicesorworkmd¢mitts Agremrmt without first receiving the express approval in do in in writing from the DEPARTMENT. I. Such approval shall be contingent upon the DEPARTMENT receiving authorvation from the Federal Highway Administration (hereafter FR WA) for federal participation in the project costa hiceinbefore described 2. Any costa incurred by the CITY prior to receiving such approval fiom the DEPARTMENT shall be ineligible for federal participation and therefore not reimbursable by the DEPARTMENT order the provisions ofluticle R. D. The CITY shall develop and prepare all of the necessary design plans, specifications, eshmetes and contract documents for the project as dnected by the DEPARTMENT in accordance with the DEPARTMENT's standard and procedures for procuring construction contracts for federal -aid projects. The CITY shall submit all such plane, specifications, estimates and contract documents to the DEPARTMENT far review and approval prior to procuring my such contract.. 1. All plans shall measure 22 inches by 36 inches and include the level of detail rwceasaryto construct such improvements in ammner satisfactory b the DEPARTMENT. Such plans may include, but are not necessarily limited to: title or ver sheet, plan and profile, typical sections, standard details, special details act moss sections. 2. All design features shall covf to the standards used by the DEPARTMENT as aft forth in its "Highway Design Guide' and "Standard Detarde for Highways and Bridges "=it comply with the DEPARTMENT's utility accomrnodation policy as set forth in in: "Policy On Above Ground Utility Locatiout '. The design of the traffic signal shall conform to NP.MA dual ring standards. 3. All plans and contract documents shall specify that the project be constructed in compliance with the DEPARTMENT's "Srandard Specifscmions for Highways and Bridges "(hereafter Standard Specifications). 4. The CITY shall be responsible for all necessary utility ccordimtim and shall certify to the DEPARTMENT that all utilities potentially affected by the proposed highway improvements have been notified and offered plans of flue proposed improvements. Prior to the approval of final plans as hereinafter provided, the CITY dull certify to 02-81 PW8831.00 Form Ed 112101 Page 3 of]] Pages the DEPARTMENT that all necessary ability adjustments or relocation have been coordinated with the affected utility. 5. Any work involving force accmmt procedures shall reran the express approval of the DEPARTMENT. 6. Upon approval of final design, all plans so approved shall become lmown as Nefinal plans (hereafter Final Plans). R The CITY may contract for engineering and design related services as necessarym develop, design or wrvetuct the project, provided the selection and retention of my individual or firm to provide or fumish my engineering or design related services for the project (hereunder consvlmnt) shall be based upon qualifications in accordance with the DEPARTMENT's consultant selection and retention procedures. 1. No contract for such services shall be awarded without the express approval of the DEPARTMENT and FR WA pursuant to the provisions set forth under Part 172 of Title 23 in the Uveal SYays Cade of Federal Regulanowr (hereafter CFR) specifically, those provisions set forth therein under Section t72.5(d). 2. Tne CITYslmlIVp fflcdlymonitorallworkperformedwda mysuchcontect pursuant to the provisions of23 CFA 1]2.13. 3. The DEPARTMENT may acceptor jest anywarkperformedorprocured under any mch contact pursuant to the provisioru of23 CFR i'/2.5(d). F. The CITY shall develop andprepare dl ®vnovmmtal studies and reports necessary for the projmt as directed by the DEPARTMENT. Al] such stadies and Mods shall be submitted b the DEPARTMENT, from time to time, for review, wmmeut and acoeptance. G. The DEPARTMENT shall prepare and submit to F'llWA for concurrence all mviromnmtal documentation required for the project under the provisions of the National En hronmened Polity Act(NEPA). H. The CITY shall obtain all pemdts necessary to wastuct the project. I. The CITY shall encourage public participation in the development of the project pnor0 vitiating any find design. J. The CITY dull certify that ample fight -of -way is available to construct and maintain @e project and that such right-of-way is free of all mcroachments that mould interfere with such construction prior to being allowed to solicit forbids to construct the project. 1. The use ofall public land under the ownership and control of the parties hereto shall be made available for all purposes necessary or incidental to the project without my costtotheproject. m -al PM883I.00 Form Ed 1112101 Page 4 of 11 Pages a The DEPARTMENT shall retain all right, title and interest fast it presently holds in and to my of me property and for the project b. Any municipal property that is used for the project shall be dedicated for public use as perpetuity by the CITY for so long as the improveiner¢s command order, the project or otherwise intanded by the project exists. 1) Such dedication shall include a suitable boundary tine or mgineering description sufficient b locate and define such land with ties to a reproducible control line. 2) The CITY shall forward a copy of such dedication and description to the DEPARTMENT. 2. If any additional right-of-way is necessary to adaryately combust and maintain the project than the CTl'Y shall acquire such nght-af-way as hereinaft«provided. a All such righrof-way shall be acquired in accordance with the Un:form Relondom Assistance and Real Pro ry Acquisition Polices AG of1970 as amended by the United State Congress in 1987 (Uniform Act) pursnmt to the provisions set forth under 49 CFR Part 24. b. The CTPY shall certify that all suchright-ofway was acquired, is available and is See of all eacroachnards in accordance with the provisions of the Uniform Act. 3. The ClWdWlfunis wflie DEPARTMENTariglrt-of-waymaporsi uplm prepared in accordance with the DEPARTMENT's specifications detailing my right-of-way acquved for or dedicated to the project. K. Upon approval by flee DEPARTMENT, the CITY shall solicit for competitive bids and award a contract to construct the project in accordance with the Final Plans and Standard Specifications as follows: 1. Such solicitation and all procedures pertaining to the procurement of such a contract shall be in accordance with the DEPARTMENT's procurement policy and procedures for federal -aid projects, unless approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right to accept or reject my and all bids received as aresult of such solicitation. 3. The CTTY shall out award my such contract without the express approval of the DEPARTMENT. 02-81 PM8831.00 Form Ed. 1112101 Page 5 of II Pagea 4. Upon such award, the= shall arrange for aprecoosauction meeting to roommate the construction of the p jest with tine DEPARTMENT, the contmcmr, and any and all utilities and other parties directly involved in such construction. L. The CITY shall administer such a contract so awarded and provide all of the necessary supervision,inspection and documentation required to ensure that the project is completed in a satisfactory cancer is accordance with Me Final Plans and Standard Specifications as heromemerprovided. t. The CITY shall provide a full-time qualified employee to be in responsible charge of the project. 2. The CITY shall use procedures acceptable to the DEPARTMENT on measure and document the quantity and quality of all work performer coder this Agreement and to teat the materials used therein in an accurate and uniform mummer. All documentation, including all seems documents used as the basis ofpaymem for such work, shall become amatter of record and retained as hereinafter provided under Article III, Paragraph A. 3. All traffic throughout die work areas an the project shall be controlled in accordance with the provisions of Part VI ofFRWA's "Manual on Un form Traffic Control Dew'cesfor Strias and Highumys"(MUTCD). 4. Upon completion of the project, the CITY shall provide a compliance certification from a registered Professional Engineer authorized to practice in the State ofIvlaine that the project was constructed in a satisfacimy mamer in accordance with the Final Plans aM Standard Specifications and that the quantity and quality of all work performed under this Agreement east all of me materials used m such construction were measured and documented as hereinbefore provided and red all specification requirements of the construction contract. M. The DEPARTMENT may inspect construction of me proposal and all documentation pertaining thereto at any time dming the period ofconstr anon and may test any of the materials used theneiv on ensure compliance with me Final Plans and Standard Specifications. The DEPARTMENT may reject any, wink or materials not N such compliance. Upon completion ofconstruction, the DEPARTMENT may inspect the project on determine the acceptability, therwfprior to paying arty final claim for reimbumement ofproject costs as hmontafter provided under Article II, Paragraph C.2. N. The CITY shall update the Final Plans as necessary on show all changes or additions made duringtheperiodofconahuctioa Upon completion ofconswction, the CITY shaD famish w the DEPARTMENT a reproducible set ofup-wdee Final Plain m "As -Built Plans"showing all details of the project as demanded on mylar sheets meanming exactly M inches by 36 inches, or sheets ofthe same size on any equivilem medium ofzrchival quality which is suitable and acceptable to the DEPARTMENT for permanent filing. 02-81 PLN8831.00 Form Ed 1112101 Page 6 of 11 Pages 0. The CITY shall mason changes in the scope "objectives oftheproject, or any ofthe costs thxeof other than as hereinafter provided, without the express written approval of the DEPAR'1'W 1. An approved change shall be required to increase the cost ofthe project whenever ezp®ditures are expected m exceed any approved single cost category or budge line item amoum by more than ten (100%) percent as herembacera provided ander Paragraph D. I or wbe werr the total of all participating project costs as defined under Article U, Paragraph A.I is expected to exceed the sum as hereinafter slowed m no event shall the total of all such participating project costs, together with all costs incurred by the DEPARTMENT as hereinafter provided under Article D, Paragraph B, exceed One HuMredSixry Thousand ($160,000) Dollars without the express written approval ofthe DEPARTMENT. 2. An approved change shall also be required to revise, modify or change the scope or objectives ofthe project or any ofthe cost sharing orreimbumemev[ provisions set forth herein, to extend"simmer the period ofthin Agreement car to change any ofthe other terms set forth herein. P. The CITY shall assure that all work undertaken by the CITY or any of its consultants or contractors pursuant in this Agreement conforms f all applicable federal, state and local haws. Specifically,federah laws and regulations covering such work are set forth under Title 23 to the United States Cade (bereafta USC) f applicable statutory law and 23 CPR for applicable administrative law. General administrative requirements relative to federally funded activities are also contained under 49 CFR Part 18 entitled "Uniform Adinmatrative Requirementsfor Grants and Cooperative Agreements to State andLocal Governmervs". Miowabilityfap"ticipatingcostaissdforthanddms beth e Executive Office of the President ofthe United States' Office of Manage"ent and Budget (OMB) Circular A-8] entitled "Cost Principles for State and Local (hvernments". Q. The CITY shall maintain all improvements constructed order the project in sucha answer as is necessary m preserve the one had function thereufas intended by Cheproject, Such maintenance shall be consistent with the same loads and level of maintenance provided by the CFIY for all other major highways and arterials maintained by the CITY. H. COST SHARING & REIMBURSEMENT PROCEDURES A. The DEPARTMENT shall be asponsibhe for spectra ofthe cost to develop, design and construct the protean (heresfterpmt ect costs) as follows: 1. The DEPARTMENT shall provide federal funds available m it through PRWA @eaafler federal share) at the rate of eighty and twenty-eight hundtedths (80.28%) percent of all project costs deemed eligible for federal participation (hereafter parddpaavgpmyceir costs) in accordance withall applicable federal laws and W-(1 PLN8831.00 Form Ed. M/01 Page ] of I] Pages regulations as; set with wrier Article I, Pamgmph P, to the extent that the total of at participating costs shall not exceed One Hundred Scary Thousand ($160,000) Dollars without the express written approval of the DEPARTMENT as heranbefore provided under Article I, Paragraph 0.1. 2. The DEPARTMENT shall also provide all ofthenw-federal ormatching share of all participating project costs heeimbefere described after deducting the CITY's share of mch coats as provided underParagraph B below. B. The CITY shall be responsible for at least ton(IO%) percent of all project tests, including all project costs incwM bythe DEPARTMENT, and my project costs deemed ineligible for federal participation under the provisions of Article I, Paragraph C.2 and Paragraph C.6 below, unless otherwise agreed to in writing as hereinbefore provided under Article I, Paragraph 0.2. C. The DEPARTMENT shall reimburse the CITY for an more than ninety (90%o)percent of all project costs incurred by the CITY as follows: 1. Its no event shall the total of such reimbursement eec«d One Hundred Foray -Four Thousand ($144,000) Dollars without the express written approval of the DEPARTMENT ae hereinbefore provided. 2. The CITY shall bill the DEPARTMENT no less thm monthly for all claims for all allowable direct and ramal participating project coats incurred under the provisions of thus Agreement Swh wst =c incurml wheneverwork u pmfD med, gwds and services are received or a cash disbursement is made. All claims for such coats shall be submitted on the CITY's billhead or invoice and be itemized m a least the same detailmimn dintheapprovedprojwtbudget. The CITYshahl show its shmeof each costs on all claims submitted fm reimburaemeut. Each clave so submitted shall imclude m aaumulative total for ail casts incuned by cost category orbudget line item. Each clave shall also include a unification from a qualified employee in responsible charge of the project that all ammunts so claimed for reimbursement are correct, due and not clammed previously and that all work for which such reimbursement is being claimed was Isothermal in accordance with the terms of this Agreement or my specific owning applicable the sto approved by the DEPARTMENT wrier the terms of thus Agreement. 3. Iflms then One nousmd ($1000) Dollam is mch reimbursable costs are inured in any me month peiod or regularly scheduled billing Period of least one month duration. the CITY shall defer my such claim therefor until the next month or regularly scheduled billing pound in which at least One Thousand ($1000) Dollars in such rar burnable costs have been incurml or until the last or final claim is submitted forreimburseent. Pay wtofmyfinAclaimmaybesubjwttoafinal fta tim of the project by the DEPARTMENT to determine the acceptability thermf as hereinbefore provided under Article 1, Paragraph M. 02-91 PM883I.00 Form Ed lIaMI Page 8 of 11 Pager 4. The DEPARTMENT shall defect all ofthe CUTY's share of such costs as described under Paragraph ll above, if not otherwise deducted on any such claim so submitted, including from time to time its share of those cons incurred by the DEPARTMENT to develop, inspect and admioinerthe pmjcot as therein provided, and retainage as hereinafter provided prim to coaling my reimbursement. 5. The DEPARTMENT shell withhold and retain two and one-half(2Yz ti) percent of all such reimbursements until all work undertaken by the CITY pursuant to this Agreement is completed sambfectorily. The DEPARTMENT may retain temporarily or permanently any portiou of such reimbursements so remixed which it deems equitable until such time as all things required of the CITY under this Agreement are receival, completed or accomplished In the satishction of the DEPARTMENT. 6. If the CITY withdraws from the project, suspends or delays work on the project or takes some other action, including any seta ofcommissien or omission, without concurrence of the DEPARTMENT which results m the loss of federal participation in any of the reimbursable project costs described hero4 the CITY shall become reaponsible for all of the federal share ofsach cons, and if necessary, shall refund to the DEPARTMENT au of feferah shore of any reimbamemem reserved for such costs prior to any such loss of such participation. . M. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain all project records for at least a period of tree (3) years from the daze of the tan or £ural submission of claim fun reimbursement for project costs in accordance with the provisions of 49 CPR 18.42(6), except as otherwise provided under subparagraph 1 below. 1. If any litigation, claim, negotiation audit or other action involving such records bris begun prior to she expiration of such period, then all records shall be retained until all action and resolution of all issues arising therefrom are complete if such action or resolution extends beyond the three year period bereinbefore described. 2. The CULT shall assurethat in accordance with the provisions of 49 CPR 18.42(3), the DEPARTMENT and FRWA, and if necessary, the Comptroller General of the United Stares, or my of their authorized representatives, shall have full access at my and all reasonable times to all records ofthe project for At proposes necessarym ' make audits, emrrrmuimrs excerpts or hamcripts. D. The CITY shall assure that all applicable audit requirements are met in accordance with the provisions of OMD Circular A-133. M GENERAL PROVISIONS A. 1NDEPENDSNT CAPACITY. WLileperforming work mmder this Agreement, the CITY, its employees, agents, representatives, conaultmte or contractors, sball act in an w4ri PM8831.00 Form Ed 1112101 Page 9 ofll Pages independent capacityfrom the DEPARTMENT, and not as officers, employees or agents thereof. B. CONTRACT ADMDiISTRATOR The DEPARTMENT shall assign a Project Manage m act as the Contract Administrator on behalf of the DEPARTMENT under the Rams of this Agreement. As the DEPARTMENT's representative, the Contract Administrator shall have authority to stop the work ifnwessary, an aysme proper execution dastard in accordance with tams of this Agreement. All bills or invoices bar Payment, progress reports, chums, correspondence and all project related submissions from the CITY shall be seat directly to the Contract Administrator. C. LIABILITY. Myamomtpaidoutbytlie DEPARTMENTarisingoutoforfinmmy missions or failures on the pan of the CITY m ma[ professional standards of or anction engineering and inspection shall be recovered from the CITY by reductions in any reimbursements due it order the tams of this Agreement m by any other legal means. The DEPARTMENTshOlpromptlynotifytha=ifmypot fialclaim arises under the provisions of this Article. The CITY shall be afforded doll opportunity for a def aalmarat my such claim. If it is subsequently determined that any such reduction m my nombumanent due the CITY by the DEPARTMENT was either arbitrary, capricious or fiaudulent, [hen my amount so reduced shall be paid promptly. D. INDEMNIFICATION. The CITY shall indemnify and hold harmless the DEPARTMENT and its collects, agents and employees firm my and all claim, suits or liabilities of every kind or nature arising am of or ham any negfig t, intentional, midiciaus or carnal ret error or omission by the CITY or my of its consultants or wntracmrs occurring as the result of any work undalaken by the CITY personal to this Agreement. Wsprovisionshallsurvivemytemimtionmp ireflonoftbis Agreemmt as hereinafter provided under Article V, Paragraph C. Nothing lament shall, nor is intended to, waive my defense immmuty or limitation of liability which may be available m the CITY or the DEPARTMENT, its or their officers, agents or employess, ander the Maine Tort Claims Ad pursuant m the provisions of Section 8101 at seq, in Title 14 of the Maine Revved Stmares Annotated (hereafter MRSA) or my other privileges or immunities as may be provided by law. E. CONFmENTIALITY. The parties hecto agree Nat aU information pertaitivgm engineering war estimates and any riglnaf--way matters, if applicable, shall be kept confidential pursuant to the provisions of 23 MRSA § 63. P. EQUAL EMPLOYMENT OPPORTONITY AND AFPDtMATIVE ACTION. During the performance of any work undertaken parsumt to tins Agreement, the CITY shall not discriminate against my employee or applicant for employment relating specifically m such work because of race, color, religious creed, sex, national ofigim ancestry, age or physical handicap. The CITY shall take of irmadve action m ensure that all such employees or applicants are treated without regard to their race, color, religion, sex, age or national origin during the period of such work. MAI P1N8831.00 Form Ed. 1112101 Page 10 ofll Pages G. INSURANCE. The CITY shall require any and all consultants, contractors or subcondracuum performing my of the services or work undertaken pursumt to this Agreement to be insured as accordance with the provisions set forth under Saxon 103.08 of the DEPARTMENT's Standard Specifications. H. 0WNERS111P. All plans, reports, notes, papas or other tangible work produced by or on behalf of the CITY under the terms of this A rearnent shall be the property of the DEPARTMENT and shall be turned over m the DEPARTMENT upon request following completion or nomination of the project The CITY shall be allowed an interest therein commemorate with it share of the project cost. 1. SUBSEQUENT DOCUMENTATION. The parties hereto agree m execute all documents and take all actions necessary or mcidental to implement the provisions of dim Agreement J. SUBLETTING, ASSIGNMENT OR TRANSPEIt. The CITY shall not sublet' sell, transfer, assign or otherwise dispose of this Agreement or any portion thereof or any right, title or interest Herein without the express written consent of the DEPARTMENT. No contract, agream an or transfer of this Agreement shall in any case release or relieve the CITY from my liability under this Agreement K. ENTutEAGItEIA-IEMf.'1'tiia Ageemmtwntainsthemtiroagreemmtbetweenthe parties hereto rohdive to 01 matters oftheproject and neither party shall be bound by my statement, conespondows, agreement or representation made previous hereto which is not expressly contained herein. L. TBRhRNATION. The DEPARTMENT may postpone, suspend, abandon or otherwise terminate this Agreement open written notice to the CITY and no event shall any such action be deemed a breach of ommum. In the event that the reason for termination is other than for any failure by the CITY, the DEPARTMENT shall give the CITY a written durty (30) day notice of termination. Postponement, suspension, sbandomm ant or [amination may be taken for any reason by the DEPARTMENT or specifically as the rea It of any failure by the CTEV or any contractor thereunder to perform my of the services required coda this Agreemmtmthesafisfmtionofthe DEPARTMENT. Upon receipt of written namfication from the DEPARTMENT that this Agreement is to be postponed, suspended, abandoned or terminated for my of the foregoing reaame, the CITY or any contractor thereunder shall immediately cease all work or services subject to such termination, except my weir required m protect public health and safety, and tum over to the DEPARTMENT within thirty (30) days following the effective date of such termination. all project records, documentation and construction materials in place or purchasedfor the project pursuant to this Agreement Upon receipt of such records, documentation and materials, the DEPARTMENT shall reimburse or amamge a settlement with the CITY in me of the following manners: PEM8831.00 Form Ed. 112 1 Page ll ofli Pages 1. Ifthe postponement, suspension, abendonmeutorterminafion is far any reason otha than that set forth under subparagraph 2 below, the CITY sball be reimbursed for all work or services accomplished up add the date of such termination. 2. If the postponement, suspension, abandonment or termination is the result of my failure by the CTTY or my contractor thereunder to coma my unsatisfactory perfrmance after receiving fifteen (15) days written notice from the DEPARTMENT setting forth the basis of such dissatisfaction, the CPTY's eimburn ment shall be Headed to payment for acceptable work or services accomplished up unfit the date of such terminaflon. V. TERMS OF AGREEMENT A All of the provisions set forth coder Articles I and B shall expire upon satisfactory completion of the terms set forth therein a three (3) years Gam the date hereof, whichever occurs first, urless otherwise terminated sooner or extended laza in writing as hereinbefore provided under Article I, Paragraph 0.2. B. All of the provisions setbonds under Articles M and N, except Article N, Paragraph D, shall eapim upon satisfactory completion of the terms set forth under Article M, ardess tertvivet� sooner or extended later in writing as hereinbefore provided ander Article 1, Paragraph 0.2. C. The indemnification provision se[bonds muter Article N, Paragraph D shall remain in full fame and effect indefinitely or until specifically tantinated, modified or amended f writing by the parties hereto or negated by any operation of law. W. APPROVAL This AGREEMENT has been approved and signed m duplicate by the parties below and becomes effwtive ou the day and date first above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: Witness Warren T. Foster, Director Bureau fP Ject Development CITY OF BANGOR By. Edward A. Barren, 0ty Manager pre 111SNI 02-81