HomeMy WebLinkAbout2000-04-24 00-166 ORDERCOUNCIL ACTION
Date: 4-24-00 - Ron No.: 00_166
Dem/Subject: Authorizing City almoner to Execute Grant Agreement with MDOT—Transportation
Capital improvement Grow, Waterfront Bulkhead Replacement Project PIN. 007892.00
Responsible Department Engineering
Commentary:
The attached Order authorizes execnfirm of an agreement with MDOT, which will allow the
City to undertake the design and construction of the Bulkhead Replacement on the
waterfront Funding for this project N the amount of $1.2 million was approved in the
State's Transportation Bond Referendum last November.
This project will complete the replacement of the deteriorated bulkhead along Front Street
Constrpefio s is expected to be done this year. No local match is required.
We have executed similar agreements on a number of previous MDOT projects. Execution
of the agreement is recommend. A copy is attached.
Di;oartmeN Head
Managels Comments:
This has been reviewed and approved by the Municipal Operations Committee.
(P I
ty Manager
Associated information Order, Agreement
Budget Approval:
Fina,xe Dirs,
Legal Approval:
NSot elm.
: wn
MPassage
❑ First Reading
0 Referral
INKM 11
Page
5�ile Assi�aibCoumilm Pervham April 26. 2000
CITY OF BANGOR
(TITLE) Order, Anthoriaiag city xe "r to Breeute Orme Agreament with MOT -
Trampxtatio % capitml 3Yprovamant Oram, Naterlrmt Nlthead P.eplaeem t
Project P.I.N. 007892.00
a 11
ORDERED,TNAT
Ne City Manager is hereby authorved and directed to execute an Ageement with the Maine Department of
T=Vortation which will allow the City to undertake the desi� and construction of the Waterfront,
Bulkhead Kep1meonent 6oject P I.N. 000892.00.
W CITY COVNCIL 0o-166
April 24. 3000
Passed ORDER
TkK Authorising City Heoager to
Hreeute wement with MOT - S and f
portatian Capital Imprwenonr Grant
Haterfroot BuMead Replacement 1:
Project P.L K_d92SJl�iH-I-Itl-�-95([55)
NWF.�mAo a cwBa
00-166
TRANSPORTATION CAPITAL IMPROVEMENT
GRANT AGREEMENT
between the
City of Bangor
and the
State of Maine, Department of Transportation
PIN 007892.00
This AGREEMENT is made this day of , 2000, by and
between the Maine Department of Transportation, an agency of the State of Maine,
having its principal office in Augusta, County of Kennebec, State of Maine
(hereinafter called "DEPARTMENT"), and the City of Bangor, a municipal
corporation and body politic, having its principal office in Bangor, County of
Penobscot, State of Maine (hereinafter called 'CITY")
WITNESSETH
WHEREAS, the citizens of the State of Maine recently approved the issuance
of $56,042,031 in bonds for certain transportation capital improvements within the
State of Maine, all as set forth in the Private & Special Laws of 1999, Chapter 37 (LD
#2009); and
WHEREAS, $36,816,000 of the approved bonds will be supported by the
General Fund; and
WHEREAS, $11,676,000 of the General Fund bonds are authorized for marine
infrastructure development; and
WHEREAS, $1,200,000 of the General Fund bonds authorized for marine
infrastructure development were allocated for waterfront development in the City of
Bangor; and
WHEREAS, the City of Bangor has identified a specific transportation capital
improvement project along a portion of its waterfront for development using the
authorized bond funds; and
Page 1 of 12
PIN 007892.00
WHEREAS, the project described herein was accepted by the
DEPARTMENT for funding; and
WHEREAS, this Agreement sets out the terms of the DEPARTMENT's grant
to the CITY;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
agree as follows:
ARTICLE ONE. DEFINITIONS
When used within this AGREEMENT, the following terms shall be defined as
follows:
Proiect - the transportation capital improvement work to be performed by or
for the CITY and accepted by the DEPARTMENT for funding as more
fully described in Appendix A hereto (hereinafter called the "PROJECT").
Proiect Manager -The person designated by the CITY to coordinate and
manage all local responsibilities regarding the development of the
PROJECT. This person also serves as the CITY's liaison with the
DEPARTMENT.
Program Manager -The person designated by the DEPARTMENT to
coordinate and manage all State responsibilities regarding the PROJECT.
This person also serves as the DEPARTMENT's liaison with the CITY.
ARTICLE TWO. GENERAL PROVISIONS
A. The DEPARTMENT agrees to grant to the CFFY an amount not to exceed
One Million Two Hundred Thousand Dollars ($1,200,000.00) in General
Fund bond funds subject to the provisions set forth below:
1. If the PROJECT involves land acquisition, grant funds may be
expended for any of the following purposes with a direct relationship to
the PROJECT: survey work; title searches; environmental
assessments and mitigation; appraisals; negotiations; and, drafting and
recording of instruments of transfer, all as more specifically described
in Appendix B hereto.
Page 2 of 12
PIN 007892.00
2. The CITY shall develop and prepare all necessary design plans,
specifications, estimates and construction contract documents for the
PROJECT. The CITY may contract for engineering and design related
services, as necessary, to develop, design and/or construct the
PROJECT, provided:
a. The selection and retention of any individual or fumy to provide
or furnish any engineering or design related services for the
PROJECT shall be based upon qualifications in accordance with
the DEPARTMENT's consultant selection and retention
procedures.
b. No contract for such services shall be awarded without the
express written approval of the DEPARTMENT's Program
Manager.
3. Not more thantwo percent (2%) of all grant funds maybe used by
the CITY for its miscellaneous administrative expenses including
minor direct or indirect expenses associated with the PROJECT.
B. Since the funding provided by the DEPARTMENT for the PROJECT
comes from a t=x x mot bond issue, under no circumstance may
PROJECT funds be expended for any non-public purpose without the
CITY first having received written approval of such expenditures from the
DEPARTMENT and the Treasurer of the State of Maine.
The CITY agrees to develop and construct the PROJECT consistent with the
following outlined program of development:
A. To obtain all necessary Federal, State and local permits and licenses.
B. To submit final design plans and specifications to the DEPARTMENT for
review and approval prior to advertising for construction. Upon receipt of
written approval from the DEPARTMENT of the plans and specifications,
the CITY agrees as follows:
1. To solicit bids, through public advertisement in one newspaper with
Statewide circulation and one newspaper with local circulation, if not
one in the same, from construction firms for the PROJECT
construction and to award a construction contract for the PROJECT to
a competent and qualified construction firm on a competitive basis.
Page 3 of 12
PM 007892.00
2. To arrange a preconstruction meeting with the construction fmm
chosen to build the PROJECT. The DEPARTMENT's Program
Manager shall be given one week's written notice of the date of such
meeting and afforded an opportunity to attend.
3. To provide construction oversight sufficient to assure compliance with
the construction plans and specifications.
4. To provide access to the PROJECT site at all times to the
DEPARTMENT's Program Manager and other personnel to allow
monitoring of the CITY's compliance with this AGREEMENT.
ARTICLE FOUR. REIMBURSENZaUFINANCIAL PROVISIONS
A. Subject to the provisions of Section B, below, the CITY agrees that all
PROJECT funds shall be disbursed by the DEPARTMENT as
reimbursements to the CITY. Reimbursements by the DEPARTMENT to
the CITY for allowable expenditures made toward PROJECT land
acquisition, design and construction are contingent upon the following:
1. Total reimbursement by the DEPARTMENT to the CITY shall not
exceed One Million Two Hundred Thousand Dollars ($1,200,000.00)
appropriated funds for the PROJECT.
2. No reimbursement shall be made by the DEPARTMENT unless the
CITY shall have fust paid an allowable third -party invoice or incurred
an allowable internal PROJECT expense, and shall have submitted
receipted invoices or other documentation of PROJECT expenses to
the DEPARTMENT.
The DEPARTMENT agrees to review all such requests for reimbursement
by the CITY within thirty (30) days after receipt thereof and to forward
approved funds as expeditiously as possible after the written request has
been received and accepted. The DEPARTMENT will notify the CITY in
writing of any rejection of a request for reimbursement and reasons
therefore. All requests for reimbursement shall be sent to the attention of
the DEPARTMENT's Program Manager at the address stated in Article
Eleven.
B. If the CITY proves to the DEPARTMENT's Program Manager that
reimbursement pursuant to Section A, above, is not economically feasible,
the CITY may request that portions of its PROJECT expenses be paid by
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PM 007892.00
the DEPARTMENT directly to the CITY. The decision to waive
reimbursement in favor of direct payment shall be at the.
DEPARTMENTS sole discretion.
ARTICLE FIVE USE AND MAINTENANCE
The CITY covenants and agrees that the PROJECT, upon its completion, is
intended to be used for transportation purposes. The CITY further agrees to
maintain and operate the completed PROJECT at all times in a safe and sanitary
manner, to comply with all Federal, State and local laws, ordinances, rules and
regulations.
The CrrY further covenants and agrees to maintain the completed PROJECT
for a minimum term of thirty (30) years from the completion of the PROJECT, and
to use it for its intended transportation purpose.
ARTICLE SIX. PROCEDURES
All agreements and contracts between the CITY and any third parties
required to fulfill the terms of this AGREEMENT shall be in accordance with
Federal, State and local requirements.
ARTICLE SEVEN RECORDS RETENTION
The CITY shall maintain a complete set of all internal and external records
related to the development of the PROJECT including, but not limited to, all
contracts, plans and specifications, correspondence, telephone logs, inspection
reports, photographs, authorizations of payment, change and extra work orders,
receipts, proof of disbursements, as -built plans, and any and all other
documentation associated with the PROJECT, and shall make said records
available for inspection and audit by authorized representatives of the
DEPARTMENT at all reasonable times. Such records shall he maintained for a
period of six (6) years after PROJECT completion.
ARTICLE EIGHT. TERMINATION
This AGREEMENT may be terminated by mutual consent of the parties. In
addition, the DEPARTMENT reserves the right to forthwith terminate the
payment provisions of this AGREEMENT in the event of any substantial default by
the CrfY.
Substantial Default shall include, but not be limited to, any of the following:
Page S of 12
PIN 007892.00
1. Diversion of any of the foregoing monies to a use other than is authorized
by this AGREEMENT.
2. Failure to adequately monitor the quality of workmanship and/or
materials used on the PROJECT.
3. Discontinuation of the prosecution of the work beyond a reasonable time.
4. Failure to adequately monitor progress of the PROJECT.
5. For any other cause whatsoever which substantially impedes the progress
or quality of the PROJECT.
6. Failure to, in good faith, carry out the intent of this AGREEMENT.
7. Breach of any material provision of this AGREEMENT.
The DEPARTMENT shall give the CITY notice of pending termination, in
writing, within five (5) days of learning of said substantial default, and, if said
substantial default is not cured by the CITY within ten (10) days of said notice, the
DEPARTMENT may terminate this AGREEMENT.
In the event that any contract or agreement entered into with others by the
CITY pursuant to this AGREEMENT is terminated or breached, the CITY shall
bear all penalties, costs and legal fees associated with such a termination or breach,
without recourse to the DEPARTMENT.
Unless sooner terminated or otherwise indicated in this AGREEMENT by
specific article, this AGREEMENT shall expire thirty (30) years tram the
completion of the PROJECT.
ARTICLE NINE INDEMNIFICATION
The CITY shall indemnify and hold harmless the DEPARTMENT and its
agents and employees from any and all claims, actions or liabilities of any nature
whatsoever arising out of the negligence or any other act or omission of the CITY or
its agents, servants, employees or independent contractors in the acquisition of
interests in, or in the ownership, use, construction, operation or maintenance of the
PROJECT.
The CITY agrees that, in any agreements or contracts for property
acquisition work or design services work to be performed with regard to the
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PIN 007892.00
PROJECT, it will require proof of professional malpractice insurance in such
amounts and with such companies as are satisfactory to the DEPARTMENT.
The CITY agrees that, in any agreements or contracts for work to be
performed in whole or in part on the PROJECT land, it will require liability
insurance consistent with or in excess of the limits of the Maine Tort Claims Act
provisions in effect and will require each contractor to name the State of Maine,
Department of Transportation and the CITY as named insured.
ARTICLE TEN. PROPERTY OWNERSHIP
All land acquired pursuant to this AGREEMENT shall become and remain
the property of the CITY, subject to the terms of this AGREEMENT, which shall
run with the land and be binding upon the CITY, its successors and assigns. All
deeds to property acquired with PROJECT funds shall recite the use restrictions
set out in Article Five hereof
ARTICLE ELEVEN NOTICE
All notices required pursuant to this AGREEMENT shall be mailed or
delivered as follows:
To DEPARTMENT:
State of Maine
Department of Transportation
16 State House Station
Augusta, Maine 04338-0016
Attention: Paul D. Pottle
Program Manager
To CITY
City of Bangor
Engineering Department
73 Harlow Street
Bangor, Maine 04401
Attention: James D. Ring, P.E.
City Engineer
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PM 007892.00
IN WITNESS WHEREOF, the said DEPARTMENT and the said CITY, by
their duly authorized representatives, have caused this AGREEMENT to be
executed in duplicate originals and to become effective on the day and date first
above written.
Witness
DEPARTMENT:
State of Maine, Department of Transportation
by:
John G. Melrose
Its Commissioner
CITY:
City of Bangor, Maine
Witness Edward A. Barrett
Its Manager
Page 8 of 12
PPI 007892.00
APPENDIX A
Waterfront Bulkhead Replacement, Bangor Maine
Proiect History
The City of Bangor currently owns approximately one (1) mile of frontage
property along the Penobscot River. The City is in the process of developing a
comprehensive plan for the redevelopment of this frontage property to include a
ferry terminal adjacent to Front Street on the River consistent with the goals and
objectives of the State of Maine's Explore Maine initiative.
A major obstacle for the City to overcome before it can achieve its
redevelopment plans is the extremely poor condition of an existing wooden
bulkhead, which runs approximately 1,100 linen feet along the River frontage in the
Front Street area. Portions of the bulkhead are unstable, and some sections failed
entirely. In 1999, the City reconstructed more than 200 linen feet of failed bujkbead
replacing the timber cribbing with interlocking coated steel sheeting. The design,
permitting, construction administration and inspection were performed by the
City's Engineering Department. Actual construction of the repair was performed
by a construction Bur.
The City submitted a transportation capital improvement project request for
State funding assistance to reconstruct the remaining timber portion of the
bulkhead, approximately NO linear feet, to the Maine Department of
Transportation. The project was accepted by the Department and included in its
Biennial Transportation Improvement Program (BTIP), Fiscal Years 2000/2001. The
project, identified as PIN 009892.00, was subsequently accepted by the legislature
and Governor for inclusion in LD 2089, a $56,042,031 transportation bond
referendum question, which was approved by the voters of Maine in November of
1999.
Minimum Project S
The City is developing a multi -phased plan to improve its frontage property
along the Penobscot River. An initial phase of the redevelopment is the
reconstruction of the remaining timber bulkhead adjacent to Front Street, the
PROJECT, such that a ferry and cruise vessel terminal can ultimately be located in
this area.
With Maine Department of Transportation oversight, the City will design,
permit and construct the Project using in-house staff and third -party contracts. At a
minimum, the City will consider the following in its development of the Project:
Page 9 of 12
PIN 007392.00
1. Safe demolition and proper disposal of all portions of the timber crib work
and fastening components necessary to construct the new bulkhead.
2. Interlocking steel sheeting will be driven to sufficient lengths to allow future
dredging of the berth to accommodate the largest draft ferry or cruise vessels
which likely will use the future terminal.
3. Life cycle casting will be performed on the interlocking coated steel sheeting
with and without cathodic protection to determine the most economical real
cost of the improvement.
9. Sufficient preliminary design of the future terminal and back land
development should be carried out to insure limited rework with particular
emphasis on the probable location of such elements as:
a. lightingmasts
b. bollards and cleats
c. gangways
d. safety railings
e. marine fenders
f. water, fuel, and electrical supply to vessels
Prior to commencing any work on the Project, the City will name its Project
Manager and submit a Project budget to the Departments Program Manager for his
review and approval.
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PIN 007892.00
W-166
donation of the difference between the purchase price and the appraised fair
market value.
5. Relocation
All relocation (whether of businesses, residences, signs, utilities, etc.) Shall
be conducted in accordance with Title 23 of the Maine Revised Statutes
Annotated.
6. Environmental Assessment
The CITY may elect to deal with potential environmental contamination of
PROJECT land to be acquired in one of the following ways:
a. By signing a representation and warranty that "The PROJECT
property isfully in compliance with the Resource Conservation and
RecoveryAM, The Comprehensive Environmental Response,
Compensation and Liability Act of 1988, as amended, The Superfund
Amendments and Reauthorization Act of198d The Federal Water
Pollution Control Act and all other Federal, Some and local laws, rules
and regulations relating to pollution orprotection ofthe environment,
including, without limitation, laws relating to emissions, discharges
releases or threatened releases of toxic or hazardous substances or wastes
or other pollutants, contaminants, petroltumproducts or chemicals into
the environment."
b. By conducting either a Transaction Screen Process, in accordance with
ASTM Standard Practice E-1528-93, or a Phase I Environmental
Assessment, in accordance with ASTM Standard Practice E-1529-98, of
the PROJECT property to be acquired to identify recognized
environmental conditions regarding the presence or likely presence of
contamination from hazardous substances or petroleum products
referred to in Section 6.a., above. If contamination is present, the CITY
and the DEPARTMENT shall mutually decide upon a course of action.
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