Loading...
HomeMy WebLinkAbout2000-09-25 00-366 ORDERCOUNCIL ACTION Date: September 25, 2000 Item No.: on jinni_ Item(SubjecL Authorizing City Manager to Execute l.ocvl Project Agreement with MDOT-Traffic Signal Modifications in the Downtown Area PW g 8836.00 Responsible DepmtmenC Engineering Commentary: The attached Order authorizes execution of a roufine Local Project Agreement with MDOT, covering the long[ administration of the development, design and commetion of a locally administered project to modify traffic signals in downtown Bangor to improve tragic circulation. We have executed similar agreements on a number of previous MDOT projects. Execution of the agreement is recommended. A copy is attached.. H d Mamgets Comments: V�arvun`m✓p f'%^'a Vas-. 'J. tyMomg r Associated Information: Budget Approval: n ,, / Finame Direr Legal Approval: c 5 moor Passage' First Reading Refcrml Page of 00-366 Aeawnedfo CouncOor nnidncc[ September 25. 2000 au pp CITY OF BANGOR (TITLE.) atlrBPrr, Authorizing City Manager to Execute Local Project Agreement with M150'f Trailk Signal ModsBcatious in Mc DOtititoo aAreaPlNk'- SM6.00 By the twy Comletl Of Gig of Revoker: ORDERED, TBAT the. City. Manage' is hereby authorized and directed to execute a Local Project Agreement with the Maine Department of Transportation covering the local administration of a locally admirustemd project to modify traffic signals in downtown Bangor b improve traffic circulation. A copy of the agreement is attached IR CITY CQWCIl. September E5, 2000 Passedy CLERK. f �t 00-366 ORDER Title, Autboriziag City m000ger to Execute Inczl Project Agremeut with 1810P - Traffic Signal Modificatlous fa the Dowtow Area - PIR 88836.08 /n Aeugnadro - ......(���................... councilman 00-366 LOCAL PROJECT AGREEMENT BETWEEN THE STATE OF MAINE DEPARTMENT OF TRANSPORTATION AND TBE CITY OF BANGOR nernwwc PROPOSED MODIFICATION OF TRAFFIC SIGNALS TO IMPROVE TRAFFIC CIRCULATION IN THE DOWNTOWN AREA tINDER FEDERAL AID PROJECT NO. STP -8836(00) PROJECT IDENTIFICATION NUMBER (PIN) 8836.00 This AGREEMENT is entered into on this day of ,2000 by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter DEPARTMENT) and the CITY OF BANGOR, a body corporate and politic located in the County of Penobscot (hereafter CPT[) regarding the development, design and constmctton of locally -administered project m modify traffic signals in downtown in Bangor to improve traffic circulation under Federal Aid Project No. STP-8836(0(f/Project Identification Number (PIN) 8836.00 (hereafter project) as follows: L. PROJECT DEVELOPMENT A The purpose ofthe project is to modify the traffic signals in dowmrown Bangor as the first phase ofrewmmendatiom outgned in a dovmtown circulation study, by replacing traffic connotations and installing pedestrimn signal heads, pushbuttons, detection loops and mast armaazveriouslocations. The total participating cost ofthe project m defined under Article 11, Paragraph Al shall not exceed the sum of One AandreAFY0 Tsousand (S150r000) DoBara without the eryress written approval ofthe DEPARTMENT as hereinafterprovidedunder Paragraph O.I. Reimbursement as hereinafter provided under Article D shall be limited to no more than ninety (Mo) percent of such participating was after deducting a local share of M Inst ten (l016) percent m hereinafter provided under Article R, Paragraph B. - B. The CITY shall submit aline item budget to the DEPARTMENT for approval based upon a detailed estimate ofproject costs. 1. Once such a budget is approved, expenditures subject to reimburaemeM as hereinafter provided shall not exceed any single east category or budget line item amount by any more than ten (10'0) percent without approval of the DEPARTMENT.. 0(1-366 PIN883600 Farm Fd 91JIM Page 2 of 10 Pages 2. In no event shall the total of all such expenditures exceed the total amount allowable for the project as hereinafter provided under Paragraph 0.1. C. The CITY shall not perform or authorize any services or work under this Aga neat without first rcavi%the express approval to do oto in writing from the DEPARTMENT. 1. Such approval shall be contingent upon the DEPARTMENT receiving authorira0on from the Federal Highway Adrunnaration(hereafter FHWA) for federal participation in the project wets hereinbefore described. 2. Any corm incurred by time CITY prior to receivingw A approval ftam the DEPARTMENT shag be Ineligible for federal participation and therefore act reimbursable by the DEPARTMENT order the provisions of Article R. D. The CITY shell develop end prepare all of the necessary design plain, specifications, eminates and contract documents fen the project as directed by the DEPARTMENT in accordance with the DEPARTMENT's standards and procedures for preening construction contracts for fedael-aid project. The CITY shall submit all each plans, specifications, estimate and remnant documema to the DEPARTMENT for review and approval prior to procuring any such contact. 1. All plans ah all measure 22 inches by 36 inches and include the level of detail necessary W construct such improvements in a masmer satisfactory to the DEPARTMENT. Such plans shall include signal timing, phase diagrams, notes and layout as well as title or cover sheet and any other necessary plan and detail sheen. 2. All plans and contract doaunenm shall specify that the project be constucmd io compliance with the DEPARTMENT's "Stardiud Specihcvnwrsfor Highways used Bridges"thereafter Standard Specifications), NEMA dual ring standards, and where applicable, shag wdorn to the DEPARTMENT's highway deep standards as set forth in its highway Design Got&". 3. Construction of the project shall also comply with the DEPARTMENT's utility rcemmodation policy as act forth in its "Policy On Above Grouts Gdlity Locnn'wa". The CITY shall be responsible for all necessary utility coordination as fauna: e. The CITY"I certify to the DEPARTMENT that all utilities potentially affected by the Proposed highway improvements have been notified and offered plans of the proposed improvements. b. Prior to the approval offmal plans as hereinafter provided, the CITY shall certify to the DEPARTMENT that all necessary utility adjustments or relocation have been coordinated with the affected utility. 00.366 PIN8836.00 Form Fd. 911100 Page 3 of 10 Pages 4. Any work involving force account procedures shall require the express approval ofthe DEPARTMENT. 5. Upon approval of final design, all plans so approved "become known as mefnml Fluor (heredter Find Plans). E. The may contest for engineering aed design related services as necessary to develop, design m concoct the project, provided the selection and retention of any individual or firm to provide or famish any engineering or design relined service for the project (hereafter co sultam) shall be based upon qualifications in accordance with the DEPAHTMENT's consultant selection and retention procedures. 1. No contract tur such service shag be awarded without the express approval ofthe DEPARTMENT and FIRMA pursuW to the provisions set forth under Part M of Title 23 in the United States Code oJFederalftulatiorar(hereefier CPR) specifically, those provisions sal forth therein under Section M.5(d). 2. The= shall specifically monitor all work performed under my such common pursamnt to the providoe of 23 CFR 172.13. 3. The DEPARTMENT may accept or rejoet any work performed or. procured under any such contract pursuant to the provisions of 23 CFR 172.5(d). F. The CITY shall develop and prepare all environmental studies and reports necessary for the project as directed by the DEPARTMENT. All such studies and reports shall be submitted to the DEPARTMENT f review, comment and acceptance. G. The DEPARTMENT shall prepare and submit to FUWA for conwtreace all environmental documentation required for the project under the provisions ofthe NaOmnlF ''rwusemdPotlry Act (NEPA). H. The CITY shall obtain all permits necessary to construct the project. C The= shag enocerW the participation of the public in the development of the Project. 1.. The CRY shag certify that ample righno6way is available to consumer and maintain the project aha that such right-of-way is fice of dl encroachments that could interfere with such concoction prior to being allowed to solicit for bids to construct the project. The ux of all public land miler the ownership and control of the parties hereto shall be made available for all purposes necessary or incidental to the project without any coat to the Project. K. Upon approval by the DEPARTMENT,the CRY shall solicit for compefifive bids and award a contract to consumer the project in accordance with the Final Plans and Standard Specifications as follows: 00-366 PMW36M Form Ed 911IN Page 4 of 10 Pages 1. Such solicitation and all procedures pertaining to the procurement of each a contact shall be in accordance with the DEPARTMENT's procurement policy and procedures for federal -aid projects, urdess approved otherwise by the DEPARTMENT. 2. Both the CITY and the DEPARTMENT shall have the right to accept or reject my and au bids received as a result of such solicitation. 3. The CfTY shall not award any such comact without the express approval of the DEPARTMENT. 0. Upon each award, the CITY shall strategic for a preconstmction meeting a coordinate the construction of the project with the DEPARTMENT, the contractor, and any and all utilities and ones parties directly involved in and construction. L. The CITY shall administer such a commot an awarded and provide all of the necessary supervision, inspection and documentation required to ensure this the project is completed in a eetistectory manna in accordance with the Final Platy and Standard Specifications as hereinafter provided. 1. 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 to measure and document the quantity and quality of all work performed under this Agreement and m test the materials used therein in an accurate and uniform manna. All documentation, including all source documents used as the basis of payment for ankh work, shall become a matter of record and retained ere hereinafter provided miler Article DI, PmagraphA 3. All track throughout the work mess on the project shall be controlled in accordance with the provisions ofPart VI ofFRWA's'S la mrl on Uniform Traffic Comrmf Devicesjor Streets mid Highways "(MII'fCD). 0. Upon completion of the project, this CITY shall provide a compliance certification from a registered Professional Engineer authorized to practice in the State of Maine that the project was constructed in a satisfactory maws in accordance with the Final Plane ant Standard Specifications and that the quantity and quality of all work performed under this Agreement and all of the materials used in such construction were measured and documented in hereinbefore provided and met all specification requirements of the construction contract. M. The DEPARTMENT may inspect construction of the project and all documentation pertaining thmeto at any time during the Period ofconstmction and may test any of the materials used therein to ensure compliance with the Final Plan and Standard Specifications, The DEPARTMENT may reject any work or materials not in such compfiance. Upon completive ofconstuction, the DEPARTMENT may inspect the PIH8836.00 00-366 F Fd 911" Page 5 of 10 Pages project to dmemdne the accepmbi ity thereof prior to paying any final claim for reimburaement of project was as he smatter provided under Article D, Paragraph C.2. X The Cl'IY shill update the Final Plans as necessary to show all changes or additions made during the Period of construction. Upon completion ofwnatmction, the CITY shall famish to the DEPARTMENT a reproducible sal of up-to-date Final Plans as "As -Built Plates" showing all details of the project as constructed on mylar sheets m assuring exactly 22 inches by 36 inches, or shown of the same size on any equivilent medium of archival quality which is suitable and acceptable to the DEPARTMENT for permanent filing. O. The CITY shall nuke no changes in the scope or objectives of the project, or any of the wets thereof other than as hereinafter provided, without the express written approval of the DEPARTMENT. 1. An approved change shag be required to increase the cost of the project whenever expenditures are expected to exceed any approved single coat category or budget line item amount by mora than ten (l0°/e) percent as hereinbefore provided under Paragraph B.1 or whenever the total of all participating project was as defined under Article D, Paragraph A is expected to exceed the auto as hereinafter allowed. In no event shag the total of all such participating project costa, together with all was incurred by the DEPARTMENT as hereinafter Provided under Article B, Paragraph B, exceed the sum of One Hundred FiJif Thousand ($150,000) Dollars without the express written approval of the DEPARTMENT. 2. An approved change shall also be required to revise, modify or change the scope or objectives of the project or any ofthe cost sharing or reimbursement provisions set forth herein, to mend or shorten the period of this Agreement or to change any of the other terms set forth herein. P. The CFTY "I assure that all work undertaken by the CTTY many of its consultants or contractors "word to this Agreement conforms to all applicable federal, sure and local laws. Specifically, federal laws and regulationawveringsuchworkareaer forthunder Title 33 in the United States Code (hereafterUSC) for applicable statutory law and 23 CPR for applicable administrative law. General administrative requirements relative to federal funded activities are also contained under 49 CFR Part IS entitled "UmJmrn Aebnmetanan re Regdremenm for Grass and Coopereaive Agreements to &are and Local Governments". Allowabgity for participating was is am forth and described in the Excessive Office of the President of the United States' Office of Management arta Budget (OMB)CircularA47entitled"Cost Primiplesfm StoremdL at Gosemmmts". Q. The CITY shell continue to operate and maintain all of the traffic signals modified under the project in such a marmar as is necessary to preserve the use and function thereof as intended by such modification, consistent with the provisions of all previous Agreements pertaining to such operation and maintenance. PIN883600 Form Fd 911100 Page 6 of 10 Pages If COST SIURFaG@REDNBURSEMENT PROCEDURES A. The DEPARTMENT sIWl be responsible for a portion of the cost to develop, design and wnmmm the project(hereafterQ ject costs) by providing Indeed fords available to it through FRWA (heresfterjedesal awe) at the rate of ninety (90%) percent of all project conte deemed eligible for federal participation (hereafterparnedsurNngproJect costs) in accordance with A applicable federal laws and regulations as we forth under Artide I, Paragraph P, to the extent that the total of au participating coats shall not exceed One HandmdFW 2&ossand ($150,000) Dollma without the express written approval of the DEPARTMENT as berembef ce provided under Article I, Paragraph 0.1. B. The CTlY shall be responsible for at least M(10%) percent of all project count, including ell project cosm incurred by she DEPARTMENT, and any project want deemed ineligible for federal participation under the provisions of Article I, Paragraph C2 and Paragraph G5 below, unless othmvise agreed to in writing as; hereinbefore provided under Article 3, Paragraph 0.2. C. The DEPARTMENT shall reimburse the CITY for an more than mostly(90%) pattern of all project costs incurred by the CITY as follows: 1. The CITY shall bill the DEPARTMENT no leu toes monthly for all claims for all allowable direct and actual participating project wets incurred under the provisions of this Agreement. Such costs areincurredwheneverworkispeformed, goods and services are received or a cash disbursement is made. All claims for such was shall be submitted on the CITY's billoead or invoice and be itemized in at leant the same detail as itemized in the approved project budget. The CITY shall slow its scare of such was on all claims submitted for reimbursement. Each claim an submitted shall include an accumulative total for all was incurred by cost category or budget line item. Each claim shall else include a certification from a qualified employee in responsible charge of the project that all mounts so claimed for reimbursement are correct, due and not claimed previously ant that all work for which such reimbursement is being cleared was performed in accordance with the terms of this Agreement or any specific contract applicable thereto approved by the DEPARTMENT under the teams of this Agreement. 2. In the event that less than One Thousand ($1000) Dollars in such reimbursable costs are incurred in arty one month period or regularly scheduled billing period of at least one month duration, the CITY shall defer any such claim therefor until the next month or regularly scheduled billing period in which at least One Thousand (11000) Dollars in such reimbursable costa have been incurred or wtil the last or final claim is submittedforrambursement Paymentofanyfinsicl mmaybesubjetawafinal inspection of the project by the DEPARTMENT to determine the acceptability thereof as hereinbefore provided under Article I, Paragraph M, 3. The DEPARTMENT shall deduct all of the ='a share of such costs as described under Paragraph B above prior to muting any reimbursement, includmg, from time to 00-366 PIN8836.00 Pmts Ed 9/1/00 Page 7 of 10 Pages time, its share of those costs incurred by the DEPARTMENT to develop, inspect and administer the projeit as therein provided, soul retainage as hereinafter provided. 4. The DEPARTMENT shall withhold and retain two and one-half (2' 9/6) percent of all such reimbursements until ell work undertaken by the CITY pumand to this Agreement is completed satisfactorily. The DEPARTMENT may retain temporarily or permevently any portion of such reimbursements so retained which it dams equitable until such time as all things required of the CTTY under this Agreement are received, completed or accomplished to the satisfaction of the DEPARTMENT. S. If the CM withdraws from the project, suspends or delays work on the project or takes some other action, including any ams of commission or omission, without concurrence of the DEPARTMENT which results in the Ica offedemal participation in my ofthe reimbursable toss as provided herein, the CITY shall be responsible for all of the federal share of such costs and, ifsacc sary, shag refined to the DEPARTMENT all of the federal share ofanry reimbursements received which subsequently become ineligible for federal participation. If. RECORD RETENTION, ACCESS REQUIREMENTS & AUDIT A. The CITY shall maintain all project records for at least a period oftheme (3) years from the rime of the hat or final submission of claim for reimbursement for project costs in accordance with the provisions of 49 CFR 1542(6), except as otherwise provided under subparagraph Ibelow. 1. In the even dW any litigation, claim, registration, audit or other action involving such records has begun prim to the expiration of each period, then all records shall be retained until all action and resolution of au issues arising there6om are complete if such action or resolution extends beyond the three year period hereinbefore described. 2. The CITY shall sssure that in accordance with the provisions of 49 CFR 18.42(3), the DEPARTMENT and FHWA, and if necessary, the Comptroller General of the United States, or any of their authorized representatives, shall have fWl access at any and all reasonable times to all records of the project for all purposes necessary to make mndits,examinations, excepts or transcripts. D. The CITY shag assurethe all applicable audit requirements are me in accordance with the provisions of OMB Circular A-128. IV. GENERAL PROVESIONS A. INDEPENDENT CAPACITY. The CITY, its employees, agents representatives, consultants or contractors, shall, in performance of the work under this Agreement, act in an independent capacity from the DEPARTMENT, and not m afters, employees or agents thereof. 00-366 PIN8836.00 Form Fd 9/1" Page 8 gj10Pages B. CONTRACT ADMNISTRATOIL The DEPARTMENT shall nss* aPmjeot Manger to act as the Contract Administrator on behalf of the DEPAJDAV ENT under the turns of this Agreement, As the DEPARTMENT'srepreamative, the Contract Administrator shall have authority to stop the work if necessary to ensure proper execution thereof as accordance with terms of this Agreement. All bills or incomes for payment, progress reports, claims, correspondence and all project related submissions from the CITY shall be sent directly to the Contract Mor mistrator. C. ISABILITY. Any anumadi almabythe DEPARTMENTansing out oforfrom any errors, omissions or failures on the part of the CITY to mat professional standards of construction engineering and inspection shall be recovered from the CITY by reductions in any reimbursements due it order the terms of Ods Agreement or by any other legal means. The DEPARTMENT shall Promptly entity the CITY ifarsy Potential daim arises under the provisions of this Article. The CITY shall be afforded hall opportunity fora defame against any such claim. Ifit is subsequently determined that any such reduction in any reimbursement due the CITY by the DEPARTMENT was either arbitrary, capricious or fraudulent, then any amount so reduced shall be paid promptly. D. INDEMNIFICATION. The CITY shall indemnify and hold harmless the DEPARTMENT ad its officers, agents and employees from any and aff claims, suits or liabilities of every kind or nature arising out of or from any negligees, intentional, madous or criminal act, error or omission by the CITY or mry ofits consultants or commomm occurring as the result ofasry work undertaken by the CITY Pursuant to this Agreement, This Provision shall survive any termination or expiration of this Agreement as hereinafter Provided under Article V, Paragraph C. Nothing herein shall, our is intended to, waive any defense immunity or limitation of liability which may M available to the CITY or the DEPARTMENT, its or their officers, agents or employees, under the Maim Torr Claims Act pursuant m the provisions of 14 MRSA § 8101 a seq. or any other privileges or immunities as maybe provided by law. E. CONFIDENTIALITY. The parties hereto agreethat wbere applicable, all information pertaining to detailed cost estimates shall be kept cordidential permanent m the provisions of 33 MESA § 63. F. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION. During the performance of may work undertaken pursuant to this Agreement, the CM shall not discriminate against any employee or applicem for employment relating specifically m such work because of race, color, religious creed, sex, national origin, ancestry, age or physicalhandiwp. TheCITY shell take al6mtative ectionb ensure Naz all such employees or applicants ars treated without regard to thew rent color, religion, ass; age or national origin during the period of such work G. INSURANCE. The CITY shall recluse only and all consultants, contractors or subcontractors performing any of the services or work undertaken Pursuant to this Agreement to be insured in accordance with the provisions set forth under Section 103.08 ofthe DEPARTMENT's Standard Specifications. 00-366 PI.VM36.00 Form Fd 9/11M Page 9 f10 Pages H. OW RSH@. All plans, reports, rates, papers or other tangible work produced by or on behalf of the CITY under the terms of Us Agreement shall be the property of the DEPARTMENT and shall be turned over to the DEPARTMENT upon request Pollowingwmpleionortamhutionoftheproject. The CMshallbeallowedaninterest than wmrne wwithintshoeoftheprojectwst. I. SUBSEQUENT DOCUMENTATION. The parries herao agree to execute all docum ants and take all actions necessary or incidental to implement the provisions of this Agrevnrnt J. SUBLB W0,ASSIGNMBNTORTRANSFER The CITY shall ratsublet, sell, Uw a w, assignor otherwise dispose oftWs Agrcement or arty portion thumfor erty sight, We or assured therein without the express written mnseat ofthe DEPARTMENT. No contract, agreement or transfer of this Agreement shall N any uses causes or relieve the CM from soy liability under this Agreement. K. 12q7FIItE AGRBBFEQiT. This Agreement contains the entire agnameart between the parties hereto relative to all aaUers of the project and names party shall be bound by any seucmaM, cortespondence, Western: or representation made previous lessee which is not egnessly comaaed herein. L. TERMINATION The DEPARTMENT mry postpone, suspend, abandon or otherwise laminate this Agreement upon written notice to the CM and in no event shall any such actlonbe deemed a breach ofcontract. In the event that the reason for temdnation is other than for any failure by the CM, the DEPARTMENT $hall give the CITY a written thirty (30) dry notice of lamination. Postponement, suspension, abandonment or lmrdrwtion may be taken for any reason by the DEPARTMENT or specifically as the resu t of says failure by the CITY or any contractor NereuMa to perform any ofthe services required under this Agreement to the satisfaction of the DEPARTMENT. Upon receipt of written notification from the DEPARTMENT that this Agreement is m be postponeQ suspended, abandoned or terminated for any of the foregoing reasons, tk CITY or arty contractor thereunder shall immediately cease all work or services subject to such resignation, except any work required to protect public heshh and safely, and tum over to the DEPARTMENT within thirty (30) days following the effective data of such termination, all project records, documentation and construction materials in place or purchaaedfor the project purauant to this Agreement. Upon receipt of such records, documentation and materials, the DEPARTMENT shall reimburse or arrange a settlement with the CITY in am of the following manner: 1. Rthe postponement, suspension, abandonment or termination is for any reason other than that set forth under subparagraph 2 below, the CM shall be reimbursed for all work or services accomplished up until the data of each to mivation. 2. If me postponement, suspension, abandonment or termination is the result of any Endure by the CITY or any contractor thereunder to correct my unsatisfactory performance after receiving fifteen (15) days written notice from the DEPARTMENT Oo-366 PIAF883600 Forms 9/1/00 Page 10 oflOPages setting forth the basis of such dissatisfaction, the CITY's reimbursement shill be limited to payment for acceprsble work or services accompfished up until the date of such lamentation. V. TERMS OF AGREEMENT A, All of the provisions sM fond mala Articles I and D shall eap've upon sazisfanory completion of the terms sit forth therdn or those (3) years from the date hereof, whichever occurs first unless otherwise terminated sooner or e.Maded later in wrifing as provided under Article I, PuWaph 0.2. B. All of the provisions act forth muter Articles 111 and IV, exospt Article IV, Paragraph D, shall ¢spire upon satisfactory completion of the terms set froth order Article ID, news terminated sooner or Warded later in writing as provided under Article 1, Paragraph 0.2. C. The indemnification prwvura set fond under Article N, Paragraph D shall remain in fall force and effect indefinitely or until specifiodly terminated, modified or amended in writing by the panties hereto or negated by any operation of law. W. APPROVAL This AGREEMENT bas been approved and signed in duplicate by the parties below and becomes effective on the day and daze that above written. STATE OFMAINE DEPARTMENT OF TRANSPORTATIO By., Barren Women T. Fission, Direclw Bureau ofP paDevehgeownr CITY OF BANGOR Prk Wim