HomeMy Public PortalAboutr 20-120�Rezo1uf vu of e jg rjau� ! of (gartnd, N' OL
No. #20 -120
Date of Adoptio August 6 20 20
AUTHORIZING THE MAYOR AND /OR APPROPRIATE BOROUGH
OFFICIALS TO APPROVE AND EXECUTE A SHARED SERVICES
AGREEMENT WITH THE COUNTY OF MIDDLESEX, RE:
WASHINGTON /CYPRESS/LOUIS INTERSECTION
BE IT RESOLVED, by the Mayor and Council of the Borough of Carteret that the
Mayor and /or the appropriate Borough Officials are hereby authorized to approve and
execute a shared set agreement with Middlesex County with regard to the
Washington Avenue, Cypress Street and Louis Street intersection.
Adopted this 6th day of August, 2020
and certified as a true copy of the
original on August 7, 2020.
CARMELA POGORZBLSKI
Acting Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN
BELLINO
NV
A.➢,
COUNCILMAN
JOHAL
DIAZ
IYESNO
KRUM
DIKASCIO
NAPLES
X - Indicate Vote
AD - Absent NV -Not Voting XOR- Indicates Votelooverrule Vetq
Adopted at a meeting of the Municipal Council
1
An usf.� 6, 2020
Acting Municipsa Clerk "'''
DocuSign Envelope ID: 61AB7A9E- E298- 4E40- 887F- 22C292FE9EB6
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1
THIS AGREEMENT made this ' j day of �?Lr . , X020 between the County of
Middlesex, a municipal corporation of the State of New Jersey having its principal offices at 75 Bayard
Sheet in the City of New Brunswick, hereinafter called "COUNTY ", the Borough of Carteret, a
municipal corporation in the County of Middlesex, State of New Jersey, having its principal offices at
61 Cooke Avenue, Carteret, New Jersey hereinafter called "BOROUGH ".
WHEREAS, the COUNTY and BOROUGH recognize the desirability of providing for the
modification of the traffic control signal at the intersection of Washington Avenue and Cypress
Street/Louis Street; and
WHEREAS, the above - mentioned parties in discharge of their public duties are desirous of
jointly providing for the Improvements; and
NOW, THEREFORE, in consideration of the mutual and joint obligations set forth herein and
other valuable considerations, the COUNTY and BOROUGH do hereby annually agree as follows:
1. The intersection of Washington Avenue and Cypress Street/Louis Sheet shall be improved.
2. Traffic signallzation shall be designed in accordance with the current MUTCD at the time of
Authorization to bid by the County.
3. In order to implement the improvements, the COUNTY agrees to furnish, supply and/or
undertake the following at its own cost and expense:
a. Perform all necessary land surveying, engineering design and work related thereto in
order to develop construction plans, specifications and engineer's cost estimate for the
proposed improvements.
b. Prepare all necessary documents (general property maps, individual property maps,
metes and bounds descriptions) pertaining to land acquisitions, right -of -way and/or
easements.
C. Prepare all necessary utility relocation agreements,
d. Prepare and submit all documentation for obtaining all necessary clearances, permits
and approvals from all agencies involved with file project including but not limited to
the N.J. Department of Environmental Protection and the N.J. Soil Conservation
Service.
e, Beer one hundred (100 %) percent of the cost of all design engineering services.
I. Advertise for receipt of bids and subsequently enter into a contract for construction
pursuant to Local Public Contract Law (NAS.A. 40A:11 -1 et. seq.).
g. Prepare all documentation for the development and submission of as -built plans.
h. Bear one hundred (100 %) percent of the cost of all Construction Administrotimn/
Construction Inspection Services.
I. Bear fifty (50 %) percent of the cost of construction based on the fount as -built
quantities approved by the Board of Chosen Freeholder.
j. Bear zero (0 %) percent of the cost for acquisition of right -of -way and easements and all
associated costs.
k. Bear zero (0 %) percent of the cost of Police Traffic Directors to be provided by the
Borough of Carteret Police Departments, Any changes to tine project singing required
unilaterally by the Police that changes the approved maintenance of traffic plans and
increases costs to the contractor such that a claim for Extra payment is submitted shall
be one hundred (100 %) percent the responsibility of the respective BOROUGH.
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DocuSign Envelope ID: 61AB7A9E- E298- 4E4D- 887F- 22C292FE9EB6
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4. The BOROUGH shall at its own cost and expense famish, supply and /or undertake the
following:
a. Adopt any and all ordinances or resolutions required to accomplish the construction
and those as required by law, including a traffic signal ordinance in accordance with
State Statutes within 60 days of receipt of the requests by the County. The traffic
signal oilinance request will reference the engineer's certification, as -built traffic
signal control plan and signal timing which will be provided by the COUNTY. If the
BOROUGH fails to adopt the traffic signal ordinance within the 60 -day period stated,
then the BOROUGH shall accept the responsibility of the signal maintenance until Stich
time as the Ordinance is adopted.
b. Acquire the right -of -way for construction and /or petit /wetiands mitigation property
by either acquisition or condemnation within one (1) year of receipt of the final right -
of -way documents.
C. Certify to the COUNTY, prior to the COUNTY advertising for construction bids, that
the COUNTY has the right -of -way in order to commence construction.
d. The BOROUGH shall bear zero (0 %) percent of the design engineering services
approved by the Board of Chosen Freeholders.
e. The BOROUGH shall bear one hundred (100 %) percent of the cost for acquisition of
right -of -way and easements and all associated costs for all parcels located within
Borough of Carteret.
f. Conduct the necessary public hearings for adoption and filing of the property
acquisition maps, if necessary.
g. The BOROUGH shall bear zero (0 %) percent of the cost of all Construction
Administration/ Construction Inspection Services.
b. The BOROUGH shall bear fifty (50 %) percent of the final cost of construction based
on the final as -built quantities approved by the Board of Chosen Freeholders.
1. The BOROUGH shall be responsible for restoration, modification, alteration, or
relocation of any appurtenances located within the proposed right -of -way and
easements, including but not limited to landscaping, trees, planters, walls, signs,
building structures, underground storage tanks, parking lots, etc„ which shall be
included in tine right -of -way acquisition and casement costs. The COUNTY will install
topsoil and grass seed or asphalt within the proposed right -of -way and easements.
J. Bear one hundred (100 %) percent of the cost of Police Traffic Directors to be provided
by the Borough of Carteret Police Department for work within Carteret Any changes
to the project staging required unilaterally by the Police that changes the approved
maintenance of traffic plans and increases costs to the contractor such that a claim for
Extra payment is submitted shall be one hundred (100 %) percent the responsibility of
the BOROUGH.
5. The COUNTY and BOROUGH father mutually agree that:
a. BOROUGH shall review and comment on plans and specifications when requested by
the COUNTY during the various phases of the project.
b. Upon receipt of BOROUGH'S comments, the COUNTY will review the BOROUGH'S
comments for conflicts with COUNTY comments. If necessary, a meeting will be held
between the COUNTY and BOROUGH to resolve all conflicts. The Consultant wilt be
presented the final joint comments at a meeting with the COUNTY and BOROUGH
DocuSlgn Envelope ID; 61AB7ASE- E298- 4E40- 887F- 22C292FE9EB6
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for the Consultant's review and response.
C. If any changes or modifications to the Consultant's submissions are required by the
COUNTY or BOROUGH during the review process which represent a change in
previously submitted, and approved material, the party requesting the change or
modification shall be responsible for one hundred (100 %) percent of any authorized
additional work and any costs associated with same, as required by the Consultant to
revise the plans in order to incorporate the requested modifications.
d. The BOROUGH shall have the opportunity to attend all progress meetings the
COUNTY has on the project.
e. The BOROUGH shall indicate acceptance and approval of the final construction plans
and specifications by resolution within sixty (60) days of receipt of the final
construction plans and specifications. The BOROUGH must provide their resolution of
acceptance and approval prior to the COUNTY advertising for receipt of bids.
L Compensation of COUNTY Employees and BOROUGH Employees shall be borne by
the respective corporate bodies and shall not form a part of any cost for the project,
g. The BOROUGH shall provide their share of construction costs as identified in
paragraphs 4h, 4j and 5h if applicable to the COUNTY prior to the County's
advertising for receipt of bids. The BOROUGH share shall be based on the final
Engineer's Estimate. A determination of monies to be paid by or owed to the
BOROUGH shall he calculated based on the front construction cost approved by tine
Board of Chosen Freeholders.
h. Tire BOROUGH may choose to coordinate and pay the item Police Traffic Director
directly to the Borough of Carteret Police Department. The BOROUGH shall adopt a
Resolution indicating the BOROUGH's provision of providing payment directly to the
Borough of Carteret Police Deportment for the item Police Traffic Directors, prior to
the advertisement of bidding. The COUNTY will include the BOROUGH's adopted
resolution in the bid documents. The BOROUGH may choose to pay the item Police
Traffic Directors as a project bid item and provide the funding to the County as per
paragraph 5g. The BOROUGH's decision how to pay for the item Police Traffic
Directors shall be determined when the BOROUGH approves the final plans and
specifications as per paragraph 5e.
I. The BOROUGH shall assume all responsibility to cause for and compel the
maintenance of all sidewalks in accordance with its municipal ordinances upon
completion of construction and the COUNTY shall have no responsibility with regal
to same.
J. The BOROUGH shall be responsible for the ownership, operation end maintenance of the
emergency vehicle preemption system If requested by the BOROUGH at the intersection after
installation and acceptance by the Board of Chosen Freeholders.
IL In case of malfunction of the emergency pre - emption equipment, whichever party, the
BOROUGH or the COUNTY that first arrives at the intersection shall disconnect the
emergency pre - emption equipment, so it will not interfere with the normal operation of tine
traffic signal control.
I. L, the event the traffic conditions require that the mode of operation of the existing traffic
signal be revised, the BOROUGH will be responsible for such modification of the pre - emption
equipment as may be required to operate and provide the proper emergency sequence as
determined by the COUNTY at the said location,
DowSlgn Envelope ID: 61AB7A9E- E298- 4E40- 887F- 22G292FE9EB6
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an. The BOROUGH shall pay all costs for the future relocation on removal and
reinstallation of any portion of the emergency pre- emption system for whatever reason,
and the COUNTY shalt have no responsibility with regard to same.
n. The COUNTY shall be responsible for maintenance of the traffic signal at the
Intersection of Washington Avenue and Cypress Street /Louis Street after Installation,
receipt of the BOROUGH'S traffic signal ordinances as per Paragraph 4.0., and final
approval and acceptance of the project by the Board of Chosen Freeholders.
o. If the BOROUGH for whatever reasons withdraws its concurrence for the project, fails
to approve the plaits and specifications for construction, fails to fund their BOROUGH
obligations, or fails to acquire the properly necessary for construction as per paragraph
4.b. thereby preventing construction, the BOROUGH shall be responsible for all
Engineers costs incurred by the County. The COUNTY and BOROUGH agree that
BOROUGH shall be responsible for any increase in design engineering services due to
changes in standards and /or expiration of permits should BOROUGH not acquire the
necessary right -of -way as per paragraph 4.b.
p, If the COUNTY, due to its unilateral action, does not advance tile project to
construction, the COUNTY shall be responsible for all land acquisition costs
incurred by the BOROUGH.
q. The rights and obligations assumed under this agreement shall in no event prohibit,
restrict, limit or effect the Middlesex County Planning Board or the Borough of
Carteret Planning Boards front imposing on any developer or applicant for subdivision
or site plan approvals, any obligations m• requirements permitted or authorized under
N.J.S.A. 40:27 -1 et seq. or any other law.
r, The parties hereto agree that any proposed changes or modifications to the completed
and approved traffic signal shall be approved in writing by the COUNTY.
S. It is expressly agreed that the obligations assumed by the parties hereto shall in no way
prohibit any of the parties from applying for or obtaining financial old (outside
funding) from any source. If a party receives financial aid, the receiving party will be
responsible for one - hundred (100 %) percent of any cost increases (engineering and/or
construction) resulting from Imposition of any conditions for tine party to receive the
financial aid.
I. The parties hereto will comply with all applicable rules, regulations, statutes and
ordinances of tine State of New Jersey, County of Middlesex and Borough of Carteret,
and agree that the bidding and award of the construction contract will follow the public
contract laws of the State of New Jersey.
n. The obligations of the COUNTY contained herein shall he subject to the availability of
the appropriation annually of sufficient funds as may be necessary to meet said
obligations pursuant to N.J.S.A, 40AA -57.
V. The obligations of the BOROUGH contained herein shall be subject to the availability
of the appropriation annually of sufficient funds as may be necessary to meet its
obligations.
Docuftn Envelope] D: 61AB7A9E- E298- 4E40- 887F- 22C292FE9EB6
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w. The cost of relocation of existing utilities or providing for future utilities shall be the
responsibility of the utility owner, whether utility company, authority or municipality.
X. The Bid Specifications will provide a statement in regard to traffic control
and whether police traffic directors are required for the project, per N.J.S.A,
40A:11 -23.1, and a line item will be listed on the bid items indicating that
the BOROUGH will furnish payment directly to their respective Police Departments if
applicable.
5. General Contract Conditions:
a. This Agreement shall take effect upon the adoption of an approving
resolution by the BOROUGH and approving resolution by the County. Upon proper
execution and attestation of this agreement, the proper officials of each of the parties
are hereby authorized and
directed to make and perform any and all acts necessary to carry out the purposes of
this agreement.
b. Amendments, This Agreement may not be amended n• modified for any
reason without the express prior written consent of the parties hereto.
C. Severability. In the event that any provision of this Agreement is held to be
invalid or unenforceable by any court of competent jurisdiction, such holding will
not invalidate or render unenforceable any other provision hereof.
d. Successes and Assigns. This Agreement shall !;lure to the benefit of and
shall be binding upon the parties and their respective elected officials,
successes and assigns.
e, norther Assurances and Corrective Instruments. Each party shall execute,
acknowledge and deliver, or cause to be executed, acknowledged and delivered, such
supplements hereto and such other instrunents as may reasonably be required for
correcting any inadequate m• incorrect description of the Project or to correct any
inconsistent or ambiguous term hereof.
L Indemnification. (t) BOROUGH, as co- sponsor to the Project, agree to defend,
Indemnify and hold the COUNTY harmless, including its officers, employees, agents
and vendors from any losses, claims, damages and salts for damages for property or
Injury caused or resulting from the services to be rendered by the BOROUGH,
including reasonable counsel fees and costs, arising from the acts o• omissions of the
BOROUGH under this Agreement. (it) The COUNTY agrees to defend, Indemnify
and hold the BOROUGH harmless, including its officers, employees, agents and
vendors from any losses, claims, damages and suits for damages for property or injury
caused or resulting from the services to be rendered by the COUNTY, including
reasonable counsel fees and costs, arising from the acts or omissions of the COUNTY
under this Agreement.
g. Cooperation of the Parties. Tile parties agree to diligently work together,
coordinate the schedules for the scope of work described herein and cooperate in good
fund for the successful completion of the work described in this Agreement,
It. Headings. The Article and Section headings in this Agreement are included herein for
convenience of reference only and are not intended to define or limit the scope of any
provisions of this Agreement.
DocuSlgn Envelope ID: 61AB7A9E- E298- 4E40-887F- 22C292FE9EB6
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k. Non - Waiver. It is understood and agreed that nothing which is contained in this
Agreement shall be construed as a waiver on the pail of the parties, or any of them, of
any right which is not explicitly waived in this Agreement.
J. Governing Law. The terms of this Agreement shall be governed by and
construed, interpreted and enforced in accordance with the laws of the State of New
Jersey.
k. Notice. For all issues related to this Agreement, notice or other communications
required or permitted to be hereunder shall be in writing, and shall be delivered
personally, by telecopy (with hard copy and transmission confirmation sent by a
recognized overnight national courier service for next business day delivery), by
certified mail, return receipt requested, first class postage prepaid by the Parties, or
electronic transmission at the addresses set froth below (or to such other addresses as
the Parties may specify by due notice to the other):
As to the County:
Administrator & County Counsel
Administration Building
75 Bayard Street
New Brunswick, NJ 08901
As to the Borough of Carteret:
Administrator & Borough Attorney
61 Cooke Avenue
Carteret, NJ 07008 -3046
1, Entire Agreement. This Agreement sets froth all the promises, covenants, agreements,
conditions and undertakings between the parties hereto with respect to the subject
mater hereof, and supersedes all prior or contemporaneous agreements and
undertakings, inducements, or conditions, express or implied, oral or written between
the parties hereto.
IN WITNESS THEREOF, the COUNTY and BOROUGH shall cause this agreement to be
executed by their proper corporate officials and their proper corporate seals affixed this day and year
above written.
AFFIXED:
Co<u9lened by:
Q1nl
A iu y�o lec li, Clerk
Board of Chosen Freeholders
t �- O�o�cu�ft
Rona os, Director
Board of Chosen Freeholders
Carmelo Pogmw�NhI
Borough of Carteret
Darrell I Fl man, Mayor
Rol' of Carteret
Approved as to form and legality
6 -- oe<�s�e�•e br.
N 10 03 A' iMiWopoulos 4
First Deputy county counsel