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HomeMy Public PortalAboutr 20-121Pootution of Q j90r qh of Ta rftr t, C N, OK No. #20 -121 Date of Adoptio August 6 202 AUTHORIZING THE MAYOR AND /OR APPROPRIATE BOROUGH OFFICIALS TO APPROVE AND EXECUTE A SHARED SERVICES AGREEMENT WITH THE COUNTY OF MIDDLESEX, RE: ROOSEVELT /MIDDLESEX/PULASESINTERSECTION 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 services agreement with Middlesex County with regard to the Roosevelt Avenue, Middlesex Avenue and Pulaski Avenue intersection. Adopted this 6 day of August, 2020 and certified as a true copy of the original on August 7, 2020. CARMELAPOOORZELSKI Acting Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YGS NO NV A.II. - COUNCILMAN YES NO NV A.H. j BELLIED X JOHAL X DIAZ X KRUM X DIMASCIO X NAPLES X X- Indicate Vote AE- Absent NV -Not Voting XOR- Indicates Vote to Overmle Veto Adopted at a meeting of the Municipal Council /'1) Augyat 6 202 j Acting Mu j ipal tiler 1 DmSlgn Envelope ID: 34Da34D7- 6D27416A- 855C- 96BOOE42470B AGR \711 �,+,(,T'ln, (j . ,, THIS AGREEMENT made this � ' day of�"JQIJ 2020 between the County of Middlesex, a municipal corporation of the State of New Jersey having its principal offices at 75 Bayard Street 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 signals at the intersections of (A) Roosevelt Avenue (CR602) & Carteret Avenue; (It) Roosevelt Avenue (CR602) & Middlesex Avenue/Pulaski Avenue; and (C) Industrial Highway & Waterfront Access Road /Carteret Avenue; to facilitate the development of a commuter ferry terminal along the Arthur Kill Waterfront; 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 mutually agree as follows: I. The intersections of (A) Roosevelt Avenue (CR602) & Carteret Avenue; (B) Roosevelt Avenue (CR602) & Middlesex Avenue/Pulaski Avenue; and (C) Industrial Highway & Waterfront Access Road/Carteret Avenue shall be improved. 2. Traffic signalization 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 the project including but not limited to the N.J. Department of Environmental Protection and the N.J. Soil Conservation Service. e. Bear one hundred (100 %) percent of the cost of all design engineering services. L Advertise for receipt of bids and subsequently enter into a contract for construction pursuant to Local Public Contract Law (N- J.S.A. 40A:11 -1 et. seq.). g. Prepare all documentation for the development and submission of as -built plans. It. Bear one hundred (100 %) percent of the cost of all Construction Administration/ Construction Inspection Services. L Bear fifty (50 %) percent of the cost of construction based on the final as -built quantities approved by the Board of Chosen Freeholders for Roosevelt Avenue (CR602) & Carteret Avenue; bear fifty (50 %) percent for Roosevelt Avenue (CR602) & Middlesex Avenue/Pulaski Avenue; and bear zero (0 %) percent for Industrial Highway & Waterfront Access Road/Carteret Avenue. J. Bear zero (0 %) percent of the cost for acquisition of right -of -way and easements and all associated costs. DocuSi9n Envelope ID: 340834D7 .8D27-418A- B55C- 96BOOE42470B AGa \711 k. Bear zero (0 %) percent of the cost of Police Traffle Directors to be provided by the Borough of Carteret Police Departments. 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 respective BOROUGH. 4. The BOROUGH shalt at its own cost and expense furnish, 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 ordinance 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 such time as the Ordinance is adopted. b. Acquire the right -of -way for construction and /or permit/wetlands 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 sholl 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 ail Construction Administration/ Construction Inspection Services. h. 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 for Roosevelt Avenue (CR602) & Carteret Avenue; Bear Bfly (50 %) percent for Roosevelt Avenue (CR602) & Middlesex Aven s0"aski Avenue; and Bear one - bundred (100 %) percent for Industrial Highway & Waterfront Access Road/Carteret Avenue. L 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 the right -of -way acquisition and easement costs. The COUNTY will install topsoil and grass seed or asphalt within the proposed right -of -way and easements. Dmuftn Envelope ID: 34D834D7- 8D27 -010A- B55C- 98BOOE42470B AM711 j. Bear one hundred (100 0/6) 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 farther 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 will be presented the final joint comments at a meeting with the COUNTY and BOROUGH for the Consultant's review and response. G 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 modifiestious. d. The BOROUGH shall have the opportunity to attend all progress meetings the COUNTY has on the project. C. The BOROUGH shall indicate acceptance and approval of the final construction plans and specifications by resolution within saty (60) days of receipt of the final construction plans and specifications. The BOROUGH most provide their resolution of acceptance and approval prior to the COUNTY advertising for receipt of bids. f. 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 be calculated based on the final construction cost approved by the Board of Chosen Freeholders. h. The BOROUGH may choose to coordinate and pay the item Ponce 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 Department 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 Sg. The BOROUGH's decision how to pay for the item Ponce Traffic Directors shall be determined when the BOROUGH approves the final plans and DocuSign Envelope ID; 34DB34D7- BD27 -076A- B55C- 96BOOE42470B AGR \711 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 aid (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 (eagineering and/or construction) resulting from imposition of any conditions for the party to receive the financial aid. t. The parties hereto will comply with all applicable rules, regulations, statutes and ordinances of the 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. a. The obligations of the COUNTY contained herein shall be subject to the availabuity of the appropriation annually of sufficient funds as may be necessary to meet said obligations pursuant to N.J.S.A. 40A:4 -57. Y. 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. 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 aline 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 or 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. Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective elected officials, successors and assigns. 5 Docuftn Envelope ID: 34D834D7- 8D27 -016A- B55C- 96BOOE424708 AGR \711 e. Further 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 instruments as may reasonably be required for correcting any inadequate or incorrect description of the Project or to correct any inconsistent or ambiguous term hereof. f. Indemnification. (i) 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 suits 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 or omissions of the BOROUGH under this Agreement, (9) 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. The parties agree to diligently work together, coordinate the schedules for the scope of work described herein and cooperate in good faith for the successful completion of the work described in this Agreement. h. Headings. The Article and Section headings in this Agreement are included herein for convenience of reference only and snout intended to define or limit the scope of any provisions of this Agreement I. Non - Waiver. It is understood and agreed that nothing which is contained in this Agreement shall be construed as a waiver on the part 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. IL 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 personalty, 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 forth 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 DocuSign Envelope ID: 34D034D7 AD27416A- B55C- 06BOOE42470B AGR \711 Carteret, NJ 0700 8-3046 1. Entire Agreement This Agreement sets forth all the promises, covenants, agreements, conditions and undertakings between the parties hereto with respect to the subject matter 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: CDocuSigntd by: Qa11� Pt.�yau.U1 Amy R. PetroceIN, Clerk Board of Chosen Freeholders AFFIXED• Carmela� le tc - Borough of Carteret, 7 ooc0s dnr ,19 K" Ronald G. Rtos, Director Board of Chosen Freeholders Daniel J.Relman; yon, Borough of Carteret Approved as to form and legality OttuSlynedby 6jw t 9AImB_ 00 Ni k7 t anaAdsopoulos First Deputy county counsel