HomeMy Public PortalAboutR 98:156 No. 98-156 Date of Adoption ~ 18 1998
AUTHORIZING MAYOR TO EXECUTE THE NJDOT
TRUST FUND APPLICATION
BE IT RESOLVED that if the application for Louis Street and Fillmore Avenue is
approved and accepted by the New Jersey Department of Transportation ("the
Department"), the Sponsor agrees that:
a. It will arrange for financing of the total cost of the project provided for in this
Agreement.
b. it recognizes and aggress that continuation of funding under this Agreement is
expressly dependent upon the availability to the Department of funds appropriated
by the State Legislature from State revenues or such other funding sources as may
be applicable. The Department shall not be held liable for any breach of this
Agreement because of the absence of available appropriation.
c. In the event that the Department approves funds in an amount less than requested,
v the sponsor at its option, 1) may either rescind this Agreement or 2) continue with
the project and assume the entire difference between the total cost of the project
and the allotment of State funds or 3) reevaluate the project limits or scope and
submit a revised Resolution, Application and Agreement for Department approval.
In the event the Sponsor rescinds the Agreement, the allotted funds will revert to
the Transportation Trust Fund.
d. The Sponsor must notify the Department of its recession of the Agreement within
sixty (60) days of its receipt of notification of the amount allotted by the
department.
e. Any purported transfer or assignment of the written obligations of the Sponsor
contained herein without prior approval of the Department shall be void.
f Failure to comply with all provisions contained in this Resolution, Application and
Agreement may result in the suspension and/or termination of funding as defined
and enumerated in Office of Management & Budget's Circular 89-19.
g The work to be performed by the Sponsor under this Agreement shall include, but
not be limited to the following:
1. Preparation of contract drawings and supplementary specifications.
2. The acquisition of all necessary right of way, easements, slope rights and
-- permits.
3. Construction of the above referenced improvement.
4. Monitoring and supervising compliance with all provisions of the
Agreement.
h. It shall defend, indemnify, protect and save harmless the State and its officers,
agents, servants, and employees from and against any and all suits,claims, demands
or damages of whatsoever kind and nature arising out of the work of the project
including but not limited to, expenditures for and costs of investigations, hiring of
expert witnesses, court cost, counsel fees, settlements and judgements.
i. It will engage a Professional Engineer, registered in the State of New Jersey, for
design services on the project. In its agreement for professional services, the
Sponsor shall require the provision of professional liability insurance or errors and
omissions insurance sufficient to protect against liabilities arising out of the
professional obligations performed pursuant to the agreements.
j. In its agreements for professional and non-professional services, the Sponsor shall
require the provisions of public liability insurance and every such policy shall
include the Sponsor and State as additional named insureds.
NO. 98-156
PAGE~ 2
k. All design work shall conform to the applicable American Association of State
Highway and Transportation Officials (AASHTO) design criteria. No
deviation shall be allowed without the knowledge of the Department.
If there is deviation from those standards the Sponsor shall accept any and
all responsibility for any injury or damage by such deviation to any person or
property and shall indemnify the State as outlined in this Agreement. Ail
design shall also conform to the current "Manual on Uniform Traffic Control
Devices" published by the Federal Highway Administration.
It will provide maps, reports, detailed plans, supplementary specification and
contract documents required by the Department.
m. All workmanship and materials shall conform to current "New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction" as
amended for State Aid.
n. It is the responsible authority, without recourse to the State, regarding the
settlement and satisfaction of all contractual and administrative issues arising out
of the procurements entered in support of this funding.
o. Prior to advertising for bids, the Sponsor shall notify the Department if it intends
~ to substantially change the scope of the project proposed in the Resolution,
Application and Agreement. No substantial change shall be included in the project
unless it has been approved.
p. Any changes in work after the award of contract shall be documented with a
Department approved change order.
q. Fifteen (15) calendar days prior to advertisement, the Sponsor shall submit the
following to the Bureau of Local Aid District Office:
1. One (1) copy of the contract plans, specifications, engineer's estimate, and
engineer's design certification.
2.Other documents as required.
r. It will advertise and award the construction contract in accordance with the
provisions of the Local Public Contracts Law, N.J.S.A 40A: 1 I-1 et seq.
s. It will comply with all applicable Federal, State and Local laws, rules and
ordinances and regulations.
t. Within thirty (30) calendar days of construction bids, unless the Department
grants an extension of this time, the Sponsor shall submit the following to the
Bureau of Local Aid District Office.
1. Two (2) copies of the summary of construction bids.
- 2. A resolution awarding the contract to the lowest bidder submitting a
responsive bid, subject to the approval of the D~partment.
u. It will award a construction contract for the project within twelve (12) months of
approval of this Resolution, Application and Agreement by the Department. The
Department in its sole discretion may grant an extension of this twelve (1) month
period after receiving a fully documented request from the Sponsor. The
Department may cancel the funds allotted to the project if the Sponsor does not
award the construction contract within the specified time.
v. Upon prior approval of the Department, it may elect to undertake the work
through the use of its own forces when it is deemed applicable and appropriate.
w. Neither design costs, the costs for acquisition of all necessary right of way,
easements, slope rights and permits nor utility costs shall be considered costs of
the project for purposes of computation of the allotment of State Aid funds under
this Agreement except in special hardship cases as approved by the Department.
'NO. 98-156 PAGE 3
x. State participation in the cost of the project shall not exceed the lesser of either
100 percent of the cost of the completed construction work including eligible
construction supervision, inspection and material testing, or the original allotment.
State participation in inspection and material testing costs shall be limited to ten
(10) percent of the eligible construction work cost. The State shall not participate
in costs that the Department determines to be beyond the scope of the purposes
of the allotment,excessive or otherwise unallowable. The Sponsor will be
afforded an opportunity to challenge this determination at an informal hearing.
y. At the discretion of the Commissioner of Transportation, payment of the allotted
fi~nds may be made to the project Sponsor in the form of a grant. Grant payments
will be made as follows:
1. For Municipal Aid and Discretionary Aid, a specified percentage as
determined by the Commissioner, or the lesser of the eligible award amount
or allotment amount will be paid at the time of concurrence in the award of
contract by the Department. The remaining percentage or balance of funds
will be paid upon submission of final voucher with supporting information as
required by the Department. The final voucher must be submitted to the
Department within six (6) months of project completion
z. The Sponsor hereby certifies that all allotted funds will be spent on eligible costs
for the approved project(s) as described in this Agreement.
aa. Any portion of the allotted funds remaining after corppletion of the work shall be
reallocated by the Department in a manner to be determined solely by the
Commissioner of Transportation.
bb. In the event that the Department determines that it has reimbursed the Sponsor
in an amount in excess of the funds actually due under this timely repayments to
the State. Upon failure of the Sponsor to timely repay such funds, the State is
hereby authorized by this Agreement to deduct those funds from any monies due
the Sponsor under the terms of any agreement between the State, its Departments
and Agencies and the Sponsor or to gain reimbursement through any other
remedies available at law or equity.
cc. It will provide cost certification and Maintain financial records relating to all costs
for the project in accordance with N.J.AC 16:20A or 16:20B, as applicable and
comply with State of New Jersey audit requirements specified therein.
dd It will maintain a complete documentation of the project for the period of three
(3) years after receiving final reimbursement or payment by the State.
ee. It w/Il maintain the completed project in a manner satisfactory to the Department.
BE IT FURTHER RESOLVED that the Borough Council and Clerk are hereby
authorized to execute and attest this Resolution, Application and Agreement.
No. _ 98-1~)~ _ PAGE
FOR THE SPONSOR
ATTEST AND AFFIX SEAL:
Borough Clerk Presiding Officer - Mayor
FOR THE DEPARTMENT OF TRANSPORTATION
APPROVED AS TO FORM:
Attorney General of New Jersey
APPROVED: Date
A~sistant Commissioner,
By External & Governmental Affair
Deputy Attorney General
It is hereby certified that the foregoing allocation of funds and this Agreement were
approved by the Commissioner of Transportation or Designee on
Secretary, Department of Treasury
_ Adopted this 18th day of June, 1998
and certified as a true cx)py of t~
~igir~ ~ .~ 19,1~8.
~icipal Clerk
It, ECOI~II) ()F COUNCIL VOTE
~ COUNCILMAN q;lr~ h~)- ~- XS~. ~OU~CILMAN YES NO NV A.B.
X - Indicaie Vote AB - Absenl HV - Not Voll.g XOR - hulk'ales Vote to Overrule Vetu ~ j
Adopled al a meeting of the Municipal Cou,lcil JUNE 18, 1998
" ~' ' CLERK