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HomeMy Public PortalAboutResolution 01:191..01-191 Dat¢of^doption ,June 21 2001 AUTHORIZING MAYOR TO EXECUTE THE NJDOT TRUST FUND APPLICATION FOR TERMINAL AVENUE AREA ROAD IMPROVEMENTS BE IT FURTHER RESOLVED, that if this application is approved and accepted by the New Jersey Department of Transportation ("the Department"), the Sponsor agrees that: It shall arrange for financing of the total cost of the project for in this Agreement. !t recognizes and agrees that continuation of funding under this Agreement ~s 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. In the event that the Department approves funds in an amount less than requested, 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 shall revert to the source of the funding. The Sponsor must notify the Department of its recision of this Agreement within sixty (60) days of its receipt of notification of the amount allotted by the Department. Any purported transfer or assignment of the written obligations of the Sponsor contained herein without prior approval of the Department shall be void. 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. 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 improvements. 4. Monitoring and supervising compliance with all provisions of this Agreement. It shall defend, indemnify, protect and save harmless the State and its officers, agents, servants, and employees from and against any and all No. 01-191 PAGE_ 2 suits, claims, demands or damages of whatsoever kind and nature arising out of, or claimed to arise out of, any act, error or omission of the Sponsor, its consultants, contractors, agents, servants and employees in the performance of the work of the project including, but not limited to, expenditures for and costs of investigations, hiring of expert witnesses, court cost, counseI fees, settlements, and judgements. i. It shall 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. k. All design work shall conform to the applicable American Association of State Highway and Transportation Officials (AASHTO) design criteria and the Department's Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines. The design of traffic barriers and drainage systems shall conform to the epartment s Roadway Design D ' Manual. 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. All design shall also conform to the current "Manual On Uniform Traffic ControI Devices" published by Federal Highway Administration. 1. It shall provide maps, reports, detailed plans, supplementary specification and contract documents required by the Department. m. Ail 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 procurement 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 by the Department. 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 Division of Local Government Services and Economic Development: NO 01-191 PAGE 3 1. One (1) copy of the contract plans, specifications, engineer's estimate, and engineer's design certification. 2. Other documents as required. It shall advertise and award the contract in accordance with the provisions of the Local Public Contracts Law, N.J.S.A. 40 A: 11-1 et. seq. It shall comply with all applicable Federal, State and Local laws, rules, ordinances and regulations. 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 Division of Local Government Services and Economic Development. 1. Two (2) copies of the summary of construction bids. 2. A resolution awarding the contract to the lowest responsible bidder submitting a responsive bid, subject to the approval of the Department. It shall award a construction 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 (12) month period after receiving an adopted resolution containing the request from the Sponsor. The Department may cancel the funds ;tllotted to the project if the Sponsor does not award the construction contract within the specified time. 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. 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 under this Agreement except in special cases approved by the Department. 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 combined shall be limited to 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 shall be afforded an opportunity to challenge this determination at an informal hearing. At the discretion of the Commissioner of Transportation, payment of the allotted funds may be made to the project Sponsor in the form of a grant. Grant payments shall be made as follows: 1. For Municipal Aid, Centers of Place, Bikeways, Pedestrian Safety and Discretionary Aid, a specified percentage as determined by the Commissioner, of the lesser of the No. 01-191 PAGE eligible award amount or allotment amount shall be paid at the time of concurrence in the award of contract by the Department. The remaining percentage or balance of funds shall be paid upon submission of a 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. 2. For County Aid and the Local Bridge Bond Act, the full amount of the annual allotment amount shall be paid upon approval of the Capital Transportation Plan (CTP) and the execution of this Agreement. 3. If the Sponsor requests, project funding can be on a reimbursement basis. It shall request reimbursement from the Department by submitting vouchers supplied by the Department. Progress payments of not less than $50,000 may be made. The final voucher, with supporting information as required by the Department, is to be submitted within six (6) months of project completion. z. The Sponsor hereby certifies that all allotted funds shall only be spent on eligible costs for the approved project(s) as described in this Agreement. aa. In the. event allotted funds remain after completion of the work, the remaining funds shall revert to the source of the funding and shall be reallotted by the Department in a manner 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 Agreement, the Sponsor shall, upon notice from the Department, make 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 Department and Agencies and the Sponsor or to gain reimbursement through any other remedies available at law or equity. cc. It shall provide cost certification and maintain financial records relating to all costs for the project in accordance with N.J.A.C. 16:20A or 16:20B, as applicable, and comply with State of New Jersey audit requirements specified therein. dd. It shall maintain complete documentation of the project for a period of three (3) years after receiving final reimbursement or payment by the State. ee. It shall maintain the completed project in a manner satisfactory to the Department. ff. It will comply with Title VI of the 1964 Civil Rights Act. BE IT FURTHER RESOLVED, that the Mayor and Clerk are hereby authorized to execute and attest this Resolution, Application and Agreement. NO 01-191 PAGE 5 FOR THE SPONSOR ATTEST AND AFFIX SEAL: Borough Clerk Presiding Office-Mayor FOR THE DEPARTMENT OF TRANSPORTATION APPROVED AS TO FORM: Attorney General of New Jersey By APPROVED: Deputy Attorney General .Date: Assistant Commissioner, External & Governmental Affair 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 21st day of June, 2001 and certified as a true copy of the original on June 22, 2001. KATHLEEN M. BARNEY, RMC/CMC Municipal Clerk COUNCILMAN FAZEKAS _ QOINONES REIMAN X - Indicme Vote RECORD OF COUNCIL VOTE vl ]_ N~o/V/A,~ ]/ COUNCILMAN RIOS SANTORO SOHAYDA AB - Absenl NV Not Voting XOR - Indicates Vote ti) Overrule Veto Adopted at a meeting of the Municipal Council JUNE 21, 2001