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
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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:
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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
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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.
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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