HomeMy WebLinkAbout1998-02-09 98-103 ORDERCOUNCIL ACTION
Date: February 09, 1998 Item No.: 0-103 _
Ileal/SUbjeser Authorixingaty Manager to BxauMAeviW Munkiinlotate Agreement Won MDOT-Brwdway
Widening Project - P.I.N. NR-STP-03MC)X-493100
Responsible Department Engineering
Commentary:
On 121/98 MDOT received bids for the Broadway Widening Project Only two bids were
received,and each contained errors or omissions. MDOT has iMicmed that ds project will need
W be readvmtised. Attached is a copy of a letter from the City Engineer to MOOT outlining
concems relative to readvertisensad of the project. A revised Municipal/Stam Agreement has
been prepared by MDOT to cap the City's Local Share obligation, in the event that rebidding
results in higher project costs. The attached Order authorizes execution of the revised
Agreement. Readvertisement should not delay the conshuction schedule.
D
ponmem Head
Mmageis Comments: (� /)
Ciry
Associated Infotmstion:
Budget Approval:
Legal Approval:
VI,tY/J�4
CltySo(k0w
Introduced For:
Passage
❑ First Reading
❑ Referral Page of
98-103
Amxipedtofmmeilor Aohaan February 9, 1998
CITY OF BANGOR
Aothoraiag City Manager w Execute Revised MuaicipaV6tate Agreement
(TITLE.) (Ortbere . with MOT Broadway WideningPrdecr Pd.N. NRSTPUw41>X ...-.
....-49sz.00 - -_--
BY the City Caunelt ofthe Oily of Beaune.
ORDERED,
TMT
The City Manager is hereby authorized and directed to execute a Tevised
Municipal/Stale Agreement for the Broadway Widening Project - P.I.N. NH-STP-
WBP(41)X-0932.00.
A copy of the Agreement is attached.
IN CITY COUNCIL
Febvuary 9, 1998
Passed
98-103
ORDER
Title, Authorizing City Manager to
Execute Revised Municipal/State
Agreement with MOT - Broadway Widening
Yro3'eeE'= Y.Y.N.' IM-5W-10Y8e"(41)"x-4932.00
................................ .....
A..;gnad to
..1...........
Councilman
MUNICIPAL/STATE
AGREEMENT
BEIWEENTrID
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF BANGOR
REGARDWG
PROPOSED RECONSTRUCTION& IMPROVEMENTS TO
BROADWAY/ROUTE 15
DNDESL
PROJECT IDENTIFICATION NUMBER 4932.00
FEDERAL AID PROJECT NO. NH -STP -038P(41)
This AGREEMENT is entered into on this day of , 1998 by and between the
STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter DEPARTMENT)
and the CITY OF RANCOR a body corporate and politic located in the County of Penobscot
(hereafter CErY) regarding a project to reromlmtt and when a portion of Broadway, also (mown
as Route 15, in Seri beginning just southerly ofits intersection with I-95 northbound o&Tarnp and
extending northerly for a distance ofabout 1.160 kilometers eni ingjust northerly ofits intervention
with Hutton Avenue, so-called, consisting of widening to five (5) Imes by adding a continuous center
left -Nm lune, replacing four (4) existing traffic signals and installing two (2) new traffic signals
thereon (hereafter project) as follows
A The DEPARTMENT shalt procure and admiNRer a contract to construct the project in
accordance with the plare and specifications developed by the DEPARTMENT, to which
reference is hereby mWe for amore particular description thereof.
B. The DEPARTMENT shall provide all funding nacesaary for the project and shall be responsible
for all costa thereof accept for local cost sharing as Mere'uatler provided under Paragraphs C and
D below.
C. The CM shall pay to the DEPARTMENT upon receipt of an invoice immediately following the
award of contract to construct the pmject, a local alone towards the can of the project as a
Imp sum paystarst based upon one-heEofthe rio s Federal share ofthe firat One Hundred
Thoueand (8100,000) Dollen in project costs and fifteen (15%) percent of that portion of the
total estimated cost of the project in excess of One Hundred Thousand (8100,000) Dollars, after
deducting Eighty Thousand (sao 000) in preliminary engineering costs, as estimated at the fine of
comet awed gir the am ofTwo Hundred Eighty -Four Thousand One Hundred Ninety -Seven
(8284,197) Dollars as estimated prior to the Inst adverosanem forbids, whichever is I=.
D. The CITY, at its election, nay rc9acst that chargee be made or work added to the project during
the period of construction which benefits the CITY, provided the C agree in writing to pay
any additional cont therefor based upon the cart of construction plus an amount not to excel ten
(10Y.) percent ofsuclt construction cost to cover ell necessary engineering, inspection and
PGCE 03
98-103
PM 4932.00
Form FA. 213/98
Page 2 of 4 Pages
administrative costs associated therewith, undess specified otherwise. All such requests shall be
subject to approval by the DEPARTMENT. in the event that such changes or work are
approved for Federal participation in the cost thereof, such additional cost may be reduced to the
non -Federal share of such con.
E. The CITY shell allow the connector for the project to control oil traffic through the work areas
on the project as necessary to permit the concoction thereof in the mariner specified in the
DEPARTMENT's traffic control plan.
F. The CFTY shall alter, move, relocate or remove any municipal prop"Jty, including any fissures,
facilities m monuments located on, under or above the ground, which might become necessary to
permit construction ofthe project, which has not otherwise been provided for during the
development of the project, without any cart ro the project whatsoever. Any work necessary, to
do so during the period of construction shall be coordinated with the connector for the project.
G. The CM shag be responsible for the removal, relocation, replacement, alteration or repair of
any private underground utility installation or service connection act shown or located on the
plans for the project which might become necessary to pvmit construction of the project and shall
save the DEPARTMENT harmless from my claims for damages occurring as a result thereof
H. The CITY shall prohibit the opening of the highway within the limits of the project for a period of
at least five years after completion of the project, except for any emergency. and shall make all
necessary notifications to abettors and ocwpmis of the highway, as required under the provisions
of23 MR.S.A. Section 3351. Thereafter, all futureopadngs and excavations within the
right -of way of the project get bas regulated and controlled in the answer specified by the
DEPARTMENT in its "Rule, Regulations and PohesaJorHighway Opvmngs", m which
reference is hereby made.
i The CFfY shall maintain all improvements and fixtures constructed, installed or famished as a
pan of the project in such a summer as is necessary to preserve the use and fmstion thereofu
intended "a project, including ail pavement markings, overhead lane usage signs and traffic
cono-ol tiger. The CfTY ahallbernponable for thcopeutionmd maimeiance ofall ofthe
traffic signals installed or replaced under the project, including all costs associated therewith,
upon satisfactory completion of such installation or replacement and acceptance thereof by the
DEPARTMENT, except as hereinafter provided under subparagraph 3 below, as follows:
1. The CTfY shall operate and maintain the traffic signals and all equipment appurtenant thereto
to function as designed and installed by the DEPARTMENT, unless approved otherwise as
hereinafter provided, ores necessary as follows:
a. All malfunctions and deficiencies in the traffic signals or any equipment appurtenant
thereto shall be repaucd or corrected expeditiously.
b. The viability ofthe tral6e signals shall be preserved and maintained at all times by
removing any visual impairments thereto.
04
98-103
PIN 4931.00
Form Ed, MAS
Page 3 of 4 Pages
C. No change in operation or modification to the traffic signals or any equipment appurnmond
thereto shall be made without the express written approval of the DEPARTMENT.
d. The DEPARTMENT shag be notified in writing prior to the removal or replacmnent of
any traffic sianal or equipment appurtenem thertto. Upon removal, such traffic signal or
equipment an removed shall be removed to the DEPARTMENT without any tort to the
DEPARTMENT, unless agreed otherwise inventing.
2. The CITY shall be responsible for all necessary electrical service thereto and shall provide my
necessary hotel permits appurtenant thereto and execute any necessary documentation
required by the provides ofmch service to establish such service.
3. The DEPARTMENT shall retain all ownership of the traffic signals and all equipment
apmuterwu thereto and shell he responsible for arty repair or replacement necessary to correct
any malfmction or defect therein during the warranty period, unless agreed otherwise by the
parties hamar.
1. The DEPARTMENT shall give as the CITY m no cost whatsoever, for salvage only as
heremafler provided, all of the existing traffic signals and related equipment removed under the
project, provided the CM limit its use thereof to salvage for serviceable parts only and not
reinstall my of the traffic signals or related equipment, eco removed, u whale operating units.
K. The =shall keep the nght of way of the project inviolate from all encroechmmw and shall
remove, or cause to be removed, my private iMallation, advertising sign, device or fiMure which
may encroach thereon.
L. The CITY shag regulate all entrances to the highway within the limits of the project in
accordance with the provisions of 23 MRSA Session 704.
M. The MY shall profubit all on -sunt parY'ng within the entire fimits of the project.
PIN 4932.0 96-103
PoanEd. 1/3198
Page 4 of 4 Pages
IN (FITNESS WHEREOF, the panes hereto have ex xxned dis AGREE w in duplicate
effwdve on the day and date firrt above maiden.
turret
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
Ey:
IoM G. Melrose
commissioner
CITY OF BANGOR
Edward A Herten
City Mamgm
MLOW 2"T
CITY OF ��
/���,(I(„MAINE 7130r IT"
OA 8 MAIM
ENGINEERING DEPARTMENT Tet. mrnee+ew
James D. SUN, P.E., City Enaimer/Dirmm of Public Srvicn
Jahn E. Hodgkins, P.E. Director
Bureau of Project Development
Store of Maine Department of Transportation
Sudan House Station 916
AugwU,Maine04330
11A FA 287-057
RE: Broadway Widening Project
Dear John:
I em writing as follow up to our meeting on Friday and discussion of the two bids
received on 121AS for the Broadway Widening Project in the approximate amounts of
$357,000 end $1,600,000.
It is my understanding that the higher bid must automatically be jetted because no
Disadvantaged Business Enterprise Information was included. It is also my understanding it is
likely that MDOT will also reject the low bid because of inconsidercies regarding low
individual bid items. The low bid was submitted by a reputable contractor and the amount was
very close to MDOTs cw9ruction estimate. The dollar amount of the bid items in question
punts to about 1% of the total bid. If at all possible, 1 would encourage waiving the
informalities of the low bid.
As you know, the City is very concerned about the Completion schedule and the cost of
this project. If MDOT decides it is necessary to readvertisq I strongly encourege as brief a
readvertiscment period as possible. There were quite a few planholders for the original
advertisement. so many eontmctors are already familiar with the scope of Ne project The
required contract completion time needs to be maintained so Nat construction gets done this
year. With respect to cost, it is unlikely Nat rebidding will result in lower prices then Ne current
low bid. As we discussed, The City needs MDOTs assurance Naz R will not be required to
contribute a greater local share if rebidding results in higher prices. I assume that a revised
MunicipailSmte Agreement will be necessary to formalize this.
I would appreciate a response regarding Me isueslconcems outlined above. Thank you
for your continued assistance in moving this important project toward completion.
owed
PC: E. Barren
Pinowely, es D. R'inn& P.E.
A. Srockus ry EngineerlDirector of
R. Kenerson J Public Services