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Home My WebLink About2019-04-22 19-161 Order 04/22/201919-161 04/22/2019 19-161 Engineering Order N/A Title, Order Authorizing Execution of Agreement for Maine Department of Transportation Municipal Partnership Agreement - WIN 21932.09 Broadway (Route 15B) This order will authorize the City Manager to execute a Municipal Partnership Agreement with the Maine Department of Transportation for a mill and fill project consisting of a two inch mill and overlay of existing pavement, resetting of granite curb where necessary to restore curb reveal, and pedestrian facility and drainage improvements on Broadway, beginning at the intersection of State Street and extending northerly 0.64 miles to Stillwater Avenue. The estimated project cost is $950,435.00. The project is a 50/50 project with MaineDOT Municipal Partnership Initiative funds not to exceed $475,217.50 and the City's contribution of $475,217.50. Infrastructure Committee 04/16/2019 Recommend for passage 50 Consent 04/22/201919-161 CITY OF BANGOR ORDER 04/22/2019 19-161 Tremble Authorizing Execution of Agreement for Maine Department of Transportation Municipal Partnership Agreement - WIN 21932.09 Broadway (Route 15B) Be it Ordered by the City Council of the City of Bangor that, The City Manager is hereby authorized and directed to execute an agreement with Maine Department of Transportation for a Municipal Partnership Agreement for WIN 21932.09 Broadway (Route 15B) Mill and Fill Project. 19-161 APRIL 22, 2019 Internal Use Only TEDOCS #: CTM#: CSN#: STATE OF MAINE DEPARTMENT OF TRANSPORTATION MUNICIPAL PARTNERSHIP AGREEMENT WIN 21932.09 REGARDING BANGOR, BROADWAY (ROUTE 15B) This Cooperative Agreement (AGREEMENT) is entered into by and between the MAINE DEPARTMENT OF TRANSPORTATION ("MaineDOT" ), an agency of state government with its principal administrative offices located on Child Street, Augusta, Maine, and the CITY OF BANGOR ("MUNICIPALITY"), a municipality in the State of Maine with offices located at 73 Harlow Street, BANGOR, ME. WHEREAS, BANGOR shall perform a mill and fill project consisting of a 2 -inch mill and overlay of existing pavement, resetting of granite curb where necessary to restore curb reveal, and pedestrian facility and drainage improvements on Broadway, beginning at the intersection of State Street and extending northerly 0.64 miles to Stillwater Avenue (the "Project"). BANGOR estimates this project at $950,435.00. BANGOR SHALL: A. Procure all contracts for and oversee the Project on BROADWAY (ROUTE 15B) for the Work outlined above. B. Cause such Work to be performed in accordance with a design by an engineer licensed in the State of Maine. The Licensed Engineer shall provide a certification to the Municipality and to MaineDOT that, in his/her professional opinion, the Project as designed will provide a smooth ride, not reduce the safety, mobility or structural quality of the state [state aid] road. All design documents must be stamped and signed in accordance with this provision by the Professional Engineer. C. Agree to secure all necessary Federal, State and Local permits necessary to complete the work. BANGOR also agrees to secure any needed property rights in accordance with all applicable State and Federal Law. D. Agree that any exceptions to State Design Standards shall be documented as part of this process. This documentation shall compare the new design to the existing conditions for each of the exceptions to current design standards. Any such exceptions shall be displayed on the cover sheet for the Project plans with the signature and PE stamp of the engineer responsible for the design of the Project. E. Be responsible, within the Project limits, for the following: Rev. 11/14/2018 a. Ensuring that the safety of the corridor and the life of the resulting structural and design elements are equal to or better than existing conditions and design; b. Ensuring that the structures, roadways and/or design features affected by the Project work shall, at a minimum, be of improved quality in terms of materials and utility; c. Ensuring that the Project does not introduce safety hazards; d. Ensuring that the Project retains the same level of mobility or improves mobility of travel within the corridor, unless approved traffic calming measures are proposed; e. Ensuring that the Project does not decrease the life expectancy of this component of Maine's transportation system; and, f. Ensuring that the Project meets the current standards of Americans with Disabilities Act of 1990 (ADA) design requirements. F. Provide certification through their Engineer to MaineDOT that the Project is complete and was constructed as designed. G. Ensure that construction shall commence within EIGHTEEN (18) months and shall be certified complete within THIRTY-SIX (36) months of execution of this agreement. BANGOR may forfeit the unpaid balance of this grant if these deadlines are not met or they can not demonstrate earnest and good faith efforts to meet them. H. Be responsible for or cause its contractors to be responsible for all damage to public or private property of any kind resulting from any act, omission, neglect or misconduct of BANGOR or its contractors, including damage to vehicles passing through the Project limits. I. Bear all risk of loss relating to the Project and the Work regardless of cause. MAINEDOT SHALL: A. Provide a maximum $475,217.50 in State funds supporting the Work stated above. Reimbursement will be made by the Department at a minimum of 1/3 project completion upon receipt of supporting cost documentation from the Municipality. Payments will be made per Appendix A attached. The Department's Region Engineer shall review the costs and certify their eligibility prior to reimbursement of Municipal Partnership Initiative Funds. Payment by MaineDOT Municipal Partnership Initiative funds shall not exceed $475,217.50 or 50% of the actual costs incurred and paid by the Municipality. B. This project has been approved for Calendar Year 2020. If the Municipality commences construction of the project as outlined above prior to January 1, 2020, the Municipality assumes the risk and responsibility for costs incurred, in the event that funding levels fall below MaineDOT projections. If this occurs, the Municipality will not receive reimbursement from MaineDOT. Rev. 11/14/2018 The CITY OF BANGOR and MaineDOT agree to function within all applicable laws, statutes, regulations, and AGREEMENT provisions; avoid hindering each other's performance; fulfill all obligations diligently; and cooperate in achievement of the intent of this AGREEMENT. IN WITNESS, WHEREOF, the parties hereto have executed this AGREEMENT effective on the day and date last signed. Dated: Dated: Rev. 11/14/2018 LM CITY OF BANGOR Catherine M. Conlow City Manager STATE OF MAINE DEPARTMENT OF TRANSPORTATION Bruce Van Note Commissioner APPENDIX A PROJECT SCOPE AND COST SHARING MAINE DEPARTMENT OF TRANSPORTATION Municipal Partnership Initiative Project MUNICIPALITY OF AVL . C[IIlt PROPOSED IMPROVEMENTS TO: BROADWAY STATE PROJECT IDENTIFICATION NUMBER (WIN) _21932.09_ FUNDED CONSTRUCTION YEAR 2020 Proiect Scope: 2 inch mill and overlay Funding Outline: The Total Project Estimated Cost is $950,435.00, and the Parties agree to share costs through all stages of the Project under the terms outlined below. Municipal Share State Share Total Cost Work Element % $ % $ $ Project Costs 50 0 475.21T50 50 O 475,21T5 950,435.( PROJECT SHARES Total Cost of Additional 100% Work above agreement estimate TOTAL ESTIMATED MUNICIPAL $475,217.50 REIMBURSEMENT REIMBURSEMENT SCHEDULE: Upon 1/3 project completion the municipality may begin invoicing the Department. Preferred invoicing interval is 1/3, 2/3, final. The Department will accept monthly invoices after 1/3 project completion with a maximum invoice submittal not to exceed 5 invoices. DESIGN EXCEPTIONS REQUIRED: YES X NO Design exceptions where required for this project. Please see attached approval from MaineDOT Chief Engineer outlining design exceptions. H a0 odd 2 �A 0 �O H C1 z ,! N t E -N l tri 0 y - n 1 d \O H 0 d 0 G-)