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Home My WebLink About2020-04-13 20-120 Order 04/13/202020-120 04/13/2020 20-120 Engineering Order N/A Title, Order Authorizing City Manager to Execute a Municipal Partnership Agreement with Maine Department of Transportation - WIN 024317.02, Stillwater Avenue The Order would authorized the City Manager to execute a Municipal Partnership Agreement with Maine Department of Transportation for a portion of Stillwater Avenue. The scope of the project consists of a mill and fill of 1 1/2 inch mill and overlay of existing pavement with a 1/2 shim, and replacement of bituminous curb with slip form concrete curb on Stillwater Avenue, beginning at the southerly intersection of the Bangor Mall and extending northerly 0.89 miles to Hogan Road. The total project estimate is $860,000.00, with the State Share of $430,000.00 or 50%, and City Share $430,000.00 or 50%. This project has been approved to commence construction for calendar year 2021. Infrastructure Committee 04/07/2020 Recommend for passage 50 Staff recommends approval of the attached MaineDOT Municipal Partnership Agreement. Consent 04/13/202020-120 CITY OF BANGOR ORDER 04/13/2020 20-120 Nichols Authorizing City Manager to Execute a Municipal Partnership Agreement with Maine Department of Transportation - WIN 024317.02, Stillwater Avenue Be it Ordered by the City Council of the City of Bangor that, The City Manager is hereby authorized and directed to execute a Maine Department of Transportation Municipal Partnership Agreement for Stillwater Avenue, WIN #024317.02. 20-120 APRIL 13, 2020 Internal Use Only TEDOCS #: _______________________________ CTM#:_________________________________________________ CSN#: ________________________________ STATE OF MAINE DEPARTMENT OF TRANSPORTATION MUNICIPAL PARTNERSHIP AGREEMENT WIN 024317.02 REGARDING BANGOR,STILLWATER AVENUE 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 OFBANGOR (“MUNICIPALITY”),a municipality in the State of Maine with offices located at 73 Harlow Street, BANGOR, ME. WHEREAS, BANGORshall perform amill and fillprojectconsisting of a1 ½ inchoverlay of existing pavement with a ½ inch shim,and replacement of bituminous curb with slip form concrete curb on Stillwater Avenue, beginning at the southerly intersection to the Bangor Malland extending northerly 0.89miles (RLM 1.48 to RLM 2.37) to Hogan Road(the “Project”). BANGORestimates this project at $860,000.00. BANGORSHALL: A.Procureall contractsfor and overseethe Project on STILLWATER AVENUEfor the Work outlined above. B.Cause such Work to be performed in accordance with a design by anengineer 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.Agreeto 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: 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; Rev. 11/14/2018 20-120 APRIL 13, 2020 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 meetsthe 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 BANGORor 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 $430,000.00 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 $430,000.00or 50% of the actual costs incurred and paid by the Municipality. B.This project has been approved for Calendar Year 2021.If the Municipality commences construction of the project as outlined above prior to January 1, 2021, 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. The CITY OFBANGOR and MaineDOTagree 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. Rev. 11/14/2018 20-120 APRIL 13, 2020 IN WITNESS,WHEREOF, the partieshereto have executed this AGREEMENT effective on the day and date last signed. CITY OFBANGOR Dated: _________________ By: __________________________________ Catherine M. Conlow City Manager STATE OF MAINE DEPARTMENT OF TRANSPORTATION Dated: _________________ By: __________________________________ Bruce A. Van Note Commissioner Rev. 11/14/2018 20-120 APRIL 13, 2020 APPENDIX A PROJECT SCOPE AND COST SHARING MAINE DEPARTMENT OF TRANSPORTATION Municipal Partnership Initiative Project MUNICIPALITYOF BANGOR PROPOSED IMPROVEMENTS TO:STILLWATER AVENUE STATE PROJECT IDENTIFICATION NUMBER (WIN) 024317.02 FUNDED CONSTRUCTION YEAR2021 Project Scope: 1 ½ inch Overlay FundingOutline: The Total Project Estimated Cost is $860,000.00, and the Parties agree to share costs through all stages of the Project under the terms outlined below. Municipal ShareState ShareTotal Cost Work Element %$%$$ 50 430,00050430,000860,000 Project Costs PROJECT SHARES 100% Total Cost of Additional Work above agreement estimate TOTAL ESTIMATED $430,000.00 MUNICIPAL REIMBURSEMENT 20-120 APRIL 13, 2020 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 EXCEPTIONSREQUIRED:__YES _X__ NO Design exceptions were required for this project. Please see attached approval from MaineDOT Chief Engineer outlining design exceptions. IN CITY COUNCIL APRIL 13,2020 CO 20-120 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 8-0 COUNCILORS VOTING YES: FOURNIER,HAWES,NICHOLS,OKAFOR, SCHAEFER, SPRAGUE, SUPICA, TREMBLE COUNCILORS VOTING NO: NONE PASSED CItV CLE