HomeMy WebLinkAbout2020-08-24 20-265 Order20-263
AUGUST 24, 2020
AGREEMENT
This Agreement is entered into as of this day of 2020, by and
between the City of Bangor and the City of Brewer.
RECITALS
1. The City of Bangor is a municipal corporation situated in Penobscot County, Maine.
2. The City of Brewer is a municipal corporation situated in Penobscot County, Maine.
3. The City of Bangor and the City of Brewer have a shared interest in the operation and
maintenance for the traffic signals along the "Penobscot Corridor" which include the following six
signalized intersections, four of which are in Bangor and two of which are in Brewer:
In Bangor:
The intersection of State Street, Broadway, and Oak Street,
The intersection of Oak Street and Hancock Street,
The intersection of Washington Street and Oak Street, and
The intersection of Washington Street, and Exchange Street,
In Brewer:
The intersection of State Street and Penobscot Street, and
The intersection of State Street and North Main Street.
These six intersections are part of a closed loop coordinated traffic signal system where traffic
signal equipment and traffic signal timing must be consistent and compatible at each intersection
to make the corridor function properly.
4. The City of Bangor has received funding from the Maine Department of Transportation
("MaineDOT") to improve, upgrade, design, and construct the traffic signals traffic in the
Penobscot Corridor within the City of Bangor, Maine. The project is identified by the following
project number: MaineDOT WIN 23114.00 (hereinafter sometimes referred to as the "Bangor
Proj ect").
5. The City of Brewer has received funding from MaineDOT to improve, upgrade, design,
and construct the traffic signals traffic in the Penobscot Corridor within the City of Brewer. The
project is identified by the following project number: MaineDOT WIN 23112.00 (hereinafter
sometimes referred to as the "Brewer Project").
6. The City of Bangor intends to complete the Bangor Project as a Locally Administered
Project with MaineDOT. To facilitate the overall corridor project and provide consistency, the
City of Bangor is willing to manage the design and construction of the Brewer Project as well.
NOW, THEREFORE, in consideration of the foregoing recitals and in consideration of the
rights and obligations set forth herein, the parties hereby agree as follows:
1. The City of Bangor hereby agrees to provide engineering design and project
management services to the City of Brewer for the design of traffic signal upgrades for the two
Brewer traffic signals that are a part of the Penobscot Corridor. The City of Bangor will invoice
design services for the Brewer portion of the Corridor Proj ect to MaineDOT with charges going
towards MaineDOT WIN 23112.00 (the Brewer Project).
2. The City of Brewer shall provide the local share of the funding for the Brewer Project.
Said project is currently funded for $188,810.00. The local share for this funding is $18,881.00, a
ten percent match. The City of Brewer shall provide the contractual amount of the local match
and place in an escrow account available to the City of Bangor prior to the City of Bangor initiating
work on this project. The City of Brewer shall always be responsible, and solely so responsible,
for providing any local match for the Brewer Project, this includes, without limitation, if the
Brewer Project costs exceed the current available funding. Additionally, the City of Brewer shall
be responsible for any and all costs, whatsoever, for the Brewer Project that is not paid for by
MaineDOT.
3. During the design process, the City of Bangor will provide the Brewer Engineering
Department with progress prints and cost estimates such that they are kept informed on the project
status, specifications, and costs.
4. The City of Bangor shall indemnify, defend, and hold harmless the City of Brewer, its
principals, agents, and employees, from and against any and all loss, cost, damage, or liability
which they, or any of them, may sustain as a result of the City of Bangor's willful or negligent
acts, or failure to act, under this Agreement or otherwise pertaining to the Penobscot Corridor
project identified herein.
5. The City of Brewer shall indemnify, defend, and hold harmless the City of Bangor its
principals, agents, and employees, from and against any and all loss, cost, damage, or liability
which they, or any of them, may sustain as a result of the City of Brewer's willful or negligent
acts, or failure to act, under this Agreement or otherwise pertaining to the Penobscot Corridor
project identified herein.
6. This Agreement shall terminate when the City of Bangor's Contracts with MaineDOT
for the two Penobscot Corridor projects are complete.
2
7. Any and all notices under this Agreement shall be addressed as follows:
To the City of Bangor: Bangor City Engineer
73 Harlow Street
Bangor, ME 04401
To the City of Brewer:
City of Brewer
80 North Main Street
Brewer, Maine 0412
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on their
behalf on the date and year first written above.
Witness
Witness
3
CITY OF BANGOR
Catherine M. Conlow
City Manager
CITY OF BREWER
Name:
Title:
IN CITY COUNCIL
AUGUST 24,2020
CO 20-265
Motion made and seconded for Passage of Consent Agenda
Vote: 9—0
Councilors Voting Yes: Fournier, Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble,Davitt
Councilors Voting No: None
Passed
(7,ze,
CIT C E M
IN CITY COUNCIL
AUGUST 24,2020
CO 20-265
Motion made and seconded for Passage of Consent Agenda
Vote: 9—0
Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica,Tremble,Davitt
Councilors Voting No: None
Passed
CI Y CLER