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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