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Home My WebLink About2020-11-23 21-018 Order 11/23/202021-018 11/23/2020 21-018 Engineering Order N/A Title, Order Authorizing the City Manager to Execute a Maine Department of Transportation Cooperative Agreement for Rehabilitation of the Veterans Memorial Bridge #1558, WIN #022278.00 The Order would authorize the City Manager to execute a Cooperative Agreement with Maine Department of Transportation (Maine DOT) to access city property in conjunction of the rehabilitation of Veterans Memorial Bridge #1558, WIN #022278.00. Under the terms of the agreement, The City agrees to let Maine DOT use the gravel roads to the access pier 1 and pier 2 adjacent to the Veterans Remembrance Bridge. (Figure 1) Maine DOT agrees to repair any damage to the gravel roads. A representative of Maine DOT and the City will perform an inspection of the access routes both before and after construction. The condition of the gravel roads will be documented by taking photos at regular intervals along the access routes. Maine DOT agrees to remove and properly dispose of any trees that interfere with access on the gravel roads as noted in figure 1. The estimated completion of the project is December 31, 2022. Infrastructure Committee 11/17/2020 Recommend for passage Consent 11/23/202021-018 CITY OF BANGOR ORDER 11/23/2020 21-018 Schaefer Authorizing the City Manager to Execute a Maine Department of Transportation Cooperative Agreement for Rehabilitation of the Veterans Memorial Bridge #1558, WIN #022278.00 WHEREAS, The Maine DOT will be working to rehabilitate the Veterans Remembrance Bridge; and WHEREAS, The City of Bangor agrees to let Maine DOT use the gravel roads as noted in figure 1 to access pier 1 and pier 2 on the Veterans Remembrance Bridge during the rehabilitation; and WHEREAS, Maine DOT agrees to repair any damage to the gravel roads as noted in figure 1 to access abutment #1, pier 1 and pier 2 on the Veterans Remembrance Bridge; and WHEREAS, the estimated project completion date is December 31, 2022. Be it Ordered by the City Council of the City of Bangor that, The City Manager is hereby authorized to enter into a Maine Department of Transportation Cooperative Agreement for the Rehabilitation of Veterans Memorial Bridge #1558, WIN#022278.00. 21-018 NOVEMBER 23, 2020 Bangor Veteran Remembrance Bridge WIN 022278.00 November 5, 2020 SPECIAL PROVISION SECTION 105 GENERAL SCOPE OF WORK (Cooperation Between Contractors) It is hereby brought to the Contractor's attention that MaineDOT has an agreement with the City of Bangor to make use of two existing gravel roads from Dutton Street to I395 on either side of the railroad tracks. Please refer to the attached diagram labeled figure 1 for locations of the gravel roads available to the Contractor on City of Bangor property. The Contractor needs to be aware that S.E MacMillan Company is using this same general area for material and equipment storage for a project with the City of Bangor. S.E. MacMillan is working on the Davis Brook CSD Storage Tank for the City of Bangor. The Contractor shall coordinate construction activities with S.E. McMillan to insure a safe work site in the area around Dutton Street. The Contractor shall stay in communication with S.E. McMillan on a regular basis and always cooperate with other Contractors. S.E. MacMillan Company Inc 150 Husson Avenue Bangor, Me 04401 207-942-2169 Stanley E. MacMillan, President semacmillan ),gin o nt.net .................................................................................... The gravel roads on City of Bangor property shall be inspected by the Resident, Contractor and Bangor City Officials before the roads are used by the Contractor to access the Veterans Remembrance Bridge. The gravel roads on City of Bangor property shall be inspected again by the Resident, Contractor and Bangor City Officials once they are no longer needed by the Contractor to access the Veterans Remembrance Bridge. The gravel roads on City of Bangor property used by the Contractor, need to be in the same or better condition than before construction started. Any repairs needed to these gravel roads shall be at the Contractor's own expense. Access to lower road #2 on the east side of the railroad tracks will be made by crossing underneath a railroad bridge located at the easterly end of Dutton Street. The railroad bridge was vertical clearance restrictions. Please refer to the picture below of the westerly side of the railroad bridge. Page 1 of 4 Bangor Veteran Remembrance Bridge WIN 022278.00 November 5, 2020 Railroad bridge at westerly end of Dutton Street in Bangor North side- vertical clearance: 13'-1" South side -vertical clearance: 12'-7" North side- horizontal clearance At bottom of pier column: 14'-9" At roadway surface: 13'-7 South side- horizontal clearance At bottom of pier column: 14'-9' At roadway surface: 13'-7" Page 2 of 4 Bangor Veteran Remembrance Bridge WIN 022278.00 November 5, 2020 The Contractor needs to ensure that all equipment needed at pier #2 will fit through the openings underneath the railroad bridge. Access across the railroad tracks is not allowed. The Contractor shall keep all equipment, personnel and equipment a minimum of 15' away from the centerline of the railroad tracks. Lower Road (east of rail tracks ) to pier #2, north of Veterans Remembrance Bridge. Please note that a few birch trees are leaning over the gravel road may need to be cut down by the Contractor. Any tree removal required will be at the Contractor's own expense. Page 3 of 4 Bangor Veteran Remembrance Bridge WIN 022278.00 November 5, 2020 Page 4 of 4 vttt MamoeDOT 7..071, 1$ 2020 STATE OF MAINE DEPARTMENT OF TRANSPORTATION COOPERATIVE AGREEMENT Non -Monetary Project Location: Bangor Cooperative Agreement Begin Date: (For Office Use Only) State W.I.N. #: Cooperative Agreement Expiration Date: 12/31/2021 Federal W.I.N. #: 022278.00 Non -Monetary ID#: 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 24 Child Street, Augusta, Maine and the CITY OF BANGOR, an agency with its principal administrative offices located at 73 Harlow Street Bangor, ME 04401, hereinafter (the "Parties"). WHEREAS, the purpose of this agreement is to memorialize the understanding of an anticipated Project to be administered by MaineDOT. WHEREAS, the Project consists of rehabilitating the Veterans Remembrance Bridge #1558, WIN 022278.00 between the Cities of Bangor and Brewer where 1395 crosses over the Penobscot River. WHEREAS, MaineDOT will perform the administration in support of the Project between the execution date of this agreement and December 30, 2022 at which time this agreement will expire. NOW THEREFORE, the Parties hereby agree as follows: (The following information provides the scope of work for the services that MaineDOT and the City of Bangor and will perform under this AGREEMENT.) CITY OF BANGOR SHALL: A. Agree to let MaineDOT use the gravel roads as noted in figure 1 to access pier 1 and pier 2 on the Veterans Remembrance Bridge during the rehabilitation project to be completed by December 31, 2022. MAINEDOT SHALL: A. Agree to repair any damage to the gravel roads as noted in figure 1 to access abutment #1, pier 1 and pier 2 on the Veterans Remembrance Bridge. If requested by the City of Bangor, a representative of MaineDOT and a representative of the City of Bangor can perform an inspection of the access routes both before and after construction. The condition of the gravel roads will be documented by taking photos at regular intervals along the access routes. B. Agree to remove and properly dispose of any trees that interfere with access on the gravel roads as noted in figure 1. Debarment. By signing this Agreement, CITY OF BANGOR certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared in eligible, or voluntarily excluded from participation in this transaction by any Federal department of agency. If the CITY OF BANGOR is unable to certify to this statement, it shall attach an explanation to this Agreement. CITY OF BANGOR shall promptly notify MaineDOT if it or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transition by any Federal department or agency. Non -Appropriation. Notwithstanding any other provision of this Agreement, if the State does not receive sufficient funds to fund this Project and other obligations of the State, if funds are de - appropriated, or if the State does not receive legal authority to expend funds from the Maine State Legislature or Maine courts, then the State is not obligated to proceed with the Project. Termination. MaineDOT may postpone, suspend, abandon or otherwise terminate this Agreement upon thirty (30) days written notice to the CITY OF BANGOR and in no event shall any such action be deemed a breach of contract. Postponement, suspension, abandonment or termination may be taken for any reason by MaineDOT or specifically as the result of any failure by CITY OF BANGOR to perform any of the services required under this Agreement to the satisfaction of MaineDOT. Notice. Any communications, requests or notices required or appropriate to be given under this Agreement shall be in writing and may be sent via email which shall satisfy the delivery requirements of this section through express acknowledgement of receipt by the receiving party. Alternatively, communications can be mailed via U.S. Mail, Certified or Registered, Return Receipt Requested or sent via a recognized commercial carrier such as, but not limited to Federal Express, that requires a return receipt delivered to the sending party. Said communications, requests or notices shall be sent to the other party as follows: Contact Information. MaineDOT 24 Child Street 16 State House Station Augusta, ME 04333-0016 Attn: Michael Wight, Senior Project Manager Email: michael.wight@maine.gov City of Bangor 73 Harlow Street Bangor, Maine 04401 Attn: Catherine M. Conlow, City Manager Email: city.manager@bangonnaine.gov IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate effective on the day and date last signed. Date: Date: CITY OF BANGOR By*: Print Name: Catherine M. Conlow City Manager STATE OF MAINE DEPARTMENT OF TRANSPORTATION By*: Print Name: Michael Wight, Senior Project Manager, Bridge Program *I cert that the foregoing signature is true and accurate, and if electronic, I further certify that it (a) is intended to have the same force as a manual signature, (b) is unique to myself, (c) is capable of verification, (d) is under the sole control of myself, and (e) is linked to data in such a manner that it is invalidated if the data are changed. 10 M.R.S.A.¢9502, et seq. 21-018 NOVEMBER 23, 2020 Donation and Release of Agency Obligation PROJECT NO.: Bangor -Brewer, Veterans Remembrance Bridge #1558, WIN 022278.00 (1395 over Penobscot River) Rt110Key 4WXE:1[iIl7 PCL/ITEM NO: 043-040/043-040 C OWNER(S): City of Bangor/Waterfront Concerts, LLP (1),(We) acknowledge that we have been informed of the right to receive just compensation based upon an approved appraisal. Notwithstanding, we desire to temporarily donate the right of way (land and/or rights therein) as specified in the State of Maine Cooperative Agreemnt with the City of Bangor for WIN 022278.00 and release the State of Maine from their obligation to provide an appraisal and offer for the real estate needed for the above referenced project. This donation to the State of Maine is made without coercive action of any nature. DATED: WITNESS Printed name: Title VL -23 Donation & Release of Agency Obligation Revised 10/4/2019 SIGNATURE OF OWNER(S) Printed name: Title: Print name: Title: IN CITY COUNCIL NOVEMBER 23,2020 CO 21-018 Motion made and seconded for Passage of Consent Agenda Vote: 9—0 Councilors Voting Yes: Davitt, Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Tremble Councilors Voting No: None Passed CITYCLERK/