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Home My WebLink About2016-08-08 16-295 ORDERCOUNCIL ACTION Item No. 16-295 Date: AUGUST 8, 2016 Item/Subject: ORDER, Authorizing Execution of Agreement for Maine Department of Transportation Project — Summer Street, Independent, & Washington Street Mill & Fill Project, WIN 21926.03 Responsible Department: Engineering Commentary: This order would authorize the City Manager to execute a Municipal Partnership Agreement with the Maine Department of Transportation for a two inch mill & fill project on Summer Street, Independent Street, and Washington Street, beginning at the intersection of Cedar Street and extending northerly 0.26 miles to Kenduskeag Stream Bridge on Washington Street. The Maine Department of Transportation has approved funds in an amount not to exceed $348,570.00. The total State/Federal share of 50% is equal to $174,285.00, and the Municipality share of 50% is equal to $174,285.00. As a condition of this funding, the City is required to enter into a Municipal Patnership Agreement with the Maine Department of Transportation. This item was reviewed and recommended for approval at the Infrastructure Committee meeting on May 24, 2016. Manager's Comments: Associated Information: Council Order, Agreement Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral John M. Theriault, City Engineer Department Head UCS lb_ (4a City Manager Finance Director 1171W bSlocitor Page _ of ,_ Assigned to Councilor Perry CITY OF BANGOR 16-295 AUMIXT 8, 2016 (TITLE.) Order, Authorizing Execution of Agreement for Maine Department of Transportation Project — Summer Street, Independent Street, & Washington Street Mill & Fill Project, WIN 21926.03 (TITLE.) ORDER, Authorizing Execution of Agreement for Maine Department of Transportation Project — WIN #21926.03, Summer Street, Independent Street, & Washington Street Mill & Fill Project. ORDERED, THAT: the City Manager is hereby authorized and directed to execute an agreement with the Maine Department of Transportation for the following: An Agreement with the Maine Department of Transportation — Summer Street, Independent Street, & Washington Street Mill & FII Project, WIN #21926.03 Copy of the agreement is attached. IN CITY COUNCIL AUGUST 8, 2016 PASS D CITY CLERK CT#- Internal Use Only TEDOCS # CSNr# 16-295 AUGUST 8, 2016 STATE OF MAINE DEPARTMENT OF TRANSPORTATION MUNICIPAL PARTNERSHIP AGREEMENT WIN: 21926.03 Bangor, Summer Street REGARDING a Mill and Fill Project 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 ("Bangor"), a municipality in the State of Maine with offices located at 73 Harlow Street, Bangor, ME. WHEREAS, Summer Street, Independent Street and Washington Street are in need of pavement preservation to prolong the life of the highway infrastructure.. WHEREAS, Bangor shall develop and oversee a mill and fill project on Summer Street, Independent Street, and Washington Street beginning at the intersection of Cedar Street and extending northerly 0.26miles to the Kenduskeag Stream bridge on Washington Street.. The City estimates the cost to do a 2 inch mill and fill on this corridor to be $348,570.00. MaineDOT and the City of Bangor have agreed to cost share in the development and construction of the project. THE CITY OF BANGOR SHALL: A. Procure all contracts for and oversee Project on Sumner Street, Independent Street, and Washington Street for the work outlined above. B. Cause such Work 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. Agrees 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. Agrees 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 7/30/10 16-295 AUGUST 8, 2016 b. Ensuring that the structures, roadways and/or design features affected by the Project work shall, at a minimum, be of equal dimensions to the existing features or structures and shall be of improved quality in terms of materials and utility; c. Ensuring that the Project does not introduce any unanticipated safety hazards to the traveling public; d. Ensuring that the Project retains the same level of mobility or improves mobility of travel within the corridor; e. Ensuring that the Project does not in any manner decrease the life expectancy of this component of Maine's transportation system; and, f. Ensuring the project meets the most recent 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 twelve (18) months and shall be certified complete within twenty (36) months of execution of this agreement. Bangor may forfeit the unpaid balance of this grant if these deadlines are not met or they cannot 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: Provide a maximum of $174,285.00 in State funds supporting the project 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 $174,285.00 or 50% of the actual costs incurred and paid by the Municipality. 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. [SIGNATURES ON FOLLOWING PAGE] Rev 7/30/10 — 16-295 AUGUST 8, 2016 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in duplicate effective on the day and date last signed. Dated: Dated: Rev 7/30/10 LIM CITY OF BANGOR Catherine Conlow, City Manager STATE OF MAINE DEPARTMENT OF TRANSPORTATION LE David Bernhardt, PE Commissioner APPENDIX A PROJECT SCOPE AND COST SHARING MAINE DEPARTMENT OF TRANSPORTATION Municipal Partnership Initiative Project MUNICIPALITY OF BANGOR PROPOSED IMPROVEMENTS TO: Summer, Independent, and Washington Streets STATE PROJECT IDENTIFICATION NUMBER (WIN) 21926.03 Proiect Scope: 2 inch mill and fill 16-295 AUGUST 8, 2016 Funding Outline: The Total Project Estimated Cost is UMWM and the Parties agree to share costs through all stages of the Project under the terms outlined below. Work Element Municipal Fare State Share Total Cast % Project Costs S0 174.285.00 50 174,285,00 348.570.00 PROJECT SHARES Total Cost of Additional 100°f° Work above agreement estimate TOTAL ESTIMATED MUNICIPAL 174,285.09 REIMBURSEMENT 16-295 AUGUST 8, 2016 REiMBURSF.NUM SCHEDULE: DESIGN EXCEPTIONS REQUIRED: fil YES J�, NO Design exceptions where required for this project. Please see attached approval from MaineDOT Chief Engineer oudining design exceptions,