HomeMy WebLinkAbout2022-03-14 22-117 OrderCITY COUNCIL ACTION
Council Meeting Date:
Item No:
Responsible Dept:
Requested Action:
Summary
Committee Action
Meeting Date:
For: Against:
City Manager City Solicitor Finance Director
Map/Lot:
Introduced for:
Order
Committee:
Action:
Staff Comments & Approvals
Date:
Item No:
Assigned to Councilor:
Internal Use Only
TEDOCS #:
CTM#:
CSN9:
STATE OF MAINE DEPARTMENT OF TRANSPORTATION
MUNICIPAL PARTNERSHIP AGREEMENT
WIN 025033.02
REGARDING
BANGOR, STATE STREET
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
("MUNICIPALITY"), a municipality in the State of Maine with offices located at 73 Harlow Street,
Bangor, ME.
WHEREAS,
BANGOR shall perform a highway construction project consisting of a 2-inch mill and overlay of
existing pavement on STATE STREET (U. S. Route 2), beginning at the intersection of Hogan Road
and extending northerly 0.55 miles to the intersection of Young Street (RLM 14.5.860 to 146.410). It
will involve replacing existing bituminous curb with slip form concrete curb and drainage
improvements. (the "Project"). BANGOR estimates this project at $460,000.00.
BANGOR SHALL:
A. Procure all contracts for and oversee the Project on STATE STREET for the Work outlined
above.-
B. Cause such Work to be performed 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. Agree to secure all 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:
Rev. 11/14/2018
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;
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 meets the 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 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:
A. Provide a maximum $230,000.00 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 $230,000.00 or 50% of the
actual costs incurred and paid by the Municipality.
B. This project has been approved for Calendar Year 2023. If the Municipality commences
construction of the project as outlined above prior to January 1, 2023, the Municipality assumes
the risk and responsibility for costs incurred, in the event that funding levels fall below
MaineDOT projections. If this occurs, MaineDOT will reimburse with the next available
allotment.
Rev. I I /1 O I S
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.
IN WITNESS, WHEREOF, the parties hereto have executed this AGREEMENT effective on the day
and date last signed.
Dated:
Dated:
10
CITY OF BANGOR
Deborah A. Laurie
City Manager
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
an
David Bernhardt
Director, Maintenance and Operations
Rev. 11/14/2018
a�
"
v
U
b
as
ca a
4.1
cu
�
a�
o
C
a�
W'
W
L
IN CITY COUNCIL
MARCH 14, 2022
CO 22-117
ACTION
CITY CLERK