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HomeMy WebLinkAbout2023-11-27 24-034 ResolveCITY 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: DocuSign Envelope ID:C582CD4A-503D-4EC9-A9B1-09B94D02336D 24-034 NOVEMBER 27,2023 Internal Use Onl TEDOCS #: 2061984 CTM#: 20230511000000000618 CSN#: 45108 Vendor#: VC1000007010 STATE OF MAINE DEPARTMENT OF TRANSPORTATION MUNICIPAL PARTNERSHIP AGREEMENT WIN 026053.05 REGARDING OHIO STREET TO I-95, BANGOR 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 Mill and Fill on Ohio Street,beginning at the intersection of Thomas Hill Road and extending Northerly to I-95. (the "Project"). The MUNICIPALITY estimates this project at$950,000. MUNICIPALITY SHALL: l. Procure all contracts for and oversee the Project on OHIO STREET for the Work outlined above. 2. 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. 3. Agree to secure all necessary Federal, State and Local permits necessary to complete the work. The MUNICIPALITY also agrees to secure any needed property rights in accordance with all applicable State and Federal Law. 4. 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 Proj ect plans with the signature and PE stamp of the engineer responsible for the design of the Project. xe�.12.2022 DocuSign Envelope ID:C582CD4A-503D-4EC9-A9B1-09B94D02336D 24-034 NOVEMBER 27,2023 5. 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; 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. 6. Provide certification through their Engineer to MaineDOT that the Project is complete and was constructed as designed. 7. Ensure that construction shall commence within EIGHTEEN(18) months and shall be certified complete within THIRTY-SIX(36) months of execution of this agreement. The MUNICIPALITY 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. 8. 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 the MUNICIPALITY or its contractors, including damage to vehicles passing through the Project limits. 9. Bear all risk of loss relating to the Project and the Work regardless of cause. MAINEDOT SHALL: 10. Provide a maximum $475,000 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 $475,000.00 or 50% of the actual costs incurred and paid by the Municipality. 1 l. This project has been approved for Calendar Year 2024. If the Municipality commences construction of the project as outlined above prior to January 1, 2024, the Municipality assumes the risk and responsibility for costs incurred, in the event that funding levels fall below MaineDOT projections. If this occurs, the Municipality will not receive reimbursement from MaineDOT. xe�.12.2022 DocuSign Envelope ID:C582CD4A-503D-4EC9-A9B1-09B94D02336D 24-034 NOVEMBER 27,2023 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. CITY OF BANGOR DacuSigrred by; 5/9/2023 ���1�, �L Dated: By: ����� Debbie Laurie City Manager STATE OF MAINE DEPARTMENT OF TRANSPORTATION DacuSigrred by; 5/9/2023 �.� Dated: By: ����� � �� Kyle Hall Director, Maintenance and Operations xe�.12.2022 DocuSign Envelope ID:C582CD4A-503D-4EC9-A9B1-09B94D02336D 24-034 NOVEMBER 27,2023 APPENDIX A PROJECT SCOPE AND COST SHARING MAINE DEPARTMENT OF TRANSPORTATION Municipal Partnership Initiative Project BANGOR PROPOSED IMPROVEMENTS TO: OHIO STREET STATE PROJECT IDENTIFICATION NUMBER 026053.05 FUNDED CONSTRUCTION YEAR 2024 Proiect Scope: Mill and Fill on Ohio Street, beginning at the intersection of Thomas Hill Road and extending Northerly to I-95. Fundin� Outline: The Total Project Estimated Cost is $950,000 and the Parties agree to share costs through all stages of the Project under the terms outlined below. Work Element Munici al Share State Share Total Cost % $ % $ $ A reement Cost Share 50% $475,000.00 50% $475,000.00 $950,000.00 Estimated Additional $0.00 Munici al Funds Maximum State Share $475,000.00 Amount TotalProjectEstimated $475,000.00 $475,000.00 $950,000.00 Costs REIMBURSEMENT SCHEDULE: MaineDOT prefers the municipality invoice upon completion the project. The Department will, however, accept monthly invoices after 1/3 project completion with a maximum invoice submittal not to exceed 3 invoices. DESIGN EXCEPTIONS REQUIRED: YES X NO xe�.12.2022 24-034 NOVEMBER 2�7,�202�3�����1 '�v Certificate Of Completion Envelope Id: C582CD4A503D4EC9A9B109B94D02336D Status: Completed Subject: Complete with DocuSign:026053.05-Bangor MPI, Ohio Street to I-95 agreement.pdf Source Envelope: Document Pages:4 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 Jennifer Hawk AutoNav: Enabled 16 SHS Envelopeld Stamping: Enabled Augusta, ME 04333-0016 Time Zone: (UTC-05:00)Eastern Time(US&Canada) jennifer.hawk@maine.gov IP Address: 198.182.163.113 Record Tracking Status: Original Holder:Jennifer Hawk Location: DocuSign 5/8/2023 8:54:59 AM jennifer.hawk@maine.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status: Connected Pool:Carahsoft OBO Maine Department of Location: DocuSign Transportation Signer Events Signature Timestamp Debbie Laurie o s9 acY: Sent:5/8/2023 8:58:29 AM debbie.laurie@bangormaine.gov �t.��l� �tt, Viewed: 5/9/2023 8:36:31 AM Securit Level: Email Account Authentication �5235FDFEB8C040A._ SI ned:5/9/2023 8:36:42 AM Y , 9 (None) Signature Adoption: Pre-selected Style Using IPAddress: 70.109.166.160 Electronic Record and Signature Disclosure: Accepted:5/9/2023 8:36:31 AM ID:83cO8f65-c01f-43d6-8da4-92cd57b82371 Kyle Hall o��s�9�ea cY: Sent:5/9/2023 8:36:44 AM kyle.hall@maine.gov � 'Q�"��Nm�,_ Viewed: 5/9/2023 9:19:27 AM Director M&O s,BA„�,Fae9aes._ Signed:5/9/2023 9:19:50 AM Security Level: Email,Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IPAddress: 198.182.163.110 Electronic Record and Signature Disclosure: Accepted: 12/9/2021 5:43:55 AM ID:61fec6ac-3574-49d2-b5cd-c142a27c6d52 Heidi Landry � I � Sent:5/9/2023 9:19:52 AM heidi.landry@maine.gov Viewed: 5/10/20231:19:41 PM Contract Grant Speicalist Signed:5/11/2023 8:01:44 AM MaineDOT Using IPAddress: 198.182.163.113 Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp 24-034 NOVEMBER 27,2023 Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jennifer Hawk Sent:5/9/2023 9:19:51 AM jennifer.hawk@maine.gov Resent:5/11/2023 8:01:46 AM Management Analyst I I Viewed: 5/9/2023 9:46:05 AM MDOT Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/8/2023 8:58:29 AM Certified Delivered Security Checked 5/10/2023 1:19:41 PM Signing Complete Security Checked 5/11/2023 8:01:44 AM Completed Security Checked 5/11/2023 8:01:44 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 12/6/2019 7:57:19 AM Parties agreed to: Debbie Laurie, Kyle Hall 24-034 NOVEMBER 27,2023 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft OBO Maine Department of Transportation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. 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Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically 24-034 NOVEMBER 27,2023 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Carahsoft OBO Maine Department of Transportation: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: dawn.seagroves@maine.gov To advise Carahsoft OBO Maine Department of Transportation of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at dawn.seagroves@maine.gov and in the body of such request you must state: your previous email address, your new email address. 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To withdraw your consent with Carahsoft OBO Maine Department of Transportation To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: 24-034 NOVEMBER 27,2023 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to dawn.seagroves@maine.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: h�t��://�u,��ar�.dacu�i .i�y� ct��n/�ide�/�i �����ide� �i��y��e�n�rec�uire�ner���. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINLJE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Carahsoft OBO Maine Department of Transportation as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO Maine Department of Transportation during the course of your relationship with Carahsoft OBO Maine Department of Transportation. Ill�.d PM Main Information ���N�,;98S;o�. ... HaWw,e���fe�,youhave43messages. � .� "� P le[tlnformaEon� GIS� EnWronmendl� Fnance.♦... Schetlule�......Planning♦....Pns�r♦ Comments Links.......SetuP• ......... ......... ......... ......... ......... ..... .... ......... .....L�-0�� ......... ......... ......... rsNo,wiN �T �,. NOVEMBER 27 2023 Project:82437/026053.05-Bangor,Ohio Street/I-95,MPI Pmject Title• Bangor,Ohio Stree(/I-95,MPI Pmject SWtus InaRive Federal Pmject Number Lead Unit` Maintenance ......... ......... ......... ......... ......... ......... ......... ......... ....♦.. MATS WR Program Manager• HAl1,KYLE ......... ......... ......... ......... ......... ......... ......... ......... ....♦.. Department Level 0.sset• Pmject Munager Highways. ......... ......... ......... ......... ......... ......... ......... ......... ...�.. �EVIN,IOHN ......... ......... ......... ......... ......... ......... ......... ......... .... .. Asset Type` Ancestor WIN UrWnHighwaYs ......... ......... ......... ......... ......... ......... ......... ......... ...�.. 026053.00 Swpe• Lineage WIN MillanE Fill ......... ......... ......... ......... ......... ......... ......... ......... ...� Use WIN Type` HighwaY Preservat'on PaWng UPipl Pro.,�� ......... ......... ......... ......... ......... ......... ......... ......... ....-.. Resourte Allowtion Gmup Pmject 7ype• MPI......... ......... ......... ......... ......... ......... ......... ......... ......... ...�... UPipllmpm�ementPm9rammetl ......... ......... ......... ......... ......... ......... ......... ... .. Deuelopment ResponsibiliTy• Non-DO7 Requestor• IOCALLVADMINISTEIiED...... ......... ......... ......... ......... ......... ......... ......... ...� MunicipalilylC ......... ......... ......... ......... ......... ......... ......... ......... ......... MPO Sponsor• Multi-Code MaineDOT ......... ......... ......... ......... ......... ......... ......... ......... ...�... MaineDOT RequesMr• .... FHWA Direct Involvement .... Add On .... Statewide .... Design F�aeption HAWKIENNIFER ......... ......... ......... ......... ......... ......... ......... ......... ...�... �iOn 4-Eastern last Updated By Wst Updated DaM GWGIN,GREGG C/21/2023 Purpose and Need• T8D PM DeSCription` 2 inch mill and werlayof existing pavementan Ohio Street,beginning at the intersection of Thomas Hill Mad and extending northerly0.500 miles W 1-95(RLM 0.670 W 1.170)inwlWng installation of newslip form wncrete curb,induding werlay of existing sidewalk for ADA and drainage imprwements. Work Plan Cammon Name Ohio Street Work Plan Length Miles 0.00 Work Plan DeSCription` Beginning at the interzection of Thomas Hill Road and extending north 0.50 of a mile W IrRerstate 95. Ill�.d PM Available/Transfers (Read Only) Navigation. ... Hawk,Jennifer,youhave43messages. � .� "� P le[tlnformaEon� GIS� EnWronmendl� Fnance.♦... Schetlule�......Planning♦....Pns�r♦ Comments Links.......SetuP• ......... ......... ......... ......... ......... ..... .... ......... .....L�-0�� ......... ......... ......... rsNo,wiN �T �hFl�.�vwmm.ry�e�« NOVEMBER 27 2023 Project:82437/026053.05 Bangor,Ohio Street/I-95,MPI Estimated Milestone: Munidpal Agreement Estimated Date: 03/172023 Wtest FINE55 Refresh Date: 'Smge&ists in FINE55 . �,,,,, .::: .::: ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... In-Pro[ess Pm[essetlSchetluleMT2nskrs . ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ........., Highway Non-Highway Finance Description PE ROW CON* CE Planning MDOT Toml Nan MDOT Wark Gand Tatal 1.ESEmatetl PmJe[t Co4 ......... ......... ......... .........80.00 ......... .....80.00 ......... 8950A00.00 ......... 80.00... ......... 80.00........ .......8950A00.00 ......... ......... 80.00 ......... 8950A00.00 2AvailableFunAs $0.00 80.00 8950p00.00 80.00 80.00 8950p00.00 80.00 8950p0Q00 3MEcipa�tlAvailable(Line2+Appv+PenEing+UnEerNeWew) 80.00 $0.00 $950A00.00 80.00 $0.00 $950A00.00 80.00 $950A0Q00 a Fxpenaea Sa.ao so.ao so.ao so.ao so.ao so.ao so.ao saao SDefciVSurplus(Line2-Line1) 80.00 80.00 80.00 80.00 80.00 80.00 80.00 8Q00 fi Program Amounts $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $Q00 �.compie�arranskrs Sa.ao So.ao Sa�SA�.� So.ao So.ao Sa�SA�.� So.ao Sa�SAoaao fl ne�nt 8a.00 80.00 80.00 80.00 80.00 80.00 80.00 8aoo A Nemaining to EwpenE hine 2-line 4-line 8) 80.00 80.00 8950p00.00 80.00 80.00 8950p00.00 80.00 8950p0Q00 scneaurmnn.e«. B�perl SchWule d hmsfan b Ecal.... Fram/r WIN WPM RequestDate StatusDate SmWs PE ROW CON CE Planning GrandTatal Originator LastUpdatedBy UpdatedDa... Camm... N,..., 4aJ ,,...N ,... ,... ,... ,... ,... ,... ,... ,... .... ,... ,... ,... ,... ,... ,... ,... Noi�msbEisplay •Note only transfers where tlie current project is ttie FROM WIN may be updated or smtused.Use the Go To function to gM to ttie TO WIN if needed ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .J Prcoject:82437J026p53.�5-Bangor,Ohiio Streetl�-9'S,Pv1Rl Totrl�en�th:o.s mi. 24-034 ��,7rro�i7ryp,P. �o-�arco�i7rsarw�� c�o�mir�rruriM� iao�mzcr��de isr�w ienna mP,�iii5�ty�on ffri�di�q�m NOVEMB�7ia�7,2023 IIIII�����IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'!I��°. �V�V�V�V�V�V�""������ii������ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII��'���V�V�����uu ° �V�V�V�� � i .,IS o Iv.e Etli P.Pc . I�� . � � .� It.., X��' �jn� . . .... . ..... .. 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" : n•' � /��� ��� ��� ��� � �� ��e,45,3 0, _ �„����� �I�l IN CITY COUNCIL NOVEMBER 27, 2023 CR 24-034 Motion made and seconded for First Reading Vote: 9 —0 Councilors Voting Yes: Deane, Fish, Fournier, Hawes, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier Councilors Voting No: None Passed ���.�` � M,�� �������w������ � �s� CITY CLERK IN CITY COUNCIL DATE CR 24-034 Motion made and seconded for Passage Vote: 6—0 Councilors Voting Yes: Deane, Fish, Fournier, Schaefer, Tremble, Pelletier Councilors Voting No: None Passed �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK