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Home My WebLink About1995-08-14 95-369 ORDERCO"CII.ACTIOK Due: 08-14-1995 Item No.. 95-369 Item/Subject Authorizing City Manager to Execute Agreements wiN the MDOT regarding Traffic Imprevement project -Broadway and Cumberland Street- MDOT Pio 4931.00/MI--OOON(52) Responsible Department Engineering Commentary: M OT will shortly be a0destsl'ng a project to restaurant improvements to Broadway and Cumberland Street Intersection, involving new track signals and some lane modifications. Deficiencies at this intersection were identified several years ago, and our MDOT Improvement Project requested through the FACTS process. The attached order authorizes the City Manager to eseate routine agreements with AMOT eesemy for construction to proceed. The &n is a memorandum of understanding which identifies MDOT and City responsibilities and cost sharing which is typical for such projects. The second is an agreevrent stating that the City will issue necessary permits to allow a contractor to trarnport materials ant operate equipment on City streets in conjunction with this project. It also provides for a convamofs band for repair of any damage arising form such activity, It is anticipated that the project will be completed this year. cvrprein Heol Managers Covnven[e: UJ a. c� M Associated Information: Q Budget Approval: p,,,,p, monivo 4&)w mmascefv Legal Approval:" J Ob, w Introduced For - - Passage ❑ First Reading ❑ Refand Page of 95-369 Amigned to Counulor Frankel August 14, 1995 CITY OF BANGOR (TITLE) (ffirilgTt Authorizing City Manager to Execute Agreements with the MOOT regarding Traffic Improvement Project- Broadway and Cumberland Street -MDOIF Pio 41"IA /M-NH-OWN(M) BY the (tits Cmneg affil Lite Of Bangor: ORDERED. - TEAT the City Manager is hereby authorized and directed to execute necessary agreemctts with the Maine Department ofTrensportatron relative to construction of traffic improvernents at the intersection of Broadway and Cumberland Street, to be undertaken by MDOT - Pin 4931.00/M - NH -000N(52) Copies of the Agreements are attached. £N'CI'fY-C(IUNCIL'+t 95-369 "Yuiguae'14,. 1995, 0 R 0 E R Title,. Authorizing City Manager to - CITY 6LERK .l Execute Agreements with the NAM . Regarding. Traffic Im4rovement egpjpYr. 19toeEmay and Cumberland Street - _ MOT Pin 49311M-NR-OOON(52) .......�.{/.....�41..,,.''...ry.p.//....�......�. �.1�...... igmed to q' 11ppp/Aa�AAA/(/^ O^ yq � o Councilman -- C®rry�d@y JUL5-369 � $7 Copy MEMORANDUM OF UNDERSTANDING REGARDING DEVELOPMENT, CONSTRUCTION & COST SHARING OF INTERSECTION IMPROVEMENTS IN BANGOR PIN 4931.W=RRAL AID PROJECT NO. M -NH -000N(52) This Memorandum of Understanding is entered into on this day of 1995 to establish certain development, construction and cost sharing procedures between the State of Maine Depar nsent of Transportation (hereafter Department) and Ne City of Bangor (hereafter City) regarding a project to make certain resurfacing and traffic signal improvemeNs at the intersection of Broadway and Cumberland Street in Bangor which has been included in the Deferment's Transportation Investment Program contingent upon a portion of the estimated total project cost being provided by the local community. 1. PROJECT DEVELOPMENT A. Prior to the award of a contract to construct the project, the City shall return two signed original copies of dust Memorandum to the Department. The Department shall sign and date Ne Memorandums and return one original copy to the City. B. The Department shall develop and construct the project. C. The City shall pay to the Depattment upon award of a contract to construct the project the local share of the estimated total project cost as hereinafter described under Article R, Paragraph A.1. H. COST SHARING A. DEFINITIONS 1. LOCAL SHARE: The local shone shall be twenty (20%) percent of all estimated prelhvwary engineering and fifteen (15%) percent of all construction and coosmmtion enginecring costs paid as a lump sum payment based upon an estivate prepared upon completion of the project development process at the time of advertising for bids to co stmtt the project, or following the acceptance of the lowest of such bids, whichever is less. 95-369 PIN 4931.00 Form Ed. 7/27/95 page 2 of 3 Pages 2. FEDERAL AND NON-FEDERAL SHARES: The current federal share of the project mat is seventy five and thirty-six huMtedths (/5.36%) percent of all eligible preliminary engineering costs and eighty and twenty-eight hundredths (80.28%) percent of all eligible construction and construction engineering costs, therefore, the non-federal share is the remaining share of such costs after deducting the appropriate federal share of such casts. 3. TOTAL PROJECT COST: The total project cost shall include all of the, engineering and construction costs necessary W develop and construct the project. B. Upon completion of the project development process at the -time of advertising for bids to canstrua the project, the Department shall notify the City of the estimated total project cog which shall establish the upper limit of the local ebare. C. Upon award of a contract to conshuct the project, the Department shall natify the City of the estimated total project cog based upon the lowest acceptable bid add the acetal local share which as a lump sum payment sball be due and payable upon such notification based upon the lesser of the two estimates as hereinbefore defined under Paragraph A.1 above. D. The total financial obligation of the City towards this project shall be completed upon payment of the local share as hereinbefore provided, except for any additional cast which may hereafter result from any approved changes or additional work specifically requested by the City, in which event, the local share shall also include all of such additional coat, including all engineering and administrative costs associmed therewith. And, if in the event that approval is obtained for federal participation in such mat, the local share may be reduced W the non-federal share of such cast. 111. TERMINATION A. Either of the parties hereto may terminate the project for any reason at any time prior to the award of a contract W concoct the project. B. The project shall act be terminated 9 the discretion of either party following the award of a contract to construct the project. C. In the event that the project is terminated prior to the award of a contract W construct the project, the cost sharing and reimbursement procedures shall be as follows: 95-369 PIN 4931.01) Form Ed. ]2]/95 Page 3 of 3 Pages 1. If the project is reminded at the request of the City, the City shall be responsible for all of the non-federal share of the cost incurred by the Department to develop the project up until the time of such recmination. The City shall reimburse the Deferment for its share of such cost upon receipt of an invoice following such termination. 2. If the project is remanded by the Deparnent, the Deparmrarrt shall be responsible for all of the von -federal share of the cost to develop the project. No local funds shall be required towards any Portion of such cost. 3. If the project is termi artM by mutoal consent of the parties hereto, the City shall be responsible for twenty (1A%) percent of the preliminary engineering cast and fifteen (15%) percent of any construction engineering cost inourred by the Department to develop Ne project up until the time of such recantation and dace Department shall be responsible for the remainwg balance of the non-federal share of such costs. The City shall reimburse the Deparwent for its share of such costs upon receipt of an invoice following such [estimation. W. APPROVAL This Memorandum has been approved and signed m duplicate by. the parties below and becomes effective on the day and date first above written. MAINE DEPARTMENT OF TRANSPORTATION By: Theodore H. Razasopoulcs Chief Engineer CITY OF BANGOR By: Witness Edward A. Barrett City Manager Return. completed form toi 195-369 Maine Department of Transportation AWN: Mr. Charles H. Horstman, Contracts Engineer -DESIGN State House Station 016, Child Street Augusta, Maine 04333-0016 Bangor project No.: M-NB-OOOM(52) The undersigned Municipal Officers of the City of Bangor agree that a permit will be issued to the Contractor for the purpose of hauling loads in excess of the limits specified in Title 29, M.R.S.A. on municipal roads as described in the "Construction Area" and that single move permits will be issued for moving Contractor's construction equipment used on the project which exceeds the legal limits (backhoes, bulldozers, etc.) to sources of construction materials over municipal ways reasonably within the area of the project. In the event that it is necessary to transport gravel, borrow or other construction material in legally registered vehicles carrying legal loads over municipal ways, a Contractor's Bond of not more than Fifteen Thousand Dollars ($15,000.00) per kilometer of traveled length may be required by the municipality; the exact aunt of said bond to be determined prior to use of any municipal way. The maximum speed limit for trucks on any municipal way will be forty(40) kilometers per hour unless a higher legal limit is specifically agreed upon, in writing, by the Municipal officers. CITY OF BANGOR By the Municipal Officials 95-369 Bangor PROSECT No.: M-MS-O00M(52) SPECIAL PROVISION CONSTRUCTION AREA A Construction Area located in the City of Bangor has been established by the Maine Department of Transportation in accordance with the provisions of Title 29, Section1703, Maine Revised Statues Annotated. (a) The section of highway under construction from Sta. 19+00 to 21+00 of the construction centerline, plus approaches (b) F.A.P. (Route 15/Broadway) from Sta. 19+00 to 21+00 of the construction centerline, plus approaches. The State Department of Transportation or the State's Engineer may issue permits for stated periods of time for moving construction equipment without loads, low -bed trailers with overloads, over -height, over -width or over -length equipment or materials over all State maintained sections described in the "Construction Area'- above rea"above and in addition may issue permits for stated periods of time for moving overweight vehicles and loads over the section described in (a) above. The right to revoke such a permit at any time is reserved by the State Department of Transportation and the issuance of such permits shall be subject to any Special Provisions or Supplemental Specifications written for this project. A Temporary Permit for each move may be issued by the State Department of Transportation or the State's Engineer for moving Contractor's construction equipment used o the project which exceeds the legal limits (shovels, bulldozers, etc.) to sources of construction material over highways maintained by the State reasonably within the area of the project. The Municipal officers for the City of Bangor agreed that a permit will be issued to the Contractor for the purpose of hauling loads in excess of the limits as specified in Title 29, Maine Revised Statues Annotated, on the town ways as describedr the "Construction Area" and that single movepermitswill beissued for mo ving Contractor's construction equipment used on the project whichexceeds the legal limits (shovels, bulldozers, etc.) to sources of construction material over town ways reasonably within the area of the project. In the event it isnecessaryto transport gravel, borrow, or other construction material in legally. registered vehicles carrying legal loads over town ways, a Contractor's Bond of not more than Fifteen Thousand Dollars ($15,000.00) per kilometer of traveled length may be required by the town, the exact amount of said bond to be determined prior to use of any town way. The maximum speed limits for trucks on any town way will be forty (40) kilometers per hour, unless a higher legal limit is specifically agreed upon in writing by the Municipal officers concerned. 95-369 Aprii 6, 3550 spECIAL PROVISIONS - CONSTRUCTION AREAS TITLE 29, M.R.S.A., SUB -SECTION 1703.- Moving Heavy Objects C-.er .lays and Bridges; Jurisdiction; Permits Limited. Pursuant to guidelines developed by the Department of Trans- portation,, jurisdiction is vested in the office of the Secretary of State, acting with the advice of the Commissioner of Trans_oorta- -" cion, to grant emergency permits upon proper application in writ- ing to move objects having a length or width or height or weight mail -- greater than specified in this Title over any way -or bridge rained by the Department of Transportation. The fee for these per- mits shall be not less than $3, nor more than 515,..-to_be determined on the basis of weight, height, length and width=by the Secretory of State with the advice of the Commissioner of 'Transportation. Like permits may be granted for a reasonable fee, by.county c - sioners, municipal officers, superintendents of streets o - road officials having charge of the repair and maintenance of many other way or bridge. All vehicles granted emergency permits under this section, because the object to be moved is over the local maximum weight, must first beregisteredor hold a short-term permit for the maximum legal gross weight allowed for that vehic'_a. The Secretary of State may grant permits, covering stated periods of time not exceeding one year and upon proper application in writing, to move under its own power pneumatic tired equipment, not exceeding the legal weight limit, over ways and bridges main- tained by the Department of Transportation. The fee for such permit shall be based upon a rate of $15 for each 30 -day period covered by the permit. - The permits shall be issued to cover the emergency or purpose stated in the application and shall be limited as to the, particular objects to be moved and the particular ways and bridges which nay be used, but permits for stated periods of time may be issued so - loads - and suitable equipment employed noon public highway_ constr.:c tion projects, United States Government projects or private con- struction of private ways, when such loads or equipment are ope- rated within construction areas established by the Department of Transportation. Permits must be procured from the municipal officers of any town or city, in case the construction area encompasses that town or city, the permits to further provide that the contractor be res- ponsible for damage to any roads which may be used in the construc- tion areas and may provide for withholding by the agency contract- ing for the work of final payment under any contract, or may pro- vide for the furnishing of a bond by the contracts to guarantee suitable repair or payment of damages, the suitability of repairs or the amount of damage to be determined by the Department of Transportation on state maintained ways and bridges, otherwise by the municipal officers. The permits may be granted by the Department of Transportation or by the state engineer in charge of the construction contract and no further approval shall be deemed necessary. - A PORTION OF PENOBSCOT COUNTY 0 1.5 3 SCALE IN MILES �m 11 I:• i �,,'• LL Is A PORTION OF PENOBSCOT COUNTY 0 1.5 3 SCALE IN MILES