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HomeMy WebLinkAbout1993-10-25 93-482 ORDERDate o h'=-8=-1;99_' Item No. 93-482 Authorizing the City Manager to Frecute a nuaicipal/State Agreement Item/SulakcL with MCI for the Construction of Odlin Road/Hammond Street/I-395 intersection Improvements SesponsiVe Department: Engineering This council order authorizes the City Manger toe cute a routine Municipal/State Agreement relative to the MOT OdlisRoad / Bammond Street Bulge / I-395 intersection improvement project. Thea standard Agreements generally include a provision for a 15% Local Share of construction coats; however, this project will be entirely funded by Interstate funds, so there is no local share. The Agreement covers future maintenance responsibilities, etc., as is standard procedure for MOT projects constructed within urban compact limits. This project i ently out to bid, along with a related project involving traffic signalization at the intersection of lowered Street, pains Avenue, and odlln Brad. A copy of the prpdosed Agreement is attached. - - Mrrl._. ert`Y._d n Atznag=.ri Comments: �' to A-kiL�,/ V�Nt., lte evin Associated Information: i aCarat" Legal Approval; Coy 5rt[ai4r Intrpduc dFor C IFIFCCyyJJCC�i paslace Fifit Petting ❑Referral Page _of_ Ae.iymed to Councilor Sect October 25, 1993 CITY OF BANGOR lETL61 (DrUrf..... Autn ['zing tne_City Manager, to. Execute a Mnrricipal/State Agreement with MOT for the Construction of Odlin Road / demand Street / By W City Cou+uB of 41&e MY ofBnmypr. ORDERED, TEAT, the City Manager, on behalf of the City of Bangor, is hereby authorized and directed is execute a Municipal / State Agreement with the State of Maine Department ofTtansportatioa. for the construction of improvements at the intersection of Odlin Road, tlammosd Street, and I-395. (MOT project no. M-395-8 (9])). M CITY COUNCIL October 25, 1993 Pas IT CLERK 93-482 O R.R ER Title, Authorizing, the City,ngg3Rer.tm.6aecute e Mu¢iciyel/s[aee Agxee�oenx with MOT for the Cosetructfon of 011ie Road/Ramond Streetet/-E N95•lncera �to a �' ....... y�pl/�pl�lA gmedto UCouncilman ;n!�01 MUNICIPAL/STATE AGREEMQI'P BETWEEN THE STATE OF MAINE AND THE CITY OF BANGOR REGARDING' PROPOSED IMPROVEMENTS TO ODLIN ROAD & INDUSTRIAL SPUR FEDERAL AID PROJECT NO. IM-395-8(97)/PIN 4195.10 This AGREEMENT is made this day of , 1993, by and between the STATE OF MAINE, acting by and through its Department of Transportation, hereinafter referred to as the State and the CITY OF BANGOR, in the County of Penobscot, a body corporate and politic, hereinafter referred to as the City; WITNESSETH, that WHEREAS, the State is planning to rehabilitate, resurface and widen a portion of the Odlin Road, so-called, in Bangor on both sides of its Intersection with the Industrial Spur or Outer Hammond Street, -called, beginning about 65 feet southerly of its intersection with Perry Road, so-called and extending northerly a distance of 0.233 mile ending about 379 feet northerly of its intersection with the Industrial Spur or said Outer Hammond Street and to make similar improvements to said Industrial Spur or Outer Hammond Street beginning at said Odlin Road and extending westerly a distance of 0.105 mile, and; WHEREAS, the City desires such improvements and WHEREAS, the proposed improvements are within the compact urban area as heretofore established by the State, and; WHEREAS, the City has certain statutory responsibilities within said area including all ma intenance responsibilities for Odlin Road and that portion of saidIndustrial Spur or Outer Hammond Street situated westerly of said Odlin Road; NOW THEREFORE, the Parties agree as follows: I. The State agrees to the following: A. To award and administer acontract to make such improvements to said Odlin Road and that portion of said Industrial Spur or Outer Hammond Street as hereinbefore described under Federal Aid Project No. IM-395-8(97)/PIN 4195.10, hereinafter referred to as the project, in co;dance with the plane and specifications prepared by the State to which particular reference is hereby made for complete and detailed description thereof. Improvements to an additional portion of the Industrial Spur, also known as I-395, beginning at said Odlin Road and extending 93-682 4195.30/IM-395-8(97) Form Ed. 9/22/93 Page 2 of 4 Pages easterly a distance of about 245 feet shall also be included in said contract as a part of the project, but because the State has maintenance responsibilities for this portion, said portion is excluded from the provisions of this Agreement. B. To acquire any necessary right of way required to construct and maintain the project. C. To allow the City to request changes or additions to the project at any time following the completion of design and advertising for bids and to make all approved changes and additions inaccordance with and subject to the provision hereinafter set under section II, Paragraph B. II. AND the City agrees to the following: A. To approve and does hereby approve the layout and construction of Federal Aid Project No. IM-395-8(97)/PIN 4195.10. B. To pay to the State any additional construction coat resulting from any approved changes or additional work which may be hereafter requested by the City pursuant to the provision set forth under Section I, Paragraph C above, plus 30% to cover engineering and overhead costs unless specified otherwise. All requests for changes or additional work shall be made in writing to the State's Construction Division acknowledging the willingness to pay uch cost. In the event that approval is obtained for federal participation in the cost thereof, the additional cost may be reduced to the non-federal share of such additional cost. C. To authorize and does hereby authorize the State to make all c ections o modifications to any existing drainage structures which may be necessary as a part of the project and to discontinue or remove any such drainage structures deemed unnecessary as a result thereof. D. To pay or assume all costs or fees which may be hereafter imposed locally to treat or dispose of any storm water collected and discharged from the underground drainage structures co nstructed, installed o modified as a part of the project. ' S. To prohibit the disposal of sewage into the underground drainage structures constructed, installed or modified as a part of the project. F. To install, operate and maintain street lighting sufficient to provide auaverage lighting intensity of 0.2 foot candle throughoutthe entire length of the project. 93-482 4195.30/IM-395-8(97) Form Ed. 9/22/93 Page 3 of 4 Pages G. To maintain all pavement markings and traffic control signs included as a part of the project. H. To make all changes to any utility structure or apparatus owned by the City which may be necessary as a result of the project without cost to the State. Any changes made during the period of construction shall be coordinated with the contractor for the project. I. To save the State harmless from all claims for damages to any private underground utility structure, apparatus o service action within the limits of the project and to beresponsible for any =emoval, replacement, alteration or relocation thereof which may be necessary to permit construction of the project. Nothing in this paragraph shall be construed to deny the City the right to subrogate any such claims for damages. J. To be responsible for and to notify all utilities that, - cept in cases of emergency, n service opening permits for opening any pavement within the limits of the project shall be issued for a period of five (5) years from the date of completion of the project in accordance with the provisions of 23 M.R.S.A. Section 3351 et seg. K. To regulate the use of the right of. way of the highway within the limits of the project by all utilities, public and private, inaccordance with the provisions heretofore established by the as set forth in its publication entitled "Rules, Regulations and Policies, HIGHWAY OPENING PERMITS" dated July 1991, which are hereby incorporated into this Agreement by reference. L. To incorporate and make the specification entitled "Backfilling Requirements" a part of all service opening permits for work to be performed within the limits of the project, a copy of which specification is attached hereto and made a part hereof. M. To hold inviolate the right of way of the project, to keep the s clear and to remove all advertising signs, posters, billboards, roadside stands and private Installations which encroach upon the Limits of said right of way. N. To pass such ordinances as may be required to control all driveways, entrances or approaches to the highway within the limits of the project in accordance with the provisions of 23 M.R.S.A. Section 704. O. To pass such ordinances as may be required to prohibit parking within the entire limits of the project. Attachment: "Backfilling Requirements" 93-482 419510/IM-395-8(97) Form Ed. 9/22/93 Page 4 of 4 -Pages IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate on the day and year first above written; the STATE OF MAINE, acting by and through its Department of Transportation, by its Commissioner, hereunto duly authorized, and the CITY OF BANGOR, acting by and through its City Manager, hereunto duly authorized by the City Council on I a written record or statement thereof being attached hereto and made a part hereof. STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: Dana F. Connors, Commissioner CITY OF BANGOR By: Witness Edward A. Barrett, City Manager BACKFILLING REQUIREMENTS Backfill material shall be fine, readilycompressible soil o granular material, at o eoptimum moisture content, and shall not contain stones larger than3 near optimum frozen lumps, chunks of clay, mineral matter or any other objectionable material. The material shall be uniformly distributed In layers of not more than 8 inches, loose m and each layer thoroughly compacted by u of approved compaction before successive e layers are placed. When backfill is being placed around uacpipe o structure, operations shall be so conducted that -the fill is always at approximately the s elevation n both aides of the structure. Water shall be added when necessary to increase the moisture content of the backfill material to obtain compaction. Puddling or jetting of backfill will not be allowed. All sheeting and bracing used during excavation shall be removed by the utility following the completion of the work, and all voids resulting from the use of the sheeting and bracing backfilled where necessary unless otherwise directed by the Department's Engineer.