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. - -
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❑Referral
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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.