HomeMy WebLinkAbout1990-08-27 90-307 ORDERnouncn Award
Date
8/27/90 Item No. 90-307
Item/Subject: Authorizing the City Manager to Enter INto an Agreement with the
State of Maine - Reconstruction of Broadway and Pushaw Road Intersection
Responsible Department: Engineering
Commentary:
The State of Maine is planning to reconstruct the intersection of
Broadway and Products Mad to improve the sight distance. As a
condition of that construction, MOT is requesting the City to
enter Into a Municipal/State Agreement pertaining to out obligation
to maintain adequate lighting. street signs, and pavement markings
after they are installed by the State, and to be responsible.for
the adjustment of City -awned utilities. This Order is recommended
for passage. -
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Associated Information:
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Legal Approval:
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Inir duced For loft
Passage
First Reading Page — of
❑Referral
90-30]
Assigned to Cunnrilor England, August 27, 1990
CITY OF BANGOR
(TITLE) (Orta -.Authorizing the _City Manager to.Enter.1fito.an Agreement with.. the
State of Mal Reconstruction of Broadway and Posters Dead Intersection
. _._.. ... ...... _ ._.... _.._. .....
By the My CoawaO of W qh of Da :
TORT the City Manager be and hereby is authorized to .enter into a
Agreement
with the State of Malne Department of Transportation, a copy of
which is on file in the office of the City Clerk, said Agreement pertaining
to the reconstruction of the Intersection of Broadway aid Pushaw Road. t0
be done as a Federal Aid project, with no cost to the City of Bangor.
In City Council August 27,1990
Passed
sC
ity Cle r
90-30]
O ROER
Title,
Authorizing the city Manager to
Enbe[ into 'on',Agreemenb with the
State Of Maine reC.onstruction of
................ ..................
Broadway and euahav head Intersection
Ae geed to
................................
Councilman
f
COPY 90-307 WUG 1 199D
MIMICIPAL/BTATE AGREE!ffiMl
BETWEEN THE STATE OF MANE
AND THE
CITY OF BANGOR
REGARDING
PROPOSED RECONSTRUCTION OF BROADWAY/ROUTE 15
FEDERAL AID PROSECT NO. HES-038P(38)/PIN 4273.00
This AGR5EMNIT is made this day of , 1990,
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 reconstruct a portion of Broadway,
also known as State Route 15, in Bangor to improve eight distance and
safety at its intersection with Pushes Road, so-called, and;
WHEREAS, the City desires such reconstruction, and;
WHEREAS, the proposed reconstruction of Broadway is within the urban
compact as heretofore established by the State, and;
WHEREAS, the City has certain statutory responsibilities within the
urban compact;
NOW THEREFORE, the Parties agree as follows:
1. The State agrees to the following:
A. To award and administer a contract to reconstruct a
portion of Broadway and relocate its intersection with
Pushaw Road in Bangor under Federal Aid Project No.
_- - TIES -038P(38), -hereinafter referredtoas the project, in
accordance with the plans and specifications prepared by
the State to which particular reference is hereby made for
a complete and detailed description thereof.
B. To acquire all of the necessary right of way required to
construct and maintain the project.
C. To allow the City t0 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 forth under Section II, Paragraph B.
4273.00/HES-038P(38)
Form Ed. 8/1/90
Page 2 of 4 Pages
II. ANO the City agrees to the following:
A. To approve and does hereby approve the layout and
construction of Federal Aid Project No. HES-038P(38).
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 plus
10% to cover engineering and overhead costa. All requests
for changes o additional work shall be made in writing to
the State's Construction Division acknowledging the
willingness to pay such cost. In the event that approval
is obtained for Federal participation in the cost thereof,
the additional coat may be reduced to the non -Federal
share of such additional cost.
C. To install, opeiate.and maintain street lighting
sufficient to provide a minimum average lighting intensity
of 0.2 foot candle throughout the entire length of the
project.
D. To maintain all pavement markings and traffic control
signs included as a part of the project.
E. 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 coat to the State. Any changes made
during the period of construction shall be coordinated
with the contractor for the project.
F. To save the State harmless from all claims for damages to
any private underground utility structure, apparatus or
service action within the limits of the project and to
be responsible for any removal, 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 subxogate
any such claims
s fo for damages.
G. To be responsible for and to notify all utilities that,
except 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.
H. To regulate the use
of the right of way of the highway
within the limits of the project by all utilities, public
and private, in
accordance with the provisions heretofore
established by the as set forth in its publication
entitled "Rules, Regulations and Policies, HIGHWAY OPENING
PERMITS" dated July 1, 1978, which are hereby incorporated
into this Agreement by reference.
4273.00/MS-038P(38)
Form Ed. 8/1/90
Page 3 of 4 Pages
1. 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.
J. To hold inviolate the right of way of the project, to keep
the same
clear and to r all advertising signs,
posters,billboards, roadside stands and private
installations which encroach upon the limits of said right
of way.
K. To pass such ordinances as may be required to control all
highway entrances within the limits of the project in
accordance with the provisions of 23 M.R.S.A. Section 704.
L. To pass such ordinances as may be required to control
parking where parking is allowed within the limits of the
project as follows:
1. To limit all parking to parallel parking.
2. To prohibit parking within 20 feet of any crosswalk.
3. To prohibit parking within 25 feet of theterminus of
thecornerradius of any intersecting street or road.
4. To prohibit parking within 10 feet of any entrance.
5. To prohibit parking within 15 feet of any hydrant.
Attachment:
"Backfilling Requirements"
4273.00/IIES-038P(38)
Form Ed. 8/1/90
Page 4 of 4 Pagee
IN WITNESS WHEREOF, the parties have executed this Agreement i
triplicate 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. _
Witness Dana F. Connors
Commissioner
CITY OF BANGOR
By:
Edward A. Barrett
City Manager
APPROVED AS TO FORM:
MOT Chief Counsel
Date
BACKFILLING REQUIREMITTS
Backfill material shall be fine, readily compressible 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 measure and each layer thoroughly compacted by u of approved
compaction before successive layers are placed. When backfill is
being placed around apipe or structure, operations shall be so
conducted that the fill is always at approximately the same
elevation
n both sides of the structure. Water shall be added. when
e
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.