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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. - Cerni Hee � p. e Manager'sCom'9 n: 7dN )5 ik Sx m�f C(�o SSC CGyJ?f #VX/ /o NWS, C �kc cviiwr rm/2�°mrn �clir mfJ'1,41")ad °.le )"Ife r i1 relomms/r/ bylYu tH/Qj ✓ivr' vMo* �/ha tiy / Jon e'eW�arf%lTz h94 Cay M=g" {lsl Associated Information: (Jifpr AsrermraJ Budge[ Approval: - Finv ce Dire Legal Approval: .ry S' mit,, 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.