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HomeMy WebLinkAbout1988-02-08 88-110 ORDERBB -I10 Introduced by Councilor Tilley, February 8, 1981! CITY OF BANGOR (TITLE.) (Drlberf Authorizing Interim. City Manager to Enter into an Agreement with the State of Maine - Main Street and State Street Improvements BV aw MY COmlmH of Sid City ofBamwr: ORDERED, THAT , WHEREAS, the City of Bangor, by Council Order No. 86-19 passed January 27, 1986, has entered into a Memorandum of Understanding with the Maine Department of Transportation for the Improvement of State Street between Hancock Street and Hogan Road, including the appropriation of $34,000.00 as the local share; and WHEREAS, by City Council Order No. 86-129 passed June 9. 1986, the City has entered into a Memorandum of Understanding for the improvement of Spin Street between Union Street and Dutton Street, including the appropriation of $86,000.00 for the local share; and WHEREAS, the Maine Department of Transportation is presently ready to advertise for bide for the construction of these Improvements to be undertaken this year; and WHEREAS, the current estimate of the local share of the Main Street improvements has Increased to $105,000.00, and the estimated local share of State Street has decreased to $24,000.00; NOW, THEREFORE, Be It ORDERED, THAT the Interim City Manager be and hereby is authorized to enter into a Municipal/State Agreement between the City of Bangor and the State of Maine for the improvement of State Street and Main Street. a copy of which is on file in the City Clerk's Office; and be It further ORDERED, THAT an additional eon of $9000.00 be transferred from the Reserve for Future Construction, General Fund, and the am of $10,000.00 be transferred from Account No. 52-60-20 (5253), State Street improvements, said amounts to be added to existing Account No. 52-60-20 (5238), Min Street Improvements, to cover the City's estimated share of the revised project costs. �:• 88-310 ORDER IN CITY COUNCIL .aa 0_q P2:12 February 8, 1988 _ Title, Vo Passed " An[fioriziup Interim CI[y Mana�ei OR GG 8f BANCLERK 1 CIiY CIE0.R C TY CLEPK r tv enter into av reement ..li..vh. the ....A&....... Stare of Naine - Main Street and State E[ieeC Improv Introduced and filed by _ / ComciLran 88-110 MUNICIPAL/STATE AGREEMENT BETWEEN THE SLATE OF MIR AND TBE CITY OF RAN(AR REGARDING RESURFACIIN; INPRQJOfENIS FED®UL AID PROJECT NO. F-043-1(47)/PIN 2642.00, MAIN STREET FECFRPL AID Ht0.1ELT NO. M 1401(4)/PIN 2662.00, STATE STREEr This APAEFY1FNr is made this day of , 1988, by and between the STATE OF MAINE, actiop by and through its Department of Transportation, hereinafter referred to as the State, and the CITY OF B NDON, in the County of Penobscot, a body corporate and politic, hereinafter referred to as the City; Witnessetb, that WHEREAS, the State is planning to sake certain inprovesints to Nain and State Streets in Danger, and; WHERE45, the City desires such inpro menta, and; WHEREAS, the proposed iaprovesents are within the compact urban area as heretofore established by the State pursuant to the provisions of 23 M.R.S.A. Section 754, and; WHEMIU31 the City has certain statutory responsibilities within the compact urban area; PIN/Project 2642.00/F-043-1(47) & 2662.00/M-1401(4) Form 1/21/88 Page 2 of 10 Pages NUJ THEREFORE, the Parties agree as Follows: I. the State agrees to the following: A. To award a contract to make certain improvements to Main Street under Federal Aid Project Nt. P-043-1(47) beginning at Dutton Street and extending northerly a distance of 0.80 mile to Union Street, including widening and pavement overlay, construction of a concrete flush median between Dutton and Buck Streets, drainage improvements and modification of traffic signals along Main Street at Dutton, Buck, Railroad and Cedar Streets, all in accordance with the plans and specifications prepared by the State. B. To award a contract to resurface State Street under Federal Aid Project No. M-1401(4) beginning at Hancock Street and extending easterly a distance of 0.93 mile to Hogan Road in accordance with the plans and specifications prepared by the State. C. To set in concrete all granite curbs to be set or reset along Main Street under Federal Aid Project No. F-043-1(47), subject to the reim- bursement provisions hereinafter tee forth under Section II, Paragraph D. D. To construct a 160 -fort long layby consisting of 8 parking stalls along the easterly side of Main Street nearly opposite the corner of Main and Patten Streets under Federal Aid Project No. F-043-1(47), the specific location and design of which is more particularly shown on the plans for the project, subject to the reimbursement provisions hereinafter set forth under Section II, Paragraph E. PIN/Project 2642.00/F-043-1(47) & 2662.00/M-1401(4) Form 1/21/88 Page 3 of 10 Pages E. To allow the City to install certain uanboles and underground conduit at their expense as hereinafter provided oder Section II, Paragraph G. F. To acquire and pay for all property and property rights deemed neces- sary to construct and perpetually vaintain the projects hereinbefore described. G. To provide pavement markings and traffic control signs as necessary on a first -tine basis. if. AND the City agrees to the following: A. To approve and does hereby approve the layout and construction of Fed- eral Aid Projects No. F-043-1(47) and N-1401(4) as hereinbefore de- scribed under Section 1, Paragraphs A and B above. B. To pay to the State upon receipt of an invoice following contract award, $105,000 or one-half of the non-federal share of the total esti- mated cost of Federal Aid Project Na. F-043-1(47) based upon an en- gineer's estimate derived free the bid prices obtained as a result of such award, whichever is less, as further described in a Mavorandee of Understanding regarding said project attached hereto and madea part hereof. C. To pay to the State upon receipt of an invoice following contract award, $24,000 or 20% of the total estirated cost of Federal Aid Pro- ject I . M-1401(4) based upon an engineer's estimate derived frau the bid prices obtained as a result of sucb award, whichever is less, as further described in a Mamorandun of Understanding regarding said pro- ject attached hereto and made a part hereof. PIN/Project 2642.00/F-043-1(47) & 2662.00/M-1401(4) Form 1/21/88 Page 4 of 10 Pages D. To pay to the Stere upon receipt of an invoice following contract award, all of the cost m set in concrete all granite curbs to be set or reset along Main Street under Federal Aid Project No. F-043-1(47) as hereinbefore provided under Section I, Paragraph C, including all an- gineering and overhead costs associatedtherewith, based upon an en- gineer's estimate derived from the bid prices obtained as a result of such award. A final determination of cost shall be made by the State upon completion of construction based upon final quantities Mich shall generate either an invoice for payment or a refund to the City, which- ever is applicable. E. To pay to the State upon receipt of an invoice following contract award, all of the cost to construct the base and pave the layby to be constructed along the easterly side of Main Street under Federal Aid Project No. F-043-1(47) as hereinbefore provided under Section I, Para- graph D, including all engineering and overhead costs associated there- with, based upon an engineer's estimate derived from the bid prices obtained as a result of such award. A final determination of cost shall be made by the State upon completion of construction based upon final quantities which shall generate either an invoice for payment or a refund to the City, whichever is applicable. F. To pay all of the non-federal share of the additional costs resulting from any Extra 41ovk Orders or Change Orders initiated by the City by notifying the State's Construction Division representative in writing of the willingness to pay the cost for all additional work and to make reimbursement as follows: PIN/Project 2642.00/F-043-1(47) S 2662.00/M-1401(4) Form 1/21/88 Page 5 of 10 Pages 1. In the event that no federal participation is approved for the additional work, the City shall pay the entire additional cost for such work. 2. In the event that federal participation is approved, the City shall pay only the non-federal share of the addition cost for such work. G. To install manholes and underground conduit across Main Street at Sock, Lincoln avd Railroad Streets, and further, the City agrees: 1. To replace with concrete all of the existing concrete pavement which the City excavates during the installation of the condoit. 2. To assume all costs associated with such work. 3. To accomplish all work in a workman like manner in accordance with the plan and specifications heretofore agreed to by the parties. 4. To accomplish all work as soon as possible following contract award and coordinate all such work with the State's contractor for Fed- eral Aid Project Nu. F -W3-1(47). H. To authorize and cars hereby authorize the State to make all connec- tions and modifications to the existing drainage system which in its judgment is necessary under Federal Aid Project No. F-043-1(47) and to alter or discontinue all drainage structures deemed unnecessary as a result of such modifications. I. To pay or assume all costs for the treatment and ultimate disposal of all discharge from the storm water drainage systmu constructed, madi- fied or install under Federal Aid Project No. F-043-107). PIN/Project 2642.00/F-043-1(47) & 2662.00/241401(4) Form 1/21/88 Page 6 of 10 Pages J. To continue to maintain street lighting within the limits of the pro- jecis bereinbefore described sufficient to provide no less than a mini- mum average lighting intensity of 0.2 foot curdles and to assume all operational Coats incidental thereto. K. To assure all maintenance and operational costs for the traffic signal and all related equipment to he installed or modified under Federal Aid Project No. F-043-1(47) as hereinbefore described under Section I, Paragraph A, and further: _ 1. To expeditiously correct or repair all deficiencies or malfunctions in the signals as required. 2. To preserve the visibility of the signals by causing all visual impairments to be removed. 3. To make the traffic signals and all related equipment when removed and replaced the property of the State without cost to the State. L. To maintain pavement markings and traffic control signs as necessary. M. To make changes to all municipally -owned utility facilities within the limits of me projects hereinbefore described such as fire alarm sys- tam, street lighting, water mains, sewer lines, service connections and manhole Adjustments as may be required as a result of the proposed improvements without cost to the State. All changes made during the period of construction shall be coordinated with the State's contractor for said projects. PIN/Project 2642.00/F-0 3-1(47) & 2662.00/M-1401(4) Form 1/21/88 Page y of 10 Pages N. To save the State harmless from all claims for damages to private un- derground utility installations where the locations may not be shown on the plans for the projects hereinbefore described and to be responsible for the removal, replacement, alteration or relocation of any existing private underground utility installation such as wires, water linea, sewer and drain pipes as my be necessary and required to permit construction of the proposed improvements within the limits of said projects. Nothing in this paragraph shall be construed to deny the City the right to subrogata any such claims from damages. 0. To be responsible for and to notify all utilities that except in cases of urgency no service opening permits for opening any pavement within the limits of the projects bereinbefore described shall be issued for a period of five (5) years from the date of said projects. P. To regulate in cases where the control of utilities using the highway is delegated to the municipality, the use of the. right of way of the highway within the limits of the projects bereinbefore described by all utilities, public and private, in accordance with the provisions of "Rules. Regulations and Policies, HIGHMkY UMNG PERMITS" as estab- fished by the Department of Ttansportation dated July 1, 1978. Q. To incorporate and make the specification entitled 'Backfilling Re- quirements" a part of all service opening permits for work to be per- formed within the limits of the projects hereinbefore described, a copy of which specification is attached hereto and made a part hereof. PIN/Project 2642.00/F-043-1(47) & 2662.00/M-1401(4) Form 1/21/88 Page 8 of 10 Pages R. To bold inviolate the rights of way for the projects bereinbefore des- cribed, to keep the same clear and remove all advertising signs, post- s, billboards, roadside stands and private installations which en- croach upon the limits of such rights of way. S. To pass such municipal ordinances as may be required to control all entrances to the highway within the limits of the projects hereinbefore described in accordance with the provisions of 23 M.R.S.A. Section 704.- T. To pass such municipal ordinances As may be required to prohibit park- ing along Main Street within the limits of Federal Aid Project No. F-043-1(47) except at the locations where parking may be permitted as hereinafter provided under Paragraph U below. U. To pass such municipal ordinances as may be required to control parking along Main Street within the limits of Federal Aid project No. F-043-1(47), where parking is permitted, 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 the terminus ofthecorner radius. 4. To prohibit parking within 10 feet of any entrance. 5. To prohibit parking within 15 feet of any hydrant. 6. To restrict parking to the allowable areas within the following limits as shown on a parking plan prepared by the State, the base- line stationing referred to herein and shown on said plan being the same as established for Main Street under Federal Aid project No. F-043-1(47), to wit PIN/Project 2642.00/F-043-1(47) 6 2662.00/M-1401(4) Form 1/21/88 Page 9 of 10 Pages a) 21 parking stalls to be established along the westerly aide of Pain Street between Sidney and Davis Streets beginning at about Station 74+39LT. and extending northerly to about Station 83+10LT. b) 8 parking stalls to be established in the layby, so-called, to be constructed at the request of the City along the easterly side of Main Street southerly of and opposite Patten Street beginning at about Station 77WBRT. and extending northerly a distance of 160 feet to about Station 794C8RT. c) 10 parking stalls to he established along the westerly side of Main Street northerly of Cedar Street beginning at about Station 94+53LT. and extending northerly to about Station 97+15LT. IStac]hmeats: "Backfilling Requirements" 'Mffinrandums of Oaderstanding" PIN/Project 2642.00/F-043-1(47) S 2662.00/M-1401(4) Form 1/21/88 Page SO of 10 Pages IN WITNESS NHEI JF, the parties have executed this Agrement in triplicate on the day and year first above written; the MIE OF MAINE, acting by and through its Department of Transportation, by its Commissioner, hereunto duly authorized, and We CITY OF K4NWR, acting by and through its City Manager, duly authorized by Council Otder dated an attested true copy being attached hereto and made a pert hereof. STATE OF MAINE DEPARTMENT OF TBANSPORTATION By: Dare F. Connote, Commissioner By: random h. small, Acting City Manager APPROVED AS TO FORM: M. D.O.T. Counsel late BACKFILLING RFSIBIREfff.NPS Backfill material shall be fine, readily compressible soil or granular material, at or near optimum moisture content, and shall not contain stones larger than 3 inch- , frozen Imps, chunks of clay,ral matter or any other objectionable mater- ial. The material shall be uniformly distributedin layers of not more than 8 inches, loose measure and each layer throughly compacted by use of approved compac- tion before successive layers are placed. when backfill is being placed around a pipe or structure, operations shall be so conducted that the fill is always at pp oximmely the same elevation on both sides of the structure. Water shall be added when necessary to increase the misture 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. MEMORANDUM OF UNDERSTANDING Between the STATE OF MAINE and the CITY OF BANGOR Regarding Federal Aid Project No. F-043-1(47) PIN 2642.00 WHEREAS a project to make certain improvements to Main Street in Bangor, beginning on the northeasterly aide of Interstate 395 at Dutton Street at the end of Federal Aid Project No. I-395-8(88) and extending northeasterly 0.80 mile to Union Street, consisting of overlay, curb adjustment and/or replacement and the construction of a concrete fifth lane from Buck Street to Larken Street, has been included in the 1986-1987 Transportation Investment Program contin- gent upon one-half of the non -Federal share of the total project cost being provided by the local community, and; WHEREAS it is necessary for the STATE OF MAINE, acting by and through its Department of Transportation, hereinafter referred to as the Department, and the CITY OF BANGOR, hereinafter referred to as the Municipality, to agree to coordination and reimbursement pro- cedure for this project, and; WHEREAS the Municipality must indicate its commitment to this pro- ject by signing the original copy of this Memorandum in the spaces provided and returning it to the Maine Department of Transportation, State House Station 816, Augusta, Maine 04333, Attn: Richard A. Coleman, Chief Engineer, prior to the advancement of preconetruction. activities; NOW THEREFORE, the parties agree to the coordination and reimburse- ment procedure for this project as follows: MEMORANDUM OF UNDERSTANDING Page 2 A. DEFINITIONS 1. LATEST ESTIMATED COST: The estimated cost of the pro- ject as developed or revised during the development of the project based upon preliminary information. Cur- rently, the Latest Estimated Cost of this project is $600,000. This cost figure is intended for planning purposes only and will be amended and updated based upon a detailed estimate once the project development process is complete prior to advertising for bids. 2. TOTAL ESTIMATED COST: The updated and more detailed - estimated cast of the project as determined at the com- pletion of the project development process prior to advertising for bide. This cost figure is based upon the detailed Engineer's Estimate and includes in ad- dition to construction items, all engineering and right of way costs necessary to satisfactorily complete the project. It shall become the basis for determining the upper limit of the Municipal Share of the project Cost to be paid by the Municipality as hereinafter provided. 3. MUNICIPAL SHARE: That portion of the project cost to be paid by the Municipality based upon one-half of the non -Federal share of the Total Estimaced Cost of the project as determined prior to advertising OR immediate- ly following contract award, whichever is LESS. 4. NON-FEDERAL SHARE: The Federal participation rate for this project is 75.1% of the total project cost, there- fore, one-half of the non -Federal share for this project can be figured at the rate of 12.45%. MEMORANDUM OF UNDERSTANDING Page 3 B. REIMBURSEMENT 1. Prior to the advancement of the project development pro- cess, the Municipality shall forward the signed original copy of this Memorandum to the Department, thereby acknow- ledging that the level of local funding towards this pro- ject as stated herein is acceptable to the Municipality. The Department shall complete the signature process and return a copy of the fully signed Memorandum. to the Muni- cipality. 2. Upon completion of the project development process and prior to advertising for bids, the Department shall notify the Municipality of the Total Estimated Cost of the pro- ject as determined in accordance with Paragraph A.2 above, which shall become a basis for determining the Municipal Share, this basis may be modified later if the bid prices as a resultof contract award are LESS than estimated prior thereto, in which event, the LOWER of the two cost figures shall be used as the final basis for determining the Municipal Share. An Agreement may be required for this project prior to advertising for bide. The Municipal Share and the basis for its computation shall be contained in such an agreement or in a letter if no agreement is required. 3. According to preliminary estimates this project is scheduled for advertising in June of 1987 and based upon past schedules, the contract for the construction thereof should be awarded 3 to 4 weeks subsequent thereto, at which time, the Department shall advise the Municipality of the amount and basis for the Municipal Share then due. MEMORANDUM OF UNDERSTANDING Page 4 4. The to Cal financial obligation of the Municipality towards Chia project shall be completed upon payment of the Muni- cipal Share as hereinbefore provided, EXCEPT for any addi- tional coat resulting from changes requested by the Muni- cipality during the construction phase, in which event, the Municipality shall be expected to pay all of the non - Federal share n - Federal -share of the additional cost therefor. C. PROJECT DEVELOPMENT 1. During the public participation process, the Department shall arrange for a meeting with the Municipality to review the details of the project. Additional reviews may be requested by sitter party at any point .during the project development process. 2. Upon completion of the project development process an Agree- ment may be prepared by the Department and forwarded to the Municipality formalizing the funding arrangement outlined herein and setting forch additional Lerma and conditions required of the parties hereto prior to advancing this pro- ject to the construction phase. In the event no agreement is required„ a letter may be substituted therefor indicating the Municipal Share due upon contract award. 3. The Department and the Municipality hereby retain the right to terminate the project at any time prior to the acquisition of right of way. It is expressly understood that this pro- ject will NOT be terminated by the Municipality subsequent to the acquisition of right of way WITHOUT first obtaining the approval of the Department. a. In the event the project is terminated at the request of the Municipality prior to the completion of con- struction, the Municipality shall become responsible for, the entire non -Federal share of she total expenditures incurred against the project at the time of termination. MEMORANDUM OF UNDERSTANDING Page 5 b. In the event the project is terminated by the Depart- ment-, the Department shall become responsible for the entire non -Federal share of .the total expenditures in- curred against the project at the time of termination. C. In the event the project is terminated by mutual consent of the parties hereto, the Municipality shall become responsible for one-half of the non -Federal share of the total expenditures incurred against the project at the time of termination, consistent with the Municipal Share set forth in Paragraph A.3 above, and the Department .shall become responsible for the balance of the non - Federal share of the expenditures so incurred. D. APPROVAL 1. This Memorandum becomes effective upon approval and signature of the parties hereto. 2. By the Department on TVA Y yJr 19 $�^ MAINE DEPARTMENT OF TRANSPORTATION Dana F. Connors, Commissioner By: Chief Engineer m 3. By the Municipality on /� /•/ /4 , 193(, CITY OF BANGOR By: i yon Ct nags MEMORANDUM OF UNDERSTANDING Page 2 A. DEFINITIONS 1. PROGRAMMED COST: The estimated cost of the project as developed during the planning phase. This amount is intended for planning purposes only since it is based upon preliminary information. The Programmed Cost of this project is $170,000. This cost figure will be amended and updated based upon a detailed. estimate once the project development process Is completed prior to advertising for bide. 2. TOTAL ESTIMATED COST: The updated and more detailed estimated cost of the project as determined at the com- pletion of the project development process prior to advertising for bids. This cost figure is based upon the detailed Engineer's Estimate and includes inaddi- tion to construction items, all engineering and right of way costs necessary to satisfactorily complete the pro- ject. It shall become the basis for determining the upper limit of the Municipal Share of the project coat to be paid by the Municipality as hereinafter provided. 3. MUNICIPAL SHARE: That portion of the project cost to be paid by the Municipality based upon 20% of the Total Estimated Cost of the project as determined prior to advertising OR immediately following contract award, whichever is LESS. MEMORANDUM OF UNDERSTANDING Page 3 B. REIMBURSEMENT 1. Prior to the advancement of the project development pro- cess, the Municipality shall forward the signed original copy of this Memorandum to the Department, thereby acknow- ledging that the level of local funding towards this pro- ject as stated herein is acceptable to the Municipality. The Department shall complete the signature process and return a copy of the fully signed Memorandum. to the Muni- cipality. Upon completion of the project development process and prior to advertising for bids, the Department shall notify the Municipality of the Total Estimated Cost of the pro- ject as determined in accordance with Paragraph A.2 above, which shall become a basis for determining the Municipal Share, this basis may be modified later if the bid prices as a result of contract award are LESS than estimated prior thereto, in which event, the LOWER of the two cost figures shall be used as the final basis for determining the Municipal Share. An Agreement may be required for this project prior to advertising for bids. The Municipal Share and the basis for its computation shall be contained in such an agreement or in a Setter if no agreement is required. 3. According to preliminary estimates this project is .scheduled for advertising in July of 1986 and based upon past schedules, the contract for the construction thereof should be awarded 3 to 4 weeks subsequent thereto, at which time, the Department shall advise the Municipality of the amount and basis for the Municipal Share then due. MEMORANDUM OF UNDERSTANDING Page 4 4. The total financial obligation of the Municipality towards this project shall be completed upon payment of the Muni- cipal Share as hereinbefore provided, EXCEPT for any addi- tionelcost resulting from changes requested by the Muni- cipality during the construction phase, in which event, the Municipality shell be expected to pay all of the non - Federal share of the additional cost therefor. C. PROJECT DEVELOPMENT 1. During the public participation process, the Department shall arrange for a meeting with the Municipality to review The details of the project. Additional reviews may be requested by either party at any point during the project development process. 2. Upon completion of the project development process an Agree- ment may be prepared by the Department and forwarded to the Municipality formalizing the funding arrangement outlined herein and setting forth additional terms and conditions required of the parties hereto prior to advancing this pro- ject to the construction phase. In the event no agreement is required, a letter may be substituted therefor indicating the Municipal Share due upon contract award. The Department and the Municipality hereby retain the right to terminate the project at any time prior to the acquisition of right of way.. It Is expressly understood that this pro- ject will NOT be terminated by the Municipality subsequent to the acquisition of right of way WITHOUT first obtaining the approval of the Department. a. In the event the project is terminated at the request of the Municipality prior to the completion of con- struction, the Municipality shall become responsible for the entire non -Federal share of the total expenditures incurred against the project at the time of termination. MEMORANDUM OF UNDERSTANDING - Page 5 b. In the event the project is terminated by the Depart- ment, the Department shall become responsible for the entire non -Federal share of the total expenditures in- curred against the project at the time of termination. c. In the event the project is terminated by mutual consent of the parties hereto, the Municipality shall become responsible for 20% of the total expenditures incurred against the project at the time of termination, consist- ent with the Municipal Share set forth in Paragraph A.3 above, and the Department shall become responsible for the balance of the non -Federal share.of the expenditures so incurred. D. APPROVAL 1. This Memorandum becomes effective upon approval and signature of the patties hereto. 2. By the Department on Fabe'ar o . 1984:) MAINE DEPARTMENT OF TRANSPORTATION Dana F. Connors,^ -Commissioner By: Cot ort � Richard o eman Chief .Engineer 3. By the Municipality on January 30, , 1986 CITY OF BANGOR By: o F ynn C't nage[