HomeMy WebLinkAbout1984-08-13 84-300 ORDER84-300
Introduced by Councilor Brown, Auuuat 13, 1956
CITY OF BANGOR
(TITLE.) (Drber,--AAtherdaiog City Manager to.. Enter into., Agreement with
MDOT - Cilia Road, Hammond Street, Maine Avenue Reconstruction
.................... ........... ............. ........ _.._. ........
By the City Cousal of W City ofBanyor:
ORDERED,
THAT the City Manager be and hereby is authorized to enter
into the attached City Agreement with the Maine Department of
Transportation relative to the mutual responsibilities of the
City and the State in regard to the reconstruction or the inter-
section of Smeared Street with Maine Avenue and Odlin Road, to
be done under the Federal Urban Program.
STATEWM OF FACT:
This is the standard MOT Agreement which precedes the ad-
vertisement for bide for the subject project.
89-300
-0R DER
IN CITY COUNCIL
August 13, 1984
Title,
pa
ed
A thb nqzycity Manager to 0rtei a
Deputy ity
Clerk
Agreement ✓itb MW - Odlin Road,
eat, Mine Avenue Reconstruction
'
,Introduced and filed by
y
i
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8
86-300
Bangor
58.00/M-1570(1)
January 23 1984
Page 1 of € Pages
THIS AGREEMENT, made this day of 1984, by and between the
State of Plaine acting by and through its Department of Transportation,
hereinafter referred to as the State and the City of Bangor; Penobscot
County, a body corporate, by and through its City Manager hereinafter
referred to as the City;
Witnesseth, that
WHEREAS, the State is planning intersection improvements to Odlin Road,
Hammond Street, and Maine Avenue intersection, and;
WHEREAS, the City agrees such work is necessary;
NOW THEREFORE, the Parties agree as follows:
I. The State agrees to do the following:
A. To award a contract under Federal Aid Project No. M-1570(1)
hereinafter referred to as the Project, substabtlally in
accordance with the plans prepared by the State and generally
described as follows:
The proposed project redefines the intersection of Odlin Road,
Maine Avenue and Hammond Street, it begins on Odlin Road about
600 feet southerly of the intersection of Maine Avenue and
Hammond Street at Station 12+00. It then extends northerly on
new location to the intersection of Maine Avenue and Hammond
Street at about Station 18+00; it then continues northerly about
400 feet along Maine Avenue toStation22+00.
Hammond Street will be relocated slightly to the south where it
meets relocated Odlin Road to form a "T" intersection affording a
more right-angled approach.
Bangor
58.00/M-1570(1)
January 23,-1984
Page 2 of 6 Pages
B. To construct a drainage system adequate to handle all normal
surface and sub-surfacewater for the entire Project, and to
connect portions of this drainage system into the existing
systems, eliminating any drainage structures deemed unnecessary
as part of the Project.
C. To acquire and payforall land, rights in land, and buildings
necessary to construct and maintain the Project, except those
donated by the City to the State.
D. To provide pavement markings and traffic control signs as
necessary on a first-time basis.
II. AND the City agrees to do the following:
A. To approve the layout and construction of Federal Aid Project No.
M-1570(1) described in Item I above under "the State agrees".
B. To donate to the State all land or rights in land owned by the
City which are required for the Project.
,C. To pay to the State in accordance with the "Memorandum of
Understanding" the "Municipal Share", an amount not to exceed
$64,000.00, representing 20% of the "Total Estimated Cost", which
is $320,000.00.
D. To the terms set forth in the attached Special Provision,
"Construction Area".
E. To authorise the State to alter or eliminate any drainage or
drainage structures deemed unnecessary as part of the Project.
F. when "Extra Work Orders", or "Change Orders" are initiated by the
City, the City will document its willingness to pay for the
additional work by notifying the State's Bureau of Construction
representative in writing and reimburse the State accordingly:
Bangor
58.00/M-1570(1)
January 23, 1984
Page 3 of 6 Pages
1. If no Federal participation is approved, then the City will
pay the entire cost for the additional work.
2. If Federal participation is approved, then the City will pay
only the non -Federal share of the cost for the additional work.
G. To pay or assume any and all costs (if required) for. the _
treatment and ultimate disposal of any discharge from storm
drainage systems constructed as part of the Project.
H. To pass such ordinances as may be required to prohibit parking
within the entire limits of the Projects.
1. To pass such City ordinances as may be required to control all
entrances to the highway constructed as part of this project or
as may be constructed in the future in accordance with Title 23,
M.R.S.A., Section 704 or as may be amended.
J. To eliminate and prohibit disposal of any open sewage within the
limits of the Project.
R. To make such changes within the City fire alarm system, Qat}
--,14.5-�--' i and City street lighting, including service
connections, manhole adjustments and other City owned and
maintained utility fixtures (if existing) without expense to the
State as may be required as a result of the Project. Any changes
made during the construction of the Project will be coordinated
with the contractor's operations.
Bangor
58.00/M-1570(1)
January 23, 1984
Page 4 of 6 Pages
nmm.w.l��+ewia«amnms rab prem.. -s-. i
N. To be responsible for and to notify all utilities that, except in
the case of any emergency, no service opening permits for opening
any pavement within the limits of the proposed project will be
issued for a period of five (5) years from the date of the
Project.
N. To regulate (where the control of utilities using the highways is
delegated to the City), the use by all public and private
utilities of any portion of the right-of-way of the highway
within the Project in accordance with the Maine Department of
Transportation, Bureau of Highways, "Rules, Regulations and
Policies, HIGHWAY OPENING PERMITS", dated July 1, 1978.
0. To hold inviolate the right of way for the Project and agree that
no advertising signs, posters, billboards, roadside stands or
other private installation shall be permitted within the said
right of way limits and any such beforementioned items now within
the limits of the existing right of way shall be removed by or
under direction of the City.
P. To make the attached "Backfilling Requirements" a part of all
service opening permits for work within the limits of the Project.
Bangor -
58.00/M -1570(1)
January 23, 1984
Page 5 of b Pages
Attch:
"Backfilling Requirements"
"Memorandum of Understanding"
"Special Provision - Construction Area"
Bangor
58.00/M-1570(1)
January 23, 1984
Page 6 of 6 Pages
IN WITNESS WHEREOF THE PARTIES TO THIS AGREEMENT HAVE EXECUTED IN TRIPLICATE -
these presents on the day and year first above written, the State of Maine
by its Acting Commissioner of the Department of Transportation, hereunto
duly authorized, and the City of Bangor by its City Manager duly authorized
by Council Order dated , an attested true copy being
attached hereto and made a part hereof.
STATE OF MAINE
WITNESS: DEPARTMENT OF TRANSPORTATION
By:
DanLel Webster, Jr.
Acting Commissioner
CITY OF BANGOR
By:
o nPenn
Ma
City Manager
APPROVED AS TO FORM:
.D.O.T. - Chief Counae
BACKFILLING REQUIREMENTS
Backfill material shall be fine, readily compressible soil or
granular material, at or near optimum moisture content, and shall
not contain stones larger thatn 3 inches, 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 throughly compacted
by use of approved compaction 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
approximately the same elevation on both sides 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. _
Decmber 2, 1983
BPN(iCR
IiD1 AID TRO.IECP: M-1570(1) i TWN: Hammond-Cdlin-Heine Intersection
Pd0]ECf 0 A: 58.00 SWPE OF IrIXiK: Traffic Operational improvements
Whereas the subject project has been included in the Capital Investment
Program, contingent on local cost sharing, it is necessary for the city of
Bangor, bareirmfter referred to as the Municipality, and the (Mine Department
of Transportation, hereinafter referred to as the Department, to agree to a
project coordination and reimbursement procedure.
The Municipality must indicate their concurrence in these commitments, as
outlined, by signing the original of the Menorandum in the spaces provided and
return it to the Maine Department of Transportation, State House Station 16,
Augusta, Maine 04333, Artn: Ri.cherd A. Coleman, (Fief Engineer. This signed
document awst he received prior to the beginning or continuation of
preliminary engineering activities.
Definitions
1. Programmed Cost
'fie programmed cost of a project is the estimated cost
as s1r m in the Department's Capital Investment Program.
The programmed cost of this project is $300_000. Tnis
amount is far planning purposes only, since it is based
upon preliminary infornacion. Me project development
process will refine this figure using more detailed
inforsation and will provide the "total estimated cost"
to be used as a basis for the 'Tlunicipal Share." -
2. Total Estimated Cost
The total estimated cast of a project is the estimated
cost at the completion of the project developeant pro-
cess, including the cost of engineering, right-ofway,
construction, and otter items considered necessary to
satisfactorily complete the project, This amount will
be the basis for determining the 'Thmicipel Share" of
project cost.
u
3. Municipal Snare
the Municipal Share represents the portion of the total
estimated cost Of a project to be made available by the
Municipality. The Municipal Share of the subject project
is 20%.
H. Reimbi¢semenc
1. Prior to the beginning or continuation of the project dev-
elopment. process, the Municipality will forward a signed
copy of this Memorandum. This will acknowledge that the
level of the Municipal financial obligation toward this
Project indicated above is acceptable.
2. At the completion of project design and right -o£ -way
appraisal the Tepartment will ratify the Municipality of
the "total estimated cost" of the project which is to be
the basis of the payment expected from the Mdnicipality.
This notification will be contained within a Municipal/
State Agreement or will be by letter if on, Agreecent is
required for this project.
3. Our current schedule calls for advertising this project in
the Spring, 1984. The construction contract will be
awarded several weeks (usually [Those) after advertising
for bids. The M icipal Share will be required at that
time. Should the total estLwted cost of the project as a
result of contract award be different than the "Total
Estimated Cost," which determined the 'Municipal Share,'
then the Municipality will be responsible only for their
pro -rata share of the lesser amount.
4. The total financial obligation of the Municipality toward
this project will be completed with the action required by
Paragraph 3. above, -unless significant changes in project
scope during construction initiated by the Mnicipality
result in an increase in the 'Intal Estimated Cost." In
which case, the Municipality is expected to pay the entire
non federal portion of the increased cost.
MhT%11WmIM.OF MEMTAMDIMC Page 3
C. Project R elopment
1. The Department, during the project public prelcipscfon pro-
cess, will arrange for a meeting with the officials of the
Madcipality, if desired by the Ffisicipality, to review the
project limits, scope of work, etc., based on the best infor-
mation available at that time.
2. Additional reviews my be requested by either the Municipal-
ity or the Oeparement at any ,point in the project development
process.
3. A Municipal/State Agreement may be prepared by the State
formalizing the funding and will outline the work to be done
by the State and that which is to be performed by the
Municipality. If the Project's simplicity does not warrant
an Agreacent, than a letter will be developed indicating the
s munt of the "Municipal Share."
4. The Municipality and the Dep orseent retain the right to tarm-
inate the project at any time prior to the actual acquisition
of right-ofvay. Projects cannot be terminated by the Itni-
cipality subsequent to right -o£ -way acquisition without con-
currence by the Department.
a. projects terminated by the Municipality
The Municipality shall be responsible for the
entire non-federal share of the total expendi-
tures incurred against the project at the time
of termination.
b. Projects terminated by the Department
The Departmentshall be .responsible for the
entire non-federal share of the octal expendi-
tures incurred against the project at the time
of termination.
c. projects terminated by Mutual Agreement
Tia Municipality and the Department: will share
Proportionately, as with total project fund-
ing, in the responsibility for the non-federal
share of the total espenditvres incurred
against the project at the time of termination.
1-@uW OF 11H)WTAMM - - Page 4
This Memorandum becomes effective upon signature.
Approved by rte Maine Department of Transportation on
MA1NH DEP� OF TRANSPUTUTION
George N. Cam�p�belll,, Jar..,, Commissioner
am�v `v
ey: U%"^^�^��
Richard A. Col
Chief Engineer
The Municipal Officials of the city of Bangor, county of Penobscot agree to the
Coordination and Feisbursement procedure outlined above for the Federal Aid
project M-1570(1).
- (Title) (late)
Jo H. City Manager 12/15/83
(Title) (Date)
(Name) I (Title) (Date)
(mame) I (Title) (Date)
(Name) - (Title) (Daze)
Bangor.
N-15)0(1)
SPECIAL PROVISION
CONSTRUCTION AREA
A Construction Area located in the city of Ganger has been
established by the Maine State Department of Transportation in accordance with
the provisions of Title 29, Section 1703, Maine Revised Statutes Annotated.
The area is described as follows:
(a) The section of highway under construction from Ste. 12+00 to. Ste. 22+00 .
of the new construction centerline, plus approaches.
(b) State Highway FAU 1570 tites. 2 6 100) from Sta. 12+00to Sta. 22+00
of the new construction centerline, plus approaches.
The State Department of Transportation or the State's Engineer may, issue permits
for stated periods of time for moving construction equipment without loads, low -
bed trailers with overloads, over -height, -oer
width o over -length equipment o
e
materials o all State maintained sections describedinthe "Construction Area"
n
above and i addition may issue permits for stated periods of time for moving
over -weight
vehicles and loads over the section described in (a) above. The right
torevoke such a permit at any time is reserved by the State Department of Trans-
portation and the issuance of such permits shalt be subject to any Special provisions
of Supplemental Specifications written for this project.
A Temporary Permit for ,each trust may be issued by the State Department of Trans-
portation or the State's Engineer for moving Contractor'snatruction equipment
used on.the project which exceeds the legal limits (shovels, bulldozers, etc.) to
sources of construction material over highways maintained by the State reasonably
within the area of the project. -
'The Municipal Officers of the city of Bangor have agreed that
A permit will be issued to the Contractor for the purpose of hauling loads i
excess of the limits as specified in Title 29, Maine Revised Statutes Annotated, on
the town ways as described in the "Construction Area" and that single move permits
will be issued for moving Contractor's construction equipment used on the project
which exceeds the legal limits (shovels, bulldozers, etc.) to sources of construction
material over town ways reasonably within the area Of the project.
In the event it i Necessary to transport gravel, borrow or other construction
material in legallyegistered vehicles carrying legal loads over town ways, a
Contractor's Head of not more than Five Thousand Dollars ($5,00.00) per mile of
traveled length may be required by the town, the exact amount of said bond to be
determined prior to use Of any town way. -
The maximum speed limits for trucks Onany town way will be twenty-five (25) miles
Paz hour, unless a higher legal limit is specifically agreed upon, in writing, by
the Municipal Officers concerned.
or
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