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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 R_ 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 INTERNATIONAL BANGOR``' A aals)o(q AIRPORT / l 1560