HomeMy WebLinkAbout1981-10-13 81-297 ORDERI
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introduced by Councilor Soucy, CctoEel 12, 1981
CITY OF BANGOR
(TITLEJ @rbrr, Authorizing Q ty Manager to, Enter into,., Agreement with
MOT - St_llW,ater,_Aventa and.&ogan Rpad Reconstruction
BY City Cm,ndd of Bee City OfBaVM
ORDERED,
THAT the City Manager be and hereby is authorized to enter
into the attached Agreement with the Maine Department of Trans-
portation relative to the reconstruction of Stillwater Avenue
from the Queen City Mobile Home Park to Hogan Road, and the
reconstruction of Hogan Road from Stillwater Avenue easterly
to the vicinity of the A -Mart entrance, to be undertaken under
the Federal Urban Program, and be it further
ORDERED, - i
THAT the sum of Minety-one Thousand One Hundred Twenty-
five Dollars (5.00) be authorized for expenditure from
Fordt
the State Aid Fund to cover the balance of the City's abate
of said construction, as outlined in the previously executed
Memorandum of Understanding dated February 4, 1980, a copy of
which is attached hereto.
her.
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IM Cixx CCUNCIL - 0 R Q E R
October 13. 1961
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Title,
'81 IY�i -8 P2:28
repay, city Clen tM zing, City Manager to Enter ty
CI CIi YI CLEO
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A event w.i MOT Stillwater.
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Bangor M-1510(1)RM-1490(3)
Page l of J Pages
August 28, 1981
C I T Y A G R E E M E N T
THIS AGBSEMINT, made this day of , 1981, 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, Penobscot County, a body corporate, by and through its City
Manager hereinafter, referred to as the City;
Witnesseth, that
WHEREAS, the State is planning the reconstruction of a portion Of
Stillwater Avenue and Hogan Brad, and;
WHEREAS, the City agrees such work fa necessary;
NOW THEREFORE, the Parties agree as follows:
1. The State agrees to do the following:
A. TO award a contract for reconstruction of portions of
Stillwater Avenue and Hogan Road under Federal Aid
Projects Numbered, M-1510(1) and M-1490(3) hereinafter
referred to as the Project, substantially in accordance
with the plans prepared by the State and generally
described as follows:
Project M-1510(1), Stillwater Avenue - Begins at Station
24+00 near the northerly end of a prior city project and
extends northerly a distance of 1.086 miles to the
intersection with Hogan and Kittridge Roads. The proposed
Bangor f4 1510(1)&M-1490(3)
Page 2 of 7 Pages
August 28, 1981
improvement consists of two 12 foot wide traveled lanes with
8 foot paved shoulders and curbing, except for the easterly
side, from Station 33+50 to, Station 82+00 where the shoulder
pavement will be 14 feet wide to provide a turning lane to
the shopping center. A new sidewalk will be constructed
from Station 27+52 to Station 35+48 on the easterly side of
the road.
Project M-1490(3), Sagan Road - Begins at Station 223+75 at
the northern terminus of prior project numbered 0P-1490(1),
and extends northerly 0.134 miles to the intersection of
Hogan Road and Kittredge Road. Theimprovement consists of
two 12 foot traveled lanes with 8 foot paved shoulders and
curbing except from Station 229+50 to Station 230+87.70 on
the easterly side where the pavement will be 14 feet wide at
the shoulder to provide a right -turn lane. The existing
traffic island near the "K -Mart" entrance will be altered
alightly to acccommodate the new alignment and width of the
roadway.
B. To construct a drainage system adequate to handle all
normal surface and sub -surface water 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.
Bangor M-1510(1)sM-1490(3)
Page 3 of 7 Pages "
August 28, 1981
C. To acquire and pay for all 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.
I1. AND the City agrees to do and perform the following,
A. To approve the layout and construction of Federal Aid
Projects No. M-1510(1) and M-1490(3) 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 the "Community Mare" of the cost of
the Project in accordance with the terms set forth in the
attached "Memorandum of Understanding" dated February 4,
1980.
D. To the Lerma 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. To pay or assume any and all costa (if required) for the
treatment and ultimate disposal of any discharge from
storm drainage systems constructed as part of the Project.
Bangor M-1510(1)aM-1490(3)
Page 4 -of'] Pages
August 28, 1981
G. To pass such City ordinances as may be required to
control parking within the limits of the Project as
follows:
1. To limit parking to 'parallel parking'.
2. To prohibit parking within 20 feet of any crosswalk.
3. To prohibit parking within 25 feet of the terminus of
the corner radius along the curb line at street
intersections.
4. To prohibit parking within 10 feet of any entrance.
5. To prohibit parking within 15 feet of any hydrant.
H. 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.
I. To eliminate and prohibit disposal of any open sewage
within the limits of the Project.
J. To make such changes within the City fire alarm system,
City. sewers. City water 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 M-1510(1)aM-1490(3)
Page 5 of 7 Pages -
August 28, 1981
K. To assume all claims for damages to private underground
utility -type installations where the locations may not be
shown on the plane for this Project, also to be
responsible for the removal, replacement, alteration, or
relocation of any existing private underground
utility -type installation (such as wires, water, sewer,
drain pipes) as may be necessary to permit construction of
the Project within the previously described project limits.
L. 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.
M. 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
tlaine Department of Transportation, Bureau of Highways,
"Rules. Regulations and Policies, HIGHWAY OPENING
PERMITS", dated July 1, 1978.
N. 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
Bangor M -1510(1)6M-1090(3)
Page 6 of J Pages
August 28. 1981
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.
O.To make the attached "Backfilling Requirements" a part of all
service opening permits for work within the limits of the
Project.
Attch:
"Backfilling Requirements"
"Memorandum of Understanding"
"Special Provision - Construction "as
-Bangor M-1510(1)RM-1490(3)
Page 7 of 7 Pages
August 28, 1981
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 Commissioner of the Department of
Transportation, hereunto duly authorized, and the City by its City
Manager duly authorized by Council Order dated
an attested true copy being attahced hereto and made a part hereof.
SIGNED, SEALED AND DELIVERED STATE OF MAINE
IN THE PRESENCE OF: DEPARTMENT OF TRANSPORTATION
By:
George N. Campbell, Jr.
Commissioner
CITY OF BANGOR
By.
John W. Flynn, Manager.
APPROVED AS TO TOM:
Chre£ Counsel
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.
Watershall 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.
Date Wet/ 19
r
• - FS.tR1RAHU1IA
OF DN19'ftSTANDINO -
DAROOR
r&DERAD AID Phi odECT M -1590(1)/t+-1490(3) LOCATION Stillwater Ave & barren Rand
PROCRAA ITE.2 N0. 0380 SCOPE OF WORK Reconstruction
tmereds the subject project has been included in the Capital Improvement
peaSxt.0, based on. local cost sharing, itis necessary for the City —Teva of
hereinafter referred to as the Cammnity, and the
Mni,:e Deparsrmnt of Transportation, hereinafter referred to as the Department,
to acres to a project coordination and redmburseasent procedure.
The Ccm. ity mast indicate their concurrence in these caemitments as outlined
by nignirg the original of the memorandum in the spacesprovided and return it t
the Deputy Chief EngeC.n
in r, Project Development, Maine Department of Pransncrtati�,
A%�7usta, Maine 04333.
This signed document mat be received prior to the
bcauning pr continuation of preliminary engineering activities.
A. Definitions
1. Total Estimated Coat
The total estimated cost of a project is based on a projected date
of advertising for bids and represents the best estimate at the
beginning of the project development process Of the coat of
_ engineering, right of way, construction, and other items considered
necessary to satisfactorily complete the project. Total estimated
cost OY the subject project is 8_1.350.000 .
2. Non -Federal Share
The non -Federal share represents the total estimated cost of a
Project leas the estimated Pederal contribution. For purposes of
local reimbursement on this project, the non-Pederal share of the
subject project is _U_% of the total estimated cost, or $ 361.500
3. Community Share
The comity share represents the portion of the total estimated
Cost of a project to be made available by the Community. Joint
State Aid funds can be utilized for all or part of the community
share for projects on the State -Aid or State Highway system when no
higher priority project exists that requires the use of these funds
Within the Community, and the Department2 through its local Division
Office, Ohmura in the expressed desire of the Orman ity to utilize
these funds. The community share of the subject project is 50 R
of Me non -Federal share. Cr S ICO,290
8. Reim1mrsement I
I. Prior to the beginning or continuation of preliminary engineering
activities, the Community shall submit to the Department, one-half of
the community share for the above stated project, or $91.125
2. At the time of contract award. too DCpuetmaat will advice the
000unity of the bids received and the Community stall, upmi rucci_nt
Of thin information, indicate,in written wiubin ten dayn, their
concurrence in the contract award and agree to submit the balance
of the community share, 5 n w , within 30 days subsequent to the
Mard of�YFe conYaect. See paragraph 8.3 below)
48VURKTFLW OF 01DER TA MING
Data z _
Date 11/20/79 -
3. The total financial obligation of the Community toward this
project will be as stated in paragraph A.3 .above, unless
significant changes in the rope of work agreed to by the
Corawity during the project development process recult in an
Increase in the "total estimated cast." seen this is the c
a new D.lemorandum of Understanding will be developed revising
the "community share." If the "total estimated cost" of the
project at the time of caetract award is less then that stated
In the Memorandum of Understanding, then the Community's
Gond payment required by paragraph D.2 above will be reduced
proportionately.
C. Project Development -
1. The Impartment, prior to the initiation of the public hearing
process, will arrange for a meeting with the officials of the
Community to review the project limits, scope of work, etc.,
based an the beat information available.
2. Additional reviews may be requested by either the Community
or the lkpartment at any, point in the project development
process.
3. The Community and the Department retain the right to terminate
the project at any time prior to the actual acquisition of
right-of-way. Projects cannot be terminated by the Community
subsequent to right-of-way acquisition without concurrence by
Us Department.
a. projects terminated by the Community
The Community shall be responsible for
the entire non -Federal share of the total
expenditures incurred against the project
at the time of termination.
b. projects terminated by. the Department
The Department shall be responsible for
the entire non-Pederal share of the
total expenditures incurred against the
project at the ties of termination.
Page 3
pate 11/20/'19 -
c. Projects terminated by Mutual Agreement
The Community and the Departsen4 will sharer
proportionately, as with total project
funding, in the responsibility for the non-
Federal
share Federal she of the total expenditures
Incurred against the project at the time of
termination."
This agreement becomes effective upon signatuar.
Approved by the Maine Department of Transportation on % Y- PIP
ROOM L. MATZAR, Coamiseionee
Maine Department
� oof,�T.ransportation
T9r /`� ""'+7!*(!�
Richard A. Colman,
Deputy Chief Engineer
project Development
The Municipal Officials of the.; City _ of Reneor r
County of Penobscot agree to the Coordination soul Reimbursement
Procedure outlined above for Federal Aid Project No. M -1590(1)/A-1490(3)
Nara T'tle Date
—kNmre . - Title —(pate
Name Title Date
SPECIAL PROVISIONS
WNSIRUCT'ION ABBA
Bangor .
M-1$10(1) 6 M-1490(3)
A Construction Area, located in the City of Bangor has been established by the ?tine
State fkpartment of Transportation in accordance with the provisions of Title 29,
Section 1703, !pine Revised Statures Annotated. The area is described as follows:
(a) The section of highway under construction from Sta. 24+00 to Ste. 16+00
of the new construction centerline, plusapproaches.
F.A.U. 1510 (Stillwater Avenue) from Ste. 24+00 to Ste. 16+00 of the new
construction centerline, plus approaches.
The section of highway under construction from Ste. 223+75 to Sta.
230.8].]0 of the new construction centerline, plus approaches.
(b)
P.A.U. 1490 (Hagan Road)
from Sta. 223+75
to
Sts.
Z30+87.70
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, over -width or over -length equipment or materials over all
State maintained sections described in the 'Construction Area" above and in 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 to revoke such apermit at any time is
reserved by the State Department of Transportation and the issuance of such permits
$ball be subject to any Special Provisions or Supplemental Specifications written for
this project.
A Temporary Permit for each move may be issued by the State Department of Transportation
or the State's Engineer, for moving Contractor's construction equipment used on the
Project, which exceeds the legal limits (shovels, bulldozers, etc.) to sources of con-
sttuetion material over highways maintained by the State reasonably within the area of
the project.
The pnicipal Officers of the City o_f_larger have agreed that a permit will be issued to
,the Contractor for the purpose orua�oads in excess of the limits as specified in
Title 29, Paine Revised Statutes Annotated, on the town ways as described in the "Con-
struction Area" and that single move Permits will be issued for moving Contractor's
con-struction equip..ent used on the project which exceeds the legal limits (shovels, bull-
dozers, etc.) to sources of construction material over town ways reasonably within the
area of the project.
In the event it is necessary to transport gravel, borrow or other construction material
in legally registered vehicles carrying legal loads over town ways, a Contractor's mind
Of not more than Five Thousand Wllars ($5,000.U0) per mile of traveled length may be
.required by the town, the exact amount of said bund to oe determined prior to use of any
tam way.
The maximum speed limits for trucks on any town way will be twenty-five (25) miles per
your. unless a higher legal limit is specifically agreed upon, in writing, by the
sbnicipal Officers concerned.
VEAZIE
. ... SEE; y+ EY N0.
BREWER