Loading...
HomeMy WebLinkAbout1981-10-13 81-297 ORDERI a1-29] 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. P1-29] IM Cixx CCUNCIL - 0 R Q E R October 13. 1961 eYea -- Title, '81 IY�i -8 P2:28 repay, city Clen tM zing, City Manager to Enter ty CI CIi YI CLEO ipto�re A event w.i MOT Stillwater. - nwenne and rayon rzwa xxanaumcion antro aucaa and n /J' ....:...................... ........ n. Com 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