HomeMy WebLinkAbout1978-08-14 342 AF ORDER342 AP
Introduced by Councilor Senor, August 14,'1978
CITY OF BANGOR
(TITLE.) (orbgf,... Authorizing City Manager.to Enter into Attached Agreement
with SCOT - Broadway Reconstruction
By ik My cawed of city ofBsa m:
ORDERED,
THAT WHEREAS, the City has previously entered into an Agreement
with the Maine Department of Transportation for the reconstruction
of Broadway between Earle Avenue and Grandview Avenue under the
Federal Urban Program, and
WHEREAS, MOT is now prepared to advertise for bids for the
Zonstruction of said improvements subject to the receipt of an
Agreement with the City, a copy of which is attached,
NOW, TBEREFME, be it
ORDERED, that the City Manager be and hereby is authorized to
sign said Agreement on behalf of the City of Bangor.
342 AF
IN CITY COUNCIL - O R D E R
• AuSuSt 14, 1978
Referred to Public Norka - Titleb
- Committee - Consider next
9. - - Authorizing City Manager to Enter into
`s = me(l� Attached Agreement wyth MDOT-Broadway
CITY LERK .......................................
Reconstruction
IN CITY COUNCIL AUGUST 28,1978 InSTOaYCed and ftlpd by
PASSED
ilman
ciescrtes CLARK
342 AS
Bangor U -F-038-1(15)
Page 1 of 4 Pages
August S. 1975
CITY AGREXXHENT
THIS AGAEQt48T, made this _ day of _. 1976, by and between
the State of Blaine acting by and through its Department of Transportation$ hereinafter
referred to ad the State and the City of Bmaeos, Penobscot County$ a body corporate, by
aM through its City Manager hereinafter referred to ee the City.
Witneeeeth, that
WCT=M, theStateis planning resurfacing and recometraction of -certain porticos of
Broodew (Route 15)$ and;
WU6REA5, the City agrees such work i5 necessary
MOW TERVE M, the Parties agree as follows:
L. The State agreed to do the following:
A. To award a contract under Pederal Aid Project No. U-4-035-1(15) hereinafter
referred to ad the Project, and perform work substantially in accordance
with the plena prepared by the State and generally described as follows:
The Project begins on Broadway, at the intersection of Eaz1e Avenue and
Center Street at station 44+90 and extends northeasterly along Broadway
0.752 miles to a point 65 feet northerly of the intersection of GreadTiaw
Avenes at Station 86+20.
The improvement cOdbo nkteof a 52t foot wide hot bituminous overlay, from
the beginning to Station 69+50 aril a hot bituminous overlay and widening
to 52 feet from Station 69+50 to Station 66+20.
B. To co:mtract a drainage system adequate to handle all normal Sarfene aom
subsurface water for the entire Project$ and to connect a portion of this
drainage system into the existing system, eliminating say drainage etracturea
deemed unnecessary es part of the Project.
Bangor U -P -03e-1(15)
Page 2 of 4 Pages
August 8, 1978
C. To acquire And pay for all lend, right$ in Thus, end buildings necessary
to construct and maintain the project, except those donated by the City
to the state.
D. To pMvide pavement markings and traffic control signs ae necessary on a
first-time basis.
22. AH➢ the City agrees to do end perform the fcllowingl
A. To approve the layout and contraction of Federal All Project D-1 038-1(15)
described in Item I above under the State efeees.
B. To donate to the State all herd or rights do lend owned by the City which
are required for the Project.
C. To pay to the State the "CO®Wlity. Share" of the cost of the Project in
accordance with the terms set forth in the attached "D9emorazdum of Under-
. atendiug" dated April 21p 1978.
D. To authorize the State to alter or elivumte phy drainage or drainage
structurae deemed unneceeaery as part of the Project.
E. To pay or Assume why and all coats (if requited) for the treatment and
ultimate disposal of any discharge Trap storm drainage systems constructed'
ea part of the Project.
F. To maintain the street lighting at the present level of intensity.
G. To pass such ordinswuCee as may be required to prohibit paraing within the
entire limita of the Projects.
H. To eliminate and prohibit diapoaal of any open sawade within the limits of
the Project.
I. To make such Changes within the city fire alarm systemp city sewers, city
water and city street lighting, including service Coanections� mmahole
adjustments and other city owned and maintained utility fixtures (if
piloting) without expense to the State as may be required as a result
Bangor ➢-1"038-1(15)
Page 3 of 4 Pages
aught 9: 1978
of the Projeat. Any charges made during the construction of the Project
vhll be coordinated w th the contractor's operations.
J. To asnume all claims for d,=sgas to private underground utility -type
installations where the locations may hot be shown on the plana for this
Project, also to be responsible for the venoval, mplmenent, alteration,
or relocation of any existing private underground utility -type installa-
tion (such ae wireep water, aeior, drain pipes) as may be necessary, to
permit construction of the Project within the previously described project
limits..
X. To be responsible for and to notify s11 utilities that, except in the case
Of any, ®ergency, m service opening , permits for opening ace, pavement
within the limits of the proposed project will be issued for a period of
five (5) years fron the date of the Project.
L. 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
rules. regulations, and policies applied by the State in its control of
utility use of the highwaya.
M. To hold inviolate the right of w for the Project and agree that no adver
tieing signs, postero, billboards) roadside stands or other private instal-
lation stall be permitted within the said right of wV limito and any arch
beformentioned items now within the limits of the exieting right of way
shall be removed by or mer direction of the City.
ff. To make the attached "Backfilling Aequir®enta" a part of all service opening
permits for work within the limits of the Project.
Attach:
"Bmkfilling 8equirementa"
"Mancrandum of 9nderat®ding"
Bangor'C-F-Oj -I(15)
Page 4 Cf 4 Pages
August S, 1998
IW noMS WeSCOOF TEE PARTIES To THIS AGAE@df.ET HAVE E%ECUTEO IN TRIPLICATE these presents
on the day and year first above written, the State of Maine by its Oseclaeioner of the
Department of Transportation, hereunto duly authorized, and the City by its City Manager
duly authorized by Comoil Order dated _, an attested true copy being
attached hereto and made a part hereof.
SIGWID, SEALID PPD DminneD STATE OF MAIME
IN TED PRESENCE OF: DEPARTMENT OF TRANSPORTATION
Ey: Co®isaloner
Roger L. Mallar
City of Bangor
Manager
APPROVED AS TO FORK:
Resistant AtLomey Gen -era
Date
EAC ILL1Na kE4plelffi ENTS
Backfill material shffi1 be fine, readily compressible Boil or gxnnulax material, at o
near optimum moisture content, erul shall not contain atones larger than 3 fnehes, frosen
lumps, drum][ of clay, mineral:. matter or nay other objectionable material. The material
shall be uniformly distributed in layers of net more than 8 inches, loose measure and
each layer thoroughly compacted by use of approved compaction before successive layers
are placed. When backfill is being placed around a pipe or structure, operations shell
be so oonducted that the fill is always at approximately the same elevation on both sides
of the structure. Water shell 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 follow-
ing the completion of the work, and all voids resulting from the use of the sheetiog and
bracing baokfilled where necessary unless otherwise directed by the Department's Engineer.
XENORANDUM OP UNDERSTANDING
PEDERAL AID PROSECT uA38-1(15) LOCATION Bangor, Broadway
Whereas the local Comity has agreed to provide a portion Of the total cast of
the subject project, it is necessary for the Department of Transportation to develop a
project coordination and reimbursement procedure.
The Community moat indicate their co a in these camultments as Outlined
by signing the original of this letter in the spaces provided and return it to the
Department of Transportation. This document meet be received prior to the beginning
_ continuation of preliminary engineering activities.
A. Definitions
1. Total Estimated Cost
The total estimated cost of a project represents the beat eotimate
of the cost of engineering, right of way, construction end Other
items considered necessary to satisfactorily complete the project
at the beginning Of the project development process. Total Estimated
Cost of subject project is $489,000.00
2. Mon -Federal Share
The non-federal stare repracente the total estimated coat of a project
lees the federal contribution. As a general rale end for purposes of
local reimbursement the non-federal share represents 32% Of the total
estimated cost of a project. Non -Federal share of subject project is
$156,480.0o -
3. Community Share
The Community share represents the portion Of the total estimated cost
of a project to be contributed by the Comnmity. In most cases this will
be a percentage of the non-federal where based on total estimated project
cost. The Comity share of subject project is _O % of the nun -federal
share or $78 24o.Co
R. Reimbursement
1. Prior to the beginning of preliminary engineering activities the Comity
s1bal submit to the Department of Transportation one-half of the Comity
share far the above stated project, or $39.120.00
2. Prior to project al"Alising the Coity will be advised of the
anticipated date of project advertising and shall sign a letter of
assurance to the Department indicating that fund$ are available to
support the remainder of the Coity's share.
3. The Department will advise the Coity of the bids received within 3
days after receipt of sai.d bids. The Comity ahall upon receipt of this
information indicate in writing, within 10 days, their concorcence in the
proposed award and agree to submit the balance of the Comity share,
$39,120.00, within 30 days subsequent to the award of contract
See paragraph B:.5.a.below).
4. Upon completion of the project the Department of Transportation M11
provide the Comity with a statement indicating the final total cost
of the project and the actual non-federal share, as well as the actual
Comity share.
5. The financial commitment of the Community will have been met upon com-
pletion of the action indicated in paragraph B.3. above unless:
a. The "total estimated cost" of the project at the time of advertising
over-ran the original ^total estimated cast" as a result of sigrifi-
ant changes in the scope of work, agreed to by the Comity, during
the project development process. When this is the case the Community
will receive a statement at the time of notification of bids received,
revising the Community share balance shown in paragrsph 3.3. above.
b. Subsequent to the completion of the project, it is determined
that the total final cost of the project undo ran the "total
estimated cost% When this is the case the Coity will be
reimbursed its share of the undex-run mbased on the level
(percentage) of its origiml financial commitment to the project.
C. project Development
1. The Department upon completion of the development of preliminary
plans but 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 beet iffiormation
available.
2. Subsequent to the public hearing but before location and design appreval
is requested from the pMVA, the Department will again review the project
with the Comity.
3. Additional reviews may be requested by either the Community or the
Department at any point in project development.
4. The Comity and the Department retain the right to terminate the
project at any time prior to the actual acquisition of right of way.
projects can not be terminated by the Community subsequent to right
Of any acquisition without concurrence by the Department of Tranaportation.
a. projects terminated by the Comity
The Community shall be responsible for the entire non-federal
share of the total expenditures incurred against the project
at the time of teaminatlen.
b. projects terminated by the Department
The Department shall be responsible for the entire non-federal
share of the total expenditures incurred against the project at
the time of termination.
c. Projects terminated by Mutual Agreement
The CommuSty and the Department will share proportionately, as
with total project funding, in the responsibility for the non-
federal share of the total expenditures incurred against the
project at the time of termination.,
This agreement becomes effective upon si@ ture.
Approved by the Maine Department of TranepOrtmtion on
MGM n. nlI , Commissioner
Maine Department of Transportation -
By,
Richard A. Colossal,
'Deputy Chief Bagineer -
Project llevelop[veeen�t
The M cipal Officials of the
County of 003 4-t agree to the Coordination and Pro-
cedure outlined abo4 for Federal Aid Project No.
tL - 00 _ / (1-5r)
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