HomeMy WebLinkAbout1978-02-13 146 AF ORDER146 "
Introduced by Councilor Weymouth, February 13, 1978
CITY OF BANGOR
(TITLE)(orba..... dutboX1zing_H,xaaution of Agreement with the Town of _...
Hampden - Sewage Treatment
BY tM My fbwmall of the My ofBmgor.
OFDFFFD,
TBAT the City Manager is hereby authorized and directed, on behalf
of the City of Bangor, to execute an agreement with the Tow of Hampdea,
copies of said agreement being an file in the office of the City Clerk,
for purposes of providing for the treatmwt in the City's Sewage Treatment
Facilities of domestic .and industrial sewage originating in the Tmm of
Hampden.
IN CITY'C041CIL
Pebinai'y 13, IP78
Mcimj�uP d
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146 AP
ORDER
.. Title,
A th ]zing.axes tion of Agreement With
.........................
. tne, Town osInmpaen,.,sewage mreatWent "i0 F U
Introduced and Hled by
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146 As
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Thin Agmem nt is made this day of , 1918,
by and between the City of Bangor, a municipal corporation located in
the County of Penobscot, State of Maine (hereinafter "HANGAR"), and
the Town of Hampden, a municipal corporation located in the County of \`
Penobscot, State of Maine (hereinafter "}iAMPUgW').
WITNESSETH:
MIEREAS HANGAR has constructed a primary sewage treatment plant \>
located near the HAM=N tam line; and
WHEREAS RAA@BEN has contemplated theconstruction of a similar plant
within close proximity to said town line; and
6GERRAs it hes been found to be both financially end geographically
feasible for NMtPOEN to deliver its senses to the BANOOR plant for treat-
ment in lieu of constructing its own sewage treatment plant;
NOW MMFORE, in consideration of the covenants end conditions
contained herein, the parties do mutually agree as follows:
Section A. BANGOR agrees:
1. To furnish and maintain sewage treatment facilities to provide
for adequate and satisfactory operation and treatment of domestic and
industrial sewage, and such facilities will have capacity to accept
Sewage from NAMPBEN at an average daily flow of 0.60 million gallons
psi day. The adequacy of treatment and operation of Said facility shall
meet with the alp al of State and governmental agencies who have the
Jurisdiction over the water course into Mach the treated effluent is
\,
discharges.
2. To hold NAMPOEN harmless from any additional construction,
operational and maintenance coat accrued by any necessary replacement,
additional or new treatment equipment caused Fry tL2`�Siiecharging or treat -
meet of additional industrial waste originating within the City of Bangor
which shall be delivered to the plant for treatment after the signing
of this agreement. - �`
3. To acquire such easement as is necessary to permit construction
of an interceptor sever line from the manhole located on the vest side
of the Maine Central Railroad tracks (appivaimately 200 feet southwest
fees the Operations Building) all the way to the RA1 M tow line, a
also to permit WU EN to connect its interceptor severe to the intercep-
tor sever constructed on this easement to permit HAMPDSN access tc the
Sensor Treatment plant.
4. To construct as interceptor sever line running fry the man-
hole located on the west side of the Maine Central Railroad tracks
(approximately 200 feet Southwest from the Operations Building) apprax-
imately 45o feet dam river tswead the WNPDEM town Sine, such sewer
line being of sufficient capacity to accept the. total HAMPDEN design
floe en cell as service thatarea of EANGOR. The eligible cost of this
construction, including all other related expenses, will be funded Nye
by the Federal government, 1% by the State government, and the remaining
local share, including the axVisitlon cost of this portion of the ease-
ment erd costs not eligible for federal and state reimbursement,. will be
divided equally between BANGOR and HM@DEN.
5• To extend the interceptor sever line referred to in paragraph
4 above the remaining distance to the HAMBDEN town line. The eligible
cost of this construction, and all other related expenses, will. be funded
99% by the Federal government, 1% by the State government, end HAMPDEN
All pay the retaining local share, including cast of acquisition of this
portion of the easement and costs not eligible fou federal and state
gwerwsvt reimbuxsanent:
Section B HAMPDEN agrees:
1. To reimburse RAiMAR for construction of said interceptor never
line in accordance with paragraphs 4 and 5 of Section A same and pare -
graph 4 of Section C below,!
2. To maintain all sewer lines and puap stations within the tow
limits of RAMBDER.
3•
To insure that
all HAtq'HFlI severe connected to
the, interceptor
sever are
restricted for
sanitary, savage only, end that
all improper
connections, excessive leakage, storm water, roof drains, and cooling
water are eliminated from, said sewage.
4. TO reimburse RANWR for a parties of the cost Of the pollution
Abatement Facility, said portion to be in the ratio of the RMIHOEN design
flow to the total plant dear flow, or 6.67%; said amount is computed
to be $43,78.29, based upon the final cost to &tNWR for the construction
of said pollution Abatement Facility and related appurtenances including
documented costs Of construction, design, supervision, survey and layout,
administrative, legal, fiscal, site acquisition, interest and cmhingen y,
as outlined in Exhibit "A" attached hereto, and as supported by detailed
coat records and invoices on file at the City Hail in BANGOR. Said
amount well be paid to �R'in full prior to connection of the
interceptor sewer from HM M into the RANCOR system. The ratio of
flow will be computed at the and of the first five years of joint
operation on the basis of the average quarterly metered flows fluxing
that period, and if different then 6.67%, the capital cost payment to
HANSOR will be adjusted accordingly.
5. To reimburse HANWR for a proportionate share of the coat of
a Secondary Treatment Facility, or any other additions or modifications
to the treatment facilities se may be required by the State end/or
Federal government, including those related testa as outlined in para-
graph 4 above; payment of HAb W'S share of such naprovarcnts may be
requested by BANGOR at such time as the. appropriation of the total funds
required to.00mplete the work becomesinecesaery. -
6. To reimburse BANGOR for a proportionate share a the operation
and maintenance costs of the treatment plant only, to be paid quarterly,
based upon the ratio of the total quarterly flow from HAISPDEN to the
totally quarter flow at the plant. RM'DEN'S share of the cost of
e
2. If the sewage flow from IAMPDEN exceeds the allowable average
dai;v flow rate of 0.60 million gallons per day, HANETEN shall either
(1) take immediate action to reduce the flow below the alloweble limit,
or (2) request HANOOR to expand its facilities as necessary to accommodate
Us increased flow from HAMPUENl the coat of said expansion to be paid
by HAMITIC. If the capacity of the existing plant is exceeded due to
increased flow from BANGOR, then the necessary coat a plant expeasion
to meet the increased flow shall be borne by BANGOR.
3. Any notice requivad or given in connection with the terms
of this agreement shall be directed to Mr. R. leads Bore, Hampden Town
Manager, Hampden, Maine 04445 or to Mr. John W. Flynn, City plunger,
Bangor City Ha11, Balgor, Maine 04401. Soon notice shall be given
as promptly as possible.
4. The government funding referred to in paragraphs 4 and 5 a
Section A above will come through whicnever of the two parties gets
sewer project approval first. If it is Hampden, BAN50B will bili
HAMFBEN for 95% of the eligible costs a the first leg and 100% of the
total cost for the final leg. If it is BAIWOR, BANCAR will bill HAMIDEN
for 50",. of the non-governmental share of the first leg cost and all of
the nen-governmental share. of the final leg coat.
-5. This contract shall remain in full force and effect ee long
as sewage from �N is discharged into the RANCOR system or until
such time as the agreement nor he amended or replaced by a new contract
mutually agreed upon by the parties.
6. No less frequently than every five (5) years, this contract
shell be revieved aid,'if it is determined that estimates have been
substantially in error, then the tents shall be hereof renegotiated.
This prm3sion is necessary as many, of the terms of the contract are
based on future, projected estimates.
`l
IN WITN150 WHEREOF the parties hereto have caused this instrneent
to be executed and their corporate seals affi ed hereto se of the
date first above written.
CITY OF MNGOH
BY
John W. �Flym
City Manager
TOWN OF Ii ff
B
A. IAxaS Bee
lbw Manager
STATE of MAINE
Penobscot, es. 1978.
Then personally appeared the Bove named Jahn W. Fle n. and
A. Lewis Hone in their respective capacities as City Monger ami
Town Manager end acknowledged the above agreament to he their free
act and deed.
Before me,
Justice of the Pease
Notary Pablic