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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 S - q ./ /i 146 AP ORDER .. Title, A th ]zing.axes tion of Agreement With ......................... . tne, Town osInmpaen,.,sewage mreatWent "i0 F U Introduced and Hled by ci i 146 As RlH` 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