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HomeMy WebLinkAbout1968-12-09 44-W ORDER44-W Introduced by Councilor Baldacci, Dec. 9, 1968 CITY OF BANGOR (TITLE.) (Drbgr, .. Aucepoknj.RepoCof City Engineer; . Allmiag.Aaymant for Ea semens; and Authorizing, City Manager, to, Enter Into Agreement With Maine Central RR BY the City CQUIUR of Ow qty OfBaryor: ORDERED, TEAT the attached report of the City Engineer relative to the laying out and establishment of sewer easements on land th caned by e Maine Central Railroad for the installation of a portion of the Penobscot River Interceptor Sewer by and hereby is accepted, and be it further ORDERED, that payment in the amount of $3,000 be allowed for said easements and be it further ORDERED, that the City Manager be authorized to enter into the attached agreement with the Maine Central Railroad on behalf of the City of Bangor. IytiB LfC-5 rr 3. 43 CIiY. CLERK'S OFFICE ,, r.v w.INE IN CITY COUNCIL cec. 9, 1968 Referred to Pablie Warks Committee, tabled. CI CLERK IN COMCIL Nor. 23, 1968 Taken from table, PASSED CI 44-W 0 neR Title, Re OYC o£ City Cn ineei{ Allodi Ply - m t io[ Easements, AUth. City Menge[ Enter Agreement with me Nailioed .............................. 4....... Introduced and filed by eA�eL Councilman CITY of To the City Council: Purauant W an order of the City Council,glasat 164-V P sed„_Qetober 28,,, 1968, directing the City Engineer W lay out._a d acritcare,_ easements_ from the Maine Central Railroad for the installation and future maintenance of aPo t f the Penobscot tRi interceptor Sewer, __ ___ , ....the City Enishm r begs %ave W report: That of his intention Wlyut......... said easements .11 the City Engineer gave written notice by notices attached W copies of said order posted for seven days prior W But 14th of November, 1968, in two public places in the City of Bangor and in the vicinity of said avoid, to wit One on Bulletin Board City_ Hall One at the foot of Hazel Street One on Hancock Street at the Bangor end of M. C. R. R. Bridge). and also gave notice by causing the same W be published in the BANGOR DAILY News, ieit9u8101i newspapercprinted in said city, for one week prior W the. 14th. Vf Nov., _ 1968,_.. copy of said order and notices, so posted and published, is heoiW annexed and made part of this report And that the said City Engineer met at the time and place of meeting specified in the insists and proceeded to my out said easements as follows: Beginning at a point on the easterly line of land owned by the Penobscot Plaza Development Corporation as acquired from the Bangor Urban Renewal Authority by deed dated July 8, 1968 and recorded in Penobscot Registry of Deeds, Volume 2135, Page 448, said paint being approximately 40 feet south from the southerly right-of-way line of Washington Street; thence extending in a generally easterly direction for a distance of 730 feet more or less to the existing 48 incY sewer known as the Hancock Street Outfall. The above-described location is on land acquired by the Maine Central Railroad from C. W. Roberts et al by deed dazed October 29, 1883 and recorded in Penobscot Registry of Deeds, Volume 583, Page 36, and by the European & North America Rail- road from I. K. Stetson at al by deed dated February 10, 1893 and recorded in Penobscot Registry of Deeds, Volume 631, Page 40. 'Pnere appeared at the time and place set for the hearing, Scott Scully, General Attorney, Charles G. Rivers, Manager Industrial Development, James 0. Born, Chief Engineer, all representing the Maine Central Railroad Company, and Merle F. Goff, City Manager, Thomas Needham, Attorney, and John T. Frawley, City Engineer, representing the City of Bangor. Considerable discussion was had regarding assurance that the sewer installa- tion would not interfere with the operation of therailroad, and the representatives of the railroad presented a proposed agree- ment which would outline the conditions by which they would con- sent to the installation of the sewer on their property. A copy of said agreement is attached. Damages in the amount of $3,000 reended for the a ent, said amount being generally nthes a proportion as previous payments for similar ease- ments ents obtained for the installation of the initial portion of the Penobscot River Interceptor Sewer. It was also agreed that prior to construction representatives of the City and the Rail- road would examine e the specific location of the line in the field, and would agree on minor adjustments in the location of said line if found to be necessary. it is recommended that the a easements be established as described above and that paymentbemade in the amount of $3,000 for said easement. it is further recommended that the City Manager be authorized to sign the attached agreement with the Railroad. 1Respectfully submitted, John T. Frawley City Engineer ATFL Attachment AGREEMENT made the day of , 1968, In duplicate, between MAINE CENTRAL RAILROAD CadrA r a corporation duly established by law with an office at Portland in the County of Cumberland and State of Maine, hereinafter called "LICENSOR," and CITY OF BANGOR, MAINE, here- inafter called "LICENSEE." WHEREAS, LICENSEE has prepared plans and specifications for the construction of a sewer pipe line in the City of Bangor which will be o,. or adjacent to the right of way of LICENSOR between Wasniugtoa Street, Hancock Street and the Penobscot River, hereinafter called the Project, and WHEREAS, installation of said sewer pipe line will iecessitate work being performed by LICENSEE on, under and adjacent to .racks and right of way of LICENSOR, and WHEREAS, the LICENSEE intends to let :ontracts for the work outlined in said plane and specifications, to be performed under its direction, except that any work upon or within she right of way of LICENSOR shall be under the supervision and toutrol of the Chief Engi- neer or other designated official of the LICENSOR, to the extent neces- sary, in the judgment of said Chief Engineer or otter designated official, to insure the safe and uninterrupted operation of trains over its tracks and the convenient conduct of its business, and WHEREAS, the presence of men and equipment and performance of work an or near the tracks and right of way of LICENSOR will `_nvolve hazards to Railroad operations, NOW, THEREFORE, it is actually convenanted and agreed as follows: 1. The LICENSEE may let a contract or contracts for all or 2 any portions of the work involved in the Project. The LICENSEE and its agents or contractors will be permitted to enter upon the property of LICENSOR between Washington Street, Hancock Street and the Penobscot River in said City of Bangor, with men, machines, equipment and materi- als, for the purpose of construction of said Project. 2. The LICENSEE agrees that all work performed on property of the LICENSOR shall be in strict compliance with the specifications entitled "City of Bangor, Maine, Information for Bidders, Porins for Bid, Agreement, and Bonds, Special Conditions, Specifications for Construction of Penobscot Interceptor and Appurtenant Work, Contract 68-1, August, 1968.• 3• All charges for protective service, inspection, removing and replacing ties and track work, replacing of ballast or any other labor and materials furnished or services rendered by the LICENSOR to the LICENSEE or its contractors or agents will be billed to the Con- tractor in accordance with the specifications. If such charges have not been paid by the Contractor within a reasonable time after bills are rendered, the LICENSEE shs11, upon presentation of a claim by the LICENSOR, reiaburse the LICENSOR in full for any such charges remaining unpaid. y. The LICENSEE and the LICENSOR will use their beat efforts to agree at an early date upon the censideraticn for an easement for said ewer pipe line over and across the land of the LICENSOR, and pend- ing such agreement the Contractors and agents of the LICENSEE may enter upon such land to do the work hereby provided for. j. The LICENSEE agrees to require in the specifications that "where work is being performed over, under, across or adjacent to Rail- -3 - road premises, the Contractor shall defend and indemnify and save harm - leas the Railroad from and against any and all loss, cost, damage, claims, suits, damaads or liability for damages for personal injury including death and for damage to property, which may arise from or out of the opera- tions conducted under his contract, occurring by reason of any act or omis- sion of the Contractor, his agents, servants or employees, or by reason of my act or omission of any subcontractor, his agents, servants or employees." 6. The LICENSEE agrees to require that the Contractorts Insur- ance Policies shall carry an endorsement of the "save harmless" clause In favor of the LICENSER set forth in Paragraph 5 hereof and that the Contrac- tor will be required to furnish Railroad's Protective Public Liability and Property Damage Liability Insurance on behalf of the LICENSOR in amounts of $100,0001$3G0,000. y. The LICENSEE agrees that the center line of the sewer pipe line, across and along the right o' way of the LICENSOR, will be estab- lished on an aligoment mutually agreeable to the City Engineer and the Chief Engineer of the LICENSOR. S. This agreement shall terminate upon completion of the work in a roamer satisfactory to the Chief Engineer of the LICENSOR. IN WITNESS WHMUXF, the parties have hereunto set their hands add eagle the day and year first a'�ove written. WITNESS; MAINE CENTRAL RAILROAD COMPANY WITERSSt CITY OF BANGOR, MAINE Porm approved: Execution approved:_