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HomeMy WebLinkAbout1964-06-08 99-R ORDER99-R 3 Introduced by Councilor Higgins, June 8, 1964 q, CITY OF BANGOR (TITLE) @rDerf...._ Authorizing the City Manager. to Enter Into an Agreement With the State Highway Commission - Union Street Reconstruction. BY 9" City Cwmv1 of City of Banged: ORDERED, THAT WHEREAS the State of Maine is planning the reconstruction of a section of Union Street and WHEREAS, the City of Bangor has Indicated its willingness to assist in this reconstruction project, NOW, THEREFORE, BE IT ORDERED that the City Manager be and is hereby authorized to enter into an agreement with the State Highway Commission relative to this reconstruction project. A copy of the agreement is attached herewith. fV-R PE CE VED 19H JUN -2 08:13 ORDER CITY cl ERK-S OFFICE Title= 9AgGOR. MAINE Auth. Clty Nagex to Erher into IN CITY C011NCIL Agreement H th State Highway Can. June 8, 1964 Onion St. Reconstruction Referred to Public Works 0a ttee,................................... tabled. Y SU IN CITY WUNCIL June 22, 1964 Taken from table, PASSED I ducedan d filed by Uun7 �� ciLoee A UR EEN E NT THIS AOREENDN entered into this day of In the year of w Lord one thousa i nine hundred and sixty-four, by and between the State of Mine through its State Highway Comisslon, duly authorised $ the laws of the State of Mine, hereinafter referred to as 'the State' and the City of Bangor, Penobscot County, a body corporate, by and through its City Manager, thereunto duly authorised, hereinafter referred to as 'the City'. Wi01EAS 'the State' is planing the reconstruction of the hieway commencing at Station 5410 at the intersection of Union Street (Route 222) and 16th Street. Bangor, and extending northwesterly approximately 2.73 miles via Union Street to the intersection of the Pavia Road and Union Street at Station 190+50. This 'Project' Is known as Federal Aid Project S -SU -0280(1) and a portion (Station 5440 to 134+93 on the left or southerly side and between Stations 54 and 1w 5 on the right or northerly side) cf the proposed 'Project' in the City of Moor will be within the compact limits of said 'City', hereinafter referred to as the 'Compact'. NW, THEREyORE, 'the State' agrees to do and perform the following: (1) To let a contract and construct Federal Aid Project S -SU -0280(1) substan- tially in accordance with the plane for said 'Project' prepared tF 'the 'State', including: (A) The construction of a five foot bituminous coronets sidewalk (six inch gavel base and two inch bituminous concrete surface) with granite curb and four (4) foot minimum width esplanade on the right or northerly side. (1) Station 57+75 to 60.95. (2) Station 6510 to 67+99. (3) Station 71+80 to 74+73. (B) The construction of a five foot bituminous concrete sidewalk (six inch gravel base end two inch bituminous concrete surface) with bituminous concrete curb and three and one-half (3z) foot minimum width esplanade on the right or northerly side. (1) Station 75"0 to 142+0. (2) Acquire and pay for all land and buildings and to pay for all damages resulting from the acquisition of said land and buildings acquired within the 'Compact' as follws: On the right or northerly side between Stations 11610 and 1181 . AND, 'the City' agrees to do and perform the following: (1) To assume all claims for damages which may be made by abutting property arising from the construction in said 'Compact', except those owners areas designated in paragraph (2) under "the State agrees", not including damage ur injury to property caused by the Contractor's operations from blasting, neglect. etc. (see abstract of State Highway Commission Specifications, Revision of January 1956, Article 106-11 "Use of Explo- sives", and Article 106-12 'Protection of Property", copies of which are _2_ attached hereto and made a part of this Agreement), but including such claims as may arise or result from the change in alignment, change in grade, widening, loss of trees, shrubs, etc., drainage, loss of or replacement of property owner markers (loss or replacement of property line or corner markers shall include only those markers for which the actual location Is unknow and the location has not been determined by 'the City' and not described in a listing to be made by 'the City' and submitted to 'the State') and such other claims, demands or causes of action 1n law or equity by ary person, parsons, companies or corporations within the limits of the 'Compact'. (2) To acquire (ard pay for, if necessary) all land and rights in land required for the right of way within the Compact' in accordance with the right of way maps prepared by 'the State', including such rights as slope easements, temporary grading easements, and drainage easements, as way be necessary, for the construction of the 'Compact' within the following described linitsr On the left or southerly side from Station 5W to 134+90. On the right or northerly side from Station 54+0 to 116+0. On the right or northerly side from Station 118+0 to 144+25. And to acquire the following drainage easements: Station 59+0 len - Inlet pipe. Station 72+50 left - Iwlst pipe. Station 75+97 right - Covered pipe. Station 84+85 right - last pipe. Station 88+05 right - Inlet pipe. Station 91+35 right - inlet pipe. Station 92+16 right - Inlet pipe. Station 93+75 right - Inlet pipe and inlet ditch. Station 94+38 right - Inlet pipe. Station 98+0 right - Inlet pine and inlet ditch. station 107+13 right - Storm sewer outlet. station 108+15 right - Storm sewer cutlet. Station 115+78 right - Inlet pipe. (3) To locate, prier to the commencement of construction within the 'Compact' by the Contractor, all property line or corner seekers located adjacent to or within the limits of the proposed 'Compact', and submit a written list of such locations to 'the State' prior to the commencement of construction of the 'Project' 17 the contractor. (4) To relmburae 'the state' for the cost incurred less the Bureau of Public Reads reimbursemant (approximately 50 percent) on Project s-50.0280(1) in accordance with the contract prices for the cost of the six-inch gravel base and the two-inch bituminous concrete surface for the sidewalk in Paragraph (1) under "the Beate agraass^ (station 75+15 to station 142w). And such reimbursement for the portion of sidewalk to be constructed shall he made by 'the City' to 'the State' upon presentation to 'the City' by 'the state' of a detailed statement of cost. (5) To install, maintain and pay for all costa of power for street lights of an intensity cammensurate with highway safety of approximately 0.2 toot candles between Stations 54+0 and 73+0, between Stations 76+0 and 113+0, and between Stations 12340 and 199+0 and approximately 0.6 Loot candles between Station 73+o and 7640 and approximately 0.8 foot candles between Stations 11340 ane 12340. (6) To prohibit parking on either side of Union Street at all times between Stations 11340 to 12340 and Soo feet easterly on Griffin Road. (a) To limit parking between Stations 5440 and 113+0 and between Stations 123+0 and 144412 to parallel parking only. (b) To prohibit parking within 2O feet Of any crosswalk. (c) To prohibit parking within 20 feet of the intersection of any street line. (d) To eliminate all parking on both sides oI Union Street the entire length of the 'Compact" at such time as the volume of traffic lncreases sufficiently to require two lanes for moving traffic in each direction as determined by the 'State' and 'the 'City'. (9) To make such changes in the City Fire Alarm System (if existing), without expanse to 'the State', as may he required as a result of the Proposed 'Project'. (8) To pass such City Ordinances as may be required to control all entrances to the highway as constructed as a part of this 'Compact' or as may be constructed in the future, in accordance with Chapter 23, Section 36 of the Revised Statutes of Maine, 1954, or as may be amended. (9) To assume all claims for damages to private underground utility type installations wherever the locations of said installations are not known by 'the State' or the Contractor or which locations may not shown on the plans for 'the Compact'; also to be responsible for the remwal, replacement, alteration, or relocation of any existing private order - ground utility type installations (such as wires, water, sewer, and drain pipes) as may be necessary to permit construction of 'the Compact'. (10) To eliminate and prohibit the disposal of any open sewage within the limits of the 'Compact'. (IS) To be responsible for and to notify all utilities that, except in the case of an emergency, no Service Opening Permits for opening ary pavement within the limits of this 'Project' x111 be issued for a period of five years from the date of completion of the 'Project'. (12) To hold inviolate the e:dstiug right of way, and agrees that no advertis- ing signs, posters, billboards, roadside stands or other private instal- lations shall be permitted within the said existing right of way limits and any advertising signs, posters, billboards, roadside stalls or other private installations or portions of buildings now within said existing right of way limits will be removed 1d direction of 'the City'. IN WITNESS WRBSEYJF THE PARTIES TO THIS ACREEFMEAT HAVE EXECUTED IN TRIPLICATE these Presents on the day and year first above written, the State of Maine by members of its State Highway Commission, hereunto duly authorized, and the City of Bangor ty its City -5 - Manager, thereunto duly authorized, BY ORCPR dated , a true copy being attached hereto and made a part hereof. smm, SEALED & DELNER® KATE OF Mi M In the Presence of: SPATE baGMWAY C@:MSSSION BY Chairman Dav1d H. Stevens By Vsmber Perry S. Forbush BY Member Carl M. Stilphen CITY OF BANGOR BY City Manager AFPRU Assistant Attorney General STATE OF NAIVE SPATE HI WAY c ISSION - SfANDA6D SPECIFICATIONS (Revision of January 1956) G/W Form 37 B7 ARTICLE 106-11 USE OF EY3LCSNFS. when the use of explosives is necessary for the prosecution of the works the Contractor shall exercise the utmost care not to endanger life or property. The Contractor shall ba responsible for any and all damage resulting from the use of expletives. All explosives shell be stored in a secure manner, in acerliance with the State and local laws and ordinances, ami all such storage places shall be legally marked. Any site where electric blasting caps are located or where explosives charges are being placed or have been planed shall be designated as a "BLASTING AREA". A "BLASTING AREA' within 300 feet of aw travelled way shall he marked by approved signs with dancematien similar to the followings "BLASTING AREA TURN OFF RADIO TRANSNIIY " and on the reverse sides "END OF BLASTING AREA" These signs shall be conspicuously placed at a distance oP 300 to 300 feet from each end of the "Bleating Area" and shall remain in place only while the above conditions are in effect and stall be removed after the bleat or aftar all caps have bean removed from the area. The Cou;ractor shall notify each public utility company, t ming structures in pec:dmi-,y to the site of the work, of his intention to use explosives and such notice shall be given sufficiently in advance to enable the conpandes to take such stege as they rosy deem necessary to protect their property from injury. Such notice shall not relieve the Contractor of responsibility for any damage resulting from his blasting operation. All persons within the danger zone of blasting operations shall be warned by the Contractor, and no bleating shall be done until the zona 18 cleared. Sufficient flagmen. Punished by the Contractor shell be stationed outside the danger sone to stop all approaching traffic during blasting operations. Hatchmen Shall be provided, by the Contractor, during the loading period until the charges have been exploded. ARTIOLE 106-12 PRmf ioN AND RES TION OF PEGPpITY. The Contractor shall not enter Won private property for say purpose wtthout first obtaining permission. He shill. be responsible for the preservation of all public and private property, crops, trees, momenta, highway signs and markers, fences, etc., along and adjacent to the Highways and shall use every precaution necessary to prevent damage or injury thereto. He shall Use suitable precaution to prevent damage to pipes, conduits, end other Wdergreund structures, to poles, wires, cables, and other warhead structures whether or not shown on the place. He shall protect carefully from disturbance or damage all land monuments and property marks until the Engineer has witnessed or otherwise referenced their location and shall not remove them until directed. The Contractor shall be responsible for all damage or injury to property during the prosecution of the work, recultj g from any act, omission, neglects or misconduct in his manner or method of assenting said work, or due to defective work or materials. This responsibility shall not he released ont11 the project has been completed and accepted. If any direct or indirect damage or injury he cone to puhlic or private property his or on account of, any act, omissions neglect, or misconduct in the execution of the work, or in coreequence of the non -execution thereof on the part of the 'Contractors he shall restore, at his own expanse, such property to a condition similar or equal to that edsting before such damage or injury was d000k or he well make gone such damages or injury in an acceptable mapper.