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Home My WebLink About2003-10-27 03-333 ORDERItem No. 03-333 Date: October 27 2003 Item/Subject: ORDER, Authorizing Execution of Documentswith Maine Central Railroad Company - Relocated Crossing At Railroad Street Responsible Department: Legal The City is realigning Railroad unrest which will also result in the realignment of the existing railroad crossing. The relocation of railroad crossing requires a deed from Maine Central Railroad to the City aflutter, an Easement from the City of Bangor to Maine Cental Railroad, a construction contract with Maine Central Railroad and a request for approval ofa public crossing from the Maine Department of Transportation. This Order will authorize the City Manager to accept a deed Som Maine Central Railroad, in execute an easement to Maine Central Railroad, to execute a construction contract with Maine Central Railroad and apply for approval of a public crossing. The purpose of the deed is to acquire the land upon which the crossing is to be located. The easement is for the purpose of continuing the exiting real across the relocated Railroad Strcet. The purpose of the construction contract is for the construction ofdre relocated crossing. The request of the Maine Department of Transportation is to establish the new crossing as a public crossing. Manager's Comments: These actions are consistent with the City's adopted waterfront plan, and I recommend your approval. City Manager Associated Information: Finance Director Legal Approval: ,fir � /��'\//aLy Soliotor % Passage _First Reading Page 3 of 2 Referral 03-v] Assigned to Cmumilor Crocley October 27, 2003 CITY OF BANGOR (TITLE.) ORDER, Authorizing Execution of Documents with Maine Central Railroad -- Relocated Crossing at Railroad Street WHEREAS, the City is realigning Railroad Street es apart of its waterfront master plan; and WHEREAS, the realignment of Radmad Street requires a relocation ofthe existing railroad crossing; end WHEREAS, the relocation of a railroad crossing requires a deed from Maine Central Railroad to fine City of Bought, an Easement from the City of Bangor to Maine Central Railroad, a construction contract with Maine Central Railroad, and a request for approval of a public crossing from the Maine Department ofTrauspmEatioo. NOW, THEREFORE, by the City Commit of the City of Bangoq be it ORDERED, THAT the City Manager is authorized, on behalf of the City of Bangor, to accept a deed from Maine Central Railroad, to execute an easemeatb Maine Central Railroad, to execme a construction contract with Maine Central Railroad, and apply for approval of public crossing. The purpose of the deed is to impure the land upon which the crossing is to be located. The easment is for the purpose of continuing the exiting rm'1 across the relocated Railroad Street. The purpose of the construction contract is for the construction ofthe relocated crossing. The request of the Maine Department of Transportation is to establish the new crossing as apublic crossing. Said documents shall be in a final form as approved by the City Solicitor or Assistant City Solicitor IR CIT4 CO0 L October 37. 3003 Passed p 03-333 0 R D 0H (TITLE) eatborisfag i 7tioo of Decanters rich evtr - owce Crossivg at Railroad Street AeelgnedtoCwnclRa r,�,, RELEASE DEED MAUVE CENTRAL RAILROAD COMPANY, a corporation duly organized am existing order the laws of the State of Maine, with offices at Iron Horse Park North Billerica, Massachusetts 01862 (the "Grmtm") in consideration of Three Tkntsand Six Hundred Fifty and 00(I00 ($3,650.00) DuBois paid m it by the CITY OF BANGOR, MAINE with a mailing address of 73 Harlow Street, Bangor, Maine (the "Grantee") hereby grants to the Grantee all the Grower's right, fide aM interest, without any warranties or covenants of title whatsoever, in a certain parcel oflimd, and the busldmgs, bridges, strucarres, crossings, fizmrea and improvements thereon, if any, sim axi in Bangor, County of Peuobacot, State of Mame (the "Premises") described as follows: SEE EM BIT "A" ATTACHED HERETO AND MADE A _ PART HEREOF BY THIS REFERENCE. This conveyance is subject to the following reservations, conditions, covenants and agreements: 1. This conveyance is made without granting any right of way, either by necessity or othmwise, over my remaining land or location of the Grantor. 2. The Grantor excepts from this conveyance any add all raihoad aacYS, railroad track materials (including, but not limited in, ties, transactions, switches and ballast) and/or related equipment of any description located in whole or in part within the Premises (the "Trackage"). 3. By the acceptance of this deed am as part consideration therefor, the Grentce hereby assumes any and all agreements, covenants, obligations end liabilities of the Grmmr m respect to my nAnegrouod facilities, drainage culverts, walls, crossings and/or other suuctores of any metre and description located in whole or in part within the Remises. 4. By the acceptance of this deed and sa part consideration tharefa, the Grentce agrees to unwocably waives, gives up and renounces my and 0 claims or causes of action against the Gramm in respect of claims, snits and/or evforcemem actions (including any azlmioishdfive orjadicial proceedings and MY remedial, removal or response aclfond ever asserted, ihrearenN, ingaided or requested by my person amhorgovemmenml agency on account of: (a) my release of oil or betatrons materials or subsUnres of any description on, open, Valor undcr the Premises in contravention of any ordinance, law in staade (including, but not limited in, the Comprehensive Emiromneml Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601, et seq., as ameaded); and (b) my and all damage to real in personalproperty, mond resources and/or harm in injury in persons alleged m have resulted from such release of oil or bazmdom materials or sabstarxes. 5. By the awepr,^r• of this deed snd or part covsidembov therefor, rhe Grantee hereby agrees to make on use of the Premises which, bo the sole am reasonable Opinion of the Principal Engineering Wicer of the Crzamor, adversely affects, increases or decreases drainage a, ham, upon min say remaimug bud or lasbmn of the Grantor. q Graeme ogres to indemnify and save the Gmutor harmless from and againt any and all loss, coat, damage or O rsa including, but nor limited m, rhe esst of defending 0 claims and/or suits for Property damage: puwmal Injury or desh arising Om of or In Out way attributable to any breach of the foregoing covenav[. 6. Gmnmr and gsvke wkmwledge that this wnve w Is k lieu of 'a watemptted riling of the Premises by immure by Power of emkeut domain, uheer 3 MRSA section 5205. (aameor, by ho aazpmnce Of the Purchase Price and by conveyance Of rhe premises in whole or k Pact to the gnaw, hereby waives any am all claims W mother wmpemafion, mcludoor severance damage, under M-A MRSA Section 52W(5) and all claims far PeOmmn stelmenoe under I MRSA Sediov 951 or seq. or odaer Provisions of law. Grsmm, for melf, its suces*rM 2Md msigu, further wai,ge; airy oW all rights to reacquire umedevelopM or mrthabihiakd portion Of the Premises pmsvxnt m 30-A MRSA Section 5203 (3)(E). ]. ILe Gramer excepts from this convryorcz say amd 0 Overhead, surface m moorg room sigoal sort wmmuwwtlon bine facilties of the Chanror located within the limits of the Premises am this ruuveipmee is subject to the Gramer's use of xnY such focititin is their present locatloas and eOaY ITOO rhe Premises from time to rime b member, rapair, replace, renew, retry or remove such facilities. & The Gmatoc hereby reserves for itself, its successors and assign, the right to mamom a railroad, together with the right m operate locomotives on bombs within the above mocrtbM West ontl said coavryopc is further made subject to the right of the Grm¢or m enter onm die above described parcel sad -onto adjacent laud Of the Gcsotee at au ewonable times with pzssomiel, vehicles and equ irmerst for We purpose of installing, replacing, meimainivg and using 12111OW nackege sort raihoisl emssiog slgaatiration. 9. Whenever used he tlds deed, the term "(sent" Shop wt WY refer m the M Ctrl ' RAILROAD COWWV1 ben olw its smcessms, assign and wiliates aid the term "Grsake" shag rot only refer b the above-mimed Choose, but 2150 the Gmvme's moressms, sssigne she grantees, as the case may be. 10. The sevug exceptions, reservation, wuditiwa, a veaaara and agreements ecatomed k Iles deed shall be deomM to ma with the laud sed he binding upon the Grantee forever. N addition m the aaepeane oW recording of Nis deed, rhe Grantee hereby sig lilies assent to the said several exception, reservations, wndiNom, covevevts and ageemwm, by joking in its excsAim IN WITNESS WHEREOF, the said MAINE CENTRAL RAILROAD COMPANY has caused ibis release deed to be executed in its>ame and its coaporate seal to be hereto}}tt,, affixed by David A. Fink, its Chief Executive Officer, thereunto duly authorized this ZS (% of nn aZ4� 2( ppIP (Bless GRANTOR: MAINE CENTRAL RAH.ROAD COMPANY B: avid A. Fibk, Cbie Execmive Officer GRANTEE: CITY OF BANGOR, MAINE By:640J4,339 Name: Edward A. Barrett Tile: City Itanager COMMONWEALTH OF MASSACHUSETTS Middlesex, as. C✓(" Z , 2006 Than personally appeared the above-mmed David A. Fink, the Chief Executive Officer of the MAINE CENTRAL RAILROAD COMPANY and acknowledged the foregoing release deed to be his free act and deed and the free act and deed of said MAINE CENTRAL RAILROAD COMPANY, before me. Z//77 �op��fZ Bdudl L fne',ault Notity Public MYcamm bQoe MY Commission Expires: aouv 7,2M STATE OF MAINE Penobscot, as. May 28 .2004 ThenpersonallyappeacdEdward A. Bacretthe City Manager ofthe Cityof Bangor, Maine and aclmowledged Ile foregoing release deed to be his@er free act and deed and the One act and deed of said City of Bangor, Maine, before me. Cx Public Myy Commissiw Expires: NORMAN S. HEITMANN, III NOTARY PUBLIC • MAINE MY COMMISSION EXPIRES JANOARY 31,2011 -5- EXHIBIT "A" MAINE CENTRAL RAILROAD COMPANY TO CITY OF BANGOR, MAINE SALE OF LAND IN BANGOR, MAINE Beginning at a point N 88°22'31" W fifty-nine and one one hundredths (59.01) feet from the intersection of the south line of Railroad St. and the east line of Front St.; thence southwesterly by a curve to the right with a radius of one thousand three hundred fifty (1350) feet and a chord of S 45001'21" W one hundred thirty-one and ninety-nine one hundredths (131.99) feet, one hundred thirty -Nm and five one hundredths (132.05) feet to a point; thence S 46°49'30" W fourteen and fifty-four one hundredths (14.54) feet to.a point; thence N 64°48'22" W fifty-three and seventy-nine one hundredths (53.79) feet to a point; thence N 46'49'30" E thirty-five and eighty-six one hundredths (35.86) feet to a point; thence northeasterly by a curve to the left with a radius of one thousand three hundred (1300) feet and a chord of N 4465648" E eighty-five and twenty-two one hundredths (85.22) feel, a distance of eighty-five and twenty-four one hundredths (85.24) feet to the south line of Railroad St.; thence S 88°22'31" E, by and along said Railroad St.; sixty-five and seventy-seven one hundredths (65.77) feet to the point of beginning. The above described parcel of land is oriented to the Maine State Coordinate System (NAD 1927) and contains fifteen one hundredths (0.15) acres. The above description was prepared by James M. Greer, PLS #1129, 73 Harlow St., Bangor, Maine. O3-333 CONSTRUCTION AGREEMENT THIS AGREEMENT made this �, 1 n day of�/17< � .2004, by and between the City ofHangm, Maine, hereinaRer referred to atik "City" and Maine Central Railroad Co./Springfield Terminal Railway Company, with offices at hon Horse Park, North Billerica, Mas'sachusetls, hereinafter referred m as the "Raihoad". WHEREAS the City has developed plans and specifications for the reconshvction of Railroad Street th Bangor, Ma including that portion of the roadway that crosses ow the Rai W ad's track at grade, and WHEREAS the City's work will require the Raihoad to provide inspection and flagging, and to perform track, signal ant other work, as regpited, and WHEREAS the Railroad is willing to perform such work for the City, subject to certain rums and conditions, and WHEREAS the work is to be fivanced m full by fimds provided by the City, NOW, THEREFORE, in cmancle aticn thereof awl of their mutant undersmndivg therein, the parties agree as follows: PROJECT, The Railroad will perf the work minim ito accommodate the City's projw4 an detailed inthe attached EXI4MIT'A'. Included in the project me certain items of work that the City agrees to perform with its forces such as bituminous concrete paving and vehicular detours (if required). EXECI FION, The work as detailed is EXHIBIT 'A' will be performed by the Rainned. . Any changes within the Scope of Wink, required to complete the project, that ere mutually agreed to by the City and the Railroad, shelf also be attached hereto and made a parthueef. Itis agreed that any supplementary estimate which may, be necessary, and which is subsequently approved by the City mil me Railroad, shall also be attached hereto and made a part hereof RFOIHR.EM S OF CITY: The City agree to require its contractor(s) to execute a Railroad Service Agreement, as prepared by the Railroad's Rest Estate D parm wrt, and w furnish Railroad Preventive Liability lnsmance in a fora acceptable in the Railroad. PROVISIONS FORMETHODOFPAYMENTTO THE RAILROAD' Theworkas detailed in-EXE�I'f`A'bas been estimami [o rest $283,8]6.00 �rtiGzivg ihebest ivfommtionavailable atUte time ofestimefivg. 1. The entire cost of performing the work will be bome by the City, and the City will pry for all labor, material, equipmem and other services performed by the Railroad to complete the work 2. The Railroad will submit m the City a wrist®request for an advance deposit m> m the ammo[ of the estimated cos[ of the project, including any supplemental emnsho(s). The City will melee payment to the. Railroad within 30 days of receiving the written request. 3. The Railroad will provide the City with an accounting of actual costs incurred to perform the work If the actual can incurred by the Railroad exceeds the advance deposit(s), the City will make prompt payment of the balance. The Raihoad will refund any advancod funds not spew, following receipt ofaw rmm request fi no the City. PROSECT COMPLETION: Upon comple ton of the project the Railroad will mnumm its facilities as requhed by the applicable regulations and smtans. The roadways and appurf®mces wiH be maintained by the City as required by the applicable regulations and statute& MATERIAL PROCURP.I&M, The Railroad will famish a listing Of required materials, by vendor, to the City in the f of purchase orders, said purchases to be procured by the Railroad The City agrees to melee payment di Aly to the vendors for the matenals, upon notification from the Railroad that the material hes been receivA . This agreement shall take effect on the day and year fort above written sod shag continue is effect until Use work to be performed by the Railroad is completed or until terminated by thirty days written nonce Som either party. IN WITNESS WHEREOF, the parties Issum have executed this Agreement on the day and year above written. YOF BANGOR, MADE MAINE CENTRAL RAILROAD COJ _ SPRINGFIELD TERMINAL RAILWAY CO. D. Ring - Cre *nor— Chief Design Engineer (2) 133 3 UA' Maine Cenan] Railroxt Co./Springfield ievvival Railway Co. Bangor, Maine—RaiLwd St act SCOPE OF WORK operations Trackwork — Trurtal anon of mloonked gradt owssing at �oad Street including rubber the �ucuom SMNGRELD TERMINAL R11Lwav C PAW ENGINEERING OEPARI NT REMMITIILTgi BY THE CRY OF BPNG0R, MINE OF A GRADE GROSSING CARRYING RAERCpO STREET OVER THE TRPS( OF THE FREK2I NNN MAN LINE IN R W W R, MAINE STATEIAEIR OF WORN TO BE PERFMMEO BY RPWNGFIEID T£Id11NPL RAHWAY 4C1.8ANY. FURNISH LABOR. EOUIM NTAMNATFAVL AND OTHER SERVICES AS REONREG. 1.CONSTRUCTION- PREUMINARY ENGINEERING 3 CdJ51RUCMNI. FIEND ENGNEERMG SUP MON, CONSTRUCTION IN 4. CONSTRUCTION- RECUXGTRUCT GOALS CROSSING. INSTALL SURI f O.ACCWNTING 11, SAGNAL- FRELIMMSRY ENGINEERING ., 12. SIGNAL- OFFICE ENGINEFINNG - 14. SIGN9L-INSTfJL XEW gV}gAFTIC CROSSING PRCIELTNONINTERFACE 15. SIGNAL-SNCPWWING. JSm. 1. A $0.00 LELDI COFER TOTAL$0.00 2. $4080.00 $20.00 VOODOO $20o W $4,660.00 3. $2.720.00 $1,000.00 $3,]20.00 4_ $29,900.00 $25,976A0 ($500.00) $12,000.00 $87,176.00 10. $280.00 $200.00 SODOM $200.00 $3,320.00 11. $0.00 $000 12. $11,475.0 $11,475.00 14_ $45.800.00 $139.105.00 $0.00 $3,WOOD $103:505.00 16. $1020.00 $0.00 `DRO BODO g00 1102000n $96.495.00 $165,481.0 ($500.0) $22,00.00 $400.00 $283,8ffi.0 N0TEY1 THEABOVECOSTISFORESIMATEWNPOBESCNLy. EWN03WILLMEAAXONACTUALCOST NOTE M CITY OF &ANGOR M RESPONSIBLE FOR SETTING W AM MNNTNNING VEHICULAR TWOS DETOUR PHO ROPDttOBLWE, M0.UOMOALLMSWATE000BT MOFORAL401NMIWUSPAN . Q. L GEO 8aMYER GHIEFOESIGNENGINEER DATE'. AL 9PPoNGFIEIDTE IA RAILWAYCOMPANY BOSTONANOMNNECORPORAl10N ENGWI RIMG CEPoATMENF —AwmmmmmL LCCATQN- SWGORMAINE- RALR B1 REE! _ GESCMFPON-RMONJ RU GRPOE CROSSING - - X11 MOUNT 0 x$000 mr MMAN PRELIMINARYENGIL£ERING LS WOO REMI¢ OFMCEENGINEERING LABOR MG 15 $160.00 $2,400.00 - $2,400.00 GVERNEADf>ox) - % $1,860.00 $1,6$0.00 MATeuAL - Ls - $200.00 $200.00 EQV1 N! ts- $200.00 UODOO OTNBR Ls - $200.00 $200.07. SuerorAL $4,Be00o REMp FIEIDENGINEEMNG LABOR MO 10 $160.00 $1,800 OD $1,600.00 OVERHE (M%) % $1.120.00 $1,12000 EQUPMENT DAY 10 $100.00 $1,000M 21.00 oo SUBTOTA $3,]20.00 rt MM RELDCONMUCTION u R I Co 10 $1,600.00 $16,000.00 $16,000.00 OWRNEM p0%) % $11,200.00 $11,200.00 Pe OIEM PER DAY 10 $2$0.00 $$60OA0 $2,600.00 MWWOR 1.g $000 $0.00 McTERAL sEE ATr $25,916.00 SNLVAC£ LS $500.03) ($500.00) ECOIPMENT CD 10 $1,200.00 $12,00000 $12,000 Do SVUOTA —881,176.00 ITEm40 AC NRNG LABOR NO 10 - $160,00 $1,600.00 $1,800.00 o RIEAF ) % $1,120.00 $1,120.00 MATERML LS $20000 $200.00 $200.00 $200.00 OTNER _ Ls $20000 $2WX sUSIOTAL _ - $3,320.00 TOTAL MS i T1RU 10 $16,690.00 NOTE M INE ABOVE IS FW ESTMAIE PURPOSES ONLY BILLING WILL 9E NADE ON AMT COST. SPRINGFIELD TERMINAL RAILWAY COMPANY BOSTON AND MAINE CORPORATION ENGINEERING DEPARTMENT MATERIAL LISTING LOCATION -BANGOR, ME -RAILROAD STREET DESCRIPTION - RELOCATE GRADE CROSSING MATERIAL UNIT QUANTITY PRICE TOTAL RAIL 2-112#-195 FT GWR FT 390 $5.00 $2,390.00 TIE PLATE IS IC0 EA 260 $7,50 $1,95000 RNLANCHOR EA 520 $1.25 $550.00 SHOP WELD EA 6 $M $500.00 THERMIT WELD (115#) Eq 0 MAD 00 $C.Gp TIE PADS EA 2B0 $125 $325.00 -TIES EA 130 $90.00 $5,20000 B "TIES EA 0 $30.00 80.00 TAG EA 520 $0.25 $13000 SPIKES LAGSPINES - EA 0 $075 $0.00 STEP JOINTS 112/115# PR $250.00 $1.000.00 L EA 0 0 $5000 $000 GEOTEBW T TST FT 200 $9.00 $900.00 BAL TON 300 $15.00 $9,500.00 CROSSING SURFACE GROSSING SUR FT 60 $90M $51A00.00 6' PCMR FT 60 $4.00 $320.00 BITUMINOUS CONCRETE PAVING TON 0 Soo.w woo STEP JOINTS 100#A 129 PR 2 $200.00 $400D0 SUBTOTAL $23,615.00 _ _-_MISC. B MATERIALS OVERHEAD (10%) - -$2,351.50 - TOTAL $25,976.50 Springfield Terminal Company Rail Division -CaS Department Fsfimafe det ion drwkyaml flashing linghtsignalswh Front Street Page Page 3 Page 4 Page 5 Page 5