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Home My WebLink About2000-04-24 00-167 ORDERCOUNCIL ACTION Date: goxil 26. 2000 Item No.: M_T6L ItereSubject Authorizing City Manager to Execute Agreementwith MDOT-Special Provisions, Proposed Stillwater Avenuea-951mcrehauge P.I.N. 4926.0111t -1-151-11F.95 8(155) Responsible Department Engineering Commentary: . The attached Order authorizes execution of a routine agreement with MDOT, which involves the layout, construction and maintenance of the proposed Stillwater Avenue/1-95 Interchange project We haveexecuted similar agreements on a number of previous MDOT projects. Execution of the agrment is recommend. A copy is attached. W"Gd- Deym(meni Heol Mm/%agmeis�C,o�m�m�euntjXs�: n f, UD ^ ^ A m.+u-.`O�Q y/('1_ 1'� 0 �\ c0n-p(lnMMs+suQ f A%1- Associated tnformatlon: Budget Approval: /y'ffrmom'e Dirxtar Legal Approval:. C. Soli iro. Passage First Reading ❑ Referral Page of 0o-16) .4e®gnedto CounNor Ruh,an April 26, 2000 CITY OF BANGOR (TITLE.) (orbfrt Awthonzingory Manager to execute Agreement with MDOT—Special Provnsons, Proposed S il[eater Avev eA[-95 Interchange PIN. 4926.00/44M -11P-054(155) Bh W My t anmeil of W Cite of Beeper. oauaxsoe TILLT the City Manager is hereby authorized and directed to execute an Agreement with the Maine Department of Transportation regarding the layout, construction and maintenance of the proposed Stillwater Avenue/[ -95 Interchange project, P.I.N. 4926.00/IF-1-I-IM-HP-95-8(155). A copy of the agreement is attached. IO CITY COOPCI April 26. 2000 Yausd 00-167 ORDER ITS Title, Authorising City Manager to pecutc Agreement with IDIOT - Special provisions. pro posed Stillwater Avenue/ I-95 Iuterchmfi ............ ...................................... (_woo- e� LQaazw A ped to �Covndlmen MUNICIPAL/STATE AGREEMENT BETWEEN TLID STATE OF MAINE DEPARTMENT OF TRANSPORTATION AND THE CITY OF BANGOR REGARDING THE LAYOUT, CONSTRUCTION & MAINTENANCE OF THE PROPOSED STILLWATER AVENUE/1-95 INTERCHANGE UNDER FEDERAL AID PROJECT NO. IR -I -IM -HP -95-8(155) PROJECT IDENTIFICATION NUMBER (PIN) 4926.00 This AGREEMENT is entered into on this day of , 2000 by and between the STATE OF MAINE DEPARTMENT OF TRANSPORTATION (hereafter DEPARTMENT) and the t.ITY OF BANGOR, a body corporate and politic located in the County ofPenoluxot (hereafter CITY) regarding the layout, construction and maintenance of the proposed Stillwater Avenue/Interstate 95 Interchange in Bangor under Federal Aid project No. IR-I-IM-DP-95-8(155)/Project Identification Number (PIN) 4926.00 (hereafter projecr) as follows: A. The DEPARTMENT agrees to provide all funding necessary for the project and be responsible for all costs thereof except for any local cost sharing as hereinafter provided under Paragraph D below. B. The DEPARTMENT also agrees to procure and administer a contract to construct the project in accordance with the plans and specifications developed for the project, to which reference is beseby made for a more particular description thereof. The DFYARTMENF reserves the right to terminale the project for just cause prior to the award of a contract to construct the project. C. The CHT agrees to the laying out and establishment of a portion of the project as a controlled access highway pursuant to the provisions of 23 M.R.S.A. ¢ 301 et seq. as set forth and described in a Notice of Layout and Taking dated December 15, 1999 and recorded February 7, 2000 in the Penobscot County Registry of Deeds in Book 7287, Page 220. D. The DEPARTMENT agrees that the CITY, at its election, may request that changes be made or work added to the project during the period of construction which benefits the CITY, provided the CITY agree in wnfing to pay any additional cost therefor based upon the cost of construction plus an amount not to exceed ten (10%) percent of such construction cost to cover aft necessary engineering, inspection and administrative costs 00-16] -PIN4926.00 Form Fd 3/16/00 Page 2 of Pages associated therewith, unless specified otherwise. All such requests shall be subject W approval by the DEPARTMENT. In the event that such changes or work are approved Ads federal participation W the cost mutual, such additional cast maybe reduced to the non-federal abuse of such cost. . R The CITY agrees to allow the DEPARTMENT's contractor to control all traffic through Me work areas on me project as necessary W permit construction thereof in me manner specified by the DEPARTMENT. F. The CM agrees, where necessary, W plus, move, relocate or remove any municipal property, including all fixtures, facilities or monuments, located on, under or above the ground, which might become necessary W permit construction of the project, which bas not otherwise been provided for daring me development of the project, without any cost W the project whatsoever. Any work necessary to do so during the period of construction shall be coordinated with the contractor for the project G. The CITY agrees, where necessary, W be responsible for the removal, relocation, replacement, alteration or repair of any private underground utility insWlation or service connection not shown or located on the plans for the project which may be necessary W permit construction of me project and agrees W save the DEPARTMENT harmless from any claims for damages occurring as a result thereof. H. The = agrees W prohibit the opening of any pavement on Stillwater Avenue within me limits of the project not omerwbse under the conwl of the DEPARTMENT for a period of az least five (5) years after completion of the project, except for any emergency, and shall make all necessary notifications W abuttors and comments of Stillwater Avenue as prescribed coder the provisions of 23 M.R.S.A. § 3351. Thereafter, the CITY agrees that all future openings and excavations within the right-of-way of Stillwater Avenue within Mat portion of the project under its control shall be regulated and controlled in me manner specified by the DEPARTMh1q'p in its Ruta, Regulations and Policier for Highway Openings-, W which reference is hereby made. I. The CM agrees W maintain all improvements and fixtures onswcted, installed or famished as a Fart of the project in such a number as is necessary W preserve the use and function thereof as intended by the project, including the traffic signal, pavement markings, traffic consul signs and overhead lighting futures as hereinafter provided. 1. The CTTY agrees W be responsible for the operation and maintenance of the proposed traffic signal on Stillwater Avenue at the and of the I-95 tamps, including all costs associated therewith, upon satisfactory completion of the installation thereof and acceptance by the DEPARTMENT, except as hereinafter provided under subparagraph 2 below, and shall operate and maintain the traffic signal and all equipment appurtenant thereto to Wnction as designed and installed by the DEPARTMENT m shown on me plans for the project, unless approved otherwise as bereafler provided, or as necessary as follows: 00-16] FIN4926.00 Form Fd 311"0 Page 3 of Pages a. AB malfunctions and deficiencies in the traffic signal or any equipment appurtenant thereto shall be repaired or corrected expeditiously in accordance with the Insfibute of Transportation Engincers' (1TE) "haj%ic Signal Inrmllarion and Maintenance Manual". Any failure to correct the traffic signal to function as designed could, upon written notification from the DEPARTMENT, result in the DEPARTMENT Pandang all necessary repairs at the CITY'S expense. b. The visibility of the traffic signal shall be preserved and meumined at all times by remp, g any visual impairment thereto. c. No change in operation or modification to she traffic signal or any equipment appurtenant thereto shall he made without the express written approval of the DEPARTMENT. d. The DEPARTMENT shall be notified in writing prior to any removal or replacement of the traffic signal or any equipment appurtenant thereto. Upon removal, such traffic signal or equipment so removed shall be returned to the DEPAR'T'MENT without any cost to the DEPARTMENT, unless agreed otherwise in writing. 2. The DEPARTMENT agrees to retain all ownership of the traffic signal and all equipment appurtenant thereto and be responsible for any repair or replacement necessary to correct any manufacturer's defect of tautly wordnanship therein during the warranty period, unless agreed otherwise by the parties hereto. 3. The CITY agrees to maintain ad pavement markings (including stop bars, lace use mows and all striping necessary to delineate burning lanes) and all traffic control signs appurtenant to the traffic signal hereinbefore described. 4. The CITY agrees to be responsible for the operation and maintenance of six (6) chain overhead lighting fauces, including all costs associated therewith, upon satisfactory completion of she installation thereof and acceptance by the DEPARTMENT, as shown and labelled on the highway lighting plans for the project as "13AN-ol", "BAN -02", "BAN -03", "BAN -04", "BAN -05- and "BAN -06". 5. The CITY agrees to be responsible for the electrical service the baffic signal and the overhead lighting fixtures hereinbefore described and agrees to provide any necessary local permits appurtenant uereto and execute any necessary documentation required by the provider of such service to establish such service. J The parties hereto agree that all enhanres aM access connections to the highway within ue limits of the project Sued he controlled as follows - 1. The DEPARTMENTsballberesponMblefwthcwnuolofallentmncesandaceess connections to the highway within those areas of the project where the control of access has been established by the DEPARTMENT in accordance with the provisions of 23 00-16] PLY4926.00 Form Fd. 3116100 Page 4 of Pages MRSA § 301 a seq. as set forth and described in the Notice of Layout and Taking hereinbefore referenced order Paragraph C. 2. In all other areas within the limits ofthe project where such access is not controlled by the DEPARTMENT as aforesaid, the CITY agrees to regulate all entrances to the highway in accordance with the provisions of 23 MRSA. § 704. K. The CITY sba]l keep the right-of-way of the project inviolate from a l encroachments and shall remove, or cause to be removed, any private installation, advertising sign, device or fixture which may encroach thereon. L. The CITY shall prohibit all on -street parking within the entire hunts of the project. IN WTFNESS WHEREOF, the partes hereto have executed this Agreement in duplicate effective on the day and date first above written. STATE OF MAINE DEPARTMENT OF TRANSPORTATION By: Witness By: John G. Melrare Commissioner CITY OF BANGOR Vitness Fdwar6A. Barrett City Manager prh 311660