HomeMy WebLinkAbout1995-10-10 95-439 ORDERCOUNCH, ACTION
Date: 10-10-1995 bourbon: 95_439
ItemlSubjeR: Authorizing Execution of NIDOT Agreement- Penobscot Interceptor Sewer
Relocation for Penobscot Bridge Replacement Project
Responsible Department: ENGINEERING
Commentary:
The Penobscot Bridge Replacement Project will culube relocation of approximately 120 LY. of
the City's existing Penobscot Interceptor Sewer to make ram fora new allotment. The City
Engineer bas been working with MDOT and provided plans end specifications for the Sewer
Relocation. 'this work will be done as part of the Bridge Contract and will be inspected end
tested by the City. This Council Order authorizes the City Manager to execute an Agreement
with IsMOT which outlives the parties obligations end provides for reimbursement of City
expenses. A copy of the Agreement is attached.
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Manages ComlImonts:
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Associemd IMonnetim:d
Budget Approval:
PiammDveew
Legal Approval:
arysoucuor
Intr duced For:
Passage
First Reading
Referral
Page of
95-639
Aoigned to Cowegor Blanchette October 10, 1995
CITY OF BANGOR
(TITLE.) 4t1T;IMt Aumonzing Execution of MOT Agreement- Penobscot Interceptor Sewer
Relocation for Penobscot Bridge Replacement Proj"L
By &W City CboeaH Of the City ofBaeyur,
ORDERED,
THAT
the City Manager is hereby authorized and &acted to execate an Agreement with
the Maine Deportment of Transportation regarding relocation of a portion of the
Penobscot Interceptor Sewer for the Penobscot Bridge ReplacemeM and
rambursmu:vt of expenses to the City of Bangor therefor.
IN CITY COUNCIL 3
October IU, 1995 -F
95-439-",
Passed
0 HOER
f
CITY CLEM
Title, Authorizing Execution of IOIDT
. Agreement - Penobscot Interceptor Sever
Relocation fo[.Penobscot Brid&e Reelace-
menc Project....
..
......
Arm to
...... La��......
Councilman
95-439
Bangor -Brewer
BR -BRP -038-1(35),
2672.00
September 13, 1995
THIS AGREEMENT, in triplicate originals, entered into this
day of A.D. 1995 by and between the State of
Maine through its Department of Transportation duly authorized by
the laws of the State of Maine, hereinafter referred to as "the
Departmenb daCitthroughngor in Penobscot County, a body
incorporatedyCity Council hereunto duly
organized under the laws of the State of Maine, hereinafter
referred to as "the City". ,
WHEREAS, the Department has prepared plans and specifications
marked "Federal Aid Project, Project Number BR-BRF-038-1(35)
hereinafter called 'the Project" for the construction of a
portion of Penobscot River Bridge in the City of Bangor in
Penobscot County, and
WHEREAS, the City has underground facilities (Consisting of 27"
sanitary sewer main with two (2) sanitary manholes within the
limits of the project which the proposed work will move
approximately 120 feet of 27 inch sanitary sewer to apermanent
location to clear the area for highway construction, and
WHEREAS, the existing underground sewer main serves the public
interest, and
WHEREAS, the relocation and reconstruction .o£ the existing
facilities in accordance with the plan (relocation of existing
27 inch sanitary sewer) and with an estimate dated September 8,
1995, -both prepared by the City, which plan and estimate are
attached hereto and made part hereof.
WHEREAS, the City does not have the staff to do the sanitary
sewer work, the City has requested the Department to include the
sanitary sewer work in the Department's contract.
WHEREAS, the Project requires the 'reconstruction plans, owned and
maintained by the City for which reconstruction the Department is
obligated to pay within Title 23, M.R.S.A. Section 154.
NOW, THEREFORE, the Parties hereto agree:
1. An estimate dated September 8, 1995, in the amount of
$91,815.00 prepared by the City outlining the cost of
engineering, inspection and construction items required
to relocate the 27 inch sanitary sewer to a new
permanent location, is attached to and made apart of
this Agreement. _
95-439
Bangor -Brewer
BR -BRP -038-1(35),
2672.00
September 13, 1995
2. The Department agrees to include in the highway
contract the relocation of the 27" sanitary sewer main
and to reimburse the City for design cost and
construction inspection.
3. Prepare and submit to the City, plans and estimates for
any substantial changes in the work provided for i
subparagraph 1 and shall request from the City an order
amending this Agreement and incorporating the changes
therein.
4. Notify the City Manager, by telephone or by letter, a
reasonable time in advance of beginning or (after a
suspension) of resuming work for which reimbursement is
to be claimed. The City shall be responsible for
inspection on the pipe, pressure teat, etc. The
Department shall be responsible for the inspection of
the pipe grade, the trench backfill and compaction.
S. The Department and the City agree that the total length
of 30 inch sanitary sewer main provided in the contract
is based upon information provided by the City. other
sewer main
owned by the City within the project limits
that do not meet the Department's specifications will
be relocated according to the contract unit price.
This Agreement does not relieve the City of its
responsibility for the maintenance of its utility
facility within the highway right of way.
6. The Department will place upon its Contractor the
normal and usual responsibilities for this procedures
in relationship to the City facilities, As set out in
Section 105.06 of the Destandard
s ecifications. Bi and Bridges. April 1995
R d as set out in 2 .A. This
Agreement does not intend to address the liability
relationship between the Department, the Contractor and
the City, as alreadyt bl' h d by the ration of
law and by contract provisions.
7. The City shall not receive through this Agreement any
rights in the project or any responsibility therefore,
other than may be provided through subparagraph 5.
Bangor -Brewer
BR -BRP -038-1(35),
2672.00
September 13, 1995
8. The City shall accept a lump sum of $5,500.00 for the
design engineering and inspection, which amount may be
modified by any applicable change order, as full"
Payment of all claims against the Department for the
cost of doing the work outlined in subparagraph i
above.
9. The City shall submit to the Department promptly upon
completion of the work, a bill in the form prescribed
by Federal Aid Policy Guide Title 23, Chapter I,
Subchapter 6, Part 645, 'Subpart A, dated October e,
1993, hereinafter referred to as PABG, 23, CPR I, G,
645, A, for full payment of all claims in the amount
specified in subparagraph S.
10. The City shall charge or request no interest payments
against the Department on account of this project for a
period of 60 calendar days from the date the Department
receives billings.
11. In accordance with the provisions of Title VI of the
Civil Rights act Of 1964 (78 stat. 252) and the
Regulations Of the Department of Transportation, (Title
15 Code of Federal Regulation Part 8) issued pursuant
to such Act, award any contracts entered into work
covered by this agreement, with discrimination because
of race, color, or national origin, and shall insert
the nondiscrimination clauses set forth in Appendix A,
Department of Transportation Regulations -Effectuation
of Title VI of the Civil Rights Act of 1964 (a copy of
which is attached to this agreement) in all contracts
awarded by the City for work to be performed under this
agreement.
12. In accordance with the provisions of Executive order to
the Governor, No. 24 FY 73-74, the City shall insert
the nondiscrimination clauses set forth in Appendix B,
'Department of Transportation, Effectuation of Executive
Order Of the Governor, No, 24, FY 73-74 (a copy of
which is attached to this agreement), in all contracts
awarded by the City for work to be performed under this
agreement.
13. In accordance with the provisions of FAPG, 23, CRF, I,
G, 635, D, the City shall provide certification to the
Department that its purchases of steel products has met
the requirements of the guy America Clause. The
requirements of the Buy America Clause are set forth in
Appendix C of this agreement.
95-439
Banger -Brewer
BR -ERF -038-1(35),
2672.00
September 13, 1995
IN WITNESS WHEREAS, the Parties to this Agreement have executed
the same on the day and year first above written, the State of
Maine by the Chief Engineer of its Department of Transportation.
duly authorized; and the City of Bangor by its City Manager
duly authorized.
STATE OF MAINE
IN THE PRESENCE OF: DEPARTMENT OF TRANSPORTATION
WBy
itnaOa - DOT) Theodore N. rYaeopOp109
' Chief Engineer
CITY OF BANGOR
Ey
(Withess - City) Clty Manager
93-439
.. March 8, 1984
APPENDIX A
DEPARTMENT OF TRANSPORTATION
EPF6L^1'OATION OF TITLE VI OF THE CIVIL-RIGHTS ACT OF, 1964
.During the performance of this ;ontract,. the. contractor, for
itself,. its assigns and successors In interest (hereinafter --
referred to as the "Contractor ),, agrees as. follows:
1 (1) CGVPiIance with Re tat' The Contractor will -
'comply with the Regulations of,the Department of
Transportatlon relative to non-discrimination in
federally -assisted programa .of: the Department of
Transportation (Title 15, Code Of -Federal Regulations,
Part 8, hereinafter referred toas the Regulations),
which are herein intorporated.bytolerance and made a.
part' of this contrapt.t
(3)- Nondiscrimination; The Contractor, with regard to the
work performed by It after award antl prior to
,. completion of the contract work, will not discriminate
on the ground of race„ color or national Origin in the
'- selection and retention Of Subcontractors, including
Procurements of materials and leases Of equipment.
The Contractor will not participate either directly or,
indirectly in the discrimination prohibited by Section
8.4�of the RegulatiOnsy, including employment practices
when the contract, covers a program,set forth in
�! Appendix A-11,of the Regulations. -
1. (3) -Solicitations for Subcontracts I•Includin Procurements
a� Of Materials and E i G In all solicitations
'-either by competitive bidding Or negotiation made by
the Contractor for work;to-be -performed under a
i a; tsubcontract, Including procurements' of materials or
oequipmentj each potential subcontractor orSupplier
•:�i nn,,• • shall' be notified by the Contractor. of -the'
•Contractor's obligations' under this contract and the
i'•: Regulations relative to, nondiscrimination on the
„
ground of race, color- gr national origin:
. OVER
/cls
'provisioner including sanctions10dec noncompliance:
Provided, however, 'thatin the event a Contractor
becomes involved int, or is threatened witht litigation
with a subcontractor or:supplies, as a result of such
direction, the Contractor may request the State to
enter into such litigation to protect the interestsof
the State, and in addition, the Contractor may request.
the United States to enter into such litigation to
protect the interests of the United States.
95-439
: APPENDIX A
(4)
f tl d R rt : The Contractor will provide
all informatlan antl reports required by -the .
Regulations or orders and Instructions issued pursuan
thereto, and will permit access to its books, records
accounts, other sources of information and its
facilities as may be,determined by
the Bureau of
Project Development or the Federal
Highway
Administration to be pertinent to ascertain compliance
-� -
with such Regulations, orders and instructions. Where,
any information required of a Contractor is in the
'exclusive possession of another who fails or,refusea
to furnish this information/ the Contractor shall s
certify
to the Bureau of Project Development or the
'
Federal
HighwayAdministration as appropriate, and
shall set forth what of forts it has made to obtain the.
,,.
information: ..
'
Sanctions for Noncompliance: -in the event of the
.::(5)
-Contractor's noncompliance.,with the nondiscrimination
provisions of 'this contract, the Bureau of Project
Development shall impose such- contract sanctions as it
or the Federal Highway Rdminfetration may determine to
be appropriate, including, -Dut.not limited to:
(a) withholding of payments to the Contractor
" under the contract until the Contractor
complies, and/or -
(b) cancellation,termination or suspension of
"
"
the contract, in whole or in part.
(H)-
incorporation ofProvisions: The Contractor will .
Include the PrOvIsiOun of paragraph {1) through (s)
in
every subcontract"including procurements, of materials
and leases or equipment, unless,exempt by the
-Regulations,
order or Snetructione asaued pursuant
"
thereto. The Contractor willtakesuch action with
" ..respect
to any'subcontract.or procurement as the
.
Bureau of Project Development or the Federal Highway
Administration may diregt as &,,means of enforcing such
/cls
'provisioner including sanctions10dec noncompliance:
Provided, however, 'thatin the event a Contractor
becomes involved int, or is threatened witht litigation
with a subcontractor or:supplies, as a result of such
direction, the Contractor may request the State to
enter into such litigation to protect the interestsof
the State, and in addition, the Contractor may request.
the United States to enter into such litigation to
protect the interests of the United States.
95-439
May 3,, 1974
APPENDIX D
DEPARTHENT OF TRANSPORTATION
EFFECTUATION OF EXECUTIVE ORDER OF THE GOVERNOR, NO. 24 FY
73-74, "CODE OF FAIR PRACTICES ANO AFFIRMATIVE ACTION" DATED
NARCH 2O,. 1974. _.
EXTRACT FROM DEPARTMENT OF PERSONNEL, EXECUTIVE DEPARTMENT,
STATE OF NAINE, "GUIDELINES FOR IMPLEMENTATION OF EXECUTIVE ,
ORDER" DATED RANCH 20, 1974.
During the performance of this contract, the Contractor agrees
as follows:
1. The Contractor will not discriminate against any employee
or applicant for employment because of race, color,
religious creed, sex, national origin, ancestry, age, or
physical handicap, unless related to a bona fide
.occupational qualification. Such action shall include,. but._v ...
not be limited to the following: employment, upgrading,
demotions, transfers, recruitment or recruitment
advertising; layoffs; or terminations; rates of pay or
other forms of compensations; and selection for training
including apprenticeship.
2. The Contractor will, in all solicitations, or advertising
for employees placed by or On behalf of the Contractor,
state that all qualified applicants will receive
consideration for employment without regard to race, color,
religious creed, sex, national origin, ancestry, age, or
physical handicap.
3. TheContractorwill send to each labor union or
representative of the workers with which he has a
collective or bargaining agreement, or other contract or
-understanding, whereby he is furnished with labor for the
.performances of his contract, a notice, to be provided by
the contracting department or agency, advising the said
labor union or workers' representative of the contractors
commitment under this section and shall post copies Of the
notice in conspicuous places available to employees and to
applicants for employment.
4. The Contractor will cause the foregoing provisions to be
inserted in any subcontracts for any work covered by this
agreement so that such provisions will be binding upon each
subcontractor.
/cls
95-439
April 17, 1992
Supersedes
March 9, 1984
APPENDIX c
"Buy America" clause
If the cost of products purchases for Permanent
use
therapthis
ication
project which are manufactured of steel, iron or
of any coating to products of these materials exceeds 0.1 percent
of the contract amount, or $2,500.00, whichever is greater, the
products shall have been manufactured and the coating applied in
the United states. The coating materials are not subject to this
clause, only the application of the coating. In computing that
amount, only the cost of the product and coating application cost
will he included.
ore, for the manufacture of steel or iron, may be from outside
the United States; however, all other manufacturing processes of
steel or iron must be in the United States to qualify as having
been manufactured in the United States.
United States includes the 50 United states and any place subject
to the jurisdiction thereof.
Products of steel include, but are not limited to, such products
as -structural steel, piles, guardrail, steel culverts, -.
reinforcing steel, structural plate and steel supports for signs,
luminaires and signals.
Products of iron include, but are not limited to, such products
as cast iron grates. -
Application of coatings include, but are not limited to, such
application as epoxy, galvanized and paint.
To assure compliance with this special Provision, the
Utility/Railroad shall submit a certification letter on his
letterhead to the Resident stating the following:
-"This is to certify that products made of steel, iron or the
application of any coating to products of these materials
whose costs are in excess of $2,500.00 or 0.1 percent of the
original contract amount, whichever is greater, were
manufactured and the coating, if one was required, was
applied. in the United States."
TRH/Util./cls
95-439
CITY OF
STREET
MAINE ` „ NE 04WO1
TEL A
ENGINEERING DEPARTMENT
Ames D. RI P.E.. OW EnuRRIDIN crA a Pubic SErvion
harry A QuirionSeptember 8,1995
Utility Coordinator -'
Bureau of Project Development
StateofMaine
Department ofTrunsportation
State House Station 16
Augusta, Maine 04333-0016
SUBJECT: Penobscotinterceptm Sewer Relocation Costs
BR-BRF-038-1(35) 2672.00 -
Dear Jerry,
In accordance with previous discussions, I no providing nest. estimates for the above -
refereuced sewer relocation work.
The actual construction will he accomplished and paid for under MDOTs Penobscot
Bridge Replacement cormad. City staff hes provided MDOT with design and
construction requirements and details. I have and several conversations with Robert S.
Bulger, PET - MDOT's project leader regarding construction cons, and estimate them to
be as follows
New IntercentOg Sewer nw., m M n
Structural Earth Excavation
390 CX. X $14.00/C.Y
= $ 5,460.00
Structural Rock Excavation
350 CY. X$90.00/GY
.=$31,500.00
InstaUstion of W' Ductile
iron pipe, including pipe bedding,
bypass pumping, backfill to subgmde
-120 LF. X$13000
=$15,600.00
Grawlar Backfill
150 C.Y. X$8.30
=$1,245.00
Hot. Bit. Pavement Replacement
-
54T X$3].00
=$2,000.00 -
5' Dia Sewer Manholes
6 units @$2300.00
=$13,80000
SUBTOTAL $69,605.00
95-439
Remove Existing Interceptor Sewer
Structural Earth acavati0n
_
560 C.Y. X $14.00
$7,840.00
Granular Bacldll
960 Cy. X $830
= 57,970.00
Hot Bit. Pavement Replacement
Yl T X$37.00
=$ 900.00
SUBTOTAL. $16,710.00
I have also estimated costs of services to be provided by the City of Bangor Engineering
Department relative to the Interceptor Sewer Relocation. It is my underetanding that the
City will be reimbursed for these expenses aM that you will be forwarding a
Municipal/State Agreement to accomplish this. Our estimated engineering costs
_. ---Engineering Design&Administration :$4,000.00
Construction Inspection $1,500.00
SUBTOTAL, $550000
I would suggest that Mo contingency be added to all of the subtotals hated above.
Please contact me if you have any questions or require additional information.
Sincerely,
James D. Rin p . 1
City Entoom
cc: R. Bulger
I Murphy