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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. nmanenrHe Manages ComlImonts: .g{ r_g/UfAe{I I.rl per^='pwMVnw^,A. IO+o,�� ,M�rAP y�qu'1 NXA<� 4.Vr0!} IAH..IY p�dk�l✓" �'F(��.8" o{aQ'"^^"'^" `�S � Cl � l`jlJg{� We(�. I iM 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