HomeMy WebLinkAbout1985-08-12 85-291 ORDER85-291
Introduced by Councilor Frankel, August 12, 1985
CITY OF BANGOR
(TITLE.) 0Drber, Authorizing City, Manager to Enter into Agreement with
MOT; 1-395 Extension
By the Cies Counted of W City ofBaay :
ORDERED,
THAT, WHEREAS. the Maine Department of Transportation is
presently undertaking the construction of the extension of I-395
from a point approximately 1,300 feet northwest from Main Street
to the new Penobscot River bridge; and
WEBEAS, said construction will also require the reconstruction
of a portion of Farm Road; and
WBEREAB, the Farm Road reconstruction will require the relo-
cation of an existing City fire alarm facility;
NOW, TBEREFORR, Be It
ORDERED, TRAT the City Ilenager be and hereby is authorized to
enter into an Agreement with the Maine Department of Transportation
pertaining to the relocation of the fire alarm system, a copy of
said Agreement being on file in the City Clerk's Office.
BTATEMM OF PACT:
The relocation of the fire alarm system has been previously
discussed between MOT and the City Electrical Department, and the
costs of the relocation will be reimbursed to the City.
85-291
In City Council Angost 12,a985 0 R D E R - -
Passed Vote. 7 yes 1 no eating
low Wn,Co-=O- - kel=Mc Caztlq{-
s,•
MokWille Title,
City Clerk .. Authorizing City Manager to enter
into agreement with MWT 1 395 Ektension
Introduced And filed by
.. Zewcilman
C�egS�
85-291
Bangor
Project: 1-395-8(88)
A GR E E M E N T
THIS AGREEMENT, in triplicate originals, entered into this day
of A.D. 1985 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 Department'; aM the City of Bangor
n Penobscot County, a body corporate by andthroughits City Council
hereunto duly authorized, hereinafter referred to as 'the City'.
WHEREAS, the Department has prepared plans and specifications marked "Maine
Federal Aid interstate Project No. 1-395-8(88)" hereinafter called 'the
Project' for the construction of a portion of State Highway 395 (Interstate
395) in the City of Bangor in Penobscot County, and
WHEREAS, the Project will require relocation and reconstructionof
facil-ities, shown on the construction plans, owned and maintained by the
City, which facilities now exist within the limits oftheproposed work; and
for which relocation and reconstruction the Department is obligated to pay
in compliance with Title 23 M.R.S.A. Section 255.
NOW, THEREFORE: the Parties hereto agree:
The City shall:
1 Relocate and reconstruct the existing facilities in accordance with
an estimate dated 6-19-85 as amended 6-25-85, .prepared by the City;
which is attached hereto and made a part hereof.
The proposed work will move the existing fire alarm facilities on
Farm Road and Main Street within the limits of the project into the
new conduit to be constructed by Bangor Hydro Electric Co. and on.
the new poles as. necessary to clear the area for highway and bridge
Construction.
2 Prepare and submit to the Department plans and estimates for any
substantial changes in the work provided for in subparagraph 1; and
shall request from the Department an order amending this agreement
and .incorporating the changes therein.
3 .Furnish all labor, materials and equipment necessary to perform the
work outlined in subparagraphs 1 and 2 above; and shall perform the
work with its own forces, or with contractors employed under
existing continuing contracts or with contractors employed through
public solicitation of bids, which contract methods have been
approved by the Department.,
Bangor
Project: I-395-8(88)
4 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 Regulations Part 8) issued
pursuant to such Act, award any contracts entered into for work
covered by this agreement, without 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 cop of which is attached to tbia greement) in all contracts
.awarded by the City for work to be performed under this agreement.
5 In accordance with the provisions of Executive order of the Governor
No. 24 FY 73-74, insert the nondiscrimination clauses set forth i _
Appendix B,Department of Transportation, Effectuation of Executive
Order of the Governor, No24FY 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.
6 Obtain from the Department, before performing the work, a letter
authorizing the City to proceed.
7. Accept a lump sum of $1600.00, 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 1
above.
8 Submit to the Department promptly upon completion of the work a
bill, in the form prescribed by Federal Aid Highway Program Manual,
Volume 1, Chapter 4, Section 4 (formerly Federal Highway
Administration Policy and Procedure Memorandum 30-4, dated June 29,
1973), hereinafter referred to as FAHPM, Vol. 1, Chap. 4, Sect. 4,
for full payment of all claims in the amount specified in
subparagraph 7. -
The Department shall, upon receipt of tb bill, pay the City the amount
specified in subparagraph 7.
Costs have been estimated by the City and a lump sum price negotiated to
avoid costly audits and delays to the project for the small amount of
dollars involved.
The Parties hereto agree that, as defined in. FAHPM. Volume 1, Chapter 4,
Section 4, no credit is required for the expired service life of the
facility being replaced and there is no. betterment.
The City shall accept from the Department a Utility Location Permit, to be
issued in compliance with Title 35 M.R.S.A. Section 2483, for that portion
of its facilities which are to be within the right of way of the Federal -Aid
Highway. Said permit will meet the requirements of FAHPM Volume 6 Chapter
6 Section 3 for the accommodation of utilities within the right of way of
Federal -Aid Highways. -
This agreement shall not become effective unless and until the Federal -
Highway Administration shall approve the same.
Bangor
Project: I-395-8(88)
IN WITNESS WHEREOF, the Parties t0 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 duly authorized.
IN THE PRESENCE OF:
Witness - DOT
.Witness - City)
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
By
Richard A. Coleman
Chief Engineer
CITY OF BANGOR
APPENDIX A
(9) information and Reports: The Contractor will provide
all information and reports required by the Regulations
r orders and instructions isued pursuant thereto,
and will permit access to itsbooks, records, accounts,
other sources of information, and its facilities
as may be determined by the Bureau of Project Develop-
ment 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 refuses to furnish this.
information, the Contractor shall so certify to the
Bureau of Project Development or the Federal Highway
Administration as appropriate, and shall set forth
what efforts it has made to obtain the information.
IS) .Sane tion6 for Noncom liance: In the event of the
ontricnt [r s nonCOmphance.Wlth the nbnais¢imina tion
provisions of this contract,,the Bureau of Project
Development shall impose such contract sanctions
as it or the Federal Highway Administration may
determine to be appropriate, including, but not
limited to
(a) withholding of payments to the _
Contractor under the contract until
the Contractor complies, and/or
(b) cancellation, termination o
suspension of,the contract,[i
whole or in part.
16)
In
cor Oration of Provisions: The Contractor Will
nclu a the provisions of paragraph (1) through (6)
in every subcontract, including procurements of
materials and leases or equipment, unless exempt
by the Regulations, order, or instructions issued
pursuant thereto. The Contractor will take such
action with respect to any subcontract or procurement
as the Bureau of Project Development or the Federal
Highway Administration may direct as a means of
enforcing such provisions, including sanctions for
noncompliance: Provided, however, that in the event
aContractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier
as a result of such direction, the Contractor may
request theStateto enter into such litigation to
protect the interests of 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.
March 8, 1904.
APPENDIX A
DEPARTMENT OF TRANSPORTATI014
EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OI', 1964
Caring the rformance of this Fontract, the contractor, for
itself, its sctignecs and successors in interest (hereinafter
referred to as the "Contractor'), agrees as follows:
(1) Co_meiianCe wlth Regulati9n5: The Contractor will
comply with the RegulAtions of the Department of
Transportation relative to n n-discriminai ion
federally -assisted programs of the Department of
Transportation (Title 15, Code Of Federal Regulation5,
Part 8, hereinafter referred to as the Regulation$),
which are herein incorporated by reference and made
a part of this contract.
(2) Nondiscrimination: The Contractor, with regaral to
The work performed by it after award and 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 E.4 of the Regulations,
including employment practices when the contract
covers a program set forth in Appendix A -]I of the
Regulations,
(3) s
Ndterals or subL c
andEquasIn, int lud ingrerocureFcuts
mnallof
solm (tat ions'
eriher by competitive bidding or negotiation made
by the Contractor for work to be performed under
a subcontract, including procurements of materials
or equipment, each potential subcontractor or supplier
shall be notified by the Contractor of the Contractor's
obllgatlonn under this contract and the Regulations
relative to nondiscrimination on the ground of race,
color or national Origin.
Wet
May 3, 1974
APPENDIX B
DEPARTMENT OF TRANSPORTATION
'EFFECTUATION OF EXECUTIVE ORDER OF THE GOVERNOR, NO. 24 FY
73+74, "CODE OF FAIR PRACTICES AND AFFIRMATIVE ACTION" DATED
MARCH 20, 1934.
EXTRACT FROM DEPARTMENT OF PERSONNEL, EXECUTIVE DEPARTMENT,
STATE OR MAINE, "GUIDELINES FOR IMPLEMENTATION OF EXECUTIVE
ORDER" DATED MARCH 20, 1974.
During the performance of this contract, the Contractor agrees
as follows:
1. The Contractor will not disariminate against any employee
or applicant for employment because of race, color,
religious creed, sex, national origin, ancestry, age,
r physical handicap, unless related to a bona fide occu-
pational qualification. Such action shall include, but
not be limited to the following: employment, upgrading,
demotions, transfers, r uitment 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 con-
sideration for employment without regard to race, color,
reitgious creed, sex, national origin, ancestry, age,
or physical handicap.
3. The Contractor will 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 o
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.
CITY OF BANGOR Tor xorrarL Durity -
PUBLIC WORKS DEPARTMENT D. 0. T. Sta. #16
COST ESTIMATE kugYe"' Ns. 04333
PROJECT- MEN ST (At site of 3Rd BVYdge overpass) Replace Undergro Ptre Alarm Sys.
ly
COMPUTED B ,..'+� DATE 05/19/85 SHEET. 1 OF 1
Quantity
Description
Unit Price
Total Cost
LABORS 3 men 24 hours each
g
materialar Coaduit & Wire & Fasteners
ERuipmentt Trucks #66 @ #M8
26
Overheads 40% of Iator Coat
11YfAL
MCTEt ........
2 240
c