HomeMy WebLinkAbout1984-08-13 84-299 ORDERM-299
Introduced by Councilor nrwn, August 13, 1994
r _ CITY OF BANGOR
(TIRE.) id'rUr.-Anthorisdng City Manager to Enter into Agreement With
1::MDOT - Relocation of City Sewer o. Odlin Road
. _........... .... I.._......_. __.__. _. _. _.... ..............
I
By 9A City Caused! ojdw CUV o(Bangar.
ORDERED,
THAT the City Manager, acting for and on behalf of the
Municipal Officers, be and hereby is authorised to enter into
the attached Agreement with the Raine Department of Transportation
relative to the relocation of a portion of the so-called Silver
Road Sewer, which crosses Odlin Road southwest from Hammond Street,
which is necessary to eosoi�orm to the proposed reconstruction of the
Cilia Hoed, Hammond Street end Maine Avenue intersection.
STATRI;NT OF PACT:
The relocation of the sewer, estimated to cost $20,249.00,
is as eligible project cost. The City will relocate the sewer,
and will be reimbursed on the basis of the lump sum estimate.
f
U-299
0 R R E R
IN CITY Comczc
i
Au9uat 13, 1984
Tit4ol ., -
e d
dea
:..3vthq;ieiCity,eenegec,to entez„
T
'
ceputy ity Clevk .1�
c;
iota veement with !IDM - Relmetian
,'
of city'Sewermon odlin Road.
` "Introduced andHled by
!
-
.:
i. p! Couneflmzn
i,
'
I r c
..
u
'
.
t'
e
1
�
1
I
111
84-299
Bangor
-Project: HES-1570(1)
A G R E E M E N T
THIS AGREEMENT, in triplicate originals, entered into this day
of A.D. 1984 by and between the State of Maine ttrou�Ties
Department Transportation duly authorized by the laws of the State of
Maine, hereinafter referred to as 'the Department'; and the City of Bangor
in Penobscot County, a body corporate by and through its City Council
hereunto duly authorized, hereinafter referred to as 'the City'.
WHEREAS, the Department has prepared plans and specifications marked "Maine
Federal Aid Project No. HES-1570(1)" hereinafter called 'the Project' for
the construction of a portion of Federal Aid Urban Routes 1570, 1565, and
1560 (U. S. Route 2, Hammond Street and Maine Avenue in the City of Bangor
in Penobscot County, and
WHEREAS, the project requires the reconstruction of facilities, shown on the
construction plans, owned and maintained by the City for which
reconstruction the Department is obligated to pay in compliance with Title
23M.R.S.A. Section 154.
NOW, THEREFORE:
.the
Parties
hereto
agree:
The City shall:
1 Relocate and reconstruct the existing facilities in accordance with
a plan (I sheet identified as Odlin Road Sewer Relocation) and with
an estimate dated May 16, 1984, both prepared by the City; which
plan and estimate are attached hereto and made a part hereof.
The proposed work will provide for installation of approximately 320
feet of new 12" PVC gravity sewer main and related appurtenances at
new locations to accomplish required adjustments in the area of
highway 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 n;cessary 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: HES-1570(1)
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 copy of which is attached to this agreement) 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 in
Appendix B, Department of Transportation, Effectuation of Executive
Order of the Governor, No 24 PY 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 $20,248.74,. 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 andProcedureMemorandum 30-4, dated Tune 29,
1973), hereinafter referred to as FARPM, Vol. 1, Chap. 4, Sect. 4,
for full payment of all claims in the amount specified in
subparagraph 7, which bill shall be accepted as a proper invoice, in
accordance with Chapter 144, Title 5, M.R.S.A., upon approval by the
State's Resident Engineer.
The Department shall, upon approval of the bill by the State's Resident
Engineer, pay the City the amount specified in subparagraph 7.
Costs have .been estimated in compliance with the FAHPM, Vol. 1, Chap. 4,
Sect. 4.
The Parties hereto agree that, as defined in FARPM Volume 1, Chapter 4,
Section 4, no credit is required far the expired service life n£ the --
facility being replaced and there is no betterment.
Payments made in compliance with Title 23 M.R.S.A., Section 154 shall not be
contingent upon Federal participation.
Ban or
Project: HES-1570(1)
from the
issuedtinshall
compliancetwith TitleD35aMCR.S.Ament e Section 2483 Location Permit, to be
of its facilities which re to be within the right of for that portion
Highway. Said permit will meet the requirements of FARPH Volumethe F6 Chapter
6 Section 3 for the accommodation of utilities ies within the right of way of
Federal -Aid Highways.
IN WITNESS WHEREOF, the Parties to this agreement have executed the same on
g .
the day and year first above written, the State of Maine by the Chief
Engineer Of its Department of Ttensportation duly authorized; and the City
of Bangor, by its
duly authorized.
IN THE PRESENCE OF: STATE OF MAINE
DEPABTMENT OF TRANSPORTATION
wrtness - By
at Co eman
Chief Engineer
CITY OF BANGOR
Witness - ity
March 8, 1984
APPENDIX A
DEPARTMENT OF TRANSPORTATION
EFFECTUATION OF I= VI OF THE CIVIL RIMS ACT OF 1964
During the performance of this contract, the contractor, for itself, its assignees
and e n interest (hereinafter referred to as the acontractor1% agrees an
follows:ee
(1) Compliance with Regulations: The coatraeter will comply with the
Regulations of the Department of Transportation relative to Ann -
discrimination in federally -assisted programs of the Department of
Transportation (Title 15, Code of Federal Regulations, Part 8, here
Snefter referred to as the Regulations), which aro herein incorporated
by reference and code a part of this contract.
(2) Nondiscrimination: The contractor, with regard 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 nationaloriginin
the selection and retention of subcontractors, including procurements
of materials end leasee of equipment. The contractor will not
Participate either directly or indirectly in the discrimination
..prohibited by Section 8.4 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix
A -II of the Regulations.
(3) Solicitations for Subcontracte, Including Procurements of Materials
Antl Equipment In all solicitations either by competitive bidding or
negotiation made by the contractor for work tobePerformed under a
subcontract, including procurements of materials or-equipawut, each
Potential subcontractor or supplier shall be notified by the contractor
of the contractor's obligations under this contract And the Regulations
relative to nondiscrimination on the ground of ra , color or national
origin.
(4) Information and Reports: The contractor will provide All information
And reports required by the Regulations or orders and instructions
a c
¢sued pursuant thereto, And will permit Access to .its book¢,records,
accounts, other sources of information, And its facilities as a" he
determined by the bureau of Projeot Development or the Federal Highway
Administration to be pertinent to ascertain compliance with each
Regulations, orders and instrUttions. Where any information required
of a contractor is in the exalucive poeaesslon of Another who fails
or refuses to furnish thisinformation, the contractor shall so certify
to the bureau of Project Development or the Federal Highway Adminietre-
tion as appropriate, and ¢bull set forth what efforts it has and, to
obtain the information.
(over)
(5) Sanctions for Noncompliance: In the event of the contractor's
dncompliance with the nondiscrimination provisions of this contract,
the Bureau of project Development shell impose such contract sanctions
as it or the Federal Highway Administration may determine to beappro-
priate, including, but not limited to
(h) 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.
<b) Ineor reties of Provle3a=: The contractor will include the provisions
pf paragraph 1 throng ) in every subcontract, including procurements
of materiels and leasee 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 mead of enforcing such provisions, including sanctions for
noncom-pliance: provided, however, that in the event a contractor becomes
'.involved in, or is threatened with, litigation with a subcontractor o
supplier as a result of each direction, the contractor a" request the
-State to enter into each 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.
May 3.-1974
APPSt n B
DEPARTMENT. OF T SPORTATIM
EFFEGTOATIM OF h UTNE MM a TBE GOMON, W. 24 FT 73-74, "CODE OF FAIR
PRACTICES AND AFFIRMATIVE ACTION" DAM MARCS 20, 1974.
EXTRACT FAJM DEPARTMEM[ OF PERSONNEL, FSECUTIVS DiPARTI>EUT, STATE OF MM,
"GUIDELINES YM ID@LhMQlTATIO.Y OF E UTIVB ORDElP' DATED MARCS 20, 1974.
Duringthe 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,
ear, national origin, ancestry, age, or physical handicap, unless
related to a bona fide occupational qualification. Such action
shall include, but set be limited to the Yellowing: employment,
upgrading, demotions, treasurers, recruitment or recruitment cover-
tieing) layetfsd or terminations; rates of pay or other forme of
ompensatiomsl and selectionfortraining 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
vithaut regard to race, color, religious creed, ser, national origin,
ancestry, age, or physical handicap.
3• The contractor will aentl to each labor union or representative of
the workers with which he hes 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 Wet copies of the notice in eonspicuoue places
available to employees and to applicants for employment..
4. the Contractor will cause the foregoing provisions t0 be inserted in
any subcontractsfor any work covered by this agreement m that such
previsions will be binding upon each subcontractor.
hangar, the center of Alaino-the Gmeuny to Alairw: Borth IF Goals and Sensh ore Resorts
CINY TIRE,",
DIEPPNAIf "I'll. DVPIM
CIV of Paagnr,'Caule -
ENGINEER ING DEPARTMENT
May 16, 1954
.Mr. William Sutter
Utilities Section - Right -of -Way
Maine Dept. of Transportation
State House, Station 16
Augusta, Maine 04333 -
Re: Odlin-Maine-Hammond Intersection - Proiect M-1570(1)
Deer Mr. Sutter:
I have revised the.cost estimate for the Odlin Road Sewer
Relocation and have put it in terms of unit costs for labor,
-equipment, and materials.- Enclosed are five copies.
At your earliest convenience, I would aeureciate guide-
lines on how the force account is to be established, required
forms, procedures, etc.
Please contact me if you have snv questions.
SI`i+(n\`c�elM,rely,
WHO: jkp - William M. Olve
Civil Engineer II
Mac.
ODLIN ROAD SEWER RELOCATION
FORCE ACCOUXT COST ESTIMATE
LABOR
$ 463,30
DIRECT COSTS
553.70
Foramen - 70.5 ME a 13.43/hr
$ 946.82
Laborers - 277.5 MH @ 6.15/hr
1x706.63.
Heavy Equip. Operator I - 198 ME @ 6.58/hr
1302.84
Heavy Equip. Operator 11 - 238 MH @ 6.89/hr
950.82
Mason - 12 ME @ 7.09/hr
85.08
City Engineer - 10 ME @ 19.92/hr
199.20
Civil Engineer Il - 80 MR @ 12.27/hr
981.60
Civil Engineer I - 20 MR @ 10.63/br
212.60
Engineering Asst. II - 40 ME @ 8.89/hr
355.60
Accountant - 40 ME @ 9.33/hr
373.20
Account Clerk II - 5 MH @ 6.89/hr
34.45
Clerk Stenographer III - 5 ME @ 7.4C/hr-
40
7$186.24
40% Indirect Costs`
2.874. A
Total Labor Coate
$10 X060.74
�
Backhoe - 41 EH @ 11.30/hr
$ 463,30
Front End Loader - 49 EH @ 11.30/hr
553.70
Smell Bulldozer - 32 £H @ 11.30/hr--
361.60
Large Bulldozer - 16 BE @ 18.00/hr
288.00
Dump
Trucks - 198 EH @ 10.00/hr
1,980.00
Pickup
Trucks - 220.5 RE @ 2.00/br
441.00
- Survey Truck - 3 Days @ 10.00/day
30.00
Engineer's Car - 100 Mi. @ 0.20/Mi
20.00
Track Puller - Lump Sum
- 50.00
Compactor - Z,ump Sum
20.00
Total Equipment Costs -
$ 4.207.60
-1-
MATERSALS
Select Gravel - 135 Cy @ 6.00/Cy
8 810.00
Select Fill - 640 Cy 0 1.50/Cy -
960.00
12" PVCsewer - 320 18 & 5.00/LF
1>600.00.
36" CMP Culvert - 40 IF @ 16.00/LF -
640.00
2" PoITEtyrene Insulation - 400 SF 0 0.70
260.00
Bolts & Spikes - 20 IF @ 3.02/LF
60.40
Manhole - 1 EA B 210/BA
210.00
Additional MB Depth - 5 vF a 35/VF
175.00
Frame & Cover - 1 EA B 195/£A
195.00
Bricks & Mortar - Lump Sum -
30.00
Topsoil - 100 CY 8 5.50/QT
550.00
Seed & Fertilizer - 50 Lbs &' 3.00/Lb
150.00
Stone Rtprap - 25 Of @ 10.00/CY
250.00
Blueprints - 100 SF @ 0.20/SF -
20.00
Photocopies - Lump Sun
5.00
Postage - Lump Sum
20.00
Telephone Calls - Lump Sum
25.00
Total Materials 5.980.40
ESTIMATED TOTAL PROJECT, COST 820248.74
Indirect labor cost of 40% ofhourly wages reflects fringe
benefit and office overhead costs.
-2-