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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-