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Home My WebLink About1981-02-09 81-96 ORDER61-96 Introduced by Councilor soucy, February 9, 1981 CITY OF BANGOR UITLfJ (01*grr_Authorizln increase in Fannia ...F. iAa.1..Raaign aS Penobscot East Interceptor„Sewer By Me City Common of Ma city OfBmgor. ORDERED, THAT WHEREAS, the final design of the Penobscot East Inter- ceptor Sewer is almost complete, and WHEREAS, additional work and expenses have been encountered which will result in a total bad at overrun of approximately $17,000.00, from $115,000.00 to 5132,000.00, said overruns being the result of necessary review of Plans by the Maine Central Railroad Company and resulting Plan changes, and by permit procedure requirements by the U. S. Army Corps of Engineers, NOW, THEREFORE, be it ORDERED, THAT the CityManager be and hereby is authorized to enter into the attached amendment to the existing engineering contract with the James W. Sewall Company of Old Town dated February 8, 1977, which would increase their contract amount from $105,380.00 to $115,380.00, and be it further ORDERED, THAT the City Engineer be and hereby is directed to apply to the State of Maine Department of Environmental Protection for a grant increase to cover the Federal and State share of the overrun. STATEMENT OF FACT The specific overruns are as follows: Sewall Co., 510,000.009 City administrative cost, $2,800.00; and Maine Central Railroad Company, $4,234.00. The City and Sewall overruns were caused by numerous changes in the Plane and Specifications required by the Maine Central Railroad Company - which is their prerogative under State law subject to POC appeal, and by repeated require- ments for additional information from the U. S. Fish and Wildlife Service, through the U. S. Army Corps of Engineers for additional information relating to the filling of the river bank at various locations along the proposed newer route. On the basis of the beat information presently available, it is believed that these costs are 90% reimbursable by EPA and DEP. 81-96 IN City Council Pebuary %1981 0 R D E R - Passed i I ' Title, . '- '81 FEB —5 P2 A8 A thortzing I ease n Farm Rival R C( 6?h C1t C er< De$agn Yij Penobscot t:astICIRC nt ceptor. CIIYCEEFI(eC Serer. SME;od d�. andq Hl by , �/'....Co.... n . 81-96 JAMES- W. SEWALL COMPANY /, , OLD TOWN. MAINE 04468 January 30, 1981 City of Bangor Municipal Building Bangor, Maine 04401 Attn: Mr. John Frawley, City Eng. Re: Project C230154-2 - Penobscot East Interceptor Gentlemen: We respectfully request your favorable consideration of an addendum to our Contract in the,above-referenced program, reflecting unusual and unanticipated expense due to the extended review process by primary and secondary reviewing agencies -at both state and federal levels. lt.was, of course, known from the outset that the proposed location of the Penobscot East Interceptor along the Penobscot River bank in close proximity to the Maine Central Railroad would raise concerns among both river -oriented groups .and the Railroad, also that the respective concerns would often conflict with resultant need for discussions and adjustments or compromises. A budget for such matters was accordingly established in our Contract, partly within the basic design fee and partly under a separately stated budget for Public Meetings and Hearings. There additionally were reasonable allowances within other aspects of the contract budget, such as for design surveys and subsurface explorations, recognizing the need for specific data on which to base decisions in such matters, over and above the normal requirements for design work. We find ourselves in a position, however, where the magnitude, duration, and repetitiveness of the review process has caused greater expenditure of time and expense than was anticipated by the established budget, largely due to positions taken by secondary agencies not directly involved in the grant funding of the project but accorded a voice in project decisions under various federal laws and regulations. In view of our cost to date and the fact that the review process is not yet fully closed, though project plans have been submitted to and approved by the funding agencies, we respectfully request that our Contract total be increased by $10,000, bringing it to a new total of $115,380.00. Our method for billing of charges in excess of the original contract amount will be the same as for services provided under Part C of the Contract, specifically: direct labor cost plus overhead at 120 percent of direct labor, plus expense; to the sum of which 15 percent is added. Invoicing thus will be only to the limit of time and expense actually incurred, hence may be less than the amended contract amount but shall not exceed the amended vnount -except by further authorization of the City and further amendment of the Contract Agreement. Affiliate— UPSALOUITCH HOLDINGS LTO. P.O. Box 433 Old Town. Maineo4468 JAMES W. SEWALL COMPANY We will appreciate your consideration of our request for amendment of the Contract. Should it be acceptable to you in its form and content, your accep- tance can be indicated by the return of one copy of this letter signed in the space provided. Accepted: CITY OF BANGOR WGR/b Very truly yours, JAMES W. SEWALL COMPANY BY William G. Ryan, P.E. Chief, Engineering Department -2-