HomeMy WebLinkAbout1964-09-14 197-R ORDER197-R
Introduced by Councilor Harry, Sept. 14o 1964
_ryp CITY OF BANGOR
(TITLE.) @rj lgry...._ Authorizing the City Manage to -Enter Into a Agreement
with Cianchette Bros., Inc.
By Ile; City Casual of CRY ofBonyor:
:0;7U�7
THAT WHEREASundera contract entered into with Cianchette Bros.,
Inc. dated October 23, 1961, entitled "Construction of Kenduskeag Stream
Improvements, Parking Areas, and Appurtenant Work; said contract has now
been completed, and
WHEREAS all of said work is acceptable with the exception of seven
sections of the east wall where the ultimate compressive strength of the
concrete used was less than the minimum specified in the contract,and
WHEREAS Cianchette Bros., Inc. has acknowledged that the concrete
in these sections does not meet contract requirements, and
WHEREAR Cianchette Bros., Inc. and the City of Bangor have agreed
that the sum of $10,000 should be held in escrow by the City of Bangor for
a period of 10 years to assure repair of these sections if,during this period
of time, deterioration greater than that on adjacent wall sections occurs,
.NOW THEREFORE, BE ST ORDERED that the City Manager be and is
hereby authorized to enter into an agreement with Cianchette Bros., Inc.
whereby the City of Bangor will retain in escrow the sum of $10,000 to guarantee
any repair that may be necessary.
A copy of said agreement is on file with the City Clerk.
41, RECEIVED
1961 SEPA LM 11: 03
CITY CLERK'S OFFICE Title,
CITY OF BANGOR, MAINE
IN CITY CCIMCIL
Sept. 14, 1964
PASSED
199-R
ORDER
Agreement Mth C1ancM1ette Bxoe1
..... _... introduced And by
Incessant Between Cianchatte Aroa., Inc. and the City of Bangor
O.tareatee of Concrete in mast Sall at ianduskeag Plaza
AGITIM81T, entered Into this / � )LI day of September, 1964,
by and between 9lanchotte Aron., Inc., a corporation Only organ
iced and existing under the laws of the State of Maine and having
a usual place of business in Fittsfleld, County of Somerset, State
of Maine, and the City of 1$ngor, a municipal corporation, by and
through its Oity Reneger, Joseph A. Cental, er., hereunto Only
authorized, hereinafter celled the "Olty of Fangor".
❑R3ASA3, Olanohette Bros., Inc. previously entered into a
contract with the City of Bechar for the construction of certain
improvements of 4anduakeaS Aroas between State Street and Aashing-
ton Street, said contract dated October 23, 1461 and entitled
"OON3'IRU3ZION OF K DUAn3Al. 31BSAF I1K2tiCV2M2AT9, PARKIN^v ARSAJ,
AND AF.fORTMOT AORB", end,
ABN[;GA3, It is specified in Faragraph 105.9 of the Contract
Specifications that Class C concrete shall have a minimum ultimate
ownpresaive strength of 4,000 pounds per square Inch at 23 days,
end,
MRSA3, Sheat 10 of the Contract Cravings specifies that the
concrete used In the retaining walls or atoms shall be Mass J, and,
4ffURRAg, Seven esntlona of the east wall bad an ultimate oom-
preealve strength at the and of 29 days which was lees than the
minimum as spucified above, maid wall sections conaieting of the
four sections between station 3 ♦ 54.55 and station 4 ♦ 94.55, the
ono section between station 5 ♦ 17.03 and station 5 + 49.55, and
the 4e0 sections between stories 5 a 32.05 and station 6 S 4'7.05,
and
ai39HA39 Jlanehetta heos., Ion. has previously ackn0wled,ed
that the concrete In the above mentioned sections does not meet
contract requirements and ham agreed to wnrantee said wall sections,
g0d 1'3Da3?ORe, it to hereby agreed, as follower
1. CIanehette DOOR., Inc, So hereby agree to permit the City
Of ;anger to deduct from the presently retained choice, which are
due me final payment on too subject contract, the Own of ten
thousand dollars (`10,000) to be held Is eaorow for a period of
tan (11) years free the get* of moolatian of said contract, said
period which 411 end as awe* Wt IIP 51
8. the 1ty of show agrees to deposit maid handy Is a
wartage scomant at the Iaeger 3AYdaga cast located in Em W,
"Mina, bald Arnett to As in effect for the *cave amUmod goat'-
whom perl*4 and t0 to changed In another conk only under hental
agreosent between said--Masohetts Brea., Ito. wad the 51ty of
ye*dort
A. At the Oanclumim of the guarantee gerl0d, the Aty
%W,Imwr *ball m O so IampactlOn of ins %beva aemtimned wall
"*time to dotaraluo if doterioratian ties resulted whim to
greater thandeterioration in other Adjacent wall sse%Ioce whlah
Initially net aontraat aposifi.catiose and 1f, In the city gao"Arts
oplaion. aha "Yen (7) wail motions cove deteriorated to a greater
extant than the adgoeeat wall sections, then 41anch*tte .arae„ Inc.
agreas to replace or repair the "von wall ***%tans to the oatlh
faotion of tee :'Ity Btginear or to forfeit the Money cold in sessow
to the :Sty of taagore cheap% Accrued intarast, such mail to
released to Amaahasts Areo.. IAO,%
t, if, In the opinion of the $ty atginear, the mcutrats is
the save* (7) wall sedtioaa sea not asterinrato sore tnaa tun con.
erste in top Ad5a>ent wail sections which net coatrAat aptoiflaa-
tiaea, then the assay Ytedd to seorow, Snoludiag sosrued taterents
shell ha txleesai to AXOmOtt* iron., Inc, with no further chit.
nation on the port of .Sanonotte Broe., Inas
5. The dity of 31$ter egress to release &*4raad Snshraat On
the ten thodeand dollars (tdd10,006) In *screw tc :iimnchato inus.,
Ino: At *ray OSSA talah they elfin% este "nAsat for sell releawat
g, iso My of UAW Wane to selesee all other retalnmd
wooly Owed to :')taaohette :roe., loo, as tho ssb9set contrast upon
the skating of this agroad"o.
U sIM33-YtAYfly, tan parties hereto have met their hnana
sod seals AM the day wad year first above aentlonads
ita Lr*enn£er
3If��U /WP p ✓I�
1pD v'glyb}prn; �i�^t/Y•1/Wiy X, ga�'
.3o31o1 for
CITY of
218-R -2
To the City Council:
Pursoant to au order of the City Caused, V=W dated... Onto haz_7a,. 196.4 -Order 218-R
directing the City Engineer is lay onL@_right of way Por a distance of 400 fseat
City Engaorr begs leave to report:
That of his intention to lay out Raltl. right of _way
the City Engineer gave written notice by notices attached to copies of said order posted for seven
days prior to _ 27th of October, 1964
in twe public places in the City of Bangor and in the viemity of said stood, to not;
,One on Bulletin board at City Rall
One on Thatcher Street near Perry Road
_.. _.. __.__.._ .....
One on Perry Road near the proposed right of way
and also gave notice by causing the same to be published in the RANeoa Imus Nw s,14eiN
Hwenox &naa = newspapera[printed in said city, for one work prior to the..37.th Of
Oct. ,1964 ,copy of said np{eaxtil notices, Be posted and published, is hereto annexed and
made part of this report.
And that the said City Engineer and at the time and place of meeting specified in the notices
and proceeded to lay out. said right of way as follows:
V&
I
Z
LL
CITY of
218-R -2
To the City Council:
Pursoant to au order of the City Caused, V=W dated... Onto haz_7a,. 196.4 -Order 218-R
directing the City Engineer is lay onL@_right of way Por a distance of 400 fseat
City Engaorr begs leave to report:
That of his intention to lay out Raltl. right of _way
the City Engineer gave written notice by notices attached to copies of said order posted for seven
days prior to _ 27th of October, 1964
in twe public places in the City of Bangor and in the viemity of said stood, to not;
,One on Bulletin board at City Rall
One on Thatcher Street near Perry Road
_.. _.. __.__.._ .....
One on Perry Road near the proposed right of way
and also gave notice by causing the same to be published in the RANeoa Imus Nw s,14eiN
Hwenox &naa = newspapera[printed in said city, for one work prior to the..37.th Of
Oct. ,1964 ,copy of said np{eaxtil notices, Be posted and published, is hereto annexed and
made part of this report.
And that the said City Engineer and at the time and place of meeting specified in the notices
and proceeded to lay out. said right of way as follows:
218-R -3
Description
Beginning at a point on the southerly side line of Perry
Road, said point being five hundred ninety-nine and fifty-one
hundredths (599.51) feet west from the westerly side line of
Thatcher Street, and said right of way line of Perry Road having
a bearing of S -33°-42'-59"M; thence S -57°-11'-01'E for a dis-
tance of four hundred (400) feet; thence at right angles to the
last described line for a distance or seventy-five (75) feet;
thence M-57°-11'-0S"w for a distance of four hundred sixty and
eight tenths (460.8) feet to the southerly side line of Perry
Road; thence M 79°-28'-13'E along the southerly side line of
Perry Road for a distance of eighty-six and twenty-nine hundredths
(86.29) feet; thence continuing along the right of way line of
Perry Road on a bearing of R -330-42'-5911E for a distance of
thirteen and seventy hundredths (13.70) feet to the point of
beginning.
GRADS
The City Engineer proceeded to lay out a grade for the pro-
posed roadway as follows:
Beginning at the Intersection of the center line of the pro-
posed roadway with the southerly side line of Perry Road at an
elevation of one hundred nineteen and fifty hundredths (119.50)
feet; thence descending on a slope of 1.64 percent for a dls-
tence of one hundred fifty (150) feat to elevation one hundred
seventeen and four hundredths (117.04) feet; thence along a two
hundred foot vertical curve having an external of 0.75 feet to
elevation one hundred sixteen and seventy-six hundredths (116.76)
feet; thence ascending on a grade of 1.36 percent for a distance
of fifty (50) feet, which is the and of the proposed laying out,
to elevation one hundred seventeen and forty-four hundredths
(117.44) feet.
The above elevations refer to the City of Bangor datum.
There met at the time and place set for the meeting Mr.
John Coney, Sr. and Mr. John Coney, Jr., who own the land on
the southwesterly side of the proposed roadway; Jules Mogul,
Attorney, representing Sanborn Motor Express who own the land on
the northeasterly side of the proposed roadway and who were the
original petitioners for the acceptance of the roadway; and
Peter D'Errico, Industrial Development Director and John T. Frawley,
City Engineer. All persons present spoke in favor of the proposed
laying out. The question did arise, however, as to the method of
assessment for the construotlon of the roadway. They were informed
that construction plane and cost estimates were not complete but
that the assessment would be based upon 50 percent of the actual
cost Of construction. Those present were further informed that
no damages would be recommended for the acceptance of the proposed
right of way inasmuch ae it was originally laid out and dedicated
at the request oP the original owners of the property,
218-R -4
Field surveys were conducted and construction plans prepared
which would provide for the construction of four hundred (400)
feet of roadway consisting of a twenty-four (24) foot wide tar
surfaced roadway with three (3) foot gravel shoulders on a 24 -inch
gravel base. Total estimated cost of this construction Is five
thousand eight hundred dollars ($8i4of which 50 percent, or
2,90 /
two thousand nine hundred dollars ), may be charged against//
the abutting property which is benefited.
fited. A list of recommended
assessments is as follows:
East Side
Name Frontage Assessment
Sanborn Motor Express (non -assessable) 200 Ft. $ 673.80
Sanborn Motor Express 200 Ft. 673.60
West Side
Bangor Drug Co. (non -assessable) 100 Ft. 336.90
Bangor Drug Co. 100 Ft. 336.90
Boy Scouts of Amerlca 260.8 Ft. 878.60
It is recommended that the above listed assessment for the
Boy Scouts of America be deferred until such time as the property
is developed provided that a suitable recordable instrument is
received, and that the remaining assessments be levied upon com-
pletion of the roadway construction and the determination of
actual costs.
It is recommended that the above laying out be established
as a public way to be named and 'mown as Godsoe Road
and that the roadway be constructed subject to the levying of the
above mentioned assessments.
A plan and profile showing the laying out and grade, as well
as the details of construction identified as Plan 800, is on file
in the office of the City Engineer,
�
Respectfully submitted,
)ohn 2 Fravley�j
City Rnglneer
J£F:1
fgreament between dianohette 1rae., Iat. and the "Sty of Aangor
Buarmatee of loa*reta in %amt Sall at "aduskamg Pis"
entered late this day of beptembtr, 1064,
by and between 'Sanehattc dram., inc., a corporation duly urban.
lined and existing under the Iowa of the State of Baine mad having
a usual place of Walusaa Is Pittsfield, Muaty of lomerset, state
of thine, and the Rty of pauper, a municipal corporation, by mad
through its Oity, Ammeter, doasph F. 3o%pal, ars, hersunta duly
aatharimed, hereinafter Called the 'Xty of Oulgor".
PI Mdas sutchaatte three", Inc. previously entered Into a
contract with the Oity of Bangor for the construction of certain
iaproleNnts of fenduakemg :green between Stmta Atraet and :rasaing"
ton Street, maid contract dated October 230 1961 and entitled
"DON d: B4i,]T1OY
OF AAXWSK4A,' Jigs" FY aiiSa!3df9, :43aidS 3dc44,
LOD nl`Y.M WALYT WAG% ando
4U12A3s it to specified In raregraph 105,9 of the oantraot
3pecifioaticaa that 011se 0 concrete shall have a alnimua ultimate
compressive strength of 4.000 pounds per square inch at 26 drays,
and,
a44n 3, liasat 30 of the Oontnot ➢rasing® specifies that the
Sweerete used in the retaining sells or stems atoll ba slams :, ace,
daSHKA31 woven eeltiums of the came wall had an ultimate *e
preaeive strength at the end of 28 days watch wan lova than the
mialmux as specified shove, well wall sections laneietiag of Inc
four sections between station 3 • 54,55 and station 4 + 84,55, the
ane auction be%waen station 5 + 17.05 and station 5 + 49,55, and
the two sections be2wen station 5 + 82,05 and etatlom h + 474n5,
mad
:25'W* OLnoh"to area., Iso, has previously acknowledY,ed
test the concrete in the Stove meattonod sections does not most
Contra*% nqulrsamats mad ase agreed to ;PAareetes said mall sections,
Y02-9ESSg02P:. it I$ horsey agreed, as follows)
1, S1an*hette :ego„ Ira*, do hereby agree to permit the Any
Of :langsr t1 aeduet from the presently retained monies. VAibh era
due as final payment en the mlb;eot Contracts the sun of Its
tauuwead dollar$ ('10,000) to be held in 08011, for a period of
ton (30) year* from the date of completion of said contract, amid
period voioh will and on duns 299 IMI
P. .Te 7ty of Lender agreea to deposit said Assay In a
savings soonest at the Bangor iavingm Bank located in danger,
!'sine, said coconut to be in offset for tae above mentioned guar
chose period and to be ohan�ed to another giant only under school
agieemaot between said=lanehotte }tom„ inn. and the 31ty of
]mazer:
., At the eonoluslon of the guarentse period, the ilty
!:ltginoer shall malre an inspection of the above continued wall
sections to datormine If deterioration line resulted which to
greater team daterloratlom In other adjacent sell eeatloae anion
initially met contract speolfi0ations ped 1f, in the dity 2asiesar'm
opinion, the seven (y) well sections :ave deteriorated to a greater
ortont than the adjacent sell sections, than Clanohatto drom., Inn.
a,,rem to replace Or repair the seven Voll sections to the aatlM
footing of tha $ty m4mor or a forfeit the money cold In *acme
to the '.ity of Bangor, eroapt snorted interest, which &hall no
released to OSannhatte .Tease, iso.:
8. If, in the opinion of the dity Atgineer, the concrete In
tM seven (T) mall esotlous line act deteriorated nose than the use.
orate in the ad jaesnt aa11 sections which met contract apsoiflca
tinea, then the money held In oaotoss Including 600ru*d interest,
shall be released to aiaaohette a)ms., Ice. sleh no further call.
gotten on the oast of 41caohotto craws Ina:
5. The Slty of Boozer agrees to release seemed interest an
the ton thousand dollars (310.000) in escrow he Yamhette stem.,
Ian. at any time which they might oaks request for sad retlea s;
f„ ohs 01ty of Planner agrees to release all other remised
money owed to Clanchatte :iron., Inc. m the &mbjeet oontreat coca
the aigning of this agremoont.
Is it iQF.;32-x9A,A?s LM parties nersto hove not their dari,
and Goals On the dap and year first ateve mentioned.
J1,l&JN6ZIY tidos., 19d.
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IM gsalet
illy up dehduA
Approved an to pOrm- t* Olt, Yanagor
:Sty Belle/ter !�