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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. p IM gsalet illy up dehduA Approved an to pOrm- t* Olt, Yanagor :Sty Belle/ter !�