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HomeMy WebLinkAbout1991-05-29 91-227 ORDERDate 5-29-91 Item No. .911-227 Item/Subject Transfer of Funds Within Capital Fund -Parking Projects/ Settlement of Engineer's Contract Respandble Department Engineering Commentary: The Columbia Street Parking Deck has a pending final cost of $185,967.21 plus additional fees for Ames Engineering. The Finance Committee has recommended a settlement offer to Ames Engineering of $4,808, which is an amount arrived at by .John Frawley and Rick DeRosiers (Areas). (See Engineer's memo 5/15/91) Therefore the total project would be $190,775.21 which would be an over expendLturelo£ $28,897.81. This Action would authorize the City to settle the Ames fees for $4808 and transfer $28,897.87, from the Parking Garage project to fund the deficit. (Back upfxum Finance Committee Agenda) Oepnx /ud Manager's Comments: - Cistmaxegn .Associated Information: Budget Approval: N'nance DiMCN1 Legal Approval: / �ssr, ciy sdidm, Introduced For 54fPassage - Page_ of— Referral Reading ❑ Referral 91-227 A igned [a Cowmlor Cohen, May 29, 1991 CITY OF BANGOR (TITLE.) VVrbgr ..__Trans£ at of Funds Within Capital Fund. Parking t.. -- PTDjects TSe'ttIement of Enginee?s Contract By me GUY cee of ao Caw Of BY .- THAT City Ib nager may settle additional fees invoice from Ames Engineering, Bangor for $4,808; and to authorize the transfer of $28,897.87 from The Parking Garage Project (5282) to the Columbia Street Deck Project (5194), the amount being excess proceeds from the 1989 Bond Issue. 91-2x/ 2 ORDER In CityCouncilKey 29.1991 Passed Title, Council Voted Kayor Stone Had Conflict Transfer of Pulls Within Capital Fund di............................. C1ty Clerk Parlamg Projeas / Settlement of En inaerla .oppa W ............................. ti ............................. u n c i .... connellman 91-22] CITY OF RAMGOR, MAINS Engineering Department MEMO May 15, 1991 To: Edward A. Barrett, City Manager From: Sohn T. Frawley, City Engineer Subject: Columbia Street Forking Deck - Final Cost The projected final coat of the Columbia Street Parking Deck is $185,967.21, which does not include a pending claim from gimes Engineers in the amount of $5,314.10 for additional engineering during construction, which will be further described herein. If that amount 1s to be included,. then the final total would be $191.281.31. It should be noted that the total cost includes approximately $19,500.00 for various engineering study and repair work done prior to 1990. approximately $14,570.00 for preliminary and final design services by Ames, approximately $3.500.00 for resident engineer services by the City, and approximately $148,280.00 for construction. The original construction estimate was $113,000.00: however, the only bid received a in the amount of $136,486.00, which was subsequently increased by change orders to install a new fence, provide extensive repairs to the precast concrete tees under the entrance, and the installation of wheel stops. Last December, this office received z [e'from -Brian -Ames' wherein he indicated additional costs of $8,808.25 for theinservices after the final plans were completed 1n April of 1990. This c a a completesurprise to m since our original Request for Proposals requested an estimate for the preparation of contract plans and specifi- cations, "with periodic examination during construction by the Consultant" (see attachment). Brian's contention is that the subsequent contract states that " ontract completion is targeted for April 1, 1990", and he considersany charges beyond that date as extra. I -interpreted that statement in the contract e n that final plana and specifications would be ready for bidding on that date, which is what we had requested. It is interesting to note r that no bills received from Ames for extra work between April 23rd and December 14th, although the extra work" was conducted during that period. I do concede, however, that unforeseen circumstances did occur during the c of the work which required extra effort by Ames, which might be considered to be above the scope of his original contract to provide "periodic examinations. This work includedtheaary [ - advertlating for bids in August after no bide received in April, irmiuding the preparation of a contract addendum; detailed examination and analysis of the condition of the deteriorated t under the main entrance; and additional work on developing wheel stops which would not interfere with the drainage of the deck. -1- I sat down with Dick DeRoafer, Ames' chief inspector, to go over all of the hourly charges for their personnel to see If we could determine how much time was spent on the extras mentioned above. We found that it was virtually impossible to reconcile that time because, although the hourly breakdown was quite complete, the exact t tasks being performed was not included. 1 subsequently suggested that "periodic examination", a originally called for in the RPP, should include approximately 3 hours inspection per week by Dick DeRosier for a total of 18 weeks, and 3 hours by Tim Hulse, the structural engineer, for a period of 9 weeks, which totalled approximately $4,000.00. The additional $4,808.00 could be assumed to be a reasonable measure for the work performed which was over and above "periodic examination". Brian subsequently responded with a compromise figure of $5,314.10, as described in his attached letter dated May 9, 1991. If the Ames Corporation claim in the amount of $5,314.10 is approved, then the total project cost would amount to $191,281.31, requiring a transfer of $29,493.91 to cover all costs. I will miss the. Finance: Committee meeting on Monday{ however, Dave Pellegrino is familiar with this situation and may be able to answer any questions. cc: Dave Pellegrino jf— Pat. THE AUS CORPORATION May 9, 1991 \AY IIII?CIS E\GNIR.i SI'IACGLPS Mr. John Frawley, City Engineer City of Bangor 73 Barlow Street Bangor, Maine 04401 Re: Columbia St. Parking Deck Project No. 90053.01 Dear John: This is to fellow up on our meeting of Monday, May 8, 1991, and your subsequent meeting on the following day with Dick Derosier. Please process a change order to this contract in the amount of $5,314.90. Our position regarding the additional work performed on this project is as follows: 1. Bidding and Construction Administrationenot included, n ait the intent for these items to be included in theOvner/A/E contract written on February 14, 1990. 2. Article 18 of the contract supersedes and nullifies the advertisement in the newspaper, and all specificities of the R.F.F. 3. Our position and after -the -fact proposal is predicated on actual hours spent and on the formula recommended by the State of Maine Procurement Manual A/E Services during the Construction Phase. We therefore propose the following: Construction Phase Services as recommended the State of Maine should be: A. Construction Contract Sum X 9.74 X 204: ($148,2]8.33 X 9.74 X 204 = $2,876.60) $2,876.60 B. Extra work attributed to Change orders, containing engineering, drafting and administrative costs: a. Jim Hulse - engineering - 877.50 b. Kevin Norton - engineering/drafting - 270.00 c. Dick Derosier - administration - 400.00 $1,547.50 115MNSINEEF/MWX MICU XVGOR,MEOS 12610/27947015YFM X)9411921 Mr. John Frawley, City Engineer Re: Columbia St. Parking Beck May 9, 1991 Page 2 of 2 C. No cost was found relative to 00.00 the additional time granted the Contractor. D. supplemental Services were billed at the at the agreed upon rates, and were attributed to the work required for Addendum #1. 890.00 TOTAL 55,314.10 A greater level of involvement in this project was for the most part due to requests from your contractor and your representative on site that requested us to visit the site for more often than w could normally have anticipated. Ther salt of the extra work was to save construction costs through a less expensive design. Although I feel that our original claim was justified, this request is offered as a compromise in establishing fair compensation for our services. Very yours Brian A. Ames,J PE President cc. Dave Pellegrino A MORRECIS, HN2.AERS In A RS 115 MNN SIRERIV BJS 3610/flivroR, ME VHOI E610/207 wO()I53/FM IDI NI'INI PROJECT: Columbia Street Parking Deck Restoration Structural Engineering Services regarding INVOICE NUMBER: 9909 PAGE NUMBER 1 on coiner INVOICE DATE 12/14/90 of Hammond and Columbia Streets. - PROJECT NUMBER: 90055.01 City of Bangor Time Cbarpia5: Attn: David Pellegrino 73 Harlow Street Rate Bangor ME 04401 0501 Project Manager 1R.00 0.00 65.00 A RECEIVED DEC 2 h M PROJECT: Columbia Street Parking Deck Restoration Structural Engineering Services regarding the 'rehabilitation of existing deck facility on coiner of Hammond and Columbia Streets. Time Cbarpia5: Category Reg Hrs D/T Ars Rate Amount 0501 Project Manager 1R.00 0.00 65.00 A 1,170.00 0508 Structural Engineer IC50 0.00 45.00 $ 382.50 0509 Drafter1.00 0.00 30.00 S 30.00 0511 Clerical 0.75 0.60 25.00 .8 216.75 0512 Contract Administrator 149.50 0.00 00.00 S 5,980.00 0515 Senior Technician 20.00 0.00 45.00 E 900.00 Sub -Total - Time Charges: $ 0,691.25 Direct & Reimbursable Costs: Printing Charges R 0.07 Models/Renderings/Phutos/Mock-ups S 9.04 Lung Distance F'hone/Communications S 109.09 PAGE TOTAL: Y 8,OOS.25 mwa CONTINUED ON TO PAGE: 2 A THE AMB CORPORATION APCNDlCR, EwiNuPS d PL4 B 115 MAN 31 M/POWX261 o/MNGOR, BE 0140I M10/207 %7 015VM M7941 1921 INVDICE NUMBER: 9909 PAGE NUMBER 2 2 INVOICE DATE 12/14/90 PROSECT NUMBER: 90093.01 CARRIED OVER EACH PAGE: 1 b 8,808.25 Postage/Shipping/Delivery f 23.21 Total Direct L Reimbursable Costs: S 150.21 TOTAL FOR INVOICE : 9909 $ 8,831.46 PREVIOUSLY BILLED S 14,513.26 TOTAL BII_LF_D-TO-DATE S 23,344.72 TOTAL RECEIVED -TO -DATE. i 14,513.26 TOTAL DUE NOW 6 8,031.46 HAPPY HOLIDAYS! - Structural Engineering Services regarding the rehabilitation of existing deck facility on corner of Hammond 6 Columbia Sts., Bangor Phase 06 - Final Design Phase - WeekEndingNumber A Code Name Billing Reg. Billed Rate Hrs. Amount 11/09/90 162 047 K. Norton $ 45. 2.5 5112.51 Phase 07 - Bid/Negotiation Phase 5/18/90 46 022 J. Hulse 65. 1.0 65.00 6/22/90 54 022 J. Hulse 65. 0.5 32.90 7/06/90 59 042 C. Brunette 25. 0.5 12.90 8/03/90 69 042' C. Brunette 25. 1.0 25.0)l 5/18/90 45 Oil R. Derosier 40. 0.5 20.0) 7/13/90 fit 011 R. Derosier 40. 3.0 121.0) 7/27/90 63 011 R. Derosier 40, 4.0 160.00 8/03/90 68 011 - R. Derasier 40. 2.5 160.00 5/25/90 48 002 P. Taber 45. 4.0 DOM Phase OB - Construction Phase 8/10/90 7D 022 J. Hulse 65. 1.0 65.00 8/31/90 81 022 J. Hulse 65. 1.0 65.0) 9/21/90 87 022 J. Hulse 65. 2.5 162.39 9/28/90 102 022 J. Hulse 65. 0.5 32.5) 10/12/90 105 022 J. Hulse 65. 1.0 65.00 10/19/90 109 022 J. Hulse 65. 1.0 65.0) 30/26/90 134 022 J. Hulse 65, 3.0 15.00 11/02/90 160 022 J. Hulse 65. 1.0 65.00 11/09/9D 160 022 J. Hulse 65. 2.5 162.5) 11/02/90 161 047 K. Norton 45. 4.0 181.0) 11/16/90 194 047 K. Norton 45. 2.0 5).0) 9/21/90 88 030 H. Ward 25. .25 6.25 8/17/90 73 042 C. Brunette 25. 1.5 37.50 9/14/90 84 - 042 C. Brunette 25. 0.3 12.90 9/21/90 89 042 C. Brunette 25. 0.5 12.90 10/19/90 110 042 C. Brunette 25. 0.5 12.51 10/26/90 135 042 C. Brunette 25. 0.5 12.30 11/09/90 181 042 C. Brunette 25. 0.5 12.50 11/30/90 327 042 C. Brunette 25. 1.0 25.00 P9. 2 8/10/90 71 011 - R. Derosier 40. 4.5 100.00 8/17/90 72 011 R. Derosier 40. 2.0 83.00 8/24/90 74 011 R. Derosier 40. 3.5 141.00 8/31/90 80 011 R. Derosier 40. 10.5 40.00 9/07/90 82 011 R. Derosier 40. 5.5 20.00 9/14/90 83 011 R. Derosier 40. 9.0 300.00 9/21/90 86 011 R. Derosier 40. 10.0 400.00 9/28/90 101 011 R. Derosier 40. 13.5 547.00 10/12/90 104 011 R. Derosier 40. 9.5 301.00 10/19/90 106 011 R. Derosier 40. 9.0 300.00 10/05/90 130 011 R. Derosier 40, 10.0 00].00 10/26/90 133 011 R. Derosier 40. 6.0 200.00 11/02/90 159 011 R. Derosier 40. 4.5 MOD 11/09/90 179 011 R. Derosier 40. 8.5 3.00 11/16/90 193 011 R. Derosier 40. 6.0 240.00 11/23/90 258 011 R. Derosier 40. 4.0 100.00 11/30/90 326 Oil R. Derosier 40. 8.5 347.00 11/16/90 192 011 - R. Derosier 40. 0.5 M.00 Phase 10 - Supplemental Services 6/29/90 57 022 J. Hulse 65. 2.5 162.00 6/01/90 50 015 W. Shappy 30. 1.0 31.00 6/01/90 49 002 P. Taber 45. 1.5 61.00 6/08/90 51 002 P. Taber 45. 12.5 562.50 6/15/90 52 002 P. Taber 45. 1.0 45.00 6/29/90 55 002 P. Taber 45. 0.5 MISS This Agreement is made asof the 12%44 day of February, 1990 by and between The City of Bangor, (hereinafter referred to as the "City") and The Ames Corporation (hereinafter referred to as "consultant") for services involving the repair of the Columbia Street Parking Deck. The parties intending to be legally bound, agree as follows: ARTICLE 1 DEFINITIONS "Contract" or "contract Documents" means the specific authorising document (including changes thereto) utilised by the City for the procurement of specific services. The' contract will contain the total agreement between the City and consultant and will include all documents, attached thereto or referenced therein. Subcontractor "Subcontractor" shall mean a corporation, partnership, or individual having a direct contract with the consultant for performing Services, and its employees and representatives. Services "Services" shall mean any work, direction of work, information, technical consulting, or other services furnished by Consultant to the City under this Agreement. ARTICLE 2 APPLICATION OF THE AGREEMENT The Purpose of this Agreement is to set forth the terms, conditions and administrative procedures applicable to Position classification, pay surveys and other services provided by Consultant for the Project on behalf of the city. The description of the services and related matters is noted n Exhibit A which is incorporated into and made a Part of this Agreement. ARTICLE 3 PERIOD OF PERFORMANCE This project as specified i "Exhibit A" shall commence upon execution of Contract.this Contract completion s targeted ter for l 1990. Completion extendedbmuya agreement oi the parties for good faith delay. ARTICLE 4 PRICE AND TERMS OF PAYMENT Unless otherwise agreed to, all work shall be performed on a time and expense basis with a total cost not to exceed $10,600.00. The city agrees to pay Consultant for such work in accordance with the compensation schedule and fees outlined 1n Exhibit "A". Page 1 of 9 ARTICLE 5 QUALITY OF SERVICE consultant shall perform its services with care , skill, and diligence, in accordance withthe applicableprofessional standards currently recognized by such profession, and shall be responsible for the professional quality, technical curacy, completeness, and coordination of all reports, designs, drawings,_ plans, information, specifications, and other items and services furnished under the Contract. Consultant shall comply with directly applicable federal, state 6 local laws, ordinances, codes and regulations in performing its services. If Consultant fails to meet applicable professional standards Consultant shall without .additional compensation correct or revise any errors Or deficiencies in its reports, surveys or other services. ARTICLE 6 INDEPENDENT CONTRACTOR During performance Of the Contract, Consultant shall be an independent contractor and not an agent of the City. Consultant shall supervise the performance of its own services and shall have control of the manner and means by which its services are performed, subject to compliance with the Contract and any other items approved by the City. ARTICLE ] NON -ASSIGNABILITY Consultant shall not subcontract orsign the Contract Or otherwise dispose of its right, title, asor interest therein or any part thereof to any person, without obtaining the prior written consent of the city. Consent by the City to any assigncreate ant or contra ctual ract of the relationship workshall the be city deemed to and the subcontracting party or assignee. ARTICLE 8 INDEMNITY Consultant shall defend, indemnify and hold the City harmless from and against all claims asserted by a third party (or parties) and related damages, losses and expenses, including attorneys' fees, arising out of or resulting from the services performed or neglected to be performed by Consultant, Provided that any such claim, damage, loss or afedict expense is c by negligence of Consultant, anyonedirectly r ly employed by Consultant, or anyone for whose acts Consultant may be liable. ARTICLE 9 LIABILITY EXEMPTION The City acknowledges that the Consultant is a corporation and agrees that any claim made by the City arising Out of any act, error or omission of any director, officer or employee of the Consultant in the performance Of this Agreement, shall be made against the Consultant and not against such director, officer or employee. Page 2 of 9 ARTICLE 10 THIRD PARTY INFORMATION The City agrees that the Consultant may solicit and reasonably rely on third party information essential and relative to the performance of the Consultant in carrying out the requirements of this Agreement whenever such information is under the control of a third party; and the consultant will not be responsible or liable for the direct or indirect consequences of its reasonable e, s nable reliance o such third party information. Examples ofthird parties include, but are not limited to a public, quasi -public or private utility; a governmental body, agency or government (federal, state or local); a water and/or sewer facility, district or entity; or an agent or employee of the City. ARTICLE 11 NO THIRD PARTY BENEFICIARY RIGHTS NO provision Of this Agreement shall in any way inure to the benefit of any third person (including the public at large) o as to constitute any such person a third party beneficiary of the Contract or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. ARTICLE 12 INSURANCE A. Consultant shall purchase and maintain such insurance aswill protect Consultant from the losses or claims set forth below which may arise out of or re sult from Consultant's performance or obligations to performunder the Contract, whether such performance be by Consultant, by anyone directly or indirectly employed by Consultant,or by anyone for whose acts Consultant may be liable: 1. claims under worker's compensation, disability benefit and other similar employee benefit acts. 2. Claims for damage because of bodily injury, occupational. sickness or disease, or death of Consultant's employees. 3.Claims for damages because of bodily injury, sickness or disease, or death of any person other than Consultant's employees. a. Claims for damage ensured by usual personal injury liability coverage. 5. Claims for damages because of injury t0 or destruction of tangible property. 6 claims defined fin or an pproved policions of y Ofprofessional n professional errors and omissionsliability insurance. Page 3 of 9 g. The insurance required by the preceding paragraph shall be written for not less than the following limits or as required by law, whichever is greater. 1. Workers' compensation - Statutory (with broad form all states endorsement) 2. Employers' Liability - $300,000 per occurrence 3. Comprehensive General Liability, including contractual: Bodily Injury - $300,000 per person/$500,000 per occurrence Property Damage - $500,000 per occurrence Personal Injury - $500,000 per Occurrence 4. Automobile, including owned, non -owned and hired vehicles: Bodily Injury - $300,000 per person/$500,000 per occurrence Property Damage - $500,000 per occurrence 5. Professional - $300,000 annual aggregate limit C. Certificates Of insurance acceptable to the city shall be filed with the City prior to commencement of the Work. These certificates shall contain a provision that coverages afforded under the policies shall not be cancelled until thirty days prior written notice has been given the City. D. Insurance specified herein shall be minimum requirements, and consultant is responsible for providing any additional insurance deemed necessary to protect consultant's a is ntexests from other hazards or claims in excess minimum mum coverage. The liability Of consultant to the City is not limited to consultant's insurance coverage. ARTICLE 13 SEPARATE CONTRACTS The City may let other contracts in connection with the work. Consultant shall cooperate, and schedule and coordinate performance of the work with the work of any separate consultants or ,or with contractors complets not ion delay f then interfere project. with their work, or ° ARTICLE 14 OWNERSHIP OF DOCUMENTS All reports and other documents prepared by Consultant under the Contract shall remain the property of the Consultant. At the City's request, such documents shall be reproduced and delivered to the City upon completion of Consultant services under the Contract. Page 4 Of 9 ARTICLE 15 COST RECORDS AND ACCOUNTING Consultant shall keep accounts, books and other records of all its billable charges incurred in performing its services hereunder, and shall itemize and submit its billings to the City in such a manner as the city may reasonably direct. if no such direction is given, Consultant shall maintain books and accounts of chargeable costs in accordance with generally accepted accounting practices consistently applied, and in such a manner as to permit verification of all entries made. For three years from final payment under a Contract, consultant shall preserve all such books and records, and shall upon thirty day's written notice make such records available to the City for purposes of verifying the costs chargeable under the contract. ARTICLE 16 TERMINATION BY CONSULTANT OF CONTRACTS INCORPORATING THIS AGREEMENT If Consultant is not in default of any of its obligations under a contract, and the performance of services is stopped through any wrongful act or neglect of the city, or the City fails to make any payment to Consultant when due. Consultant may give written notice to the City of its intent to terminate performance, specifying the grounds therefore. If the City fails within a reasonable time to cure the act or neglect specified in said notice, or fails within thirty (30) days from receipt of said notice to make the payment identified therein as past due, Consultant may then terminate performance of its services and recover payment from the City for all services performed prior to the termination date. Consultant shall not be entitled, however, to recover for any anticipated profit or fee on unperformed services. ARTICLE 17 TERMINATION OR CANCELLATION BY THE CITY OF CONTRACT A. The City, may, for its sole convenience, cancel this Contract in whole or in part, at any time by giving seven (7) days written fits intention g e so. In event of cancellation, n, Consultant shallbeentitled to re suchover for all services performed prior to the date stated in the notice upon which such cancellation becomes effective, together with its reasonable extra costscu red by reason of the cancellation. No mount shall be allowed, however, for anticipated profit on unperformed services. B. The city may, by written notice of default to Consultant,. terminate this Contract in whole or in pact in any one of the following circumstances: Page 5 of 9 I . If consultant fails to perform its obligations under the Contract, or fails to make progress so as to significantly endanger timely Completion or performance of the contract in accordance with its terms, and Consdays wafter receipt u ofwritten failurewithin tice from the thirty `30) City. 2. if consultants should become insolvent or commit an act of bankruptcy. C. In the event the city terminates the contract in who le or in part for default pursuant to Article 17, (b) 1 or 2, the City may: 1. Take over and arrange for completion Of performance of consultant's services. Consultant shall be liable to the City for all additional costs incurred by the City for such completion of Performance, and: 2. Proceed with any and all remedies available to the City, at law for breach of contract by Consultant. D. upon Receipt of the Notice of Cancellation or Termination, Consultant shall: 1. immediately discontinue all services unless the notice directs otherwise, and 2. Deliver immediately to the City all reports, summaries or other material and information, whether completed or n process, accumulated by Consultant in performance of services. E. The rights and remedies of the City provided in this Article shall be cumulative with and in addition to the rights and remedies otherwise available at law or elsewhere provided for herein. No failure to exercise or delay in exercising on the part of the City of any right provided by the Contract or at law shall operate as a waiver thereof. ARTICLE IS ENTIRE AGREEMENT This Agreement, constitutes the entire agreement of the parties hereto, and supersedes any previous agreement or understandings. It may not be modified except in writing executed by bath parties. ARTICLE 19 NOTICES All notices, requests, demands and other communications under this Agreement ng all be been duly givens if lmailednfirst aclass dorhtransmitted et; by Telex; Page 6 of 9 A. To consultant; The Ames Corporation 115 Main Street, PO Box 2610. Bangor, HE 04401-2610 B. To the City: Office of the City Manger 73 Harlow St. Bangor, ME 04401 ARTICLE 20 CONSEQUENTIAL DAMAGES Under no circumstances shall either party be liable to the other for any special, indirect or consequential loss or damagfaulteor whether or not such loss or negligence of such Party, its employees, caused by the y, em gees, agents, or subcontractors of any tier. ARTICLE 21 NONWAIVER The failure of one party to insist upon or enforce, in any instance, strict performance by the other party of any of the terms of this Agreement, including those relating to compensation or to the exercise of any eight herein conferred, shall not be construed a waiver ver o relinquishment to any extent of its right to assert or rely upon such terms or rights on any future occasion. ARTICLE 22 GOVERNING LAW The validity, interpretation and performance of this Agreement shall be governed by the laws of the state of Maine. All disputes which arise in connection with, or are related to a Contract or any claimed breach thereof, shall be solved, if not sooner settled, by litigation only in Penobscot County, State of Maine, (or the federal Courts otherwise having territorial jurisdiction over such County and subject matter jurisdiction over the dispute) and not elsewhere, subject only to theauthority of the Court in question to order changes of venue. To this end, Consultant waivany rights it may have to insist that litigation to which it i a party be had in any venue other than the above court, and e covenants not to sue the City in court other than the above courts with respect to any Contract related dispute. ARTICLE 23 THE CITY REVIEW AND APPROVAL Unless otherwise agreed to by express written statement the City review and approval of documents developed by the Consultant, shall in no way or manner relieve or lessen Consultant's responsibility for the professional quality, accuracy, and completeness of such documents. Page 7 of 9 ARTICLE 24 CHANGES A. The City may, at any time, request consultant to make changes within the scope of this contract or to perform extra work. Consultant shall Perform the change or extra work only after receipt of the City's agreement, in the form of a change order tothe Contract, to the consultant proposal submitted in connection herewith and required below. B. If any request for a change or extra work causes an increase or of theweaseork, in oo the anycost change tothe thetime performance contract, Consultant shall submit inwriting proposal for accomplishing such changed or extra work which proposal shall define if applicable, any increase or decrease in cost or time of completion or other change to the contract.if the City elects to have Consultant perform the change or extra work, the City will issue a change order to the contract. C. The City will not be liable for any costs incurred by consultant from performance of a change or extra work prior to issuance of a change order to the contract unless expressly authorized in writing. ARTICLE 25 SCHEDULING Unless otherwise directed by the City the following Paragraphs will apply to this contract: A. Schedule A Preliminary schedule shall be submitted to the City within thirty (30) days after Contract Execution for review and establishment of the level of detail to be included. B. schedule update Consultant will submit monthly progress data for the reporting period which will include the percentage complete and actual start data and actual finish data for all activities worked n by Consultant during the period. Any changes will be reported. other information, such as actual hours expended, will be furnished, monthly or requested, by the Consultant. If requested by the City, schedule update meetings will be held to discuss the results of schedule analysis and necessary action to meet the requirements of the schedule. ARTICLE 26 FORCE MA]EURE Neither party shall be considered to be in default in the performance of its obligations under this Agreement, to the extent that the performance of any swhsuch ich r s obligation is beyond the prevented or delayed by any cause, reasonable control of the affected party. Page 8 of 9 THE AMES CORPORATION (CONSULTANT) ErAmes, P.E. President t Date signed CITY OF BAN (CITY) e Y,Dfr4£d N. E Pur cha3i`ng A ent Date Signed /�/ �L Page 9 of 9 EXHIBIT A THE AMES CORPORATION SCHEDULE OF URLY RATES F0 CITY F RANCOR Principal -In -Charge $ 88.00 Project Manager $ 65.00 Senior Civil Engineer $ 55.00 Landscape Architect 5.50.00 civil Engineer $ 45.00 Project Architect $ 45.00 Construction Administrator $ 40.00 Drafter $ 30.00 CARD (Machine Tine) S 20.00 Construction inspector Per Project Reimbursable Expenses: Reproductions, Travel Expense (includes the mileage rate ot $.35/mile reimbursed to our employees) and Accommodations, and Consultants will he billed to the Client' at 110 percent times cost. Interest: interest will he balances Charged at the outstanding rate fterE15 days aft date er month in (12%oice per annum) on ov ° of invoice. ' REQUEST FOR PROPOSALS FOR CONSULTING ENGINEERING SERVICES `1 REMBIL.ITATION OF COLUMBIA STREET RIMING DECK 1. REQUEST FOR PROPOSALS The City of Bangor requests Proposals from qualified Consulting Engines[ to examine, evaluateand prepare detailed recommendations fortherehabilitation of Columbiathe Stria eet etePa kingin Deck locatedat corner the of Hammond Street and id proposals should be [ ved by the Purchasing Agent by Wednesday, July 12, 1999 at 1:00ePeH., after which they will be evaluated by the City Staff to select Individuals or firma to be interviewed. 11. BACXGROUNU The Columbia Street Parking Lot was sucted in 1972, and a secand level deck was added in 1976. "a deckis made up of two bays, consisting of prestressed double tees extending perpendicular to Columbia Stret, topped by aesh-reinforced c crereslab and bituminous pavement. . The deck slopes toward Columbia Street. There have been continuous problems Over the years with deterioration a of the ends of the tees e t, r est Columbia Site caused by the entrance ant of surface and road salt. There is also increasing evidence ofthe deterioration of the concrete topping and Por Lions of the tee flanges. Temporary bracing has been Placed under the tees near the entrance drive onto Columbia Street pending'a permanent correction of the problem. - III. PROPOSED SCOPE OF SERVICES It is proposed that a qualified structural engineering individual or firm examine the existing conditions in the field, review existing contract and shop drawings of the original installation, end/o make detailed [ions recommendations for the restoration of the existing [ recommendations for additional Independent support of the tees adjacent to the entrance; the replacementof the deck surface as may required"call development waterproofing or flashing system whichwillprevent o deteriorationfurther of the surfacer the tees. The subsequent c report should nclude adescriptionand sketches shoving the proposed remedial action and the estimated coat of said work. A separate estimateshould Eben be given forthe preparation of contract Plans and Specifications ready for bidding, with periodic axamination during construction by the Consultant. The bidding and contract administration would be performed by the City. IV. PROPOSAL INFORMATION Each Proposal should list the qualifications and experience of the Engineer 1n projects of similar nature; should state the immediate avail— ability of Qualified personnel tou carry o t te evaluation, with n ome of the Sex who wouldbe involved; and an approximate estimate c range of c fortheInitial evaluation and preliminary report, od for the subsequent preparation of bid documents. It is hoped that the evaluation and the preparation of the pveliminaoy report can be completed during the mouth of August. to sl.low time for at least temporary repairs before cold weacber; it is anticipated that the final rehabilitation Work would be completed ext spring. Existing Plans of the structure can be examined at the City t Engine office and questions may be addressed to either John Frawley or Walter Lure at 947-0341. Est. 301. -2-