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-