HomeMy WebLinkAbout1986-04-14 86-166 ORDER86-166
Introduced by Councilor wbeeler, April 19, 1986
CITY OF BANGOR I
1
(TITLE.) (Order, AnSnarzaxng Except Iat 9f San trant wxtb_Ames FrEAnairs, Inc.
for E g nei g& Design B connection with the construction
of a Snow Removal Equipment Storage Building at Bangor International'
Airport!. -
By the Citi Coemeg of I the aly of Baxter:
ORDERED,
TEAT the City Manager is hereby authorized and directed, on -
behalf of the City of Bangor, to execute a contract, a copy of
which is on file in the office of the City Clerk, with Ames Engineers
Inc., for engineering and design services in connection with the con-
struction of a snow removal equipment storage building at Bangor
International Airport.
86-166
'N6 APR -7 V2:50
0 R
N E N
IN CITY COUNCIL
A]_il 19, 1965
SE1
Title,
Passed
.p
CITY C'E.^,
Authorizing Execution of Contract with
CITY
-
AMz8 Engineer',
Inc. for avgin in9 6
Design Services
in connection with the
" con'sliuc2ioii o'[
a'Snow ke ave pass
Storage Building Haegnr Internatimal Airport
In oa
and fx
.•. ••
.. 6auncilman
86-366
CITY OF BANGOR
PURCHASING DEPARTMENT
CITY HALL 43 HARLOW STREET
BANGOR, MAINE 04401
TEL. 944-OB41 ERT 308
AGREEMENT
for
Engineering and Architectural Services
Design of Equipment Storage Building
Bangor International Airport
This AGREEMENT made the day of , 1986 between
the City of Bangor, hereinafter called the Owner and Ames
Engineers Inc., hereinafter called the Designer who mutually
agree on the Yellowing which is based on the construction of
a maintenance equipment storage building with a total budget
of $840,000.00.
This amount is to include, It) all construction work and
the connecting up of all a isting utilities and related services,
(2) any other cost directly chargeable to the proper functioning
of the building including equipment built-in as a component part
of the building, (3) a 10% design contingency; and which sum is
not to be exceeded by the Designer in his design except by per-
mission of the Owner and the written approval of the F.A.A.
ARTICLE I - BASIC SERVICE FEE
The o will pay the Designer for his Basic Services a fee of
$48,600.00 which may be adjusted in accordance with the conditions
of Article IV. Whether the work be entirely executed or whether
its executionbesuspevded.or-.aboadoned to part orin whole,.pay-
ments to the Designer for Basic Services shall be made monthly and
shall be in proportion to services performed within each phase of
service as follows.
1.1 Schematic Design Phase
Upon the acceptance of the Schematic Design Phase by the Owner
and the F.A.A., an amount equal to 20% of the Designer's Basic
Fee will be paid.
If the estimated construction cost as required by Article II i
within the available funds, a program budget for this schematic
phase will be prepared. If the estimated construction cost is
more than the funds available, the plans of the schematic design
phase shall be rejected. In such an event, the owner, the
F,A.Aa, and the Designer will restudy the design concept to
determine if it is feasible to make any changes which will
bring the work within the available funds without materially
altering the intended use of the project. If such an agree-
ment is reached, a revised schematic design phase shall be
prepared by the Designer and submitted to the Owner and the
F.A.A. for approval.
1.1.2 Preliminary Design Phase
Upon the acceptance of the preliminary design phase by the
Owner and the F.A.A., the payment on account will be increased
to an amount equal to a total of 40% of the Designer's Basic
Design Fee-. If the estimated construction cost is more than
the funds available, the Owner shall have the right to require
the Designer to make revisions mutually determined to be necess-
ary in order to bring the construction cost within the funds
available and resubmit plans, outline specifications and a re-
vised cost estimate to the Owner and the P.A.A.
1.1.3 Final Design Phase
Upon the a ceptance of the final design phase by the Owner and
the F.A.A., the payment on account will be increased to an amount
equal to 75% of the Designer's Basic Design FeeB
This detailed estimate shall be based on the final design and
current construction Costs. If this estimate exceeds available
funds for construction, the Designer, the Owner, and the F.A.A.
shall re-examine the project and shall consider whether to make
any changes or revisions that do not materially alter the intent
of the project; to agree upon certain additive alternates that
may not be mandatory to the concept of the basic project; or to
completely redesign the project to bring the construction cost
within the available funds. Except by mutual agreement of the
above mentioned parties, any changes, revisions or redesign shall
not increase the Designer's fee, since Page 1 of this Agreement
stipulates the amount of funds available for construction, except
as this amount may be amended by a subsequently approved project
budget.
The Designer shall not proceed from any one of the above phases
without the acceptance of the Owner and the F.A.A.
During the design of any of the foregoing phases, no addition to
or change in the original project concept shall be made without
the written approval of the Owner and the F.A.A. The Designer
shall be responsible to notify the aforementioned parties of any
such additions or changes even though the construction cost is
not increased.
Page 2 of 10
1.1.4 Bidding Phase
After bona fide bids are taken and accepted, the payments on
account will be increased to an amount equal to 80% of the
Designer's Basic Design Fee provided, if in the judgment of
the Owner and the F.A.A. the bids received are not acceptable,
no additional percentage above that amount as determined by
Article I (Sub -Article 1-.1.3) will be paid.
After bona fide bids are
received, if they exceed the available
construction funds, the Designer, the Owner and the F.A.A. shall
review the design plans and specifications and the Designer shall
be responsible to make any revisions determined to be necessary
to bring the contraction costwithinthe funds available; or, if
necessary, to redesign the project. Except under very unusual
circumstances and by mutual agreement of the above mentioned part -
ins, no additional fee will be paid to the Designer for such re-
visions or redesign.
If the agreed upon r redesign that may have been set
forth in Article I (Sub -Article 1.1.1, 1.1.2, 1.1.3, 1.1.4) above
do not bring the estimated construction cost within the funds
available, and it appears impracticable to accomplish this, the
Owner and the F.A.A. shall have the right to suspend or abandon
the project and no payments will be made beyond the appropriate
amounts approved in Article I (Sub -Articles 1.1.1, 1.1.2, 1.1.3,
1.1.4).
1.1.5 Contract Administration
Each month, during the period of the construction contract, add-
itional payment will be due, based on the work completed, ain-
dicated by approved contractor's requisitions, until the aggregate
of payments reaches an amount equal to 100% of the fee.
ARTICLE II - BASIC SERVICES
2.1
That the Designer will
furnish
the
Owner
with:
2.1.1
Schematic Design Phase
1. In this phase the Designer shall ascertain the requirements
of the project by consulting with the Owner and the F.A.A. and
shall prepare schematic design studies which shall indicate the
concept of the project, including the proposed general shape,
size, and type of construction. The Designer shall prepare and
submit to the Owner and the F.A.A. a statement of probable con-
struction cost based on
area, volume, o other current unit costs,
adjusted for the project under consideration.
During this phase the Designer shall furnish sketch evaluations
or a perspective, appropriately colored, if desired, of the pro-
posed building which shall become the property of the Owner. If
the Owner desires an architectural rendering of a "professional"
nature the Owner shall so direct the Architect and will reimburse
the Architect for the cost of same.
2. Concurrently with the preparation of the schematic design,
the Designer shall determine from competent authority any of
the following factors in conflict with the use of the site as
proposed: (1) zoning regulations, (2) sanitary codes, (3) health
and fire laws, (4) local ordinances, and shall report his findings
thereon to the Owner when submitting the plans.
3. Concurrentlyvith the preparation of the schematic design,
the Designer shall investigate and make recommendations based
on life cycle cost analysis of the following building components.
a. Exterior wall and roof components
b. Alternate methods and systems for heating, ventilating
and air conditioning.
C. Passive and active solar applications.
d. Overhead door entrance designs utilizing air locks,
air curtains or other energy conservation techniques.
2.1.2 Prellminary Design Phase
These drawings shall show the extent of the sitei location of
Project on the site; type of foundation, the proposed floor plans,
elevations and working sections; and shall be sufficiently develop-
ed so as to fix and illustrate the size and character of the pro-
ject in all of its essential. particulars. The Designer shall fur-
nish outline specifications describing the important items of work
including the structural, mechanical, and electric systems, mater-
ials and such other essentials as may be appropriate. With the
outline specifications, the Designer shall furnish a realistic
estimate of construction cost predicated on the outline spepifica-
tions and the drawings for this phase.
2.1.3 Final Design Phase
These are logical andfinaldevelopments of the foregoing pre-
liminary design phase. They are a part of the construction con-
tract documents and as such must explain in complete detail the
full scope of the work included in the contract and to be per-
formed under the s A final detailed estimate of the cost of
construction predicated on these detail drawings and specifica-
tions shall accompany them.
2.1.4 Bidding Phase
The Designer, following the Owner's approval of the final design
plans and specifications, shall assist the Owner in obtaining bids
or negotiated proposals, and in awarding and preparing construc-
tion contracts.
Page 4 of 10
2.1.5 Contract Administration
The contract administration phase will commence with the award
of a contract and will terminate at the end of the year's
guarantee period, which guarantee period shall commence upon
the issuance of a certificate of acceptance of a construction
project.
The Designer shall be in the first instance, the interpreter
of the conditions of the Contract Documents and the impartial
judge of the performance thereunder. He shall sideneither
with the Owner or the Contractor, but shall use his authority
under the Contract Documents to require faithful performance
by both. The Designer shall have the authority to reject any
work which does not conform to the Contract Documents.
A. To furnish to Owner and the F.A.A. monthly reports of
inspectionand progress.
B. To furnish back up information on necessary changeorders
with recommendations regarding same.
C. To preside at the preconstruction conference and monthly
job meetings.
D. To check and approve partial payment requisitions submitted
by contractors.
R. The Designer shall reviewand approve shop drawings, samples,
and other submissions of the contractor only for conformance
with the design concept of the project and for compliance
with the information given in the contract documents.
F. To make a final inspection of the project with Owner, the
F.A.A. and the Contractor.
G. To make an inspection prior to expiration of the guarantee
period and report on observable defects of material and work-
manship requiring correction by the contractor under his
-
contract.
H. To provide additional contract administration as follows:
When authorized by the Owner he shall employ and pay for the
services of a Resident Inspector as needed who shall be acc-
eptable
-
eptable to the Owner and the F.A.A., both as to person anc
salary (See Article III - Reimbursable Expenses).
The Inspector shall make daily reports on forms furnished by
the F.A.A. The Designer shall forward these reports promptly
to the Owner and the P.A.A.
Page 5 of 10
L.1.6 The Designer further agrees that:
A. He will abide by the applicable provisions of the F.A.A.
Advisory Circular AC150/5220.15 dated 3/25/83, on file
with the Owner and Designer, and by reference made a part
hereof.
B. He will not issue any verbal or written orders for omissions
from, additions to, or changes in the construction contract
unless and until approved in writing by the Owner and the
F.A.A.
C. He will furnish the Owner and the F.A.A. for approval all
sketches and documents pertaining to the schematic design
phase specified in Article It within three weeks from the
day andyearfirst above written.
Following written acceptance by the Owner and written approval
by the F.A.A. of the schematic design phase, he shall furnish
the Owner and the P.A.A. plans and documents pertaining to the
preliminary design phase specified in Article II within five
weeks after the approval of the Owner and the F.A.A.
After receiving acceptance by the Owner and the P.A.A. of the
preliminary design stage, he shall furnish for final approval
the detail plans, specifications and all documents specified
in Article II within three weeks after written approval of the
Owner and the F.A.A.
If the Designer finds it impossible to furnish the Owner with
plans, specifications, etc., specified above, at the times
specified therein, he may make a written request to the Owner
for an extension of time, setting forth therein the reasons
for the request.
If he shall fail to submit drawings orother documents under
this agreement at the times specified above, or violate any
Of the covenants, agreements orstipulation thereof, the Owner
shall thereupon have the right to terminate this agreement by
days'giving five t him
i
Return Receipt Relocated, totheaddressn furnished theeMail,
Owner
for purposes of correspondence, or
D. If he, doing business as an individual, should die before the
completion of the project without heirs or administrators or
signs competent in the Owner's Judgement to carry the work
to completion; then, in either event, all finished or unfinished
plans and documents prepared under this agreement, whether In
his possession or outside, shall thereupon become the property
of the Owner and the Owner shall have the right to immediate
possession and use thereof. In such event his estate will be
entitled to receive just and equitable compensation for ser -
vices already satisfactorily performed and accepted.
Page 6 of 10
E. At any time after the execution of this instrument and under
circumstances not otherwise provided for herein, the Owner
may abandon all or any substantial part, temporarily or perm-
anently, of his services for cause
not attributable to him.
In such event be will be given five days' notice of such
abandonment in writing by Registered Nail, Return Receipt
Requested, to his address as given for correspondence purposes.
F. In the event of the abandonment notice above, he will be en-
titled to just and equitable compensation for any uncompensated
work satisfactorily performed prior to such abandonment: pro-
vided, however, that should the Owner re -activate the agree-
ment, in whole or
in part within three (3) years of such aband-
onment, any money, so paid shall be considered as payment on the
estimated fee as established on re -activation.
G. In the event that he should die during the period of suspension
r he should be unwilling or unable to perform the services
required by the agreement at the time the Owner desires to
reactivate the agreement; then-reproducable copies of all
finished or unfinished documents prepared pursuant to this
agreement shall become the property of the Owner and he shall
have the right to immediate possession and use thereof.
ARTICLE III - REIMBURSABLE EXPENSES
3.1 Reimbursable Expenses are in addition to the compensation for
Basic Services and Additional Services and include actual ex-
penditures made by the Designer, his employees, or his pro-
fessional consultants for the expenses listed as follows:
3.1.1 With prior written authorization by the Owner and the F.A.A.
the Designer may be reimbursed for transportation, living and
communication expenses Incurred by the Designer in the disburse-
ment of any special duties in connection with the work. Normally,
transportation, living expenses and telephone expenses will be
the responsibility of the Designer.
3.1.2 .The Owner will furnishfor. the information of the Designer, or
reimburse' -him for the cost of, a survey of the project site,
giving the grades and lines, streets, pavements and adjoining
properties, boundaries and contour of the site: adequate inform-
ation as to sewer, water, gas and electric services, test borings
r pits, materials, chemical, mechanical or other tests, are-
quired. 'However, the Designer shall be responsible for the avail-
ability of sufficient information relative to subsoil conditions
at the project site pertaining to foundation design.
3.1.3 The. Owner agrees that drawings and specifications asinstruments
of service a r
and shall remain the property of the Designer
whether the project for whichthey are made is executed or not.
The Designer acknowledges that the Owner is entitled to retain
copies of drawings and specifications as noted below for the
Page 7 of 10
information and reference of the Owner in connection with the
use and occupancy of the project building.
3.1.4 After the completion and acceptance of the project, and prior
to final payment to the Designer, the Designer shall deliver to
the Owner or the F.A.A. all the tracings of the plans. These
tracings shall show all significant revisions made during con-
struction so that they are lure "As Built" plana. The Owner or
the F.A.A. will have reproducible prints made from the said
tracings, after which they will be returned to the Designer.
The Owner may request the Designer furnish directly to him a set
of reproducable prints. In such cases the Owner will reimburse
the Designer the expense of obtaining the reproducable prints.
Such expense shall not include the "in-house" expense of the
Designer in making corrections to the original tracings.
3.1.5 The Owner shall reimburse the Designer for the "net expense"
for reproducing, postage and handling of drawings and specifications
required for bidding purposes. The "net expense" shall be the
difference between the actual cost of the Designer less any de-
posits retained.
ARTICLE IV - ADDITIONAL SERVICES
4.1 The following seo
are not covered in Article I Basic Service
Fee. If any ofthesesadditional services are
authorized in writ-
ing by the Owner, they shall be paid for by the Owner as herein
listed or as mutually agreed by the Owner and Designer.
4.1.1 Providing special analyses of the Owner's needs, and programming
the requirements of the Project.
4.1.2 Providing interior design and other services required for or in
connection with the selection of furniture and furnishings.
4.1.3 Providing services for planning tenant or rental spaces.
4.1.4 If, at any time after acceptance by the Owner and the written
approval of the F.A.A. of the design phases, he shall, through
o fault of his, be required by the Owner and the F.A.A. to
make substantial changes in detail plans and specifications, he
will make the required changes, and will be entitled to just
and equitable compensation; thereof, He, the Owner, and the F.A.A.
will agree upon the basis of such compensation before beginning
such work.
4.1.5 Providing consultation concerning replacement ofany work damaged
by fire or other cause during construction, and furnishing pro-
fessional services of the type as may be required in connection
with the replacement of such work.
Page 8 of 10
4.1.6 Providing professional services made necessary by the default of
the Contractor.
4.1.4 Providing Contract Administration and observation of construction
after the approved completion date has been exceeded by more than
twenty percent through no fault of the Architect.
4.1.8 Preparing to serve or serving as an expert witness in connection
with any public hearing,.1arbitration proceeding or legal proceed-
ing.
4.1.9 Providing services or professional consultants requested and
approved by Owner for other than normal structural, Mechanical
and electrical engineering services for the Project.
4.1.10 Prior to final payment of the Designer's fee, adjustment con-
sideration shall be given to contract change orders. Any
changes required in the .construction for which change orders
are necessary, due to omission or discrepancies in the contract
plans, shall be so stated in the request for and in the formal
change order, and no fee shall be paid on such change orders.
Any change orders (either additive or deductive), which materi-
ally affect the constructim cost, shall be subject to negotia-
tion concerning the effect on the Designer's fee.
4.1.11 Prior to or during the final phase, fee adjustments for alternates
will be considered for the specific circumstances involved. If
the alternates are suggested by the Owner, the fee will be paid
on the basis of the bid on the original design plus the bids on
any alternates accepted or the final estimated construction costs
on any alternates not accepted. While if used as a design esti-
mate contingency or to avoid redesign, no fee will be paid on the
amount of the additive alternates not accepted.
ARTICLE V - MISCELLANEOUS PROVISIONS
5.1 If the services covered by this agreement have not been completed
within eighteen (18) months of the date hereof, through no fault
of the Designer, the amounts ,of compensationset forth herein may
be adjusted.
5.2 The Designer shall not assign ortransfer any interest in this
Agreement except with the written approval of the Owner and the
F.A.A.
5.3 The Owner and the Designer hereby agree to the full performance of
the covenants herein.
5.4 The following are modifications of, or amendments to Article I
through V above, to which the Owner and the Designer have mut-
ually agreed:
Page 9 of 10
This AGREEMENT entered into as of the day and year first
written above.
OWNER DESIGNER
City of Bangor Ames Engineers, Inc.
City Hall One Merchants Plaza
73 Harlow Street Bangor, Maine 04401
Bangor, Maine 04401
Page 10 of 10