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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