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HomeMy WebLinkAbout1986-09-08 86-369 ORDER86-369 Introduced by Councilor Con, September 8. 1906 lfl_`; CITY OF BANGOR ,�gymm (TITLE.) Mrber, Authorizing City Manager to Eater into an_igreement with Edwards &Felcey, Inc. - Final Design of Airport Improvements By tee aty Com m! of tee City of Reagan, ORDERED, THAT the City Manager be and hereby is authorized to enter into on Agreement with Edwards & Eelcey, Inc. of Boston, Massa- chusetts for the final design of certain Airport Improvement Program work at Bangor International Airport, including the installation of directional signs, the expansion and rehabili- tation of the commuter apron, and the installation of security lighting for the general aviation apron, a copy of said Agreement being on file in the Office of the City Clerk. STAMEW OF FACTS The total estimated cost of the final design services is 834,M.00, which represents an addition to previous work performed on these projects by Edwards & gelcay, Inc. The City's share of the cost is five percent, which is funded out of annual appropria- tions for Airport work. 86-369 ORDER. Title, In city Ocuneil September 8,1986 Passed AuUorisipg City Manger U Enter into ,F �GCCJ '� an Agreement MvaNs .. NalaeY, Iro. 4J y . , Clark ,Final Design of Airport Improvements , intro lea :6Y .. .. .cmw ilmen pi 86-363 AGREEMENT FOR PROFESSIONAL EhIGINEERING SERVICES FOR THE FOLLOWING: "Iretall Airport Signs; Er d aM Rehabilitate Commuter Ramp; and Install Security Lighting fm the General Aviation Apron" FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROJECT ENTITLED .. AIR No. }2}0005-06 AT THE BANGOR INTERNATIONAL AIRPORT BANGOR, MAINE THIS AGREEMENT entered into this day of,1986 by and between the City of Bangor, hereinafter referred to os the Owren, and firm of Edwards and Kelcey, Inc., 286 Congress Street, Boston, Massachusetts 02210, referred to as the Engineer, for design, construction supervision, and administrative services in connectionwith Improvements to the Bangor International Airport as hereinafter specified: 159110=141:19VAr WHEREAS, the Owner proposes tot "Install Airport Signs; Expand and Rehabilitate Commuter Romp; and [retail Security Lighting for the General Aviation Apron", and; WHEREAS, the Owner desires professional engineering services in connection with the aforesaid improvements to he designed and constructed in cormlicrice with all the regulations of the Federal Aviation Administration (FAA) which is participating in the funding of this Project; NOW THEREFORE, the Engineer for the fees and reimbursements estimated to total $34,729 for this Project and out to be exceeded unless a supplemental agreement is executed by both parties to the Contract with approval by the Participating Agency rwmed above, to furnish the neceory professional engineering services to the Owner in accordance with sthe following Articles: ARTICLE C - ADVERTISING, BIDDING AND ARRANGEMENTS FOR CONSTRUCTION 0. Adventist _ The Erginesr shall prepare all forms for advertisement, bid proposals, cmtrac� onds, labor and MJW E requirements and other contract documents needed to solicit public bids for the construction of the project. Twenty-five sets of documents will be required. b. Biddirw. The Engineer shall attend a prebid conference and the bid opening; he shall prepare any addenda required. C. Anal s of Bids. The Engineer shall review all bids received and report on the correctness of each bid; he shall prepare an abstract or summary of bids; he stall make recommerdatiom for the award of construction contract(s). d. Award of Caskwfim Contrast. The Engineer shall prepare ata obtain all necessary signatures w�T onsiG r,icfim Cmimct and distribute copies to the Owner, Contractor, FAA ad State. ARTICLED - ADMINISTRATION (NOT USED) ARTICLE E - (FE ERAL SUPERVISION OF CONSTRUCTION OfRw ata FieM Duties. The Engineer shall attend a pre -construction canfer- nm and c ec wo<iiT r i'rg drawmgs furnished by the construction contractor stall give consultation and advice during the construction; shall provide general supervision and administrative support to the resident inspection force provided under Article F hereinafter and shall review completion of the work. Supervisory visits to the construction site shall bs made periodically. The Engineer will attend a final inspection meeting with the Owner, the State Aeronautics Agency, -ata the Federal Aviation Administration. b. Preheat Payment Rewch and Cmsfrucfian Chmges. The Engineer shell review Cmfracfor progress pay requests nclusim in el•` mnt Payment Requests, shall explain to those concerned the data therein, and shall obtain the signatures of interested parties. The Engineer shall do Me administrative work as required in obtaining views and concurrence of all cwIDerned including Owner, construction contractor, and State ata Federal agencies in reaching decisions during construction an construction methods, departures from One drawings and specifications, processing of Change Orders, preparing Notice to Proceed, Stop Orders and assessment of liquidated damages. Fie shell prepare and submit Final Construction Documentation. -3- ARTICLE F - RESIDENT INSPECTION OF CONSTRUCTION Resident Inspection services will be provided by the Owner. ARTICLE G - EXTRA SERVICES AND SPECIAL CASES a. Extras Services. The Engineer shall make such revisions of the Preliminary designs as may teary to meet the requirements of the Owner, the State Aeronautics Agency, and the Federal Aviation Administration. After a design has been approved by all agencies and the Owner on the preliminary or final plans and specifications, or after the bid opening, and an agency or the Owner requires the Engineer to make substantial changes in the design, plans or specifications thereafter; the Engineer shall make the required changes. A Supplemental Agreement will be negotiated to define payment for such Extra Services. The Engineer will make design changes to the drawings arM specifications at ne cost to the Owner for revisions that occur due. to the Engineer's own design errors. b. Added Cmsdmuchion Work. The Engineer shall be paid extra compensation for services expense ees called upon for the preparation of plans, forms and approvals for added construction work or construction change orders. These services and expenses shall he compensated fm by Supplemental Agreement C.Aalhoriy. Extra services and added canstruction work shall be performed by the Engineer ant p road by the Owner, the State Aeronautics Agency, and the Federal Aviation Administration. d. If the Engineer is of the opinion that my work he has been directed to perform is beyond the intended scope of this Agreement and constitutes extra work, h s shall promptly notify the Owner in writing of that fact. In the event that the Owner determines that such work does constitute extra work, the Owner shall provide extra compensation to the Engineer by Supplemental Agreement. In the event the Owner does not agree that the work the Engineer has been directed to perform is beyaM the Intended soaps of this Agreement, then it is the choice of either party to have its dispute submitted to arbitration in accordance wiffi the following paragraph "e." e.Arbitration of all questions in dispute under this Agreement shall be at the choice of e'i�y and shall be in accordance with the rules, then in effect, of the American Arbitration Association. This Agreement shall lbs specifically enforceable under the prevailing arbitration law, aM judgment upon the award rendered, may be entered in the court of the forum, state or federal, having jurisdiction. The decision of the arbiters shall be a condition precedent to the right of any legal action. If the applicable statute of limitations would bar the institution of my legal or equitable proceedings bared on a claim or dispute under this Agreement, neither Party shall have the right to seek arbitration of such claim or dispute under this paragraph. f. Court and Robotic Hearim Appemanw. Nothing in this contract shall be construed to013-lig-ate 4Pie�meer to prepare Tor, or appear in litigation in behalf of the Owner, or at hearings other than those before the State Aeronautics Agency or the Federal Aviation Administration. Should such services be regained of the Engineer, he is to he paid for such service and for any expense incurred in relation thereto, which service and expense shall he considered as covered by the fee of $600/day. g. lieetf�Loc Loci The Engineer shall be paid extra compensation far time and expenses o is�Ti` employees rolled upon far conferences or other services rendered at locations other than Boston, Burlington or the City/Town in which the project is located. h. The O+ner stall insist the engineer in obtaining approval of all City/Town authorities Faving jurisdiction over the Project and such approvals and consents from such other individuals or bodies as may he necessary for completion of the Project. I. When the temtntiw schedule is extended by a length of time (greater than 12 months) su [lent to muse a nemployee wage rates and project expense rates, due to circumstances beyond The control of the Engineer, the Engineer reserves the right to renegotiate the lump sum fee and cost-plas-fixed fee estimated amounts in proportion to the change in employee wage rates and project expense rates. j. Tia Engineer shall resign an experienced Registered Professional Engineer, acceptable tart i b—wrier and EAA, TO be in responsible charge of all the wmk performed under the Contract. The Consultant shall not replace the person in charge without permission of the Owner. The Consultant shall assign such personnel to the work as may be necessary from time to time to complete the work required. k. Insurance. The Engineer agrees that he will, before commencing the perfor- e of tfls moment, provide Workmen's Compensation Insurance for the benefit of all Persons employed under this Agreement, and shall continue such insurance in full force and effect during the term of This Agreement. In addition, the Engineer shall procure and maintain insurance during the term of this Agreement In the amounts ad for the types of coverage indicated below: Public Liability Insurance with limits to $500,000 for Bodily Injury and $500,000 for Property Damage; Automobile Liability, Bodily Injury and Property Damage, with limits to $500,000 per occurrence. In addition to the above stated limits, excess liability coverage in the amount of $1,000,000 Per occurrence and aggregage shall be procured. The Engineer will furnish proper certificates evidencing this coverage. -5- ARTICLE H - PERFORMANCE A tentative schedule for the execution of the above-mentioned engineering services shall he established at a predesign conference attended by the Owner, the Engineer, the State Aeronautics Agency, and the Federal Aviation Administration and shall become part of this contract. The Engineer shall act normally start work until a completed, signed and approved contract is received by all partics. Is so ordered in writing by the Owner, the Engineer may begin thecontract work prix to receiving a completed contract The tentative schedule follows: Item Dole Engineering Contract 7/86 Field Surveys none Soils 6@loratime 7/86 Pavement Design 7/86 Drainage Design none Preliminary Drawings, Specifications and Estimate none Final Contract Drawings, Specifications and Estimate 1/% Advertisement 8/1/86 Bid Opening 81151% Project Application 8/16/86 Notice to Proceed for Construction 9/2/86 - The Owner may extend the date far delivery of completed plans and contract documents beyond the time specified when the work has been delayed for reasons beyond the control of the Engineer, or dux to a delay in submission of material being furnished by the Owner. The Engineer may present to the Owner in writing his request for extension of the allotted time together with its justification therefore. The Owner will evaluate such request and he may grant such extension of time as is warranted thereby after approval of the Federal Aviation Administration.. -6- ARTICLE I - BASIS OF PAYMENT a.itrex Fee. The Owner hereby agrees to pay the Engineer for services included in ri c es CT, and D the lump sum fee of $23,829 arrived at as follows: , , Article A, Collection of Data $ 0 Article 8, Designs, Drawings, and Specification $19,000 Article C, Advertising for Bids and Arrangements for Construction $ 4,829 Article D, Administration $ 0 Lump Sum of $23,829 b. Cansinsctian Sueervisian Fee. The estimated fee for Article E is as follows: (Based on aTlwee coni sirucTim perical. Direct Payroll $ 3,720 Overhead Cost (128) $ 4,262 Subcansultaut Services $ 0 Fixed Fee $ 1,197 Expenses $ IJ21 Estimated Fee for Article E $10,900 Resident Inspection Fee. The Resident Inspection will be provided by the Owner, including oill neceesar�plant inspection. d. Payments are to be made to the Engineer monthly based on on estimated percent of completion of Articles A, B, C, and D. Payment will be made monthly for engineering services furnished under Article E - CONSTRUCTION SUPERVISION for manhours actually worked at the actual payroll rate plus overhead plus subconsultant casts plus a fixed fee plus all out -of -packet expenses directly chargeable to the project. e. Wage ranges for technical classifications of personnel in effect as of the date of this contract are attached as Exhibit W. I. Attached to this contract is the certified Edwards and Kelcey, Inc. overhead cost factor (Exhibit 'B'). The overbeod factor of 128% will be used for the purpose of this contract. g. The out-of-pocket expenses will also include, Wt ore not limited to, travel mileage billed at $0.30 per mile, lodging, subsistence billed at $75/day, and long distance telephone calls. -7- It. The total amount of $10,900 (Article 0 is the estimated fee assuming a I3 week canstruction period and will not he exceeded without prior agreement. When the costs incurred for Article E total approximately 90 percent of the total estimated costs listed in Article I, or if, or any time, the Engineer has reason to believe that the total actual costs will be greater than the then total estimated costs, the Engineer shall notify the Owner giving a revised estimate of the total cast for the services to be furnished. Should the revised estimated costs exceed the then total estimated casts, this Agreement shall either be amended to cover the increase in revised estimated costs or the scope of services shall be reduced to keep within the total estimated cost. I. Payment for my special cases, added construction work, or extra work as defined in Article G shall be made for manhoms actually worked at the actual payroll rate plus 129% for overhead plus subronsultant costs plus a fixed fee plus all out-of-pocket expenses directly chargeable to the project. j. Th e fixed fee shall not be increased except by a Supplemental Agreement amendment for extra work which substantially increases the scope of services or time for completion. k. In the event payment to the Engineer is delayed beyond 60 days from the date of the Engineer's invoice, the Engineer shall receive at the current prime rate of the Chase Bank Manhattan Bk Interest, on the unpaid balance from said sixtieth day, subject to state limitations an maximum interest rates. - 1. Cancellation. The Owner may abandon, summers] or terminate this agreement at my time, su lec� t to Payment to the Engineer for services already performed or an ottwnt ups to the date of mandmment, suspension or termination. ARTICLE J - ASSURANCE STATEMENT OF THE ENGINEER Edwards and Kelcey, Inc., of Bastin, Mossochasetts, the Engineer for the subject project, hereby assures that the project will be conducted in compliance with the following: a. C Rance wilds R krtiam. The Engineer shall comply with the Reg,,laf tore relative to non uc inatim In a racy assisted programs of the Department of Transpor- tation "DOT' Title n49 Code of Federal Regulations, Part 21, as they may be amended from time to time hereinafter referred to as the Regulations, which are herein Incorporated by reference and made a part of this contract. b. Nas]iserimirMian. The Engineer with regard to the work performed by it during the contract,,n notl =n nate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulation, including employment practices when the contract rovers a program set forth in Appendix B of the Regulations. N C. Solicitations for Subcontracts. In all solicitation by competitive bidding or negotiationm e y rade ngmeer�o work to be performed under a subcontract, including procurements of materials or leasee of equipment, each potential subcontractor or supplier shall he notifie by the Engineer of the Engineers obligations under this contract and the Regulations relative to nordiscriminafion on the grounds of race, color, or national origin. d. 1 formationad a. The Engineer shall provide all information and reports v gmie3 Tyr egu ations, The issued pursuant thereto, and sl Wl permit access to its books, records, accounts, other sources of information, ad its facilities as may he determined by the Owner or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of an Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the Owner or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Nweomalianae. In the event of the Engi,eer's non s mplionce with the nanndismmma}ion provprowsionss o thiscontract, the Owner shall Impose such contract sanction as are appropriate, including but rot limited to: I. withholding M payments to the Engineer under the contract until the Engineer complies (in which case the interest payment specified in Article ._I, Paragraph K shall not apply), and/or - 2. cancellation, termination, or suspension of the contract, in whole or in part. f, Inner rationnof Provisiom. The Engineer shall include the provision of paragraphs t ro"in every subcontract, including procurements of materials and leates of equipment, unless exempt by the Regulations or directives issued pursumt thereto. The Engineer shall take such action with respect to any subcontract or procurement as the Owner or the Federal Aviation Administration may direct as a mems of enforcing such provisims including sanctions for noncompliance: Provided, however, that, in the event a Engineer becomes involved in s threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may rawest the Owner to enter into such litigation to protect the interests of the Owner and/or the interests of the United States and the state. -' g. Minx 8:sinas EnMr ise (MBE/WBE) Aswra:ce Poli . It is the policy of the Department o eanpartat�on tat m,nonty an omen usiness enterprises, as defined in 49 CFR Part 23, shall have the maxim opportunity to participate in the performance of contracts financed in whole orinwith Federal funds under this - agreement. C.onsetueptly, the MBE requirements of 49 CFR Part 23 apply to this agreement. In. MBE/WBE Obliwtion. The Engineer agrees to ensure that minority and women business enierpri�f nee in 49 CFR Part 23, have Tre maximum opportunity to participate in the performance of contracts and subcaniracts financed in whole or in part with Federal funds provided under this agreement. In this regard II Contractors shall take all necessary and reasonable steps in accordance with 49 CF Port Part 23 to enure that minority business enterprises have the maximum opportunity to compete fm and perform contracts. Contractors shall net discriminate an the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. -9- ARTICLE - CERTIFICATIONS OF ENGINEER FAA I hereby certify that 1 am an Assistant Vitt President and duly authorized represento- five of Edwards and Kelcey, Inc., whose address is 286 Congress Street, Boston, Mossachu setts 02210, and that neither 1 nor the above firm I here represent has: a. employed or retained fora commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, b. agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of arty firm or person in connection with carrying out the contract, or C. paid, or agreed to my, to any firm, organization, at Person (other than a bona fide employee working solely for me or the above consultant) my fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge .that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Trmsportation, in connection with this contract involving participation of Airport Improvement Program (AIP) funds, ark is subject to applicable State and Federal laws, both criminal and civil. David B. Weiner, P.E. Assistant Vico President -10- ARTICLE L - COOPERATION The Engineer shall cooperate with representatives and employees of the City of Bangor and also the representatives of the State Aeronautics Agency and the Federal Aviation Administration, to the end that the project may proceed expeditiously and economically. It is understood that the Owner, the State Aeronuatics Agency, and the Federal Aviation Administration will furnish the Engineer with any data pertaining to this work which they may have in their possession. ARTICLE M - PRINCIPAL PARTIES CONTRACT APPROVAL SIGNATt1RES ACCEPTED PROPOSED EDWARDS AND KELLEY, INC. BY:�A1 David B. Weiner, P.E. Assistant Vice President 1198_ APPROVED, AS TO FORM BY: BY: BANGOR INTERNATIONAL AIRPORT REDBIGN, REBID AND INSPECTION SERVICES FOR AIRPORT ROAD SIGNS, EXPANSION AND RI}IABILITATION OF THE COMMUTER RAMP, AN[r THE INSTALLATION OF SECURITY LIGHTING FOR THE GENERAL AVIATION APRON FEE ESTIMATE REDESIGN Coordination of survey, test pits, 40 hrs. Project Manager @ 24.00 = $ 960.00 FAA approval, project budget, and contract revisions. Supervision and coordination of redesign effort. Pavement design, grading, sections, details for new opren rehabilitation Restructuring of Plans, Specifica- tions, now estimates, new proposol forms 16 hrs. Project Mawger @ 24.00 = $ 384.00 40 hrs. Project Engineer @ 20.00 = $ 800.00 80 Ms. Engineer @ 14.W $1,120.00 100 hrs. Drafter @ 13.00 = $1,300.00 40 hrs. Project Engineer @ 20.00 = $ 800.00 40 his. Engineer @ 14.00 = $ 560.00 40 hrs. Troist @ 10.00 = 400.00 Total Payroll $ 6,324.00 Overhead @ 128% $ 8,095.00 Direct Costs $14,419.00 Fixed Fee (15%) $ 2,163.00 Expenses a 2418.00 TOTAL FEE - $19,000.00 Expense Detail: 4 site visits @ $200 -800 - Soils lab tests _ 1200 Repro & Misc. 412 $2,418 BIDDING Pre-bid conference, bid -opening, bid review, awcrd recommendation Summary of bits, FAA application Expense Detail: 2Trips = 400.a0 Reproduction $600.00 CONSTRUCTION SUPERVISION Shop Drawing Review Partial Payment Estimates, As Built Drawings, Project Close-out Bi -weekly site visits during coN}roctlan (3 months x 2 = 6 days plus final insp. = 7 days) Experee Detail: 7Tripe - $1,4W Repro & Misc. = 321 $1,721 40 hrs. Project Manager @ 24.00 = $ 960.00 20 hrs. Project Engineer @ 20.00 = $ 400.0 10 hrs. Typist @ 10.00 = $ 100.00 Total Payroll = 1,460.00 Overhead @ 128% 1 869.00 Direct Costs $3,329.0 Fixed Fee (15%) $ 500.0 Expenses 1000.0 TOTAL FEE $4,829.0 40 hrs. Project Engineer @ 20.00 = $ 80000 40 hrs. Project Engineer @ 20.00 = $ W0.00 56 hrs. Project Engineer @ 20.00 = Total Payroll $3,720.W Overhead @ 128% $4,262.00 Direct Costs $7,982.00 Fixed Fee 0S%) $1,197.W Expenses $1,721.00 TOTAL FEE $10,9W.00 RESIDENT P ECTION (Furnished by Owner) FEE SUMMARY Redesign $19,000 Bidding 4,829 Construction Supervision 10,900 Resident Inspection - 0 - TOTAL FEE $34,]29 EXHIBIT "A" EMPLOYEE CLASSIFICATION AND WEEKLY SALARY RANGE Classification Weekiv Salary Raine Associate Engineer $840-1,025 Principal Engineer 775-1,000 Senior Engineer 650-825 Engineer 525-750 Assistant, Engineer 400-550 Engineering Technician 280-360 Senior Designer 575-600 Senior Drafter 500-580 Drafter 400-500 = Tednnical Stenographer 340-440 EXHIBIT '8'. EDWARDS AND KELLEY'; INC. EDWARDS AND KELCEY. PARTNERSHIP EDWARDS AND KELCEYENGINEERS, INC. Combined Statement of expenses other than Direct Project Costs Expressed as a Percentage of Direct Payrolls Charged to Domestic Projects During the Fiscal Year which Ended April 30, 1983. OVERHEAD COSTS Direct Payroll Overhead (Burden and Fringe Casts) Other Expenses . New Business: - 4.63 Payroll Expenses 8.27 Administrative Payrolls 20.12 General Payrolls (including Premium Pay for Overtime Work and ' Principals' Time Charges for Project Operations) 14.12 Administration Expense 3.p5 Fringe Costs on Overhead Payrolls 12.25 Travel and Auto Expense 1.90 Professional Services - 1.62 11.72 Rent and utilities Depreciation and Amortization of Leasehold Improvements 5.81 Insurance Premiums 5.06 Taxes (other than Federal Income Tax) 1.24 -Telephone and Telegraph 2.72 Dues and Licenses .53 General Business Expense 3.89 Postage - .50 Publications .40 1.56 Reproductions 2.35 Supplies - Education Expense .41 1.37 Professional Society Activities Recruiting Expense- 1.Ed Total Expenses - - 99.46 32.111 I Less: Computer Expenses Allocated to Projects (3.10) Reproduction Costs Allocated to Projects (.44 Total Other Expenses - ' 952592; Total Overhead Costs _ 1 certify .that the above schedule of percentages for the accounts noted is a true and accurate report of -the relationship between the overhead costs incurred to the total straight time direct payroll (other than principals' time charged to projects) for the year ended April 30, 1985, and is based on the books of accounts subject to review by our Certified Public Accountants June 14, 1985 EaA N. Heaton, Assf. Treasure,