HomeMy WebLinkAbout2021-04-26 21-164 Order
04/26/202121-164
04/26/2021
21-164
Engineering
Order
N/A
Title, Order
Authorizing a Two Year Extension of the AECOM 2017 Technical Service Contract Agreement.
This Order would authorize a two year extension of the existing Technical Service Agreement with
AECOM dated August 29, 2017.
AECOM has been providing consulting engineering services to the City of Bangor to assist the City
with long term plans to reduce combined sewer overflows within the City's sanitary sewer system
and at our wastewater treatment plant. The Technical Service Agreement has been utilized to
complete Task Orders issued by the City to AECOM to complete a significant amount of work
associated with the City's sewer system and Consent Decree with EPA and MaineDEP.
The City signed a three-year service agreement with AECOM in October 2014, with an option for an
additional three-year extension which the City took advantage of in 2017. The current Technical
Service Agreement expired on June 30, 2020. The yearly maximum agreement is $500,000 per year.
Because of AECOM's ongoing involvement with City projects, it is recommended to extend the
existing Technical Service Agreement for an additional two year period until June 30, 2022 to allow
for the construction completion of the Davis Brook Storage Tank Project and to allow AECOM to
provide for additional services with the City's Consent Decree submissions due in June & December
2021.
Infrastructure Committee
04/21/2021
Recommend for passage
50
Consent
04/26/202121-164
CITY OF BANGOR ORDER
04/26/2021
21-164
Schaefer
Authorizing a Two Year Extension of the AECOM 2017 Technical Service Contract Agreement.
Whereas, the City has long term plans to reduce combined sewer overflows within the sanitary sewer system
and waste water treatment plant;
Whereas, the City's consent decree with the Environmental Protection Agency and Maine Department of
Environmental Protection requires or encourages such reduction in overflows;
Whereas, on August 29, 2017, the City entered into a Technical Service Agreement with AECOM, under which
AECOM has assisted the City in reaching it's goals for the sanitary sewer system both under the consent
decree and separate from it;
Whereas, the Technical Service Agreement with AECOM expired on June 30, 2020;
Whereas, the City wishes to continue its relationship with AECOM under the same terms and conditions of the
prior agreement;
Now therefore, be it Ordered by the City Council of the City of Bangor,
The City Manager is hereby authorized to execute a two year extension of the Technical Service Agreement
with AECOM, dated August 29, 2017. Other than the termination date of the agreement, the terms and
conditions shall remain the same.
dK110a�n i ie or,�u� IIJ�i.,,
Contract Renewal for Professional Services
between
The City of Bangor
and
AECOM TECHNICAL SERVICES, INC.
THIS AGREEMENT made thi day of August 2017, by and between the City of Bangor (hereinafter
referred to as the "CITY"), and AECOM Technical Services Inc., (hereinafter referred to as the
"CONSULTANT'). This contract renewal fulfills the one and only extention as allowed under the Request
for Proposal specifications dated February 28, 2014.
THEREFORE, in consideration of the foregoing and other valuable consideration paid to the
CONSULTANT and with the parties hereto intending to be legally bound, the CONSULTANT and CITY
agree as follows:
Article 1: Services:
CONSULTANT agrees to provide the personnel, supplies, equipment, labor, and oversight necessary to
perform professional engineering services to support the wastewater and stormwater collection systems
and treatment facilities of the City of Bangor, design of improvements as outlined within the Phase 2
Long Term Control Plan for abatement of combined sewer overflows, assist with implementing the
CITY's Municipal Separate Storm Sewer System General Permit and other related services. Services shall
also include assistance with the implementation of the above referenced tasks over the next three years
on an as needed basis. If requested to do so by the CITY, CONSULTANT shall provide services as
outlined in Exhibit A attached hereto.
Article 2: Consultants Performance:
CONSULTANT will endeavor to perform the services hereunder in an expeditious and economical
manner consistent with sound professional practices and consistent with the common industry
standards. The CONSULTANT shall be, and shall remain, fully responsible to the CITY within the
said standard of care for the technical completeness, sufficiency, and accuracy of all professional
services furnished by or under this CONTRACT. The CONSULTANT shall, without additional cost
or fee to the CITY, correct and revise any errors or deficiencies in its performance. The
CONSULTANT shall pay CITY for any loss, damages, or costs, including attorney's fees, to the
extent resulting from CONSULTANT'S negligence or breach of this CONTRACT.
Article 3: Quality of Service:
CONSULTANT shall perform its services with care, skill, and diligence, in accordance with the applicable
professional standards currently recognized by such profession.
The CONSULTANT shall be responsible for the professional quality, technical accuracy, completeness,
and coordination of all reports, designs, drawings, plans, information, specifications, and other items
Contract Renewal Agreement Page 1 of 16 Engineering Services
and services furnished under this CONTRACT. CONSULTANT shall comply with all applicable Federal,
State and local laws, ordinance, 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 4: Personnel; Independent Contractor:
CONSULTANT represents that it has, or will secure at its own expense, all personnel required in
performing its services under this CONTRACT. Such personnel shall not be officers or employees of the
CITY, or have any contractual relationship with the CITY.
CONSULTANT further agrees that consistent with its status as an Independent Consultant that its
personnel will not hold themselves out to be, nor claim to be, officers or employees of the CITY by
reason of this CONTRACT.
Article 5: City Representative:
The CITY may assign an authorized representative, who shall act as the CITY'S representative in all
dealings with the CONSULTANT for each project. CONSULTANTS performance hereunder shall be
subject to the CITY's review and approval and said approval shall be a condition precedent to payment
to CONSULTANT. Said approval shall not be unreasonably withheld.
Article 6: City Responsibility;
The CITY agrees to furnish or provide access to CONSULTANT any information or material in its
possession which is relevant to CONSULTANTS performance hereunder. CONSULTANT will be entitled
to reasonable rely on any such information or materials, consistent with common industry standards.
CITY staff will cooperate wih CONSULTANT and CONSULTANT will not, without the CITY's writtern
consent, disclose, or permit disclosure by any officer, employee, agent, or subconsultants of
CONSULTANT, any information or material furnished or generated under this contract.
Article 7: Performance:
The CONSULTANT agrees to perform in accordance with all reasonable requirements of the CITY
expressed in this contract. CITY agrees to cooperate in helping to implement any time frame
established. In the event of delay for reasons beyond its control and not its fault, CONSULTANT may
request necessary adjustments to said time frame. The CITY's representitve may approve any
adjustments and said approval will not be unreasonably withheld.
Article 8: Comuensation:
The City agrees to pay CONSULTANT for the services hereunder according to the CONSULTANT's
Schedule of Fees attached hereto as Exhibit B. It is expressly agreed that the CITY shall receive all
statements of bills for services provided under this CONTRACT, and shall guarantee all payments of
the same to the CONSULTANT, provided that, in no case shall the total payments for the services
required for any project exceed the established budget for consultant services for that project without
express written approval of the CITY. Notwithstanding any other portion of this Article or CONTRACT,
Contract Renewal Agreement Page 2 of 16 Engineering Services
the total cost of services shall not exceed $800,000 for the first year and $500,000 each for the
remaining two years. Said fees shall be proposed by CONSULTANT via a Task Order. No work shall
commence prior to the CITY executing the Task Order. The Water Quality Superintendent, City
Engineer, City Manager or Finance Director are authorized to execute said Task Orders.
It is expressly contemplated by the parties that a portion of the CONSULTANT's services to be performed
under this contract may be performed by an approved subconsultant. All subconsultants must be
approved by the CITY for each project undertaken by the CONSULTANT.
Article 9: Payment Terms:
The CONSULTANT shall submit invoices for payment at monthly intervals with Net Thirty (30) terms.
The CITY will issue payments in accordance with its normal payment schedule within thirty (30) days
of receipt of CONSULTANT's invoice.
Article 10: Contract Term:
This CONTRACT shall be effective upon signing and continue through June 30, 2020. This CONTRACT
may be terminated without penalty upon a thirty (30) day notice by either party.
Article 11: Ownership of Documents:
All reports, memoranda, plans, specifications, documents or other material to be developed by
CONSULTANT under this CONTRACT shall become the property of the CITY upon full payment owed
CONSULTANT for said material and be promptly delivered to the CITY upon request. The CONSULTANT
shall be permitted to retain copies, including reproducible copies, of plans and specifications for
CONSULTANT's information and reference.
Notwithstanding CITY ownership, the CITY shall not use any reports, memoranda, plans, specifications,
documents or other material developed by the CONSULTANT as design documents on any other project
other than the project for which developed by the CONSULTANT except by agreement with the
CONSULTANT in writing. All data, internal reports, memoranda, notes, calculation estimates and any
other internal documents used to prepare the documents and memoranda submitted to the CITY shall
be deemed the CONSULTANT'S "work papers", and as such the "work papers" will remain property of
the CONSULTANT generating that material.
CONSULTANT shall be responsible for the protection and/or replacement of any work or material in its
possession, including materials provided to CONSULTANT by the CITY. The CONSULTANT understands
and agrees that all documents and materials provided to the CITY hereunder are or may become public
documents and as such will be available generally to the public. Use of any such documents by the CITY
or the general public shall not be subject to a claim for infringement of any copyrights claimed by the
CONSULTANT in such documents.
Neither CONSULTANT nor the CITY has no responsibility for any use which may be made of such
documents by any third party. CITY may use said documents for any lawful purpose; CONSULTANT
shall bear no resposibility for any use of such documents by CITY not intended under contract.
Contract Renewal Agreement Page 3 of 16 Engineering Services
CONSULTANT and subconsultants disclaim any liability to any parry other than the CITY for any reliance
on the documents and further disclaim any liability to the CITY if the reports and documents are relied
upon or used for any purpose for which they are not intended.
Article 12: Hazardous Substances:
The CITY warrants the CITY will inform the CONSULTANT of any hazardous substances which may be
present if the CITY has knowledge or has any reason to assume or suspect the hazardous substances
are present on any property. For this reason, "knowledge" shall mean actual knowledge by current CITY
employees, and "reason to assume or suspect" shall mean such reasons based upon current employees'
personal knowledge only.
If, during the course of an investigation, hazardous substances are encountered, the CONSULTANT
retains the right to suspend work immediately unless the CONSULTANT and the CITY agree upon the
amendments to this CONTRACT which includes provisions for revision of the scope of services,
adjustments of budget estimates, and revised terms and conditions. If an amended agreement is not
made between the CITY and the CONSULTANT within seven (7) days of the CONSULTANT' notice of
suspension of work, further work under this contract will be terminated. The CITY shall pay all fees and
charges incurred under the provisions of the CONTRACT through the date of termination.
Article 13: Indemnification:
The CONSULTANT shall indemnify, defend and hold harmless the CITY from and against all claims and
actions, and all expenses incidental to such claims or actions, based upon or arising out of damage to
property or injuries to persons caused or contributed to by the negligence or other tortious acts of the
CONSULTANT or anyone acting under its discretion or control or on its behalf in the course of its
performance under this CONTRACT, provided the CONSULTANTS aforesaid indemnity and hold
harmless agreement shall not be applicable to the extent any liability based upon the negligence of the
CITY.
In the event of a claim, suit, action, or judgement arising out of the joint, common, or concurrent
negligence of the CITY and the CONSULTANT, or of their respective agents, servants, or employees,
the CITY and the CONSULTANT shall each bear their respective proportionate share of the costs of
investigating, defending, and satisfying such claim, action or judgement. Proportionate share for this
purpose shall mean the proportionate share of liability as determined by a court of competent jurisdiction
in the trial of such claim, suit, or action.
The CONSULTANT hereby expressly agrees that it will defend, indemnify and hold the CITY harmless
from any and all claims made or asserted by CONSULTANTS agents, servants or employees arising out
of CONSULTANTs activities under this CONTRACT. For this purpose, CONSULTANT hereby expressly
waives any and all immunity it may have under Maine's Workers Compensation Act in regard to such
claims made or asserted by CONSULTANTS agents, servants or employees. The indemnification
provided under this paragraph shall extend to and include any and all costs incurred by the CITY to
answer, investigate, defend and settle all such claims, including but not limited to the CIIY'S costs for
attorney's fees, expert and other witness fees, the cost of investigators, and payment in full of any and
Contract Renewal Agreement Page 4 of 16 Engineering Services
all judgments rendered in favor of CONSULTANT'S agents, servants or employees against the CITY in
regard to claims made or asserted by such agents, servants or employees.
Article 14: Insurance:
CONSULTANT will procure and maintain General Liability Insurance coverage and Automobile Insurance
coverage in amounts not less than Four Hundred Thousand Dollars ($400,000) combined single limit
for bodily injury, death, and property damage, and also Worker's Compensation Insurance coverage in
the statutory amount. The CITY of Bangor shall also be named as an additional insured, to the extent
its interest may appear, on all such policies of insurance. CONSULTANT shall procure and maintain
Professional Liability Insurance Coverage in an amount not less than Two Hundred Fifty Thousand
Dollars ($250,000) for all services provided herein. CONSULTANT shall furnish and thereafter maintain
certificates evidencing such coverage, which certificates shall guarantee thirty (30) days' notice to the
CITY of termination of insurance from insurance company or agent.
Article 15: Subconsultants:
None of the services covered by this CONTRACT shall be subcontracted without the prior written consent
of the CITY. If specialists or subconsultants are required to complete the services hereunder,
CONSULTANT shall propose such utilization for review and approval of the CITY. Mark up for
subconsultant's services shall not exceed ten percent (10%) of the actual expense incurred. All requests
for expense reimburements shall be documented. CONSULTANT is and shall remain fully responsible
for performance of all services hereunder.
Article 16: Termination:
a. For Cause:
If CONSULTANT or CITY fails to fulfill its obligations under this CONTRACT in a timely and
proper manner, or violates any of the covenants of this CONTRACT, CITY or CONSULTANT
shall thereupon have the right to terminate this CONTRACT by giving written notice to the
other party of termination, and specifying the effective date thereof. In such event, all
documents, studies and reports prepared by or for CONSULTANT under this CONTRACT shall
become the CITY'S property and CONSULTANT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents.
Notwithstanding the foregoing, CONSULTANT shall not be relieved of liability to the CITY for
any damages sustained by CITY by virtue of any breach of this CONTRACT by the
CONSULTANT, and the CITY may withhold any payments to the CONSULTANT for the purpose
of set-off until such time as the exact amount of damages due the CITY from the CONSULTANT
is determined.
b. For Convenience:
The CITY may terminate this CONTRACT upon seven (7) days written notice to the
CONSULTANT. Upon termination, the CONSULTANT shall be compensated for all services
performed to the date of receipt of notice of termination, plus all reimbursable expenses then
Contract Renewal Agreement Page 5 of 16 Engineering Services
due. Compensation for services performed prior to termination shall be at the hourly rates
specified in CONSULTANT'S Fee Schedule.
Upon termination the CONSULTANT shall deliver to the CITY one (1) copy of all otherwise
deliverable studies, sketches, calculations, drawings, estimates, reports, records, schedules,
and other such information and data accumulated in the performance of services under this
CONTRACT, whether completed or not, provided, however that:
a. In the event of termination for convenience, the CITY shall hold harmless, indemnify and
defend the CONSULTANT against all losses, claims, and damages arising out of any use
of such information and data for extensions to the project for which such information and
data was prepared performed after termination or for any other project performed after
termination; and
b. Payment in full shall be made to the CONSULTANT for all services rendered, and
reimbursable expenses incurred as of the time of delivery of such information and data.
Article 17: No Assignment:
CONSULTANT shall not assign, sublet, sell, transfer or otherwise dispose of its interest in this CONTRACT
without the prior written approval of the CITY which shall not be unreasonably withheld. This
CONTRACT shall be binding upon and inure to the benefit of the parties hereto, their successors and
permitted assigns.
Article 18: Separate Contracts:
The CITY may let other Agreements in connection with the work. CONSULTANT shall cooperate,
schedule and coordinate performance of the work with the work of any separate consultants or
contractors so as not to delay or interfere with their work, or with timely completion of the project.
Article 19: Nonwaiver:
Except as expressly provided in this CONTRACT, the failure or waiver, or successive failures or waivers
on the part of either party hereto, in the enforcement of any condition, covenant, or section shall not
render the same invalid, nor impair the right of either party hereto, their successors or permitted assigns,
to enforce the same in the event of any subsequent breach thereof.
Article 20: Notices:
All notices required or permitted under this CONTRACT shall be in writing and shall be deemed
sufficiently served if sent by First Class Mail addressed as follows, or such other address as they may
designate in writing from time to time:
To CITY:
Deborah A. Cyr, Finance Director
City of Bangor
73 Harlow Street
To CONSULTANT:
Bob Scherpf
AECOM Technical Services, Inc.
250 Apollo Drive
Contract Renewal Agreement Page 6 of 16 Engineering Services
Bangor, Maine 04401 Chelmsford, MA 01824
Notice given in any other manner shall be deemed effective only when the written service is actually
received.
Article 21: Disputes:
In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the CITY and CONSULTANT agree that all disputes arising out of or
relating to this CONTRACT shall be submitted to non -binding mediation unless the parties mutually
agree otherwise. Any disputes arising out of or in the course of this CONTRACT which are not settled
by mediation may be settled by mediation may be resolved by litigation which shall be brought in Maine
Superior Court for Penobscot County.
Article 22: Compliance with Law:
The CONSULTANT, in its performance hereunder, shall comply with all applicable federal, state and
local statutes, ordinances and regulations in effect at the time of the services provided by the
CONSULTANT. CONSULTANT agrees to amend this CONTRACT, if necessary, to comply with such law
or regulations.
Article 23: Extent of Agreement:
This CONTRACT, with its Exhibits, represents the entire and integrated agreement between the CITY
and CONSULTANT and supersedes and replaces all terms and conditions of any prior contracts,
arrangements, negotiations, or representatives, written or oral with respect to this CONTRACT. This
CONTRACT may only be modified by written agreement of the parties.
Article 25: Changes:
a. The CITY may, at any time, request that the CONSULTANT make changes within the scope of an
established project that may increase the budget for the CONSULTANT's fees. CONSULTANT
shall perform the change or extra work only after receipt of a change order to the purchase
order for the CONSULTANT's services in connection with the project. Such additional services
shall be agreed upon in accordance with the rates set forth in the CONSULTANT's Fee Schedule
attached hereto as Exhibit B.
b. The CITY will not be liable for any costs incurred by CONSULTANT from performance of a change
and extra work prior to issuance of a chage order to the purchase order unless expressly
authorized in writing.
Article 26• Expenses:
The CONSULTANT will be reimbursed
communications, printing, photography,
performance of service. Such expenses
services. Reimbursable expenses shall
reimbursements shall be documented.
for actual out-of-pocket expenses incurred in travel,
and photographic reproductions in conjunction with the
shall be included in each projects budget for engineering
be the actual expense incurred. All requests for expense
Contract Renewal Agreement Page 7 of 16 Engineering Services
Article 27: Cost Records and Accounting for Additional Services:
The CONSULTANT shall keep accounts, books, and other records of all its billable charges incurred in
performing services to the CITY and shall itemize and submit its billing to the CITY in such a manner as
the CITY may reasonable direct.
If no such direction is given, CONSULTANT shall maintain books and accounts of chargable 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 (3) years from final payment under this CONTRACT,
CONSULTANT shall preserve all such books and records, and shall upon three (3) days' written notice
make such records available to the CITY for purposes of verifying the costs chargeable under this
CONTRACT.
Article 28: Additional Terms and Conditions:
The following additional terms and conditions are required for services funded with any State, Federal
or Grant funding and apply to this CONTRACT:
a. Anti -Kickback Rules:
Salaries of persons performing work under this CONTRACT shall be paid unconditionally and not
less often than once a month without deduction or rebate on any account except only such payroll
deductions as are mandated by law or permitted by the applicable regulations issued by the
Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat.
740: 63 Stat.108: Title U.S.C., Section 874; and Title 40 U.S.C., Section 276C). The CONSULTANT
shall comply with all applicable "Anti- Kickback" regulations and shall insert appropriate provisions
in all subcontracts covering work under this CONTRACT to insure compliance by subconsultants
with such regulations, and shall be responsible for the submission of affidavits required of
subconsultants there under except as the Secretary of Labor may specifically provide for variations
of or exemptions from the requirements thereof.
b. Withholding of Salaries:
If, in the performance of this CONTRACT, there is any underpayment of salaries by the
CONSULTANT or by any subconsultants thereunder, the CITY shall withhold from the
CONSULTANT out of payments due to them, an amount sufficient to pay to employees underpaid
the difference between the salaries required hereby to be paid and the salaries actually paid such
employees for the total number of hours worked. The amounts withheld shall be disbursed by
the CITY for and on account of the CONSULTANT or subconsultants to the respective employees
to whom they are due.
c. Claims and Disputes Pertaining to Salary Rates:
Claims and disputes pertaining to salary rates or to classification of architects, draftsmen, technical
engineers, and technicians performing work under this CONTRACT shall be promptly reported in
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writing by the CONSULTANT to the CITY for the latter's decision which shall be final with respect
thereto.
d. Equal Employment Opportunity:
During the performance of this CONTRACT, the CONSULTANT agrees as follows:
1) The CONSULTANT will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. The
CONSULTANT will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The CONSULTANT agrees to
post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination
clause.
2) The CONSULTANT will, in all solicitations or advertisements for employees
placed by or on behalf of the CONSULTANT, state that all qualified applicants
will receive consideration for employment without regard to race, color,
religion, sex, or national origin.
3) The CONSULTANT will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this CONTRACT so that such provisions
will be binding upon each subconsultant.
e. Discrimination Because of Certain Labor Matters:
No person employed on the work covered by this CONTRACT shall be discharged or in any way
discriminated against because he/she has filed any complaint or instituted or caused to be
instituted any proceedings or has testified or is about to testify in any proceedings under or
relating to the labor standards applicable hereunder to his/her employer.
f. Interest of Member of the City:
No member of the governing body of the CITY, and no other public official, officer, employee,
or agent of the CITY who exercises any functions or responsibilities in connection with the
carrying out of the engineering services, to which this CONTRACT pertains, shall have any
personal interest, direct or indirect, in this CONTRACT.
g. Interest of Certain Federal Officials:
No member or Delegate to the Congress of the United States, and no Resident Commissioner,
shall be admitted to any share or part of this CONTRACT or to any benefit to arise herefrom.
Contract Renewal Agreement Page 9 of 16 Engineering Services
h. Interest of Consultant:
The CONSULTANT covenants that they presently have no interest and shall not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the
performance of their services hereunder. The CONSULTANT further covenants that in
the performance of this CONTRACT no person having any such interest shall be
employed.
L Access to Records:
The CITY, the Federal granter agency, the Comptroller General of the United States, or
any of their duly authorized representatives shall have access to any books, documents,
papers, and records of the CONSULTANT which are directly pertinent to this CONTRACT
for the purpose of making audit examination, excerpts, and transcriptions. The
CONSULTANT shall preserve all such records for a period of three (3) years from the
date of final payment for services.
j. Section 3 Compliance in the Provision of Training Employment and Business
Opportunities:
1) The work to be performed under this CONTRACT on a project assisted under
a program providing direct Federal financial assistance from the Department
of Housing and Urban Development, is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u.
Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given lower income residents of the City of
Bangor and contracts for work in connection with the project be awarded to
business concerns which are located in, or owned in substantial part by
persons residing in the CITY of Bangor.
2) The parties to this CONTRACT will comply with the provisions of said Section
3 and the regulations issued pursuant thereto by the Secretary of Housing
and Urban Development set forth in 24 CFR Part 135, and all applicable rules
and orders of the Department issued there under prior to the execution of
this CONTRACT.
The parties to this CONTRACT certify and agree that they are under no
contractual or other disability which would prevent them from complying with
these requirements.
3) The CONSULTANT will include this Section 3 clause in every subcontract for
work in connection with the project and will, at the direction of the applicant
for or recipient of Federal financial assistance, take appropriate action
Contract Renewal Agreement Page 10 of 16 Engineering Services
pursuant to the subcontract upon a finding that the subconsultants is in
violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR Part 135.
The CONSULTANT will not subcontract with any subconsultants where it has
notice or knowledge that the latter has been found in violation of regulations
under 24 CFR Part 135 and will not let any subcontract unless the
subconsultants has first provided it with a preliminary statement of ability to
comply with the requirements of these regulations.
k. Section 503 Handicapped: Affirmative Action for Handicapped Workers:
1) The CONSULTANT will not discriminate against any employee or applicant for
employment because of physical or mental handicap in regard to any position
for which the employee or applicant for employment is qualified. The
CONSULTANT agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all
employment practices such as the following: employment, upgrading,
demotion or transfer, recruitment, advertising, layoff or termination, rates of
pay or other forms of compensation, and selection for training, including
apprenticeship.
2) The CONSULTANT agrees to comply with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Act.
3) In the event of the CONSULTANTS noncompliance with the requirements of
this clause, actions for non-compliance may be taken in accordance with the
rules, regulations, and relevant orders of the Secretary of Labor issued
pursuant to the Act.
I. Prohibition on Use of Federal Funds for Lobbying Congress or any Federal Agency
Section 135.2 of Public Law 101-121, signed into law on October 23, 1989, prohibits
current and prospective recipients and their subtier contractors or subgrantees from
using Federal funds, other than profits from a Federal contract, for lobbying Congress or
any Federal agency in connection with the award of a particular contract, grant,
cooperative agreement, or loan.
1) Certify that they have neither used nor will use any appropriate Federal funds
for payment to lobbyists;
2) Disclose the name, address, payment details, and purpose of any agreements
with lobbyists whom recipients or their subtier contractors or sub -grantees
will pay with profits or un-appropriated funds on or after December 23, 1989;
3) File quarterly up -dates about the use of lobbyists if material changes occur in
their use. The law establishes civil penalties for noncompliance;
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4) Complete the lobbying disclosure form if the disclosure requirements apply.
m. General:
The CONSULTANT shall comply with all the requirements binding upon the CITY as part
of any funding agreement and found in the Federal Regulations, 24 CFR Part 570. The
CONSULTANT shall maintain all records identified therein, and make them available to
the CITY and the Secretary of HUD.
Article 29: Entire Agreement:
This CONTRACT contains all the terms, conditions and provisions pertaining to the work, there being
no other understandings, agreements, or warranties, either express or implied, relative to the
CONTRACT that are not fully expressed herein.
IN WITNESS WHEREOF, the parses hereto have caused this agreement to be executed on the day and
year first above written.
Witness: City of Bangor (City):
4Dorah Director
Witness: AECOM (Consultant):
m
Robert Scherpf, Vice Presi n , AECOM
�AWIAli .
Exhibit A
Ld"�VO.Lne
wwwbangormane,gov
Purchasing Department
Procedures for Procurement of
Engineering Services from
Engineering Firms under Contract with the City
1. When a City department has an approved project that requires engineering services, the
department, and the Finance Director decide which firm would be most appropriate for the
project.
2. The department meets with the engineering firm and thoroughly reviews all requirements of
the project.
3. The engineering firm then provides the department requesting the work as well as the
Finance Director with a written estimate of the total project cost. The written estimate of
engineering costs must be broken down by project segment as follows:
➢ Design Phase: Initial review of project, concept, design development, permitting
requirements;
➢ Bid Phase: Preparation of construction documents, pre -bid conferences, contractor
clarifications, preparation of addendums, review of responses, approval, award;
➢ Pre -Construction Phase: Submittal review, project layout, pre -construction meetings;
and
➢ Construction Phase: Inspection, project administration, construction.
In addition, the estimate must specifically address the following:
➢ Does the engineering firm expect to encounter hazardous waste on the project?
➢ Does this project require Planning Board approval?
➢ Does this project require specialized City/State/Federal permit review (i.e. SLODA,
Stormwater, NRPA, etc.)?
➢ Will the engineering firm provide inspection services?
➢ At the completion of the project, "as built" drawings will be provided to the City.
Contract Renewal Agreement Page 13 of 16 Engineering Services
4. The department forwards the estimate, along with their requisition, to the
Purchasing Department.
Exhibit A
5. Before any solicitations are issued, the project must be approved to go out to bid by the
Finance Committee. The department shall issue a statement to the Purchasing Department
which explains the project, why the project is needed and where the funding will come
from. The Finance Committee meets the first and third Monday of each month.
6. After the project is approved for bidding by the Finance Committee, the Purchasing
Department then processes a Purchase Order and forwards copies to the engineering firm and
department.
Billing Process for Engineering Services:
1. All projects should be billed monthly at the end of each month.
2. All invoices should be accompanied by a brief cost report on the status of the job. The
report should show the project name and any assigned number, its budget, amounts
previously billed, current billing amount and total amount billed to date.
3. This report should be sent to each department that has an open project and to the
Purchasing Department.
City Requirements and Bidding Information for Engineer:
1. All projects that have a budget over $50,000.00 must have a Performance and Payment
Bond. All roofing projects and underground fuel tank removal projects must have
Performance and Payment Bonds, regardless of project cost.
2. After the Engineer completes the plans and specifications, the department and the
Purchasing Department should thoroughly review and approve the documents before the
bidding package is finalized and notices are sent to the Contractors.
3. The Engineer sends one (1) bidding package to the following:
a. Purchasing Department
b. Department involved with the project
Re �i��lli:3:l3:1
d. Dunlap Agency
e. Construction Summary of Maine
Contract Renewal Agreement Page 14 of 16 Engineering Services
4. Bidding documents must be available to the Contractors for a minimum of two (2) weeks
prior to the bid opening date.
Exhibit A
5. The Purchasing Department handles all newspaper advertising for bids.
6. Unless other arrangements are made with the Purchasing Department, all bids are opened
on Wednesdays at 2:00 PM. The Purchasing Department does not open bids on the
Wednesday before a Finance Committee meeting.
7. Bid awards are approved by the Finance Committee which meets on the first and third
Monday of the month. If the bid award is over $50,000, the City Council must also approve
the award by Council Order. The City Council meets on the second and fourth Monday of
the month.
8. Bids results are posted on the City's website at Ilro p_a.//.......................w1a„i;;„g ,om,o;T;;, .p; ..:. a liidtab
Contract Formation and Administration:
1. The Purchasing Department notifies the engineering firm of the bid award approval by the
Finance Committee and/or City Council, and forwards the bid and bid bond of the low
Bidder to the engineering firm.
2. The engineering firm notifies firm notifies the successful Bidder of the award and requests
Certificate(s) of insurance and Performance and Payment Bonds (if required).
3. After receipt of the Insurance Certificates(s) and any required bonds, the engineering firm
prepares and sends the contract to the Contractor for signature.
4. The signed contract is then sent to the Purchasing Department for signature by the Finance
Director or City Manager.
5. Once the contract has been signed by all parties, the engineering firm assembles five (5)
contract sets and distributes as follows;
a. City Clerk
b. Purchasing Department
c. Project Department
d. Contractor
e. Engineer
1 Original Contract Set
1 Contract Copy Set
1 Contract Copy Set
1 Contract Copy Set
1 Contract Copy Set
6. The engineering firm schedules a pre -construction meeting with the Contractor and
department to review the appropriate communications process, the payment procedures
and all requirements of the job.
Contract Renewal Agreement Page 15 of 16 Engineering Services
Exhibit A
Change Order Process:
All Change Orders must be approved by the City Manager.
The engineering firm prepares the Change Order and sends it to the Contractor for signature.
Once signed by the Contractor, the proposed Change Orders shall be sent to Purchasing
department with a memo from the department indicating the reason for the Change Order and
that sufficient funds are available for the change as well as documentation from the Contractor
evidencing price and reason for extra work.
Change Orders in excess of $50,000.00 must be approved by the City Council by Council Order.
Contractor Payment Process:
The engineering firm reviews, approves and signs the Requisition and sends it to the
department for approval. The engineering firm sends a copy of the Requisition to the
Purchasing Department stamped with "For Information Only".
At the completion of the project, before final payment is made, the Contractor must provide a
Waiver of Lien for the full amount of the contract. This is forwarded to the Purchasing
Department through the engineering firm.
NOTE: NO ENGINEERING WORK IS TO BE DONE WITHOUT A PURHCASE
ORDER ISSUED BY THE PURCHASING DEPARTMENT.
Contract Renewal Agreement Page 16 of 16 Engineering Services
EXHIBIT B
Schedule of Fees
AECOM Billing Rates for Calendar Year 2017
Sr. Project Director/Sr. Technical Leader
$255.68
Technical Leader / Sr. Project Manager / Project Director
$239.76
Sr. Technical Specialist
$229.79
Technical Specialist / Sr. Estimator
$201.57
Technical Manager / Project Manager
$179.29
Sr. Project Engineer
$163.38
Sr. Scientist / Sr. Biologist / Sr. GIS Specialist
$152.77
Project Engineer
$141.10
Estimator
$125.19
Sr. Engineer / Project Scientist / Project Biologist
$106.09
Engineer /GIS Specialist / Scientist / Biologist
$95.48
Sr. Construction Manager $245.07
Construction Manager / Sr. Resident Engineer $179.29
11
Generally, rates are adjusted annually and new rates are effective in January.
IN CITY COUNCIL
APRIL 26,2021
CO 21-164
Motion made and seconded for Passage of Consent Agenda
Vote: 9—0
Councilors Voting Yes: Davitt,Dubay,Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble
Councilors Voting No: None
Passed
CI Y CLERK