Loading...
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 Contract Renewal Agreement Page 8 of 16 Engineering Services 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; Contract Renewal Agreement Page 11 of 16 Engineering Services 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