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Home My WebLink About1977-03-14 154 AE ORDER159 AE Introduced by Councilor MCKer,aa, M ch lar 1977 CITY OF BANGOR (Tau PHrber, _AcceptingProposal from _Metcalf & Eddy, Inc. Sewerage Facilities Planning ------- _.. ..._..____ _. _.. .............. _.. _. _. By Bu City Coano0 of Hee City OfBanyor: ORDERED, THAT WHEREAS, Metcalf & Eddy, Inc. have previously been engaged by the City of Bangor to undertake a Sewerage Facilities Planning Study, as required by the Environmental Protection Agency, and WHEREAS, the evaluation of alternative methods of wastewater treatment, including lesser forms of treatment as recommended by the Penobscot RiverStudyis considered necessary, NOW THEREFORE, be it ORDERED, that the City Manager be and hereby is authorized to accept the attached proposal"from Metcalf & Eddy, Inc. for addi- tional services related to an evaluation of the recommendations of the Penobscot River Study,_ and be it further ORDERED, that the a= of Four Thousand Dollars ($4,000.00) be allocated from the Sewer Fund to cover the cost of said services. STATEMENT OF FACT The Facilities Planning Study, a very detailed analysis of our overall sewerage system as required by EPA, has previously been funded in the total amount of $88,200.00, with the City of Bangor's share being 10%, or $8,820.00. The incorporation of the Penobscot River Study data into the report at an additional cast of $41000.00 would be funded by the City. 154 AE IN CIDP COIMCIL March 24, 1974agreemen- " 3rd line read " .se in conda� in d linet- 0 R 0 E R- gy5 treatment as defined by the EPA 'for bHe. City". As amended, passed. Title, _ AcceptSng .....Prop..os..al .Prom Metcalf & Eddy CITY G1E ..................... Sewerage Facilities Planning. Introduced and filed by Cowcilmzn p_ RECEIVED CITY Of 9ANGOA . CITY CLERIC'o OFFICE ''77 W& Ph 3 29 154 AE AGREEMENT r .BETWEEN CITY OF BANGOR, MAINE AND METCALF B EDDY, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this day of 1977, by and between the City of Bangor, Maine, acting herein by and through its City Manager who is duly authorized so to act, hereinafter called the City, and Metcalf A Eddy, Inc., with offices at 50 Staniford Street, Boston, Massachusetts, hereinafter called the Engineer. WITNESSETH, for the considerations hereinafter set forth> the parties hereto agree as follows: ARTICLE 1 - ENGAGEMENT OF THE ENGINEER The City hereby engages the Engineer and the Engineer hereby accepts the engagement to perform certain engineering services in connection with developing a 201 Facilities Plan hereinafter called the Project. ARTICLE 2 - SERVICES OF THE ENGINEER 2.1 General - 2.1.1 The Engineer will perform professional services in connection with the Project as hereinafter stated. 2.1.2 The Engineer will serve as the City's professional engineering representative in those phases of the Project to which this Agreement applies and will - give performance of his services. 2.1.3 The Engineer will evaluate the Penobscot River Study Wastewater Treatment Alternative, which indicates that secondary treatment/for the City of Bangor is unnecessary for presentation in the 201 Facilities Plan Report, as orally agreed to by the Federal EPA and State DEP with the stipulation that Federal and State funds cannot be used for this alternative and provided that this is not the recommended alternative. 2.2 Penobscot River Study Wastewater Treatment Alternative _ 2.2.1 Consult with the University of Maine at Orono - concerning the Penobscot River Study, to obtain 3.1 3.2 3.3 additional information and to select portions of the Study for use in the 201 Facilities Plan. 2.2.2 Develop basic design data, construction costs and annual operation and maintenance costa for this alternative. - 2.2.3 Review the Penobscot River Study and incorporate the significant environmental impacts for this alternative, as presented in the Study. 2.2.4 Prepare and submit this alternative as part of the Facilities Plan Report and the Environmental Assessment Report.. ARTICLE 3 - RESPONSIBILITIES OF THE CITY The City, without cost to the Engineer, will: Placy at the disposal of the Engineer all available Information pertinent to the Project upon which the Englnccr can rely, including previous reports and any other data relative to the Project. Provide access to and make all provisions for the Engineer y to cntor upon public and privatelands as required for the Engineer to perform his work under this Agreement. Dcsl P,nate in writing a person to act as. the CityTS representative with respect to the work to be pe forced under this Agreement, such person to have complete - authority to transmit instructions, receive info ztion, interpret and define the City's policies and decisions with respect to the work covered by this Agreement. Prov LL. for the use of selected portions of the Penobocot River Study in the Facilities Plan Report - .. and .the Environmental Assessment Report. . ARTICLE 4 - PERIOD OF SERVICE Upon the return of this Agreement to the Engineer, signed by the parties hereto, the Engineer will b=gin his services promptly and will prosecute them diligently so as to complete the services as rapidly as the needs my require andtheconditions may permit. _ The Engineer shall not be responsible for any delays in the pArformance of his services hereunder caused by strikes, action of the elements, acts of any government, civil disturbances, delays of the City in supplying Information and in reviewing material submitted by the .Engineer or any .other cause beyond his reasonable control, -2- 3.1 3.2 3.3 additional information and to select portions of the Study for use in the 201 Facilities Plan. 2.2.2 Develop basic design data, construction costs and annual operation and maintenance costa for this alternative. - 2.2.3 Review the Penobscot River Study and incorporate the significant environmental impacts for this alternative, as presented in the Study. 2.2.4 Prepare and submit this alternative as part of the Facilities Plan Report and the Environmental Assessment Report.. ARTICLE 3 - RESPONSIBILITIES OF THE CITY The City, without cost to the Engineer, will: Placy at the disposal of the Engineer all available Information pertinent to the Project upon which the Englnccr can rely, including previous reports and any other data relative to the Project. Provide access to and make all provisions for the Engineer y to cntor upon public and privatelands as required for the Engineer to perform his work under this Agreement. Dcsl P,nate in writing a person to act as. the CityTS representative with respect to the work to be pe forced under this Agreement, such person to have complete - authority to transmit instructions, receive info ztion, interpret and define the City's policies and decisions with respect to the work covered by this Agreement. Prov LL. for the use of selected portions of the Penobocot River Study in the Facilities Plan Report - .. and .the Environmental Assessment Report. . ARTICLE 4 - PERIOD OF SERVICE Upon the return of this Agreement to the Engineer, signed by the parties hereto, the Engineer will b=gin his services promptly and will prosecute them diligently so as to complete the services as rapidly as the needs my require andtheconditions may permit. _ The Engineer shall not be responsible for any delays in the pArformance of his services hereunder caused by strikes, action of the elements, acts of any government, civil disturbances, delays of the City in supplying Information and in reviewing material submitted by the .Engineer or any .other cause beyond his reasonable control, or for the expenses. or consequences arising from such Milays. ARTICLE 5 - PAYMENTS TO THE ENGINEER 1 For the services performed under Article 2..2y the City will pay the Engineer, monthly as charges accrue, on a cost plus fixed fee basis. Charges will include costs Incurred fl ring the billingperiod plus a portion of the fixed fee based on the - e of the percentage of his work Completed. t p g e' The cost portion of the eplus fixed fee will not be The cost p rtion nt being formally amended, and the eecowithout the Agreement fee incl not be ceased except for an Agreement flmrd fee a ndment increasing the scope of work. The .Cost plus fixed f,,' fc o. and the fixed fee is listed below. 5.1.1 For the services under Article 2.2, Cost plus fixed fee: $4,000 Fixed Fee: $ 600 C. int will include direct labor, indirect coats, and direct ..5-2 mints. ,.2.1 Direct. Labor is salaries and wages paid to personnel for time chargeable to the Project. 5.2.2 Indirect costs are allocations of (overhead) costs which are not directly chargeable to specific engagement. -' 5.41.3 Direct costs include such typical expenses as cost Of: transportation and subsistence; long—distance telephone` and telegraph; printing and reproduction; computer.time and programming costs; identifiable supplies; outside- Consultants' charges; subcontracts for services such as surveys, subsurface investigations,, and testing by commercial laboratories; and charges by reviewing _ authorities. ARTICLE 6 - GENERAL PROVISIONS 6.1 Lltl.ation and Additional Work In the event the Engineer is to prepare for or appear in any _ 111.1gation in behalf Of the Client or is to make investigations or reports on matters not covered by this Agreement, or is to porform other services not included herein, additional Compensation shall be paid the Engineer as is mutually agreed TN WITNGOS WIIEREOF, the parties hereto have executed this - Agreement the day and year first above written. CITY OF BANGOR, MAINE " Y, By. Title: METCALF & EDDY, INC. By: v Charles A. Kna p Title: -Vice President Y Y