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HomeMy WebLinkAbout2003-03-12 03-111 ORDERCOUNCIL ACTION- listings. CTIONItemBe, 01-113 Date: Item/subjeat: Authorizing the City Manager andlor Airport Director to execute a contract mement en Bangor In m n i Airwrt ane Sheridan Cr r n for the mnstrucbon of a new hangar Wil'ty. Responsible apartment: Airport On August 27, 2001 the Council passed Order 01-338 appropriating $500,000 from Airport Reserves for the construction of a new hangar facility. By contracting directly with The Sheridan Corporation, the City will have greater control over the final product and it will save approximately $20,000 in direct costs. This item has been reviewed by the Business and Economic Development Committee which recomends approval. Rebecca Huon Department Head Manager's Comments U City Manager. Associated Informatlon: Budget Approval: 74 ity Solicitor Introduced for passage First Reading ReWxN 03-111 V AssiPsed to CwncilOr Palcee M+reh 12. 2003 CITY OF BANGOR (TITLE.) Order, At THE CIT/ MANAGER AND/OR AIRPORT DIRECTOR TO E)(ECIfTE A CONTRACT BErVVEEN THE BANGOR INTERNATIONAL AIRPORT AND THE SHERIDAN CORPORATION FOR THE CONSTRUCTION OF A HANGAR FACILFTY FOR TELFORD AVIATION By toe CkyCburoofft awofa qor WHEREAS, Telford Aviation desires to construct and lease additional hangar space at the Bangor International Airport for their aircraft parts distribution and aircraft maintenance business; and WHEREAS, on August 27, 2001, the Bangor City Council appropriated $500,000 from Airport Reserves for this project; and WHEREAS, Telford Aviation has selected The Shendan Corporation to undertake the construction of this facility; and WHEREAS, the City on realize a savings in both time and money by contracting directly with the Sheridan Corporation for this project NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The City Manager Is hereby authorized to execute a contract between Bangor International Airport and The Sheridan Corporation for construction of a hangar facility for Telford Aviation, said contract to be in a form acceptable to the City Solicitor. 4 0 Ill 0406A (TITLE,) Aathorirlog the city Hanager and/or airport nirettor m lseta txaxt MMurn the Bangor iaternatiooal Airport add SibrXiEdarr ear,cration for fire of a Hangar Paeili J for Telford Aviatiw Assigned to Councilor 94 v J This AGREEMENT made [his -.2_a- day of Much, 2003 between the City of Bangor haerrafter refened to as the "Owner" and The Sheridan Corporation, haeimfter refined to as the "Conaacmr". The Patties noted above ogee as follows: ARTICLE I. STATEMENT OF WORK In wnsideation of the promises herein conramesi the Contractor agrees in perform the work as set font on Exhibit A attached hereto. ARTICLE 2. EXAMIINATION OF SCIS The Contactor ages that the contract price specified bo em u based on the Contructm's examination of the site and that he will make an claim for additional compensation if the conditions encountered differ from those anticipated by such examination. AICOCLE 3. GROUND rr[R The Contractor shall level, reseed, and place in condition my grounds which we damaged by said Contactor or payment due the Contacts will be withheld. ARTICLE 6. PERMITS, LICENSES AND COWL CE WITH LAW nconvection win the work tobepees to comply o the vrith allI at hisexpense, shallprocure allmcessary permitsand licensesandogees [ocomplywitha laws,orofOm bcodesand regulations applicable to neperfonnance of work hereunder in effect as of October 10, 2002.. ARTICLE S. DEF24MONS (a) The term "Owner" shell mean the City of Bangor. (b) TheUnit "Contmctor'shall mean the period or fum entering into lids contract to perform work or services for the Owner. (c) The tam "days" shall mean calendar days. (d) The term "work" shall include all obligations, duties, requirwents, and respovsibilitles, required for the successful completion of the wntact by the Contractor including furnishing of all supervision, labor, materials, equipment and other supplies, in accordance win the terms and conditions set forth herein. ARTICLE 6. TIME OF COMPLETION AND UQUIDATED DAMAGES The Contractor spaces to begin work in Ocmber, 2002 and be completed by June 30, 2003. ARTICLE ]. RESPONSIBILITIES OF CONTRACTOR (a) Obtain any necessary licenses and permits. (b) Provide competent superintendence. (c) Take all precautions necessary m protect persons or properly against injury or damsge and be responsible for arty such injury or damage as a result of his fault or negJigm . (d) Performthe work diligently and witbout umecessarily interfering with other contractors work or other activities of the Droner. ARTICLE& CONTRACTAMOUNT For frit and complete performance, Owner agrees re pay Contractor the sum of $500,000.00, payable after completion of the work in accordance with the terms hereof and to the satisfaction of the Owner. ARTICLE 9. LARGE,, MATERIALS, EQUIPMENT, ETC. The Contractor agrees no fmush all labor, material, supero osn, tools, equiprwm and all other items of expense, except as otherwise specified herein, required to complete this contract. ARTICLE 10. TAXES Udess otherwise specifically provided elsewhere, the Contractor sball not pay any sales and use mxes on labor, equipment, materials amd personal property used or purchased for use in cmmecbon with the work ARTICLE 11. WAIVER OF CLAIMS, LIENS, ETC. The Contractor individually and on bebalfofits subcontractom, mehxialmen and workmen hereby waives sat agrees to indemnify and save harmless the Owner from all attachments, claims and liens against the Owner and the Owner's property by reason of labor or materials or both, famished for the work under this Contact. ARTICLE 12. BONDS No bond is requft L ARTICLE 13. INSURANCE '1' he Contractor shall arrange wsvance for the. minimum limits indicated and shau maintain the below listed coverages tbmugbom the period ofperf ce. a. Workers' Compensation _ StaNrory Insurance Employers Liability $100,000. each accident harrource $500,000. disease - policy unit $100,000.6sease- each employee b. Comprehensive General Liability (Public Liability) Insurance including: General Liability $1,000,000. aggregate Products, Completed Op dation $1,000,000. aggregate Personal& Advertising Injury $ 50 OW. Each Occurrence - $ 500,000. Fire Damage $ 50,000.anyonefra Medical Expense $ 5,000. any one person C. Automobile Liability htaumoce (domed, lured & nouowned): Boddylnjury& $1,000,000.combi Property Damage single limit t d. The Contractor shall provide a waiver of any rights of subrogation which Ore Contractor may have against the. Owner, its agents or its employees. e. Bare my of the work is started under the contract, the Contractor shall file with the Purchasing Department a certificate of insurance containing dac following information in respect b all insurance carried: (t) Name ofiwmmce company, policy number and expirafioa date; (2) ne coverages required and the limits on each, including the mount of deductible or self-insured retmvom (wnich shall be for the account ofthe Contractor); - (3) Astatementindicating stat the Owner shall receive thirty(30)days notice of cancellation or sigoificent modification of my of &a policies which may affect the Owner's interest and (4) The Ovner as an additional ivsured(except Workers' Compensation Laumnee). E If airy, of the work performed under the contact includes blasting excavating pile driving or caisson work moving, shoring, underpinning, razing or demolition of any emotions or removal or rebuilding of saw, structural support thereof, or my subsurface or underground work. the Comprehensive General Liability Insurance policy shall include coverage for the explosion, collapse and underground barsrds ARTICLE 14. TITLE AND RISK OF LOSS Title to all completed or partially completed work on the Owner's property and to all materials 0 be incorporated in the work stored at the Owner's property shall be in the Owner. In spite of the foregoing and prior to insignias of the complete work by the Owner, the Contractor sgrea to accept the entire risk of loss to the work being done and materials to be incorporated in the work amred at the Owner's property firm my cause whatsoever until the work has been completed said accepted by the Owner. ARTICLE IS. ADEMNQTCATION The Contractor shall indemnify, defend and hold hmmless the Owner 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 or other tortious acts caused or contributed to by the Contractor or anyone noting under its direction or control or in it behalf is the course of its performance under this Agreement, provided the Comrser's aforesaid indemnity and hold baroness agreement shall act be applicable to my liability based upon the sole negligence of the Owner. Tae Contractor hereby expressly agrees that it will defend, iadem ify and hold due City of Bangor harmless from any and all claims made or asserted by Contractor sgenrs, savants or employees wising out ofContrachr's activities under chis Contract Fortlusoumme Contacts bereby expressly'vesm and all immunity it raw have sWorkers Composed Act no reeved to suchchaims made or assertedb Countersue 1 .The indemnification pmvided under this paragraph shall errand 0 and include my and all vests incurred by the City of Bangor to answer, investigate, defend and sante all such claims, including but not limited to the City of Bangor's costs for attorneys f s, expert and other witness fees, the cost of investigators, and payment is fall of any and all judgements rendered in favor of Connections agents, servants or employees agabu tthe City of Bangor in regard to claims made or asserted by such agents, seavmm or employees. - ARTICLE 16. DEFECTIVE WORK No payment, m whole or mpart; shall be deemed a waiver of my defect mmannish; or workmanship, mdthe Owner reserves the rightto withhold payment pending inspection ofthe work performed by the Connector. In spite ofpaymeat "e Owner the sums due hereunder or failure of the Owner to discover or reject defective material and workmanship, the Contractor shall re -execute say work tb0 fails to conform to the requirements of the Commit and appears during the progress of the work, and shall remedy my defects due to faulty cesemals or workmanship which appear within apanod of one year from the date of completion of the contract. The provisions of this article apply to work done by subcovtractom as well as wort done by direct employees of the Contractor. ARTICI 17. CLEANING The Contractor shall, at its own expense, at all times keep the premise Lee from. accumulation of debris, waste material and rubbish, and at the completion of the work, he shall remove his tools and equipment and all surplus materials, debris, waste material and rubbish and shall leave the Owner scent anent and clean condition. Ifthewe by otter does not attend to such Ossining, the Owou shall have the right to have this wort done by others and deduct[ the cost from the payment due the Co¢tmctor hereunder. ,ARTICLE 18. INDEPENDENT CONTRACTOR The Contractor shall az all times be an Independent Con4actor in performing the work under this Contract including any addition thereon and shall ftmush all supervision and direction required m complete the work. ARTICLE 19. MATERIALS AND WORRMA = Unless excepted or directed by the Owner, all material incorporated in the work shell be w. The work shall be performed in a AdIllul and professional manner. Both materials and workmanship shall be subject to the inspection of the Ownet, who shall re pAre the Contractor correct defective workmanship or materials without cost to the Owner. Failure to inspect, or complete work not in accordance with the specifications, shall not relieve the Contractor Loco commuting all such work at his own expense. ARTICLE 20. PAYtvI TO CONTRACTOR Upon completion and acceptance of ell work by the Owner, the amount due the Contractor underthis Compact shell be paid uponthenceipt ofapropudy unpainted invoice(s). Prorm receiving final payment, the Contractor shall cudfy am fumi:h lien waivers as satisfactory proof that all material and labor costs incurred herein have been tally paid and discharged. ARTICLE 21. WARRANTIES AND GUARANTIES (a) Manufacturers warranties on equipment purcbmad and installed by the Contractor will be assigned by the Contractor to the Owner for its benefit prior to £coal payment. (b) In addition W any specifrc guaranties which may be required by the Technical Specification, the Contractor guarantees all the work to be performed and all the materials to be formatted under the Counter against defects for aperiod of =a (1). year from the later of the date of acceptance, or the data of completion and use by the Oww. The Contractor shall, as promptly as pmcdcable after written ounce, thereof, repairheplace any defects in materials orworkmsnship which occur within said guarantee period, and any damage to other work caused by such defects or damage, a its own expense and without may cost to the Owner whamaxwer. Repaired or replaced work shall carry the same warranties and guaranties as the original work. ARTICLE M. LAWS, ORDINANCES AND WORK RULES The Contractor shall comply with all applicable laws and regulations and shall filly iuciemnify, save harmless still protect the Owner, the Owners successors, assigns, agents, customers, and affiliates, mad agents and employees of all of them against any loss, claim liability damage, cast expense arising form the Connactm's normal or alleged moncomplimce wak such laws and regulations. ARTICLE 23. CHANGES The Owner may order changes in writing in the drawings and specifications; within the geenarm scope ofthe Order. Hthe changes involve m increase a dwwm o the wst of or time required for performing the work the Contractor shall so advise the Owner in writing and an equitableadjustmeminwmorsch Wew benegotiated. Asawnditicnto anyincrease in' the cost of the work, the Connector shall submit in writing adequately documented costs incurred for my authorized change fa review, evaluation wall approval by the Owmr. ARTICLE 24. TERMINATION FOR DEFAIILTDAMAGES FOR DELAY[IH4S EXTENSIONS (a) If the Contractor does not prosecute the work to assure completion or fails be complete i[withotbe time specified. The Owner may by written notice: (1) Terminate the Contractors rightto proceed by written notice and have the work completed by other contractors; in which event, the Contractor shall be liable for say resulting excess cest to the Owner. (2) Authorize the Contractor m continue the work to completion including use of mention; in which evmk the Centocor shall be liable£ any actual damages sustained by the Owner res Burg foam the delay. (b) The Contrwctots right to pro iced shall not be terminated£ the Contractor charged with damages order (1) above because of any delay in completion of the work due to causes beyond his reasonable consul and without its fault or uegligerw; provided that the Contractor shall notify the fro in writing within five (5) days from the begimivg of such delay of the causes and facts relating income. The Ownerr shall consider the facts and ascertain the extent of the delay, and extend the time for completing the work, when in its judgement the facts justify such an extension. The decision of the Owner shall be binding in all cases. ARTICLE 25. TERMINAITON FORTHE CONVENIENCE OF THE OWNER The Ownermaytermioate this Contact in whole or in part for its convenience by written noticetothe Comractm. thsuchevevt,the Ovmawillpaythe Cantac ilsactuel,nec ms , reasonable and verifiable vests for [aminating performance, which shall include that portico of the cantmet work which has been satisfactorily completed£ which payment has not been made. In no event shall the Owner be liable for cancellation charges in excess of the Contract Price, or umbsorbu] shop overhead of anticipseory profit ARTICLE 26. EQOALEh7PLOYMENT OPPORT(INITY The Comwoor agrees not to discnmimte against any employee m applicant for employment because of we, race, color, religion, see or notional origin. The Contmc or shall comply with applicable lana, Executive Orders, and regulations concermag nondiscrimination iv employment, including the Equal Opportunity Clause of Section 202. Executive Order 11246, as amended, which is hereby imorpornted by refereneo ARTICLE 27. ASSIGNMENT OF CONTRACT This Contact many pmt thereof shall poll be assigned by the Contractor witbom written went of the Owner, or shall the Contractor assign any movies dre roto become due to bim thereunder, without the prior written consent of the Owner. ARTICLE 28. GOVERNING IAWS/DISFUTES In spite of my other provision of this Contact, any dispute concerning my question of fact or law arising between the Contactor and the Owner shall be decided by a carat of competent jurisdiction of the State of blame m accoNance with the laws of the State of Maine. ARTICLE 29. LIENS The Contactor (1) shall indemnify and save harmless the Owner from all claims, demands, causes of action, or suits of whatever peace arhing our of services, labor and materials fiuvishe I by the Contactor or its subcohtactors m the work, and from all labomrs', materialsmen's and merbmies liens upon the property upon wbich the work is located arising out of the services, labor and materials firm abed by the Compactor m any of his subcormactom under the work, and (2) shall keep said property free and clew of all Bess, claims, and encumbrawas arising from the performance of the work by the Contractor or its subcontmlors. The Contruchor shallhavetherightto comewthsvaliditywamoontofany such lien. Ifthe Contractor shall coarmstthe validity or amount of my such lien, then uponthe final determination of such questions, myjudgement which may be readered against the Conaactor shall be promptly paid and it shall Procure the release of such lien. Pending the discharge of any such lien of record and notice thereof to the Owner, the Owner may odsm out of any monies then due or to become due the Contractor an smomt sufficient to discharge such lien and to reimburse the Owner for any cost or expense ==ad m my action or proceeding for the mfbreemem or removal thereof The Contractor sweesto reimburse the Owner for all monies paid and expenses mewed by the m discharging such hers mm correction with my action or proceedings for the rernaval or enforcement of same. Before receiving final payment for its work the Contractor shall certify -and banish proof satisfactory W the Owner that all material and equipmmt embodied m the work and all labor costs moaned thereon have been fully paid and discharged. The Contractor shall include a provision satisfying the requirements of this Article as apart of my and all mbwnhactars entered into for the work or any portion thereof. ARTICLE 30. PROTECTION OF PROPERTY AND PERSONS The Contractor will adegmtsly protect the Owner's property, from injury or loss, and will take all necessary precautions riming the progress of the work to protect all persons and the propttty of others from injury or damage. TheCmtractox will assume full responsibility for all be tools and equipmeW and all materials W be mast th correction with the ocompletion of the work. ARTICLE 31. ASSIGNI-NT AND SUBCONTRACTS The CONTRACTOR shall art assim his interest in its contract, sublet or subcontract any portion of the work without written permission of the Owner. The Owner approves of those subcontractors listed on Exhibit B, abaebeci hem o. The Conbaurr agrees to bind every subcont Wrapprovedbythe Oven¢Walloftheteemsandconditionsofdisagreement The ComatWr agrees tom it is Lilly responsible to the Owren forth¢ ails and omissions ofits subcontractors is and a asus and either directly mrraffabubd o employed by any mhconlreciy i as the ComacWi is for the acts and omissions ofhimself and of pemoms directly employed oy it ARTICLE 32.OTBE12 WORK It is mdeceWod that work not covered by this Contract maybe performed by the Owner m others mthe same mea that must be occupied by the Contactor. In such event, the Contractor shall properly connect and wordimte it work with theirs. It is also understood that the Owner may, occupy the premises during per"fo®ance of work by the Cormector hereunder and teat such occupancy shall not constitute atoeptanw of the work by the Owner. _ ARTICLE 33. SAFETY REGULATIONS The employees of the Contractor will observe the C rnpm}+s general safety rales aod'the area or departruental safety rates in the area in which they are working which will include the following: a Smoldng- Absolutely no smoking will be permitted except in authorized smoking meas. Any Contactor violating this rule shall be askedto leave the prendses and will forfeit payment for work up to tbmpoint. b. Personal Protective Pquiromad - The Contractor will observe all reammble requirements and be held responsible for furnishing to its employees any items of personal protective equipment which may be necessary for the safe performance of the work(safetyglasses, hard hats, etc.). c. Excavations and Estimating - The Contractor will be expected to use proper truncating ropes, warrangs signs and other such devices whatever excavating perliu miug overhead work, hoisting opening pits or trenches or the like is in progress. The Comment will also keep all aisles and m always clear, and at no time obstruct passageways to existing emergency equipment such as showers, eye wash Rardai s, fere blankets, hoses, alarm boxes, ex rilowhers, shut off valves and switches, em. d. Unless other arrangements are worked out nt advance with local the Contractor is expected to supply fire extinguishers, buckets and other fue fighting equipment in or year the work area e. Cloud housekeeping conditions will be maintained at all times. The Contractor is responsible for cleanup and disposal of debris, the proper storage of materials, keeping his work areas clean mad fisc of tripping b ands and wherever necessary the daily removal of trash and other waste. f The Contractor will not manipulate any switch controls, valves or instruments without the advanced approval of local ovamgement. The Covtmcmr will request advance permission before undertaking any work on piping thsu fbution systems, utility Innes entering mnks, sewers or vessels and as necessary for any work in or near special or Iterations; operations. ARTICLE 34. CONFLICTING TERMS, CONDITIONS OR SPECBY DONS 1a toe event that one item wnllicts with another item found mthis cormack or any, other ddcnment pertaining m this comracl, the item with the most stringent requirements shall prevail. ARTICLE35.NOTICES AE notices required or permitted to be given under this contract or we spwificrions sball be in writing and sball be deemed to be properly and sufficiently given when deposited in the U.S. mail, postage prepaid, registerN or certified, and addressed m the party entitledm receive such notice as set forth below or to such other address as that party shall subsequently designate to the other party by ounce given m accordance with this section. CITY CONTRACTOR: David N. Pellegrino, Purchasing Agent The Sheridan Corporation City of Bangor 73 Barlow Street Bangor, Maine 04401 Notice given m my other roamer shall be deemed effeetive only when the wdttev entice is acmolhy received. ARTIUE 36. ENTIRE AGREEMENT This Contract commis all the terms, conditions and provisions pertainwgm the work, there being no other mdersmvdings, agreements, warsmves either express or implied, relative to me Coomact that are not filly expressed herew. IN WITNESS WHEREOF, the parries hereto have caused this agesmem to be executed on the day and yeaz fret above written. WITNESS:CIT(�/Y OF BBAANGOR(OWNER) BY: 10,AJ / Edward A. Bamem City Manager WITNESS: SHERMAN CORP. (CONTRACTOR) BY: Y Two: VCE /itaTvDc�r STANDARD CONTRACT AND GENERAL CONDITIONS AGREEMENT BETWEEN OWNER AND CONTRACTOR AGREEMENT Made this 10th day of October in the year of Two Thousand and two between Telford Aviation Services, Inc. (tbe Owner) and TEE SI EElft" CORPORAIION (ibe Contractor), for arnicas to correction with the following described Project: The Sheridan C Torsfioa shall design and build a hangar and mituto facilifia lorxted 9 189 Odlin Road, Baogor, Maine. The building shall contain approximately 8,000 s.f. of Door space. The project shall be built in accordoxce with the fidlowing draadugs and spec w4ovsattached as asbrbits to this conhact. Pxbibi EzdibitA QuoMfion and Specifications dated October 10, 2002 Exhibit 13 Drawing SD- l - Site Plaa dated 9-0.01 Drawing D -I -Floor Plan and Elevation dated 10-10-02 Exhibit C Telford Aviation Services, Inc. letter dated September 18, 2001 The Owner and the Contractor agree as set forth below: ARTICLEI THE CONTRACTOR accepts the relationship of over and confidence ertablisbed boom hum and the Omer by this Agreement He agrees to furnish the avhitecmral, engineering and construction services set forth herein and agrees to finish efficient business administration and superintendence, and to use bis best efforts to complete the Project in the best and soundest way staff m the most expeditious and economical roamer coomstent with the budgetary and performmce interests of the Omer. 1.l The Construction Team: The Corractar, the Oma seat the Engineer called the "Construction Team" shall work from the begiuniug of design tluough construction completion. The services of The Sheridan Corporation, as the Engineer,Willbefurnished as an integral pan of pais corftr t 1.2 Einem of Agreement: This Agreement represents the entire agreement between the Omer and the Contractor and supersedes au prior negotiations, representations or agreements. This Agreement shall not be superseded by any provisions of We documents for construction and may be amended only by written natrument signed by both Omer and Contractor. 1.3 Defmifiona: the Project is the total compaction to be designed and constructed of which the Work is a pan. The Work comprises the completed construction required by the Drawings and Specifica rom which, is addition to the terms of this agreement, comprise the emise scope of responsibilities between Omer and Contractor. The tear of day shall mean calendar day unless otbersvise specifically designated. ARTICLE 2 CONTRACTOR'S RESPONSBTLITIES 2.1 CONTRACTOR'S SERVICES 2.1.1 The Corrtracforshall be responsible for furnishing the supervision, labor, tools, equipment, mateials and subcontractors necessary for the project The Connector shall develop a design and construction schedule and dee Oma shall be responsible for prompt decisions and approvals so as to maintain the approved schduie. 2.1.2 The Contractor will assist the Omer in securing building permits necessary for the construction of the Pvject and pay for the parent fees. The City of Bangor w I be responsible for engineering and fees associated with the site permitting. 22 -RESPONSIBILITY WITTI RESPECT TYI CONSTRUCTION 2.2.1 The Contractor will provide all contraction supervision, labor, materials, tools, construction equipment and subavtrm;ted items necessary for the execution and completion of the Project as described it these Genal Agreemems, specifications and appropriate prints. 22.3 The Contractor will prepare and submit for the Owner's approval an estimated construction schedule for the Project. This schedule sball indicate dm dates for the sharing and completion of the various stages of Ne design and construction. It shall be revised as requirod by the conditions of the Work and those conditions and events which mo beyond the Common's control. 2.2.4 The Contractor shall m all time keep the Premises free fiam the accumulumn of ywate materials ur rubbish caused by his operations Attlee completion of the Work, he shall remove all of his waste material and rubbish from and mound the Project as well as all his tools, conmrawism egnipmaS machinery, and surplus materials. 2.2.5 The Contractor will give all entices and comply with all laws and authorities legally enacted wthe date of execution of the Agreement, which govern the proper execution ofthe Work. 2.2.6 The Commatur shall rake necessary precautions for the safety of his employees on the Work and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, shout or adjacent to the Project site. Ile albeit erect and properly maivmm, m all times, as required by the condifinrs and progress of Work, necessary safeguards for the protection of workmen and We public It is understood and agreed, however, that the Contraemr shall have no responsibility for the elimination or abatement of artery hazards created or oNerwise restating fium Work at the job site carried on by other persons or fnms directly employed by the Owner as separate woroun ors or by the Owmi's tenants, and the Owner agrees to cause my such separate wwwww rs and tenants to abide by and fully adhere to all applicable provisions of federal, crate and municipal safety lave mut regulations and to amply with all reasonable requests and dwardws ofthe Contractor Studs elimination or abmarrow of any such safety hamrds n mejob site. 2.3 WARRANTS AND COMPLETION 2.3.1 The CowwwOr warrants to the Owner ther all materials end equipment famished order this Agreemem will be new, wheat mhervdu specified, and that all Work will be of good quality, free from improper workmmssWp mrd defective materials and m cauformena with the Drawings and Specifications The Conietwor agrees to anew all Work perforated by him order this Agreement which proves to be defective in material and workmanship within a period of one yew from the Date of Substantial Completion as defined to Article 5 with respect m specific warranties contained is tbo Specifications. 2.3.2 The Cornimtor will secure required certificates of inspection, testing, as outlined in the specifications, or approvals, and deliver them to the Owner. 2.3.3 The Comacmr will collect all written warranties and equiprnont manuals and dehver them to the Owner within 30 days after completion ofine Work. 2.3.4 he Contmcwr with fhe assistance of Ave Ovmer's maintensuce personnel, will direct the checkout of the utilities and operations of sysem and equipment for readiness, and will assist in their initial sort -up and testing. ARTICLE 3 OWNER'S RESPONSIRILTITES 3.1 The Owner sball designate a reppoaaohtve who shall be My acquainted with the Project no has authority to approve changes m the scope of the Project, render decisions promptly, and furnish information expeditiously. - 3.2 If the Owner becomes aware of any fault or defect in the Project, or von -conformance wiN the Omwings or 9peaticationa, he shall give prompt written notice thereof the Contractor. 3.3 Me Owner shall have no contactual obligation to the Contractor's Subcontractors and shall commmaicate with such Subcontractors only through the Contactor. ARTICLE 4 SC CONTRACTS 4.1 A11 portions of the Work which comprises the scope of work of this Agreement that the Contractor does notperfure withihis own forces sball be performed vaster subcontracts. 4.2 A Subconaactor is a person or entity who has a direct contract with the Contractor ro parterre any Work ta connectsom with the Project. The term Subcontractor does not telude any sepamte cones utor employed by the Owns or the separate contractors' snbCentactom. 4.3 No contactcal relationship shat exist between the Owner and any Subcovtxctor. The Contactor shat be responablefor the nanagementofthe Subcorrtmctors in the perfoxmance of their Work. ARTICLE 5 5.1 The Work to be performed under this Agreement shall be commenced as mon as possible 5.2 The Date of Substantial Completion of the Project or a designated portion thereof is the date when construction is sufficiently complete in accordance with the Drawings and Specifications so dra Owner can occupy or utilize the Project or designated portion thereof for the use for which it is intended. Warranties called for by Nis Alneemea or by the Drawings and Specifications shall commence on the Data of Substantial Completion of the Project or designated portion thereof This date shall be established by a Certificate of Substantial Completion signed by the Owner and Contraaor. This Certificate shall also list the items to be completed or cmrecn:d and fix the time for their completion and correction. ARTICLE 6 CONTRACT PRICE AND PAYMENT TERMS 6.l The Lump Sum Price to the Owner for the wet of the project as set forth in the contact documents shall be Five Fiwdred Thousand DoPms ($500,000.00) which sum shall be called the Lump Sum Price. 6.2 The Lump Sum Price is based upon laws, codes, and regulations in existence at the date of its establishment and upon mitzria, Drawings, and Specifications as set forth. 6.3 Not applicable 6.4 Payments shall be made by the Ownerto the Contractor according to the following procedure Upon Substantial Completion of the Project, Owner and Gmtrsctor will meet to agree upon the compledon ofthe Project Costa wrl I aabmit m=oice forpaymert for the project in accordance with Telford Aviation Services, Inc. letter of commitment dared September 18, 2001. 6.4.1 Payments due butanpaid shall beer Ntereeta[the rate ofBmk of Boston Prime lendingranplus 3 points. 6.5 The C actor warrants and guarantees that tide W all work, materials and equipment covered by an Application for Payment whether incorporated N the Project or nor, will pass W the Owner upon receipt of such payment by the Contractor Gee and clear of all Bers, clavas, security interests or encumbrances hereinafter refected to as Liens.. 6.6 No Progess Payromt nor my partial or entire use or occupancy of the Project by the Owner shall constitute an acceptance of anY Wodc rat in accordance, with the Drawings or SpeciScatovs. 6.7 Before issuance of Final Payment, the Owner may, regmst snisfacMry evidwwa that all payrolls, roatatoN bills and other indebtedness comected with thepoject have been paid or otherwise satisfied. 6.8 The making of Final Payment shall consttuta a waiver of all claims by the Owner except those arising from: 6.8.1 Unsettled Liems 6.8.2 Improper workmanship or defective materiels appearing within one year after the Date of Substantial Completion. - 6.8.3 Failure ofthe work to comply with the Drawings and Specifications. 6,84 Terms ofmY special guam l=requ by the Drawkn and Specifications. 6.9 The mesainne eofFinal Payment shall constitute a waiver of all claims by the Contractor exrapt those previously made in writing and unsettled. AftnCLE 7 .1 :a I.w 7.1 Any changes in the stype of the work as described in the specifications that are requeswA by the Owner sho] be estimated by the Contractor m order to determine the impact of the change on the project budget Should the Owner dwi& W proceed with the change, adjustment in the Lmnp Sum shall he made accordingly. 7.3 Owner and Contracror recognize that the plans and specifications upon which the contract price is based include the Con4eclor's best esdannes of contraction vests necessary to meet, for exsmple, Life -Safety or BOCA Code requirements. 11ts contract price is subject to adjusanent shoold final review of contract plans by the State Fire Marshal, or any other legal entity, place ed i toaal requirements on the construction desian due to perceived life, safety or code issues as determined by that governing entity. ARTICLE S N'CLUSIONS 8.1 Included as pert of the services that will be provided by the Contractor are the foUmdag 8.1.1 Builder's Risk Insurance abOR be provided by the Contractor in order that adequate coverage. oftheprojectismaintaised. 8.1.2 General liability end Worker's Compensation msumnces shalt be m more as required by the stannes of the State of Maine and in levels appropriak to provide adequate coverage far property damage and/or bodily injury caused by the actions of the Contactor during the execution of the project S. 1.3 All applicable sales and use taxes sball be paid by the Contractor. 8.IA Contactor wmmmees the project for one full year beg.nning on the date of the substantial Completion. Wanamy to include necessary corrective work for the replacement of materials iadeflu acted in this pr jest due to faulty workmanship or materials. No other warranty is expressed or implied. Remedy against the Contractor shall be limited to this warranty and sball be the only remedy available for the Owner or its represmta4ves ARTICLE EXCLUSIONS 9.1 Items not included as part of this project we as follows: 9.1.1 Perf eand Payment Bonds. 9.1.2 Additional wmk caused by unforeseeable obstructions including subsurbos conditions such as unde and springs, deleterious soils, bareNous waste and underground obstacles including ledge excavation 9.1.3 Tesdng other ihan concrete testwg. This agreavent entered into as oftbe day and year fust mitten above. OWNER: ATTEST: CONTRACTOR: TITS SHERI CORPORATION ATTEST: mfsalca\tw\conhacts\telfocd aviWou lump sum contact 10-10-02 October 10, 2002 Mr. Telford Allen M Telford Aviation, Inc. Bangor International Airport Bangor, Me. 04401 Re: Hangar Ezpensiov Gentlemen: The Sheridan Corporation proposes to build a new 8,000 af. facility in Burger, Maine, with the following specifications: 1. - BWdk The building shall be a Buder Widespan 100'. wide by g0' long by 35' nominal to the eaves. The framing shall be four (4) 20' baysio produce abuildivg 80' long. The frames shall be'LRF clearspao. All of the exterior calamine on these trustee shall be tapered. The frora endwall shall be of "H" sections, beam and posts. The other endwall shall be clearspaa with an intermediate fame. Tbebuilding has a 1:12 roof slope designed to support a 569per square foot snow load and a 90 MPH wind load on the walls, plus a 0 collateral loud for lights and sprinkler. ]leis design is per the 1996 National Building Code requiremems. The main frames are also capable of supporting a Iron bridge crane. system. The roof system shall be Butler's MR -24, a plain 24 -gauge aluminum -zinc coated steel panel with a double standing lack seam. The roof panels shall be factory pre -punched m the panel ends to match pre -punched holes in the structural members. The panels are one piece on each side, from eave to ridge. Roof Fasteners Panel-to-structmal connections shall be made by means of a sliding clip, which allows for necessary contraction and erpansiov. Scrubolts shall be need] to anchor the panel swuroly to tbeeavesavctural. Pnneledgesarejoinedeadsealedwithadoublestlodinglockseamaround a factory-inatalled sealant TelfoNAviatioglnc. September 29, 2002 Roof Accessories io0' of loveadwalle. 460 - 4 0' oflave eav' of I" galvanized pipe with special connectors shall be supplied and installed on the eaves of bo[h the existwg Warehouse end [he vewhangar. Walls The exterior walls shall be of 26 gauge galvanized Butlerib B panels, a precision rolled 36" wide panel that extends from the top of the foundation to the underside of the roof The panels are factory-pumcbed top and botmm to match the pvapunched holes m the swctmals. The festeners panel to struenral shall be TORR aara a and panel to panel TORR self drillers. The beads of the screws are ambling nt color to the panels, which are Shell Gray. Wall Accessories - Two (2) 3/0 x 7/0 x 1-3/4" thick hollow meal pass doors, plain, insulated with cylindrical lock levy handles and door closers 0 ADA requirements. One (t) 8' x 10' insulated steel overhead door wiN vertical lift hacks, weatherstripping, lock, finish painted and manually operated. - Nine (9) 4' x4'— 6 fixed Butler windows with insulated clear plass and all necessary trims. Tbere shall be a 24 ga paintd Butler Rib Hater S'-3" high placed on top of the foundation and includes all aims. 4. bundation The roof and walls shall be iasdated with 6" ofcommeroial Rhocglass insulation having a PSF UL facing with aflame spread of 25 or less with 2" tabs rofld and stapled m form a complete vapor barrier. The facing sball be white in color. To increase the insulation efficiency, we shall insulate the top of the roofp¢lins. 5. Erection The banding shall be erected by the craftsmen of The Sheridan Consaocdon Corpomfim and is gumanmed f one year from date of completion unless damage ocmus as a result of faulty or improper work performed by others not included in this proposal. Telford Aviator, far. September 27,2002 6. Concrete Work The foundation walls shall consist of 10" thick 5' highconc nfie walls. These walls all have integral piers and couVnuon9 footings. The piers shall be dengaed to resist the hormonal boors wain tie rods. Theabove shall be steel reinforced with deformed mbar cut, bent and placed as per the foundation details The Floor slab and the in511 meas shall be 8" thick ofunmivforced concrete. There shall be one coat of sealing and hardening compound applied to the finished slabs oh the exterior a the completion of the trowelling of them. The interior slab shall be wet cured. The slabs shall be sawcut into grids to help connolshrinkage cracks. They shall match those that are existing. The new slabs shall be doweled to de existing. Throe shall be a total of 60' of card fir place Pont [reach with heavy duty headed painted steel grating supported with steel angle with anchors cast into the sides of the trench: There shall be one (1) 2'x2k4' deep catch basin complete with a cast iron grating supported by an embedded angle with an explosion proof Flrnnel, a tailpiece and is reward through the roof All of the cone ate used shall be of a 4,000 PSI mix in 28 Days using''/." stone. Partitions The bath room walls and the two sdjacent me= shall be foamed with 3 5/8" 20 GA galvanized steel studs 16" ce. 8' high Over this area shall be 6" 14 ga. "C" sections covered with'5/8" gypbomd on the walls and ceilings. '/a" plywood shall be placed on top of these joists. A I x 6 pine trim shall be placed moved the top of the room on the actedor. 1 x 4 pine baseboards shall be installed 9 the brae Of thew walls. S. Interior Doors - The dorms and frames shall be hollow metal, complete witb hinges, door closers and push pull hardware for the bathroom and only locks m the two adjacent rooms. 9. Toilet Accessories We Lave included two (2) havdi-cap grab bars, two (2) toilet papm dispmsm, one Cl) mirror, _ two (2) prefirdshed metal toilet partitions, one standard and one handicapped and one urinal screen. Color shall be selected mom a standard offering. Telford2vviado r lrc. September27, 2002 10. Floor Covering The floors in the new addidon shall be covered with Tennant ECO—high performance system. The system is m epox and methane floorwating. The new sawpints sball be f fed with a 2 - part polyurea elamomer. Once the floor is cleeoaed the surfaw shall be primed and then coated with a topcom ofurethaoae that provides chemical resisbnee. 11. Painting All the drywall ceilings and walls shall be thermal of dust and primed with a sealer. Then painted withtwo finish coats. The Primed hollow metal doors and frames will be finished with two coats of paint 12. Plumbin The plumbing consists of supplying and installing two water closets, one standard road oce handicapped, two wall hung mimals, one double bowl stainless steel band wash sink, a 6 gallon electric hot water heater and the plumbing to install a trench drain with an explosion pit. All drainage and venting shall be of PVC pipe and fitevgs. Thee shall be a compressed au system around the three building walls. We shall start man existing line inside. The pipe shall be of schedule 40 steel wDin flareen drops with a ball valve at each end. A new 2" capper type line shall be installed from a new service and tied into the existing distribution point. Included is a temporary 2"line m be autalled before the final cemectims; - canbenade. The interior piping shall be copper and covered where required. There shall be two %" imerim hose bins. /3. Heatme The main building shall be heated using athermo-cycler GTC400 LP fired av common Romance with extension and self combined control. The chimney shall be a stainless steel prefab wit with all flashings included There shall be a 36^ diameter exhaust fan and a 5' x 6' masker louver with dampers. This will Provide two anchanges per hour and is normally controlled. The bathroom and the two rooms adjacent m it shall be heated with electrical baseboard with individual thermostats. Telford Aviation, Ion. September 27, 2002 14. S¢riokler Starting r the existing fie pump a new line shell be installed to serviee the new 8,000 s.f. hangar. Thus shall be a complete presction system throughout The rest room and the two adjacent moms shall have chrome recessed pendent heads and escutcheons. Included are the control valves, alarms, bells and other oecessary, compovwts for a complete system. The naw, addition shall have a double mterlock preaction system throughout with protecunw detection, again with all control valves, alarms, bells and incidentals to complete the system. All wring for the detection system and detection panel is included 15. 61u4iuN 1. All materials, sales tax, labor, insmwcea toots, equipment Vis, electrical peri etc. for a complete installation. 2. (35) 400 watt metal halide high bay lights for 75 fwha¢dles average illumination level of the Langer area. (6)of(35)lights will be equipped with guars restrike 3. The bathroom to be provided with bathroom ceiling exhaust fan, (3) 4' wmparowd light CL4nlrea, (I) emergency battery light unit, (1) Get receptacle cod wit* for (1) 6 gallon electric Lot water Leiter. 4. Each of the two adjacent room s shall have dame (3) 4' wraparound light figures, four and a (4) duplex outlets end a 220 volt 20 amp receptacle. 5. In the new hangar area, this proposal includes (3) emergency battery lighting wits, (2) ba battery powered exit sign, and (2) swimhed egsioc lightr outside the persowel doors for egress lighting. 6. P taim lighting to consist of (6) 150 watt lupe-pmesure sodium wallpaks, photocell controlled, locales a ruih requirements. ]. Power receptacles within n the hanger In w"='s of (12) quad receptacles, one quad at each column. These receptacles to be served by (6) alternating 20 amp 120 volt circuits. Additionally, (2) 60 amp 480 volt 3 phase receptacles each served by a dedicated circuit are included. One 480 -volt receptacle located on the and side of the new hangar. I. Power circuits ro the following HVAC equipment are included as follows: (1)A rotation furnace. b. (1)3 Phase 208voltexharut fur. C. (1) A¢ drain louver. 8. New power distribution and feeders to consist of (1) 100 amp 3 phase 480 -volt fuels from Washita hanger 480 volt fused distribution paneL (1) 100 sup 3 phase 480 -volt pareelboard, (l) dry type alnpdown transformer and (1) 100 -amp 120208 volt 3 phase distribution panel. The (3) new panels and dry type tmnsfoimer to he located within the new hangar r a location to be determiued (probably on the inside comer outside the bathroom). 9. Electrical disconnections as required for burger door demolition. Telford Aviation, for. September 27, 2002 10. Temporary electrical wiring for construction 11.3 electrical baseboard heaters, thermostat and wiring for the three new rooms. 12. Change the ballasts and bobs in 31 existing hi -bay Iiga fixtures in the attached hangar. 16. Sitewark The sitework consists of laying out the building foundation and the new water and sewer locations. All of this work lauds an She existing concrete farmer. These areas shall be sawcut and removed and removed from the site m allow the installation of the concrete and utilities. Once removed we shall bench for the footings and the new 6" SDR sewer line. The new 6"SDR will replace the existing 6" clay tile, which is aider the psasaed building location. Tbese beaches shall bebackfilled withgravel placed in layers and comported. A new 2" copper water service shall be installed ian the build'mg starting with tapping as existing r main installing valves, curb box and having it installed and cblormated by the Bangor Water District Included is the digging and backfilling fa a new propane gas service to the new building and the relocation of the propane tanks and piping. 17. Crane Supporta We shall supply and install the trace beams for a 1 ton bridge cane. The work consists of installing steel web stirfeners at each point of suspension and welding the opposite side of the building flame. Hangers shall be attached to the underside of the main frames to sates the cjane runways to aid to provide a level and shaightpoin[ of attachment We shall provide and install four 80'+/- beams to strath the trolley beam and bucks to. 18. Removal We shall remove as large hanger door, opening the existing bangar to the new addition. 19. FFA We shall cut and flash far all mechanical trades including, chimneys, vent stack, exbwst fans and louvers. We shall flash the new building to the existing, boa the roof and sidewalls. 20. Tax The State of Maine sales nx[ me tax shall be paid by The Sheridan Corporation. Telford Aviatioq, Inc. Septembw27,2002 21. Freieht The freight is F.O.B. site Buogor,ME. Jnclus o in fids project is sspmvisioq evsuceung, the City of Besgm Building Permit, Builders Risk, Temporary Toilets, Job Trailer mtd our Safety Program Price fm the above described work is $500,000.00. Not Included m this project is the site planning on DEP engineering or foes. This proposal fi 0 er assesses that the elu cal services are adequhte and W t the city w U accept the water supply for the Fire Protection System We have not included any canopies ovm the taioz pass doors or supplying m installing the trolley, trucks or hoist. We hoped sinformation is clew, should you have my questions, feel free to call. very truly yo¢s, Tim Weymouth ChiefH tznwor mjjld refs\twltelford hm ar 10-10-02 pro. u•i7F974^' 124 L 2744501 799906 L Ll, ill, CITY OF BANGOR ]3HARLOWSTREET^ 177974 H. 8599 91008]00 4458.345.55 0CNOoPO2A 020019, PERIDENDI9C 2/28/ 03.