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Home My WebLink About2001-08-27 01-345 ORDERCOUNCM ACTION Date: W/Wall Item No.: 01a65 Bengal ce Authorizing City Manager to Negotiate a Development Agreement for T -Hangar Canstrucd00. Responsible Deparwentn Airport Department Commevmry: The Airynn Oepenmene hos received some lowest fimn a pass gad deode e, who wishes te develop a new T -Honer building m auWng to, but ensu and other mniidesahom, Upon eemplelim, the hangr would be purchased by the Aiasom Aitpoa Neff Imusui Be development concept will Me Ruvnm had Emnmmic Oweep nom Commune. no symbioses remanittd Ne used be and a fnility eM to pttutial oblemNgv in beling a ptivYe develome mos the pojecl otwun, In two, to aRON all pmspWiw drvebpm the opportunity to make a national and A emne ate quality of be name to be conSlurcW, e f fell Ri am issued. Only one sasponse Note Nlachen was smoori Nem Moubim Sued Buildings, lnc., which has ban wmk'ag with Be Godtlthout— the swearer who Annually swoonatl the mail to the Aispat aWl Although the t¢panx fiwn Dmffimm is nm oily responsive m the RPp, R. Hupp, R Demur, and 1. Ring haw discu55N optians By aWuung mNa witM1 bdM1 M GoldlM1weil and Me buil@c All paries 4=60 Nese Potions would mWe Ya ptoiectf able without compmmimuninaddingquality. The emelgi OMn rMonm the City Manager W negotiate a O wilopment Agtammt with No deodoper'builda which would nmtpta¢ rymiN, lama of lep euibili y, pa oo mwa rash, = Approval of this Ord" would allow the pmjm W pmaed in be SMMN poSnible ON,Name, win anticipmW comitHiop base this fall. Determinist Head Managers Comments: ,-A„_, .,p PG. IXty Manager Associated Information:gt Budget Approval: Fimarvzpvec Legal Approval: sdfnf Introduced For: � as Paage Fust Reading F7Ref al Page of Assigned to Councilor Tremble Augase 2), 2001 GI—M5 CITY OF BANGOR (TITLE.) Mrbgrr, --_.._m%. _ .. _. A ivg C1ty Meager b Negotlafe v Development Agreement for T-Navgar co CoufruMiou. By ebe City Couu of the City ofDaayor: ORDERED, THAT the City Manager is hereby authorized and directed to negotiate a Development Agreement with Dr. Mulip Croldthwait and Duraform Steel Buildings, Inc. for the consumaion of new T -Hangar facilities at Bangm International Airport. The Development Agreement shall be in a form approved by the City Solicitor. CIT[ MMUL oat 27. 2001 too !lade and Seconded 01-%5 ORDER Title, duthorlaiag City lleooger to Negotiate a D 610p t Agreemeut for T -Hangar Cooatr tioa ................... I.................. 71e. �� Aw�ignnedd oto ........Il YS�I.W'V................ Gilman -67 rte V, s<d nr'r oa—ns AGREEMENT This AGREEMENTmadethis dayof M4Y,2003betweenthe CityofBangor M1ereinefter refen� to as the "CITY" and Philip Goldthwait, of Brewer and Durafono Steel Buildings, (Maine) Inc., a Maine mryoration having aplwe ofbusiness N Levant, Countyof Penobscot, State ofMaine,hereinaRer mfened ro as "DEVELOPER" The Parries noted above agee as follows: ARTICLE STATEMENT OF WORK In consideration of the promises herein contained DEVELOPER agrees m perf contmcta hanger accenting the the specifications as set forth m Erddbit A attached hereto. DEVELOPER shell level, reseed, and place in condition any grounds which are damaged by said DEVELOPER. i• II UFFIFM Wri 5a :UM Yul• .a llY.. a. I In connection with the work to be performed, DEVELOPER at its expense, shad procure all necessary permits and licensee and agrees to comply with all laws, ordinances, codes and regulations applicable to the performance of work hereunder. Provided that, however, the CITY shall obtain necessary Development pennies such as site plan approval from the City of Beager Planning Board and Maine Department ofEnvirovmsenl Protection. ARTICLE N TB OF COMPLETION DEVELOPER agrees to begin work on/NE , 2003 end be completed by Dn003. ARTICLE V CONTRACT AMOUNT For fall and complete performance, CITY agrees he pay DEVELOPER the sum of $296,000.00, payable after completion of the work in accordance with the temns hereof soil the terms of the CTIY's Notice To Developers and August 14, 2001 Addendum No.1 attached hereto and incoryorated by reference herein and m the satisfaction of the CITY. In addition, for full an complete performance, the CITY agrees to lease the DEVELOPER one hanger bay in the building to be constructed for twenty years at no cost to the DEVELOPER. Said lease is attached hemto and incorporated by reference herein. Page 1 of 10 ARTICLE VI (a) Obtain aeynecossary bceram and permits except that the CITY shall obtain necessary development permits such as site plan approval from the City of Bangor Planning Based and Maine Department ofEnvirim mental Protection. (b) Provide competent superivtendencs. (c) Take all precautions necessary to protect persons or property against injury or damage mrd be responsible for any such injury or damage as a result of his fault or negligence. (d) Perform the work diligently and without muscessarily interfering with activities of the CITY (e) Lease all hanger bays under the terms an conditions set forth in the CITY'S Notice To Developers and August 14, 2001 Addendum No.I allwhW hereto call incorporated by reference herein and the standard hanger lease attached herein and itmorpomted by reference herein. ARTICLE VII LABOR MATERIALS EOUIPMENT ETC DEVELOPER agrees to famish all labor, material, supervision, tools, equipment and all other items of expense, except as otherwise specified herein, required to complete this contract. VII&I W : WOU MW W41lu: I:a ! DEVELOPER individually and on behalf of its sub -contractors, matarialmen and wor)aum hereby waives and agrees en indamdfy, aM save brandies the CITY them all attachments, claims and liens against the CITY and the CM('s property by reason of labor or materials or both, firnished for the work under this Contract. No performance or payment bonds. ARTICLE IX BONDS ARTICLE X WURANCE DEVELOPER stead arrange insurance for the minimum limits indicated and shall maintain the below listed coverages throughout the period ofperformame. Page 2 of 10 01-365 a. Workers' Compmsution$remtory Insurance EmployeYs Liability$100,000. each accident Ivsurance$500,000. disease -policy unit $100,000. disease- such employee b. Comprehensive General Liability (Public Liability) Insurance including: General Lability$1,000,000. aggregate Products, Completed Operations$1,000,000. aggregate Personal & AdveNsing Injury$ 500,000. Pesch Occurtence$ 500,000. Fire Damage$50,000. any one the Medical Expmse$5,000. any oneperson c. Automobile Liability Insurance (owned, hired &non -owned): Bodily Injury &$1,000,000 combined Property Damage single limit d. DEVELOPER shall provide a waiver of any fights of subrogation which the DEVELOPER may have against the CITY, its agents or its employees. Before any of the work is smrtN under the contract, DEVELOPER shall file with the City certi5cate of romance containing the following information is respect to all insurance carried (1) Name of insurance company, policy number and expiration daze; (2) The coverages required and the limits on each, including the amount of deductible or sell - insured retentions (which shall be for the account of DEVELOPER); (3) A statement indicating that the CITY shall receive thirty(30) days notice of cancellation or significant modification of any of the policies which may affect the Cats interest; and (4) The CITY as an additional insured (except Workers' Compensation Insurance). e. If my of the work performed under the outdoor includes blasting, excavating pile driving or caisson work; moving, sharing, underpinning, razing or demolition of my structure or removal or rebuilding of any structural support thereof, or any subsurface or underground work, the Cormatchensive General Liability Insurance policy shall include coverage for Lee explosion, collapse and underground hazards. Page 3 of 10 ARTICLE M TIRE AND RISK OF LOSS Title to all completed work on the CITY's property and to all materials to be incorporated in the work abient at the C='s property shall be in the CITY. In spite of the foregoing and prior to acceptance of the complete work by the CIN, DEVELOPER agrees to accept the entire risk of loss to the wan being done and materials to be incorporated in the work sand n Ne CITY's property hour any cause whatsoever until the work has bear completed and accepted by the CITY. ARTICLE XII lf[I) IPICATION DEVELOPER shall indemnify, defend and hold harmless the MY 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 in persons or other tortious acts caused or contributed to by DEVELOPER or anyone acting order its direction or control or in its behalf in the comae of its performance under this Agreement, provided DEVELOPER's aforesaid indemnity and hold harmless agreement shalt not be applicable to any liability based upon the sole negligence of the CITY. DEVELOPER hereby expressly agrees that it will defend, indemnify and hold the City of Bangor hmmless frim any and all claims made or asserted by DEVELOPER's agents, servants or employees a rising out ofDEVELOPER's activities order Us Contact For (itis ruroose. DEVELOPER hereby exmessly waives any and all immunity it may have under Maine's Workers Compensation At in mard in such claims made or asserted by DEVELOPER's aseats servants m emulovees. The indemnficationpmvided order this pmagtaph shall extend to and include any and all costs imumed bythe City of Bangor to answer, investigate, defend and settle all such claims, including but not limited to the City ofBaugols costs for attorneys fees, expert and other whims fees, the cost of investigators, end paymen in Cull of any and all judgements rendered in favor of DEVELOPER's agents, servants or employees against the City of Bangor in regard to claims made m asserted by each agents, servants or employees. ARTICLE XIE CLEAN NG DEVELOPER shag, at its own expense, at all times keep the premises free 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 premises in a neat and clean condition. If DEVELOPER does not attend m such c/eanir& the CITY shall have the right to have this work done by others and bill the cost to DEVELOPER. Page 4 of 10 OI -345 ARTICLE XIV INDEPENDENT CONTRACTOR DEVELOPER shall at all tins be an Independent Contactor in perfomwg the work under this Contract including any addition thereon and shall furnish all supervision and direction required to complete the work. ARTICLE XV MATERIALS AND WORKMANSIIIP Unless excepted or directed by the CITY, all material incorporated in the work shall be new. Lou work shall be performed in a skillful and professional murder. Both materials and workmanship shall be subject to the inspection of the CITY, who shall require DEVELOPER to cornet def five workmanship or materials without cost to the CITY. Failure m imopect, or complete work not in accordance with the specifications, shall not relieve DEVELOPER from correcting all such work at his own expense. No payment, in whole or in part, shall be domed a waiver of my defect in normals or workmanship, and the =reserves the right to withhold payment pending inspection of the work performed by the DEVELOPER. In spite of payment by the C]TY the sums due hereunder or failure of the CITY to discover or reject defective material and workmmslsip, the DEVELOPER shall re-exxnte my work that fails to conform to the requirements of the Contract and appears during the progress of the work, and shall remedy my defects due to faulty materials or workmanship which appear wiNin a pentad of one year from the date of completion of the contract The provisions oftlris article apply to work done by subcontractors as well as work done by direct employees ofthe DEVELOPER- ARTICLE EVELOPER ARTICLE XVII LAWS ORDINANCES AND WORK RULES DEVELOPER shall comply with all applicable laws and regulations and stall fully indemnify, save harmless and protect rhe MY, the CITY's successors, msigre, agents, customers, and affiliates, and agents and employees of all of Nem against my loss, claim liability damage, and expense raising from DEVELOPER'S actual or alleged noncompliance with such laws and regulatims. Page 5 of 10 ARTICLE XVm EXTENSIONS (a) RDEVELOPER does cotprosecute the work to insure completion or fails to complete it within the time specified. The CITY may by written notice: (1) Terminate DEVELOPER's right to proceed by written notice and terminate the lease between the parties. (b) DEVELOPER'S right to proceed shall not be nominated because of any delay in completion of Ne work due to causes beyond his reasonable control and without its fault or negligence; provided that DEVELOPER shall notify the CITY w writing within five (5) days both the beginning of such delay of the causes and facts relating thereto. The CITY shall consider the Ncts and ascertain the extent of the delay, and extend she time for completing the work when is usjudgementthe factsjustify such anextension. Thedecisionofthe=shallbebindusgin all cases. ARTICLE XIX EOUAL EMPLOYMENT OPPORTUNITY DEVELOPER agrees not to discriminate against any employee or applicant for employment because ofage, mce, color, r hgion, sex ornational origin. DEVELOPER shall complywith applicable laws, Executive Orders, and regulations concerning nondiscrimination in employment including the Equal Opportunity Clause of Section 202. Executive Order 11246, as amended, which is hereby incorporated by reference. ARTICLE XX ASSIGNMENT OF CONTRACL This Contract or any pan thereof shall not be assigned by DEVELOPER without written consent of the CITY. ARTICLE XXI to spite of my other provision of this Contract, any dispute concerning any question of fact or law arising between DEVELOPER and the CITY shall be decided by a court of competent jurisdiction of the State of Maine in accordance with the laws of the Slade of Maine. Page 6 of IO U-345 " DEVELOPER (1) shall indemnify and save haoaless the CITY from all claims, demands, causes ofactioq or sorts of whatever nature nosing out of services, lab" and materials formatted by DEVELOPER or its sub -contractors m the work and from all laborers', materialsmen's and mechanic's liens upon the property upon which Newark is located arising out of the services, lab" and materials fumished by DEVELOPER or any of his sub -contractors order the work, and (2) shall kap said property free and clear of all liens, claims, and encumbrances arising from the performance of the work by DEVELOPER or its sub -connectors. DEVELOPER shall have the right W contest the validityor amount of any such Ren. If DEVELOPER shall contest the validity or amount ofany such lien, then upon the final denim intron of such questions, anyjudgemern which maybe readered against DEVELOPER shall be promptly paid and it shall promote the release of such lien. Pending the discharge of any such lien of record and notice thatefto the CITY, the CITY may pay an amount sufficient to discharge such lien and DEVELOPER agrees ro reimburse the CITY for all monies paid and expenses Incurred by the CITY in discharging such liens or in connection with any action or proceedings for the removal or enforcement of same. Before occupying the building order the temas of the lease wide the City DEVELOPER shall certify and famish proofsatisfaerory b the CITY that all material and equipment embodied in the work and all labor costs incurred Hereon have been fully paid and discharged. DEVELOPER shall include a Provision satisfying the requirements of this Article as a part of my and all sub -contractors enter d into fm the work or any portion Nersof. ARTICLE X PROTECTION OF PROPERTY AND PERSONS DEVELOPER will adequately protect Ne CITY's property form injury or loss, and will take all necessary precautions during the progress of the work to protect all persons and the property of others from injury or damage. DEVELOPER will assume Hall responsibility for all its tools and Nuipmed and all materials to be used in connection with the completion of the work. ARTICLE XHIV ASSIC'NbtENT AND STIBCONTRACTS DEVELOPER shall not assign his interest in its connect, sublet or subcontract any potion of the woNMthoutwrittenpm issonofthe CITY. DEVELOPER agrees tobind every sub- contract" approved by Ne C1TY to all ofthe terns a conditions ofthis agreement. DEVELOPER agrees that it is fully responsible to the CITY for Ne acts and omissions of its sub- contractors and afpersons; either directly or indirectly employed by any subcoutracmrs, as DEVELOPER is for the acts and omissions of itself and of persons directly employed by it. Page 7 of 10 01-365 ARTICLE XXV SAFETY REG[N 1TONS The employees of DEVELOPER will observe the ='s genual safety rules and the area m depmtinental safety rules in the area in which they are working which will include the following: a. Smoking- Absolutely no smoking will be permitted except in authorized smoking areas. Any contractor violating this rule shall be asked to leave the premises. It. Personal Protective Equipment -DEVELOPER will observe all reasonable requiremants and be held responsible for firushing to its employees, agents or invitees any items of personal protective equipment which maybe necessary for the safe performance of me work (safety glasses, hard hats, em). c. Excavations and Barricading - DEVELOPER will be apected to use proper barricading ropes, warnings signs and other such devices whenever motivating, pinching overhead work, hoisting, opining pits or trenches or drs like is in progress. DEVELOPER will also keep all aisles and roadways clear, and m no time obstruct passageways to existing emergency equipment such as showers, eye wash fountains, for blinnor s, hoses, alar boxes, extinguishers, shut off valves and switches, etc. d. Undess other arrangements are worked out in advance with local management. DEVELOPER is expected to supply fire extinguishers, blankets and other fire fighting equipment in or near the work area. e. Good housekeeping conditions will be maimained at all times. DEVELOPER is responsible for cleanup and disposal of debris, the proper storage of materials, keeping his work areas clean and free of tripping hazards and wherever necessary the daily removal of trash and other waste. E DEVELOPER will not manipulate any switch cereals, valves or instruments without the advanced approval of local management DEVELOPER will request advance permission before undertaking any work on piping distribution systems, utility lines entering broke, sewers cr vessels and as necessary for any work in or near special or hazardous operations. ARTICLEXXVI PAYMENTS TO DEVELOPER Upon completion and acceptance of all work by the CITY all as required is Article V, above, the amount due the DEVELOPER under this Contract shall be paid upon the receipt of a properly supported invoice(s). Prior to receiving final payment, the DEVELOPERshall certify and furnish lien waivers as satisfactory proof that all material and labor costs incurred herein have been fishy paid and discharged. ARTICLE XXVB (a) Manufacturer's warranties on equipment purchased and installed by the DEVELOPEPR will be assigned by the DEVELOPER to the CITY for its benefit prior to final payment. (b) In addition to any specific guatanties which may be required by the Technical Specification, the DEVELOPER guarantees all the work to be performed and all the materials to be banished under the Counsel against defects for a period of one (1) Page 8 of 10 01-345 year from the later of the daze of acceptance, or the date of completion and use by the Owner. The DEVELOPER shall, as promptly as practicable after written notice, thereof, repairheplace any defxa in materials in workmanship which occur within said guarantee period, and any damage to other work caused by such defents m damage, at its own expense and without my cost to the Owner whatsoever. Repaired or replaced work shall tarty the same warranties and guaranties as the original work. ARTICLE XXVO CHANGES The =may order changes in writing in the drawings and sperifications within the genemiscopeofthe Order. Changesmayalmberequestedbythe DEV LOPERIfsuchchmge is due to latent conditions discoveredbelow guide during excavation ofthe construction site. If the changes involve an increase or decrease in the cost of or nine required for performing the work, the DEVELOPER shall so advise the COY in writing and an equitable adjustment in costs or schedule will be negotiated. As a condition b any increase in the cost of the work, the DEVELOPER shall subndt in writing adequately documented costs mounted for any authorized change for review, evaluation and approval by the CITY. ARTICLE XXIX CONFLICTING TEPW. COMMONSR SPECMC&TEDhS In the event that one item conflicts with mother item fowd in this contract or my other document pertaining to this contract, the item with the most stringent requirements shall prevail. ARTICLE XXX NOTICE TO DEVELOPER AND ADDEI DCbd NO. 1 The parties are board by the terms, conditions and requirements ad forth in the CITY's Notice to Developer and Addendum to No. 1, attached hereof and incorporated by reference heming. ARTICLE XXXI NOTICES All notices requtred or permitted to be given under this contmet or the specifications shall be in writing and shall be deemed to leo properly and sufficiently given when deposited in the U.S. mail, postage prepaid, registered or cetrifled, and addressed to the party entitled to receive such notice as set ford below or to such other address as that petty shall subsequently designate to the, other party by notice given in accordance with this section. CITY: Edward A. Parrett, City Manager CityofPmgor 73 Harlow Street Bangor, Maine 04401 Page 9 of 10 DEVELOPER Philip Goldthwait Dumtorm Steel Buildings, (Halm) Inc. 23 Gettysburg Ave P.O. Box 271 Brewer, Maine 04412 Levant, Maine 00456 Notice given is any othermaraer shall be doormen of outive only when the written notice is actuallyreceived. Aftneu= ENTIRE AGREEMENT This Contract contains all the terns, conditions and provisions pertaining to the work, there being no other understandings, agreements, warranties either express or implied, relative to the Contract that are act Cully expressed herein. W WITNESS WHEREOF, dne paries hereto have caused this agreement to be executed on the day and year fust above written. CITY OF BA GOR lA fitness By. Edward A. Barren City Manager wW' Withers Philip GoldNth� DURAPORM STEEL BUILDINGS, INC: Witness 04 y: Luc B Dionne Title: President Page t0 of to 01-345 STEEL BUILDINGS INC. August 22, 2001 City of Bangm Purchasing Department 73 Harlow Street Bangor, Maine 04401 Re: Bid proposal for development ofT-Hangar, BIA Gentlemen: I am providing a bid proposal for the above referenced project based on the plans and specifications provided to us by your department. As you are very well aware, I have been involved on this project with Dr. Phil Goldthw rit(Developer) since last spring. Oar original plans and design Nen was quite different than is called for in your RFP Packages. Based on yom plans and specifica 0m, our proposed price is $296,500,00, Ibis proposal is well over the budget allowed and Dr. Goldthwait will not commit any development funding for this proposed bid or project. I discussed with Dr. Goldthwait the possibility of potentially negotiating this project with involved patties and I am optimistic that this hangar pmject may be salvaged by incorporating creative engineering and making design changes without effecting the integrity ofthe building. Iftheco�Oncostofthis T-Hamgarcanbereducedto approximately $230,000.00 to 240,00000. Then this project is a possibility. The purpose of my submitting this bid is to salvage the bidding process and to open the door for negotiating this project. If you have any questions, please contact meat 884- 8883. Thank you. Resspee/ct/furyyourss L�iorme P.O. Box 271, Levant, Maine 04456-0271 P O. Box 148, Grand ISle, Maine 04746-0148