Loading...
HomeMy WebLinkAbout1988-08-22 88-367 ORDERCouncil ARI00 Date August 22, 1988 Item No. 88-367 Item/Subject Authorizing City Manager to Enter into a Contract with Royle, Tanner S Associates, Inc. - FY 88 Airport Improvements Responsible Department. Engineering Commentary: This Involves an engineering contract with Royle, Tamer d Associates to provide design and inspection services for the following projects: Terminal Ramp Rehabilitation, Phasaill; Installation of Security Fancied; Realign Airport Access Road - Phase I: Temporary Repair of Settlement on Runway 15-33; Runway 15-33 Settlement Study. - The total amount Of the engineering contract is $185,250.00, paid for with 90% Federal fundA 5%:1Stateefunds, add 5% Local funds. LWparrOme ?� Manager's Comment -� :Z.1�. cem.ma.l,lu,.'71w31wd lot + ar<u.,..Qu27i �rwe^�ia O4° ani City Maragn Associated Information: Budget AppF.d:.o-g Qip.i F cqogev / 6Ji25D ,Ole Legal Approval; guy sdKaa. Introduced For ®Passage First Reading Pap _of— ❑ Referral 88-367 MigtadtOCewfic8m Sullivan, August 22, 1988 CITY OF BANGOR URIE) (IDr PCs Auth i rns City Manager to Enter, into a Contract, with Boyle, Tamer b Associates. Inc. - FM 88 Al BY the city C uft ofW My KBanwr: ORDERED, TEST the City Manager be and hereby is authorised to enter into a Agreement with Hoyle, Tanner d Associates, Inc., Consulting Engineers from Bedford, New Hampshire. for consulting engineering s•rvice relating to the design, bidding, general construction administration. resident inspection, and overall project administration for the fallowing Airport Improvement Projector Terminal Reap Rehabilitation; Phase II: Installation Of security Fencing: Realign Airport Access Road - Phase I; Temporary Repair of Settlement on Runway 15-33; Runway 15-33 Settlement Study. A copy of the proposed Contract is on file in the Office of the City Clerk. 88-367 i,- ORDER IN .CITY COUNCIL _ August -22.;1988'. gTitle, Passed (:;Cm HC' - AucM1oxieinp city Ma ,ger to ante,; ,1{{4a a CITY C ( Contract with Royle. Tanner d Associates. Inc. .... 88 .. ....Impxave.....mev..we ............ PY Aizpaxt dmPed to f .....Councilmen 88-367 AGREEMENT FOR PROFESSIONAL SERVICES ENGINEERING AND PROJECT ADMINISTRATION FOR • TERMUNAL RAMP REHABILITATION - PHASE II, • INSTALL SECURITY FENCING, • .REALIGN AIRPORT ACCESS ROAD - PHASE I, • TEMPORARY REPAIR OF SETTLEMENT ON RUNWAY 15-33, • RUNWAY 15-33 SETTLEMENT STUDY AT BANGOR INTERNATIONAL AIRPORT This AGREEMENT made and entered into at Penobscot County, Maine, effective the 22nd day of February, 1988, by and between the City of Bangor, Maine (hereinafter called the OWNER) and the firm of Hoyle, Tanner 8 Associates, Inc., Consulting Engineers, Bedford, New Hampshire (hereinafter called the CONSULTANT). WITNESSETH: WHEREAS, the OWNER is the Owner and operator of Bangor Inter- national Airport located in Bangor, Maine; and m WHEREAS, the OWNER wishes to undertake a PROTECT consisting of various airfield improvements at Bangor International Airport, which improvements are more specifically described as follows: • Rehabilitation of the Terminal Ramo - Phase II The work shall include the construction of "isolation joints" at various locations in the Portland cement concrete ramp as wall as adjacent to four existing "nose docks." • Install Security Fencing The work shall include the design of the installation of approximately 5,000 lineal feet of 8 -foot high chain link security fencing with barbed wire. e Redesign Airport Access Road - Phase I This work shall include the design of the realignment of the first Phase of the airport access road to allow room for additional automobile parking and to provide better traffic circulation on the land side of the terminal building. a Temporary Repair f Runway 15-33 Settlement P oblem This work shall include the design of a temporary bituminous concrete "patch" to help minimize a settlement problem in Runway 15-33. e Runway 15-33 Settlement Study This work shall include all engineering study to determine the cause of the existing settlement problem on Runway 15-33 and to recommend a permanent method to fix the problem. All of the the foregoing to be hereinafter referred to as the PROJECT; and WHEREAS, the OWNER also partially financed said STUDY with financial aid from the State of Maine acting, through the Maine Department of Transportation (hereinafter Maine DOT); and WHEREAS, the OWER intends to partially finance said PROJECT with financial aid from the U.S. Government acting through the FAA under AIP; and WHEREAS, the OWNER also intends to partially finance said PROTECT with financial aid from the State of Maine acting through Maine DOT; and WHEREAS, the OWNER has already undertaken certain actions, and will undertake the other actions, required to obtain the afore- mentioned Federal and State financial aid for the PROJECT; and WHEREAS, the services of a professional engineer or engineering firm will be required by the OWNER to prepare preliminary and final designs, contract plans and specifications, final estimates of construction costs; to provide general construction administration and resident engineering during construction; to prepare a study; to assist with project administration; and, to otherwise assist the OWNER in the conduct of the PROJECT; and wsEREAS, such services are of a distinct professional and non- competitive nature; and WHEREAS, the OWNER has undertaken and completed a consultant selection process in accordance with the requirements of FAA Advisory Circular 150/5100-14A, dated February J, 1985; - 2 - NOH THEREFORE, in consideration of these premises and for the satisfactory performance by the CONSULTANT Of the services hereinafter provided and for the payments to be made therefore by the OWNER, the CONSULTANT and the OWNER do hereby agree as follows: ARTICLE I. - SCOPE OF SERVICES - DESIGN PHASE A. Design The CONSULTANT shall undertake and complete designs of the construction included in the PROSECT, and shall prepare contract plans, specifications, and construction cost estimates. The CONSULTANT shall prepare individual project documents separating the PROJECT into three individual construction contracts. The construction contracts will be: e Contract 1 - Security Fencing e Contract 2 - Terminal Ramp Rehabilitation and Temporary - Repair of Settlement on Runway 15-33 e Contract 3 - Realign Airport Access Road The CONSULTANT 9s work under this paragraph shall include: 1. Determination of applicable design criteria as established by rules, regulations, etc. of FAA, and by present profes- sional engineering standards. 2. Preparation of a preliminary design report identifying construction methods; and including preliminary cost estimates and sketches. 3. Preparation of all necessary preliminary and final design sketches, design memoranda; computations, etc. 4. Preparation of a complete set of reproducible construction plans detailing all of the proposed PROSECT construction. 5. Preparation of construction specifications for the PROSECT work including all required bid forms, general conditions, special conditions, technical specifications, etc., complete, ready for advertising for bids. 6. Coordination of all design work with the OWNER, the FAA, and Maine DOT, including submission of construction plans and specifications for review and approval. - 3 - I. Making revisions to construction plans and specifications as required to obtain the approval of the FAA and Maine OOT. S. Preparation of detailed final construction costs estimated for the PROJECT work. 9. Printing of final construction plans, specifications, bid documents and the like as required for review and approval submissions. B. Field Surveys and Measurements The CONSULTANT shall undertake all field surveys and measurements as required for the satisfactory completion of the preliminary and final designs as described under paragraph A. above. The CONSULTANT's work under this paragraph shall include the reduction of field notes and plotting of field measurements, as well as contracting with and coordinating the work of the field survey crew. Also included under this paragraph would be work to verify the location and the condition of existing underground facilities to be used in the PROJECT. (This paragraph does not include property boundary surveys which are not expected to be required since all work is on the OWNER's property.) C. Soils Borings and Soil Testing The CONSULTANT shall undertake soil borings and laboratory testing of soils as required to satisfactorily complete the preliminary and final designs as described under paragraph A. above. The CONSULTANT's work under this paragraph shall include the preparation of soil boring location plans, layout of soil borings on the site, preparation of soil boring specifications, as well as contracting with and coordinating the work of a soil boring contractor. With regard to laboratory testing of soils, the CONSULTANT's work under this paragraph shall include Obtaining necessary soil samples and delivery of samples t0 a testing of the testing laboratory, as well as contracting with and coordinating the work of the testing firm. The laboratory work is expected to include all testing required to classify subgrade soils in accordance with FAA AC 150/5320-6C. ARTICLE II. - SCOPE OF SERVICES - CONSTRUCTION PHASE The CONSULTANT shall provide engineering services throughout the bidding and construction periods. There will be three (3) separate bid openings scheduled at different times on the same day. The construction periods may or may not run concurrently depending on contractor's schedules and the like. The services which shall be provided under this article will include: A. Bidding 1. Assist OWNER in issuance of bid documents. - 4 - 2. Attend prebid conference and bid opening as deemed necessary by OWNER or the FAA, and advise as to matters relating to �eargn as�a�s�uz3ng £ne b3 rng. 3. Prepare revisions or addenda to bid documents, if necessary. 4. Assist OWNER in evaluating bids and sub -bide and/or pro- posals, recommend to OWNER and the FAX the award or rejec- tion of bids, and assist in assembling, awarding and executing contract Cocuments. S. General Construction Administration 1. Attendance at a preconstructlon conferences. 2. Consultation and advice to the OWNER during construction. 3. Preparation of supplementary sketches required to resolve actual field conditions encountered. 4. Reviewing detailed construction, shop, and erection drawings submitted by contractor for compliance with design concept. 5. Reviewingand analysing laboratory, shop, and mill test reports and certificates for materials and equipment. 6. Review and approval of periodic estimates submitted by the resident engineer for partial and final payments to the con- tractor. 7. Preparation and negotiation of change orders and supple- mental agreements. 8. Making observations of work in progress, and providing appropriate reports to the OWNER (does not include resident engineering) 9. Observation of initial operation of the project or of Per- formance tests required by specifications. 10. Attendance at final review of the completed construction and preparation of a report on any deficiencies, corrective actions required, etc. as determined at said review. 11. Preparation of "as built' drawings based on information - provided by the resident engineer and the contractor. 12. Printing of "as built' construction drawings as required for distribution to the OWNER, the FAA and Maine OOT. - 5 - C. Resident Engineering The CONSULTANT will furnish full-time resident engineering services throughout the construction phase of the PROJECT. The resident engineer will, as appropriate: 1. Undertake a prefield review of the plans and specifications in order to familiarize himself with the PROJECT documents and PROJECT work site. 2. Administer and/or assist with the layout of the construction by the contractor. 3. Review and approve requests for monthly and final payments to contractors. 4. Prepare daily observation reports covering the work in progress, delays to construction, unusual events, visitors to the work site, etc. S. Coordinate the construction activity with the OWNER. 6. Provide "as built" information for preparation of "as built" drawings of the completed project. 7. Arrange for, conduct, or witness field, laboratory, or shop tests for construction materials as required by the plans and specifications. E. Determine the suitability of materials brought to the site to be used in construction. 9. Interpret the contract plans and specifications and monitor the construction activities for compliance with the intent of the .design. 10. Measure, compute or monitor quantities of work performed and quantities of materials in-place for partial and final - payments to the contractors; and maintain diaries and other project records to document the work. 11. Undertake postfield work as necessary in order to close out the PROJECT. D. Control L Testing of Materials The CONSULTANT will arrange for, observe, and/or undertake all necessary work to provide for the proper control and testing of construction materials. This work will include as necessary: - 6 - 1. Review job mix formula for bituminous concrete to be guinished Eor the PROJECT. 2. Provide in -plant observation and testing on each day that bituminous concrete is being furnished to the job site. 3. Obtain samples and have necessary laboratory testing Performed on crushed gravel. 4. Conduct field density tests to check the compaction of crushed gravel base courses. 5. Conduct laboratory testing of curings of completed bituminous concrete pavements. 6. Determine in-place density of bituminous concrete pavements by laboratory testing. 7. Review job mix formula for Portland cement concrete to be furnished for the PROJECT. 8. Provide in -plant observation and testing on each day that Portland cement concrete is being furnished to the job site. 9. Conduct field tests to check the slump, percent air entrain - sent, and yield of Portland cement concrete. 10. Sample Portland cement concrete from the PROJECT and make, cure, and test the test beams for flexural strength. ARTICLE III. - SCOPE OF SERVICES - RUNWAY 15-33 SETTLEMENT STUDY The CONSULTANT shall undertake and complete the Runway 15-33 Settlement Study. The CONSULTANT's work under this paragraph shall include: 1. Topographical survey to determine the limits of the settlement area. 2. Soils borings and pavement coring along the settled area. 3. Review of the existing runway drainage system to ascertain its condition in the vicinity of the settlement area. 4. Prepare schematic drawings depicting the existing conditions. 5.. Prepare a report in which an attempt at analyzing the severity of the problem and recommending remedial measures. ARTICLE IV. - SCOPE OF SERVICES - PROJECT A XNISTRATION The CONSULTANT will provide project administration services as required and as requested by the OWNER during the design and construction periods. The CONSULTANT's services under this paragraph will include: 7 1. Preparation of forms and supporting Dacxup material requirea in connection with obtaining the Federal. grants, including both preapplicatione and final grant application. 2. Preparation and assistance with forms and supporting docu- mentation required by the OWNER to obtain partial and final grant payments from the FAA and Maine DOT under each grant. 3. As reasonably requested, assistance with any other admin- istrative -type work required by the OWNER. in connection with the PROSECT. Since this Permit is deemed appropriate, the CONSULTANT will assist the Cw R with the preparation of the necessary documentation which must be submitted with the permit application. If appropriate, the CONSULTANT will attend public hearings held by the State agency for the PROJECT and if the applications are required, the CONSULTANT will work with the representatives of the State agencies to assure that any special conditions of the permits are accounted for during the design process. ARTICLE V. - COMPENSATION A. General The CONSULTANT shall charge for all services requested by the OWNER and rendered by the CONSULTANT in connection with the PROSECT in strict accordance with the conditions set forth in this Article of the AGREEMENT. The charges made by the CONSULTANT under this Article and the payment of said charges by the OWNER shall constitute full com- pensation for all expenses incurred by the CONSULTANT in con- nection with the services rendered including F.I.C.A. taxes, Federal and State unemployment taxes, costs in connection with employees benefits, office expenses, supplies and equipment, the general costs of doing business, and the CONSULTANT 'a profit. B. Actual Cost Plus Fixed Fees The CONSULTANT shall charge for all services provided under this AGREEMENT on the basis of the actual cost of providing such services, plus fixed fee payments. The CONSULTANT's charges for the actual cost of providing services will be computed as the total of (1)Salary Cost, (2) Overhead, and (3) Direct Nonsalary Expenses, all as defined in - E - the Federal Aviation Administration's Advisory Circular No. Projects;" a copy of which is on file in the offices of each of the parties hereto. The total of the CONSULTANT'S charges for providing these services shall not exceed the following amount without prior written approval of the OWNER, the FAA, and Maine DOT. 1. For providing services under ARTICLE I., Paragraphs A., B., and C., the amount of sixty-three thousand eight hundred and 00/100 dollars ($63,800.00) which includes a fixed fee payment in the amount of $7,300.00. 2. For providing services under ARTICLE II., Paragraph A., "Bidding," the amount of five thousand eight hundred fifty and 00/100 dollars ($5,850.00) which includes a fixed fee payment in the amount of $550.00. 3. For providing services under ARTICLE II., Paragraph B., "General Construction Administration," the amount of twenty-one thousand two hundred and 00/100 dollars ($21,200.00) which includes a fixed fee payment in the amount of $2,000.00. 4. For providing services under ARTICLE II., Paragraph C., "Resident Engineering," the amount of fifty-four thousand three hundred and 00/100 dollars ($54,300.00) which includes a fixed fee paymentinthe amount of $6,050.00 S. For providing services under ARTICLE II., Paragraph D., "Control 6 Testing of Materials," the amount of six thousand nine hundred and 00/100 dollars ($6,900.00) which includes a fixed fee payment in the amount of $900. 6. For providing services under ARTICLE III., "SCOPE OF SERVICES - RUNWAY 15-33 SETTLEMENT STUDY," the amount of twenty-four thousand eight hundred and 00/100 ($24,800.00) which includes a fixed fee payment in the amount of $2,600.00. 7. For providing services under ARTICLE IV., "SCOPE OF SERVICES - PROJECT ADMINISTRATION," the amount of eight thousand four hundred and 00/100 dollars ($8,400.00) which includes a fixed fee payment in the amount of $900.00. ARTICLE VI. - TIM AND METHOD OF PAYMENT The CONSULTANT will make monthly application for payment for the work completed under this AGREEMENT. The monthly applications shall be on forms approved by the OWNER. The OWNER shall prompt- ly review and process the monthly application and shall make payment to the CONSULTANT on a monthly basis. 9 - If, during the term of this contract, the scope or character of the work is changed substantially, or if the time for completion is increased substantially due to circumstances beyond the con- trol of the CONSULTANT; and if such changes thereby increase the work to be performed by the CONSULTANT, an additional fee shall be paid to the CONSULTANT. The additional work and the compen- sation therefore shall be provided for in a written amendment to this AGREEMENT, said amendment to be negotiated by the ONNER and the CONSULTANT. ARTICLE VIII. - TIME FOR COMPLETION A. Design Phase ANT s The CONSULThall complete all work under ARTICLE I., Paragraph A., "Design" and submit complete construction plans and specifications to the OWNER, the FAA, Maine DOT and other agencies having jurisdiction in time for the OWNER to submit a grant application by July 29, 1988. B. Other Phases The CONSULTANT shall undertake all work under ARTICLES II., III., and IV. of this AGREEMENT in a timely fashion as requested by the OWNER and as required to facilitate progress and completion of - the PROJECT. ARTICLE IX. - ASSIGNED PERSONNEL The CONSULTANT shall assign an experienced Registered Profes- sional Engineer, acceptable to the OWNER, to be in responsible charge of the work performed under this AGREEMENT. The CON- SULTANT shall not replace the person in charge without permission of the OWNER. The CONSULTANT shall assign such other personnel to the work as may be necessary from time to time to complete the work as required. ARTICLE X. - TO BE PROVIDED BY THE OWNER A. Existing Information The OWNER shall provide the CONSULTANT with all available infor- mation, data, plans, etc., Pertinent to the CONSULTANT's work under this AGREEMENT. The OWNER shall assist the CONSULTANT as 10 - to obtain available pertinent information from Federal, oraly worked the OWER matters r affecting this coaly worked for the OWNER on matters affecting this B. Access for Field Work It will be necessary for the CONSULTANT's field crews to under- take field inspection$, etc. on and near aircraft operational areas at Bangor International Airport. The OWNER shall arrange for and provide'the CONSULTANT with access to such areas on a timely basis including making necessary and proper arrangements with the airport users, issuance of NOTAMS, etc. C. Resident Engineering A full time Resident Engineer shall be provided by the OWNER through the City Engineering Department. ARTICLE XI. - COMPLIANCE WITH REGULATIONS As the PROJECT is to be partially financed with Federal and State grant aid, and is subject to the jurisdiction of the FAA and the Maine DOT, it is a specific requirement of this AGREEMENT that all work done by the CONSULTANT be in strict compliance with all applicable rules, regulations, standard specifications, or other requirements of the Federal Aviation Administration and the Maine DOT, it shall be the CONSULTANT's obligation to assist the OWNER in obtaining all required approvals from the FAA and the Maine DOT. ARTICLE XII. - TERMINATION This AGREEMENT may be terminated (in full or in part) by the OWNER upon 10 -day written notice to the CONSULTANT. Upon such termination the OWNER shall pay the CONSULTANT all charges made for work done prior to the termination and the CONSULTANT shall turn over to the OWNER all completed work in whatever form it then esdsts, and said work shall become the property of the OWNER. In the event of substantial breach of any provision of this Agreement by the CONSULTANT, its officers, agents, employees, and subconsultants, the OWNER shall have the absolute right and option to terminate this Agreement forthwith, and, in addition, may have and maintain any legal remedy against the CONSULTANT for its loss and damages resulting free such breach of this Agree- ment; provided, however, that as to all plans, drawings, esti- mates, specifications, proposals, sketches and calculations, together with all material and data theretofore furnished to the OWNER by the CONSULTANT, of a satisfactory nature in accordance with this Agreement, which plans, drawings, etc. are of use to the OWNER, the CONSULTANT shall be entitled to compensation, based on the contract rates, for the work so performed in a satisfactory manner and of use and benefit to the OWNER. 11 - ARTICLE %III. - CONSULTANT RECORDS ri—.__.__—_..__ __.— The OWNER, the Federal Aviation Administration, the Comptroller General of the United States, or any duly authorised documents, represent- atives thereof, shall have access to any books, documents, papers, and records of the CONSULTANT which are pertinent to the PROJECT for the purpose of making audits,examinations, excerpts, and transcriptions. The CONSULTANT shall maintain all records for three years after OWNER makes final payment and all other Pending matters are closed. ARTICLE XIV. - ATTACHMENTS TO AGREEMENT Exhibit "A," Exhibit "B," Exhibit "C," and Exhibit "D," which are appended at the end of this AGREEMENT, are hereby made a part of this AGREEMENT by reference and shall have the same full force and effect as if they were here written out in full. In the event of conflict between the terms of this AGREEMENT and the attachments hereto, the terms of this AGREEMENT shall prevail. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals at Penobscot County, effective the date first above written. By: CITY OFBANGOR, MAINE (OWNER) Attest: NOYLE, TANNER 6 ASSOCIATES. INC. (CONSULTANT) pp �.j By: �� Attest: .�LJL%✓_s�u Carl A. Tortolano, P.E. Senior Vice President - 12 - EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES ENGINEERING AND PROJECT ADMINISTRATION FOR • TERMINAL RAMP REHABILITATION - PHASE II, • INSTALL SECURITY FENCING, • REALIGN AIRPORT ACCESS ROAD, • TEMPORARY REPAIR OF SETTLEMENT ON RUNWAY 15-33, a RUNWAY 15-33 SETTLEMENT STUDY AT BANGOR INTERNATIONAL AIRPORT During the performance of this AGREEMENT, Hoyle, Tanner 6 Associates, Inc. for itself, its assignees and successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: 1. Compliance with Reculations. The CONSULTANT shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter "DOT") Title 49 Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter refer- red to as the Regulations), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Nondiscrimination. The CONSULTANT, with regard to the work Performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employ- ment practices when the AGREEMENT covers a program set forth in Appendix H of the Regulations. 3. Solicitations for Subcontracts- Includinc Procurements of Materlals and EOuipment. In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materialsor leases of equipment each potential subcontractor Page 1 of 3 at shall be notified by the CONSULTANT of the R'=s ligations dec hin�GRERMBNT ar5A the to nondiscrimination on the grounds of race, national 4. Information and R2POrts. The CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the OWNER or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, orders, and instruction. Where any information required of a Contractor is in the exclusive Posses- sion of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the OWNER or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Nonca�liance. In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this AGREEMENT, the OWNER shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but no limited to: a. Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT Complies, and/or b. Cancellation, termination, or suspension of the AGREEMENT in whole or in part. 6. Minority Business Enterprise Assurances. a. Policy. It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate In the perform- ance of contracts financed in whole or in part with federal funs under this AGREEMENT. Con- sequently, the FIDE requirements of 49 CFR Part 23 apply to this AGREEMENT. b. FIDE Obligation. The CONSULTANT agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to Participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this AGREEMENT. In this regard, all OWNERS or CONSULTANTS shall take all necessary an reasonable steps in accordance Page 2 of 3 with 49 CFR Part 23 to ensure that minority business -"'--enterprises nave-the-maximum-oppoctunity.._to competalor And_ perform contracts. The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of OOT assisted contracts. 7. Incorporation of Provisions. The CONSULTANT shall include the provisions of paragraphs 1 through 6 in every sub- contract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any subcontract or procurement as the OWNER or the Federal Aviation Administration may direct as a means of en- forcing such provisions including sanctions for noncompliance; provided however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONSULTANT may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the CONSULTANT may request the United States to enter into such litigation to - protect the interest of the United States. Page 3 of 3 EXHIBIT "B" AGREEMENT FOR PROFESSIONAL SERVICES � ENGINEERING AND PROSECT ADMINISTRATION FOR • TERMINAL RAMP REHABILITATION - PHASE II, • INSTALL SECURITY FENCING, • REALIGN AIRPORT ACCESS ROAD, • TEMPORARY REPAIR OF SETTLEMENT ON RUNWAY 15-33, • RUNWAY 15-33 SETTLEINT STUDY AT BANGOR INTERNATIONAL AIRPORT I hereby certify that I an the Senior Vice President and duly authorised representative of the firm Foyle, Tanner 6 Associates, Inc., whose address is Five Commerce Park North, Redford, New Hampshire 03102, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, firm or Person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract. (b) agreed, as an express or implied condition for obtain- ing this contract, to employ or retain the services of any firm or Person in connection with carrying out the contract, or (c) paid or agreed to Pay to any firm, organization, or Person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the con- tract, and (d) the consultant further certifies that the firm has internal accounting controls as required by section 39R (c) of chapter 30 and that the firm will file and continue to file an audited financial statement as required by subparagraph (d) of section 39R. Page 1 of 2 portation, in connection with this contract involving ation of Airport Improvement Program (ASP) funds and is to applicable State and Federal laws, Doth criminal and 6' i- Date) Carl A. Senior Viceice President Page 2 of 2 EXHIBIT "C". AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR • TERMINAL RAMP REHABILITATION - PHASE II, • INSTALL SECURITY FENCING, • REALIGN AIRPORT ACCESS ROAD, • TEMPORARY REPAIR OF SETTLEMENT ON RUNWAY 15-33, e RUNWAY 15-33 SETTLEMRNT STUDY AT BANGOR INTERNATIONAL AIRPORT The contractor or subcontractor, by sumnission of an offer and/or execution of a contract, certifies that it: a. is not Owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is Owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list. C. has not procured any product nor subcontracted for the supply Of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the goverment. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. Page 1 Of 2 --— 19ie-contsaetoz�hallp;oxidEl)m1le�,late written notice to the sponsor if the contractor learns that its cez£Ificat on of a subcontractor was erroneous when submitted or has became erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the goverment. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in goad faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent Person in the ordinary course of business dealings. This certification Concerns a matter within the jurisdiction of an agency of the United States of America andthemaking of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. Page 2 of 2 AGREEMENT FOR PROFESSIONAL SERVICES ENGINEERING AND PROJECT ADMINISTRATION �W • TERMINAL RAMP REHABILITATION - PHASE II, • INSTALL SECURITY FENCING, • REALIGN AIRPORT ACCESS ROAD, • TEMPORARY REPAIR OF SETTLEMENT ON RUNWAY 15-33, • RUNWAY 15-33 SETTLEMENT STUDY AT BANGOR INTERNATIONAL AIRPORT ARTICLE I. - SCOPE OF SERVICES - DESIGN PHASE A. Design Chief Engineer 60 hrs @ $28.75 = $ 1,725 Project Engineer 280 hrs @ $22.00 = 6,160 Staff Engineer 280 hrs @ $15.00 = 4,200 Chief Drafter 20 hrs @ $21.00 = 420. Drafter 200 hrs @ $14.00 = 2,800 Word Processor Operator 60 hrs @ $10.50 = 630 Direct Labor = $150935 Payroll Overhead (36.0% x D.L.) = 5,737 General & Admin. Overhead (127.0% x D.L.) = 20,237 Estimated Labor & Overheads Subtotal = $41,909 Estimated Direct Nonsalary Expenses Travel: Air Charter 2 trips @ 3 hrs @ $235/hr = $ 1,410 Auto 600 miles @ $.20 mi. = 120 Printing: Review Copies, etc. = 250 Bid Documents: 3 separate packages Fencing: 30 sets @ $40/set = 1,200 Ramp & R/W: 40 sets @ $50/set = 2,000 Road: 40 sets @ $50/set = 2,000 Communication & Postage = 300 Subtotal Expenses - = $ 7,280 Total Estimated Cost = $49,429 Page 1 of S Subconaultant - (Richard N. Perry, Jr.) Access Road Survey Field Survey _ $ 1,950 Reduction and Plotting = - 350 Final Drawing = 300 Administration and Review = 100 Expenses and Misc. = 100 Total = $ 2,800 C. Soils Access Road o Field - 10 borings @ 10' = 100 l.f. Assume: 3 8 -hr days @ $100/hr. _ $ 2,400 - BTA Coordination in Field 3 days @ 8 hr/day x $16.00/hr x 2.63 = 1,010 - Subsistence - 3 days @ $75 - = 225 e Laboratory Analysis Gradation 5 as @ $50 = 250 Hydromators 5 ea @ $60 = 300 Atterburgs 5 ea @ $60 300 Total = $ 4,485 SUMMARY Estimated Actual Coats I.A. Design $49,189 I.B. Survey 2,800 I.C. Boils 4,485 Estimated Total Actual Cost $56,474 USE: Actual Coat Not to Exceed = $56,500 Fixed Fee = 7_`00 TOTAL _ $63,800 Page 2 of '8 --"ARTICLE-1I---SCOPE-OF-SERVICES ---CONSTRUCTION_ PRA5E. A. Bidding Phase e Three separate bids will be taken on the same day. a Prebid conferences for the three projects will also be on the same day. a Three separate bids to be analyzed. Chief Engineer 24 bra @ $28.75 = $ 690 Project Engineer 16 bra @ $22.00 = 352 Staff Engineer 8 hrs @ $15.00 _ 120 Word Processor Operator 24 bra @ $10.50 = 252 Direct Labor = $ 1,414 Payroll Overhead (36.0% x labor) = 509 General 6 Admin. Overhead (127.0% x labor) = 1,796 Estimated Labor S Overheads Subtotal = $ 3,719 Direct Nonsalary Expenses *Travel: Air Charter 2 Trips @ 3.0 bre @ $235/hr = $ 1,410 Communications and Postage = 200 Subtotal = $ 1,610 Total Estimated Cost = $ 5,329 USE: Actual Cost Not To Exceed = $ 5,300 Fixed Fee - 550 TOTAL = $ 5,E50 Attend Prebid ".. -ting and bid opening. Page 3 of 8 B. General Construction Administration a 1988 Construction Season e Three Separate Projects 1. Fencing 2. Ramp and Runway 3. Access Road e 90 Calendar Days Construction Manager 80 bra @ $28.75 Project Engineer 40 bra @ $22.00 Staff Engineer 60 bra @ $15.00 Drafter 40 bra @ $14.00 Word Processor Operator/ Technical Assistant 48 bra @ $10.50 Direct Labor Payroll Overhead (36.08 x Labor) General & Admin. Overhead (127.06 x labor) Estimated Labor & Overheads Subtotal Direct Nonsalary Expenses: *Travel Air Charter 7 trips @ 3.0 bra @ $235.00 As .Built Printing communications & Postage Subtotal Total Estimated Cost USE: Actual Cost Not To Exceed Fixed Fee TOTAL *Trips: Pceconstruction Conference 1 Trips During Construction 3 Final Inspections (1 ea.) 3 Page 4 of 8 _ $ 2,300 880 = 900 = 560 504 $ 5,144 1,852 6,533 $13,529 $ 4,935 Sao 225 _ $ 5,660 _ $19,189 _ $19,200 2,000 $21,200 C. Resident Engineering 3 Projects under one grant - Access Road - 60 calendar days - Fencing - 60 calendar days - Ramp/R/W - 90 calendar days 90 calendar days/7 days/week = 12.86 weeks or 13 weeks 13 weeks x 5 days/week = 65 working days Resident Engineer e 65 working days x 9 hra/day = 585 hours e Prefield Preparation (3 contracts) = 24 hours a Postfield Closeout (3 contracts) = 32 hours 641 hours Assistant Resident Engineer a 30 working days @ 9 hrs/day = 270hours Labor Related Resident Engineer 641 bra x $18.50/hr x 2.63 = $31,188 Assistant R.E. 270 bra x $13.00/hr x 2.63 = 9,231 Subtotal _ $60,419 Expenses - - Per diem 65 days @ $60/day _ $ 3,900 30 days @ $60/day = 1,800 - Travel 8,000 mi @ $0.20 = 1,600 - Miscellaneous - Out -of -Pocket = 500 Subtotal _ $ 7,800 Estimated Actual Cost = $48,219 USE: Actual Cost Not to Exceed _ $48,250 Fixed Fee = 61050 TOTAL = $54,300 Page 5 of 8 -- ----D.-'Control-and- Testing-of -Materials 1. Verify and approve Sob mix formula for bituminous concrete to be furnished to the PROJECT and testing of aggregates. 1 @ $500/each = $ 500.00 1 Wear test @ $80 = 80.00 1 Soundness test @ $80 = 80.00 1 Gradation @ $50 = 50.00 2. Experienced bituminous plant inspector for in -plant control and testing. Est. 7 days @ $250/day and testing @ $250 = $ 2,000.00 3. Sampling and laboratory testing of crushed gravel base course 3 Proctors @ $60 = E 180.00 3 Gradations @ $50 = E 150.00 4. Field density tests on crushed gravel base courses. 15 teat @ $30 = $ 450.00 5. Conduct laboratory testing of corings of completed bituminous concrete pavements. 15 test @ $60 = $ 900.00 6. Determine in-place density of bituminous concrete pavement by laboratory testing. 15 test @ $30 = $ 450.00 7. Sample Portland cement concrete from the PROJECT and make, cure, and test the cylinder for compressive strength = $ 1,000.00 Total Estimated Cost = $ 5,840.00 USE: Actual Cost Not to Exceed = $ 6,000.00 Fixed Fee Payment V 900.00 Total = $ 6.900.00 Page 6 of 8 ARTICLE III. - SCOPE OF SERVICES - RUNWAY 15-33 SETTLEMENT STUDY = 300 Chief Engineer 24 hrs @ $28.75 = 300 $ 690 Project Engineer 120 bra @ $22.00 Survey = 2,640 Staff Engineer 40 hrs @ $15.00 = 600 Drafter 24 bra @ $14.00 Expenses and Misc. 100 = 336 Word Processor 24 bra @ $10.50 = 252 = 4,250 Field Supervision - 34 hrs @ $16.00 x 2.63 1,431 Subtotal $ 4,518 Payroll Overhead (36.09) Total Estimated Costs - = $22,223 = 1,626 General 6 Admin. Overhead (127.09 x labor) = 5,738 Estimated Labor 6 Overheads Subtotal = $11,882 Estimated Direct Nonsalary Expenses Travel: Air Charter 2 trips @ 3 hrs @ $235 $ 1,410 Auto 1,500 mi. @ $0.20 = 300 Subsistance: _4 overnights @ $75 = 300 Printing = 300 Postage 6 Communication = 150 Subtotal _ $ 2,460 Survey * Field Survey $1,500 Reduction and Plotting 300 Final Drawing 200 Administration and Review 100 Expenses and Misc. 100 Total = $ 2,200 * Includes air traffic interrupton. ** Soils Borings - 34 hrs @ $125 = 4,250 Field Supervision - 34 hrs @ $16.00 x 2.63 1,431 Subtotal = $ 7,881 ** Borings between 12 midnight and 6:00 a.m. Total Estimated Costs - = $22,223 USB: Actual Cost Not To Exceed = $22,200 - Fixed Fee Payment = $2,600 TOTAL = $24,800 Page 7 of 8 ARTICLE IV. - SCOPE OF SERVICES - PROJECT ADMINISTRATION Chief Engineer 24 bra ! $28.05 = $ 690 Project Engineer 32 bra @ $22.00 = 704 Staff Engineer 24 bra @ $15.00 = 360 Drafter 12 bra @ $14.00 = 168 Word Processor Operator 32 bra ! $10.50 = 336 Direct Labor = $ 2,258 Payroll Overhead (36.08 x labor) = 813 General R Admin. Overhead (127.08 x labor) = 2,868 Estimated Labor L Overheads Subtotal = $ 5,939 Direct Nonsalary Expenses Travel - Air Charter 2 trips @ 3.0 bra @ $235 Communications, Postage, and Printing Subtotal Total Estimated Costs USE: Actual Cost Not To Exceed Fixed Fee TOTAL Page 8 of 8 _ $ 1,410 = 200 $ 1,610 _ $ 7,549 _ $ 7,500 900 $ 8.400