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Home My WebLink About1984-11-26 85-31 ORDER85-31 Introduced by Councilor McCarthy, NoveNner 26, 1989 CITY OF BANGOR (TITLE) (0rb9T,. Aubhorising City Engineer to Hater into, Agreement with -% Hoyle, Tenser &. Associates,, Tap. .,tpr engineering services at BU - Heagg_Duty Ramp' Dneinege Trenoh, Rehabilib®tion ,. By My edt of%M City ofBsuW. ORDERED, THAT the City Homages be and hereby is authorised to enter into an Agreement with Hoyle, Tanner & Associates, Inc. for the study and preliminary design of the rehabilitation to the heavy duty ramp drainage trenches, a copy of said Agreement being on file in the City Clerk's Office. STATEMENT OF FACT: This project will be funded through the FAA Airport Improve- ment Program, and will provide a solution to the problem of the failure of portions of the drainage trenches on the heavy duty ramp, thought to be caused by expansion of the ramp concrete. HS -31 In City Council November 26,1984 O R D E R Referee to finance tmmittee confider ne13.1eegitar md'NZ che...:, to Mann er heeding change engineer. T 1 to Manager Agreemi t w City erg er enter into 9'(e -�. �7 � Agreement with Hoyle,T k Associates y�!. ci yt,eJ „�.Wk -e ook4 �......-.� .. x f eraineertra services at eia �S� ...: :..:...:......... .............. .. Heavy duty Oraixage Trench Rehabilitation IN CITY COUNCIL December 10 1984" Introduced and filed by Referred to A1rmrt Committee J� ' Co der next regular meeting. � .. .u:.�!.��L. �.`cilman CITY ZN CITY CONLIL d - December 26, 1980 In City eeweil denwry 14.1985 _ Referred to Airport Co:ulttee Passed C at next meeti / --- , -DRAFT no Dim AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES AIR CARRIER RAMP DRAINAGE STRUCTURES REHABILITATION AOAP Project No. 6-23-0005-09, Contract No. 2 and AIR Project No. 3-23-0005-01, Contract No. 2 BANGOR INTERNATIONAL AIRPORT This AGREEMENT made and entered into at Penobscot County, Maine, effective the 1st day of dune , 1983, by and between the City of Bangor, Maine (hereinafter called the OWNER) and the firm of Hoyle, Tanner i Associates, Inc., Consulting Engineers, Londonderry, New Hampshire (hereinafter called the CONSULTANT). WITNESSETH: WHEREAS, the OWNER wishes to undertake a PROJECT consisting of various airfield improvements at Bangor International Airport, which improvements are more specifically' described as follows: 1. Rehabilitation O.I.A. ir Carii er Eam Drainage Structures: The wor shall incly econstruction of portions of transverse trench -type reinforced concrete drainage structures which are located in the area of the main ramp used for civil air carrier operations both domestic and international. The foregoing to be hereinafter referred to as the PROJECT; and WHEREAS, the ONNER intends to partially finance said PROTECT with financial aid from the U.S. Government acting through the Federal Aviation Administration (hereinafter the FAAI under the Airport Improvement Program (AIP) and the Airport Development Aid Program (ADAP); and WHEREAS, -the -OWNER also intends t0 partially finance Said PROJECT with financial aid from the State of Maine acting through the Maine Department of Transportation (hereinafter the Maine DOT); and WHEREAS, AIR Project No. 3-23-0005-01 provides monies for the study phase of the PROTECT; and WHEREAS, ADAP Project NO. 6-23-0005-09 provides monies for the preliminary design phase of the PROJECT: and WHEREAS, the PROJECT will require approval by the FAA, the Maine OUT and local government agencies; and WHEREAS, the services of a professional engineer or engineering -firm are required by the OWNER to prepare an engineering study, preliminary designs and estimates; and WHEREAS, such services are of a distinct professional and non-competitive nature; and the OWNER has selected the 'CONSULTANT to provide the required services as a continuation of engineering . services already completed; _ NOW 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 d0 hereby agree as follows: ARTICLE I. SCOPE OF SERVICES - STUDY PHASE Due to the fact that the phenomenon of "growing concrete" has - - caused failure of the transverse trench -type reinforced concrete drainage structures, the solution to the problem cannot be obtained using straightforward design .techniques. As a result, the CONSULTANT shall undertake a design study to determine feasible solutions to the problem. The CONSULTANT's work under this paragraph shall include, but not. necessarily be Iimited to: �. 1. Investigate existing conditions of the apron slab, drain trenches, adjoining building foundations, and edge conditions of the slab. 2. Research necessary data on the growing concrete. 3. Compile all field data and develop the rate of expansion of the.. existing slab. . - 2 - q, Prepare preliminary solutions for correcting the existing problems. 5. Meet with the FAAr Maine OOT and the OWNER to present preliminary solutions. work under this Article is included under AIR Project No. 3-23-0005-01. ARTICLE II. SCOPE OF SERVICES - PRELIMINARY DESIGN PHASE The CONSULTANT shall undertake and complete preliminary designs of the construction included in the PROSECT, and shall prepare preliminary contract plans, specifications, andconstructioncost estimates. The CONSULTANT'S work under this paragraph shall include but shall not necessarily be limited to: 1. Attendance at FAA Pre -design conference and preparation of a .report of the meeting. . 2. -Determination of applicable design criteria as established by rules, regulations, etc. of FAA, and by present professional engineering standards. 3. Preparation of a Preliminary report identifying construction methods; and including preliminary cost estimates and sketches. 4. Preparation of all necessary preliminary design sketches, design memoranda, computations, etc. 5. Preparation of reproducible preliminary construction plans of the proposed PROSECT construction. 6. Preparation of preliminary construction specifications for the PROSECT work. L 'Coordination of all preliminary design work with the OWNER, the FAA, and the City of Bangor, and including submission of preliminary plans and specifications for review and approval. B. Making revisions to preliminary plans and specifications as required to obtain the approval of the FAA and City of Bangor. Work under this Article is included under ADAP Project No. 6-23-0005-09. - 3 - ARTICLE III. COMPENSATION A. General The CONSULTANT shall charge for all services requested by the OWNER and rendered by the CONSULTANT in connection with the PROJECT in strict accordance with the conditions set forth in this Article of theAGREEMENT. The charges made by the CONSULTANT under this Article and the payment of said charges by the OWNER shall constitute full compensation for all expenses incurred by the CONSULTANT in connection 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's profit. B. Lump Sum Fees The CONSULTANT shall charge lump a= fees for all work under this AGREEMENT. The lump sum fees to be charged by the CONSULTANT and paid by the OWNER shall be as follows: 1.- For all work under ARTICLE'S, "SCOPE OF SERVICES - STUDY PHASE", a lump sum fee of eight thousand, seven hundred and 00/100 dollars ($8;]09.00). 2. For all work under ARTICLE II, "SCOPE OF SERVICES - PRELIMINARY DESIGN PHASE," a lump sum fee of sixteen thousand, six hundred and 00/100 dollars ($16,600.00). ARTICLE IV. TINE 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 promptly review and process the monthly application and shall make payment to the CONSULTANT on a monthly basis. ARTICLE V. WORE NOT INCLUDED Services, that are not included in this AGREEMENT are the following: 1. Final design phase services - 4 - i Project administration services such as assistance with advertising for bids, preparation and assistance with forms and artial supporting fromtheFAAnto duringtain construction. final grant 9 payments 3. Construction phase services. These services will be provided under a supplemental agreement Or a new agreement between the CONSULTANT and the OWNER since the scope of services required by the OWNER is undefined until the work included in this AGREEMENT is Completed. ARTICLE VI. ADDITIONALWORK If, during the term of this AGREEMENT, the scope or character of the work is changed substantially• or if the time for completion is increased substantially due to circumstances beyond the control of the CONSULTANT; and if such changes therebyincrease the work to be performed by the CONSULTANT• an additional shall be paid to the CONSULTANT. The additional work and the amendments to therefore shall saiprovided amendment tona written be negotiated by _ the to this AGREEMENT and a by the FAA and the the OWNER d the CONSULTANTr approved Maine DOT. - ARTICLE VII. TIME FOR COMPLETION. The CONSULTANT shall complete all work under Article I of this AGREEMENT Within 60 days of receipt of the field survey to be provided by the City of. Bangor Engineering Department. The CONSULTANT shall complete all work under Article II of this AGREEMENT and submit preliminary construction Pllans and havingcost estimates to the FAA, Maine DOT and Other agencies jurisdiction within 60 days of receiving written comments on the study phase (Article 1) report from the above-mentioned agencies. ARTICLE VIII. ASSIGNED PERSONNEL tered The CONSULTANT shall assign an acceptable ptortheeOPRiBR�st be in Professional Engineer, responsible charge of the,work performed under this AGREEMENT. The CONSULTANT shall not replace the person in charge without the OWNER. The CONSULTANT shall assign such other permission of be necessary from time to time to Personnel to the work as may complete the work as required. ARTICLE IX. TO BE PROVIDED BY THE OWNER A. Existing Information The OWNER shall provide the CONSULTANT with all available information, data, plans, etc., pertinent to the CONSULTANT's work under this AGREEMENT. The OWNER shall assist the CONSULTANT as necessary to obtain available pertinent information from Federal, State or local officials or from other engineers or others who have' previously worked for the OWNER on matters affecting this PROJECT. B. Access for Field Work It will be necessary for the CONSULTANT's field crews to undertake field surveys, 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 timely basis including making necessary and proper arrangements with the airport users, issuance of NOTAMS, etc. ARTICLE X. COMPLIANCE WITH REGULATIONS As the PROJECT is to be partially financed with Federal and State grant aid, and will be subject to approval by the Maine DOT, FAA and various other agencies, it is a specific requirement of this AGREEMENT that all work done by the CONSULTANT be in strict compliance with all rules, regulations, standard specifications, or other requirements of the. Federal Aviation Administration, the Maine DOT and other governmental agen a having jurisdiction. It shall be the CONSULTANT's obligation to assist the OWNER in obtaining all required approvals. ARTICLE XI. TERMINATION - The AGREEMENT may be terminated lin full o n part) by the OWNER upon 5 days. 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 exists and said work shall then become the property of the OWNER. ARTICLE XII. CONSULTANT'S RECORDS The OWNER, the Federal Aviation Administration, the Comptroller General of the United States, or any duly authorized representatives 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, - 6 - 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 XIII. ATTACHMENTS TO AGREEMENT Exhibit "A" and Exhibit "B" which are appended at the end of this AGREEMENT are hereby made a part of this AGREEMENT by reference and shall have the same force and effect as if they were here written out in full. In the event of conflict between the terms of this. AGREEMENT and theattachments 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. Signed By: _ Name and Title: CITY OF BANGOR, MAINE OWNER) HOYLE, TANNER 6 ASSOCIATES, INC. (CONSULTANT) Signed By: Name and Title: - Sohn N. Tanner, President EXHIBIT B AGREEMENT. FOR PROFESSIONAL ENGINEERING SERVICES AIR CARRIER RAMP DRAINAGE STRUCTURES REHABILITATION ADAP Project No. 6-23-0005-09, Contract No. 2 and AIP Project No. 3-23-0005-01, Contract No. 2 BANGOR INTERNATIONAL AIRPORT I hereby certify that I am the President and duly authorised representative of the firm Hoyle, Tanner & Associates, Inc., whose address is One Technology Park, Londonderry, New Hampshire 03053, 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 AGREEMENT, or (b) agreed, as an express or implied condition for obtaining this AGREEMENT to employ or retain the services of any .. firm or person in connection with carrying outthe AGREEMENT, or (c) paid or agreed to pay to any firm, organization, o person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, o sideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States Department of Transportation, in connection with this AGREEMENT involving participationofAirport Improvement Program (AIP) funds and is subject to applicable State and Federal laws, both criminal and civil. John W. Tanner Page 1 of 1 EXHIBIT A AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES AIR CARRIER RAMP DRAINAGE STRUCTURES REHABILITATION ADAP Project No. 6-23-0005-09, Contract No. 2 and AIP Project No. 3-23-0005-01, Contract No. 2 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. Com liance with Regulations. 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 referred 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 perfonse by it using t e 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 0£ the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts: Includina Procurements of Materials and Equ pment. In all so citations either y competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of - materials or leases ofequipment each potential subcontractor or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information andReports. The CONSULTANT shall provide all information and reports regulred 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 Page 1 of 3 4. Information and Reports., cant required of a CONSULTANT is in the exclusive possession 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 Noncoffliance. In the event of the CONSULTANT's noncompliance wrth 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 not limitedto: 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 - Transportationthat minority business enterprises as defined in 49 CFR Part shall have the maximum opportunity to participate in the performance of. contracts financed in whole or in part with federal - - funds under this AGREEMENT. Consequently, the MBE requirements of 49 CFR Part 23 apply to this AGREEMENT. b. NBE Obligation. The CONSULTANT agrees to an sure that minority business enterprises as defined in49 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 and reasonable steps in accordance with 49 CFR Part 23 tc ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the award and presentation of DOT assisted agree- ments. Page 2 of 3 7. Incorporation of Provisions. The CONSULTANT shall include the provisions o Paragraphs 1 through 6 in every subcontract, including procurements of materials an 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 enforcing 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 OWNER to enter into such litigation to protect the interests of the OWNER, 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 AGR@ID51' Fqi PADFES$ICML PNGIL�2IIvG SEKJZCES ' AIIt CAPRIaSt FAMP DRAII@LE SPAU(.1'IBtt5 EIIP+DILpfATIq� -- ADTY Project M. 6-23-0005-09, C9ntiact M. 2 and AIP Project M. 3-23-0005-02, BAHC/JR INIEIINTIQAL �att M. 2 NpPoIS ARZ2ITF. Z. SCOPE OE SERVICES - SNNy AN.SB Principal 4 hrs. @ $26.25 = $ 105 Chief Engineer 8 hre. @ $19.50 = 156 Project Exiineer 32 hra. @ $14.50 = 464 Senior Structural Mg@neer 32 hrs. @ $24.50 = 784 Structural Engineer 40 hrs. @ $16.00 = 640 Chief Drafter 2 hra. @ $13.50 = 27 Dmfter 16 hrs. @ $10.00 - 160 Wuxd Processor C�ratrr 12 t S. @ $ 7.50 = 90 Direct Iabor- _ $ 21426 Payroll Overhead 138.68 x I r7 936 Cereral 6 a�un. Werhead (118.98 x Iab9r( _ 5 6,247 Profit - 158 = 937 $ 7,184 Miscellaneous Direct Non -Salary Eg]e11ee8: Travel $1,000. Printi�q, etc. - Soo - $500 Tf1fAL _ $ 8,684 $ 8,700 Principal 16 hrs. @ $26.25 = $ 420 Chief EngS M 32 hm. @ $19.50 = - 624 pmjem L ginner 48 hrs. @ $14.50 = 696 Senior Stmctnral Ltyfneer 48 hrs. @ $24.50 = 1,176 Stm al Etyineer 80 hm. @ $16.00 Printing 1,280 Chief Drafter 12 hm. @ $13.50 = 162 Draft¢ 40 hm. @ $10.50 = 420 Ward Prac ssor Cperator 24 M1xs. @ $ 7.50 = 180 Direct labor $ 4,958 Payroll Orr d (38.68 x Lehor) = 1,914 General a AdRu:. Overhead. (118.9% x Iatorl = 51895 $ 12,767 Profit - 15%- - = 1,915 $ 14,682 t4isrnllsne Direct Nmla © ms: - Travel: Air£am - 2 r trips x 2 men x $228 $ 912 Im®1 Travel 100 xorels: 2 ven x 2 days x $65 260 eteala: 2 men x 2 days x $40/day 160 Printing 300 MSSC., Postage, CanYNlli_ cation, etc. 150 $1,882 - $ 1,882 TOTAL = $ 16,564 USE _ $ 16,600 FIGME 1 - BR4MRY O FEES - 3 - a. sup. isim A B C 0 E b, stgineering 3152 157.5% 158 9,333 c. Diafti+ DII4'CT Cveshmd OII�R PB'�F'TT SUHPRAL 1TBM d. Typ> IAroR (e of A) CCS15 (% of At ) (A+B CW) - 1. SRVDY PHASE SOBIIIRAL 14,682 . 9J6ttfiN. (lE -+n) a. Si isi= -261 411 — 101 773 b. EugimerLy 1888 2974 -- 729 5,591 C. Dsaf+:.,g 187 295 — 72 554 d. 04ping 90 142 — 35 267 50630fAL $ 3,382 6. $OETWAL 7,185 - 3 - a. sup. isim 1044 1644 — 403 3,091 b, stgineering 3152 4964 — 1217 9,333 c. Diafti+ 582 917 -- 225 1,724 d. Typ> 180 284 — 70 534 - SOBIIIRAL 14,682 3. 9J6ttfiN. (lE -+n) - $21,867 5. TRAVEL, SUe5I5TE}'E 6 F]]TD E%PFNSES a. Study Pbase 1,500 b. R Iimin Design - 1,882 50630fAL $ 3,382 6. 10EAL FEE (4 + 5) $25,249 EDNTP} $25,300 - 3 -