HomeMy WebLinkAbout1984-11-26 85-32 ORDER03-32
Introduced by Councilor McCarthy, November 26, 1969
CITY OF BANGOR
(TITLE.) (D*r, Authorizing City Manager to_Enter into Contract with
Hoyle,Tanner & Associates, Inc. for Engineering Services at BSA -
Hmwgy Sensor System
By tU CUV Coutuid of 94 City of Bangor:
ORDERED,
THAT the City Manager be and hereby is authorized to enter
into an Agreement with Hoyle, Tanner & Associates, Inc. for
engineering services involved in the final design of 'a runway
surface sensor system at Bangor International Airport, a copy
of said Agreement being on file. in the Office of the City Clerk.
STATEMENT OF FACT:
This project will be funded through the FAA Airport Improve-
ment program, and will provide a system to monitor the icing
conditions on the 'runway,to provide more exact warning of the
occurrence of icing conditions, thereby improving the .safety
of the runway.
In City Council November 26,1984
reYered to France Committee
consider next regular meeting
C't Clerk
IN CITY COUNCIL
Decerner 10, 1984
��Z4
clJcnK
D5-32
D RDIR
Title,
AVEborizizg City Ma,aQer to E er ie o
Scntract-with Hoyle -Tanner & Associates
.Runway S:nsoineexioa .SecYices .§S.SLA.
,.
Runway Sensor system
Introduced and filed by
/ Cowcilman
Introduced by Councilor Mcamthy, November 26, 1989
CITY OF BANGOR
on
(TITLE) MTAber, Anthp£3zing City, Manager to -Enter anto_Coatract with
Boyle. Tanner & Associates, Inc. for Fagimer3ng Services at BIA
Bunw Sensor bps em
By the City Councit of MY ofBanor:
ORDERED,
THAT the City Manager be and hereby is authorized to enter
into an Agreement with Hoyle, Tanner & Associates, Inc. for
engineering services involved in the final design of a runway
surface sensor system at Bangor International Airport, a copy
of said Agreement being on file in the Office of the City Clerk.
In City Council
December 10, 1989
Passed
sue Copy, At at
y Clerk
HTATMM OF FACT:
This project will be funded through the FAA Airport Improve-
ment program, and will provide a system to monitor the icing
conditions on the runway, to provide more exact warning of the.
occurrence of icing conditions, thereby improving the safety
of the runway.
c
AGREEMENT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROJECT ADMINISTRATION
FOR
INSTALLATION OF A RUNWAY SURFACE CONDITION SENSOR SYSTEM
RIP Project No. 3-23-0005-02
at
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
This AGREEMENT is made and entered into at Penobscot County,
Maine effective the 6t1a day of August, 1984, by and between the
City of Bangor, Maine (hereinafter called the OWNER) and the firm
of Royle, Tanner E Associates, Inc., Consulting Engineering,
Londonderry, New Hampshire (hereinafter called the CONSULTANT).
WITNESSETH:
MEMBERS, the OWNER is the owner and operator of the Bangor Inter-
national Airport located in Bangor, Maine; and
WBEREAS, the OWNER wishes to undertake a PROJECT consisting Of
the installation of a Runway Surface Condition Sensor System
in accordance with the requirements of Federal Aviation Admini-
stration (FAA) Advisory Circular 15015220-13A dated April 22,
1983 entitled "Runway Surface Condition Sensor Specification
Guide", and specifically including the following:
e Central Processor Unit (CPU) including video terminal,
printer, radio, antenna, modems and software. - -
e Remote Processor Unit (RPU) including air temperature
sensor, relative humidity sensor, precipitation sensor,
wind speed and direction sensor, radio, antenna and
modem.
e Surface Sensors
0 0
All the above described work to be hereinafter called the
PROJECT; and
WHEREAS, the OWNER intends to partially finance said PROJECT with
financial aid from the U.S. Goverment acting through the Federal
Aviation Administration (hereinafter the FAA) under the Airport
Improvement Program (hereinafter RIP); and also with financial
aid from the State of sine acting through the sine Department
of Transportation (hereinafter sine DOT); and.
WHEREAS, the OWNER has already undertaken certain actions, and
will undertake other actions, required to obtain the
aforementioned Federal and State financial aid for the PROJECT;
and
WHEREAS, the PROJECT will require approval by the FAA, the sine
DOT and local government agencies; and
WHEREAS, the FAA has determined the equipment for the Runway
Surface Condition Sensor System to be a "Sole Source" item, and
that the OWNER is allowed to negotiate the purchase of said
equipment with the equipment manufacturer; and .
WHEREAS, the OWNER has entered into a contract for the construc-
tion of centerline and touchdown zone lighting systems which
systems are under construction at this time; and
WHEREAS, the FAA has determined that it would be beneficial to
the OWNER, and the users of the airport, to allow the OWNER to
negotiate the installation of a portion of the Runway Surface
Condition Sensor System with the contractor presently working on
the airport's sole runway; and
WHEREAS, the OWNER intends to amend said construction contract to
include the installation of portions the Runway Surface Condition
Sensor System; and
WHEREAS, the remaining installation of the Runway Surface Sensor
System will be competitively bid using Federal, State and local
practices; and
WHEREAS, the services of a professional engineer or engineering
firm will be required by the OMER to prepare final designs, con-
tract plans and specifications, final estimates of construction
costs; to provide general construction administration; to assist
the OWNER in negotiations with the "Sole Source". equipment
anufacturer/supplier for the purchase of the Surface Sensor
equipment; to assist the OWNER innegotiations with the
contractor, presently working on the runway, to install a portion
of the system; to assist the OWNER with the bidding phase on the
portion of the work that will be let to bid; to assist with
project administration; and, to otherwise assist the OWNER in the
conduct of the PROJECT; and
- 2 -
WHEREAS, 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 Ad-
visory Circular 150/5100-14, dated January 13, 1981; -
NOW THEREFORE, in consideration of these premises and of the
satrsfactory performance by the CONSULTANT of the services here-
inafter provided and for the payments to be made therefore by the
Came,. the CONSULTANT and the OWNER do hereby agree as follows:
ARTICLE I. SCOPE OF SERVICES - DESIGN PHASE
A. final Design
The CONSULTANT shall undertake and complete final designs of the
various improvements included in the PROJECT, and prepare
contract plans, specifications, estimates and the like, complete
and ready for negotiation for construction of the PROJECT.
The CONSULTANT'S work under this paragraph will include:
1. Determination of applicable design criteria as estab-
lished by rules, regulations, etc. of FAA, and by pre-
sent professional engineering standards.
2. Preparation of all necessary final design sketches,
design memoranda, computations, etc.
3. Preparation of a complete set of reproducible
construction plans detailing all of the proposed
PROJECT construction.
4. Preparation of construction specifications for the PRO-
JECT work including all required general conditions,
special conditions, technical specifications, etc., com-
plete, readyfornegotiation with manufacturers/sup-
plier and contractors.
5. Coordination of all final design work with the OWNER,
the FAA and Maine DOT, including submission of construc-
tion plans and specifications for review and approval.
6. Making revisions to construction plans and specifica-
tions as required to obtain the approval of the FAA and
Maine DOT.
7. Preparation of detailed final construction cost esti-
mates for the PROJECT work.
8. Printing of final construction plans, specifications,
contract documents and the like as required for review
and approval submissions, and for bidding and
negotiation purposes.
- 3 -
ARTICLE if. SCOPE OF SERVICES - CONSTRUCTION PRASE
The CONSULTANT shall provide engineering services throughout the
bidding and construction periods. The services which shall be
provided under this Article will includes
A. Bidding
1. Assist OWNEA in issuance of bid documents.
2. Attend pre-bid conference as deemed necessary by ONNER
or the FAA, and advise as to matters relating to design
as they may arise during the bidding.
3. Prepare revisions or addenda to bid documents, if
necessary.
4. Assist OWNER in evaluating bids and sub -bids and/or
proposals, recommend to OWNER and the FAA the award or
rejection of bids, and assist in assembling, awarding
and executing Contract Documents.
B. General Construction Administration
1. Assist the OWNER in negotiation for the purchase of
equipment and for the installation of said equipment,
and assist in assembling, awarding and executing Con-
tract Documents.
2. Preparation and negotiation of change orders and
supplemental agreements.
3. Consultation and advice to the OWNER during
construction.
4. Preparation of supplementary sketches required to
resolve actual field conditions encountered.
5. Reviewing detailed construction, shop, and erection
drawings submitted by contractor for compliance with
design concept.
6. Reviewing and analyzing laboratory, shop, and mill test
reports and certificates for materials and equipment.
7. Review and approval of periodic estimates submitted by
the resident engineer for partial and final payments to
the contractor.
4
tfo
B. General Construction Administration (Cont
S. Making periodic 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
the performance 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.
ARTICLE III. SCOPE OF SERVICES - PROJECT ADMINISTRATION
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:
1. Preparation of forms and supporting back-up material
required in connection with obtaining the Federal
grants, including both preapplications and final grant
application.
2. Preparation and assistance with forms and supporting
documentation required by the OWNER to obtain partial'
and final grant payments from the FAA and the Maine
OOT under each grant.
3. As reasonably requested, assistance with any other
administrative -type work required by the. OWNER in
connection with the PROJECT.
ARTICLE IV. COMPENSATION
A. General
The. CONSULTANT shall charge for all services requested by the
OWNER and rendered by the CONSULTANT in connection with the
PROTECT in strict accordance with the conditions set forth in
this Article of the AGREEM .
5
The charges made by the CONSULTANT under this Article and the
payment of said charges by the OWNER shall constitute fall
compensation for all expense 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 sum fees for all work under
Article I, Article II, and Article III of this AGREEMENT. The
lump am fees to be charged by the CONSULTANT and paid by the
OWNER shall be as follows:
1. For all work under Article I, Paragraph A, "Final De-
sign," a Lump Sum Fee Of Seven Thousand and 00/100
Dollars ($7,000.00).
2. For all work under Article II, Paragraph A. "Bidding,"
a Lump Sem Fee of Two Thousand, Six Hundred and 00/100
Dollars ($2,600.00).
3. For all work under Article IE, Paragraph B. "General
Construction Administration," a Lump Sum Fee of Two
Thousand, Nine Hundred and 00/100 Dollars ($2,900.00).
4. For all work under Article III, "Scope of Services -
Project Administration," a Lump Sum Fee of One
Thousand, Five Hundred and 00/100 Dollars ($1,500.00).
ARTICLE V. TIME 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 forme approved by the OWNER. The OWNER shall prompt-
ly review and process the monthly applications and shall make pay-
ment to the CONSULTANT on a monthly basis.
ARTICLE VI. ADDITIONAL WORK
If, during the term of this contract, the scope of 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 OWNER and
the CONSULTANT, and approved by the FAA and the Maine DOT.
- 6 -
0 0
ARTICLE VII. TIME FOR COMPLETION
A. Final Desiqn
The CONSULTANT shall complete all work under Article I of this
AGREEMENT and submit completed construction plans and specifi-
cations to the OWNER and the FAA and other agencies having juris-
diction for review on October 1, 1984.
B. General Construction and Project Administration
The CONSULTANT shall undertake all work under Articles 11 and III
of this AGREEMENT in a timely fashion as requested by the OWNER
and as required tofacilitate progress and completion of the -PRO-
JECT.
ARTICLE VIII. ASSIGNED PERSONNEL
The CONSULTANT shall assign an experienced Registered Profes-
sional Engineer, acceptable to the OMER, to be in responsible
charge of the work performed under this AGREEMENT
The CONSULTANT 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 I%. 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 officialsorfrom 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 personnel to inspect
existing buildings and facilities, 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.
7
ARTICLE X. COMPLIANCE WITH REGULATIONS
As the PROJECT is to be partially financed with Federal grant
aid-, and will be subject to approval by the 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 and other
governmental agencies having jurisdiction. It. shall be the
CONSULTANT'a obligation to assist the OWNER in obtaining all
required approvals.
ARTICLE XI. TERMINATION
This AGREEMENT may be terminated (in full or in part) by the
OWNER upon 5 days written notice to the CONSULTANT. Upon such
termination, the OMER 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.
In the event of substantial breach of any provision of this
AGREEMENT by the CONSULTANT, itsofficers, agents, employees, and
subconsultanta, the.OWHER 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 from such breach of this
AGREEMENT; provided, however, that as to all plans, drawings,
estimates, 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 plane, 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.
ARTICLE XII. CONSULTANT 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,
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.
F 3 E
ARTICLE XIII. ATTACHMENTS TO AGREEMENT
Exhibit "A", Exhibit "B" and Exhibit "C", 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 the attachments
hereto, the terms of this AGREEMENT shall prevail.
IN WITNESS WHEREOF, the parties hereto haveaffixedtheir seals
and hands of their duly authorized officers at Penobscot
County, Maine, effective the date first above written.
City of Bangor, Maine
)Ow 1n)
BY: ATTEST:
UQ,LE, TANNER 6 ASSOCIATES, INC.
)CONSULTANT) _
BY: TTEST:/�. ti
6/James D. B o roy
senior Vice Preside
9 -
10 0
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROSECT ADMINISTRATION
FOR
INSTALLATION OF A RUNWAY SURFACE CONDITION SENSOR SYSTEM
ALP Project No. 3-23-0005-02
at
RANCOR INTERHATIONAL AIRPORT
BANGOR, MAINE
During the performance of this contract, Hoyle, Tanner a
Associates, Inc. for itself, its assignees and successors in
interest (hereinafter referred to as the "Contractor') agrees as
follows:
1. Compliance with Regulations. The Contractor shall
comply with the Regu at ons re at ve to nondiscrimination in
Federally -assisted programs of the Department of Transportation
(hereinafter 'D ") 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 contract.
2. Nondiscrimination. The Contractor, with regard to the
work performed y i>ing the contract, shall not discriminate
on the grounds of race, color, or national origin in the
selectionandretention of subcontractors, including procurements
of materials and leases of equipment. The Contractor shall not
participate either directly or indirectly in the discrimination
prohibited by section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth
in Appendix B of the Regulations.
Page 1 of 3'
3. Solicitations for Subcontracts: Includin Ing pre
of Materials and Equ Pment. In all sol rcrtatrons e t erc
o
mpe-
titive bidding or negotiation made by the Contractor for work to
be performed under a subcontract, including procurements of
materials or leases of equipment each potential subcontractor or
supplier shall be notified by the Contractor of the contractor's
obligations under this contract and the Regulations relative to
nondiscrimination on thegroundsof race, Color, or national
origin.
4. Information and Reports. The Contractor shall provide
all information and reports required by the Regulations, or direc-
tives 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 sponsor 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
possession of another who fails or refuses to furnish this
information the Contractor shall so certify to the sponsor or the
Federal Aviation Administration as appropriate, and shall set
forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the Con-
tractor'snoncomp�with the nondiscrimination provisions of
this contract, the sponsor shall impose such contract sections as
it or the Federal Aviation Administration may determine to be ap-
propriate, including, but not limited to:
a, withholding of payments to the Contractor under
the Contract until the Contractor complies, and/pr
I. Cancellation, termination, or suspension of the con-
tract 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 maxi-
mum opportunity to participate in the performance
of contracts financed in whole or in part with
federal funds under this agreement. Consequently,
the RBE requirements of 49 CFR Part 23 apply to
this agreement.
Page 2 of 3
MBE obligation. The Contractor agrees to ensure
that minority business enterprises as defined i
49 CPA Part 23 have the maximum opportunity to par-
ticipate in the performance of contracts and sub-
contracts financed in whole or in part with
federal funds provided under this agreement. in
this regard, all sponsors or contractors shall
take all necessary and reasonable steps in ac-
cordance with 49 CFR Part 23 to ensure that
.minority business enterprises have the maximum op-
portunity to compete for and perform contracts.
The Contractor shall not discriminate on the basis
of race, color, national origin, or sex in the
award and performance of DOT assisted contracts.
7. Incorporation of Provisions. The Contractor shall in-
clude the provrs ons of paragraphs 1 through 6 in every subcon-
tract', including procurements of materials and leases of equip-
ment, unless exempt by the Regulations or directives issued pur-
suant thereto. The. Contractor shall take such action with res-
pect to any subcontract or procurement as the sponsor 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 Contractor becomes involved
in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, the Contractor may re-
quest the sponsor to enter into such litigation to protect the in-
terests of the sponsor and, in addition, the Contractor may re-
quest the United States to enter into such litigation to protect
the interest of the United. States.
Page 3 of 3
0 0
EXHIBIT B
AGREEMENT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROSECT ADMINISTRATION
FOR
INSTALLATION OF A RUNWAY SURFACE CONDITION SENSOR SYSTEM
AIP Project No. 3-23-0005-02
AT
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Senior Vice President and duly .
authorized representative of the firm Doyle, Tanner a 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 ccmmisaion, 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
obtaining this contract, to employ or retain the
services of any firm or person in connection with
carrying out the contract, or
Page 1 of 2
O
(c) paid or agreed to pay to say 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
contract.
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 contract involving
participation of Airport Improvement Program (AIP) funds and is
subject to applicable State and Federal laws, both criminal and
civil,
/ P 9 h
tuatep James M Southro
Page 2 of 2
EXHIBIT C
AGREEMENT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROSECT ADMINISTRATION
FOR
INSTALLATION OF ARUNWAY SURFACE CONDITION SENSOR SYSTEM
AIR Project No. 3-23-0005-02
AT
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
ESTIMATED ENGINEERING COSTS
ARTICLE I. SCOPE OF
SERVICES
- DESIGN PSASE
_
A. Final Design
-
Noun
AMOUNT
TOTAL
Chief Engineer
8
21.00
=
5 168
Project Engineer
56
15.00
=
840
Electrical Engineer
8
20.00
=
160
Staff Engineer
20
12.00
=
240
Chief Drafter
4
14.50
58
Drafter
24
11.00
=
264'
Technical Typist
16
7.50
120
Direct Labor
_
$1,850
Payroll Overhead 440.7%
x Labor)
_
753
General 6 Admin. Overhead
)128.08
x Labor)
=
2 36688
Total Labor & Overheads
4,9"!1
Profit - 158
=
746
-" Total Labor, Overheads
6 Profit
=
5,717
Miscellaneous Direct Non -Salary Expenses:
Travel
$ 500
Printing Plans and Specifications 750
30 .sets @ $25 Ea.
Communications S Miscellaneous
50
$1300
=
11300
Total
=
57,017
OSE: Contract
Lump Sum
=
$7,000
Page 1 of 5
I
ARTICLE II. SCOPE OF
SERVICES
- CONSTRUCTION
PRASE
A. Bidding
HOURS
AMOUNT -
-
TOTAL
Construction Manager
20
$19.00
=
$ 380
Project Engineer.
12
15.00
180
Staff Engineer
16
12.00
192
Technical Typist
8
7.50
60
Direct Labor
=
S 812
Payroll Overhead (90.78
x Labor)
=
33D
General a Admin. Overhead
(128.08
x Labor)
=1,039
Total Labor a Overheads
2,181
Profit - 158
=
327
Total Labor, Overheads
a Profit
=
$2,508
Communications and Miscellaneous
a
100
_
Total
$2,608
USE Contract Lump Sum
=
$2,600
Page 2 of 5
0
B. General Construction Administration
Page 3 of 5'
HOURS AMOUNT
TOTAL
Construction Manager
24 $19.00
=
8 456
Staff Bngineer
20 11.00
220
Technical Typist
16 7.50
120
Direct Labor
=
796
Payroll overhead (40.7% x
Labor)
324
General c Admin. Overhead
(128.0% x Labor)
_1,019
Total Labor s Overheads
-
=
2,139
Profit - 15%
=
321
Total Labor, Overheads c
Profit
$2,400
Miscellaneous Direct Non -Salary
Expenses:
Travel
$450
Communications c
Miscellaneous
50
$500
=
8 500
Total
=
62,960
USE Contract Lump Sum
62,900
Page 3 of 5'
ARTICLE III.
0
SCOPE
OF SERVICES -
PROJECT
ADMINISTRATION
HOURS
AMOUNT
TOTAL
Chief Engineer 4 $21.00 m $ 81
Project Engineer 8 15.00 - +- 120
Staff Engineer 10 12.00 = 120
Technical Typist 1S 7.50 = 135
Direct Labor $ 458
Payroll Overhead (40.7%-x Labor) 185
General 6 Admin. Overhead (128.0% xLabor) 584
Total Labor % Overheads 1,225
Profit - 15% - 183
Total Labor, Overheads S Profit $1,408
Miscellaneous Direct Non -Salary Expenses.
Comsnnications S Miscellaneous
Total
USE: Contract Lump Sum
Page 4 of 5
100
$1,508
$1,500
INSTALLATION OF A RDNNAY SURFACE CONDITION SENSOR SYSTEM
RIP Project No. 3-23-0005-02
AT
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
5.
(1E + 2E + 3E + 4E) $12,094
6.
A
B
C D
E
b.
BuUing
100
168.]8
158
500
d.
Project �stratim
D11ffi.T
Ove[Iwad
O1 PMRTT
SUBTOTAL
STEM
(e of A)
COSTS (8 of A+ )
U+H 4D)
1.
DESIGN PHASE
T- SQ�ervision
168
283
— 68
519
b. Engineering
1240
2092
— 500
3832
C. Drafting
322
543
— 130
995
a. Typing
120
202
— 48
370
6UB1oTAL
5716
2.
B=M
a. SLisivisian
380
641
— 153
1174
b. Btg�
372
628
— 150
1150
C. Typing
60
101
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185
SUBIOM
2509
3..
GENERM CONSMa)MON P.CMRI3SNNTt@1
a. Suparvisi
456
]69
— 164
1409
b. Egix svg
220
371
— 89
680
n. Typi
120
202
— 48
370
9Jff10@L
2459
4.
PP(llE(.R ACMINI9IDATIOi
a. Supe sion
81
137
— 33
251
b. F+ginm^^U
240
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— 97
742
C. Typing
135
228
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SUBTOIN,
1410
5.
(1E + 2E + 3E + 4E) $12,094
6.
SGB103Ai. $ 2,000
6. 1VPPL FEB
(5 +
b.
BuUing
100
c.
Goperal
500
d.
Project �stratim
100
$14,000
Page 5 of 5
SGB103Ai. $ 2,000
6. 1VPPL FEB
(5 +
6)
$14,094
$14,000
Page 5 of 5
TABLE OF CONTENTS
IDENTIFICATION OF THE PARTIES
1
DESCRIPTION OF THE PROSECT
1
SECTION
I
- BASIC SERVICES OF ENGINEER
2
1.1
General
2
1.2
Study and Report Phase
2
1.3
Preliminary Design Phase
2-3
1.4
Final Design Phase
1-4
1.5
Bidding or Negotiating Phase
4
1.6
Construction Phase
4-6
SECTION
2-
ADDITIONAL SERVICES OF ENGINEER
2.1
General
7-9
2.2
Resident Services During. Construction
9
SECTION
3
- OWNER'S RESPONSIBILITIES
10
SECTION
4
- PERIOD OF SERVICE
12
SECTION
5
- PAYMENTS TO ENGINEER
5.1
Methods of Payment for Services and Expenses
of Engineer
14
5.2
Times of Payments
14
5.3
Other Provisions Concerning Payments
15
5.4
Definitions
15-16
SECTIONS6
- CONSTRUCTION COST AND OPINIONS OF COST
17
6.1
Construction Cost
17
6.2
Opinions of Cost
17
SECTION
]
- GENERAL CONSIDERATIONS
7.1
Termination -
18
'7.2
Reuse of Documents
18
7.3
Controlling Law
18
7.4
Successors and Assigns
18
SECTION
8
- SPECIALPROVISIONS, EXHIBITS AND SCHEDULES
19
This document has important legal consequences; consultation with an
attorney is encouraged with respect to its completion or
modification.
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND ENGINEER
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT made as of December ,1984 between the CITY OF
BANGOR,MAINE (OWNER) and AMES ENGINEERS INCORPORATED Of Bangor,
Maine, a Maine Corporation (ENGINEER).
OWNER intends to construct an Automated Flight Service Station to be
located at Bangor International Airport near the existing General
Aviation Building (hereinafter called the Project).
OWNER and ENGINEER in consideration of their mutual covenants herein
agree in respect of the performance of professional engineering
services by ENGINEER and the payment for those services by OWNER asset
forth below.
ENGINEER shall provide professional engineering services for OWNER in
all phases of the Project to which this Agreement applies, serve as
OMER's professional engineering representative for the Project a
set forth below and shall give professional engineering consultation
and advice to OWNER during the performance of services hereunder.
Page 1 of 19
SECTION 1 - BASIC SERVICES OF ENGINEER
1.1 General
1.1.1 ENGINEER shall Perform professional s s hereinafter
stated which include customary civil, structural, mechanical and
electrical engineering services and customary architectural services
incidental thereto.
1.2 Stud v and Raper Phase
After written authorization to proceed, ENGINEER shall
1.2.1 Consult with OWNER to clarify and define OMER's requirements
for the Project and review available data.
1.2.2 Advise OWNER as to the necessity of OMER's providing o
obtaining from others data or services
of the types described i
paragraph 3.3, and act as OMER's representative in connection with
any such services.
1.2.3 Provide analyses of OMER's needs, planning surveys, site
valuations and comparative studies of prospective sites and
solutions.
1.2.9 Provide a general economic analysis Of OMER's requirements
applicable to various alternatives.
1.2.5 Prepare a Report containing schematic layouts, sketches and
conceptual design criteria With appropriate exhibits t0 indicate
clearly the considerations involved and the alternative solutions
available to OMER and setting forth ENGINEER's findings and
recommendations with opinions of probable costs for the Project,
including Construction Cost, contingencies, allowances for chargee
of all professionals and consultants, allowances for the coat of land
and rights-of-way, compensation for or damages to properties and
interest and financing charges (all of which are hereinafter called
'Project Costs").
1.2.6 Furnish five copies of the Report and present and review it in
person with OWNER.
The duties and responsibilities of ENGINEER during the Study and
Report Phase are amended and supplemented as indicated in paragraph 2
of Exhibit A "Further Description of Basic Engineering Services and
Related Matters".
1.3 Preliminary Design Phase
Page 2 of 19
After written authorization to proceed with the Preliminary Design
Phase, ENGINEER shall:
1.3.1 In consultation with OWNER and on the basis of the accepted
Report, determine the extent of the Project.
1.3.2 Prepare preliminary Design Documents consisting of Final
Design Criteria, Preliminary Drawings and Outline Specifications.
1.3.3 Based on the information contained in the preliminary design
documents, submit a revised opinion of probable Project costs.
1.3.4 Furnish five copies of the above preliminary design documents
and present and review them in person with OWNER.
The duties and responsibilities of ENGINEER during the Preliminary
Design Phase are amended and supplemented as indicated in paragraph 3
of Exhibit A "Further Description of Basic Engineering Services and
Related Matters".
1.4 Final Design Phase
After written authorization to proceed with the Final Design Phase,
ENGINEER shall:
1.4.1 On the basis of the accepted preliminary design documents and
the revised opinion of probable Project Cost, prepare for
incorporation in the Contract Documents final drawings to show the
character and extent of the Project (hereinafter called "Drawings")
and Specifications.
1.4.2 Furnish to OWNER such documents and design data as may be
required for, and assist in the preparation of, the required documents
eo that OWNER may apply for approvals of suchgovernmental authorities
as have jurisdiction over design criteria applicable to the Project,
and assist in obtaining such approvals by participating in
submissions to and negotiations with appropriate authorities.
1.4.3 Advise OWNER of any adjustments to the latest opinion of
probable Project Cost caused by the changes in extent or design
requirements of the Project or Construction Costs and furnish a
revised opinion of probable Project Cost based on the Drawings and
Specifications.
1.4.4 Prepare for review and approval by OWNER, his legal counsel and
other advisors contract agreement forme, general conditions and
supplementary Conditions, and (where appropriate) bid forms,
invitations to bid and instructions to bidders, and assist in the
preparation of other related documents.
1.4.5 Furnish five copies of the above documents and present and
review them in person with OWNER.
Page 3 of 19
The duties and reaponeibilitiee of ENGINEER during the Final Design
Phase are amended and supplemented as indicated in paragraph 4 of
Exhibit A "Further Description of Basic Engineering Services and
Related Matters".
1.5 Bides or Negotiating Phase
Ater written authorization to proceed with the Bidding or
Negotiating Phase, ENGINEER shall:
1.5.1 Assist OWNER in obtaining bids or negotiating proposals for
each separate prime contract for construction, materials, equipment
nd services.
1.5.2 Consult with and advise OWNER as to the acceptability of
subcontractors and other persons and organizations proposed by the
prime contractor(s) (hereinafter called "Contractor(s)") for those
portions of the work as to which such acceptability is regoired by the
bidding documents.
1.5.3 Consult with and advise OWNER as to the acceptability of
substitute materials and equipment proposed by Contractors) when
substitution prior to the award of contracts is allowed by the bidding
documents.
1.5.4 Assist OWNER in evaluating bids or proposals and in assembling
and awarding contracts.
The duties and responsibilities of ENGINEER during the Bidding o
Negotiating Phase are amended and supplemented as indicated in
paragraph 5 of Exhibit A "Further Description of Basic Engineering
Services and Related Matters".
1.6 Construction Phase
During the Construction Phase ENGINEER shall:
1.6.1 Consult with and advise OWNER and act as his representative as
provided in Articles 1 through 17, inclusive, of the Standard General
Conditions of the Construction Contract No. 1910-8, (19]8 edition).
The extent and limitations Of the duties, responsibilities and
authority of ENGINEER as assigned in said Standard General Conditions
shall not be modified, except to the extent provided in paragraph 6 of
Exhibit A "Further Description of Basic Engineering Services and
Related Maters" and except as ENGINEER may otherwise agree in
writing. All of OMER's instructions to Contractor(s) will be issued
through ENGINEER who will have authority to act on behalf of OWNER to
the extent provided in said standard General Conditions except as
Page 4 of 19
otherwise provided in writing.
1.6.2 Make visite to the site at intervals appropriate to the various
stages of construction to observe as an experienced and qualified
design professional the progress and quality of the executed work of
Contractor(s) and to determine in general if such work is proceeding
in accordance with the Contract Documents. ENGINEER shall not be
required to make exhaustive o continuous on-site inspections to
check the quality Or quantity Osuch work. ENGINEER shall not be
responsible for the means, methods, techniques, sequences or
procedures of construction selected by Contractor(s) or the safety
precautions and programs incident to the work of Contractor(a) .
ENGINEER' a efforts will be directed toward providing a greater degree
of confidence for OWNER that the completed work of Contractor(s) will
conform to the Contract Documents, but ENGINEER shall not be
responsible for the failure of Contractor(s) to perform the work i
accordance with the Contract Documents. During such visits and on
the basis of on-site observations ENGINEER shall keep OWNER informed
of the progress of the work, shall endeavor to guard OWNER against
defects and deficiencies in such work and may disapprove or reject
work failing to conform to the Contract Documents.
1.6.3 Review and approve (or take other appropriate action in
respect of) Shop Drawings (as that term is defined in the aforesaid
Standard General Conditions) and samples, the results of testa and
inspections and other data which each Contractor is required to
submit, but only for conformance with the design concept of the
Project and compliance with the information given in the Contract
Documents (but such r and approval o other action shall not
extend to m methods, sequences, techniques or procedures of
construction or to safety precautions and programs incident thereto);
determine theacceptability of substitute materials and equipment
proposed by Contractor(s); and receive and review (for general
content as required by the Specifications) maintenance and operating
instructions, schedules, guarantees, bonds and certificates Of
inspection which are to be assembled by Contra CtorW in accordance
with the Contract Documents.
1.6.4 Issue all instructions Of OWNER to Contractor(s); issue
necessary interpretations and clarifications of the Contract
Documents and in connection therewith prepare change orders a
required; have authority, as OWNER's representative, to require
special inspection or testing of the work; act as initial interpreter
of the requirements of the Contract Documents and judge of the
acceptability of the work thereunder and make decisions on all claims
of OWNER and Contractor(s) relating to theacceptability of the work
r the interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the work; but ENGINEER
shall not be liablefor the results of any such interpretations or
decisions rendered by him in good faith.
1.6.5 Based on ENGINEER'a on-site observations as an experienced and
qualified design professional and on review
of applications for
payment and the accompanying data andschedules, determine the
Page 5 of 19
amounts owing to Contractor(s) and recommend in writing payments to
Contractor(s) in such amounts; such recommendations of payment will
constitute a representation to OWNER, based on such observations and
review, that the work has progressed to the point indicated, that, to
the bestof ENGINEER's knowledge, information and belief, the quality
of such work is in accordance with the Contract Documents -(subject to
an valuation of such work as a functioning Project upon Substantial
Completion, to the results of any subsequent tests called for in the
Contract Documents, and to any qualifications stated in his
recommendation), and that payment of the amount recommended is due
Contractor(s); but by recommending any payment ENGINEER will not
thereby be deemed to have represented that continuous or exhaustive
exinations have been made by ENGINEER to check the quality o
quantity of the work or to review the m methods, sequences,
means,
or procedures of construction orsafety precautions o
programs incident thereto or that ENGINEER has made an examination to
ascertain how or for what purposes any Contractor has used the moneys
paid on account of the Contract Price, or that title to any of the work,
materials or equipment has passed to OWNER free and clear of any lien,
claims, security interest or encumbrances, or that Contractor(s) have
completed their work exactly in accordance with the Contract
Documents.
1.6.6 Conduct an inspection to determine if the Project is
substantially complete and a final inspection to determine if the work
has been Completed in accordance with the Contract Documents and if
each Contractor has fulfilled all of his obligations thereunder s
that ENGINEER may recommend, in writing, final payment to each
Contractor and may give written notice to OWNER and the Contractor(s)
that the work is acceptable (subject to any conditions therein
expressed), but any such recommendation and notice shall be subject to
the limitations expressed paragraph 1.6.5.
1.6.7 ENGINEER shall not be responsible for the acts or omissions of
any Contractor, or subcontractor, or any of the Contractor(s)' or
subcontractors' agents or employees or any other persons (except
ENGINEER's own employees and agents) at the site or otherwise
performing any of the Contractor(s)' work; however, nothing contained
n paragraphs 1.6.1 tern 1.6.7, inclusive, shall be construed to
release ENGINEER from liability for failure to properly perform .
duties undertaken by him in the Contract Documents.
Page 6 of lE
SECTION 2 - ADDITIONAI,.SERVICES OF ENGINEER
2.1 General
If authorized in writing by OWNER, ENGINEER shall furnish or obtain
from others Additional Services of the following types which are not
considered normal or customary Basic Services except to the extent
provided otherwise in Exhibit A "Further Description of Basic
Engineering Services and Related Matters"; these will be Paid for by
OWNER as indicated in Section S.
2.1.1 Preparation of applications and supporting documents for
governmental grants, loans Or advances in connection with the
Project; preparation or review of environmental
ental assessments and
a
impact statements; r and evaluation of the effect on the design
requirements of theproject of any such statements and documents
prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental
impact of the Project.
2.1.2 Services to make measured drawings of or to investigate
fisting conditions or facilities, or to verify the accuracy of
drawings or other information furnished by OWNER.
2.1.3 Services resulting from significant changes in extent of the
Project or its design including, but not limited to, changes in size,
complexity, OWNER'a schedule, or character.of construction or method
of financing; and revising previously accepted studies, reports,
design documents or Contract Documents when such revisions are due to
causes beyond ENGINEER's control.
2.1.4 Providing renderings or models for OWNER'S use.
2.1.5 Preparing documents for alternate bide requested by OWNER for
Contractor (a)' work which is not executed or documents for out -of -
sequence work.
2.1.6 Investigationslvolving detailed consideration of
operations, v maintenance and overhead expensesproviding Value
0
Engineering during the of design; the preparation of
feasibility studies, cash flow andeconomic
valuations, rate
schedules and appraisals; assistance i obtaining financing for the
Project; evaluating processes available for licensing and assisting
OWNER in obtaining process licensing; detailed quantity surveys of
material, equipment and labor; and audita or inventories required in
connection with construction performed by OWNER.
2.1.7 Furnishing the services of special consultants for other than
the normal civil, structural, mechanical and electrical engineering
and normalarchitectural design incidental thereto, such as
consultants for interior design, furniture, furnishings,
7 of 19
communications, acoustics, kitchens and landscaping; and providing
data or services
of the types described in paragraph 3.3 when OWNER
authorizesENGINEER to provide such data or services in lieu of
furnishing the same in accordance with paragraph 3.3.
2.1.8 Services resulting from the award of more separate prime
contracts for contracts for construction, materials, equipment Or
for the Project than contemplated by paragraph
5e1.1.28and services
resulting from the arranging for performance by
persons other than the principal prime contractors of services for the
OWNER and administering OMER's contracts for such services.
2.1.9 Providing any type Of field surveys for design purposes and
engineering surveys and staking to enable Contractor(s) to proceed
with their work; and providing other special field surveys.
2.1.10 Services in connection with change orders to reflect changes
requested by OWNER if the resulting change in compensation for Basic
Services is not commensurate with the additional services endered,
p
services after the award of each contract i evaluating substitutions
proposed by Contractor(s), and in making revisions to Drawings and
Specifications occasioned thereby, and services resulting from
significant delays, changes or price increases occurring as a direct
or indirect result of material, equipment or energy shortages.
2.1.11 Services during out -Of -town travel required of ENGINEER
other than visits to the site as required by Section 1.
2.1.12 Preparing for OWNER, on request, a set of reproducible record
prints of Drawings showing those changes made during the construction
process, based on the marked -up prints, drawings and other data
furnished by Contractor(s) to ENGINEER and which ENGINEER considers
significant.
2.1.13 Additional or extended services during construction made
necessary by (1) work damaged by fire or other cause during
construction, ( 2 ) a significant amount of defective or neglected work
of Contractor(s), (3) prolongation of the contract time of any prime
contract by more than sixty days, (4) acceleration of the progress
schedule involving services beyond normal working hours, and (5)
default by Contractor(s).
2.1.14 Preparation of operating and maintenance manuals; protracted
or extensive assistance in the ultilization of any equipment or system
(such as initial startup, testing, adjusting and balancing); and
training personnel for operation and maintenance.
2.1.15 Services after completion of the Construction Phase, such as
inspections during any guarantee period and reporting observed
discrepancies under guarantees called for in any contract for the
Project.
2.1.16 Preparing to serve or serving as a consultant or witness for
OWNER an any litigation, public hearing or other legal or
Page 8 of 19
administrative proceeding involving the Project (except as agreed to
under Basic Services).
2.1.17 Additional services in connection with the Project,
including services normally furnished by OWNER and services not
otherwise provided for in this Agreement.
2.2 Resident Services During Construction
2.2.1 I£ requested by OWNER Or recommended by ENGINEER and agreed to
in writing by the other, a Resident Project Representative will be
furnished and will act as directed by ENGINEER in order to assist
ENGINEER in observing performance of the work of Contractor(s). Such
services will paid for by OWNER as indicated in paragraph 5.1.2.4.
2.2.2 The duties and responsibilities and the limitations on the
authority of the Resident Project Representative and assistants will
be set forth in Exhibit B which is to be identified, attached to and
made a part of this Agreement before such services begin.
2.2.3 Through more extensive on-site observations of the work in
progress and field checks of materials and equipment by the Resident
Project Representative (If furnished) and assistant, ENGINEER shall
endeavor to provide further protection for OWNER against defects and
deficiencies in the work of Contractcr(s); but the furnishing of such
resident Project representation will not make ENGINEER responsible
for construction means, methods, techniques, sequences or procedures
or for safety precautions or programs, or for Contractor(s) ' failure
to perform their work in accordance with the Contract Documents.
2.2.4 If OWNER designates another person to represent OWNER at the
Project site who is not ENGINEER'S agent or employee, the duties,
responsibilities and limitations of authority of such other person
and the effect thereof on the duties and responsibilities of ENGINEER
under this Agreement will be set forth in an exhibit that is to be
indentified, attached to and made a part of this Agreement before such
services begin.
Page 9 of 0
SECTION 3 - OWNER'S RESPONSIBILITIES
OWNER shall:
3.1 Provide all criteria and full information as to OWNER'S
requirements for the Project,rncluding design objectives and
constraints, space, capacity and performance requirements,
flexibility and expandability, and any budgetary limitations; and
furnish copies of all design and construction standards which OWNER
will require to be included in the Drawings and Specifications.
3.2 Assist ENGINEER by placing at his disposal all available
information pertinent to the Project including previous reports and
any other data relative to design or construction of the Project.
3.3 Furnish to ENGINEER. as required for performance of ENGINEER's
Basic Services (except to the extent provided otherwise in Exhibit A
"Further Description of Basic Engineering Services and Related
Matters"), data prepared by or services of others, including without
r
limitation core borings, probingsand subsurface explorations,
hydrographic surveys, laboratory testa and inspections of samples,
materials and equipment; appropriate professional interpretations of
all of the foregoing; environmental assessment and impact statements;
property, boundary, easement, right-of-way, topographic and utility
surveys; property descriptions; zoning, deed and other land use
restriction; and other special data or consultations not covered in
Section 2; all of which ENGINEER may rely upon in performing his
services.
3.4 Provide field control surveys and establish reference points and
base linea (except to the extent provided otherwise in Exhibit A
"Further DaSCriPtion Of Basic Engineering Services and Related
Matters") to enable Contractors) to proceed with the layout of the
work.
3.5 Arrange for access to and make all provisions for ENGINEER to
enter upon public and private property as required for ENGINEER to
perform his services.
3.6 Examine all studies, reports, sketches, Drawings,
Specifications, proposals and other documents presented by ENGINEER,
obtain advice of an attorney, insurance counselor and other
consultants as OWNER deems appropriate for Such examination and
ender in writing decisions pertaining thereto within a reasonable
time e0 as not t0 delay the services of ENGINEER.
3.7 Furnish approvals and permits from all governmental authorities
having jurisdiction over the Project and such approvals and consents
from others as may be necessary for completion of the Project.
3.8 Provide such accounting, independent coat estimating and
insurance counseling services as may be required for the Project, such
legal services as OWNER may require or ENGINEER may reasonably request
with regard to legal issues pertaining to the Project including any
that may be raised by Contractor(s), such auditing service as OWNER
may require to ascertain how or for what purpose any Contractor has
used the moneys paid to him under the co nstruction contract, and such
a
inspection as OWNER may
require to ascertain that
Contractor(s) s are complying with any law, rule or regulation
applicable to their performance of the work.
3.9 Designate in writing a person to act as OMER's representative
with respect to the services to be rendered under this Agreement.
Such person shall have complete authority to transmit instructions,
receive information, interpret and define OMER's policies and
decisions with respect to materials, equipment, elements and systems
pertinent to ENGINEER'¢ services.
3.10 Give prompt written notice to ENGINEER whenever OWNER observes
or otherwi as become aware
of any development that affects the scope
or timing of ENGINEER's services, or any defect in the work of
Contractor(s).
3.11 Furnish, or direct ENGINEER to provide, necessary
ary Additional
Services as stipulated Section 2 of this Agreement orother services
as required.
3.12 Bear all costs incident to compliance with the requirements of
this Section 3.
Page 11 of 19
SECTION 4 - PERIOD OF SERVICE
4.1 The provisions of this Section 4 and the various rates of
compensation for ENGINEER'a services provided for elsewhere in this
Agreement have been agreed to in anticipation of the orderly and
continuous progress of the Project through completion of the
Construction Phase. ENGINEER'S obligation to render services
hereunder will extend for a period which may reasonably be required
for the design, award of contracts and construction of the Project
including extra work and required extensions thereto.
4.2 The services called for in the Study and Report Phase will be
completed andthe Report submitted within the stipulated period
indicated in paragraph 2 of Exhibit A "Further Description of Basic
Engineering Services and Related Matters" after authorization to
proceed with that phase Of services.
4.3 After acceptance by OMER of the Study and Report Phase documents
indicating any specific modifications or changes in the extent of the
Project desired by OWNER, and upon written authorization from
OWNER,ENGINEER shall proceed with the performance Of the services
called for in the Preliminary Design Phase, and shall ubmit
preliminary design documents and a revised opinion of probable
Project Coat within the Stipulated period indicated in paragraph 3 of
Exhibit A "Further Description of Basic Engineering Services and
Related Matters" after authorization to proceed with that phase of
services.
4.4 After acceptance by OWNER Of the Preliminary Design Phase
documents and revised opinion of probable Project Coat, indicating
any specific modifications or changes in the extent of the Project
desired by OWNER, and upon written authorization from OWNER, ENGINEER
shall proceed with the performance of the services called for in the
Final Design Phase; and shall delivery Contract Documents and a
revised opinion of probable Project Coat for all work of Contractor(s)
n the Project within the stipulated period indicated in paragraph 4
of Exhibit A "Further Description of Basic Engineering Services and
Related Matters" after authorization to proceed with that phase of
4.5 ENGINEER's services under the Study and Report Phase,
Preliminary Design Phase and Final Design Phase shall each be
considered complete at theearlier of (1) the date when the
submissions for that phase have been accepted by OWNER or (2) thirty
days after the date when such submissions are delivered to OWNER for
'final acceptance, plus such additional time an may be considered
reasonable for obtaining approval of governmental authorities having
jurisdiction over design criteria applicable to the Project.
4.6 After acceptance by OWNER of the ENGINEER'S Drawings,
Specifications and other Final Design Phase documentation including
the most recent opinion Of probable Project Coat and upon written
Page 12 of 10
authorization to proceed, ENGINEER shall proceed with performance of
the services called for in the Bidding or Negotiating Phase. This
Phase shall terminate and the services to be rendered thereunder shall
be considered complete upon commencement of the Construction Phase or
upon cessation of the negotiations with prospective Contractor(s)
(except as may be Otherwise required to complete the services called
for in paragraph 6.2.2.5).
4.7 The Construction Phase will commence
with the execution of the
first prime contract to be executed for the work of the Project or any
part thereof, and will terminate upon wirtten approval by ENGINEER of
final payment on the last prime contract to be completed.
Construction Phase services may be rendered at different times i
aspect of separate prime contracts if the Project involves more than
one prime contract.
4.8 If OWNER has requested significant modifications or
changes in
the extent of the Project, the timeof performance of ENGINEER'
services and his various rates of compensation shall be adjusted
appropriately.
4.9 If OWNER fails to give prompt written authorization to proceed
with any phase of services
after completion of the immediately
preceding phase, or if the Construction Phase has not commenced
within v' (901�calendar days (plus such additional time as may
be requ red ti o complete the services called for under paragraph
6.2.2.5) after completion of the Final Design Phase, ENGINEER may,
after giving seven days' written notice to OWMER, suspend services
under this Agreement.
4.10 If ENGINEER's services for design or during construction of the
Project are delayed or suspended in whole or in Part by OWNER for more
than three months for reasons beyond ENGINEER's control, ENGINEER
shall on written demand to OWNER (but without termination of this
Agreement) be paid as provided in paragraph 5.3.2. If such delay or
suspension extends for more than one year for reasons beyond
ENGINEER's control, Or if ENGINEER for any reason is required to
ender services more than one year after Substantial Completion/ the
various rates of compensation provided for elsewhere an this
Agreement shall be subject to renegotiation.
4.11 In the event that the work designed or specified by ENGINEER is
t0 be performed under more than one prime contract, OWMER and ENGINEER
shall, prior to commencement of the Final Design Phase, develop a
schedule for performance m of ENGINEER's services during the Final
Design, Bidding or Negotiating and Construction Phases in order to
sequence and coordinate properly such services as applicable to the
work under such separate contract. This schedule is to be prepared
whether or not the work under such contracts is to proceed
concurrently and is to be included in Exhibit A "Further Description
of Basic Engineering Services and "Related Matters," and the
provisions of paragraphs 4.4 through 4.10 inclusive, will be modified
accordingly.
Page 13 of 19
PAYROLL COSTS METHOD OF PAYMENT
SECTION 5 -PAYMENTS TO ENGINEER
5.1 Methods of Payment for Services and Expenses of ENGINEER
5.1.1 For Basic Services OWNER shall pay ENGINEER for Basic
Services rendered under Section 1 (as amended and supplemented by
Exhibit A "Further Description of Basic Engineering Services and
Related Matters") if only one prime ontractaarded for
a
construction, materials, equipment and services for the entire
Project, a lump sum fee of forty nine thousand four hundred dollars
($49,400).
5.1.2 For Additional Services. OWNER shall pay ENGINEER for
Additional Services rendered under Section 2 as follows:
5.1.2.1 General. For Additional Services rendered under
paragraphs 2.1.1 through 2.1.17, inclusive (except services covered
by paragraph 2.1.7 and services as
aconsultant or witness under
Paragraph 2.1.16), payment shall be iaccordance with Exhibit C
attached hereto for services rendered by principals and employees
assigned to the Project.
5.1.2.2 Special Consultants. Forrand
reimbursable expenses of special consultants employed bycENGINEER
pursuant to paragraph 2.1.7 or 2.1.17, the amount billed to ENGINEER
therefor times a factor of I.C.
5.1.2.3 Resident Project Services. For
resident services during c nstruction furnished under paragraph
2.2.1, on the basis of Payroll costs times a factor of 1.6 for services
rendered by principals and employees assigned to field offices in
connection with resident Project representation.
5.1.3 For Reimbursable Expenses. in addition to payments provided
for in paragraphs 5.1.1 and 5.1.2, OWNER shall pay ENGINEER the actual
Data of all Reimbursable Expenses incurred in connection with all
Basic and Additional Services.
5.1.4 The terms "Payroll Costs" and "Reimbursable Expenses" will
have the meanings assigned to them in paragraph 5.4 which appears on
the reverse side of this page.
5.2 Times of Payments
5.2.1 ENGINEER shall submit monthly statements for Basic and
Additional Services rendered and for Reimbursable Expenses incurred.
OWNER shall make prompt monthly payments in response to ENGINEER'S
monthly statements. Payments to the ENGINEER shall not a eed the
Portion of Basic fee as determined by the following schedule: Study
and Report -154, Preliminary Design -358, Final Design -758. Bidding
Phase -808, Construction Phone -1008.
Page 14 0£ 19
5.3 Other Provisions Concerning Payments.
5.3.1 If OWNER fails to make any payment due ENGINEER for services
and expenses within sixty days after receipt of ENGINEER'S bill
therefor, the amounts due ENGINEER shall include a charge at the rate
Of 1% per month from said Sixtieth day, and in addition, ENGINEER may,
after giving seven days' written notice to OWNER, suspend services
under this Agreement until he has been paid in full all amounts due him
for services and expenses.
5.3.2 In the event of termination by OWNER under paragraph 7.1 upon
the comj,letion of any phase of the Basic Services, progress payments
due ENGINEER for services rendered through such phase shall
constitute total payment for such Services. In the event of Such
termination by OWNER during any phase of the Basic services, ENGINEER
will be paid for services rendered during that phase on the basis of
Payroll Costs times a factor of 2.5 for services rendered during
that phase to date of termination by principals and employees assigned
to the Project. In the event of any such termination. ENGINEER will
be paid for all unpaid Additional Services and unpaid Reimbursable
Expenses, plus all termination expenses. Termination expenses mean
Reimbursable Expenses directly attributable to termination
5.4 Definitions
5.4.1 The Payroll Costs used as a basis for payment mean salaries and
wages (basic and incentive) paid to all personnel engaged directly on
the Project, including, but not limited to, engineers, architects,
surveyors, designers, draftsmen, specification writers, estimators,
other technical personnel, stenographers, typists and clerks; plus
the cost of customary and statutory benefits including, but not
limited to, social security contributions, unemployment, a and
payroll taxes workers' compensation, health and retirement
benefits, sick leave, vacation and holiday pay applicable thereto.
For the purposes of this Agreement, the principals of ENGINEER and
their hourly payroll costs are.
Page 15 of 19
The amount of customary and statutory benefits of all other personnel
will be considered equal to 30 S of salaries and wages.
5.4.2 Reimbursable Expenses mean the actual expenses incurred
directly or indirectly in connection with the Project for:
transportation and subsistence incidental thereto; obtaining bids or
proposals from Contractor(s); furnishing and maintaining field
office facilites; subsistence and transportation o£ Resident Project
Representatives and their assistants; toll telephone calls and
telegrams; reporduction of reports, Drawings, Specifications, and
similar Project -related items in addition to those required under
Section 1; and, if authorized in advance by OWNER, overtime work
requiring higher than regular rates. Reimbursable Expenses shall
include the amount billed t0 ENGINEER by special consultants employed
by ENGINEER (other than as an authorized Additional Service under
Section 2) for such consultants' services and Reimbursable Expenses
times a factor of 1.0 and shall also include expenses
incurred for computes tvTe and other highly specialized equipment,
including an appropriate charge for previously established programa
and expenses of photographic production techniques times a factor of
1.0
Page 16 0£ 19
SECTION 6 - CONSTRUCTION COST ANO OPINIONS OF COST
6.1 Construction Cost
The construction cost
of the entire Project (herein referred to a
'Construction Cost")m s the total cost of the entire Project to OWNER. but
It will not include ENGINEER's compensation and expenses, the cost of land,
rights-of-way, or compensation far or damages to, properties unless this
Agreeweut so specifies, nor will it include ONNER's legal, accounting,
insurance
counseling
r
o auditing s interest and financing charges
incurred In connection with the Project. [Construction Cost is one of the
items comprising Project Costs which is defined in paragraph 1.2.5.1.
6.2 Opinions of Cost
6.2.1 Since ENGINEER has an control ever the cost of labor, materials,
equipment or services furnished by others, at over the Contractor(s)' methods
of determining prices. or over competitive bidding or market conditions, his
opinions of probable Project Cost and Construction Cost provided for herein
e to be made on the basis of his experience and qualifications and represent
his beat judgment as an experienced and qualified professional engineer,
familiar with the construction industry: but ENGINEER cannot and does not
guarantee that proposals, bide or actual Project or Construction Cast Will act
vary from opinions of probable cost prepared by him. If prior to the Bidding
r Negotiating Phase OWNER wishes greater assurance s to Project or
Construction Cost he shall employ an independent cost estimator as provided in
paragraph 3.8.
Page 17 of 19
SECTION 7 - GENERAL CONSIDERATIONS
7.1 Termination.
The obligation to provide further services under this Agreement may be
terminated by either party upon seven days' written notice.
7.2 Reuse of Documents.
All documents including Drawings and Specifications prepared by ENGINEER
pursuant to this Agreement are instruments of service in respect of the
project. They are not intended or represented to be suitable for reuse by
OMER or others on extensions of the Project or cat any other project. Any
reuse without written verification or adaptation by ENGINEER for the specific
purpose intended will be at OWNER's sole risk and without liability or legal
exposure to ENGINEER{ and OWNER shall indemnify and hold harmless ENGINEER
from all claims, damages, losses and expenses including attorneys' fees
arising out of o resulting therefrom. Any such verification or adaptation
will entitle ENGINEER to further compensation at rates to be agreed upon by
OWNER and ENGINEER.
7.3 Controlling Lay.
This Agreement is to be governed by the laws of the State of Mine.
7.4 Successors and Assigns.
7.4.1 OWNER and ENGINEER each binds himself and his partners, successors,
cutors, administrators, assigns and legal representatives to the other
party to this Agreement and to the partners. successors.
executors.
administrators. assigns and legal representatives of sucother party, in
aspect to all covenants. agreements and obligations of this Agreement.
7.4.2 Neither OWNER nor ENGINEER shall assign. sublet or transfer any rights
under or Interest in (including. but without limitation, moneys that may
become due o r
moneys that are due) this Agreement without the u consent
of the other, except a x
stated 1n paragraph 7.4.1 and except tothe aextent
that the effect of this limitation may be restricted bylaw Unless
specifically stated to the contrary in any written consent to an assignment.
no assignment will release or discharge the assignor from any duty o
responsibility under this Agreement. Nothing contained in this paragraph
shall prevent ENCINEER from employing such independent consultants, associates
and subcontractors as he may deem appropriate to assist him in the performance
of services hereunder. Provided, however. that ENGINEER shall give prior
written notice Of any such contemplated employment to OWNER.
7.4.3 Nothing herein shall be construed to give any rights or benefits
hereunder to anyone other than OWNER and ENGINEER.
SECTION 8 -SPECIAL PROVISIONS, EXHIBITS and SCHEDULES
8.1 This Agreement is subject to the following special provisions
8.1.1 In recognition of completion of the Study and Report Phase, an
immediate payment of 156 of the lump sum amount becomes due and
payable.
8.2 The following Exhibits are attached to and made a part of this
Agreement: -
8.2.1 Exhibit A 'Further Description of Basic Engineering Services
and Related Matters" consisting of one (1) page.
8.2.2 Exhibit B "Duties, Responsibilities and Limitations of
Authority of Resident Project Representative" consisting of four (4)
pages.
8.2.3 Exhibit C "Schedule of Hourly Rates" consisting of one (1)
page.
8.4- This Agreement (consisting of pages 1 to 19 _! inclusive),
together with the Exhibits and schedules identified above constitute
the entire agreement between OWNER and ENGINEER and supersede all
prior written or oral understandings. This Agreement and said
Exhibits and schedules may only be amended, supplemented, modified or
cancelled by a duly executed written instrument.
IN WITNESS WHEREOF, the parties hereto have mexecuted made and a cuted this
Agreement as of the day and year first above written,
OWNER: ENGINEER:
191 �1
MEMO;���
AKRS ENGINEERS i z =RATED
r ,
Page 19 of 19
EXHIBIT A TO AGREEMENT BETWEEN OWNER
AND ENGINEER FOR PROFESSIONAL SERVICES.
dared . 193_ (for use with
No. 19101. 1419 Edilunl,
Further Description of Basic Engineering Services and Related Matters
1. This is an exhibit atached to. made a part of and incorporated by reference into the Agreement made on
.19g between nA(:OR (Owner)
and (Engineer) Providing for professional engineering services. The Basic Services of Engineer as described in
Section 1 of the Agreement aremended or supplemented as indicated below and the time periods for the
Performance of certain services as indicated in Section 4 o the Agreement arc stipulated as indicated below.
it Report Phase ENGINEER shall:
in r so plements to Paragraph 1.2.)
The Study and Repon Phase Services will be completed and the Repo —calendar days
following from W R eedw M1 M1at obese Of ury ce
3. During the Preliminary Design Phase ENGINEER shall:
(insert amendments or supplements to paragraph IJ.)
The Preliminary Design Nam Services will be completed and ENGINEER'a documentation and opinion of costs
submitted within 90 calendar days following written authorization from OWNER to ENGINEER to proceed
with that phase of services.
4. During the Final Design Nam ENGINEER shall'.
brawn amendments or supplements to Paragraph 1.41
The Final Design Phase Services will be completed and Contract Documents and ENGINEER'S opinion of costs
submitted within 30 calendar days following%rien authorization from OWNER to ENGINEER to Proceed
with that phase of services.
-(if the construction work is to be performed under more than one prime contract. the provisions of paragraph 4.11
will probably apply and it will be necessary to prepare a special schedule for the Final Design Phase Services.]
5. During the Bidding or Negotiating Phase ENGINEER shall:
(insert amendments or supplements to paragmph 1.5.)
Df the construction work is to be Performed under more than one prime Ammer. the provisions of paragraph
4.11 will probably apply and it will be necessary to prepare a special schedule for the Bidding or Negotiating
Phase Services.] -
6. During the Construction Phase ENGINEER shall:
(insert amendments or supplements to paragraph 1 6
Nf the construction work is to be performed under more than one prime contract, the parameters of paragraph
Gill will probably apply and it will be necessary to prepare special schedule for the Construction Phase Services.I
EXHIBIT S
This Jooumem Fus impuvam kyl Consequences: con sululia,"ah an anomey is enmuraSed.
DUTIES, RESPONSIBILITIES AND
LIMITATIONS OF AUTHORITY OF
RESIDENT PROJECT REPRESENTATIVE
Prepared by .
ENGINEERS' JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
op
TCIvne VON ll I
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice CIA ision of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
and by
AMERICAN CONSULTING ENGINEERS COUNCIL
and by
AMERICAN SOCIETY OF CIVIL ENGINEERS
No. 1910-1-A (1983 Edition)
O National Society of Professional Engineers
A LISTING OF l'l1E DUTIES, IIESPOHSIIIILITIES AND
LED FAT IONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE.
ENGINEER shall furnish a Resident Project Representative IRPR7, assistants and
other field staff to assist ENGINEER in Observing performance of the Work of the
Contractor.
Through more extensive on -sire observations of the Work in progress and field checks
of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to
provide further protection for OWNER against defects and deficiencies in the Work: but,
the furmthine of such services will not make ENGINEER responsible for or give ENGI-
NEER control over construction means, methods, techniques, sequences or procedures
or for safety precautions or programs, or responsibility for CONTRACTOR's failure to
perform the Work in accordance with the Contract Documents.
The duties and responsibilities of the RPR are limited to those of ENGINEER in
ENGINEER's agreement with the OWNER and in the construction Contract Documents,
and are further limited and described as follows
A.,rGeneral
RPR is ENGINEER's agent at the site, will act as directed by and under the super-
vision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's
dealings in matters pertaining to the on-site work shall in general be with ENGINEER
and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with sub-
contractors shall only be through or with the full knowledge and approval ofCONTRAC-
TOR. RPR shall generally communicate with OWNER with the knowledge of and under
the direction of ENGINEER.
B. Duties and Responsibilities of RPR
I. Schedules: Review the progress schedule, schedule of Shop Drawing submittals
and schedule of values prepared by CONTRACTOR and consult with ENGINEER
concerning acceptability.
2. Cort renes and Menings: Attend meetings with CONTRACTOR, such as pre -
construction conferences, progress meetings, job conferences and other project.
related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison.
a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of the
Contract Documents; and assist ENGINEER in serving as OWNER's liaison
with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-
site operations.
b. Assist in obtaining fast OWNER additional details or information. when required
for proper execution of the Work.
4. Shoji Draui iRs and Samples:
a. Record dam offeceipt of Shop Drwingsand samples.
b: Receive samples whichare furnishedat the site by CONTRACTOR.and notify
ENGINEER of availability of samples for examination.
c. Advise ENGINEER and CONTRACTOR of the commencement of any Work
requiring a Shop Drum mg; or sample if the submittal hub not been approved by
ENGINEER.
5. Rrmlr Is nT ho, k. Rest%ton jDfmire Pf,, 4. Inspections and Test:
a. Conduct on-site observations of the Work in progress bassist ENGINEER in
determining if the Work is in general proceeding in accordance with the Con-
tact Documents.
b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory
f.
ultv or defective or does not conform to the Contract Documents, or has
been damaged. or does not meet the requirements of any inspection, test or
approval required to be made: and advise ENGINEER of Work that RPR
believes should be corrected or rejected or should be uncovered for observe -
[ion, or requires special testing, inspection or approval
Verify that tests, equipment and systems startups and operating and mainte
mance training are conducted in the Presence ofappropinale personnel, and that
CONTRACTOR maintains adequate records thereof, and observe, record and
repon to ENGINEER appropriate details relative to the test procedures and
stirrups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report
to ENGINEER.
6. haerprermion ofConiractDouunmtt: Report to ENGINEER when clarifications
and interpretations of the Contract Documents are needed and transmit to CON-
TRACTOR clarifications and interpretations as issued by ENGINEER.
7. dfodifrrasimts: Consider and evaluate CONTRACTOR's suggestions for modifi-
cations in Drawings or Specifications and report with RPWs recommendations to
ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER.
9. Records:
a. Maintain at thejob site orderly files for correspondence, reports ofjobconfer-
nces, Shop Drawings and samples, reproductions of original Contract Dacu-
mems including all Work Directive Changes. Addenda, Change Orders, Field
Orders, additional Drawings issued subsequent to the execution of the Con-
tract, ENGINEER's clarifications and interpretations of the Contract Docu-
ments,progress reports, and other Project related documents.
b. Keep a diary or log book, recording CONTRACTOR hours on the job site,
gather conditions, data relative to questions of Work Directive Changes
Change Orders or changed conditions, list ofjob site visitors, daily activities,
decisions, observations in general, and specific observations in more demi] as
in the case of observing test procedures: and send copies to ENGINEER.
e. Record names, addresses and telephone numbers of all CONTRACTORS,
subcontractors and major suppliers of materiels and equipment.
9. Reports
a. Furnish ENGINEER periodic reports as required of progress of the Work and
of CONTRACTOR "s compliance with the progress schedule and schedule of
Shop Droving and sample submittals.
b. Consult x it], ENGINEER in advance of scheduled major tests, inspections or
start of important phases of the Work.
Page 3 of 4
c. Draft proposed Change Orders and Work Directive Changes. obtaining backup
material from CONTRACTOR and recommend to ENGINEER Change Orders,
Work Directive Changes, and Field Orders.
d. Report immediately to ENGINEER and OWNER upon the occurrence ofany
accident.
10. Pa vinew Regnesm Review applications for payment with CONTRACTOR for
compliance with the established procedure for their submission and forward with
recommendations to ENGINEER, noting particularly the relationship of the pay.
rnt requested to the schedule of values. Work completed and materials and
equipment delivered at the site but not incorporated in the Work.
H. Certificates, Maintenance and Operation Manuals: During the course of the Work,
verify that certificates, maintenance and operation manuals and other data required
to be assembled and furnished by CONTRACTOR are applicable to the items
actually installed and in accordance with the Contract Documents, and have this
material delivered to ENGINEER far review and forwarding to O WNER prior to
final payment for the Work.
12. Conpiniow
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to
CONTRACTOR a list of observed items requiring completion or correction.
It. Conduct final inspection in the company of ENGINEER, OWNER and CON-
TRACTOR and prepare a final list of items to be completed or corrected.
c. Observe that all items on final list have been completed or covected and make
recommendations to ENGINEER concerning acceptance.
C. Limitations of Authority
Resident project Representative:
I. Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment, unless authorized by ENGINEER.
2. Shall not exceed limitations ofENGINEER's authority as set forth in the Contract
Documents.
3. Shall not undertake any of responsibilities of CONTRACTOR, subcontractors
or CONTRACTOR's superintendent.
a. Shall not advise on. issue directions relative to or assume control over any aspect
of the means, methods, techniques, sequences or procedures of construction
unless such advice or directions are specifically required by the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other than
Contractor.
9. Shall not authorize OWNER to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections con-
ducted by others except as specifically authorized by ENGINEER.
AMES ENGINEERS
SCHEDULE OF HOURLY EATER
Consulting/Engineering
$60.00
Civil/Structural Engineer
$49.00
Architect
$37.00
Mechanical Engineer
$32.00
Electrical Engineer
$31.D0
Civil Designer
$24.00
Mechanical Designer
$24.00
Clerical/Administrative
$19.00
Draftsperson
$17.00
Effective June 1, 1964"
EXHIBIT "C"
l
95.32 -®RAF;
SEP 101984
AGREEMENT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROJECT ADMINISTRATION
FOR
INSTALLATION OF A RUNWAY SURFACE CONDITION SENSOR SYSTEM
AIR Project No. 3-23-0005-02
at
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
This AGREEMENT is made and entered into at Penobscot County,
Maine effective the 6th day of August, 1989, by and between the
City of Bangor, Maine (hereinafter called the OWNER) and the firm
of Hoyle, Tanner 6 Associates, Inc., Consulting Engineering,
Londonderry, New Hampshire (hereinafter called the CONSULTANT).
WITNESSETH:
WHEREAS, the OMER is the owner and operator of the Bangor Inter-
national Airport located in Bangor, Maine; and
WHEREAS, the OWNER wishes t0 undertake a PROJECT consisting Of
the installation of a Runway Surface Condition Sensor System
in accordance with the.requirements of Federal Aviation Admini-
stration (FAA) Advisory Circular 150/5220-13A dated April 22,
1983 entitled "Runway Surface Condition Sensor Specification
Guide", and specifically including the following:
• Central Processor Unit (CPU) including video terminal,
printer, radio, antenna, modems and software.
a Remote Processor Unit (RPU) including air temperature
sensor, relative humidity sensor, precipitation sensor,
wind speed and direction sensor, radio, antenna and
modem.
Surface Sensors
- 1 -
All the above described work to be hereinafter called the
PROJECT; and
WHEREAS, the OWNER intends to partially finance said PROJECT with
financial aid from the U.S. Government acting through the Federal
Aviation Administration (hereinafter the FAA) under the Airport
Improvement Program (hereinafter AIP); and also with financial
aid from the State of Maine acting through the Maine Department
of Transportation (hereinafter Maine OOT); and
WHEREAS, the OWNER has already undertaken certain actions, and
will undertake other actions, required to obtain the
aforementioned Federal and State financial aid for the PROJECT;
and
WHEREAS, the PROJECT will require approval by the FAA, the Maine
DOT and local government agencies; and
WHEREAS, the OWNER has entered into a contract for the construc-
tion of centerline and touchdown zone lighting systems which
systems are under construction at this timeq and
WHEREAS, the OWNER intends to amend said construction contract to
include the installation of portions the Runway Surface Condition
Sensor System; and
WHEREAS, the FAA has determined the equipment for the Runway
Surface Condition Sensor System to be a "Sole Source" item; and
WHEREAS, the services of a professional engineer or engineering
firm will be required by the OWNER to prepare final designs, con-
tract plans- and specifications, final estimates of construction
costs; to provide general construction administration; to assist
the OWNER in negotiations with the Equipment Manufacturer/Supplier
and the Contractor; to assist the OWNER in advertising for and
the taking of Bids; to assist with project administration; and,
to otherwise assist the OWNER in the conduct of the PROJECT; and
WHEREAS, 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 Ad-
visory Circular 150/5100-14, dated January 13, 1981;
NOW THEREFORE, in consideration of these premises and of the
satisfactory performance by the CONSULTANT of the services here-
inafter provided and for the payments to be made therefore by the
OWNER, the CONSULTANT and the OWNER do hereby agree as follows:
- 2 -
ARTICLE I. SCOPE OF SERVICES - DESIGN PHASE
A. Final Design
The CONSULTANT shall undertake and complete final designs of the
various improvements included in the PROJECT, and prepare
contract plans, specifications, estimates and the like, complete
and ready for negotiation for construction of the PROTECT.
The CONSULTANT'S work under this paragraph shall include but will
not necessarily be limited to:
1. Determination of applicable design criteria as estab-
lished by rules, regulations, etc. of FAA, and by pre-
sent professional engineering standards.
2. Preparation of all necessary final design sketches,
design memoranda, computations, etc.
3. Preparation of a complete set of reproducible
construction plans detailing all of the proposed
PROSECT construction.
4. Preparation ofconstructionspecifications for the PRO-
JECT work including all required general conditions,
special conditions, technical specifications, etc., COM -
plate, ready for negotiation with manufacturers/sup-
plier and contractors.
5. Coordination of all final design work with the OWNER,
the FAA and Maine DOT, including submission of construc-
tion plans and specifications for review and approval.
6. Making revisions to construction plans and specifica-
tions asrequired to obtain the approval of the FAA and
Maine DOT.
]. Preparation of detailed final construction cost esti-
mates for the PROJECT work.
8. Printing of final construction plans, specifications,
contract documents and the like as required for review
and approval submissions, and for bidding and
negotiation purposes. _
- 3 -
ARTICLE II. SCOPE OF SERVICES - CONSTRUCTION PHASE
The CONSULTANT shall provide engineering services throughout the
bidding and construction periods. The services which shall be
provided under this Article will include:
A. Bidding
1. Assist OWNER in issuance of bid documents.
2. Attend pre-bid conference as deemed necessary by OWNER
or the FAA, and advise as to matters relating to design
as they may arise during the bidding.
3. Prepare revisions or addenda to bid documents, if
necessary.
4. Assist OWNER in evaluating bids and sub -bids and/or
proposals-, recommend to OWNER and the FAA theaward or
rejection of bids, and assist in assembling, awarding
and executing Contract Documents.
B. General. Construction Administration
1, Assist the OWNER in negotiation for the purchase of
.equipment and for the installation of said equip
and assist in assembling, awarding and executing Con-
tract Documents.
2, Preparation and negotiation of change orders and
supplemental agreements.
3. Consultation and advice to the OWNER during
construction.
4. Preparation of supplementary sketches required to
resolve actual field conditions encountered.
5, Reviewing detailed construction, shop, and erection
drawings submitted by contractor for compliance with
design concept.
6. Reviewing and analysing laboratory, shop, and mill test
reports and certificates for materials and equipment.
]. Review and approval of periodic estimates submitted by
the resident engineer for partial and final payments to
the contractor.
- 4 -
R. General Construction Administration (Cont.)
S. Making periodic 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
the performance tests required by specifications.
10. Attendance at final review of the completed
construction and preparation of a report on any
deficiencies, corrective actions required, to. 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 DOT.
ARTICLE III. SCOPE OF SERVICES - PROSECT ADMINISTRATION
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:
1. Preparation of forms and supporting back-up material
required in connection with obtaining the Federal
grants, including both preapplications and final grant
application.
2.. Preparation and assistance with forms and supporting
documentation required by the OWNER to obtain partial
and final grant payments from the FAA and the Maine
DOT under each grant.
3. As reasonably requested, assistance with any other
administrative -type work required by the OWNER in
connection with the PROSECT.
ARTICLE IV. 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
ANT
der
is Article and
pThe aymentOfsande charges byNtheTONNERnshallhconstftute full
compensation for all expense incurredbythe CONSULTANT in
connection with the service se-axesa costs d ingconnection with
Federal and State unemploymentHees, supplies and equipment, the
employees benefits, office ex pe
general costs of doing business, and the CON SULTANT's profit.
B. Lump Sum Fees
for The CONSULTANT shall charge lump
= fees this
wil work AGREEMENTndeThe
um
Article I, sto b II, and
Article the CONSULTANT and paid by the
lump sfees to be charged by
OWNER shall be as follows;
1. For all work under Article's, Paragraph A, Final De-
sign' UMPOSSon o.O FeFee of Seven Thousand and 00/100
Dollars
2. For all work under Article II, Paragraph A, Bidding a
Lump Sum Fee of Two Thousand, Six Hundred and 00/100
Dollars ($2,600.00)-
3. For all work under Article II, Paragraph B, General
Construction Administration, a Lump Sum Fee 2£900.00).
Thousand, Nine Hundred and 00/100 Dollars 1$2,
q,.' For all work under Article III, Scope of Services
Project Administration, a Lump Sum Fee of One Thousand,
Five Hundred and 00/100 Dollars ($1,500.00).
ARTICLE V. TIME ANO METHOD OF PAYMENT
The ONSULTT willon for
ayment for
workOcompleted undermthismAGREEMENT. The imonthly p he
akeonthly applications
shall be on £Dims approved by the OWNER. The OWNER shall prompt-
view and process the most
menthly applications and shall make gay-
ly =eto the CONSULTANT on a monthly basis.
ARTICLE VI. ADDITIONAL WORK
If, during the term of this contract, the scope of character of
the work is changed substantially, or if the time for completion
is increased substantially due to circumstances beyond the con-
se t
trol of the CONSULTANT; and if such changna additional thereby w fees shall
wo=k to be performed by the CONSULTANT, a
be paid to the CONSULTANT. The additional work and the compen-
sation therefore shall be provided for ina written
ntam ndmentONNERato
this AGREEMENT, said amendment to be negotiated
the CONSULTANT, and approved by the FAA and the Maine OOT.
- 6 -
ARTICLE VII. TIME FOR COMPLETION
A. Final Design
The CONSULTANT shall complete all work under Article I of this
AGREEMENT and submit completed construction plans and specifi-
cations to the OWNER and the FAA and other agencies having juris-
diction for review an October 1, 1984.
B. General Construction and Proiect Administration
The CONSULTANT shall undertake all work under Articles II and III
of this AGREEMENT in a timely fashion as requested by the OWNER
sand as required to facilitate progress and completion of the PRO-
JECT.
ARTICLE VIII. 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 CONSULTANT 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 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 OMER 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 _`or the OWNER on matters
Effecting this PROSECT.
B. Access for Field Work
it will be necessary for the CONSULTANT's personnel to inspect
existing buildings and facilities, 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,
7 -
ARTICLE X. COMPLIANCE WITH REGULATIONS
As the PROJECT is to be partially financed with Federal grant
aid, and will be subject to approval by the 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 and other
governmental agencies having jurisdiction. It shall be the
CONSULTANT's obligation to assist the OWNER in obtaining all
required approvals.
ARTICLE XI. TERMINATION
This AGREEMENT may be terminated (in full or in 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.
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 from such breach of this
AGREEMENT; provided, however, that as to all plans, drawings,
estimates, 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.
ARTICLE XII. CONSULTANT 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,
examinations,excerpts, and transcriptions. The CONSULTANT shall
maintain all "iecords for three years after OWNER makes final
payment and all other pending matters are closed.
ARTICLE XIII. ATTACHMENTS TO AGREEMENT
Exhibit "A", Exhibit "B" and Exhibit "C", 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 the attachments
hereto, the terms of this AGREEMENT shall prevail.
n WITNESS WHEREOF, the parties hereto have affixed their seals
and hands of their duly authorized officers at Penobscot
County, Maine, effective the date first above written.
City of Banoor, Maine
(OWNER)
BY: ATTEST:
HOYLE, TANNER 6 ASSOCIATES, INC.
)CONSULTANT)
BY: ATTEST:
James D. Boothroyd
Senior Vice President
9
EXHIBIT A
AGREEMENT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROJECT ADMINISTRATION
FOR
INSTALLATION OF A RENEW SURFACE CONDITION SENSOR SYSTEM
AIP Project No. 3-23-0005-02
at
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
During the performance of this contract, Hoyle, Tanner 6
Associates, Inc. for itself, its assignees and successors in
interest(hereinafterreferred to as the "Contractor") agrees as
follows:
1. Compliance with Re§ulations. The Contractor shall
comply with the R— egaiatno�3ve to nondiscrimination in
Federally -assisted programs of the Department of Transportation
(hereinafter "DOT") Title 49 CodeofFederal 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 contract.
2. Nondiscrimination. The Contractor, with regard to the
work performed by it d ing the contract, 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 Contractor shall not
participate either directly or indirectly in the discrimination
prohibited by section 21.5 Of the Regulations, including
employment practices when the contract covers a program set forth
in Appendix B of the Regulations.
Page I of 3
3. Solicitations for Subcontracts: xnoluding Procurements
of Materials an Equipment. In all solicitations art ext bt pe-
titive bidding or negotiation made by the Contractor for work to
be performed under a subcontract, including procurements of _
materials or leases of equipment each potential subcontractor or
supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to
nondiscrimination on the grounds of race, color, or national
origin.
4. Information and Reports. The Contractor shall provide
all information and reports required by the Regulations, or direc-
tives 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 sponsor 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
possession of another who fails or refuses to furnish this
information. the Contractor shall so certify to the sponsor or the
Federal Aviation Administration as appropriate, and shall set
fcrth what efforts it has made to Obtain the information.
5. Sanctions £or Noncompliance. In the event of the Con-
tractor's noncompiiahce with Che nondiscrimination provisions of
this contract, the sponsor shall impose such contract sections as
it or the Federal Aviation Administration may determine to be ap-
propriate, including, but not limited to:
a. withholding of paymente to the Contractor under
the Contract until the Contractor complies, and/or
b. Cancellation, termination, or suspension of the con-
tract 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 CPR PART 23 shall have the maxi-
mopportunity to participate in the performance
of contracts financed
:ole or in part with
federal funds under this agreement. -Consequently,
the MBE requirements of 49 CFR Part 23 apply to
this agreement.
Page 2 of 3
b. MBE obligation. The Contractor agrees to ensure
that minority business enterprises as defined i
49 CFA Part 23 have the maximum opportunity to par-
ticipate in the performance of contracts and sub-
contracts financed in whole or in part with -
federal funds provided under this agreement. In
this regard, all sponsors or contractors shall
take all necessary and reasonable steps in ac-
cordance with 49 CFA Part 23 to ensure that
minority business enterprises have the maximum op-
portunity to compete for and perform contracts.
The Contractor shall not discriminate, on the basis
of race, color, national origin, or sex in the
award and performance of DOT assisted contracts.
]. Incorporation of Provisions. The Contractor shall in-
clude theprovisionparagraphs of 1 through 6 in every subcon-
tract, including procurements of materials and leases of equip-
ment, unless exempt by the Regulations or directives issued pur-
suant thereto. The Contractor shall take such action with res-
pect to any subcontract or procurement as the sponsor 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 Contractor becomes involved
in, or is threatened with, litigation with a subcontractor or
supplier as a result.of such direction, the Contractor may re-
quest the sponsor to enter into such litigation to protect the in-
terests o8 thesponsor and, inaddition, the Contractor may re-
quest the United States to enter into such litigation to protect
the interest of the United. States.
Page 3 of 3
EXHIBIT e
AGREEMENT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROSECT ADMINISTRATION
FOR
INSTALLATION OF A RUNWAY SURFACE CONDITION SENSOR SYSTEM
AIR Project No. 3-23-0005-02
AT
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
CERTIFICATION OF CONSULTANT
I hereby .certify that I am the Senior Vice President and duly
authorized representative of the firm Hoyle, Tanner s Associates,
Inc., whoseaddressis 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 contract.
(b) agreed, as an express or implied condition for
obtaining this contract, to employ or retain the
services of any firm or person in connection with
carrying .out the contract, or
Page 1 of 2
(c) paid or agreed to pay to any zinc, organization, o
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
contract.
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 contract involving
participation of Airport Improvement Program (AIP) funds and is
subject to app-icable State and Federal laws, both criminal and
civil.
Date James D. Boot roy
Page 2 of 2
EXHIBIT C
AGREEMENT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROSECT ADMINISTRATION
FOR
INSTALLATION OF A RUNWAY SURFACECONDITIONSENSOR SYSTEM
AIP Project No. 3-23-0005-02
AT
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
-ESTIMATED ENGINEERING COSTS
ARTICLE I. SCOPE OF
SERVICES
- DESIGN PHASE
A. Final Design
HOURS
AMOUNT
TOTAL
Chief Engineer
8
21.00
$ 168
Project Engineer
56
15.00
840
Electrical Engineer
8
20.00 =
160
Staff Engineer
20
12.00 =
240
Chief Drafter
4
14.50 =
58
Drafter
24
11.00 =
264
Technical Typist
16 _
7.50 =
120
Direct Labor
=
$1,850
Payroll Overhead (40.78
x Labor)
=
753
General 6 Admin. Overhead
(128.09
x Labor) =
2,368
Total Labor b Overheads
=
4,971
Profit - 158
=
X46
Total Labor, Overheads
s Profit
5,717
Miscellaneous Direct Non -Salary Expenses.
Travel
$ 500
Printing Plans and Specifications 750
30 sets @ $25 Ea.
Communications S Miscellaneous
50
$1,300
Total
=
$7,017
USE: Contract
Lump Sum
$7,000
Page 1 of 5
ARTICLE II. SCOPE OF
SERVICES
- CONSTRUCTION
PHASE
A. Bidding
HOURS
AMOUNT
TOTAL
Construction Manager-
20
$19.00
$ 380
Project Engineer
12
15.00
=
180
Staff Engineer-.
16
12.00
192
Technical Typist
8
7.50
=
60
Direct Labor
_
$ 812
Payroll Overhead (40.7%
x Labor)
330,
General 6 Admin. Overhead (128.08
x Labor)
=
1_,39
Total Labor 6 Overheads
n
2.181
Profit - 158
=
327
Total Labor, Overheads
6 Profit
=
$2.508
Communications and Miscellaneous
=
100
Total
=
$2,608
USE Contract Lump Sum.
=
L2 �600
Page 2 of 5
E. General Construction Administration
-
HOURS
AMOUNT
TOTAL
Construction Manager
24
$19.00
=
$ 456
Staff Engineer
20
11.00
=
22G
TechnicalTypist
16
7.50
120
Direct Labor
=
796
Payroll Overhead (40.7% x
Labor)
=
324
General S Admin. Overhead
(128.01
x Labor)
=
1,019
Total Labor 6 Overheads
-
_ -
2,139
Profit - 15%
-_
321
Total Labor, Overheads 6
Profit
=
$2,400
Miscellaneous Direct Non -Salary
Expenses:
Travel
$450
Communications 6
Miscellaneous
so
-
$500
_
$ 500
Total
$2,960
.USE Contract
Lump Sum
=
$y
Page 3 of 5
ARTICLE III. SCOPE OF SERVICES - PROJECT ADMINISTRATION
NODES AMOUNT
Chief Engineer 4 $21.00 =
Project Engineer 8 15.00 +
Staff Engineer - 10 12.00
Technical Typist 18 7.50 =
Direct Labor
Payroll Overhead (40.7% x Labor)
General 6 Admin. Overhead (128.0% x Labor)
Total Labor 6 Overheads
Profit - 15%
Total Labor, Overheads 6 Profit
Miscellaneous Direct Non -Salary Expenses:
Communications c Miscellaneous
Total
USE: Contract Lump Sum
Page 4 of 5
TOTAL
$ - 81
120
120
135
$ 456
185
584
1,.225
183
$1,408
100
$1,508
$1,500