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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 — 24 185 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 240 405 — 97 742 C. Typing 135 228 — 54 417 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