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HomeMy WebLinkAbout1980-05-28 191 AH ORDER191 AH Introduced by Councilor sorry, May 28, 1980 CITY OF BANGOR (TITLE) Mrl¢rt.........Aptha iAiBg city Manager to_Execuse Contract with,,,,.,, Hoyle Tanner& -A at e, Inc,. By We City Cowmen of the My of Baurt r. ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute a contract with Hoyle, Tanner & Associates, Inc., for the program development and preliminary design work for terminal improvements at Bangor International Arrivals building. A copy of the contract is on file in the office of the City Clerk. Council Mey 191 9 ORDER ao narzi PZ:1e Title, Avthorlaing City mene6er to ExecuteCIflEpcJ' i� ................... ...... CI%Y OiNGvF Contract rd.th HeylepTorn AeaoclatespIm. C1ERx ...................................... Introduced a dfi d by 191 AH . CONTRACT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR TERMINAL BUILDING IMPROVEMENTS BANGOR INTERNATIONAL AIRPORT This AGREEMENT made and entered into at Penobscot County, Maine, this day of1980, by and be- tween the City—o M Bangor, aine hereinafter called the OWNER) and the firm of Hoyle, Tanner & Associates, Inc., Consulting Engineers, Londonderry, New Hampshire (herein- after called the CONSULTANT). - I WITNESSETH: - WHEREAS, the OWNER wishes to undertake a PROJECT consisting of various improvements to the terminal building at Bangor' International Airport, which improvements more specifically include the following: • The installation of an additional passenger loading bridge for the international arrivals section of the terminal complex. • ImprovemenEs to the baggage handling facilities in both the domestic and international areas of the termi- nal complex. • Improvements to the immigration area on the second floor level of the international arrivals section to reduce congestion in that area and in the concourse which serves that level of the building. • Installation of floor coverings in certain areas of the international arrivals terminal. Presently, there are no floor coverings except in the boarding room and concourse areas. • Installation of a signing system. The signing system would include regulatory type signs to provide direc- tionO. information for passengers and flight depar- ture information. The flight departure signs would supplement the existing address system. • Other improvements might include, but not necessarily be limited to, improvements related to facilities for handicapped people and code enforcements. The work items identified above have been determined to be the primary and most critical improvements required for the. terminal complex. They are based on numerous meetings with the OWNER and with the realization of budget limitations. It is passible that other items of work indirectly related to the above items could be determined to be appropriate far inclusion in the project. All of the foregoing to be 'hereinafter referred to generally as the PROJECT. WHEREAS, the OWNER intends to partially finance said PROJECT with financial aid from the U. S. Government act- ing through the Federal Aviation Administration (herein- after the FAA) under the Airport Development Aid Program; and WHEREAS, the OWNER also intends to partially finance said PROJECT with financial aid from the State of Maine acting through the Maine Department of Transportation (herein- after the Maine DOT); and WHEREAS, the OWNER has already undertaken certain actions required, and will undertake the other actions required, to obtain the aforementioned Federal and State financial aid for the PROJECT, and has, through the governing body of the City of Bangor, duly authorized the PROJECT; and WHEREAS, the services of a professional engineering/ architectural firm are required by the OWNER to prepare a detailed improvement program including the preparation of various alternatives and the preparation of cost esti- mates for the proposed improvements, which program will 2 - become the .basis for determining the improvements for which final designs will be prepared under a separate _ Contract; and WHEREAS, such services are of a distinct professional and non-competitive nature, and the OWNER has selected the CONSULTANT to provide the required services; NOW THEREFORE, in consideration of these premises and for the satisfactory performance by the CONSULTANT of the services hereinafter provided and for the payments to be made therefor by the OWNER, the CONSULTANT and the OWNER do hereby agree as follows: ARTICLE I - SCOPE OF SERVICES The CONSULTANT'S work under this AGREEMENT shall include, but not necessarily be Limited to, the following: 1. Meetings with the OWNER, Tenants and/or Agencies in- volved to establish current key problem areas and ap- parent future needs in the short and long -terms. 2. Review existing plans of the terminal complex and check and correct the key areas and prepare up -dated "as is" drawings including the apron site plan, floor plans, major sections and elevations. 3. Prepare initial alternative solutions to problems and review them with the OWNER. 4. Select proposed solutions or reduce alternatives and prepare coat estimates. 5. Review proposed solutions or limited alternatives with the Owner, the FAA and the State and select an improve- ment program. _ 6. Prepare a program report identifying those items which will be included in the immediate final design project and which would also identify future improvements which may be necessary beyond the scope of the PROJECT. 3 - ARTICLE II.- CONDENSATION 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 this AGREEMENT. The charges made by the CONSULTANT and the payment of said charges by the OWNER shall constitute full compensation for all expenses incurred by the CONSULTANT in connection with the services rendered, including F.I.C.A. taxes; Federal and State unemployment taxes, costs in connection. with the employees benefits, office expenses, supplies and equipment, the general costs of doing business, and the CONSULTANT'S profit. - The CONSULTANT shall •charge a lump sum fee, in the amount Of Fifteen thousand and 00/100 dollars ($15,000.00), for all work under this AGREEMENT. ARTICLE III - 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 forms approved by the OWNER. The OWNER shall promptly review and process the monthly application and shall make payment to the CONSULTANT on a timely basis. ARTICLE IV - TIME FOR COEPLETION The CONSULTANT shall complete all work under this AGREE- MENT and submit a final report to the OWNER, the FAA, the MOT, and other agencies having jurisdiction for review within 30 calendar days of receipt of a duly executed copy of this .AGREEMENT and written notice to proceed with the work. ARTICLE V - ASSIGNED PERSONNEL The CONSULTANT shall assign an experienced Registered Professional Engineer, acceptable to the OWNER, to be in 4 - responsible charge of the work performed under this AGREE- MENT. 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 re- quired. ARTICLE VI - TO BE PROVIDED BY THE OWNER A. Existina Information The OWNER shall provide the CONSULTANT with all available information, data, plans, etc. pertinent to the CONSUL- TANT'S work under this AGREEMENT. The OWNER shall assist the CONSULTANT as necessary to obtain available pertinent information from Federal, State or local officials or from other engineers or others who have previously worked for the OWNER on matters affecting the PROJECT. B. Access for Field Work In order to complete designs, etc. it may be necessary for the CONSULTANT'S personnel to undertake field investiga- tions, etc. on airport property. The OWNER shall arrange for timely access by the CONSULTANT's employees to all Pertinent portions of the Airport. ARTICLE VII - COMPLIANCE WITH REGULATIONS As the PROJECT is to be, partially financed with Federal and State grant aid, and is subject to the jurisdiction of the FAA and the Maine DOT, it is a specific require- ment of this AGREEMENT that all work done by the CONSUL- TANT be in strict compliance with all applicable rules, regulations, standard specifications, or other require- ments of the Federal Aviation Administration and the Maine DOT. It shall be the CONSULTANT'S obligation to assist the OWNER in obtaining all requiredapprovalsfrom the FAA and the Maine DOT.. - 5 - ARTICLE VIII - TERMINATION This AGREEMENT may be terminated (in full or in part) by the OWNER upon 10 day written notice to the CONSULTANT. Upon such termination the OWNER shall pay the CONSULTANT all charges made for work done prior to the termination and the CONSULTANT shall turn over to the OWNER all com- pleted work in whatever form it then exists, and said work shall become the property of the OWNER. ARTICLE IX - ATTACIPIENTS TO AGREEMENT Exhibit "A" and Exhibit "B", which are appended at the and of this AGREEMENT, are hereby made a part of this AGREEMENT by reference and shall have the same full force and effect as if they were here written out in full. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals at Penobscot County, Maine the day and date first above written. Signed By: Name & Title: CITY OF(BANGORf MAINE lwwwnnl Sohn Flynn - City Manager HOYLE TANNER & ASSOCIATES, INC. NBULTANT� Signed By: F All, John W. T ner Cl Treasurer and Clerk 6 EXHIBIT A CONTRACT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR TERMINAL BUILDING IMPROVEMENTS BANGOR INTERNATIONAL AIRPORT During the performance of this contract, Hoyle, Tanner & Associates,_ Inc. for itself, its assigneesand successors in interest (herein -after referred to as the "Contractor") agrees as follows: I - 1. Compliance with Regulations. The Contractor shall comply with the Regulations re ative to nondiscrimin- ation.in Federally -assisted programa of the Department of Transportation (hereinafter DOT"). Title 49 Code of Fed- eral 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 per orme y eduring the contract, shall not discriminate on the grounds of -race, color, or national origin in the sebection and retention of subcontractors, including procurements of materials and leases of equip- ment, The Contractor shall not participate either direct - 1y 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. 3. Solicitations for Subcontracts: Includin¢ Pro- curements or Materials and E ui ment. In a ao icitations eit er y competitive bi ing 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 nondiscrim- ination on the grounds o£ race, color, or national origin. Page 1 of 2 EXHIBIT B CONTRACT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR TERMINAL BUILDING IMPROVEMENTS BANGOR INTERNATIONAL AIRPORT CERTIFICATION OF CONSULTANT I hereby certify that I am the Treasurer and duly authorized representative of the firm Hoyle, Tanner & Associates, Inc., whose address is One Technology. Park, Londonderry, New Hamp- shire 03053, and that neither I northeabove firm I here represent has: (a) employed or retained for a commission, per- centage, 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 re- tain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organiza- tion, or person (other than a bona fide em- ployee working solely for me or the above consultant) any fee, contribution, donation, r consideration of any kind for, or in con- nection 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 con- tract involving participation of Airport Development Aid Program (ADAP) funds and is subject to a plicable State and Federal la�`�//$$$a� /�both criminal and c v (D 'e) Sohn W. T nner Pag o£ 1 4. Information and Re ores. The Contractor shall provide all 'in ormation an reports required by the Regula -- rinds, or directives issued pursuant thereto, and shall per- mit access to its booksrecords, 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 Noncom liance. In the event of the Contractors noncomp rance wica the nondiscrimination Provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal Aviation Administra- tion may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or b. Cancellation,termination, or suspension of the contract in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or pro- curement as the sponsor or the Federal Aviation Administra- tion may direct as a means of enforcing such provisions in- cluding sanctions for noncompliance; provided however, that in the event a Contractor becomes involved in, or is threat- ened with, litigation with a subcontractor or supplier as a re- sult of such direction, the Contractor may request the spon- sor to enter into such litigation to protect the interest. of the sponsor and, in addition, the Contractor may request the United States to enter into such litigation to protect the interest of the United States. - Page 2 of 2 -