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 -