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HomeMy WebLinkAbout1979-04-09 224 AG ORDERna As Introduced by Councilor Soucy, April 9, 1979 _ CITY OF BANGOR (TITLE) (Datr Author izing.,Execution of Contract-for Professional Services at Bangor International Airport BY Me Cam Cowuil MBu Cit of ReAlor. ORDERED, THAT the City Manager is hereby authorized and directed on behalf of the City of Bangor to execute an agreement with the firm of Hoyle, Tanner and Associates, Inc., Consulting Engineers, Londonderry, New Hampshire, a copy of said agree- ment to be on file in the office of the City Clerk, providing professional planning and engineering services to develop an Airport Master elan Update for Bangor International Airport. IN CITY COBNCIL APAIL 9.1979 � .. 3:.e^n 224 AG D R PASSED O _ O R p E R Title. �A- AUTHORIZING EXECUTION OF CONTRACT FOR U111 ......................... PROFESSIONAL SERVICES AT BANGOR INTERNATIONAL AIRPORT In400duced(and am/sled n 6Co 224 AG 0/-0m.7 CONTRACT BETWEEN CITY OF BANGOR, MAINE AND HOYLE, TANNER 5 ASSOCIATES, INC. LONDONDERRY, NEW HAMPSHIRE THIS LUMP SUM. CONTRACT entered into this day of 1974 at Penobscot County, State of a neLi3Tiy aa�G—etween the City of Bangor, Maine (here- inafter referred to as the "Sponsor") and the firm of Hoyle, Tanner 6 Associates, Inc., a corporation having its principal office in Londonderry, New Hampshire (hereinafter referred tows the "Consultant") WHEREAS, the Sponsor has entered into a contract with the United States of America, acting through the Federal Aviation Administration, (hereinafter referred tows the Grant Agreement); and WHEREAS, the Sponsor is required to develop an Airport Master Plan Update for Bangor International, Airport as outlined in the Grant Agreement; and WHEREAS, the services of a professional planning and/or engineering firm are required by the Sponsor to complete the development of the aforementioned Airport, Master Plan Update; and WHEREAS, the parties hereto have agreed that the Consul- tant shall provide the required services, and that such services are of a distinct professional and non - comparative nature; NOW THEREFORE, in consideration of these premises, and of the satisfactory performance by the Consultant of the services hereinafter provided and of the payments to be made therefore by the Sponsor, the parties hereto do hereby mutually agree and covenant as follows: ARTICLE I - SCOPE OF WORK A. The Consultant, as an independent consultant and not as an agent of the Sponsor, shall furnish qualified per- sonnel, supplies, and facilities (except that to be fur- nished by the Sponsor as indicated in Article II below) and shall perform the work required to complete an Air- port Master Plan Update in accordance with .the "Program Narrative" included in the Grant Agreement, which "Pro- gram Narrative" is attached hereto as Exhibit "A" and made a part hereof. All of the work to be performed hereunder by the Consultant shall be under the guidance of the Sponsor and shall be performed in accordance with the instructions of the Sponsor applicable thereto, but in all other respects the Consultant shall be an inde- pendent Consultant and its employees shall at all times be and remain employees of the Consultant subject to its rights of direction, control and discipline. It is mutually agreed and understood that a portion of the Consultant's services are to be provided by L. G. Copley Associates, under sub -contract to the Consultant, as specified in Section I4 of Exhibit "A". B. The Consultant shall cooperate with representatives and employees of the Sponsor and also representatives of the Maine Department of Transportation and the Federal Aviation Administration to the and that the project may proceed expeditiously and economically. The Consultant agrees to attend meetings with representatives of the Maine Department of Transportation, the Federal Aviation Administration and the Sponsor at Augusta, Maine; Burlington, Massachusetts and/orat the Consultant's office, as reasonably required to satisfactorily complete the planning effort. C. The Consultant shall deliver to the Sponsor all of the documentation in the number of copies specified, as provided for in Section SII, "Element 15 - Documentation" on page 47 of Exhibit "A" attached. Upon written request - 2 from the Sponsor, the Consultant shall provide addi- tional copies of documentation, but the actual cost for printing and providing such additional copies is beyond the scope of this Contract and will be billed separately to the Sponsor at cost. D. The Consultant shall provide progress reports, sub- mit other documentation and attend meetings as speci- fiedvnder Section II, "Project Organization and Admin- istration" beginning on page 11 of Exhibit "A" attached. L. G. Copley Associates will provide reports, submit other documentation and attend meetings as. specified under Section IV of Exhibit "A". ARTICLE II - SPONSOR FURNISHED SUPPORT AND DOCUMENTATION A. The Sponsor shall furnish to the Consultant, as needed and free of charge, such information and data as are available to the Sponsor and as may be required by the Consultant for the performance of this Contract. R. The Sponsor shall arrange and provide for access onto or entry into: (1) any and .all airport areas and facilities, and (2) properties in the airport vicinity now awned by the Sponsor, as required for representatives of the Consultant to perform field work, make visual in- spections, or the like, as reasonably necessary to the satisfactory performance of the Consultant's work. C. The Sponsor shall, without cost to the Consultant, be solely responsible for placing newspaper advertise- ments and/or dvertise- mentsand/or otherwise publicizing meetings if appropri- ate. C. The Sponsor shall, to the Fullest extent of its ability to do so, insure that the force account work by City employees as proposed under Section V of Exhibit "A", is provided in full, and that such force account work is provided in a timely manner consistent with the project schedule. ARTICLE III - TIME FOR PERFORMANCE A. The Consultant shall complete the planning effort, as required by Article L above, up to the point of com- pleting and submitting, for review,draft copies of the - 3 - "Master Plan Technical Report", within 12 months after receipt of written notice to proceed from the Sponsor. This assumes no unreasonable delays for reviews and/or approvals. of progress reports, etc. Thereafter, 3 months will be requiredfor finalizing and printing the final document. ARTICLE IV - PLACE OF PERFORMANCE The Consultant shall perform the work under this Contract at Bangor International Airport, the Offices of Sponsor and the Consultant's facilities located in Londonderry, New Hampshire, as appropriate for communications and co- ordination purposes, and at such other locations as are required for satisfactory performance and completion of the work. ARTICLE V - CONSIDERATION AND PAYMENT A. In consideration of the satisfactory completion of work as provided herein, and upon acceptance thereof by the Sponsor, the Consultant shall be paid a lump a= fee of $123,200.00. Said lump a= fee shall be deemed full compensation for the satisfactory completion by the Consultant of all work under Article I above, as more particularly described in Exhibit "A" attached hereto. B. The Consultant shall receive partial payments upon submission of monthly invoices, supported by monthly status reports together with appropriate Federal Avia- tion Administration grant payment application forms. The Consultant shall invoice the Sponsor monthly on a per- centage completion basis and the Sponsor shall pay the Consultant's monthly invoices in a timely manner, except that the Sponsor shall not be required to pay more than 90% of the total contract amount until final acceptance of the complete airport master plan update report and drawings. C. Final payment to the Consultant shall be made within thirty (30) days after completion of all work, delivery of the final reports and acceptance thereof by the Sponsor. ARTICLE VI - TERMINATION This Contract may be terminated (in full or in part) at any time by the Sponsor upon 10 day written notice to the - 4 - Consultant. Upon such termination, the Sponsor shall pay the Consultant all charges made for work satisfac- torily completed prior to the termination, the Consul- tant shall turn over to the Sponsor all completed work in whatever farm it then exists, and said work shall then become the property of the Sponsor. ARTICLE VII - GENERAL CONDITIONS A. During the performance of this Contract, the Consul- tant for itself, its successor'and assigns agrees to comply with and abide by all the provisions set forth in Appendix A of FAA Form 5900-8 (3-72) numbered 1 through 6, all of which are incorporated herein by re- ference, and made a part hereof as though expressly set out at length as part of this Contract. B. No member of or delegate to Congress, or resident commissioners, shall be admitted to any share or part of this Contract, or to any benefit that may arise there- from; but this provision shall not be construed to ex- tend to this Contract if made with a corporation for its general benefit. C. The Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consul- tant for the purpose of securing business, For breach or violation of the warranty the Government and/or the Sponsor shall have the right to annul this Contract with- out liability, or at their discretion, to deduct from the Contract price or consideration, or otherwise, recover, the full amount of such commission. D. The Consultant has read and is familiar with the pro- visions the Planning Grant Agreement between the Federal Aviation Administration and the City of Bangor. E. The Federal Aviation Administration and the Naine Department of Transportation are not parties to this Contract. F. No material prepared directly in connection with. the work under this. Contract shall be subject to copy- right in the United States, or in any other country. G. The Consultant shall maintain its records .for a period of three (3) years during which time they will be available for audit by the Federal Aviation Admin- istration. H. No planning or engineering services in excess of those expressly set forth in this Contract shall be accomplished without prior approval of the Sponsor and Federal Aviation Administration. ARTICLE VIII - TITLE TO DOCUMENTATION All plans, documents, exhibits, and materials gener- ated by the Consultant in the execution of this Con- tract shall become the property of the Sponsor and turned over to the Sponsor upon request, after the acceptance of the final report and payment of com- pensation in full to the Consultant. BOTH PARTIES hereto warrant and represent that they have full right, power and authority to execute this Contract. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF BANGOR MAINE SPONSOR By: John W. Flynn, City Manager HOYLE, TANNER & ASSOCIATES INC.. CONSULIAM ) By: John amer, reasurer er - 6 -