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HomeMy WebLinkAbout1979-03-26 199 AG ORDER199 AG Introduced by Councilor sorry, March 26, 1979 CITY OF BANGOR (TITLE.) @rb2ry-_Author ing_e_xec t iPn of„f9ontract for. FrofessrORal_. Services at Bangor International Airport .--- --------- .__'_"........ __..._............ ............. ..... ..-------- ...- _..._ By the Hay comma of am0tr ofBrz _, ORDERED, TEAT 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 agreement being on file in the office of the City Clerk, for providing professional engineering and project administration services, site prepara- tion for a future glide slope antenna, rehabilitation of a carrier ramp drainage structures, commuter apron expansions and obstruction removal for runway including clearing, grubbing and grading at Bangor International Airport. ai 4'r { In City Council Norah 26 1949 i•2? 199 AT Rafered to Fingnas Co®d.ttee 0 R U e R Consider -next meatier Title, Authorising execution of Contract ................................... UltY ark K for Profedkonel services ato. ................................ International Airport - IN CITY COUNCIL APRIL %I1 PASSED Intro and Hl —G. y �. Co ]man ' ITY CL�"""',tl RV CONTRACT FOR PROFESSIONAL SERVICES ENGINEERING AND PROSECT ADMINISTRATION AIRPORT IMPROVEMENTS ADAP PROSECT NO. 6-23-0005-07 BANGOR INTERNATIONAL AIRPORT - This AGREEMENT made and entered into at Penobscot County, Maine, this day of ,1979t by and between the City of Bangor, Frarne (herein�Callen the OWNER) and the firm of Hoyle, Tanner 5 Associates, Inc., Consulting Engineers, Londonderry, New Hampshire (hereinafter called the CONSULTANT). WITNESSETH: WHEREAS, the OWNER wishes to undertake a PROJECT consisting of various airfield improvements at Bangor International Air- port, which improvements are more specifically described as follows: I. Site Pre aration for a Puture Glide Slope Antenna: The worRUTI—inc u e�Tgzad� XIII an —drarn- age improvements. The antenna and related equip- ment is to be.Lnstalled by a division of FAA. 2. Rehabilitation of Air Carrier Ramp Drainage Struc- tures:. e'Ph worms a nca ufiZT3T�onscrucc o: n or poitions of transverse trench -type reinforced concrete drainage structures which are located in the area of the main ramp used for. civil air car- rier operations both domestic and international. 3. CovmuterrAgro n E'z anion: This work shall con- sist o thf a constmction of additional apron space (approximately 3700 S.Y.) 'for commuter airlines including the relocation of an existing ramp as- curity floodlighting tower.. 4. Obstruction Removal for Runway 15-53 includfn ear n ru an ,caving: T 1s wor s all nc u e tree clearing, stumpngrubbing and earth grading in various areas along the runway to re- move obstructions from primary and transition surfaces or other Airport imaginary surfaces. All of the foregoing to be hereinafter referred to as the PROJECT which will include three separate construction con- tracts including one for the commuter apron, one for the glide slope antenna site grading and obstruction removal, and one for the air carrier ramp drainage structure im- provements. 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 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 (hereinafter the Maine OCT); and WHEREAS, the OWNER has already undertaken certain actions required to obtain the aforementioned Federal and State financial aid for the PROJECT, and has, through the govern- ing body of the City of Bangor, duly authorized the PROJECT; and WHEREAS, the OWNER has already contracted with the CONSULTANT for professional engineering services to provide. preliminary designs and estimates for the PROJECT; and WHEREAS, the services of a professional engineer or engineer- ing firm are required by the OWNER to prepare final designs, contract plans and specifications, estimates of construction costs; to provide certain engineering services during construc- tion; 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 the OWNER has selected the CONSULTANT to provide the required services as a continuation of the pre- liminary engineering services already completed; NOW THEREFORE, in consideration of these premises and for the satisfactory performance by the CONSULTANT of the services - 2 - hereinafter provided and for the payments to be made there- for by the OWNER, the CONSULTANT and the OWNER do hereby agree as follows: ARTICLE i. SCOPE OF SERVICES - DESIGN PHASE A. Preparation of Final Designs, Plans and Specifications The CONSULTANT shall undertake and complete final designs of the various improvements included in the PROJECT, and shall prepare contract plans, specifications, bid forms and the like, complete and ready for advertisement for bids for con- struction of the PROJECT. 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 the rules, regulations, and guidelines of the FAA and Maine DOT, by present professional engineering standards and by applicable Laws and ordinances. 2. Preparation of all necessary final design computa- tions, sketches and memoranda. 3. Preparation of a complete set of reproducible con- struction plans for each construction contract de- tailing all of the proposed PROJECT construction. 4. Preparation of construction specifications for the PROJECT workincluding all required bid forms, con- struction contract forms, general conditions, spe- cial conditions andtechnical specifications com- plete and ready for advertising for bids for each construction contract. 5. Coordination of all design work with the OWNER, the FAA, the Maine DOT and other State agencies including submission of construction plane and specifications for review and approval. 6. Making revisions to construction plans and specifica- tions as required to obtain the approval of the FAA, the Maine DOT and the OWNER. 3 - J. Preparation of detailed final construction cost esti- mates for the PROSECT work. S. Printing of plans, specifications, bid documents and the like as required for review and approval sub- missions. B. Field Surveys and Measurements The OWNER shall undertake field surveys and measurements re- quired for the satisfactory completion of the designs, a described under paragraph A. above, and shall reduce and plot all survey notes. The OWNER shall provide, without charge, to the CONSULTANT the results of such field surveys and mea- surements, generally in the form of worksheet drawings made to scale. The CONSULTANT'S obligations under this paragraph shall be as follows: 1. Consult with and advise the OWNER with regard to the nature and extent of the field surveys and measure- ments required. 2. Provide the on-site services of one man to assist in the direction of, and to work with, the OWNER'S field crews in the performance of field surveys and measurements and to investigate the condition of existing pavements, structures, etc. 3. Check the plotting of all field surveys and mea- surements on the worksheet drawings to be provided by the OWNER. C. Pavement, Soils and Other Subsurface Investigations. The OWNER shall undertake, or shall engage the services of others to undertake, all necessary pavement corings, soil boring and/or probes, and other subsurface investigations (e.g. test pita to determine or verify the location and/or condition of ducts, utilities, etc.) as required to provide for the satisfactory completion of the designs as described under paragraph A. above. The OWNER shall also undertake, or engage the services of others to undertake, all necessary testing of soils. The OWNER shall provide to the CONSULTANT, without charge, the results of allsuchinvestigations and/or tests. The CONSULTANT'S obligations under this paragraph shall be as follows: - - 4 - 1. Consult with and advise the OWNER with regard to the nature and extent of the investigations and tests required. 2. Provide the on-site services of oneman to assist in the direction of, and to work with, those per- forming the on-site investigations. D. Printing Bid and Contract Documents The CONSULTANT shall undertake the printing of plans and specifications for use in obtaining bids and for use during construction for each construction contract. The number of sets of plans and specifications required for the above purposes for each contract shall be determined by the OWNER. ARTICLE II. SCOPE OF SERVICES - CONSTRUCTION PHASE A. General Engineering Supdrvision The CONSULTANT shall provide general engineering supervision services during'the bidding period and throughout the con- struction period. The general engineering supervision ser- vices which shall be provided by the CONSULTANT under this paragraph shall be as follows: 1. Assistance to the OWNER in analysis of bid results, and furnishing recommendations on the award of con- struction contracts. 2. Attendance at preconstruction conferences. 3. Consultation and advice to the OWNER during con- struction. 4. Preparation of supplementary sketches required to resolve actual field conditions encountered where the changed conditions do not require a change order. 5. Checking catalogcuts and detailed construction, shop, and erection drawings submitted by contrac- tors for compliance with design concept. 6. Reviewing, analyzing, and approving laboratory, shop, and mill test reports, and certificates for materials. 7. Review and approval of periodic estimates, as submitted by the contractors and approved by the resident in- spectors, for partialand final payments to the con- tractors. _ 5 8. Making periodic inspections of work in progress, and providing appropriate reports to the OWNER (does not include resident inspection which is provided for in paragraph B. of this .Article). 9. Inspecting initial operation of the project or of performance tests required by specifications. 10. Attendance at final inspections of the completed construction and preparation of reports on any de- ficiencies, corrective actions required as deter- mined at said inspection. 11. Preparation of "as built" drawings based on informa- tion provided by the resident inspectors and the -con- tractors. 12. Preparation of supplementary designs, computations and sketches as required due to unforeseen field' conditions or changes in the project scope; and negotiation with the contractor and preparation of necessary change orders. 13. All printing of "as built" construction drawings as required for distributionto the OWNER, the FAA and the Maine DOT, including one (1) complete reproduc- ible set of the final "as built" drawings for each construct;on contract for the OWNER. B. Resident Inspection of Construction The CONSULTANT shall furnish the services of one man to per- form full-time resident inspection duties throughout the construction periods. Any additional inspectors required will be provided by the OWNER without cast to the CONSUL TANT. The CONSULTANT shall provide a resident engineer or inspec- tor satisfactory to the OWNER, the FAA and the Maine DOT, and the resident engineer or inspector shall, as applicable: 1. Undertake and/or supervise and control the layout of the construction by the contractors. 2. Review and approve requests for monthly and final payments to contractors. 3. Prepare daily inspection reports covering the work in progress, delays to construction, unusual events, visitors to the work site, etc. - 6 - 4.Provide "as built" information for preparation of as built" drawings of the completed project. 5. Supervise testing and inspection. Arrange for, con- duct, or witness field, laboratory, or shop tests of construction materials as required by the plans and specifications; determine the suitability of mater- ials on the site and brought to the site to be. used in the construction. 6. Interpret the contract plans and specifications and check the construction activities to assure compli- ance with the intent of the design. ]. Measure, compute, or check quantities of work per- formed and quantities of materials in-place for partial and final payments to the contractors. 8. Maintain diaries and other project records to docu- ment the work. C. Control and Testing of Materials It is anticipated that the OWNER will arrange for, supervise, and/or undertake all necessary work to provide for the proper controlandtesting, as applicable, of bituminous concrete, Portland cement concrete, crushed stone, gravel, and borrow materials. Accordingly, the CONSULTANT shall have no obliga- tions under this paragraph. ARTICLE III. SCOPE OF SERVICES - PROJECT ADMINISTRATION The CONSULTANT shall provide project administration services throughout the life of the project. The CONSULTANT'S ser- vices under this paragraph shall include: 1. Preparation and filing of applicable A-95 clearing- house and Federal grant pre -application documents. 2. Preparation of or assistance with forms and support- ing back-up material required in connection with the Federal grant final application and grant offer and acceptance documents. 3. Assistance in obtaining State grants from the Maine DOT. - 7 - 4. Preparation of and assistance with forms and sup- porting documentation required by the OWNER to ob- tain partial and final grant payments from the FAA and Maine DOT. 5. Assistance with any other administrative -type work reasonably required and requested 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 this AGREEMENT. The charges made by the CONSULTANT under this Article 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 connec- tion 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. and Article III. of this AGREEMENT. The lump sum fees to be charged by the CONSULTANT and paid by the OWNER shall be as follows: 1. For all work under Article I., "Scope of Services - Design Phase", a lump sum fee of twenty-six thou- sand eight hundred and 00/100 dollars ($26,800.00). 2. For all work under Article III., "Scope of Ser- vices - Project Administration" a lump sum fee of two thousand one hundred and 00/100 dollars ($2,100.00). C. Actual Cost Plus Fixed Fee Payment The CONSULTANT shall charge for all services provided under Article II., Scope of Services - Construction Phase, on the Z basis of actual costs plus a fixed fee payment. The actual cost of providing services will be computed as the total of (1) Salary Cost, (2) Overhead, and (3) Direct Non -salary Expenses, all as defined in the Federal Aviation Administra- tion Advisory Circular No. 150/5100-9, dated July, 1972, entitled "Engineering Services Under the Airport. Development Aid Program" - 1. The total of the CONSULTANT'S charges for actual es for services under Article IT, paragrap., coh ral Engineering Supervision" shall not exceed eleven thousand nine hundred and 00/100 dollars ($11,900.00); without the prior authorization and written approval of the OWNER, the FAA, and the Maine DOT. , The CONSULTANT'S fixed fee a out for general engineering services she a one eight hundred and.00/100 dollars ($1,800.00). 2. The total of the CONSULTANT'S charges for actual costs for services under Article II, paragrapT— B„Resident Inspection of Construction” for a construction period not to exceed 16weeks shall not exceed seventeen thousand five hundred and 00/100 dollars ($17,500.00) without the prior authorization and written approval of the OWNER, FAA and Maine DOT. The CONSULTANT'S fixed fee a e�nt for resident inspection services shall be two thousand and 00/100 dollars ($2,000.00). ARTICLE V. TIME AND METHOD OF PAYMENT The CONSULTANT will make monthly application for payment for the work completed under this AGREEMENT. The monthly appli- cations 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 VI. TIMFORCOMPLETION A. Design Phase The CONSULTANT shall complete all work under Article I of this AGREEMENT and submit completed construction plansand specifications to the OWNER, the FAA, the MDOT and other 9 - agencies having jurisdiction for review within 90 calendar days of receipt of a duly executed copy of this AGREEMENT and written notice to proceed with the work. B. Construction Phase The CONSULTANT shall undertake all work under Articles II and III of this AGREEMENT in a timely fashion as requested by the OWNER and as required to facilitate progress and completion of the PROJECT. ARTICLE VII. ASSIGNED PERSONNEL The CONSULTANT shall .assign an experienced Registered Pro- fessional Engineer, acceptable to the OWNER, to be in re- sponsible 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 VIII. 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 CONSULTANT'S work under this AGREEMENT. The OWNER shall assist the CON- SULTANT as necessary to obtain available pertinent informa- tion from Federal, State or local officials or from other engineers or others who have previously worked for the OWNER on matters affecting the PROSECT. Actual field survey and soils investigations shall be under- taken as outlined in Article I, paragraphs B., and C., by the OWNER through the City Engineering Department. During the construction periods supplemental inspections if required and approved by FAA and Maine DOT shall be provided by the Owner for Article IT, paragraph B; and all control and testing of materials for construction shall be arranged for by the Owner per Article II., paragraph C. B. Access for Field Work - In order to complete designs, etc. 1t will be necessary for the CONSULTANT'S personnel to undertake field investigations, etc. on airport property. The OWNER shall arrange for timely access by the CONSULTANT'S employees to all pertinent portions of the airport_ 10 - C. Timing The OWNER shall undertake the work hereinbefore specifically described by the OWNER, and shall provide the CONSULTANT with the results of such efforts in a timely manner. ARTICLE IX. COMPLIANCE WITH REGULATIONS As the PROSECT 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 requirement of this AGREEMENT that all work done by the CONSULTANT be in strict compliance with all applicable rules, regulations, standard specification, or other requirements of the Federal Aviation. Administration and the Maine DOT. It shall be the CONSUL- TANT'S obligation to assist the OWNER in obtaining all re- quired approvals from the FAA and the Maine DOT.. ARTICLE X. 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 char- ges made for work done prior to the termination and the CON- SULTANT shall turn aver to the OWNER all completed work in what ever form it then exists, and said work shall become the property of the OWNER. ARTICLE XI. ATTACHMENTS TO AGREEMENT Exhibit "A" and Exhibit "B" which are appended at the end 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 this day of , 1979, first above written: Signed By: Name & Title: Date: CITY OF BANGOR MAINE OWNE HOYLE', TANNER & ASSOCIATES, INC (CONSULTANT) -- Signed By: Jon Tanner Treasurer and Clerk 12 - EXHIBIT "A" CONTRACT FOR PROFESSIONAL SERVICES ENGINEERING AND PROJECT ADMINISTRATION AIRPORT IMPROVEMENTS AMP PROJECT NO. 6-23-0005-07 i8_\All [YUai3Yv�a NECYTi(i During the performance of this contract, Hoyle, Tanner & Associates, Inc. for itself, its assignees and successors in interest (herein -after referred to as the "Contractor") agrees as follows: 1. Com fiance with Regalations. The Contractor shall comply with The Kill rill to nondiscrimin- ation in Federally -assisted programs 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 perotme y rtduring the contract, shall not discriminate on the groisseds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and Leases of equip- ment. The Contractor shall not participate either direct- ly 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 8 of the Regulations. 3. Solicitations for Sub concrac [sIncludin Pro- curements o Materials an Equivalent. n a: so c tat ons e ter DY competitive ridding 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 Re lations relative to nondiscrim- ination on the grounds of race, color, or national origin. Page 1 of. 2. 4. Information and Re errs. The Contractor shall provide all 11 ormat on an .reports required by the Regula- tions, or directives issued pursuant thereto, and shall per- mit 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. Whtre 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 Noncomoliance. In the event of the Contractor s noncomp iance with c e nondiscrimination provisions of this contract, the sponsor shall impose such contract Sanctions as it or the FederalAviationAdministra- 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 thecontract in whole or in part. 6. Incorporation of Provisions.- The Contractor shall include the provisions n� 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 FederalAviation 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- enedwith, 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 interests 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 EXHIBIT 'B" CONTRACT FOR PROFESSIONAL SERVICES ENGINEERING AND PROSECT ADMINISTRATION AIRPORTIMPROVEMENTS ADAP PROSECT N0. 6-23-0005-07 BANGOR INTERNATIONAL AIRPORT CERTIFICATION OF CONSULTANT I hereby certify that I am the Treasurer and duly authorized representative of the firm .Hoyle, Tanner 6. Associates, Inc., whose address is One Technology Park, Londonderry, New Hamp- shire 03053, and that neither I nor the above Firm I here represent has: (a) employed or retained for a commission, per - cartage, 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 eas- ployee working solely for me or the above consultant) any fee, contribution, donation, or 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,appLicable State and Federal laws, both criminal and civil:) i Coot 11. "a-)9. (Date) Sohn W. Tanner Page 1 of 1