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HomeMy WebLinkAbout1978-08-28 365 AF ORDER365 AF I'ntgoduottl by Councilor McKernan, August 18, 1978 CITY OF BANGOR GIRL) Auth [ _ng_ExgZ t on of. COIltract for PrelimiDarY...._. Services - Bangor International Airport - Airport Improvements By W oft camw of am My ofBa more. ORDERED, TB&1T the. City Manager is hereby authorized and directed on behalf of the City of Bangor to execute a .agreement with the firm of Hoyle, Tanner and Associates, Incn, Consulting Engineers, Londonderry, New Hampshire, a copy' of, said agreement being on file in the Office of the City Clerk for providing prelimynary engineering services for Airport improvements at Bangor Inter- national Airport. These improvementsinclude: a. Site Preparation for a future Glide. Slope Antenna b. Rehabilitation of Air Carrier Ramp Drainage Structures C. Commuter Apron expansion d. Obstruction Removal for Runway 15-33 including Clearing, Grubbing and Grading e. Fuel Spill Containment System IN CITY COUNCIL AUGUST 28.1978 365 IF 3BRhRO TO FINAICE C@fMiTME - CONSIDER MIXT MMETING ORDER TT a CEaix k/ Titley AUTHORISING EX CUTION OF CONTRACT FNk - .. lP CITY COUNCIL $E11EMB8R 11 19'18 T�'i NMNI ENGINEERING seRVice6 EAlC.OR PASSED - INTERNPTIONAL AIRPORT AIRPORT IMPRQVNeNTB ] VZ Introduced and filed by T CI CLERK 1r7 A.1\TSxln �. lW. Councilman :v] 3G f f7 CONTRACT FOR PRELIMINARY ENGINEERING SERVICES AIRPORT INTROVEMENTS BANGOR INTERNATIONAL AIRPORT BANGOR, MAINE This AGREEMENT made and entered into at Penobscot County, Maine this day of August, 1978, by and between the City of Bangor, Maine (hereinafter called the OWNER) and the firm of Hoyle, Tanner & Associates, Inc., Consulting Engineers, Londonderry, New Hampshire (hereinafter called the CONSULTANT). WITNESSETH: WHEREAS, the OWNER wishes to undertake a PROJECT con- sisting of various airfield improvements at Bangor International Airport, which improvements are more specifically described as follows: 1. Site Prepagtion for a Future Glide Slope Genn o R shM include graaing, PilTrng and drainage improvements. The antenna and related equipment is to be in- stalled by a division of FAA. i 2. Rehabilitation of Air Carrier Ramo Drainage Structures: The woslciinc uu e r struction of portions of transverse trench type reinforced concrete drainage structures which are located in the area of the main ramp used for civil air carrier operations both domestic and international. 3. Commutei on Expansion: This work shall cons rst o t— he tion of additional apron space for commuter airlines including the relocation of an existing ramp security floodlighting tower. 4. Obstruction Removal £or-Runway 15-33 i crud nz Clearing Gru b'in aaanrTG 3ra in¢: T�ks a include clew stump grubbing and earth grading in various areas along the runway to remove obstructions from primary and transition surfaces or other Airport imaginary surfaces. 1. Fuel Spi11 Containment System: This work sTiall consist o eft ion of approp- riate facilities to contain fuel which may accidentally spill in aircraft fueling areas or other areas on the airfield and prevent such fuel from entering adjacent water courses. All of 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 Adminiscration (here- inafter the FAA) under the Airport Development Aid Pro- gram; 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 MaineDOT); and WHEREAS, the OWNER has already undertaken, or will soon undertake, the actions required to obtain the afore- mentioned Federal and State financial aid for the PRO- JECT; and WHEREAS, the services of a professional engineer or engineering firm will be required by the OWNER to pre- pare preliminary designs, plans and .estimates of con- struction costs; and 2 - WHEREAS, such services are of a distinct professional and noncompetitive nature; NOW THEREFORE, in consideration of these premises and for the satisfactory performance by the CONSULTANT of the ser- vices hereinafter provided and for the payments to be made therefore by the. OWNER, the CONSULTANT and the OWNER do hereby agree as follows: ARTICLE I. SCOPE OF SERVICES The CONSULTANT will undertake and complete preliminary design of the various improvements included in the PROJECT. The CONSULTANT'S work under this paragraph will include but will not necessarily be limited to: 1. Determination of applicable design criteria as established by rules, regulations, etc. of the. FAA, the MaineDOT, the City of Bangor, other agencies, and by present professional engineer- ing standards. 2. Preparation of all necessary preliminary design sketches, design memoranda, computations, etc. 3. Preparation of preliminary plans of the proposed PROJECT construction.. 4. .Technical coordination of all preliminary design work with the OWNER, the FAA, the MaineDOT and other governmental agencies having jurisdiction, including submission of plans and for preliminary review. 5. Preparation of detailed preliminary construction cost estimates for the PROJECT work. 6. The printing of sufficient copies of preliminary plana, sketches, and estimates as required for, review submissions. - 3 - A. Field Surveys and Measurements The OWNER shall undertake field surveys and measure- ments as required for the satisfactory completion of the designs as described under paragraph A above, and shall reduce and plot all survey notes. The OWNER shall Pro- vide, without charge to the CONSULTANT, the.results of such field surveys and measurements generally in the form of worksheet drawings 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 measurements required. 2. Provide the on-site services of one man to assist in the direc-ion of, and to work with, the OWNER'S field crews a the performance of field surveys. 3. Checking the plotting of all field surveys on worksheets provided by the OWNER. E. Pavement. Soils and Other Subsurface Investigations The OWNER shall undertake, or engage others to undertake, all necessary pavement corings, soil borings, and other subsurface investigations and testing required for the com- pletion of the preliminary designs. The OWNER shall pro- vide to the CONSULTANT without charge the results of all such investigations and tests, The CONSULTANT'S ob- ligations under this paragraph shall be as follows: 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 one man to assist in the direction and to work with those perform- ing the on-site investigations. - 4 - ARTICLE II. COMPENSATION The CONSULTANT shall charge for all services requested by the OWNER and rendered by the CONSULTANT in connection with the PROJECT in strict accordance with the conditions set forth in this Article of the AGREEMENT. The charges made by the CONSULTANT under this Article and the payment ofsaid charges by the OWNER shall constitute full compensation for all expenses incurred by the CON- SULTANT in connection with the services rendered in- cluding 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. The CONSULTANT shall charge for all services provided under this contract on the basis of the actual cost of providing services will be computed as the total of (1) Salary Cost, (2) Overhead, and (3) Direct Nonsalary Ex- penses, all as defined in the Federal Aviation Administra- tions Advisory Circular No. 150/5100-9, dated July, 1972, entitled "Engineering Services Under the Airport Develop- ment Aid Program". The total of the CONSULTANT'S charges for actual costs shall not exceed, without the prior authorization and written approval of the OWNER, an upset limit of Eight Thousand Five hundred and 00/100 dollars ($8,500). The CONSULTANT'S fixed fee payment under this contract hall be One Thousand Three Hundred and 00/100 dollars ($1,300). ARTICLE III. TIME AND METHOD OF PAYMENT The CONSULTANT will make monthly application for payment for the workcompletedunder 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 atimely basis. 5 - ARTICLE IV. TIME FOR COMPLETION The CONSULTANT shall undertake all work under this AGREEMENT. in a timely fashion as requested by the OWNER and as required to facilitate progress and completion of the preliminary designs. The estimated time for com- pletion is 90 calendar days from .receipt of a duly ex- ecuted copy of this contract and written notice to pro- ceed with the work. ARTICLE V. ASSIGNED PERSONNEL The CONSULTANT shall assign an experienced Registered Professional Engineer, acceptable to the OWNER, to be in responsible charge of the work performed under the Con- tract. 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. Existing Information The OWNER shall provide the ENGINEER with all available information, data, plans, etc., pertinent to the CON- SULTANT'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 this PROSECT. B. It may be necessary for the CONSULTANT'S field crews to undertake field surveys, etc. on and near runway and other aircraft operations area at the 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 control tower personnel issuance of NOTAMS, etc. =1 ARTICLE VII. COMPLIANCE WITH REGULATIONS As the PROJECT is to be partially financed with Federal and State grant aid,and will be subject to approval by the NHAC 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, regu- lations, standard specifications, or other requirements of the Federal Aviation Administration, the MaineDOT and other governmental agencies having jurisdiction. ARTICLE VIII. TERMINATION This AGREEMENT may be terminated (in full or in part) by the OWNER upon 5 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 am - plated work in whatever form it exists and said work shall then become the property of the OWNER. ARTICLE IN. 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 force and effect as if they were here written out in full. IN WITNESS We UOF, the parties hereto have affixed their. hands and seals at Penobscot County, Maine this day of 1978 first above written. CITY OF B�gGg, MAINE Ey: John W. Flyan City Manager HOYLE, TANNER & ASSOCIATES INC. Ey: W. —_ aaanaures d Clerk 8 - EXHIBIT "A" 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 nor the above 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, 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. 7 7v ;/7/ (Date)Sohn w. nner Page 1 of 1 4. IInf�oraa ti_o3n�and Re ort!. The Contractor shall provide all an.ozmat o` ` i n and 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. 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. 1. Sanctions for Noncom Bance. In the event of the Contractor s noncomp ance wrt cut 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. Intor oration of Provisions. The Contractor shall include i s previsions 07 para grap s 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 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" 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. Compliance with Regula cion s. The Contractor shall comply wit c e egu aeons re acive to nondiscrimin- ation in Federally -assisted programs of the Department of Transportation (hereinafter "DDT"). 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 pez orme y t wring 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 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 B of the Regulations. 3. Solicitations for Subconcrac ts: Includin Pro- curements of Materials an Eur sent. n a so icitat ons eit er y competitive 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 nondiscrim- ination on the grounds of race, color, or national origin. Page 1 of 2