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
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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
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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