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HomeMy WebLinkAbout1978-08-28 366 AF ORDER366 AF Introduced by Councilor McKernan, August 28, 1978 y_. CITY OF BANGOR (nD.f) t414Y1%L AUthorjz1qH.ExeCUtiQP 4f..CpltXaCt CF...RFRft:8810Ra1__. Consulting Services at Bangor International Airport - Runway and Tax iw� Lryht mg Imgro ements By tM Cay Cwsalt oft City ofBanown 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 agreement being On file n the Office of the City .Clerk, for providing professional engineer- ing and project administration services for runway and taxiway lighting improvements at Eangor`International Airport. IN CI'M - CW CIL AUGbsT 26,19 19Z aareaE 76 rtmmt COM TTM cdNsim NEK99'/M)EETING CIN CAzEN I �yKSI TY COUNCIL SEMMBER 11,197E CITY GLERY 366 AF ORDER Title, AUTHORIZING ®@CUTION OF CONTRACT FOR ... .. ._its ....................... .. PROFESSIONAL PING SERVICES A9 'IWENATIONALAIRORTRNAY' � " ��, c ^^........ --N. ANO LIMITING IMPROVEMENTS Introduced and filed by G�.�. Councilman CONTRACT FOR PROFESSIONAL. SERVICES ENGINEERING AND PROJECT ADMINISTRATION RUNWAY AND TAXIWAY LIGHTING IMPROVEMENTS ADAP PROJECT NO. 6-23-0005-0' BANGOR INTERNATIONAL AIRPORT This AGREEMENT made and entered into at Penobscot County, Maine, this day of August, 1978, by and between the City of Bango—r-,—Raine (hereinafter called the OWNER) and the firm of Hoyle, Tanner E Associates, Inc., Consulting Engineers, Londonderry, New Hampshire (hereinafter called the CONSULTANT). WITNESSETH: WHEREAS, the OWNER wishes to undertake a PROJECT consisting of various airfield lighting improvements at Bangor Inter- national Airport, which improvements are more specifically described asfollows: 1. Installation of High Intensity Runway Edge Lighting System including new bases, fixtures, transformers, cable; and appropriate related improvements in the lighting vault; and replacement, if necessary, of the control cables between the lighting vault and the control tower. The existing system will be re- moved and/or abandoned as appropriate. 2. Installation of Medium Intensity Taxiway Edge Light- ing system including some new bases, new fixtures, new transformers, new cable and related improvements in the lighting vault; and replacement, if necessary, of the control cables between the lighting vault and the control tower. Portions ofthe existing system will be removed and/or abandoned as appropriate. Portions of the existing system which are in good condition will be retained, if possible, if they reasonably comply with current Lighting systems criteria. All of the foregoing to be hereinafter referred to as 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 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 DOT); and WHEREAS, the OWNER has already undertaken certain actions re- quired, 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 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; 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: - 2 - ARTICLE. I. SCOPE OF SERVICES - DESIGN PHASE A. Preparation of Final Designs, Plana 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 construction 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 a _ established by rules, regulations, etc, of the FAA and Maine DOT, by present professional engineering standards and by applicable laws and ordinances. 2. Preparation of all necessary design sketches, design memoranda, computations, etc. 3. Preparation of a complete set of reproducible construction plans detailing all of the proposed PROJECT construction. 4. Preparation of construction specifications for the PROJECT work including all required bid forms, con- struction contract forms, general conditions, special conditions, technical specifications, etc., complete, ready for advertising for bids. 5. Coordination of all design work with the OWNER, the FAA and the Maine DOT, including submission of con- struction plans 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. ]. Preparation of detailed final construction cost esti- mates for the PROJECT work. S. Printing of contract plans, specifications, bid docu- ments and the like as required for review and approval submissions, for obtaining bids, and for use during construction. 3 - B. Field Survevs and Measurements The OWNER shall undertake field surveys and measurements re- quired for the satisfactory completion of the designs, as described under paragraph A. above, and shall reduce and plot all survey nates. 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. 3. Checking the plotting of all field surveys and measurements an the worksheet drawings to be pro- vided by the OWNER. C. Pavement, Soils and Other Subsurface Investigations The OWNER shall undertake, or shall engage the services of others toundertake, all necessary pavement corings, soil boring and/or probes, and other subsurface investigations (e.g. test pits 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 all such investigations and/or tests. 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 investigations and tests required. 2. Provide the on-site services of one manto assist in the direction of, and to work with, those performing the on-site investigations. The CONSULTANT'S obli- gation to provide on-site services under this para- graph, together with the similar obligation under paragraph E.2. above, shall be limited to a total of five (5) mandays. ARTICLE II. SCOPE OF SERVICES - CONSTRUCTION PHASE A. General Engineering Supervision The CONSULTANT shall Provide general engineering supervision services during the bidding period and throughout the construc- tion period. The general engineering supervision services 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 a preconstruction conference. 3. Consultation and advise to the OWNER during construc- tion. 4. Preparation of supplementary sketches required to re- solve actual field conditions encountered. 5. Checking detailed construction, shop, and erection drawings submitted by contractors for compliance with design concept. 6. Reviewing, analyzing, and approving laboratory, shop, and mill test reports, catalog cuts, and certificates. for materials and equipment. ]. Review and approval of periodic estimates, as submit- ted by the contractor and approved by the resident inspector, for partial and final payments to the con- tractor. 8. Preparation and negotiation of change orders and supplemental agreements after approval by OWNER. 5 - 9. Making periodic inspections of work in progress, and providing appropriate reports totheOWNER (does not include resident inspection which is provided for in paragraph B. of this Article). 10. Inspecting initial operation of the project or of performance tests required by specifications. 11. Attendance at final inspection of the completed con- struction and preparation of a report on any defi- ciencies, corrective actions required, etc. as deter- mined at said inspection. 12. Preparation of "as built" drawings based on informa- tion provided by the resident inspector and the con- tractor. 13. All printing of "as built" construction drawings a required for distribution to the OWNER, the FAA and the Maine DOT, including three (3) complete reproduc- ible sets of the final "as built" drawings. 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 period. Any additional inspectors required will be provided by the OWNER without cost to the CONSULTANT. The CONSULTANT shall provide a resident engineer or inspector satisfactory to the OWNER, the FAA and the Maine DOT, and the residentengineeror 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. 4. Provide "as built" information For preparation of "as built" drawings of the completed project. 6 - 5. Supervise testing and inspection. Arrange for, con- duct, -duct, or witness field, laboratory, or shop tests of construction materials as required bythe plans and specifications; determine the suitability of matev- 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. 7. 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 control and testing, 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 - PROTECT 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 support- ing documentation required by the OWNER to obtain 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 PROJECT. ARTICLE IV. CONDENSATION A. General 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. 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 this AGREEMENT except for work under Article II, paragraph B., "Resident Inspection of Construction". 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 thirty eight thou- sand five hundred and 00/100 dollars ($38,500.00). 2. For all work under Article II., Paragraph A., "General Engineering Supervision", a lump sum fee of n thousand eight hundred and 00/100 dollars ($91800.00). 3. For all work under Article III., "Scope of Services - Project Administration', a lump sum fee of four thou- sand and 00/100 dollars ($4,000.00). C. Actual Cost Plus Fixed Fee Payment The CONSULTANT shall charge for all services provided under Article II., Paragraph B., "Resident Inspection of Construc- tion", on the basis of actual costs plus 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 Admin- istration 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 costs for providing resident inspection services, for a construction period not to exceed 13 weeks, shall not exceed eighteen thousand and 00/100 dollars ($18,000.00), without the prior authoriza- tion and written approval of the OWNER and the FAA. 2.- The CONSULTANT'S fixed fee payment for providing resident inspection services for a construction period not to exceed 13 weeks, shall be two thousand two hundred fifty and 00/100 dollars ($2,250.00). 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. TIME FOR COMPLETION A. Design Phase The CONSULTANT shall complete all work under Article I of this AGREEMENT and submit completed construction plans and specifications to the OWNER, the FAA, the MOT and other - 9 - 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. 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 PROSECT. ARTICLE VII. ASSIGNED PERSONNEL The CONSULTANT shall assign an experienced Registered Pro- fessional Engineer,acceptableto 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. Existine 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 asnecessaryto obtain available pertinent informs - 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. B. Access for Field Work In order to complete designs, etc. it 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 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 requirement of this AGREEMENT that all work done by the CONSULTANT be in strict compliance with all applicable rules, regulations, standard specifications, or other requirements of the Federal Aviation Administration and the Maine DOT. It shall be the CONSULTANT'S obligation to assist the OWNER in obtaining all required ap- provals 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 charges made for work done prior to the termination and the CONSUL- TANT shall turn over 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 August, 1978 first above written: Signed By: Name & Title: Date: CITY OF BANbwPBIlORG, MAINE ii HOYLE, TANNER & ASSOCIATES INC. NSOLTANT Signed By: Sohn W. — Treasurer and Clerk - 12 - EXHIBIT "A" CONTRACT FOR PROFESSIONAL SERVICES .ENGINEERING AND PROJECT ADMINISTRATION RUNWAY AND TAXIWAY LIGHTING IMPROVEMENTS ADAP PROJECT NO. 6-23-0005-07 BANGOR INTERNATIONAL AIRPORT 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 Regulations. The Contractor shall comply'wirn one Regu ataons re alive 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 Pertormed by it during 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 Subcontracts: Includin Pro- curements of Materials and Equipment. In all solicitations eft er y competitive sitting 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 4. Information and Reports. The Contractor shall provide all iso rmat ion N4 sports 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 theexclusive 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 far Noncom Bance. In the event of the Contractor snoncomp rancew t 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 o£ Provisions. The Contractor shall includW r prow Bions o 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, litigationwith 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 PROJECT ADMINISTRATION RUNWAY AND TAXIWAY LIGHTING IMPROVEMENTS ADAP PROJECT NO. 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 & Associates, Inc., whose address is One Technology Park, Londonderry, New Hamp- shire 03053, andthatneither 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 withthis con- tract involving participation of Airport Development Aid Program (ADAP) funds and is subject to applicable State and Federal laws, both criminal and civil. _ yIZ ? /7Y� r (Date) Qohm W. Tanner Page 1 of 1