HomeMy WebLinkAbout1978-08-28 366 AF ORDER366 AF
Introduced by Councilor McKernan, August 28, 1978
y_. CITY OF BANGOR
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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.
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366 AF
ORDER
Title,
AUTHORIZING ®@CUTION OF CONTRACT FOR
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PROFESSIONAL PING SERVICES A9
'IWENATIONALAIRORTRNAY' � "
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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:
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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.
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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.
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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.
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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
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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.
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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
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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