HomeMy WebLinkAbout1977-08-22 362 AE ORDER362 As
Introduced by Councilor McKernan, August 22, 1977
�mm CITY OF BANGOR
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Cone__u_1_trng Services_ B np I t _rnatto 1 Ait, ort.__
Byi/u Otty Casaba of the cum ofBatbw:
ORDERED,
TEAT the. City Manager is hereby authorized and directed, on behalf
of the City of Bangor, to execute an agre went with the firm of Moyle, Tanner
A Associates, Inc., Consulting Engineers Manchester, N.M.,acopy of said
agreement being on file In the office of the City Clark, for providing certain
consultant services described therein at Bangor International Airport..
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362 AS
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rwtibn alien a£tee Me
O RDE R ¢'1 a
word "di cted to read
ith ttie pm al of the Finest
'
cortmittee, tibn failed by
Title,
the £o1 owi vote, councilors
Voting yea G se, Sanand
Authorizing Execution of Contract
.................................
• •••••••
ZBoiling. cc oilers voting
Bra aa, F nigan, Henderson,
fOi ;PYOfe as iowl Consvltin Ge[vic ea
9^
McKernan Soucy will'".
Bangor International Airpa[4
Motion 8:W a oetled t0 pe88
by the allowing ye and ' -no vote.
Count voting ye : Braunton,
Introduced and filed by
x¢:M non, McKernan, ry dna
no -
Councilors vg 9 n
Finnigan,
n, Gass, Soula and
SVl .i
Zinine
anaaim.
Councilman
IN CITY CWNCIL
August 22, 1977 f
Motion made and seconded for passage.
Motion to move the question s-1'vm no
second. Motion to indeflnatly' ostpone
received no second. Motion a1:a a condor
tofefer to the Finance Com and consider
next ting, this motion thein withdrawn. Motion
to amend by adding "not to ex6eeo $20,000" received
cow. Motion to amend by adding. in the first
linee
after the word "directeda "with the approval of
the Fiance, Committee" Failed -by the following yes
and no vote: Councilors voting yes: Gass'. Soulas and
Zendzian. Councilors voting nom arountas, Finnigan,
Henderson, McKernan, Soucy and Willey The Order was
finally passed by the following yes Bud no vote:
Councilors voting yes: ar untas{y Henderson, McKernan,
Soucy and Willey. Councilor£ vdting no: Finnigan, Gass
Begins and Zenizian. ..
RECEIVED
CITY OF -if NCOR
CITY CLE 01, wF FILE
.977 AUG 18 PM 3 56
CONTRACT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROJECT ADMINISTRATION
AIRPORT IMPROVEMENTS
ADAP PROJECT NO. 6-23-0005-04
BANGOR INTERNATIONAL AIRPORT
J.<zOf 4'
This AGREEMENT made and entered into at Penobscot County, Maine,
this 25th day of August, 1977, by and between the City
of Bangorre (hereinafter called the OWNER) and the firm
of Hoyle, Tanner & Associates, Inc., Consulting Engineers,
Manchester, New Hampshire (hereinafter called the CONSULTANT).
WITNESSETH
WHEREAS, the OWNER wishes to undertake a PROJECT consisting
of various airport improvements at Bangor International Air-
port, which improvements are more specifically described as
follows:
1. Ac uisition of Land in the A roach and Clear Zone
Co way sac acquisition e e ave to encom-
pass two parcels totaling 27 acres, more or leas,
and is approximately shown as "Proposed Land Acquisi-
tion - Area A' on Exhibit "A" appended to this AGREE-
MENT.
2. Acquisition of Land in the Clear Zone to Runway 33;
sama acgvisiz.oninciudes two Farce one encompass-
ing 12 acres, more or less, of undeveloped Land and
the other encompassing 2-1/2 acres, more or less,
with a single family residence on it. Relocation of
the family in the residents is contemplated. This
acquisition is approximately shown as "Proposed Land
Acquisition - Area B" on Exhibit "A", appended.
3. Acquisition of Land in the Approach Transition to
1� n�� y My�r sal acqursrt on encompasses a s ng a par-
ceZi! acres, more or lose, of undeveloped land,
approximately shown as "Land Acquisition - Area C'
on Exhibit "A", appended. This acquisition was
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actually accomplished by the OWNER in 1971 without
Federal or State grant aid, and is now included in
the PROJECT to permit surveys of the property to
be accomplished and to obtain Federal and/or State
grants to partially reimburse the OWNER for acquisi-
tion coats.
4. Installation of Terminal Area SecuriY Fencf said
Mooing to e - eet g wit -stran ar a said
and appropriate gates, and to be 2,200 feet in total
length, more or leas, located as approximately shown
on Exhibit "A", appended.
5. Installation of Taxtiray Guidance Signs; said installs -
t on to include approximately thirteen signs, some
single panel and some multiple panel, furnished and
installed, complete, including connection to appropri-
ate existing airport lighting circuits and any
necessary modifications of such circuits. Sign loca-
tions are expected to be approximately as shown on
Exhibit "A", appended.
6. Re lacement of Ai Ort Rotati Beacon; said replace-
ment to nc u e t e remova o t e existing rotating
beacon located on the top of the airport water supply
standpipe, and the furnishing and installing, complete,
of a new 36" diameter rotating beacon to replace the
old one in the same location.
7. Partial Rehabilitation of General Aviation MA
ion and
cceee az ane;
spin re r rtae on to nc u e
36; 6G equ�are yards, more or less, of the existing
aircraft parking apron near the "Operations Building"
and Hangar 115, and to include rehabilitation of an
access taxilane from the apron area to existing taxi-
way system, all as approximately shown on Exhibit "A",
appended.
All of the foregoing to be hereinafter referred to as the PRO-
SECT; 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 PRO-
JECT with Financial aid from the State of Maine acting through
the Maine Department of Transportation (hereinafter the Maine
DOT); and
2 -
WHEREAS, the OWNER has already undertaken certain actions re-
quired, and will undertake the other actions required, to
obtain the aforementioned Federal and State financialaid' 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 plana and specifications, estimates of construction
costa; to provide certain engineering services during construc-
tion; to assist with project administration; to assist with
land acquisitions; 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:
ARTICLE I. SCOPE OF SERVICES - DESIGN PHASE
A. Preparation of Final Desians. Plans and Specifications
The CONSULTANT shall undertake and complete final designs of
the various improvements included in the PROJECT, except those
involving land acquisition only, and shall prepare contract -
plane, specifications, bid forms and the like, complete and
ready for advertisement for bids for construction of the PRO-
JECT. The CONSULTANT'S work under this paragraph shall in-
clude but will not necessarily be limited to:
1. Determination of applicable design criteria as
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 con-
struction plans detailing all of the proposed PRO-
JECT construction.
- 3 -
4. Preparation of construction specifications for the
PROSECT work including all required bid forme, 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 OOT, including submission of con-
etruction 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
and the Maine DOT.
7. Preparation of detailed final construction cost esti-
mates for the PROJECT work.
8. Printing of contract plans, specifications, bid docu-
mentsand the like as required for review and approval
submissions, for obtaining bids, and for use during
construction.
Whereas the PROSECT includes several distinctly different
types of work, it is mutually agreed and understood that the
CONSULTANT shall prepare three (3) separate sets of construc-
tion plans and specifications; one for the installation of
security fencing, one for the installation of the taxiway
guidance signs and the replacement of the rotating beacon,
and one for apron and taxilane rehabilitation.
E. Field Surveys 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 notes. The OWNER shall provide, without charge,
to the CONSULTANT the results of such field surveys and measure-
ments, 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.
- 4 -
3. Checking the plotting of all field surveys and
measurements on 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 to undertake, 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 followa:
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 of, and to work with, those per-
forming the on-site investigations. The CONSULTANT'S
obligation to provide on-site services under this
paragraph, together with the similar obligation
under paragraph B.2, above', shall be limited to a
total of ten (10) 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 mutually agreed upon by and between the OWNER and
the CONSULTANT, as approved by the FAA and Naine DOT, and shall
be as specifically provided for in a supplement to this AGREE-
MENT to be executed by both parties at a later date. The
general engineering supervision services to be provided by
the CONSULTANT under said supplement to this AGREEMENT will
include some or all of the following:
5 -
1. Assistance to the OWNER in securing bids, tabulation
and analysis of bid results, and furnishing recommen-
dations on the award of construction contracts.
2. Assistance in the preparation of formal contract docu-
ments for the award of contracts.
3. Attendance at a preconstruction conference.
4. Consultation and advise to the OWNER. during construc-
tion.
5. Preparation of supplementary sketches required to re-
solve actual field conditions encountered.
6. Checking detailed construction, shop, and erection
drawings submitted by contractors for compliance with
design concept.
7. Reviewing, analyzing, and approving laboratory, shop,
and mill test reports, catalog cuts, and certificates
for materials and equipment.
8. Review and approval of periodic estimates, as submit --
ted by the contractor and approved by the resident in-
spector, for partial and final payments to the con-
tractor.
9. Preparation and negotiation of change orders and
supplemental agreements after approval by OWNER.
10. Making periodic inspections, not to exceed four (4),
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).
11. Inspecting initial operation of the project or of
performance tests required by specifications.
12. Attendance at final inspection of the completed con-
structiou and preparation of a report on any defi-
ciencies, corrective actions required, etc. as deter-
mined at said inspection.
13. Preparation of "as built" drawings based on informa-
tion provided by the resident inspector and the con-
tractor.
6 -
14. All printing of "as built" construction drawings as
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
It is anticipated that the OWNER will undertake most or all
of the resident inspection of construction for the PROSECT.
However, it is mutually agreed that the CONSULTANT shall
provide resident inspection services if requested to do so
by the OWNER. If so requested, the CONSULTANT shall provide
a resident engineer-ior'Inspector satisfactory to the OWNER,
the FAA and the Maine DOT, and when on the job 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 t0 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.
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.
7. Measure, compute, or check quantities of work per-
formed and quantities of materials in-place for
partial and finalpaymentsto the contractors.
8. Maintain -diaries and other project records to docu-
ment the work.
7 -
C. Control and Testing of Naterials
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 -.PROJECT ADMINISTRATION
A. During Design and Bidding Periods
The CONSULTANT shall provide project administration services
during the design and bidding periods. The CONSULTANT'S
services under this paragraph shall include:
1. Preparation and filing of A-95 clearinghouse and
Federal grant pre -application documents.
2. Assistance with the actual advertising for bids in-
cluding,.as requested, the placing of advertisements
in newspapers and construction trade publications,
and the collecting of deposits and distribution of
construction plans and specifications to prospective
bidders.
3. 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.
4. Assistance in obtaining State grants from the Naine
WT.
5. Assistance with any other administrative -type work
reasonably required and requested by the OWNER in
connection with the PROJECT.
B. During Construction Period
The extent of project administration services (if any) by the
CONSULTANT which the OWNER may require-orrequest during the
construction period is not known at this time. It is mutually
agreed that if the OWNER requires or requests such services
they shall be provided by the CONSULTANT under a supplement to
this AGREEMENT.
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ARTICLE IV. SCOPE OF SERVICES -.ASSISTANCE WITH LAND ACQUISITIONS
A. General
The CONSULTANT shall assist the OWNER in the acquisition of
lands hereinbefore described as part of the PROJECT. The
CONSULTANT'S services in connection with all said land acquisi-
tions shall include, ea required, but shall not necessarily
be limited to the following:
1. Meeting with representatives of the OWNER, the FPA,
and Maine DOT to discuss the proposed acquisitions
and to reach agreement on the extent and nature of
the interests to be acquired.
2. Determine applicable FAA requirements as to pro-
cedures to be followed and the like to insure that
land acquisition and relocation is accomplished in
accordance with Federal requirements to assure grant
eligibility of all costs incurred, and provide advice
and consultation to the OWNER with regard to same.
3. Neet and/or otherwise communicate with representatives
of the OWNER, or with others engaged by the OWNER,
such as attorneys and appraisers, to convey to them
information on the interests to be acquired, appli-
cable Federal regulations, procedures to be followed,
etc.
4. Provide any other general assistance, consultation
or coordination reasonably requested by the OWNER
in connection with the proposed land acquisitions.
B. Avigation Easements
It has been recognized that avigation easements, beyond the
limits of the proposed fee title acquisitons but over lands
which are currently part of the affected parcels, maybe re-
quired. If it is determined that such avigation easements
are to be acquired as part of the PROJECT, then the CONSULTANT
shall prepare draft easement documents for use by the OWNER'S
attorney(s), and shall also prepare plans graphically por-
traying the easements, suitable for recording, if such are
deemed desirable and/or necessary.
C. Property Surveys
It is anticipated that the OWNER will undertake all necessary
property surveys, do all deed research and other work incidental
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to such surveys, and prepare all necessary property plans,
deeds and other documents required in connection with the pro-
posed fee title land acquisitions. It is possible that in
consideration of the PROJECT schedule or other circumstances,
the OWNER may request the CONSULTANT to undertake such surveys,
deed research, etc. for the acquisitions in the Runway 15
Approach and Clear Zone (Proposed Land Acquisition - Area A on
Exhibit "A"). In such event, the CONSULTANT shall undertake
and complete all such work as required to satisfactorily meet
the PROJECT requirements.
D. Services Not Included
In connection with land acquisitions, the obligation of the
CONSULTANT under this AGREEMENT shall be limited to the pro-
vision of the services specified in paragraphs A., B. and C.
above. It is mutually agreed and understood that the CON-
SULTANT'S obligations under this AGREEMENT do not include the
following:
1. Attendance at any judicial or quasi-judicial pro-
ceedings, such as hearings and the like in connec-
tion with eminent domain procedures.
2. Property surveys and related work except for those
specifically provided for in paragraph C. above.
Should such additional services be required or requested by
the OWNER, they shall be provided by the CONSULTANT, but the
provision of same shall be covered by a supplement to this
AGREEMENT.
ARTICLE V. COMPENSATION
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 chargee made by the CONSULTANT under this Article and the
payment of said charges by the 0WHER shall constitute full com-
pensation for all expenses incurred by the CONSULTANT in correc-
tion with the services rendered, including F.I.C.A. taxes,
Federal and State unemployment taxes, costa in connection with
employees benefits, office expenses, supplies and equipment,
the general costs of doing business, and the CONSULTANT'S pro-
fit.
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B.' For Work under Article 1.
The CONSULTANT shall charge a lump sum fee for all design phase
services under Article I. of this AGREEMENT, said limp sum fee
to be Twenty thousand and 00/100 dollars ($20,000.00).
C. For Work Under Article II.
As stipulated under Article II., the exact extent of the con-
struction phase services to be provided by the CONSULTANT have
not yet been fully determined. Therefore, the CONSULTANT's
compensation for all .work under Article I1. shall be negotiated
by and between the CONSULTANT and the OWNER subsequent to the
execution of this AGREEMENT, and said compensation shall be
provided for in a supplement to this AGREEMENT.
D. For Work Under Article III. and Article IV.
The CONSULTANT shall charge for all project administration ser-
vices provided under Article III., and for all assistance with
land acquisition services provided under Article IV. on the
basis of the actual cost of providing such services, plus fixed
fee payments. The CONSULTANT'S charges for the actual costs.
of providing services will be computed as the total of (1)
Salary Coat, (2) Overhead, and (3) Direct Non -salary Expenses,
all as defined in the Federal Aviation Administration's Advisory
Circular No. 150/5100-9, dated 1, July, 1972, entitled
"Engineering Services Under the Airport Development Aid Pro-
gram".
The total of the CONSULTANT'S charges for actual costs shall
not exceed the following limits without the prior written ap-
proval of the OWNER, the FAA, and any other agencies having -
jurisdiction:
1. For the actual costs of providing services under
Article T .IT paragaaph A., an upset limit of
Two thousand five hundred and 00/100 dollars
($2,500.00).
2. For the actual coats of providing services under
Article.�ph A., an upset limit of Three
thousand and 00/100 dollars ($3,000.00).
3. For the actual costa of providing services under
Article.Iii paragraph B., an upset Limit of One
thousand five hundred and 00/100 dollars ($1,500.00).
4. For the actual costs of providing services under
ArticlepPi aragraplh C., an upset limit of Five
thousand and 00/100 dollars ($5,000.00).
11 -
The CONSULTANT'S fixed fee payments under this paragraph shall
be as follows:
1. For providing project administration services under
Article III., paragraph A., the fixed fee payment
of Three hundred seventy five and-0DT=dollars
($375.00).
2. For providing assistance with land acquisition ser-
vices under Article IV., paragraph A., the fixed
fee payment of Four hundred and 00/100 dollars
T900. 00).
3. For providing avigation easement services under
Article IV., para-raph B., the fixed fee payment
of Two hundred twenty five and D'6/T00—do Llars
($225.00).
4. For providing property survey services under Article
-IV., paragraph C., the fixed fee payment of Seven
hundred fifty and 00/lOD-3o=ars ($750.00).
ARTICLE VI. TIME AND METHOD OF PAYMENT
The CONSULTANT will make monthly applications for payment for
the work completed under this AGREEMENT. The monthly applica-
tions shall be on forms approved by the OWNER. The OWNER
shall promptly review and process the monthly applications and
shall make payments to the CONSULTANT an a timely basis.
ARTICLE VII. TIME FOR COMPLETION
A. Design Phase Services
The CONSULTANT shall co®ence work under Article I promptly
upon receipt of a duly executed copy of this AGREEMENT. The
CONSULTANT shall expedite all work under Article I which is
critical to developing sound estimates of PROJECT costs, and
shall prepare such estimates not later than September 15, 1977.
The CONSULTANT shall complete all work under Article I.
within 90 calendar days following the date of this AGREEMENT.
B. Construction Phase Services
The CONSULTANT shall undertake all work under Article II, of
this AGREEMENT in a timely fashion, as 'reasonably requested
by the OWNER, and as required to facilitate progress of the
construction and completion of the PROJECT.
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C. Proiect Administration Services
The CONSULTANT shall undertake all work under paragraph A. of
Article III. in a =met and on a schedule which will insure
that the anticipated Federal grant can be offered by the U.S.
Government and accepted by the OWNER on or before September 30,
1977, insofar as it is reasonably within the CONSULTANT'S
ability to do so.
If any services are requested by the OWNER and provided by the
CONSULTANT under paragraph E. of Article III., the CONSULTANT
shall provide such services in a timely fashion, as reasonably
requested by the OWNER, and as required to facilitate the pro-
gress of the project and the obtianing of partial and final
grant payments.
D. Services in Connection with Land Acquisitions
The CONSULTANT shall undertake all services to be provided
under Article IV, in a timely fashion, as reasonably requested
by the OWNER, ans as required to facilitate the progress of
the PROJECT. The CONSULTANT shall particularly expedite,
insofar as possible, any work under Article IV. which is
important to developing reasonable estimates of PROJECT costs
so that such estimates can be made not later than September
15. 1977.
ARTICLE VIII. ASSIGNED PERSONNEL
The CONSULTANT shall assign an experienced Registered Profes-
sional Engineer, acceptable to the OWNER, to be in responsible
charge of the work performed under this AGREEMENT. The CON-
SULTANT shall not replace the person in charge without per-
mission 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 IX.
TO BE PROVIDED
EY
TRE
OWNER
A. Existing
Information
The OWNER shall provide the CONSULTANT with all available in-
formation, data, plana, etc. pertinent to the CONSULTANT'S
work under this AGREEMENT. The OWNER shall assist the
CONSULTANT as necessary to obtain avialable 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 this PROJECT.
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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.
In connection with the proposed land acquisitions, it may
also be necessary for the CONSULTANT'S personnel to enter
upon and/or to undertake surveys on private properties. The
OWNER shall assist the CONSULTANT as necessary to obtain
permission or to otherwise gain the rights needed to enter
and work on such private lands.
C. Timing
The OWNER shall undertake the work hereinbefore specifically
described by the OWNER, and shall provide the CONSULTANT with
the results ofsuchefforts in a timely manner.
ARTICLE X. 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 requirements 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 OOT.
ARTICLE XI. 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 CONSULTANT
shall turn over to the OWNER all completed work in whatever
form it then exists, and said work shall become the property
of the OWNER.
ARTICLE XII. ATTACHMENTS TO AGREEMENT
Exhibit "A", Exhibit "B" and Exhibit "C" 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.
14 -
FN WITHNESS WHEREOF, the parties hereto have affixed their
hands and seals at Penobscot County, Maine this 25th day
of August, 1977 first above written:
CITY OF BANGOR MAINE
OWNER
Signed By: /c/ John W. Flym
Name & Title: John W. Fly=, city Manager
Date: August 25, 197)
HOYEE, TANNER & ASSOCIATEB INC.
Signed By: A/ John W. Tanuex
o annex
Treasurer and Clerk
15 -
FENCING
AREA
SECURITY
PROPOSED
SECURITY
FENCING
PROPOSED LAND
CLISITION
AREA "C
PROPOSED LAND
ACOUISRION
AREA "S
BANGOR INTERNATIONAL AIRPORT
BANGOR, MAINE
EXHIBIT "A"
HeyM.conmrn eR;m ales, Ine.�
cOnBMnIRB BRBIIIBBPB T
wncneBler, New HempBhire A
EXHIBIT "B"
CONTRACT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROJECT ADMINISTRATION
AIRPORT IMPROVEMENTS
ADAP PROJECT NO. 6-23-0005-04
BANGOR INTERNATIONAL AIRPORT
During the performance of this contract, Hoyle, Tanner 6: Associ-
ates, Inc. for itself, its assignees and successors in interest
(hereinafter referred to as the "Contractor") agrees as follows:
1. Compliance with Regulations.. The Contractor shall comply
with [ulatioons rive to nondiscrimination in
Federally -assisted programs of the Department of Transpor-
tation (hereinafter "DOT") Title 49 Code of Federal Regu-
lations, 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
wor p -WF ormea 2 LC during the contract, shall not dis-
criminate on the grounds of race, color, or national origin
in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The
Contractor shall not participate either directly or in-
directly 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: Including Procurements of
cer a e an __ qqu__ppmeet. n a so uitationa e t at ET
compe�iVa negotiation made by the Contractor
for work to be performed under a subcontract, including
procurements of materials or leasee 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 nondiscrimination
on the grounds of race, color, or national origin.
4. Information and Reports. The Contractor shall provide all
information and reports required by the Regulations, or
directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of information,
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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 Contrac-
tor 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 Noncom 11 a. In the event of the Contrac-
Cor a noncomp rants wit the nondiscrimination provisions
of this contract, the sponsor shall impose such contract
sanctions as it or the Federal Aviation Administration
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 con-
tract, in whole or in part.
6. Incorporation of Provisoes. The Contractor shall include
the provisions or paragraphs 1 through 5 in every sub-
contract, including procurements of materials and leases
of equipment, unless exempt by the Regulations or direc-
tives issued pursuant thereto. The Contractor shall take
such action with respect to any subcontract or procurement
as the sponsor or the Federal Aviation Administration may
direct as a means of enforcing such previsions including
sanctions for noncompliance; provided,,.however, that in
the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a
result of such direction, the Contractor may request the
sponsor to enter into such litigation to protect the in-
terests of the sponsor and, in addition, the Contractor
may request the United States to enter into such litiga-
tion toprotect the interests: of the Unites States.
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EXHIBIT "C"
CONTRACT FOR PROFESSIONAL SERVICES
ENGINEERING AND PROJECT ADMINISTRATION
AIRPORT IMPROVEMENTS
ADAP PROJECT NO. 6-23-0005-04
BANGOR INTERNATIONAL AIRPORT
CERTIFICATION OF CONSULTANT
I hereby certify that I am the Treasurer and duly authorized
representative of the firm of Hoyle, Termer 6 Associates, Inc.,
whose address is Grander Field, Manchester, New Hampshire, 03103,
and that neither I nor the above firm I here represent has:
a. =played or retained for a commission, percentage, broker-
age, contingent fee, or other consideration, form or per-
son (other than a bona fide employee working solely for
me or the above consultant) to solicit or secure this con-
tract.
b. agreed, as an expressed or implied conditon'for obtaining
this contract, to employ or retain the services of any
firm or person in connection with carrying out the contract,
or
c. paid or agreed to pay any firm, organization, or person
(other than a bona fide employee working solely for me or
the above consultant) any fee, contribution, donation, or
consideration of any kind for, or in connection with, pro-
curing 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 contract involving
participation of Airport Development Aid Program (ADM) funds
and is subject to applicable State and Federal laws, both crim-
inal and civil_
ate
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