HomeMy Public PortalAbout092-2012 - Airport - Butler Fairman Seufert - Taxiway A lightini
AGREEMENT BETWEEN
OWNER AND ENGINEER
THIS AGREEMENT is dated as of the q+,,- day of A kq LIST
in the year 2012, by and between RICHMOND BOARD OF AVIATION COMMISSIONERS, 50 N.
5T" Street, Richmond, Indiana, hereinafter called the OWNER and BUTLER, FAfRMAN and
SEUFERT, INC., 8450 Westfield Boulevard, Suite 300, Indianapolis, Indiana 40240, hereinaf-
ter called the ENGINEER.
WITNESSETH
WHEREAS the OWNER requires professional engineering services in connection with the
following described project:
Taxiway "A" Lighting Design
WHEREAS, the OWNER wishes to engage the ENGINEER to provide certain services
pertaining thereto; and
WHEREAS, the ENGINEER represents that it Has sufficient qualified personnel and
equipment and is capable of performing the professional engineering services described herein;
is a corporation qualified to do business in the State of Indiana; and the services described herein
will be performed under the supervision of an engineer licensed to practice in the State of Indiana.
. . The OWNER and the ENGINEER, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
SECTION I SERVICES BY ENGINEER
The services to be provided by the ENGINEER under this Agreement are set out in
Appendix "A", attached to this Agreement, and made an integral part hereof.
SECTION 11 INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
The information and services to be furnished by the OWNER are set out in Appendix
°B", attached to this Agreement, and made an integral part hereof.
SECTION III NOTICE TO PROCEED AND SCHEDULE
The ENGINEER shall begin the work to be performed under this Agreement upon
receipt of the written notice to proceed from the OWNER, and shall deliver the work to the
OWNER in accordance with the schedule contained in Appendix "C", attached to this Agree-
ment, and made an integral part hereof. The ENGINEER shall not begin work prior to the
date of the notice to proceed.
This Agreement shall be applicable to all assignments authorized by the OWNER and
accepted by the ENGINEER subsequent to the date of execution and shall be effective as to all
assignments authorized.
Page 1 of 7 Contract #92-2012
SECTION IV COMPENSATION
The ENGINEER shall receive payment for the work performed under this Agreement
as set forth in Appendix "D", attached to this Agreement, and made an integral part hereof.
SECTION V MISCELLANEOUS PROVISIONS
Miscellaneous Provisions are set out in Appendix "E", attached to this Agreement, and
made an integral part hereof.
SECTION VI GENERAL PROVISIONS
1. Work Office
The ENGINEER shall perform the work under this Agreement at the following office(s):
8450 Westfield Boulevard, Suite 300, Indiana.poiis, Indiana 46240 and on site as
described in Appendix A.
2. Employment
During the period of this Agreement, the ENGINEER shall not engage, on a full or part
time or other basis, any personnel who remain in the employ of the OWNER.
3. Sublettina and Assianment
The ENGINEER and its subcontractors, if any, shall not assign, sublet, subcontract, or
otherwise dispose of the whole or any part of the work under this Agreement without prior
written consent of the OWNER. Consent for such assignment shall not relieve the ENGINEER
of any of its duties or responsibilities hereunder.
4. Use and Ownership
All reports, tables, figures, drawings, specifications, boring logs, field data, field notes,
laboratory test data, calculations, estimates and other documents prepared by the ENGINEER as
instruments of service, shall remain the property of the ENGINEER. The OWNER shall be
entitled to copies or reproducible sets of any of the aforesaid.
The ENGINEER will retain all pertinent records relating to the services performed for a
period of five (5) years following performance of work, during which period the records will be
made available to the OWNER at all reasonable times.
The ENGINEER agrees that the OWNER is not required to use any plan, report, drawing,
specifications, advice, map, document or study prepared by the ENGINEER and the ENGINEER
waives all right of redress against the OWNER if the OWNER does not utilize same. Any
modification, amendment, misuse of any of the ENGINEER's work by the OWNER or actions that
disregard the ENGINEER's recommendations to the OWNER shall release the ENGINEER from
any and all liability in connection with such work modified, amended or misused thereafter and the
OWNER shall not use the ENGINEER's name thereon without the expressed approval of the
ENGINEER.
Page 2 of 7
5. Como[iance with State and Other Laws
The ENGINEER specifically agrees that in performance of the services herein enumer-
ated by ENGINEER or by a subcontractor or anyone acting in behalf of either, that each will
comply with all State, Federal, and Local Statutes, Ordinances, and Regulations.
6. Professional Responsibilitv
The ENGINEER will exercise reasonable skill, care, and diligence in the performance of
services and will carry out all responsibilities in accordance with customarily accepted
professional engineering practices. If the ENGINEER fails to meet the foregoing standard, the
ENGINEER will perform at its own cost, and without reimbursement from the OWNER, the
services necessary to correct errors and omissions which are caused by the ENGINEER's failure
to comply with above standard, and which are reported to the ENGINEER within one (1) year
from the completion of the ENGINEER's services for the Project.
In addition, the ENGINEER will be responsible to the OWNER for damages caused by its
negligent conduct during ENGINEER's activities at the Project site or in the field to the extent
covered by the ENGINEER's Comprehensive General Liability and Automobile Liability
Insurance.
The ENGINEER shall not be responsible for errors, omissions or deficiencies in the
designs, drawings, specifications, reports or other services of the OWNER or other consult-
ants, including, without limitation, surveyors and geotechnical engineers, who have been
retained by OWNER. The ENGINEER shall- have no liability for errors or deficiencies in its
designs, drawings, specifications and other services that were caused, or contributed to, by
errors or deficiencies (unless such errors, omissions or deficiencies were known or should
have been known by the ENGINEER) in the designs, drawings, specifications and other
services furnished by the OWNER, or other consultants retained by the OWNER.
7. Status of Claims
The ENGINEER shall be responsible for keeping the OWNER currently advised as to the
status of any known claims made for damages against the ENGINEER resulting from services
performed under this Agreement. The ENGINEER shall send notice of claims related to work
under this Agreement to the OWNER.
8. Insurance
The ENGINEER shall at its own expense maintain in effect during the term of this contract
the following insurance with limits as shown or greater:
General Liability (including automobile) - combined single limit of $1,000,000.00;
Worker's Compensation - statutory limit; and
Professional Liability for protection against claims arising out of performance of profes-
sional services caused by negligent error, omission, or act in the amount of $1,000,000.00.
Page 3 of 7
The ENGINEER shall provide Certificates of Insurance indicating the aforesaid coverage
upon request of the OWNER.
9. Status Reports
The ENGINEER shall furnish a monthly Status Report to the OWNER by the fifteenth
(15th) of each month.
10. Changes in Work
In the event that either the OWNER or the ENGINEER determine that a major change in
scope, character or complexity of the work is needed after the work has progressed as directed
by the OWNER, both parties in the exercise of their reasonable and honest judgment shall
negotiate the changes and the ENGINEER shall not commence the additional work or the change
of the scope of the work until a supplemental agreement is executed and the ENGINEER is
authorized in writing by the OWNER to proceed.
11. Delays and Extensions
The ENGINEER agrees that no charges or claim for damages shall be made by it for
any minor delays from any cause whatsoever during the progress of any portion of the ser-
vices specified in this Agreement. Any such delays shall be compensated for by an extension
of time for such period as may be determined by the OWNER, subject to the ENGINEER's
approval. However, it being understood, that the permitting of the ENGINEER to proceed to
complete any services, or any part of them after the date to which the time of completion may
have been extended, shall in no way operate as a waiver on the part of the OWNER of any of
its rights herein.
12. Abandonment
Services may be terminated by the OWNER and the ENGINEER by thirty (30) days`
notice in the event of substantial failure to perform in accordance with the terms hereof by the
other party through no fault of the terminating party. if so abandoned, the ENGINEER shall
deliver to the OWNER copies of all data, reports, drawings, specifications and estimates complet-
ed or partially completed along with a summary of the progress of the work completed within
twenty (20) days of the abandonment. In the event of the failure by the ENGINEER to make such
delivery upon demand, then and in that event the ENGINEER shall pay to the OWNER any
damages sustained by reason thereof. The earned value of the work performed shall be based
upon an estimate of the portions of the total services as have been rendered by the ENGINEER
to the date of the abandonment for all services to be paid for on a lump sum basis. The
ENGINEER shall be compensated for services properly rendered prior to the effective date of
abandonment on all services to be paid on a cost basis or a cost plus fixed fee basis. The
payment as made to the ENGINEER shall be paid as the final payment in full settlement and
release for the services hereunder.
Page 4 of 7
13. Nan -Discriminations
Pursuant to Indiana and Federal Law, the ENGINEER and ENGINEER's subcontractors,
if any, shall not discriminate against any employee or applicant for employment, to be employed
in the performance of work under this Agreement, with respect to hire, tenure, terms, conditions
or privileges of employment or any matter directly or indirectly related to employment because of
race, color, religion, sex, disability, national origin or ancestry. Breach of this covenant may be
regarded as a material breach of the Agreement.
14. Employment Eligibility Verification.
The ENGINEER affirms under the penalties of perjury that it does not knowingly
employ an unauthorized alien.
The ENGINEER shall enroll in and verify the work eligibility status of all its newly hired em-
ployees through the E-Verify program as defined in IC 22-5-1.7-3. The ENGINEER is not
required to participate should the E-Verify program cease to exist. Additionally, the
ENGINEER is not required to participate if the ENGINEER is self-employed and does not
employ any employees.
The ENGINEER shall not knowingly employ or contract with an unauthorized alien. The
ENGINEER shall not retain an employee or contract with a person that the ENGINEER
subsequently learns is an unauthorized alien.
The ENGINEER shall require its subconsultant, who perform work under this Contract, to
certify to the ENGINEER that the subconsultant does not knowingly employ or contract with
an unauthorized alien and that the subconsultant has enrolled and is participating in the E-
Verify program. The ENGINEER agrees to maintain this certification throughout the duration
of the term of a contract with a sub -consultant.
The OWNER may terminate for default if the ENGINEER fails to cure a breach of this provi-
sion no later than thirty (30) days after being notified by the OWNER.
15. Successor and Assians
The OWNER and the ENGINEER each binds themselves and successors, executors,
administrators and assigns to the other party of this Agreement and to the successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Agreement;
except as above, neither the OWNER and the ENGINEER shall assign, sublet or transfer their
interest in the Agreement without the written consent of the other.
16. Supplements
This Agreement may only be amended, supplemented or modified by a written docu-
ment executed in the same manner as this Agreement.
17. Governina Laws
This Agreement and all of the terms and provisions shall be interpreted and construed
according to the laws of the State of Indiana. Should any clause, paragraph, or other part of
Page 5of7
this Agreement be held or declared to be void or illegal, for any reason, by any court having
competent jurisdiction, all other causes, paragraphs or part of this Agreement, shall neverthe-
less remain in full force and effect.
This Agreement contains the entire understanding between the parties and no modifi-
cation or alteration of this Agreement shall be binding unless endorsed in writing by the parties
thereto.
This Agreement shall not be binding until executed by all parties.
18. Independent Engineer
In all matters relating to this Agreement, the ENGINEER shall act as an independent
engineer. Neither the ENGINEER nor its employees are employees of the OWNER under the
meaning or application of any Federal or State Laws or Regulations and the ENGINEER agrees
to assume all liabilities and obligations imposed in the performance of this Agreement. The
ENGINEER shall not have any authority to assume or create obligations, expressed or implied,
on behalf of the OWNER and the ENGINEER shall have no authority to represent as agent,
employee, or in any other capacity than as set forth herein.
19. Rights and Benefits
The ENGINEER's services will be performed solely for the benefit of the OWNER and not
for the benefit of any other persons or entities.
20. Disputes
All claims or disputes of the ENGINEER and the OWNER arising out of or relating to the
Agreement, or the breach thereof, shall be first submitted to non -binding mediation. If a claim or
dispute is not resolved by mediation, the party making the claim or alleging a dispute shall have
the right to institute any legal or equitable proceedings in a court located within the county and
state where the project is located.
21. Limitation of Liabilit
To the maximum extent permitted by law, the OWNER agrees to limit the ENGINEER's
liability for the ENGINEER's damages to the sum of $1,000,000.00 limit of Professional Liability
insurance. This limitation shall apply regardless of the cause of action or legal theory pled or
asserted.
Page .6 of 7
IN WITNESS WHEREOF, the OWNER and the ENGINEER have signed this Agreement in
duplicate. One counterpart each has been delivered to the OWNER and the ENGINEER.
This Agreement will be effective on S I!.! ! rd- , 2012.
ENGINEER:
BUTLER, FAIRMAN and SELIFERT, INC.
X:� '� c-/G+---
Bradley D. Watson, Executive V.P.
OWNER:
RICHMOND BOARD OF AVIATION
COMMISSIONERS
By:
Darlene Fleming, President
Larry Richards, Vice President
By. XA6
Eriic--}}Holmes, Secretary
By: 1
iffiethy , Member
WV"d
AP PROVED. SL/"
May r Vally Hutton
Date: 8 I3 Zi
Page 7of7
APPENDIX "A"
SERVICES BY ENGINEER
Project Description:
Taxiway "A" Lighting Design will include the design of the taxiway edge lights on the parallel
taxiway for Runway 6-24 (Taxiway "A") including connecting taxiways, a regulator placed in the
existing vault, mandatory informational guidance signs, preparation of an environmental docu-
ment for a categorical exclusion, and preparation of bidding and contract documents. Also
included in this agreement will be an environmental document that will cover Runway 15-33
lighting rehabilitation and PAPI's for Runway 15-33 for a categorical exclusion. This agreement
will not include design of Runway 15-33 lighting rehabilitation or the design of the PAPI's for
Runway 15-33.
After authorization to proceed, the ENGINEER shall:
1. Environmental
1.1 Prepare 1 environmental Categorical Exclusion document for Taxiway "A" lighting,
Runway 15-33 lighting rehabilitation, and PAPI's for Runway 15-33.
1.2 The above document will be prepared meeting current National Environmental Policy
Act regulations including normal field investigations, ecological assessment,
photographs, graphics, early coordination, archaeological records review, wetland
reconnaissance, preliminary review and "no historic properties" documentation under
Section 106 of the National Historic Preservation Act, pursuant to 36 CFR 800.11(d),
historic properties report, jurisdictional determination of all, waterways and surface
water areas, report preparation and normal mitigation discussions of agency
comments. The above documentation will not include a wetland delineation, wetland
mitigation plan, Section 106 documentation or meetings pursuant to 36 CFR
800.11(e), (f) or (g), permits, endangered species studies or reports, archaeological
field reconnaissance or additional archaeological studies, woody revegetation plan or
the testing of potential hazardous material containing sites (Phase II Assessment).
These services will constitute a change of scope and will be paid for either under
Additional Services or as a lump sum fee.
2. Airport Administration.
2.1 Prepare up to 2 FAA grant applications, 1 for the design phase and 1 for the
construction phase of the project.
2.2 Prepare up to 12 FAA and INDOT partial pay requests.
2.3 Prepare 1 closeout document and report of final findings.
2.4 Report project status in up to 12 monthly airport Board meetings.
Page 1 of 5
3. Survey -- (To he conducted with airport department personal utilizing BF&S GPS
equipment)
a. Supplement existing surveys from BF&S jobs 484600.0000, 404000.0000, and
422200.0000, to include all lighting, signage, electrical vault, and navigational aids
on the airport.
b. Does not include topographical survey.
4. Airport Design
4.1 Study and Report Phase
a. Conduct a pre -design meeting to consult with the OWNER to clarify and define the
OWNER's requirements for the Project and review available data.
b. Advise the OWNER as to the necessity of the OWNER's providing or obtaining
from others data or services, and assist the OWNER in obtaining such data and
services.
c. Prepare an Engineer's Report containing schematic layouts, sketches and concep-
tual design criteria with appropriate exhibits to indicate clearly the consideration
involved and the alternative solutions available to the OWNER and setting forth the
ENGINEER's findings and recommendations. This Report will be accompanied by
the ENGINEER's opinion of probable construction cost, engineering costs, and
construction contingencies.
d. Identify the critical aircraft for which the project design will be based.
e. Develop design parameters based on the findings of critical aircraft research and
review with the OWNER.
f. Provide a general economic analysis of the OWNER's requirements applicable to
the operation and maintenance of pavement and lighting systems, if applicable.
Compile operation and maintenance costs into a basic "Life Cycle Analysis" to
generate the recommended design option. No other project aspects beyond
pavement and lighting systems will be included in the basic services of this agree-
ment; however, these services can be added to the scope and will be paid for
either under Additional Services or as a lump sum fee if directed by the
OWNER.
g. Evaluate the impact of the project on all existing navigational aids and minimize
down time. No new navigational aids are anticipated to be within the scope of this
project.
h. Design lighting and signage system per FAA standards indentified in various Advi-
sory Circulars, in particular but not limited to Advisory Circular 150/5340-30 "Design
and Installation Details for Visual Aids", 150/5345-10, "Specification for Constant
Current Regulators", and 150/5340-18, "Standards for Airport Sign Systems".
Page 2 of 5
Layout airport markings per Advisory Circular 15015340-1 "Standards for Airport
Markings".
Prepare and submit up to 1 modification to design standards per Policy and Proce-
dures Memorandum 5320.1 G "General Processing of Modifications to Agency
Airport Design and Construction Standards" if required. Additional modification will
be considered an additional scope item and completed either under Additional
Services or as a lump sum fee if directed by the OWNER.
k. Prepare Technical and Special Provisions per Advisory Circular 150/5370-10
"Standards for Specifying Construction of Airports" for incorporation into the com-
plete specification book.
I. Furnish five copies of the Study and Report documents, at 50% complete (Draft
Engineer's Report) and again at 90% complete (Final .Engineer's Report), and re-
view them in person with the OWNER.
4.2 Construction Safety Phasing
a. Prepare "Safety and Sequencing Plan" in accordance with the Federal Aviation
Administration guidelines per Advisory Circular 150/5370-2 "Operational Safety On
Airports During Construction".
b. Consult with the OWNER to discover peak operational times and coordinate with
OWNER to determine the construction phasing that will be the least impact to
airport operations.
c. Review airside and land side traffic for each phase with the OWNER.
d. Coordinate and evaluate all landside traffic in or near all runway approach surfaces.
e. Review with OWNER the construction phasing signage, marking and barricade
placement for all construction phases.
4.3 Airspace
a. Prepare and submit to the Federal Aviation Administration the forms 7460-1, 7460-
2 and documentation necessary for an airspace coordination of the construction
work.
b. Coordinate construction activity to determine stock pile locations, staging areas,
and haul routes in conjunctions with airfield operations.
c. Review with the OWNER airspace operational restrictions during construction.
d. Complete and coordinate for FAA acceptance and/or commissioning of the
constructed project in order to ensure proper publication of facility data.
4.4 Permitting
Page 3 of 5
a. Identify and analyze requirements of government authorities having jurisdiction to
approve the design of the Project and participate in consultations with such
authorities.
b. Review with the OWNER operational requirements of the Construction Activity
permit during construction.
c. Provide technical criteria, written descriptions and design data for the OWNER's
use in filing applications for permits with or obtaining approvals of such
governmental authorities as have jurisdiction to approve the design of the Project,
and assist the OWNER in consultations with appropriate authorities.
4.5 Plan Set Development
a. Provide drawings to show the general scope, extent and character of the work to
be furnished and performed by Contractor(s) (hereinafter called Drawings).
b. Provide review drawing sets at "50% Draft" and " 100% Approved For Construction",
for OWNER feedback.
c. Review drawings with the OWNER and conduct a field visit prior to construction.
d. Advise the OWNER of any adjustments to the latest opinion of probable Total
Project Costs caused by changes in general scope, extent or character or design
requirements of the Project or Construction Costs. Furnish to the OWNER a
revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
4.6 Specifications
a. Prepare complete specification book in conformance with the Federal Aviation
Administration Advisory Circular 150/5370-10 "Standards for Specifying
Construction of Airports".
b. Advise the OWNER of any adjustments to the latest opinion of probable Total
Project Costs caused by changes in general scope, extent or character or design
requirements of the Project or Construction Costs. Furnish to the OWNER a
revised opinion of probable Total Project Costs based on the Drawings and
Specifications.
4.7 Bid Assistance
a. Prepare for review and approval by the OWNER, OWNER's legal counsel and
other advisors Contract Agreement Forms, General Conditions and Supplementary
Conditions and (where appropriate) Bid Forms, Invitations to Bid and Instructions to
Bidders and assist in the preparation of other related documents.
b. Assist the OWNER in advertising for and obtaining bids or negotiating proposals for
1 contract for construction, materials, equipment and services; and, where
Page 4 of 5
applicable, maintain a record of prospective bidders to whom Bidding Documents
have been issued, and receive and process deposits for Bidding Documents.
c. Conduct a Pre -Bid meeting to familiarize potential bidders with the project and
biding requirements.
d. Answer contractor's questions by issuing addenda as appropriate to interpret,
clarify or expand the Bidding Documents.
e. Attend bid opening and assist in determining acceptability of bids prior to reading
publicly.
Reviews bids and tabulate results for OWNER and agency review.
g. Make a contract award recommendation to the OWNER.
5. Changes In Work
In the event that either the OWNER or the ENGINEER determine that a major change in
scope, character or complexity of the work is needed after the work has progressed as
directed by the OWNER, both parties in the exercise of their reasonable and honest judgment
shall negotiate the changes and the ENGINEER shall not commence the additional work or
the change of the scope of the work until a -supplemental agreement is executed or the
ENGINEER is authorized by the OWNER to proceed under the additional services of the
agreement.
6. Additional Services
Additional Services would be services required in addition to those specifically described
above, or if the OWNER or any other local, state, or federal agency shall direct or cause
the ENGINEER to relocate or rework the project, or any part thereof. The OWNER agrees
to compensate the ENGINEER for Additional Services on the basis of actual hours of work
performed on the project at the hourly billing rates noted in APPENDIX "D-1". The Hourly
Billing Rates include overhead and fixed fee.
Page 5 of 5
APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
The OWNER shall, within a reasonable time, so as not to delay the services of the ENGINEER:
Provide full information as to ENGINEER's requirements for the Project.
Assist the ENGINEER by placing at ENGINEER's disposal all available information
pertinent to the assignment including previous reports and any other data relative thereto.
Provide to the ENGINEER aircraft operations characteristics, fleet mix, peak usage times,
transient and local operations, based aircraft, and fuel records with N-numbers to identify the
critical/design aircraft.
Review and approve critical/design aircraft selection based on OWNER supplied aircraft
operational information by ENGINEER.
Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by ENGINEER, obtain advice of an attorney, insurance counselor, and
other ENGINEERs as OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services of
ENGINEER.
Give prompt written notice to the ENGINEER whenever the OWNER observes or other-
wise becomes aware of any defect in the Project.
Furnish all existing approvals or permits from all governmental authorities having jurisdic-
tion over the Project. The ENGINEER will assist the OWNER in identifying and procuring any
additional permits associated with this Project.
Arrange for access to and make all provisions for the ENGINEER to enter upon public
and private property as required for the ENGINEER to perform services under this Agreement.
Obtain necessary easements and right-of-way for construction of the Project, including
easement and right-of-way descriptions, property surveys and boundary surveys.
Furnish to the ENGINEER, as requested by the ENGINEER or as required by the Con-
tract Documents, data prepared by or services of others, including exploration and tests of
subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site.
Page 1 of 1
APPENDIX "C"
SCHEDULE
1. This Agreement will become effective upon the first written notice by the OWNER authorizing
services hereafter.
2. This Agreement shall be applicable to all assignments authorized by the OWNER and
accepted by the ENGINEER subsequent to the date of execution and shall be effective as to
all assignments authorized.
3. Performance time after authorizations to proceed with the Basic Services shall be completed
as follows:
Milestone TimeFrom Notice to Proceed (NTP)
1.
Categorical Exclusion
120 Days after NTP
2.
Survey/GPS Lights
121 Days after NTP
3.
Study and Report
270 Days after NTP
4.
Specifications
271 Days after NTP
5.
Construction Safety Phasing
301 Days after NTP
6.
Plan Set Development
302 Days after NTP
7.
Airspace
332 Days after NTP
8.
Bid Assistance
333 Days after NTP
Schedule is subject to agency review time and the seasonal limitations making it sub-
ject to change.
Page 1 of 1
APPENDIX "D"
COMPENSATION
A. Amount of Payment
For Services, under Appendix "A", the OWNER shall pay the ENGINEER for
services of the ENGINEER's principals and employees engaged directly on the
Project.
2. For the following services under Appendix "A", Section 1 Environmental, Section 2
Airport Administration, and Section 4 Airport Design the lump sum amounts of:
c / Categorical Exclusion $ 5,500.00
`0 f Administration $ 7,500.00
r a Study and Report $ 7,000.00
x Specifications $ 5,000.00
Construction Safety Phasing $ 5,000.00
- Plan Set Development $29,750.00
Airspace $ 2,500.00
Bid Assistance $ 5,500.00
3; For the services under Appendix "A", Section 3 Survey/GPS Lights (Airport
CDepartment) the hourly not to exceed amount of $5,000.00. The basis for
compensation shall be the actual hours of work performed on the project at the
hourly billing rates noted in Appendix "D-1". The Hourly Billing Rates include
overhead and fixed fee.
4. For Reimbursable Expenses. In addition to payments provided for in above
paragraphs 2 and 3, the OWNER shall pay the ENGINEER the actual costs of all
Reimbursable Expenses incurred in connection with all Basic and Additional
Services. Reimbursable Expenses mean the actual expenses incurred by the
ENGINEER, such as expenses for: ENGINEER's independent professional
associates or consultants approved by the OWNER directly in connection with the
Project; transportation and subsistence incidental thereto; subsistence and
transportation of Resident Project Representatives and their assistants,
reproduction of reports, Drawings, Specifications, Bidding Documents and similar
Project related items. Estimated total not to exceed compensation for
reimbursable expenses without prior written approval by the OWNER, shall be as
follows per phase of construction awarded:
For Travel
OIo Electrical Sub
B. i Additional Services
$ 374.00
$ 5,000.00
Additional Services would be services required in connection with service not specifi-
cally described in Appendix A, or any legal action or litigation requiring the testimony
and/or services of the ENGINEER, or if the OWNER or any other local, state, or feder-
al agency shall direct or cause the ENGINEER to relocate or redesign the project, or
any part thereof. The OWNER agrees to compensate the ENGINEER for Additional
Services on the basis of actual hours of work performed on the project at the hourly
billing rates noted in APPENDIX "D-1". The Hourly Billing Rates include overhead and
fixed fee.
Page 1 of 3
C. Method of Payment
Payment shall be made by the OWNER to the ENGINEER each month as the work
progresses.
Page 2 of 3
APPENDIX "D-1"
SCHEDULE OF COMPENSATION
BUTLER, FAIRMAN and SEUFERT, INC.
HOURLY RATE SCHEDULE
Classification
Hourly Rate
E-V
Engineer V (Principal)
$
175.00
E-IV
Engineer IV
$
158.00
E-III
Engineer III
$
133.00
E-l[
Engineer 11
$
101.00
E-1
Engineer I
$
75.00
FP -IV
Field Personnel IV (Project Coordinator)
$
128.00
FP-111
Field Personnel III
$
110.00
FP-11
Field Personnel 11
$
82.00
FP-1
Field Personnel 1
$
66.00
EA -ill
Engineer's Assistant [[I
$
128.00
EA -II
Engineer's Assistant 11
$
103.00
EA -I
Engineer's Assistant 1
$
76.00
S-11
Support Personnel 11
$
55.00
S-1
Support Personnel 1
$
51.00
C-11
Clerical 11
$
80.00
C-1
Clerical
$
56.00
P-111
Planner/Environmental Specialist III
$
131.00
P-11
Planner/Environmental Specialist II
$
85.00
P-1
PlannerlEnvironmental Specialist 1
$
75.00
GIS-IV
GIS Administrator
$
130.00
GIS-III
GIS Database Administrator
$
110.00
GIS-11
GIS Specialist
$
92.00
GIS-1
GIS Technician
$
67.00
The billing rates
are effective January 2012 and may be adjusted annually (beginning January
2013) to reflect changes in the compensation payable to the ENGINEER.
Page 3 of 3
APPENDIX "E"
MISCELLANEOUS PROVISIONS
PROVISIONS FOR ALL FEDERALLY FUNDED AIE CONTRACTS
The ENGINEER shall also comply with and include in every sub -tier the following federal
clauses, which the term contractor within these clauses shall have the same meaning as
ENGINEER, whenever federal funding is anticipated.
CIVIL RIGHTS ACT OF 1964, TITLE VI — CONTRACTOR CONTRACTUAL
REQUIREMENTS
During the performance of this contract, the contractor, for itself, its assignees and successors
in interest (hereinafter referred to as the "contractor") agrees as follows:
1.1 Compliance with Regulations. The contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter, "DOT') Title 49, Code of Federal 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.
1.2 Nondiscrimination. The contractor, with regard to the work performed 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 equipment. The contractor shall not participate either directly 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.
1.3 Solicitations for Subcontracts, Including Procurements of Materials and
Equipment. In all solicitations either by 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 nondiscrimination on the grounds of race, color, or national origin.
1.4 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, and its facilities as may be
determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to
ascertain compliance with such Regulations, orders, and instructions. 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
-FAA, as appropriate, and shall setforth what efforts it has made to obtain the information.
1.5 Sanctions for Noncompliance. In the event of the contractors noncompliance with the
nondiscrimination provisions of this contract, the sponsor shall impose such contract
sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
Page 1 of 5
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.
1.6 Incorporation of Provisions. The contractor shall include the provisions of 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 procurement as the
sponsor or the FAA may direct as a means of enforcing such provisions 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 interests of the sponsor and, in addition, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL. CIVIL
RIGHTS PROVISIONS
The contractor assures that it will comply with pertinent statutes, -Executive orders and such
rules as are promulgated to assure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or handicap be excluded from participating in any activity conducted
with or benefiting from Federal assistance. This provision obligates the
tenant/concessionaire/lessee or its transferee for the period during which Federal assistance
is extended to the airport a program, except where Federal assistance is to provide, or is in
the form of personal property or real property or interest therein or structures or improvements
thereon. In these cases the provision obligates the party or any transferee for the longer of
the following periods: (a) the period during which the property is used by the airport sponsor
or any transferee for a purpose for which Federal assistance is extended, or for another
purpose involving the provision of similar services or benefits or (b) the period during which
the airport sponsor or any transferee retains ownership or possession of the property. In the
case of contractors, this provision binds the contractors from the bid solicitation period through
the completion of the contract. This provision is in addition to that required of Title VI of the
Civil Rights Act of 1964.
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance (§26.13) _ The contractor or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR fart 26 in the award and administration of
DOT assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this contract or such other
remedy, as the recipient deems appropriate.
Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under
this prime contract for satisfactory performance of its contract no later than 60 days from the
receipt of each payment the prime contractor receives from OWNER. The prime contractor
agrees further to return retainage payments to each subcontractor within 60 days after the
Page 2 of 5
subcontractor's work is satisfactorily completed. Any delay or postponement of payment from
the above referenced time frame may occur only for good cause following written approval of
the OWNER. This clause applies to both DBE and non -DBE subcontractors.
LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
(1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the making of any Federal grant and the amendment or
modification of any Federal grant.
{2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with any Federal grant, the contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its
instructions.
ACCESS TO RECORDS AND REPORTS
The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees
to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of
the United States or any of their duly authorized representatives access to any books,
documents, papers, and records of the contractor which are directly pertinent to the specific
contract for the purpose of making audit, examination, excerpts and transcriptions. The
Contractor agrees to maintain all books, records and reports required under this contract for a
period of not less than three years after final payment is made and all pending matters are
closed.
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the contractor or their
subcontractors may result in the suspension or termination of this contract or such other
action that may be necessary to enforce the rights of the parties of this agreement. The
duties and obtigations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
RIGHTS TO INVENTIONS
All rights to inventions and materials generated under this contract are subject to regulations
issued by the FAA and the Sponsor of the Federal grant under which this contract is
executed.
TRADE RESTRICTION CLAUSE
The contractor or subcontractor, by submission of an offer and/or execution of a contract,
certifies that it:
Page 3 of 5
a. is not owned or controlled by one or more citizens of a foreign country included in
the list of countries that discriminate against U.S. firms published by the Office of
the United States Trade Representative (USTR);
b. has not knowingly entered into any contract or subcontract for this project with a
person that is a citizen or national of a foreign country on said list, or is owned or
controlled directly or indirectly by one or more citizens or nationals of a foreign
country on said list;
c. has not procured any product nor subcontracted for the supply of any product for
use on the project that is produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor
who is unable to certify to the above. If the contractor knowingly procures or subcontracts for
the supply of any product or service of a foreign country on said fist for use on the project, the
Federal Aviation Administration may direct through the Sponsor cancellation of the contract at
no cost to the Government.
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will
incorporate this provision for certification without modification in each contract and in all lower
tier subcontracts. The contractor may rely on the certification of a prospective subcontractor
unless it has knowledge that the certification is erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor learns
that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The subcontractor agrees to provide written
notice to the contractor if at any time it learns that its certification was erroneous by reason of
changed circumstances_
This certification is a material representation of fact upon which reliance was placed when
making the award. If it is later determined that the contractor or subcontractor knowingly
rendered an erroneous certification, the Federal Aviation Administration may direct through
the Sponsor cancellation of the contract or subcontract for default at no cost to the
Government.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render, in good faith, the certification required by this provision. The
knowledge and information of a contractor is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
This certification concerns a matter within the jurisdiction of an agency of the United States of
America and the making of a false, fictitious, or fraudulent certification may render the maker
subject to prosecution under Title 18, United States Code, Section 1001.
ADDITIONAL PROVISIONS FOR AIE CONTRACTS EXCEEDING $10,000
TERMINATION OF CONTRACT
Page 4 of 5
a. The Sponsor may, by written notice, terminate this contract in whole or in part at any
time, either for the Sponsor's convenience or because of failure to fulfill the contract
obligations. Upon receipt of such notice services shall be immediately discontinued
(unless the notice directs otherwise) and all materials as may have been accumulated in
performing this contract, whether completed or in progress, delivered to the Sponsor.
b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the
contract price shall be made, but no amount shall be allowed for anticipated profit on
unperformed services.
c. If the termination is due to failure to fulfill the contractors obligations, the Sponsor may
take over the work and prosecute the same to completion by contract or otherwise. In
such case, the contractor shall be liable to the Sponsor for any additional cost
occasioned to the Sponsor thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined that
the contractor had not so failed, the termination shall be deemed to have been effected
for the convenience of the Sponsor. In such event, adjustment in the contract price shall
be made as provided in paragraph 2 of this clause.
e. The Tights and remedies of the sponsor provided in this clause are in addition to any
other rights and remedies provided by law or under this contract.
ADDITIONAL PROVISIONS FOR AIE CONTRACTS EXCEEDING $25,000
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that
neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. it further agrees by submitting this proposal that it will include this
clause without modification in all lower tier transactions, solicitations, proposals, contracts,
and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable
to certify to this statement, it shall attach an explanation to this solicitation/proposal.
Page 5 of 5