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HomeMy Public PortalAbout2021.11.15 TO McCall Agreement for Professional Services Runway Rehab - SERVICE AGREEMENT, 1 OF 11 Revised 2019 Client Initials ________ T-O ENGINEERS, INC. AGREEMENT FOR PROFESSIONAL SERVICES T-O Engineers, Inc. Project Number: 210698 Date: November 15, 2021 THIS AGREEMENT is between the City of McCall, Idaho, hereinafter referred to as "Client" and T-O Engineers, Inc., an Idaho Corporation, hereinafter referred to as "Consultant". The Client and Consultant in consideration of their mutual covenants herein contract and agree as follows: The Client intends to Rehabilitate Runway 16-34 at the McCall Municipal Airport, hereinafter referred to as the “Project”. A) CLIENT INFORMATION AND RESPONSIBILITIES 1. The Client shall timely provide to Consultant a complete description of the Project including: Client's requirements for the Project, objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and all design and construction criteria which Client requires be incorporated into the Project. 2. Client shall timely provide to Consultant all associated or applicable project information including: data and documents prepared by others, soil and subsurface explorations, hydro logic information, laboratory tests, inspection reports, environmental assessments, title reports, records of survey, warranty deeds, and land use restrictions, all of which Consultant may use and rely upon , without liability, in performing services under this Agreement. 3. The Client shall timely obtain permission for Consultant to enter upon public and private property as required for Consultant to perform services under this Agreement. B) SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall provide the following generally described services under this Agreement: See attached Exhibit A, “Description of Project and Scope of Engineer’s Professional Services for Rehabilitate Runway 16-34 McCall Municipal Airport AIP 3-16-0023-032-2022” generally referred to as the Scope of Work. C) BASIS OF FEE AND BILLING SCHEDULE The Client shall timely pay Consultant for services set forth and provided under this Agreement. Client shall timely pay Consultant for additional services authorized by written amendment to this Agreement. Fees shall be based on hourly charges and direct expenses during the performance of work described in the Scope of Work. Hourly charges shall be based on the hourly billing rates for employee classification as shown on the Consultant’s Fee Schedule and detailed in the Labor Worksheet, attached as Exhibit B. Direct expenses are the sum of all expenditures attributable to the Project that are not labor charges, including subconsultant fees. Hourly and direct expense rates are subject to annual review and revision by Consultant. 1. Lump Sum Phases 1 through 4 will be invoiced on a lump sum fee basis. The lump sum fee for services to be provided in Phases 1 through 4 is included in the Scope of Work attached as Exhibit A. The portion of the lump sum that is invoiced monthly will be based on Consultant’s estimate of percentage of scope of work completed. 2. Estimated Fee Fees for Phases 5 through 8 are estimated. The estimated total fee for services to be provided in Phases 5 through 8 is included in the scope of work attached as Exhibit A. Any fees described herein for services to be provided are only estimates, the final amount billed for this work shall include all time, at stated bill rates, plus all direct expenses. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 2 OF 11 Revised 2019 Client Initials ________ TERMS AND CONDITIONS 1) GENERAL a. Consultant shall provide professional services for the Client on the Project described in this Agreement. These services shall be performed in accordance with generally accepted professional practic es and standards of care and skill ordinarily used in Consultant’s profession under similar circumstances. Consultant makes no warranty, either expressed or implied , as to performance of professional services . b. Consultant shall not be responsible for acts or omissions of any other party involved in the Project. c. Consultant has not been retained to supervise, direct or have control over the work of any construction contractor or their subcontractor or supplier, hereinafter referred to collectively as “Contractor”. Consultant does not have authority over, or responsibility for: Contractor’s means, methods, techniques, sequences or procedures of construction, safety precautions and programs incid ent to the work of Contractor, or for any failure of Contractor to comply with applicable laws and regulations. d. Consultant can neither guarantee the performance of any Contractor nor assume responsibility for Contractor’s failure to furnish and perform work in accordance with any construction contract documents or recommendations issued by Consultant. e. The Client understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. Consultant makes no warranties, expressed or implied, as to the services or data furnished by professionals providing soils testing or geotechnical advice. 2) OPINIONS OF COST a. Consultant may be asked to provide opinions of probable construction or Project costs as part of the professional services under this Agreement. The Client understands and agrees that: Consultant has no control over the cost of labor or materials furnished by others or market conditions , Consultant’s opinions of probable cost are based on Consultant’s experience and judgment, Consultant does not guarantee or warrant that bids or estimates prepared by Contractors will not deviate from opinions of probable cost provided by Consultant, and Consultant is not responsible for variations between actual construction bids or costs and Consultant’s opinions regarding probable construction costs. 3) REUSE AND OWNERSHIP OF DOCUMENTS a. All work product including documents prepared by the Consultant under this Agreement are proprietary instruments of the Consultant’s professional service and shall remain the sole property of the Consultant and no work product shall be used or reused by the Client other than for the construction, operation and mainten ance of the Project, without specific prior written permission of Consultant. b. Client agrees that: authorized use of Consultant’s work product on the Project is subject to full payment for Consultant’s services related to preparation of the product, work product is not suitable for use on the Project unless completed by the Consultant for the specific purpose intended , and any other use of Consultant’s work product by Client will be at Client’s sole risk without liability of Consultant. c. The Client shall timely pay, assume, defend, indemnify and hold Consultant harmless from any claims, damages, losses and expenses , including attorney’s fees, arising from unauthorized reuse of all work product prepared by Consultant. 4) GOVERNING LAW a. The laws of the State of Idaho shall govern the validity of this Agreement, its interpretation and performance, and all remedies for breach of contract or any other claims related to this Agreement. 5) SUCCESSORS AND ASSIGNS a. Client and Consultant are hereby bound, and their partners, successors, executors, administrators and legal representatives are likewise bound, to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. b. Neither Client nor Consultant may assign or transfer any rights, duties or responsibilities under this Agreement without prior written consent of the other party. c. Nothing under this Agreement shall be construed to provide any rights or benefits in this Agreement to anyone other than Client and Consultant, and all duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of Client and Consultant and not for the benefit of any other party. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 3 OF 11 Revised 2019 Client Initials ________ 6) TIMES OF PAYMENTS a. Consultant shall submit monthly invoices for services rendered and for direct expenses incurred. Client shall timely make monthly payments. Invoices are due and payable within thirty (30) days of the date of the invoice. b. All account balances not paid in full within thirty (30) days of the date when first invoiced are overdue and subject to interest at the rate of twelve (12) percent (%) per annum compounded monthly from the date when first invoiced until paid in full. Any payments received shall be credited first to accrued interest and then to principal. c. All fees and costs incurred by Consultant to collect overdue account balances shall be added to the account balance. 7) SUSPENSION OR TERMINATION a. Consultant may, at its sole discretion, after giving seven (7) days written notice to Client, suspend or terminate service if undisputed charges are not paid within forty-five (45) days of receipt of Consultant's invoice and Client hereby waives any claim against Consultant, and shall timely pay, assume, defend, indemnify, and hold Consultant harmless from and against any claims arising from Consultant's suspension or termination of services due to Client's failure to make timely payment. b. Any charges in dispute shall be called to Consultant's attention, in writing, within ten (10) days of receipt of Consultant's invoice, and Client and Consultant shall work together in good faith to resolve any such disputes . If Client and Consultant are unable to resolve said disputes within twenty (20) days, Consultant may suspend or terminate service. c. The obligation to perform under this Agreement may be terminated by either party upon thirty (30) days written notice. Such termination shall be based upon substantial lack of performance by the other party under the Terms and Conditions of this Agreement. d. Consultant may terminate services under this agreement upon seven (7) days written notice if Clie nt requires or demands that Consultant perform services in conflict with Consultant’s professional responsibilities and Client hereby waives any and all claims against Consultant for such termination. e. If this Agreement is terminated by either party, Consultant shall be timely paid for services rendered and for direct expenses incurred to the date of such termination plus close-out or suspension costs including but not limited to document management, rescheduling or re-assignment of personnel, and documentation as to status of work tasks. 8) RISK ALLOCATION AND REMEDY a. Client and Consultant hereby contract and agree that any and all demands, mediation, arbitration, or lawsuits brought to enforce this Service Agreement shall be brought only against the parties hereto and shall not be brought individually against any shareholders, members, employees, directors, officers, partners, or a gents of either of the parties to this Service Agreement. Client and Consultant further contract and agree that no rights, claims, or benefits shall arise or accrue to any party or entity not an express party to this Service Agreement, without the express written consent of both of the parties hereto. 9) HAZARDOUS ENVIRONMENTAL CONDITIONS OR MATERIALS a. Consultant’s services exclude any services related to hazardous materials or a hazardous environmental condition, including hazardous materials as defined by federal, state and local law. Discovery of hazardous materials after the date of execution of this Agreement mandates renegotiation of Consultant’s scope of work or suspension or termination of services. b. The Client hereby waives any claim against Consultant, and shall timely pay, assume, defend, indemnify, and hold Consultant harmless from any claim or liability for injury, loss, damages or expenses arising from hazardous materials. 10) DISPUTE RESOLUTION a. All claims or disputes arising out of this Agreement shall first be addressed through non-binding mediation and no litigation or arbitration shall occur unless said mediation is unsuccessful in resolving any such claims or disputes. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 4 OF 11 Revised 2019 Client Initials ________ 11) RECOVERY OF DISPUTE RESOLUTION COSTS a. In the event that legal action is brought by either party against the other, the prevailing party shall be timely reimbursed by the other party for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documente d expenses. 12) EXTENT OF AGREEMENT AND AMENDMENTS a. This Agreement, including any attachments and the Terms and Conditions, represents the entire agreement between the Client and Consultant and supersedes all prior negotiations, representations or agreements, written or oral. b. Client may furnish to Consultant a signed copy of this Agreement by scanned or facsimile media and Consultant may rely upon the authority of such media. c. A signed Agreement constitutes a notice to proceed in the absence of any written directive otherwise from Client. d. This Agreement may be amended only by written instrument duly executed by both Client and Consultant. For purposes of signatures on any amendments, Client and Consultant agree that e-mail directives, or scanned or faxed signatures are acceptable and that each party may rely upon the authority of such communications. The following Terms 13 through 28 are federally mandated contract pr ovisions. These provisions are included, as it is anticipated federal funds will be used for Project(s) covered by this agreement. 13) ACCESS TO RECORDS AND REPORTS The Consultant shall maintain an acceptable cost accounting system. The Consultant agrees to provide the Client, 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 contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant 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. 14) BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Consultant or its subconsult ants 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. Client will provide Consultant written notice that describes the nature of the breach and c orrective actions the Consultant must undertake in order to avoid termination of the contract. Client reserves the right to withhold payments to Consultant until such time the Consultant corrects the breach or the Client elects to terminate the contract. The Client’s notice will identify a specific date by which the Consultant must correct the breach. Client may proceed with termination of the contract if the Consultant fails to correct the breach by deadline indicated in the Client’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 15) GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 16) CIVIL RIGHTS - TITLE VI CLAUSES Compliance with nondiscrimination requirements: During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”), agrees as follows: 1. Compliance with Regulations: The Consultant (hereinafter includes consultants) will comply with the DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 5 OF 11 Revised 2019 Client Initials ________ Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, includ ing employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subconsultant or supplier will be notified by the Consultant of the Consultant’s obli gations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will 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 to be pertinent to ascertain compliance w ith such Nondiscrimination Acts and Authorities and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the sponsor or th e Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Consultant’s noncompliance with the non -discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Consultant under the contract until the Consultant complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of eq uipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subconsultant, or supplier because of such direction, the Consultant may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Authorities During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following non -discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex ); • The Civil Rights Restoration Act of 1987 (PL 100 -209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 6 OF 11 Revised 2019 Client Initials ________ Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and consultants, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and se x); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). 17) CLEAN AIR AND WATER POLLUTION CONTROL Consultant agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251 -1387). The Consultant agrees to report any violation to the Client immediately upon discove ry. The Client assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. 18) CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is empl oyed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one - half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition , such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or pe rmitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be dete rmined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontracto r or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 7 OF 11 Revised 2019 Client Initials ________ 19) DEBARMENT AND SUSPENSION Certification of Consultant Regarding Debarment By submitting a bid/proposal under this solicitation, the Consultant certi fies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Certification of Lower Tier Consultants Regarding Debarment The Consultant, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction", must verify each lower tier participant of a “covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project . The Consultant will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate of Consultant Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non -compliant participant. 20) 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 Part 26 in the award and administr ation of DGT 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. 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non -responsible. 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 30 days from the receipt of each payment the prime contractor receives from the Client. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the 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 Client. This clause applies to both DBE and non-DBE subcontractors. 21) TEXTING WHEN DRIVING In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while drivin g when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub -tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. 22) ENERGY CONSERVATION REQUIREMENTS Consultant and Subconsultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy co nservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201et seq.). 23) FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by referenc e the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 8 OF 11 Revised 2019 Client Initials ________ The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. 24) CERTIFICATION REGARDING LOBBYING The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of th e Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreemen t. (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 M ember of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this trans action imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 25) OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this agreement incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The Consultant shall provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Consultant retains full responsibility to monitor its compliance and their subconsultant’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. 26) SEISMIC SAFETY The Consultant agrees to ensure that all work performed under this contract, including work performed by subconsultants, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the Natio nal Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. 27) CERTIFICATION OF CONSULTANT REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS 1) The Consultant represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and t hat is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The Consultant represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 28) TERMINATION OF CONTRACT Termination for Convenience (Professional Services) The Client may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Client, the Contractor must immediately discontinue all services affected. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 9 OF 11 Revised 2019 Client Initials ________ Upon termination of the Agreement, the Consultant must deliver to the Client all data, su rveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Consultant under this contract, whether complete or partially complete. Client agrees to make just and equitable c ompensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Client further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Termination for Default (Professional Services) Either party may terminate this Agreement for cause if the other party fails to fulfill its o bligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party seven [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and eq uitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the Project for more than one hundred eighty [180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the O wner’s breach of the contract. In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 29) TRADE RESTRICTION CERTIFICATION) By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror - 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 10 OF 11 Revised 2019 Client Initials ________ discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) 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 included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. 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 USC Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offer or/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 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 an Offero r or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 3) who incorporates in the public works project any product of a foreign country on such USTR list. 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. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct thro ugh the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 30) VETERAN’S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Consultant and all sub-tier consultants must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. End of federally mandated contract provisions. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 SERVICE AGREEMENT, 11 OF 11 Revised 2019 Client Initials ________ IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: City of McCall, Idaho T-O Engineers, Inc. ADDRESS: 216 E. Park Street 2471 S. Titanium Place McCall, Idaho 83638 Meridian, Idaho 83642 BY: Robert Giles BY: Patrick Colwell TITLE: Mayor TITLE: Principal SIGNATURE: SIGNATURE: DATE: DATE: 11/16/21 ATTEST BY: BessieJo Wagner TITLE: City Clerk SIGNATURE: ___________________________ DATE: ___________________________ DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 December 7, 2021 | 10:45 AM MST December 7, 2021 | 10:46 AM MST McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-1 EXHIBIT A DESCRIPTION OF PROJECT AND SCOPE OF ENGINEER’S PROFESSIONAL SERVICES FOR REHABILITATE RUNWAY 16-34 McCALL MUNICIPAL AIRPORT AIP 3-16-0023-032-2022 PROJECT DESCRIPTION The City of McCall, Idaho, the Owner of the McCall Municipal Airport, intends to design, bid and construct a project with the primary purpose of rehabilitating Runway 16-34. This project will be funded with assistance from a Federal Aviation Administration (FAA) Airport Improvement Program (AIP) FY ’21 grant. It is anticipated that an ITD Division of Aeronautics grant, and the City of McCall will provide grant matching funds. The FAA project number is anticipated to be AIP 3-16-0023-032-2022. The total project construction cost is anticipated to be in the range of $90,000-$150,000. Professional services anticipated for this design-only project include the following: • Preliminary and Final Civil Design Drawings • Construction Specifications • Bidding Documents • Project Bidding Assistance and Administration • Grant Administration • Coordination with the Owner, FAA and ITD Aeronautics DESCRIPTION OF PROJECT IMPROVEMENTS: Runway 16-34 needs crack repairs, crack filling, seal coating, and new pavement marking . The pavement is experiencing cracking, oxidation, and needs rehabilitation preserve and protect the structure and longevity of the pavement. Runway 16-34 designators and associated runway guidance signs will be changed to account for magnetic variation. Per the McCall Airport Master Plan, the runway designation will be changed to Runway 17-35 due to this change in magnetic declination. CONTRACTS AND BIDDING: It is anticipated that the construction documents for the Runway 16-34 rehabilitation project will be incorporated into the construction documents for the East-West Taxiway construction project. Rehabilitation of Runway 16-34 and construction of the East-West Taxiway will be bid as separate schedules. Both projects will be completed under a single construction contract. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-2 AVAILABLE INFORMATION: • Airport Master Plan, McCall Municipal Airport, prepared by Mead and Hunt and T-O Engineers, Inc. dated September 2007. • Project plans and specifications for AIP 3 -16-0023-016, McCall Municipal Airport, prepared by T-O Engineers, Inc. dated April 2009. • Project plans and specifications for AIP 3-16-0023-019, McCall Municipal Airport, prepared by T-O Engineers, Inc. dated May 2010. • Project plans and specifications for AIP 3-16-0023-021, McCall Municipal Airport, prepared by T-O Engineers, Inc. dated May 2014. • Project plans and specifications for AIP 3-16-0023-023, McCall Municipal Airport, prepared by T-O Engineers, Inc. dated May 2017. • Project plans and specifications for AIP 3-16-0023-027-2020, McCall Municipal Airport, Relocate Parallel Taxiway A, prepared by T-O Engineers, Inc. dated March 2020. • Airport Master Plan for AIP 3-16-0023-028-2020, McCall Municipal Airport, prepared by T-O Engineers, Inc., ongoing. • Project plans and specifications for AIP 3-16-0023-031-2021, McCall Municipal Airport, Construct East-West Taxiway, prepared by T-O Engineers, Inc. dated December 2021. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-3 SECTION 1 – SCOPE OF SERVICES Professional services required to accomplish the Project are anticipated to include the following activities: PHASE 1 - ADMINISTRATION The following work tasks shall be considered required contract administration. During the course of the Project the following general administrative services shall be provided. 1.1 Discuss the scope, budget and approach of the project with the OWNER and FAA. Determine the elements to be included in the project and the overall project approach. It is anticipated this coordination will take place via teleconference. Minutes from the meeting will be assemble d and distributed to the participants. 1.2 Prepare a detailed Scope of Work narrative. After review with OWNER and FAA, finalize the scope narrative. Requirement for an Independent Fee Estimate (IFE) is not anticipated for this project. 1.3 Prepare a detailed cost proposal based on the estimate of professional personnel service hours, hourly rates and lump sum costs required to accomplish the design development and bidding services for the work. 1.4 Prepare an Agreement for Professional Services for submittal and review by the OWNER. This Agreement shall be comprehensive in description of services and responsibilities of contract pa rties and shall include a detailed cost proposal for professional services, subcon sultant fees and reimbursable expenses . 1.5 Coordination with the OWNER’s Independent Fee Estimate (IFE) consultant is not anticipated for this project as the engineering costs will be less than $100,000. 1.6 Advise and coordinate with OWNER regarding compliance documentation, FAA procedural requirements and general guidance through the Phase 1 tasks. This item also includes coordination with the FAA during Phase 1. 1.7 Project management and administration to include monthly cost accounting and budget analysis, invoicing and monitoring of project progress for the duration of the project. (Approximately 6 months.) DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-4 PHASE 2 - PLANNING AND FORMULATION Planning and Formulation Phase Services shall include: 2.1 Prepare for and meet with FAA representatives to conduct the required Pre -Design Conference. This meeting will cover required topics as wel l as discussion of the approach to the project, environmental study requirements, justification for improvements; funding and eligibility; grant application(s) requirements and timing and project schedule. It is anticipated that this meeting will be held via teleconference with ENGINEER, FAA and OWNER representatives participating. This item also includes the preparation of the FAA Predesign Checklist and associated meeting minutes, which will be distributed to meeting participants. 2.2 Prepare preliminary construction cost estimates based on historical information available from previous projects completed at the airport and other comparable airports. 2.3 Prepare FAA form 7460-1 to reflect all project work. Anticipate one form 7460-1 will be required for the G.A. Apron reconstruction project. 2.4 The preparation of a Categorical Exclusion (CATEX) is included in item 8.6 below. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-5 PHASE 3 – PRELIMINARY DESIGN Preliminary Design Phase Services shall include: 3.1 Measure existing cracks and other pavement distresses on Runway 16-34 for use in preparation of the project cost estimate. ENGINEER will perform the crack measurement as well as runway guidance sign inventory during a site visit to the McCall Municipal Airport. 3.2 Assemble survey data from previous projects and generate base topographic mapping for the project site. 3.3 Lay out base sheets for the project to include the various areas of crack repair pavement rehabilitation, and pavement marking as necessary . The layout of the existing pavement markings will be compared to the appropriate Advisory Circular to confirm that they are in accordance with the current FAA standards. 3.4 Neither the geometry nor the pavement section will be designed as a part of this project. Preparation of a pavement analysis report is not included in this report. 3.5 Site grading and drainage design is not included in this project as the geometrics and the pavement section is not being changed. 3.6 Erosion and sediment control design is not included or required for this project. 3.7 Prepare a Construction Sequence and Safety Plan document for review by the OWNER and FAA. The FAA requires a stand-alone Airport Safety Plan document that includes the construction sequence and safety p lan drawing as well as selected safety related information excerpts from the project specifications. 3.8 Prepare preliminary (60%) design and construction plan set of the project elements for review and discussion with the OWNER. The ENGINEER will provide the OWNER and FAA with up to three (3) sets of drawings for review . The estimated number of sheets required is 5. These sheets will be incorporated into the existing plan set for construction of the East-West Taxiway. The following sheets are anticipated for this project: Layout Plan / Survey Control – incorporated into existing sheets Safety & Phasing Plan – 1 sheet Pavement Marking – 3 sheets Crack Fill & Pavement Marking Details – 1 sheet 3.9 Prepare a preliminary Engineer’s Design Report in conformance with FAA guidelines. This report will be incorporated into the design report for the East-West Taxiway reconstruction project. 3.10 Participate in a design review meeting with the OWNER in McCall, Idaho. Review will include design rationale, phasing and safety plan, preliminary design drawings, and project schedule. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-6 3.11 Coordinate with the OWNER and FAA during this phase of the project, including periodic status updates. 3.12 Travel time for ENGINEER personnel during Phase 3. It is anticipated that the Design Engineer make 1 trip to McCall during Phase 3. PHASE 4 – FINAL DESIGN The Final Design phase shall include the preparation of detailed construction plans and specifications, required design report, updated cost estimates and bid and contract documents suitable for obtaining competitive bids for construction of improvements. Final Design Service s shall include the following tasks: 4.1 Address and respond to OWNER and FAA comments regarding 65% set of Plans. Prepare final design and construction plans in conformance with applicable FAA Advisory Circulars. 4.2 Prepare construction specifications based on FAA AC 150/5370-10G “Standards for Specifying Construction on Airports” including regional Notices published by the FAA Northwest Mountain Region. 4.3 Prepare Bid Documents to include Bid Advertisement, Instructions to Bidders, Construction Agreement and Bond Forms, Notice of Award, Notice to Proceed and other contract documents required for solicitation of Bids and execution of a construction contract following bid award. Assist OWNER in project insurance and bond requirement evaluation. Prepare bid schedules with associated final bid quantities. 4.4 Prepare final cost estimate based on detailed bid schedule(s) and provide OWNER and FAA with an assessment of project costs versus available budget. 4.5 Prepare the Final Engineer’s Design Report in conforman ce with FAA guidelines, to include FAA plan and specification review checklists. 4.6 Review 95% design drawings and associated documents with the OWNER. It is anticipated that one virtual review meeting will be required. 4.7 Respond to FAA design review comments. Incorporate FAA and OWNER comments into the 100 % final design drawings and associated contract documents and submit revisions for approval to bid. 4.8 Coordinate with the OWNER and FAA during this phase of the project, including periodic status updates. 4.9 Travel time for ENGINEER personnel related Phase 4. No travel to McCall is anticipated during Phase 4. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-7 PHASE 5 – BIDDING Assist the OWNER in the competitive sealed bid and contractor selection process. Prepare and process contract award and construction agreement documents for the OWNER. Bidding phase services shall include the following tasks: 5.1 It is understood that the OWNER will solicit bids from prospective contractors as opposed to going through a formal bid advertis ement process. The ENGINEER will assist the OWNER by providing the solicitation request and bid documents to the prospective bidders. The ENGINEER will maintain a “bidders list” and will distribute plans as requested. Assist OWNER in promoting bidder interest in an appropriate geographic area by reaching out to potential bidders. 5.2 Respond to questions that arise during the Contractors’ bid preparation process. Issue addenda or other clarifications as required. No more than one (1) addendum is anticipated to be required. 5.3 A Pre-Bid Conference will not be held for this project. 5.4 Assist the OWNER in preparation for the project Bid Opening as required, including preparation of a Project Bid Summary. It is anticipated that the ENGINEER will attend the Bid Opening virtually by video conference. ENGINEER will then evaluate the qualifications of bidders and responsiveness to bidding criteria. Assist the OWNER with review and analysis of bids received. 5.5 Prepare detailed Bid Tabulations documenting bid results and submi t to OWNER and FAA. 5.6 Provide Engineer’s Recommendation of Award letter to OWNER. Assist OWNER with Request for Concurrence in Award from FAA. 5.7 Prepare and distribute Notice of Award, Construction Agreement, and other contract documents. Review Construction Agreement, bonds and insurance documents submitted by Contractor, and assist OWNER and Contractor in processing documents for the project. 5.8 Coordinate with FAA and OWNER throughout the bid and award process. Submit bid documentation including copies of all executed contract documents as required by the FAA. 5.9 Travel time for ENGINEER personnel associated with tasks listed in Phase 5. No travel to McCall is anticipated during Phase 5. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-8 PHASE 6 – CONSTRUCTION During the construction phase, the ENGINEER shall administer all aspects of the construction contract over which the ENGINEER can be expected to have realistic control in order to assist the OWNER in monitoring and documenting the construction process for design compliance, quality assurance, and cost control. This scope (and related fees) shall reflect the anticipated schedule, including allowances for overtime, additional staff, e tc. Construction phase services shall more specifically include the following tasks: 6.1 Provide pre-construction coordination; prepare a detailed Pre-Construction Conference agenda and displays; conduc t a Pre-Construction Conference on behalf of the OWNER in McCall, Idaho and prepare and issue minutes of the Pre - Construction Conference; advise the FAA of Pre-Construction Conference dates and include FAA items in conference agenda. Complete FAA Pre -Construction conference checklist. 6.2 Prepare a Construction Management Plan in accordance with FAA guidelines. Clarify specification and document submittal requirements. Include Co ntractor’s Quality Control Plan. Submit final document to FAA. 6.3 Review, comment and process Contractor’s material submittals, particularly Work Schedule, Operational Safety Plan and Quality Control Plan. Assist Contractor as required clarifying specification requirements and documenting submittal requirements. Coordinate construction a ctivity schedule with OWNER. 6.4 Organize and conduct one (1) construction progress meeting with OWNER, Contractor and others as appropriate. C ontractors schedule review and work progress will be discussed. The Resident Project Representative will ho ld this meeting on or near the construction site at the airport. Project Engineer or Project Manager will attend the meeting. 6.5 Provide one full-time Resident Project Representative (RPR) to monitor and document construction activities, conformance with schedules , plans and specifications; review and document construction quantities; document significant conversations, situations, events or changed conditions; document input or visits from local authorities and officials; prepare and submit routine inspection reports; and maintain a project diary. Anticipate 4 to 5 working days on-site during construction. 6.6 Provide office administration support and assistance to the Resident Project Representative with senior personnel as field activities may require. 6.7 Review and approve Contractor Pay Requests. Submit approved pay requests to the OWNER for approval and payment. 6.8 Monitor and coordinate Contractor Quality Control Program pursuant to current FAA specifications for Quality Control and Quality Assurance. This will be limited due to the nature of this project. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-9 6.9 Conduct a Final Completion inspection with the OWNER and Contractor. Advise and coordinate with FAA of the inspection date. Produce final completion inspection certificate and document “punch list” items. It is assumed the project manager will attend the meeting at McCall Municipal Airport. 6.10 Assist OWNER with review of Contractor Wage and EEO documentation review. 6.11 Coordinate with OWNER and FAA throughout the construction process. Submit required construction documentation, including weekly activity report forms, change orders, etc. Coordinate with OWNER and FAA verbally concerning change orders, as required. 6.12 Travel time for ENGINEER personnel associated with tasks listed in Phase 6. It is anticipated that the Project Manager will make two (2) trips and the Inspector will make two (2) trips to McCall during Phase 6. PHASE 7 – CLOSEOUT DOCUMENTATION The Closeout Phase shall consist of project clos eout and documentation services. Closeout phase services shall include the following tasks: 7.1 Prepare As-Constructed Revisions to Design and Construction Drawings for project improvements. Provide OWNER with one set of prints of Record Drawings. Provide OWNER with copies of Record Drawings including two electronic copies, one for the OWNER and one to be submitted to the FAA. 7.2 Prepare an As-Constructed Airport Layout Plan (ALP) to document improvements. The As-Constructed ALP drawing(s) shall identify changes that have occurred as a result of this project. Other changes to Airport geometry or facilities are not included in the revisions for this project. 7.3 Document the Project work and accomplishments in a Final Construction Report in accordance with FAA guidelines. 7.4 Coordinate with Contractors on OWNER’s behalf to obtain lien releases from subcontractors and prime Contractors in preparation to making final payment. Obtain project final Certifications as necessary from the Airport. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-10 PHASE 8 – ADDITIONAL SERVICES ENGINEER shall provide the following services as Additional Services to basic services required under Phases 1 through 7. 8.1 AIP Grant Administration Related Services: 8.1.1 Prepare an Application for Federal Assistance for the FAA/AIP portion of the project to be submitted by the OWNER. 8.1.2 Assist the OWNER in preparation and process ing of required sponsor certifications for submittal to FAA. The “Sponsor Certification for Construction Contracts” will serve as Sponsors certification of qualified personnel to perform the work. 8.1.3 Coordination and communications with OWNER and FAA for approximately ten (6) months relating to grant fund availability and scheduling. Analysis and discussion of alternatives for fiscal year 2022 construction and incorporation of Runway 16-34 rehabilitation into the East-West Taxiway construction project. 8.1.4 Coordination and communication with Idaho Division of Aeronautics relating to administration of the ITD grant. 8.1.5 Assist OWNER in preparation of periodic project requests for reimbursements (RFRs) via the FAA Delphi eInvoicing system. OWNER will be responsible for actual data entry into the eInvoicing system. ENGINEER will provide supporting documentation as necessary. 8.1.6 Complete FAA quarterly reporting on status of project and expenditure of grant funds. 8.1.7 Complete FAA annual reporting. Complete FAA forms 427 and 271. 8.1.8 Complete FAA grant closeou t report in accordance with FAA requirements. 8.2 Provide the following services related to Federal Disadvantaged Business Enterprise requirements (DBE). 8.2.1 Review current DBE plan for the City of McCall in comparison with the most recent revisions to Federal DBE Program requirements. Research and advise the Owner as to program requirements and the Owner’s responsibilities as a grantee. Verify that the current DBE program is acceptable to the Owner and FAA and that it follows the FY 2017 requirements of the Federal DBE program. Review contract documents and special provisions for compliance with Federal and FAA DBE requirements. This task does not include the development of a new three- year DBE plan. If a new DBE Plan is required, or a significant update is required, an amendment to these services will be required. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-11 8.2.2 This task does not include the evaluation of the contract work scope for DBE subcontract opportunities for consultant or contractor. It does not develop methodology for establishing contract DBE goals for FY 2020 or beyond. Project specific goals will be obtained from the East-West Taxiway construction project. 8.2.3 Complete the “Uniform Report of DBE Awards or Commitments and Payments” including contract award amount or contractor/engineer’s commitment and actual resulting payment to DBE’s. 8.3 Geotechnical information is not anticipated to be required for this project and it has not been included in the scope of this project. 8.1 Prepare Final Contract Change Order/Supplemental Agreements. All services associated with evaluation, negotiation, preparation and processing of Contract Change Orders or Supplemental Agreements are an Additional Service. Personnel service hour estimates, and costs are to be based on normal construction events as experienced by the ENGINEER for projects of this type and size. 8.4 Design surveying services are not anticipated to be required for this project and have not been included in the scope for this project. Project control, pavement centerlines, and edges of pavement will be obtained from previously completed projects. Field surveying of the existing pavement markings will be required by the Contractor prior to the Contractor’s removal of the existing markings during construction. 8.5 Work related to the preparation of a Storm Water Pollution Prevention Plan (SWPPP) or a Notice of Intent (NOI) is not included in this scope of services. It is anticipated that these items will be included in the East-West Taxiway construction project. 8.6 Coordinate with the FAA regarding obtaining an environmental clearance for the project. It is assumed that the project will be granted a Categorical Exclusion (CATEX). The ENGINEER’s staff will provide the services related to the submission of the CATEX request. No site visit is included in this scope of services. If work beyond a CATEX request, or if a site visit is determined to be required by the FAA, an amendment to these services will be requested. 8.7 Assist and coordinate with independent auditors in locating appropriate documents for performing A-133 annual audit. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-12 SECTION 2 - OWNER’S RESPONSIBILITIES OWNER shall assume the following responsibilities and provide the following support to Engineer. OWNER's Designated Representative • The OWNER 's designated representative shall be Jerry Bisom, Airport Operations Manager, who with assistance from other members of th e City staff, shall assist in processing interim Requests for Reimbursements and authorize other Additional Services of ENGINEER as may be required during the course of the project. The OWNER's designated representative shall coordinate directly and routinely with City of McCall for the purpose of document processing, authorization of changes and project updates. OWNER's Requirements • The Designated Representative shall advise ENGINEER as to the project budget and site-specific design requirements during the Planning and Study phases of the project. The Designated Representative shall also act as a liaison with the Airport Commission and airport users to seek additional input as appropriate du ring planning and design development. • OWNER's Designated Representative shall assist in coordination and development of an Operation and Safety Plan. Work to include coordination and meeting (s) with Engineer and airport users as necessary. • Designate an individual to serve as the OWNER's DBE Compliance and Labor and Wage Administrator. • The OWNER shall determine the low responsive bidder(s) for purpose of award of the contract(s) and direct the Engineer to prepare Notice of Award and other contract documents for delivery to the selected bidder(s). OWNER shall also make all decisions relating to determinations of a Bidder’s “Good Faith Efforts: in complying with DBE construction goals. On-Site OWNER Representation • Attend the Pre-Design Conference, Pre-Bid Conference, Bid Opening, Pre- Construction Conference, weekly construction progress and other job-related meetings as requested, and Substantial and Final Completion or payment inspections. • Designate a Project Safety Officer to act as the OWNER's representative in matters relating to airport operations and operational safety during the course of construction with authority as follows: DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-13 • Conduct of Operations: The OWNER shall designate an individual knowledgeable in the standards and procedures for conduct of Airport Operations to act as the OWNER’s representative on matters relating to the actions of the Contractor, Engineer, Utility Companies, Airport Users and others, who may be directly or indirectly involved in or impacted by the performance of the Work, as such actions may impact the routine operation of the Airport. This individual shall be designated as the “Airport Safety Officer” and shall work under the supervision of the Designated Representative. The Airport Safety Officer’s responsibilities sha ll in no way supersede, limit or remove the responsibility of the Contractor for conduct of operations as are typically set forth in the General Conditions of the Construction Contract. • The OWNER agrees to provide personnel to assist with control of aircraft movements that may occur in the vicinity of the Work, or p otentially be impacted by the Work. Such assigned personnel shall perform work under the direction of the Safety Officer. • Assist in location and identification of existing utilities in the vi cinity of proposed project improvements. Identify subsurface conditions that OWNER may be aware of which could impact project design and/or construction cost. • Review progress documents or alternatives information and respond to Engineer in a timely manner when additional direction is required. • Issue NOTAMS and provide all necessary coordination with FAA personnel relative to Airport Operations Area (AOA) closures, impacts to FAA navigatio nal aids, and similar activities. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-14 SECTION 3 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures, or for safety precautions or programs, or responsibility for CONTRACTOR'S failure to perform the Work in accordance with the Contract documents and in particular the specific limitations set forth in Paragraph 1.6 of the Agreement are applicable. The duties and responsibilities of the RPR are limite d to those of ENGINEER in ENGINEER's agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: A. General RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR, keeping OWNER advised as necessary. RPR's dealings w ith subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER'S liaison with CONTRACTOR and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S opera tions affect OWNER'S on-site operations. b. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR and notify ENGINEER of availability of samples for examination. c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests: DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-15 a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective, or does not conform to the Contract Documents, or has bee n damaged, or does not meet the requirements of any inspection, test, or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspec tion, or approval. c. Verify that tests, equipment, and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record, and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR'S recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Cha nge Orders or change conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c. Record names, address, and telephone numbers of all CONTRACT ORS, subcontractors, and major suppliers of materials and equipment. 9. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress s chedule and schedule of Shop Drawing and sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections, or start of important phases of the Work. c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-16 d. Report immediately to ENGINEER and OWNER upon the occurrence of an y accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals, and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completions, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR'S superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 7. Shall not authorize OWNER to occupy the Project in whole or in pa rt. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-17 SECTION 4 - PROJECT SCHEDULE The following schedule summarizes the OWNER’s desired target completion dates for significant Project tasks. ACTIVITY TARGET COMPLETION Submit Proposed Contract and Fees to Owner November 10 2021 Final Professional Services Agreement to Owner November 23, 2021 Grant Application Submittal to Owner November 12, 202 Final Design Completion December 31, 2021 Solicit Bid Requests January 26, 2022 Bid Opening February 24, 2022 Execute Grant Offer Early 2022 Award Project March 4, 2022 Construction (G.A. Apron Reconstruction) July – Sept 2022 Project Closeout December 2022 Note: Construction dates are dependent upon the availability of grant funding. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-18 SECTION 5 - FEES FOR SERVICES AND BASIS FOR REIMBURSEMENT 5.1 Basis of Fees: 5.1.1 Basic Services provided under Section 1, Phases 1-4 and 5-7 of Exhibit A. 5.1.1.1 Planning and design services provided under Section 1, Phases 1, 2, 3 and 4 shall be performed on a "Lump Sum Fee Basis". 5.1.1.2 Bidding and Construction services provided under Section 1, Phases 5, 6, and 7 shall be performed on a "Prevailing Rates Basis", in accordance with the fee schedule provided in Exhibit C to this Agreement. 5.1.2 Additional services provided under Section 2 of Exhibit A shall be performed on a "Prevailing Rates Basis". 5.1.3 Independent professional associates and engineers’ fees and reimbursable expenses shall be in addition to Basic and Additional Services Fees identified in Paragraph 5.2.1 below. Estimates are provided in Paragraph 5.2.2 below. 5.2 Fees for Services. The Fees established below are supported by the man-hour and cost analysis provided in Exhibit B. 5.2.1 Professional Services - T-O Engineers, Inc. Personnel 5.2.1.1 Fee for services provided under Contract Section 1, Phases 1, 2, 3, and 4. LUMP SUM = $ 26,287.72 5.2.1.2 Estimated fee for services provided under Contract Section 1, Phases 5, 6, and 7 and Contract Section 2, Phase 8. ESTIMATED PREVAILING RATES BASIS FEE = $ 30,330.21 5.2.2 Subconsultant Fees 5.2.2.1 Fee for Subconsultant services provided under Contract Section 1, Phases 1, 2, 3, and 4. ESTIMATED FEE = $ 0.00 5.2.2.2 Estimated fee for Subconsultant services provided under Contract Section 1, Phases 5, 6, and 7 and Contract Section 2, Phase 8. ESTIMATED FEE = $ 0.00 5.2.3 Reimbursable Expenses: 5.2.3.1 Contract Section 1, Phases 1, 2, 3, and 4. ESTIMATED AMOUNT = $ 789.45 5.2.3.2 Contract Section 1, Phases 5, 6, 7 and 8. ESTIMATED AMOUNT = $ 2,507.75 Fee Summary: Section 1 & 2 (5.2.1. + 5.2.2. + 5.2.3.) ESTIMATED TOTAL = $ 59,915.12 DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport Rehabilitate Runway 16-34 Professional Services Agreement: Exhibit A November 15, 2021 PAGE A-19 5.3 Adjustment of Fees: 5.3.1 It is agreed that the fees identified in 5.2 above are subject to adjustment should the Scope of Services change; should work effort required to accomplish a task significantly increase through no fault of the ENGINEER; and/or the time span over which services are provided be significantly extended through circumstances not under the control of the ENGINEER during the progress of work. 5.3.2 It is further understood and agreed that the distribution of work and hence fees between the ENGINEER and subconsultants during the performance of work may vary from the assumptions which form the basis of estimates provided in Exhibit B, and also that the cost for subconsultant services and reimbursable expenses may vary from estimates contained herein. 5.4 Requests for Fee Adjustment: 5.4.1 Requests for adjustment of fees identified in paragraph 5.2 are subject to the approval of the OWNER and the Federal Aviation Administration (FAA). The OWNER agrees to not withhold approval of requests for fee adjustments that are agreed to by the FAA or which have been included in calculation of the FAA-AIP Grant amount awarded to the OWNER. 5.4.2 It is agreed that the ENGINEER shall only be required to request an adjustment of fees in the event total Basic Services fees for the Administration, Planning and Study, Preliminary Design, and Final Design (Phases 1 through 4); or if, Bidding, Construction, Operational phases (Phases 5 through 7); or if total estimated Additional Services fees (Phase 8) exceed total pre-approved maximum amounts for each of respective subtotal for Phase 1 through 4, Phase 5 through 7, or Phase 8. DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 Mc C a l l M u n i c i p a l A i r p o r t AI P 3 - 1 6 - 0 0 2 3 - 0 3 2 - 2 0 2 2 Re h a b i l i t a t e R u n w a y 1 6 - 3 4 T- O E n g i n e e r s , I n c . Pr o f e s s i o n a l S e r v i c e s A g r e e m e n t Ex h i b i t A , B a s i s o f C o s t A n a l y s i s La b o r W o r k s h e e t Pr i n PM PE DE En v AP In s p Ad m To t a l DM KB SR RF TB ZS CS SW $6 7 . 7 2 $5 8 . 9 3 $3 6 . 1 5 $3 1 . 8 0 $3 9 . 7 5 $3 2 . 0 9 $4 4 . 9 9 $2 1 . 9 8 Ho u r s Ph a s e 1 - A d m i n i s t r a t i o n 1. 1 Pr o j e c t F o r m u l a t i o n 6 6 35 3 . 5 8 $ 1. 2 Sc o p e o f W o r k 2 2 11 7 . 8 6 $ 1. 3 Co s t P r o p o s a l 3 3 17 6 . 7 9 $ 1. 4 Ag r e e m e n t f o r P r o f e s s i o n a l S e r v i c e s 2 2 11 7 . 8 6 $ 1. 5 Co o r d i n a t e I n d e p e n d e n t F e e E s t i m a t e 0 0 - $ 1. 6 Ad v i s e a n d C o o r d i n a t e w i t h O w n e r a n d F A A 2 2 11 7 . 8 6 $ 1. 7 Pr o j e c t M a n a g e m e n t a n d A d m i n i s t r a t i o n 10 10 58 9 . 3 0 $ Su b t o t a l , P h a s e 1 0 25 0 0 0 0 0 0 25 1, 4 7 3 . 2 5 $ Ph a s e 2 - P l a n n i n g a n d F o r m u l a t i o n 2. 1 Pr e - D e s i g n C o n f e r e n c e / F A A C h e c k l i s t 2 5 7 29 8 . 6 1 $ 2. 2 Pr e l i m i n a r y C o n s t r u c t i o n C o s t E s t i m a t e 2 4 6 19 9 . 5 0 $ 2. 3 Pr e p a r e F A A f o r m 7 4 6 0 - 1 ( 1 e a . ) 1 3 4 13 2 . 4 2 $ 2. 4 Pr e p a r e C A T E X ( i n c l u d e i n i t e m 8 . 6 b e l o w ) 2 2 79 . 5 0 $ Su b t o t a l , P h a s e 2 0 2 8 4 2 3 0 0 19 71 0 . 0 3 $ No v e m b e r 1 5 , 2 0 2 1 De s c r i p t i o n T a s k Fe e Pe r s o n n e l H o u r l y * T r a v e l r e q u i r e d f o r t h i s t a s k . Pa g e A - 1 DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 Mc C a l l M u n i c i p a l A i r p o r t AI P 3 - 1 6 - 0 0 2 3 - 0 3 2 - 2 0 2 2 Re h a b i l i t a t e R u n w a y 1 6 - 3 4 T- O E n g i n e e r s , I n c . Pr o f e s s i o n a l S e r v i c e s A g r e e m e n t Ex h i b i t A , B a s i s o f C o s t A n a l y s i s La b o r W o r k s h e e t Pr i n PM PE DE En v AP In s p Ad m To t a l DM KB SR RF TB ZS CS SW $6 7 . 7 2 $5 8 . 9 3 $3 6 . 1 5 $3 1 . 8 0 $3 9 . 7 5 $3 2 . 0 9 $4 4 . 9 9 $2 1 . 9 8 Ho u r s No v e m b e r 1 5 , 2 0 2 1 De s c r i p t i o n T a s k Fe e Pe r s o n n e l H o u r l y Ph a s e 3 - P r e l i m i n a r y D e s i g n 3. 1 Si t e V i s i t t o M e a s u r e C r a c k Q u a n t i t i e s * 2 6 8 33 4 . 7 6 $ 3. 2 As s e m b l e B a s e M a p 1 12 13 44 0 . 5 3 $ 3. 3 Ba s e S h e e t s & M a r k i n g s C o m p a r i s o n 1 5 6 21 7 . 9 3 $ 3. 4 Pa v e m e n t S e c t i o n D e s i g n 0 0 - $ 3. 5 Gr a d i n g a n d D r a i n a g e P l a n 0 0 - $ 3. 6 Er o s i o n a n d S e d i m e n t C o n t r o l P l a n 0 0 - $ 3. 7 St a n d - A l o n e S a f e t y P l a n D o c u m e n t 2 6 8 33 4 . 7 6 $ 3. 8 Pr e p a r e P r e l i m P l a n S h e e t s ( 6 0 % ) - 5 S h e e t s 5 10 35 50 1, 7 6 9 . 1 5 $ 3. 9 Pr e l i m i n a r y E n g i n e e r ' s D e s i g n R e p o r t 1 5 6 23 9 . 6 8 $ 3. 1 0 De s i g n R e v i e w M e e t i n g o n S i t e 1 1 2 90 . 7 3 $ 3. 1 1 Ad v i s e a n d C o o r d i n a t e w i t h O w n e r a n d F A A 5 5 29 4 . 6 5 $ 3. 1 2 Tr a v e l T i m e - P h a s e 3 0 5 5 18 0 . 7 5 $ Su b t o t a l , P h a s e 3 0 18 32 53 0 0 0 0 10 3 3, 9 0 2 . 9 4 $ Ph a s e 4 - F i n a l D e s i g n 4. 1 Ad d r e s s C o m m e n t s & P r e p a r e 9 5 % P l a n s 3 8 15 26 94 2 . 9 9 $ 4. 2 Co n s t r u c t i o n S p e c i f i c a t i o n s 4 15 19 77 7 . 9 7 $ 4. 3 Bi d D o c u m e n t s 4 4 14 4 . 6 0 $ 4. 4 Fi n a l C o n s t r u c t i o n C o s t E s t i m a t e s 2 5 7 23 1 . 3 0 $ 4. 5 Fi n a l E n g i n e e r ' s D e s i g n R e p o r t 1 3 4 16 7 . 3 8 $ 4. 6 Re v i e w F i n a l D e s i g n P l a n s 0 0 - $ 4. 7 Ad d r e s s C o m m e n t s & P r e p a r e 1 0 0 % P l a n s & S p e c s 2 12 14 45 3 . 9 0 $ 4. 8 Ad v i s e a n d C o o r d i n a t e w i t h O w n e r a n d F A A 2 2 11 7 . 8 6 $ 4. 9 Tr a v e l T i m e - P h a s e 4 0 0 - $ Su b t o t a l , P h a s e 4 0 10 34 32 0 0 0 0 76 2, 8 3 6 . 0 0 $ Su b t o t a l , P h a s e s 1 - 4 0 55 74 89 2 3 0 0 22 3 8, 9 2 2 . 2 2 $ * T r a v e l r e q u i r e d f o r t h i s t a s k . Pa g e A - 2 DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 Mc C a l l M u n i c i p a l A i r p o r t AI P 3 - 1 6 - 0 0 2 3 - 0 3 2 - 2 0 2 2 Re h a b i l i t a t e R u n w a y 1 6 - 3 4 T- O E n g i n e e r s , I n c . Pr o f e s s i o n a l S e r v i c e s A g r e e m e n t Ex h i b i t A , B a s i s o f C o s t A n a l y s i s La b o r W o r k s h e e t Pr i n PM PE DE En v AP In s p Ad m To t a l DM KB SR RF TB ZS CS SW $6 7 . 7 2 $5 8 . 9 3 $3 6 . 1 5 $3 1 . 8 0 $3 9 . 7 5 $3 2 . 0 9 $4 4 . 9 9 $2 1 . 9 8 Ho u r s No v e m b e r 1 5 , 2 0 2 1 De s c r i p t i o n T a s k Fe e Pe r s o n n e l H o u r l y Ph a s e 5 - B i d d i n g 5. 1 Bi d A d m i n i s t r a t i o n 4 4 23 5 . 7 2 $ 5. 2 Re s p o n d t o Q u e s t i o n s & I s s u e 1 A d d e n d u m 1 5 6 23 9 . 6 8 $ 5. 3 Pr e - B i d C o n f e r e n c e ( N o t i n c l u d e d ) 0 0 - $ 5. 4 Bi d O p e n i n g A s s i s t a n c e ( f r o m O f f i c e ) 1 1 58 . 9 3 $ 5. 5 Bi d T a b u l a t i o n 2 2 72 . 3 0 $ 5. 6 Bi d A n a l y s i s / R e c o m m e n d a t i o n o f A w a r d 2 1 3 15 4 . 0 1 $ 5. 7 No t i c e o f A w a r d / C o n s t r u c t i o n A g r e e m e n t 3 3 17 6 . 7 9 $ 5. 8 Ad v i s e a n d C o o r d i n a t e w i t h O w n e r a n d F A A 2 2 11 7 . 8 6 $ 5. 9 Tr a v e l T i m e - P h a s e 5 0 0 - $ Su b t o t a l , P h a s e 5 0 13 8 0 5 0 0 0 26 1, 0 5 5 . 2 9 $ Ph a s e 6 - C o n s t r u c t i o n 6. 1 Pr e - C o n s t r u c t i o n C o o r d i n a t i o n / C o n f e r e n c e * 4 4 23 5 . 7 2 $ 6. 2 Co n s t r u c t i o n M a n a g e m e n t P l a n 1 4 5 20 3 . 5 3 $ 6. 3 Co n t r a c t o r Q C P l a n / S c h e d u l e / S u b m i t t a l s 1 5 6 23 9 . 6 8 $ 6. 4 W e e k l y C o n s t u c t i o n M e e t i n g ( 1 ) * 2 2 11 7 . 8 6 $ 6. 5 On - S i t e O b s e r v a t i o n ( 4 t o 5 w o r k i n g d a y s ) * 0 40 40 1, 7 9 9 . 6 0 $ 6. 6 Co n s t r u c t i o n A d m i n i s t r a t i o n ( O f f i c e ) 5 5 29 4 . 6 5 $ 6. 7 Pr o c e s s P a y R e q u e s t s 2 6 8 38 7 . 8 0 $ 6. 8 Qu a l i t y C o n t r o l P r o g r a m 1 3 4 19 3 . 9 0 $ 6. 9 Fi n a l C o m p l e t i o n I n s p e c t i o n * 2 3 5 25 2 . 8 3 $ 6. 1 0 W a g e / E E O D o c u m e n t a t i o n R e v i e w 1 3 4 19 3 . 9 0 $ 6. 1 1 FA A / O w n e r C o o r d i n a t i o n 2 2 11 7 . 8 6 $ 6. 1 2 Tr a v e l T i m e - P h a s e 6 10 10 20 1, 0 3 9 . 2 0 $ 0 - $ Su b t o t a l , P h a s e 6 0 31 9 0 0 0 65 0 10 5 5, 0 7 6 . 5 3 $ * T r a v e l r e q u i r e d f o r t h i s t a s k . Pa g e A - 3 DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 Mc C a l l M u n i c i p a l A i r p o r t AI P 3 - 1 6 - 0 0 2 3 - 0 3 2 - 2 0 2 2 Re h a b i l i t a t e R u n w a y 1 6 - 3 4 T- O E n g i n e e r s , I n c . Pr o f e s s i o n a l S e r v i c e s A g r e e m e n t Ex h i b i t A , B a s i s o f C o s t A n a l y s i s La b o r W o r k s h e e t Pr i n PM PE DE En v AP In s p Ad m To t a l DM KB SR RF TB ZS CS SW $6 7 . 7 2 $5 8 . 9 3 $3 6 . 1 5 $3 1 . 8 0 $3 9 . 7 5 $3 2 . 0 9 $4 4 . 9 9 $2 1 . 9 8 Ho u r s No v e m b e r 1 5 , 2 0 2 1 De s c r i p t i o n T a s k Fe e Pe r s o n n e l H o u r l y Ph a s e 7 - C l o s e o u t / D o c u m e n t a t i o n 7. 1 As - C o n s t r u c t e d P l a n s 2 3 5 21 3 . 2 6 $ 7. 2 Up d a t e A L P 1 8 9 31 3 . 3 3 $ 7. 3 Fi n a l C o n s t r u c t i o n R e p o r t 2 4 2 8 32 6 . 0 6 $ 7. 4 Cl o s e o u t S u p p o r t / D o c u m e n t s / L e i n R e l e a s e s 1 4 5 20 3 . 5 3 $ 0 - $ Su b t o t a l , P h a s e 7 0 6 8 13 0 0 0 0 27 1, 0 5 6 . 1 8 $ Ph a s e 8 - A d d i t i o n a l S e r v i c e s 8. 1 Gr a n t A d m i n i s t r a t i o n 8. 1 . 1 Pr e p a r e F A A G r a n t A p p l i c a t i o n 5 1 6 32 6 . 4 5 $ 8. 1 . 2 Pr e p a r e F A A S p o n s o r C e r t i f i c a t i o n s 1 1 58 . 9 3 $ 8. 1 . 3 Co o r d i n a t i o n w i t h S p o n s o r a n d F A A 6 6 35 3 . 5 8 $ 8. 1 . 4 IT D A e r o n a u t i c s G r a n t A d m i n i s t r a t i o n 2 2 11 7 . 8 6 $ 8. 1 . 5 Fe d e r a l e I n v o i c i n g P r e p a n d R F R A s s i s t a n c e 4 4 23 5 . 7 2 $ 8. 1 . 6 Co m p l e t e F A A Q u a r t e r l y R e p o r t i n g ( 6 m o n t h s ) 2 2 11 7 . 8 6 $ 8. 1 . 7 Co m p l e t e F A A A n n u a l R e p o r t i n g 5 5 29 4 . 6 5 $ 8. 1 . 8 FA A C l o s e o u t I t e m s 2 6 1 9 36 6 . 5 6 $ 8. 2 DB E R e q u i r e m e n t s 8. 2 . 1 Re v i e w & V e r i f y D B E P r o g r a m 1 4 5 18 7 . 2 9 $ 8. 2 . 2 Co n t r a c t G o a l s ( f r o m E a s t - W e s t T / W p r o j e c t ) 2 2 64 . 1 8 $ 8. 2 . 3 DB E F u l f i l l m e n t R e p o r t i n g 1 5 6 21 9 . 3 8 $ 8. 3 Co o r d / M o n i t o r G e o t e c h n i c a l I n v e s t i g a t i o n 0 0 - $ 8. 4 Pr e p a r e C h a n g e O r d e r s 2 1 1 4 14 9 . 0 9 $ 8. 5 Pr o j e c t S u r v e y i n g ( N o t i n c l u d e d ) 0 0 - $ 8. 6 En v i r o n m e n t a l S W P P P & N O I ( N o t i n c l u d e d ) 0 0 - $ 8. 7 FA A C A T E X R e q u e s t & C o o r d i n a t i o n 1 5 6 25 7 . 6 8 $ 8. 8 A- 1 3 3 A u d i t A s s i s t a n c e 1 3 4 16 7 . 3 8 $ 0 - $ Su b t o t a l , P h a s e 8 0 31 11 3 5 11 1 0 62 2, 9 1 6 . 6 1 $ Su b t o t a l , P h a s e s 5 - 8 0 81 36 16 10 11 66 0 22 0 10 , 1 0 4 . 6 1 $ * T r a v e l r e q u i r e d f o r t h i s t a s k . Pa g e A - 4 DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport AIP 3-16-0023-032-2022 Rehabilitate Runway 16-34 T-O Engineers, Inc. Professional Services Agreement Exhibit A, Basis of Cost Analysis Fee Summary 1. Personnel Costs Classification Title Hours Rate/Hour Cost Prin Principle 0 $67.72 $0.00 PM Project Manager 55 $58.93 $3,241.15 PE Project Engineer 74 $36.15 $2,675.10 DE Design Engineer 89 $31.80 $2,830.20 Env Environmental PM 2 $39.75 $79.50 AP Aviation Planner 3 $32.09 $96.27 Adm Administrative Assistant 0 $21.98 $0.00 Totals: 223 $8,922.22 Average Rate/Hour $40.01 Labor Cost $8,922.22 ITD Overhead $11,299.10 Fixed Fee $6,066.40 Total Direct Cost:$26,287.72 2. Subconsultant Fees $0.00 Subtotal, Subconsultant Fees:$0.00 3. Reimbursable Expenses Description Number Unit Cost Cost Vehicle Travel (Per Mile)220 $0.56 $123.20 Meals (Per Day)1 $41.25 $41.25 Computer - CADD (Per Hour)25 $10.00 $250.00 Document Reproduction (Lump Sum)1 $250.00 $250.00 Telephone, Fax, Postage, Misc. (Lump Sum)1 $125.00 $125.00 Subtotal, Reimbursable Expenses $789.45 TOTAL FEE (1+2+3) (for Phases 1-4):$27,077.17 November 15, 2021 Phases 1-4 Page A-5 DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60 McCall Municipal Airport AIP 3-16-0023-032-2022 Rehabilitate Runway 16-34 T-O Engineers, Inc. Professional Services Agreement Exhibit A, Basis of Cost Analysis Fee Summary 1. Personnel Costs Classification Title Hours Rate/Hour Cost Prin Principle 0 $67.72 $0.00 PM Project Manager 81 $58.93 $4,773.33 PE Project Engineer 36 $36.15 $1,301.40 DE Design Engineer 16 $31.80 $508.80 Env Environmental PM 10 $39.75 $397.50 AP Aviation Planner 11 $32.09 $352.99 Insp Resident Engineer / Inspector 66 $44.99 $2,969.34 Adm Administrative Assistant 0 $21.98 $0.00 Totals: 220 $10,303.36 Average Rate/Hour $46.83 Labor Cost $10,303.36 ITD Overhead $13,027.57 Fixed Fee $6,999.28 Total Direct Cost:$30,330.21 2. Subconsultant Fees $0.00 Subtotal, Subconsultant Fees:$0.00 3. Reimbursable Expenses Description Number Unit Cost Cost Vehicle Travel (Per Mile)900 $0.56 $504.00 Meals (Per Day)7 $41.25 $288.75 Lodging (Per Day)5 $200.00 $1,000.00 Computer - CADD (Per Hour)5 $5.00 $25.00 Document Reproduction (Lump Sum)1 $440.00 $440.00 Telephone, Fax, Postage, Misc. (Lump Sum)1 $250.00 $250.00 Subtotal, Reimbursable Expenses $2,507.75 SUBTOTAL TOTAL FEE (1+2+3) (for Phases 5-8):$32,837.96 TOTAL PROPOSED ENGINEERING AGREEMENT COST (ALL PHASES):$59,915.12 November 15, 2021 Phases 5-8 Page A-6 DocuSign Envelope ID: 73938736-1A69-4865-8A55-EBEDA8944A60