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HomeMy Public PortalAboutORD15320 BILL NO. 2014-64 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. ) �3 .2-(9 AN ORDINANCE AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF JEFFERSON AND BURNS AND MCDONNELL ENGINEERING COMPANY, INC., FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE RUNWAY 12/30 REHABILITATION, EDGE LIGHTING FOR RUNWAYS 12/30 AND 9/27, AND TAXIWAY B PROJECT AT THE JEFFERSON CITY MEMORIAL AIRPORT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized to execute an agreement with Burns and McDonnell Engineering Company, Inc. for construction services related to the runway 12/30 rehabilitation, edge lighting for runways 12/30 and 9/27, and taxiway B project at the Jefferson City Memorial Airport. Section 2. This agreement shall be substantially the same in form and content as Exhibit A attached hereto. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: D ,i_ Approved: 0 Presiding Officer Mayor �i>" ATTEST: APPROVED AS TO FORM: 1443.7k0' Ain/ Ci y Clerk City Counselor Airport Name: Jefferson City Memorial Project No.: 13-04OB-2 County: Callaway AVIATION PROJECT CONSULTANT AGREEMENT (FEDERAL ASSISTANCE) (Revision 01/01/11) THIS AGREEMENT is entered into by Burns & McDonnell Engineering Company, Inc., (hereinafter the "Consultant"), and the City of Jefferson, (hereinafter the "Sponsor"). WITNESSETH: WHEREAS, the Sponsor has selected the Consultant to perform professional services to accomplish a project at the Jefferson City Memorial Airport. WHEREAS, while neither the Missouri Department of Transportation (MoDOT) nor the Federal Aviation Administration (FAA) is a party to this Agreement, MoDOT and/or FAA land acquisition, environmental, planning, design and construction criteria and other requirements will be utilized unless specifically approved otherwise by MoDOT. WHEREAS, while the Sponsor intends to accomplish a project at the Jefferson City Memorial Airport as listed in Exhibit I of this Agreement, entitled "Project Description", which is attached hereto and made a part of this Agreement. NOW, THEREFORE, in consideration of the payments to be made and the covenants set forth in this Agreement to be performed by the Sponsor, the Consultant hereby agrees that it shall faithfully perform the professional services called for by this Agreement in the manner and under the conditions described in this Agreement. (1) DEFINITIONS: The following definitions apply to these terms, as used in this Agreement: (A) " SPONSOR" means the owner of the airport referenced above. (B) "SPONSOR'S REPRESENTATIVE" means the person or persons designated in paragraph 22(A) of this agreement by the Sponsor to represent the Sponsor in negotiations, communications, and various other contract administration dealings with the Consultant. (C) "MoDOT" means the Missouri Department of Transportation, an executive branch agency of state government, which acts on behalf of the Missouri Highways and Transportation Commission. 1 Rev.01/01/11 (D) "CONSULTANT" means the firm providing professional services to the Sponsor as a party to this Agreement. (E) "CONSULTANT'S REPRESENTATIVE" means the person or persons designated in paragraph 22(B) of this agreement by the Consultant to represent that firm in negotiations, communications, and various other contract administration dealings with the Sponsor. (F) "DELIVERABLES" means all drawings and documents prepared in performance of this Agreement, to be delivered to and become the property of the Sponsor pursuant to the terms and conditions set out in paragraph (12) of this Agreement. (G) "DISADVANTAGED BUSINESS ENTERPRISE (DBE)" means an entity owned and controlled by a socially and economically disadvantaged individual as defined in 49 CFR. Part 26, which is certified as a DBE firm in Missouri by MoDOT. Appropriate businesses owned and controlled by women are included in this definition. (H) "FAA" means the Federal Aviation Administration within the United States Department of Transportation (USDOT), headquartered at Washington, D.C., which acts through its authorized representatives. (1) "INTELLECTUAL PROPERTY" consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design or other proprietary information in any form or medium. (J) "SUBCONSULTANT" means any individual, partnership, corporation, or joint venture to which the Consultant, with the approval of the sponsor, subcontracts any part of the professional services under this Agreement but shall not include those entities which supply only materials or supplies to the Consultant. (K) "SUSPEND" the services means that the services as contemplated herein shall be stopped on a temporary basis. This stoppage will continue until the Sponsor either decides to terminate the project or reactivate the services under the conditions then existing. (L) "TERMINATE", in the context of this Agreement, means the cessation or quitting of this Agreement based upon the action or inaction of the Consultant, or the unilateral cancellation of this Agreement by the Sponsor. (M) "TEA-21" means the federal Transportation Equity Act for the 21St Century. (N) "USDOT" means the United States Department of Transportation, headquartered at Washington, D.C., which acts through its authorized representatives. 2 Rev.01/01/11 (0) "SERVICES" includes all professional engineering and related services and the furnishing of all equipment, supplies, and materials in conjunction with such services as are required to achieve the broad purposes and general objectives of this Agreement. (2) SCOPE OF SERVICES: (A) The services covered by this Agreement shall include furnishing the professional, technical, and other personnel and the equipment, material and all other things necessary to accomplish the proposed project detailed in Exhibit I of this Agreement. (B) The specific services to be provided by the Consultant are set forth on Exhibit II to this Agreement, entitled "Scope of Services," which is attached hereto and made a part of this Agreement. (3) ADDITIONAL SERVICES: The Sponsor reserves the right to direct additional services not described in Exhibit II as changed or unforeseen conditions may require. Such direction by the Sponsor shall not be a breach of this Agreement. In this event, a supplemental agreement will be negotiated and executed prior to the Consultant performing the additional or changed services, or incurring any additional cost therefore. Any changes in the maximum compensation, or time and schedule of completion, will be covered in the supplemental agreement. Supplemental agreements must be approved by MoDOT to ensure additional funding is available. (4) INFORMATION AND SERVICES PROVIDED BY THE SPONSOR: (A) At no cost to the Consultant and in a timely manner, the Sponsor will provide available information of record which is pertinent to this project to the Consultant upon request. In addition, the Sponsor will provide the Consultant with the specific items or services set forth on Exhibit III to this Agreement, entitled "Services Provided by the Sponsor", which is attached hereto and made a part of this Agreement. The Consultant shall be entitled to rely upon the accuracy and completeness of such information, and the Consultant may use such information in performing services under this Agreement. (B) The Consultant shall review the information provided by the Sponsor and will as expeditiously as possible advise the Sponsor of any of that information which the Consultant believes is inaccurate or inadequate or would otherwise have an effect on its design or any of its other activities under this Agreement. In such case, the Consultant shall provide new or verified data or information as necessary to meet the standards required under this Agreement. Any additional work required of the Consultant as the result of inaccurate or inadequate information provided by the Sponsor will be addressed per the provisions of paragraph 3 of this Agreement. 3 Rev.01/01/11 (5) RESPONSIBILITY OF THE CONSULTANT: (A) The Consultant shall comply with applicable local, state and federal laws and regulations governing these services, as published and in effect on the date of this Agreement. The Consultant shall provide the services in accordance with the criteria and requirements established and adopted by the Sponsor as expressly established in this Agreement, consisting of published manuals and policies of MoDOT and FAA which shall be furnished by the Sponsor upon request. (B) Without limiting the foregoing, land acquisition, environmental, planning, design and construction criteria will be in accordance with the information set out in Exhibit II of this Agreement. (C) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of designs, drawings, specifications, and other services furnished under this Agreement. At any time during construction or during any phase of work performed by others based upon data, plans, designs, or specifications provided by the Consultant, the Consultant shall prepare any data, plans, designs, or specifications needed to correct any negligent acts, errors, or omissions of the Consultant or anyone for whom it is legally responsible in failing to comply with the foregoing standard. The services necessary to correct such negligent acts, errors, or omissions shall be performed without additional compensation, even though final payment may have been received by the Consultant. The Consultant shall provide such services as expeditiously as is consistent with professional performance. Acceptance of the services will not relieve the Consultant of the responsibility to correct such negligent acts, errors, or omissions. (D) Completed design reports, plans and specifications, plans/specifications submitted for review by permit authorities, and plans/specifications issued for construction shall be signed, sealed, and dated by a professional engineer registered in the State of Missouri. Incomplete or preliminary plans or other documents, when submitted for review by others, shall not be sealed, but the name of the responsible engineer, along with the engineer's Missouri registration number, shall be indicated on the design report, plans and specifications or included in the transmittal document. In addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor's activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. 4 Rev.01/01/11 (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor's defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor. (6) NO SOLICITATION WARRANTY: The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Sponsor will have the right to terminate this Agreement without liability, or at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee, plus costs of collection including reasonable attorney's fees. (7) DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS: (A) DBE Goal: The following DBE goal has been established for this Agreement. The dollar value of services and related equipment, supplies, and materials used in furtherance thereof which is credited toward this goal will be based on the amount actually paid to DBE firms. The goal for the percentage of services to be awarded to DBE firms is 6.0%of the total Agreement dollar value. (B) Consultant's Certification Regarding DBE Participation: The consultant's signature on this Agreement constitutes the execution of all DBE certifications which are a part of this Agreement. 1. Policy: It is the policy of the U.S. Department of Transportation and the Sponsor that businesses owned by socially and economically disadvantaged individuals (DBE's) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Thus, the requirements of 49 CFR Part 26 and Section 1101(b) of the Transportation Equity Act for the 21 st Century (TEA-21)apply to this Agreement. 2. Obligation of the Consultant to DBE's: The Consultant agrees to assure that DBE's have the maximum opportunity to participate in the 5 Rcv.01/01/11 performance of this Agreement and any subconsultant agreement financed in whole or in part with federal funds. In this regard the Consultant shall take all necessary and reasonable steps to assure that DBE's have the maximum opportunity to compete for and perform services. The Consultant shall not discriminate on the basis of race, color, religion, creed, disability, sex, age, or national origin in the performance of this Agreement or in the award of any subsequent subconsultant agreement. 3. Geographic Area for Solicitation of DBE's: The Consultant shall seek DBE's in the same geographic area in which the solicitation for other subconsultants is made. If the Consultant cannot meet the DBE goal using DBE's from that geographic area, the Consultant shall, as a part of the effort to meet the goal, expand the search to a reasonably wider geographic area. 4. Determination of Participation Toward Meeting the DBE Goal: DBE participation shall be counted toward meeting the goal as follows: A. Once a firm is determined to be a certified DBE, the total dollar value of the subconsultant agreement awarded to that DBE is counted toward the DBE goal set forth above. B. The Consultant may count toward the DBE goal a portion of the total dollar value of a subconsultant agreement with a joint venture eligible under the DBE standards, equal to the percentage of the ownership and control of the DBE partner in the joint venture. C. The Consultant may count toward the DBE goal expenditures to DBE's who perform a commercially useful function in the completion of services required in this Agreement. A DBE is considered to perform a commercially useful function when the DBE is responsible for the execution of a distinct element of the services specified in the Agreement and the carrying out of those responsibilities by actually performing, managing and supervising the services involved and providing the desired product. D. A Consultant may count toward the DBE goal its expenditures to DBE firms consisting of fees or commissions charged for providing a bona fide service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for the performance of this Agreement, provided that the fee or commission is determined by the Sponsor to be reasonable and not excessive as compared with fees customarily allowed for similar services. E. The Consultant is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. 5. Replacement of DBE Subconsultants: The Consultant shall make good faith efforts to replace a DBE Subconsultant, who is unable to perform satisfactorily, with another DBE Subconsultant. Replacement firms must be approved 6 Rev.01/01/11 by the Sponsor and MoDOT. 6. Verification of DBE Participation: Prior to the release of the retained percentage by the Sponsor, the Consultant shall file a list with the Sponsor showing the DBE's used and the services performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage participation established in this Agreement. Failure on the part of the Consultant to achieve the DBE participation specified in this Agreement may result in sanctions being imposed on the Sponsor for noncompliance with 49 CFR Part 26 and/or Section 1101(b) of TEA-21. If the total DBE participation is less than the goal amount stated by the Sponsor, the Sponsor may sustain damages, the exact extent of which would be difficult or impossible to ascertain. Therefore, in order to liquidate such damages, the monetary difference between the amount of the DBE goal dollar amount and the amount actually paid to the DBE's for performing a commercially useful function will be deducted from the Consultant's payments as liquidated damages. If this Agreement is awarded with less than the goal amount stated above by the Sponsor, that lesser amount shall become the goal amount and shall be used to determine liquidated damages. No such deduction will be made when, for reasons beyond the control of the Consultant, the DBE goal amount is not met. 7. Documentation of Good Faith Efforts to Meet the DBE Goal: The Agreement goal established by the Sponsor is stated above in section (7)(A). The Consultant must document the good faith efforts it made to achieve that DBE goal, if the agreed percentage specified in section (7)(13)(8) below is less than the percentage stated in section (7)(A). Good faith efforts to meet this DBE goal amount may include such items as, but are not limited to, the following: A. Attended a meeting scheduled by the Sponsor to inform DBE's of contracting or consulting opportunities. B. Advertised in general circulation trade association and socially and economically disadvantaged business directed media concerning DBE subcontracting opportunities. C. Provided written notices to a reasonable number of specific DBE's that their interest in a subconsultant agreement is solicited in sufficient time to allow the DBE's to participate effectively. D. Followed up on initial solicitations of interest by contacting DBE's to determine with certainty whether the DBE's were interested in subconsulting work for this Agreement. E. Selected portions of the services to be performed by DBE's in order to increase the likelihood of meeting the DBE goal (including, where appropriate, breaking down subconsultant agreements into economically feasible units to facilitate DBE participation). 7 Rev.01/01/11 F. Provided interested DBE's with adequate information about plans, specifications and requirements of this Agreement. G. Negotiated in good faith with interested DBE's, and not rejecting DBE's as unqualified without sound reasons, based on a thorough investigation of their capabilities. H. Made efforts to assist interested DBE's in obtaining any bonding, lines of credit or insurance required by the Sponsor or by the Consultant. I. Made effective use of the services of available disadvantaged business organizations, minority contractors' groups, disadvantaged business assistance offices, and other organizations that provide assistance in the recruitment and placement of DBE firms. 8. DBE Participation Obtained by Consultant: The Consultant has obtained DBE participation, and agrees to use DBE firms to complete 13% of the total services to be performed under this Agreement, by dollar value. The DBE firms which the Consultant shall use, and the type and dollar value of the services each DBE will perform, is as follows: CONTRACT %OF DBE FIRM NAME, STREET AND TYPE OF DBE TOTAL$VALUE $AMOUNT SUBCONTRACT COMPLETE MAILING SERVICE OF THE DBE TO APPLY $VALUE ADDDRESS SUBCONTRACT TO TOTAL APPLICABLE TO DBE GOAL TOTAL GOAL Taliaferro & Browne Construction $99,478. $99,478. 13% 1020 East 8th Street Observation Kansas City, Missouri 64106 9. Good Faith Efforts to Obtain DBE Participation: If the Consultant's agreed DBE goal amount as specified in section (7)(13)(8) is less than the Sponsor's DBE goal given in section (7)(A), then the Consultant certifies that the following good faith efforts were taken by Consultant in an attempt to obtain the level of DBE participation set by the Sponsor in section (7)(A): N/A. (8) SUBCONSULTANTS: (A) The Consultant agrees that except for those firms and for those services listed below, there shall be no transfer of engineering services performed under this Agreement without the written consent of the Sponsor. Subletting, assignment, or transfer of the services or any part thereof to any other corporation, partnership, or individual is expressly prohibited. Any violation of this clause will be deemed cause for termination of this Agreement. EXCEPTIONS (subconsultant information): 8 Rev.01/01/11 FIRM NAME COMPLETE ADDRESS NATURE OF SERVICES Terracon Consultant, Inc. 3601 Mojave Court, Suite A Material Testing Columbia, Missouri 65202 Archer-Elgin Surveying 310 East 6th Street Topographical Surveys Rolla, Missouri 65401 (B) The Consultant agrees, and shall require the selected subconsultants, to maintain books, documents, papers, accounting records, and other evidence pertaining to direct costs and expenses incurred under the Agreement and to make such materials available at their offices at reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement, for inspection by the Sponsor or any authorized representative of MoDOT or the federal government, and copies thereof shall be furnished. (C) Unless waived or modified by the Sponsor, the Consultant agrees to require, and shall provide evidence to the Sponsor, that those subconsultants shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance, for not less than the period of services under such subconsultant agreements, and in not less than the following amounts: 1. Commercial General Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 2. Automobile Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and 4. Professional ("Errors and Omissions") Liability: $1,000,000, each claim and in the annual aggregate. (D) The subletting of the services will in no way relieve the Consultant of its primary responsibility for the quality and performance of the services to be performed hereunder and the Consultant shall assume full liability for the services performed by its subconsultants. (E) The payment for the services of any subconsultants will be reimbursed at cost by the Sponsor in accordance with the submitted invoices for such services, as set forth in paragraph (9), entitled "Fees and Payments". (F) The Consultant agrees to furnish a list of any MoDOT approved DBE subconsultants under this Agreement upon the request of the Sponsor. Further, the Consultant agrees to report to the Sponsor on a monthly basis the actual payments made by the Consultant to such DBE subconsultants. (G) The Consultant agrees that any agreement between the Consultant 9 Rev.01/01/11 and any subconsultant shall be an actual cost plus fixed fee agreement if the amount of the agreement between the Consultant and subconsultant exceeds $25,000. Subconsultant agreements for amounts of $25,000 or less may be lump sum or actual cost plus fixed fee as directed by the Sponsor. (9) FEES AND PAYMENTS: (A) The Consultant shall not proceed with the services described herein until the Consultant receives written authorization in the form of a Notice to Proceed from the Sponsor. (B) The amount to be paid to the Consultant by the Sponsor as full remuneration for the performance of all services called for in this Agreement will be on the following basis, except that the lump sum fee for labor, overhead and profit plus other costs will not exceed a maximum amount payable of$724,793, which is shown in Exhibit IV, "Derivation of Consultant Project Costs", and Exhibit V, "Engineering Basic and Special Services-Cost Breakdown" attached hereto and made a part of this Agreement. Payment under the provisions of this Agreement is limited to those costs incurred in accordance with generally accepted accounting principles; to the extent they are considered necessary to the execution of the item of service. (C) The Consultant's fee shall include the hourly salary of each associate and employee, salary-related expenses, general overhead, and direct non- salary costs as allowed by 48 CFR Part 31, the Federal Acquisition Regulations (FAR), and 23 CFR 172, Administration of Engineering and Design Related Service Contracts. The hourly salary of each associate and employee is defined as the actual productive salaries expended to perform the services. The other billable costs for the project are defined as follows: 1. Salary-related expenses are additions to payroll cost for holidays, sick leave, vacation, group insurance, worker's compensation insurance, social security taxes (FICA), unemployment insurance, disability taxes, retirement benefits, and other related items. 2. General overhead cost additions are for administrative salaries (including non-productive salaries of associates and employees), equipment rental and maintenance, office rent and utilities, office maintenance, office supplies, insurance, taxes, professional development expenses, legal and audit fees, professional dues and licenses, use of electronic computer for accounting, and other related items. 3. Direct non-salary costs incurred in fulfilling the terms of this Agreement, such as but not limited to travel and subsistence, subcontract services, reproductions, computer charges, materials and supplies, and other related items, will be charged at actual cost without any override or additives. 4. The additions to productive salaries for Items 9(C) 1 and 2 will be established based on the latest audit. 10 Rev.01/01/11 5. The Consultant shall provide a detailed manhour/cost breakdown for each phase of the project indicating each job classification with base wage rates and the number of hours associated with each phase. The breakdown shall include work activities and be in sufficient detail to reflect the level of effort involved. This information shall be attached hereto and made a part of this Agreement as Exhibit V "Engineering Basic and Special Services-Cost Breakdown". 6. The Consultant shall provide a detailed breakdown of all subconsultant fees, including overhead and profit. 7. The Consultant shall provide a detailed breakdown of all travel expense, living expense, reproduction expense and any other expense that may be incurred throughout the project. These expenses must be project specific and not covered in or by an overhead rate. 8. The property and equipment used on this project such as automotive vehicles, survey equipment, office equipment, etc., shall be owned, rented, or leased by the Consultant, and charges will be made to the project for the use of such property at the rate established by company policies and practices. Approval of the Sponsor and MoDOT will be required prior to acquisition of reimbursable special equipment. (D) The Consultant shall submit an invoice for services rendered to the Sponsor not more than once every month. A progress summary indicating the current status of the services shall be submitted along with each invoice. Upon receipt of the invoice and progress summary, the Sponsor will, as soon as practical, but not later than 45 days therefrom, pay the Consultant for the services rendered, to the extent of ninety- eight percent (98%) of the amount of the lump sum fee earned plus direct costs as reflected by the estimate of the portion of the services completed as shown by the progress summary, less partial payments previously made. A late payment charge of one and one half percent (1.5%) per month shall be assessed for those invoiced amounts not paid, through no fault of the Consultant, within 45 days after the Sponsor's receipt of the Consultant's invoice. The Sponsor will not be liable for the late payment charge on any invoice which requests payment for costs which exceed the proportion of the maximum amount payable earned as reflected by the estimate of the portion of the services completed, as shown by the progress summary. Two percent (2%) of the amount earned will be retained by the Sponsor until the design services as covered by the Agreement are completed by the Consultant and approved by the Sponsor and MoDOT. The payment will be subject to final audit of actual expenses during the period of the Agreement. Upon completion and acceptance of the services required by paragraph (2), "Scope of Services," the two percent (2%) retainage will be paid to the Consultant. In the alternative to withholding the two percent (2%) retainage as set forth above, the Sponsor may accept a letter of credit or the establishment of an escrow account, in the amount of said two percent (2%) retainage and upon such other terms and conditions as may be acceptable to the Sponsor and the Consultant. If a letter of credit or escrow account is not acceptable to the Sponsor, then the two percent (2%) 11 Rev.01/01/11 retainage will control. (10) PERIOD OF SERVICE: (A) The services, and if more than one then each phase thereof, shall be completed in accordance with the schedule contained in Exhibit VI, "Performance Schedule," attached hereto and made a part of this Agreement. The Consultant and the Sponsor will be required to meet this schedule. (B) The Sponsor will grant time extensions for delays due to unforeseeable causes beyond the control of and without fault or negligence of the Consultant. Requests for extensions of time shall be made in writing by the Consultant, before that phase of work is scheduled to be completed, stating fully the events giving rise to the request and justification for the time extension requested. Such extension of time shall be the sole allowable compensation for all such delays. The Consultant may also receive an equitable adjustment in the maximum amount payable, provided the consultant can document the additional cost resulting from the delay. Any extensions or additional costs shall be subject to MoDOT approval. (C) The Consultant and Sponsor agree that time is of the essence, and the Consultant and Sponsor will be required to meet the schedules in this Agreement. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the Consultant, no claim for damage shall be made by either party. The anticipated date of completion of the work, including review time, is stated in Exhibit VI of this Agreement. An extension of time shall be the sole allowable compensation for any such delays. The Consultant may also receive an equitable adjustment in the maximum amount payable, provided the consultant can document the additional cost resulting from the delay. Any extensions or additional costs shall be subject to MoDOT approval. (D) As used in this provision, the term "delays due to unforeseeable causes" includes the following: 1. War or acts of war, declared or undeclared; 2. Flooding, earthquake, or other major natural disaster preventing the Consultant from performing necessary services at the project site, or in the Consultant's offices, at the time such services must be performed; 3. The discovery on the project of differing site conditions, hazardous substances, or other conditions which, in the sole judgment of the Sponsor, justifies a suspension of the services or necessitates modifications of the project design or plans by the Consultant; 4. Court proceedings; 5. Changes in services or extra services. 12 Rev.01/01/11 (11) SUSPENSION OR TERMINATION OF AGREEMENT: (A) The Sponsor may, without being in breach hereof, suspend or terminate the Consultant's services under this Agreement, or any part of them, for cause or for the convenience of the Sponsor, upon giving to the Consultant at least fifteen (15) days' prior written notice of the effective date thereof. The Consultant shall not accelerate performance of services during the fifteen (15) day period without the express written request of the Sponsor. (B) Should the Agreement be suspended or terminated for the convenience of the Sponsor, the Sponsor will pay to the Consultant its costs as set forth in paragraph (9)(B), including a proportional amount of the lump sum fee based upon an estimated percentage of Agreement completion prior to such suspension or termination, direct costs as defined in this Agreement for services performed by the Consultant plus reasonable costs incurred by the Consultant in suspending or terminating the services. The payment will make no other allowances for damages or anticipated fees or profits. In the event of a suspension of the services, the Consultant's compensation and schedule for performance of services hereunder shall be equitably adjusted upon resumption of performance of the services. (C) The Consultant shall remain liable to the Sponsor for any claims or damages occasioned by any failure, default, or negligent errors and/or omission in carrying out the provisions of this Agreement during its life, including those giving rise to a termination for non-performance or breach by Consultant. This liability shall survive and shall not be waived, or estopped by final payment under this Agreement. (D) The Consultant shall not be liable for any errors or omissions contained in deliverables which are incomplete as a result of a suspension or termination where the Consultant is deprived of the opportunity to complete the Consultant's services. (E) Upon the occurrence of any of the following events, the Consultant may suspend performance hereunder by giving the Sponsor 30 days advance written notice and may continue such suspension until the condition is satisfactorily remedied by the Sponsor. In the event the condition is not remedied within 120 days of the Consultant's original notice, the Consultant may terminate this agreement. 1. Receipt of written notice from the Sponsor that funds are no longer available to continue performance. 2. The Sponsor's persistent failure to make payment to the Consultant in a timely manner. 3. Any material contract breach by the Sponsor. (12) OWNERSHIP OF DRAWINGS AND DOCUMENTS: 13 Rev.01/01/11 (A) All drawings and documents prepared in performance of this Agreement shall be delivered to and become the property of the Sponsor upon suspension, abandonment, cancellation, termination, or completion of the Consultant's services hereunder; provided, however, 1. The Consultant shall have the right to their future use with written permission of the Sponsor; 2. The Consultant shall retain its rights in its standard drawing details, designs, specifications, CADD files, databases, computer software, and any other proprietary property; and 3. The Consultant shall retain its rights to intellectual property developed, utilized, or modified in the performance of the services subject to the following: A. Copyrights. Sponsor, as the contracting agency, reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Governmental purposes: I. The copyright in any works developed under this agreement, or under a subgrant or contract under this agreement; and II. Any rights of copyright to which Sponsor, its consultant or subconsultant purchases ownership with payments provided by this agreement. B. Patents. Rights to inventions made under this agreement shall be determined in accordance with 37 C.F.R. Part 401. The standard patent rights clause at 37 C.F.R. § 401.14, as modified below, is hereby incorporated by reference. I. The terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from paragraph (g)(1) of the clause; 11. Paragraphs(g)(2) and (g)(3) of the clause shall be deleted; and III. Paragraph (1) of the clause, entitled "communications" shall read as follows: "(1) Communications. All notifications required by this clause shall be submitted to the Sponsor". IV. The following terms in 37 C.F.R. 401.14 shall for the purpose of this Agreement have the following meaning: 14 Rev.01/01/11 Contractor- Consultant Government and Federal Agency- Sponsor Subcontractor- Subconsultant 4. Basic survey notes, design computations, and other data prepared under this Agreement shall be made available for use by the Sponsor without further compensation and without restriction or limitation on their use. (B). Electronically Produced Documents: 1. Electronically produced documents will be submitted to the Sponsor in data files compatible with AutoCADD 2004 or current version (specify CADD version). The Consultant makes no warranty as to the compatibility of the data files beyond the above specified release or version of the stated software. 2. Because data stored on electronic media can deteriorate undetected or be modified without the Consultant's knowledge, the electronic data files submitted to the Sponsor will have an acceptance period of 60 days after receipt by the Sponsor. If during that period the Sponsor finds any errors or omissions in the files, the Consultant will correct the errors or omissions as a part of this Agreement. The Consultant will not be responsible for maintaining copies of the submitted electronic data files after the acceptance period. 3. Any changes requested after the acceptance period will be considered additional services for which the Consultant shall be reimbursed at the hourly rates established herein plus the cost of materials. 4. The data on the electronic media shall not be considered the Consultant's instrument of service. Only the submitted hard copy documents with the Consultant Engineer's seal on them will be considered the instrument of service. The Consultant's nameplate shall be removed from all electronic media provided to the Sponsor. (C) The Sponsor may incorporate any portion of the deliverables into a project other than that for which they were performed, without further compensation to the Consultant; provided however, that (1) such deliverables shall thereupon be deemed to be the work product of the Sponsor and the Sponsor shall use same at its sole risk and expense; and (2) the Sponsor shall remove the Consultant's name, seal, endorsement, and all other indices of authorship from the deliverables. 15 Rev.01/01/11 (13) DECISIONS UNDER THIS AGREEMENT AND DISPUTES: (A) The Sponsor will determine the acceptability of the drawings, specifications, and estimates and all other deliverables to be furnished, and will decide the questions that may arise relative to the proper performance of this Agreement. The determination of acceptable deliverables may occur following final payment, and as late as during the construction of the project which decisions shall be conclusive, binding and incontestable, if not arbitrary, capricious or the result of fraud. (B) The Sponsor will decide all questions which may arise as to the quality, quantity, and acceptability of services performed by Consultant and as to the rate of progress of the services; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the Agreement on the part of the Consultant; the proper compensation for performance or breach of the Agreement; and all claims of any character whatsoever in connection with or growing out of the services of the Consultant, whether claims under this Agreement or otherwise. The Sponsor's decisions shall be conclusive, binding and incontestable if not arbitrary, capricious or the result of fraud. (C) If the Consultant has a claim for payment against the Sponsor which in any way arises out of the provisions of this Agreement or the performance or non-performance hereunder, written notice of such claim must be made in triplicate within sixty (60) days of the Consultant's receipt of payment for the retained percentage. Notwithstanding paragraph 22 of this Agreement, the notice of claim shall be personally delivered or sent by certified mail to the Sponsor. The notice of claim shall contain an itemized statement showing completely and fully the items and amounts forming the basis of the claim and the factual and legal basis of the claim. (D) Any claim for payment or an item of any such claim not included in the notice of claim and itemized statement, or any such claim not filed within the time provided by this provision shall be forever waived, and shall neither constitute the basis of nor be included in any legal action, counterclaim, set-off, or arbitration against the Sponsor. (E) The claims procedure in paragraphs 13 (C) and (D) do not apply to any claims of the Sponsor against the Consultant. Further, any claims of the Sponsor against the Consultant under this Agreement are not waived or estopped by the claims procedure in paragraphs 13 (C)and (D). (F) Not withstanding paragraphs (A) through (E) above, in the event of any material dispute hereunder, both parties agree to pursue, diligently and in good faith, a mutually acceptable resolution. (14) SUCCESSORS AND ASSIGNS: The Sponsor and the Consultant agree that this Agreement and all agreements entered into under the provisions of this Agreement shall be binding upon the parties hereto and their successors and assigns. 16 Rev.01/01/11 (15) INDEMNIFICATION RESPONSIBILITY: (A) The Consultant agrees to save harmless the Sponsor, MoDOT and the FAA from all liability, losses, damages, and judgments for bodily injury, including death, and property damage to the extent due to the Consultant's negligent acts, errors, or omissions in the services performed or to be performed under this Agreement, including those negligent acts, errors, or omissions of the Consultant's employees, agents, and subconsultants. (B) The Consultant shall be responsible for the direct damages incurred by the Sponsor as result of the negligent acts, errors, or omissions of the Consultant or anyone for whom the Consultant is legally responsible, and for any losses or costs to repair or remedy construction as a result of such negligent acts, errors or omissions; provided, however, the Consultant shall not be liable to the Sponsor for such losses, costs, repairs and/or remedies which constitute betterment of or an addition of value to the construction or the project. (C) Neither the Sponsor's review, approval or acceptance of, or payment for, any services required under this Agreement, nor the termination of this Agreement prior to its completion, will be construed to operate as a waiver of any right under this Agreement or any cause of action arising out of the performance of this Agreement. This indemnification responsibility survives the completion of this Agreement, as well as the construction of the project at some later date, and remains as long as the construction contractor may file or has pending a claim or lawsuit against the Sponsor on this project arising out of the Consultant's services hereunder. (16) INSURANCE: (A) The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant and its employees, agents, and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. (B) The Consultant shall also maintain professional liability insurance to protect the Consultant against the negligent acts, errors, or omissions of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. (C) The Consultant's insurance coverages shall be for not less than the following limits of liability: 1. Commercial General Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 17 Rcv.01/01/11 2. Automobile Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and 4. Professional ("Errors and Omissions") Liability: $1,000,000.00, each claim and in the annual aggregate. (D) The Consultant shall, upon request at any time, provide the Sponsor with certificates of insurance evidencing the Consultant's commercial general or professional liability ("Errors and Omissions") policies and evidencing that they and all other required insurance is in effect, as to the services under this Agreement. (E) Any insurance policy required as specified in paragraph No. (16) shall be written by a company which is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. (17) CONSTRUCTION PHASE OF THE PROJECT: (A) This Agreement is for construction phase services. (B) Because the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the construction contractor(s)' methods of determining prices, or over competitive bidding or market conditions, any of the Consultant's opinions of probable project costs and/or construction cost, if provided for herein, are to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified design professional, familiar with the construction industry, but the Consultant cannot and does not guarantee that proposals, bids, or actual total project costs and/or construction costs will not vary from opinions of probable costs prepared by the Consultant. (C) The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the construction work, since these are solely the construction contractor(s)' responsibility under the construction contract(s). The Consultant shall not be responsible for the construction contractor(s)' schedules or failure to carry out the construction work in accordance with the construction contract(s). The Consultant shall not have control over or charge of acts of omissions of the construction contractor(s), or any of its or their subcontractors, agents, or employees, or of any other persons performing portions of the construction work. (18) NONDISCRIMINATION ASSURANCE: With regard to services under this Agreement, the Consultant agrees as follows: 18 Rev.01/01/II (A) Civil Rights Statutes: The Consultant shall comply with all state and federal statutes related to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, 2000e), as well as with any applicable titles of the Americans With Disabilities Act (42 U.S.C. 12101, et seq.). In addition, if the Consultant is providing services or operating programs on behalf of the Sponsor or MoDOT, the Consultant shall comply with all applicable provisions of Title II of the Americans With Disabilities Act. (B) Executive Order: The Consultant shall comply with all provisions of Executive Order 94-03, issued by the Honorable Mel Carnahan, Governor, on January 14, 1994, promulgating a code of fair practices in regard to nondiscrimination, which executive order is incorporated herein by reference and made a part of this Agreement. This Executive Order 94-03 prohibits discriminatory employment practices by the Consultant or its subconsultants based upon race, color, religion, creed, national origin, sex, disability, veteran status, or age. (C) Administrative Rules: The Consultant shall comply with the USDOT rules relative to nondiscrimination in federally assisted programs of the USDOT (49 CFR Subtitle A, Part 21) which rules are incorporated herein by reference and made a part of this Agreement. (D) Nondiscrimination: The Consultant shall not discriminate on the grounds of race, color, religion, creed, sex, disability, national origin, age, or ancestry of any individual in the selection and retention of subconsultants, including the procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5, including in its employment practices. (E) The Solicitation for Subcontracts, Including the Procurements of Material and Equipment: These assurances which concern nondiscrimination also apply to the subconsultants and suppliers of the Consultant. In all solicitations either by competitive bidding or negotiation made by the Consultant for services to be performed under a subcontract (including procurement of materials or equipment), each potential subconsultant or supplier shall be notified by the Consultant of the requirements of this Agreement relative to nondiscrimination on the grounds of the race, color, religion, creed, sex, disability, national origin, age, or ancestry of any individual. (F) Information and Reports: The Consultant shall provide all information and reports required by this Agreement, or orders and instructions 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 USDOT to be necessary to ascertain compliance with other contracts, orders, and instructions. Where any information which is required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Sponsor or the USDOT as appropriate, and shall set forth what efforts the Consultant has made to obtain the information. 19 Rev.01/01/11 (G) Sanctions for Noncompliance: In the event the Consultant fails to comply with the nondiscrimination provisions of this Agreement, the Sponsor shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments to the Consultant under this Agreement until the Consultant and its subconsultant(s) comply; or 2. The cancellation, termination, or suspension of this Agreement, in whole or in part; or both. (H) Incorporation of Provision: The Consultant shall include these nondiscrimination provisions in every subcontract it makes relating to this project, including the procurement of materials and lease of equipment, unless exempted by federal law, or USDOT regulations or instructions. The Consultant shall take such action with respect to any subcontract or procurement as the Sponsor or MoDOT may direct as a means of enforcing these provisions, including sanctions for noncompliance; provided that in the event the Consultant becomes involved or is threatened with litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The Consultant shall take the acts which may be required to fully inform itself of the terms of, and to comply with, said state and federal laws. (19) AVIATION FEDERAL AND STATE CLAUSES: (A) Airport and Airway Improvement Act of 1982, Section 520 General Civil Rights Provisions, (Version I, 1/5/90): The Consultant assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the consultant or its transferee for the period during which Federal assistance is extended to the airport aid program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport commission or any provision of similar services or benefits or (b) the period during which the airport commission or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. (B) Rights to Inventions -49 CFR Part 18, (Version I, 1/5/90): All rights to inventions and materials generated under this contract are subject to 20 Rev.01/01/11 regulations issued by the FAA and the Sponsor of the Federal Grant under which this contract is executed. Information regarding these rights is available from the Sponsor or the FAA. (C) Breach of Contract Terms Sanctions - 49 CFR Part 18, (Version I, 1/5/90): Any violation or breach of the terms of this contract on the part of the Consultant or Subcontractor/Subconsultant may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. (D) Trade Restrictions Clause -49 CFR Part 30, (Version I, 1/5/90): 1. The Consultant or subconsultant, by submission of an offer and/or execution of a contract, certifies that it: A. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade representatives (USTR). B. has not knowingly entered into any contract or subcontract for this project with a Consultant that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals or foreign country on said list. C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. 2. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Consultant or subconsultant who is unable to certify to the above. If the consultant knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the FAA may direct, through the Sponsor, cancellation or the agreement at no cost to the Sponsor, MoDOT or the Federal Government. 3. Further, the Consultant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Consultant may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. 4. The Consultant shall provide immediate written notice to the Sponsor if the Consultant learns that its certification or that of a Subconsultant was erroneous when submitted or has become erroneous by reason of changed 21 Rev.01/01/11 circumstance. The subcontractor/subconsultant agrees to provide immediate written notice to the Consultant, if at any time it learns its certification was erroneous by reason of changed circumstances. 5. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Consultant or subconsultant knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Agreement or subcontract for default at no cost to the Sponsor or the Federal Government. 6. 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 Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 7. This certification concerns a matter within the jurisdiction an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. (E) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, (Version I, 115/90): The consultant certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. (F) Energy Policy and Conservation Act: The consultant shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act(P.L. 94-163). (20) ACTIONS: No action may be brought by either party hereto concerning any matter, thing, or dispute arising out of or relating to the terms, performance, non- performance, or otherwise of this Agreement except in the Circuit Court of C County, Missouri. The parties agree that this Agreement is entered into at City of Jefferson, Missouri and substantial elements of its performance will take place or be delivered at the City of Jefferson, Missouri, by reason of which the Consultant consents to venue of any action against it in Callaway County, Missouri. The Consultant shall cause this provision to be incorporated into all of its agreements with, and to be binding upon, all subconsultants of the Consultant in the performance of this Agreement. 22 Rev.01/01/11 (21) AUDIT OF RECORDS: For purpose of an audit, the Consultant shall maintain all those records relating to direct costs and expenses incurred under this Agreement, including but not limited to invoices, payrolls, bills, receipts, etc. These records must be available at all reasonable times to the Sponsor, MoDOT and the FAA or their designees and representatives, at the Consultant's offices, at no charge, during the Agreement period and any extension thereof, and for the three (3) year period following the date of final payment made under this Agreement. If the Sponsor has notice of a potential claim against the Consultant and/or the Sponsor based on the Consultant's services under this Agreement, the Consultant, upon written request of the Sponsor, shall retain and preserve its records until the Sponsor has advised the Consultant in writing that the disputed claim is resolved. (22) NOTICE TO THE PARTIES: All notices or communications required by this Agreement shall be made in writing, and shall be effective upon receipt by the Sponsor or the Consultant at their respective addresses of record. Letters or other documents which are prepared in 8.5 x 11 inch format may be delivered by telefax, provided that an original is received at the same address as that to which that telefax message was sent, within three (3) business days of the telefax transmission. Either party may change its address of record by written notice to the other party. (A) Notice to the Sponsor: Notices to the Sponsor shall be addressed and delivered to the following Sponsor's representative, who is hereby designated by the Sponsor as its primary authorized representative for administration, interpretation, review, and enforcement of this Agreement and the services of the Consultant hereunder: NAME AND TITLRESE TATIVESPONSOR' S Britt E. Smith, P.E., Operations Division Director REPRESENTATIVE p Department of Public Works SPONSOR'S NAME City of Jefferson, Missouri SPONSOR'S ADDRESS 320 East McCarty Street Jefferson City, Missouri 65101 PHONE 573-634-6450 FAX E-MAIL ADDRESS BSmith@jeffcitymo.org The Sponsor reserves the right to substitute another person for the individual named at any time, and to designate one or more other representatives to have authority to act upon its behalf generally or in limited capacities, as the Sponsor may now or hereafter deem appropriate. Such substitution or designations shall be made by the Sponsor in a written notice to the Consultant. (B) Notice to the Consultant: Notices to Consultant shall be addressed and delivered to Consultant's representative, as follows: 23 Rev.01/01/11 NAME AND TITLE CONSULTANTS REPRESENTATIVE David G. Hadel, P.E., Director of Aviation Services CONSULTANTS NAME Burns & McDonnell Engineering Company, Inc. CONSULTANT'S ADDRESS 9400 Ward Parkway Kansas City, Missouri 64114 PHONE 816-822-3378 FAX 816-822-3321 E-MAIL ADDRESS dhadel@burnsmcd.com The Consultant reserves the right to substitute another person for the individual named at any time, and to designate one or more other representatives to have authority to act upon its behalf generally or in limited capacities, as the Consultant may now or hereafter deem appropriate. Such substitutions or designations shall be made by the Consultant's president or chief executive officer in a written notice to the Sponsor. (23) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Consultant shall comply with all local, state, and federal laws and regulations which govern the performance of this Agreement. (24) CONFIDENTIALITY: The Consultant agrees that the Consultant's services under this Agreement is a confidential matter between the Consultant and the Sponsor. The Consultant shall not disclose any aspect of the Consultant's services under this Agreement to any other person, corporation, governmental entity, or news media, excepting only to such employees, subconsultants, and agents as may be necessary to allow them to perform services for the Consultant in the furtherance of this Agreement, without the prior approval of the Sponsor; provided, however, that any confidentiality and non-disclosure requirements set out herein shall not apply to any of the Consultant's services or to any information which (1) is already in the public domain or is already in the Consultant's possession at the time the Consultant performs the services or comes into possession of the information, (2) is received from a third party without any confidentiality obligations, or(3) is required to be disclosed by governmental or judicial order. Any disclosure pursuant to a request to the Sponsor under Chapter 610, RSMo, shall not constitute a breach of this Agreement. The content and extent of any authorized disclosure shall be coordinated fully with and under the direction of the Sponsor, in advance. (25) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Sponsor and the Consultant. 24 Rev.01/01/11 (26) SEVERABILITY AND SURVIVAL: (A) Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Sponsor and the Consultant. (B) All express representations, indemnifications, or limitations of liability made or given in this Agreement will survive the completion of all services by the Consultant under this Agreement or the termination of this Agreement for any reason. (27) PAYMENT BOND: Deleted. (28) CERTIFICATION ON LOBBYING: Since federal funds are being used for this agreement, the consultants signature on this agreement constitutes the execution of all certifications on lobbying which are required by 49 CFR Part 20 including Appendix A and B to Part 20. Consultant agrees to abide by all certification or disclosure requirements in 49 CFR Part 20 which are incorporated herein by reference. (29) ATTACHMENTS: The following Exhibits and other documents are attached to and made a part of this Agreement: (A) Exhibit I: Project Description. (B) Exhibit II: Scope of Services. (C) Exhibit IIA: Current FAA Advisory Circulars, Standards, Guidance and MoDOT Standards (D) Exhibit III: Services Provided by the Sponsor. (E) Exhibit IV: Derivation of Consultant Project Costs. (F) Exhibit V: Engineering Basic and Special Services - Cost Breakdown. (G) Exhibit VI: Performance Schedule 25 Rev.01/01/11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officials. Executed by the Consultant the 2nd day of September, 2014. Executed by the Sponsor the—�— day of C L' 20 Sponsor: Consultant: City of Jefferson Burns & McDonnell Engineering Company, Inc. By: By: i � . Sa.,,a✓.P. ��: Sig a re V Signature 10- 13- 141 David G. Yeamans Title: Mayor Title: President ATTEST: i By: By: , Signature Signature David G. Hadel, P.E. Title: Title: Director of Aviation Services A['PROV' ST/OFAORM/v: ci owisdur 26 Rev.01/01/11 EXHIBIT I PROJECT DESCRIPTION 1. Provide Construction Phase Services for the Runway 12-30 & Taxiway B Rehabilitation Project at the Jefferson City Memorial Airport. Exhibit I-1 EXHIBIT II SCOPE OF CONSTRUCTION PHASE SERVICES The Consultant, in consideration of the payment on the part of the Sponsor, agrees to perform the engineering services enumerated as follows: 1. Construction Phase Services Assumptions: The following assumptions have been established for construction phase services: a. The project duration as identified in the Contract Documents indicates the Based Bid project will be completed in four phases and within 212 calendar days. It is understood that Bid Alternate 2 — Runway 12-30 Skid Resistance Surface Grooving is included into the project. The duration of this task will be an additional 5 calendar days. As a result, the total duration of the project will be 217 calendar days. b. The city of Jefferson will provide the Engineer an office for the use by the Resident Representative for the duration of the project. There will be no fee associated with this office space. 2. Construction Administration Services—Office Staff: a. Develop a Construction Observation Program, (COP). This document will outline the general responsibilities of the SPONSOR, the Missouri Department of Transportation (MoDOT), the Federal Aviation Administration (FAA), CONSULTANT and Construction Contractor. The document will be developed in accordance to MoDOT Aviation Section requirements. As a minimum, the COP will include the following items: (1) Name of the person representing the SPONSOR who has overall responsibility of contract administration for the project and the authority to take necessary actions to comply with the contract. (2) Names of testing laboratories and a certificate of accreditation, indicating proficiency in specific test standards. (3) Names of other engineering firms with quality assurance responsibilities for the project including a description of the services to be provided by each firm. (4) Listing of qualifications for the CONSULTANT's management team including; Project Manager, site observers, laboratory personnel, and testing personnel. (5) Listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. (6) Procedures for confirming that: (a) Tests are taken in accordance with the approved construction observation program. (b) Tests are documented properly. (c) Corrective actions/retesting are taken for failed tests. Exhibit II -1 (d) Mix designs meet project specifications and CONSULTANT's approval is properly documented. (e) Quality and quantity of materials meet project requirements. b. Attend one (1) preconstruction meeting with the Contractor, SPONSOR and MoDOT to determine detailed project requirements, budget, schedule, phasing and other pertinent matters. This meeting will be attended by the CONSULTANT's Project Manager, and Construction Services Team. Meeting minutes will be prepared by the CONSULTANT and distributed to the contact for each attending company. c. Perform shop drawing reviews and material certifications as received from the Contractor. The CONSULTANT estimates 28 original shop drawings will be reviewed. It is assumed 25% of the initial submittals will need to be resubmitted by the contractor and re-reviewed by the CONSULTANT. It is assume 4-hours per review including administrative processing. As a result, 35 shop drawings will be reviewed at 3-hours per submittal for a total of 135 hours. d. Prepare and provide four copies of the Construction Plans and Project Manual for use by the Contractor during construction. e. Respond to field issues throughout the duration of the project (217 calendar days —approximately 31 weeks). It is assumed this effort will require 10 hours per week for 31 weeks equating to 317 hours. f. Coordinate and review monthly pay estimates and weekly progress reports (field diaries, weather reports, DBE reports, labor report and equipment reports)as received from the Resident Representative. g. Coordinate and prepare change orders and supplement agreements for the duration of the project. This effort assumes 5 of these efforts at 10 hours per effort for a total of 50 hours. h. Coordinate and review weekly test reports. i. Project Management: Consultant will provide project management for all phases of construction services throughout the duration of the project. This effort is assume to require 5 hours per week for a project duration of 35 weeks for a not to exceed total of 175 hours. j. Procure and prepare construction services contracts for DBE participation consultant, material testing laboratory and surveyor. 3. Basic Services— Phase 1: Runway 12-30: a. Provide a Senior Resident Representative on site for 108 working days for 10 hours per day or for a not to exceed duration of 1,080 hours. Exhibit II -2 b. Provide a part-time Assistant Resident Representative on site for 76 working days for 10 hours per day or for a not to exceed duration of 608 hours. c. Perform periodic site visits from the design team members for the following activities: (1)Trip No. 1: General Site Visit. This trip will be taken for the purposes of attending the regularly scheduled weekly meeting and to observe the activities and progress of the project. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (2)Trip No. 2: Observe Condition of Existing Concrete. Once the milling operation is completed over the limits of the project scheduled for the placement of an unbonded overlay, it will be necessary to assess the condition of the existing pavement and locate those areas where isolated remediation may be needed prior to the placement of the bond breaking material. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (3)Trip No. 3: Aggregate Base Course Placement: This trip will be used to observe and assist the Resident Representative on the first day of aggregate base course placement. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (4) Trip No. 4: Concrete Placement. This trip will be used to observe and assist the Resident Representative on the first day of concrete placement within the vicinity of the Runway 12 and/or 30 thresholds. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (5)Trip No. 5: General Site Visit. This trip will be taken for the purposes of attending the regularly scheduled weekly meeting and to observe the activities and progress of the project. Duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (6)Trip No. 6: Concrete Placement. This trip will be used to observe and assist the Resident Representative on the first day of concrete placement within the vicinity of the unbonded overlay section of Runway Exhibit II -3 12-30. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12 (7) Trip No. 7: Airfield Lighting Installation. This trip will be used to observe the installation of the airfield lighting system. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (8)Trip No. 8: General Site Visit. This trip will be taken for the purposes of attending the regularly scheduled weekly meeting and to observe the activities and progress of the project. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (9)Trip No. 9: Prefinal Punch List for Phase 1: The Consultant will prepare the pre-final project punch list. This trip will be performed by the team's project civil engineer and project electrical engineer. The duration of this trip will be 8 hours per each team member. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 24. 4. Basic Services— Phase 2: Intersection of Runways 12-30 and 9-27: This work is separated into two sub phases, (Phase 2A and 213). Phase 2A is to be completed by the in 12 Calendar days. Phase 2B is to be completed in 14 calendar days. Based on the contractor documents, it is assumed the Contractor will be required to work continuously in Phase 2A for the duration of the 12 calendar days. As a result, the Consultant's team will include construction observation services for the duration of that effort. In consideration of these assumptions the following tasks are anticipated: a. Provide a Senior Resident Representative on site for 26 working days for 8 hours per day or for a not to exceed duration of 208 hours. b. Provide a part-time Assistant Resident Representative on site for 26 working days for 8 hours per day for a not to exceed duration of 208 hours. c. Provide an additional part-time Assistant Resident Representative on site for 26 working days for 8 hours per day for a not to exceed duration of 208 hours. d. Perform periodic site visits from the design team members for the following activities: (1) Trip No. 1: Observe Condition of Existing Concrete. Once the milling operation is completed over the limits of the project scheduled for the placement of an unbonded overlay, it will be necessary to assess the Exhibit II -4 condition of the existing pavement and locate those areas where isolated remediation may be needed prior to the placement of the bond breaking material. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (2)Trip No. 2: High Early Strength Concrete Placement. This trip will be used to observe and assist the Resident Representative on the first day of concrete placement. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (3)Trip No. 3: Airfield Lighting Installation. This trip will be used to observe the installation of the airfield lighting system. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (4)Trip No. 4: Final Punch List for Phase 1 and Prefinal Punch List for Phase 2A: The Consultant will prepare the final and pre-final project punch lists respectively for each given phase. This trip will be performed by the team's senior civil engineer. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (5)Trip No. 5: Final Punch List for Phase 2A and Prefinal Punch List for Phase 213: The Consultant will prepare the final and pre-final project punch lists respectively for each give phase. This trip will be performed by the team's senior civil engineer. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12 5. Basic Services— Phase 3: Taxiway B (East of Runway 12-30): a. Provide a Senior Resident Representative on site for 36 working days for 10 hours per day or for a not to exceed duration of 360 hours. b. Perform periodic site visits from the design team members for the following activities: (1) Trip No. 1: General Site Visit. This trip will be taken for the purposes of attending the regularly scheduled weekly meeting and to observe the activities and progress of the project. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. Exhibit II-5 (2)Trip No. 2: Aggregate Base Course Placement: This trip will be used to observe and assist the Resident Representative on the first day of aggregate base course placement. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (3)Trip No. 3: Concrete Placement. This trip will be used to observe and assist the Resident Representative on the first day of concrete placement within the vicinity of Phase 3. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (4) Trip No. 4: Airfield Lighting Installation. This trip will be used to observe the installation of the airfield lighting system. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. (5) Trip No. 5: Prefinal Punch List for Phase 3: The Consultant will prepare the pre-final project punch list. This trip will be performed by the team's project civil engineer and project electrical engineer. The duration of this trip will be 8 hours per each team member. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 24. (6) Trip No. 6: Final Punch List for Phase 3: The Consultant will prepare the Final project punch list. This trip will be performed by the team's project civil engineer. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12 6. Basic Services— Phase 4: Taxiway B (West of Runway 12-30 & Runway 9- 27 Lighting: a. Provide a Senior Resident Representative on site for 21 working days for 10 hours per day or for a not to exceed duration of 210 hours. b. Perform periodic site visits from the design team members for the following activities: (1)Trip No. 1: Airfield Lighting Installation. This trip will be used to observe the installation of the airfield lighting system. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12. Exhibit II -b (2)Trip No. 2: Prefinal Punch List for Phase 4: The Consultant will prepare the pre-final project punch list. This trip will be performed by the team's project civil engineer and project electrical engineer. The duration of this trip will be 8 hours per each team member. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 24. (3)Trip No. 3: Final Punch List for Phase 4: The Consultant will prepare the Final project punch list. This trip will be performed by the team's project electrical engineer. The duration of this trip will be 8 hours. An additional 4 hours will be utilized for pre-trip preparation and post-trip documentation. The total hours allocated for this effort will not exceed 12 7. Special Services—Construction Closeout: This includes activities for providing a final project walk through, project closeout documentation and creating a record set of conforming to construction records drawings. The specific elements of work include: a. Final Project Punch List and Walk Through: The Consultant will prepare the Final project punch list. A final walk through will be performed by the Sponsor, the MoDOT and a member of the Consultant's Team. b. Engineering Record Drawings: The Consultant will prepare the Conforming to Construction Record drawings of the project. These drawings will be developed from documentation created by the Contractor and Consultant throughout the duration of the project. An electronic(pdf) set of drawings will be provided to the Sponsor and MoDOT for their records. c. Final Construction Report: The Consultant will prepare and submit to the Sponsor and the MoDOT a final construction report as identified in the Construction Observation Program. d. Prepare and submit to the SPONSOR and the MoDOT a final testing report as required by the COP. e. Update the Airport Layout Drawing. 8. Special Services— Material Testing: The Consultant will obtain the services of a certified and accredited material testing laboratory for quality assurance testing in accordance with the Contract Documents. The required certifications and documentation of testing will be included in the Construction Observation Program. 9. Special Services— Surveying: The Consultant will obtain the services of a Registered Surveyor as licensed in the State of Missouri to perform various surveying tasks as may be needed by the Consultant to confirm specific horizontal and vertical control items within the Contract Documents. Exhibit II -7 EXHIBIT IIA FAA Advisory Circulars, Standards, Guidance and Commission Standards Revision 01/01/11 Sponsor is responsible to check the FAA website for the most current Advisory Circulars, AIP sponsor guides, and engineering briefs at the time of execution of the project consultant agreement. They are available on the FAA Central Region website at: http://www.faa.gov/airports/resources/advisory_circulars/. NUMBER TITLE 7017460-1 K Obstruction Marking and Lighting Change 1 150/5050-8 Environmental Management Systems for Airport Sponsor's 150/5070-613 [Airport Master Plans Change 1 F150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program F /5100-17 Land Acquisition and Relocation Assistance for Airport Improvement Program nges 1-6 Assisted Projects 150/5190-6 Exclusive Rights at Federally-Obligated Airports 150/5200-28D Notices to Airmen (NOTAMS)for Airport Operators 150/5200-30C Airport Winter Safety and Operations 150/5200-32A Reporting Wildlife Aircraft Strikes 150/5200-33B Hazardous Wildlife Attractants on or Near Airports 150/5200-34A i Construction or Establishment of Landfills Near Public Airports Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments 150/5200-36 and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports 150/5200-37 Introduction to Safety Management Systems (SMS)for Airport Operators 150/52110-51) Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-20 Ground Vehicle Operations on Airports Change 1 150/5210-24 Airport Foreign Object Debris (FOD) Management F15015220-1 0D Guide Specification for Aircraft Rescue and Fire Fighting Vehicles Exhibit IIA -1 150/5220-16C Automated Weather Observing Systems (AWOS)for Non Federal Applications 150/5220-18A = Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20 Change 1 Airport Snow and Ice Control Equipment 150/5220-23 I Frangible Connections 150/5230-4A Aircraft Fuel Storage, Handling, and Dispensing on Airports FAA Policy on Facility Relocations Occasioned by Airport Improvements or 150/5300-713 ' Changes 150/5300-913 Predesign, Prebid and Preconstruction Conferences for Airport Grant Projects 150/5300-13 Airport Design Changes 1-15 _---- --------- ...... 150/5300-14B Design of Aircraft Deicing Facilities 150/5300-15A Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey ........... 150/5300-17B General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey 1 General Guidance and Specifications for Submission of Aeronautical Surveys 150/5300-18B to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-5C Change 1 Surface Drainage Design 150/5320-6E Airport Pavement Design and Evaluation 150/5320-12C i Measurement, Construction, and Maintenance of Skid Resistant Airport Changes 1-8 Pavement Surfaces ---------------------- ....... 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals ......-------- —-------- 150/5325-413 Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Airport Pavement Strength-PCN 150/5340-1 K Standards for Airport Markings 150/5340-5C Segmented Circle Airport Marker System 150/5340-18F Standards for Airport Sign Systems 150/5340-26B Maintenance of Airport Visual Aid Facilities Exhibit IIA-2 - --......... _. 150/5340-30E ! Design and Installation Details for Airport Visual Aids 150/5345-3G I Specification for L-821 Panels for Control to Airport Lighting 15015345-513 Specifications for Airport Lighting Circuit Selector Switch --- -- - --- - - -- -- — -- - - - -- -- -- - - - - 150/5345-7E Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10G Specification for Constant Current Regulators Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacon 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D Specification for L-823, Plug and Receptacle, Cable Connectors 15015345-27D ' Specification for Wind Cone Assemblies 150/5345-28F Precision Approach Path Indicator Systems (PAPI) 15015345-39C Specification for L-853, Runway and Taxiway Retroreflective Markers 150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 15015345-43F Specification for Obstruction Lighting Equipment 150/5345-44J Specification for Taxiway and Runway Signs 150/5345-45C Low-Impact Resistant(LIR) Structures 150/5345-46D Specification for Runway and Taxiway Light Fixtures 150/5345-47B ' Isolation Transformers for Airport Lighting Systems 150/5345-49C Specification L-854, Radio Control Equipment 15015345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51 B Specification for Discharge-Type Flasher Equipment 150/5345-52A ' Generic Visual Glideslope Indicators (GVSI) 15015345-53C ' Airport Lighting Equipment Certification Program &Addendum 15015345-54B ; Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56A Specification for L-890, Airport Lighting Control and Monitoring System 15015360-9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations 150/5360-12E Airport Signing &Graphics Exhibit IIA-3 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities 150/5360-14 Access to Airports by Individuals with Disabilities 150/5370-2E Operational Safety on Airports During Construction 150/5370-6D Construction Progress and Inspection Report—Airport Improvement Program 150/5370-10E Standards for Specifying Construction of Airports 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12A Quality Control of Construction for Airport Grant Projects 150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5370-14A Hot Mix Asphalt Paving Handbook 150/5370-15A Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete)Airfield Pavements 150/5380-66 I Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7A Airport Pavement Management Program 150/5380-8A Handbook for Identification of Alkali-Silica Reactivity in Airport Pavements 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390-26 �eliport Design FAA 910-Predesign Conference FAA 920—Engineer's Report(& Pavement Design) FAA 940 —Regional Approved Modifications to AC 150/5370-10 FAA 950 —Sponsor Modifications to FAA Standards FAA 960-Safety Plan FAA 1040—Preconstruction Conference FAA 1060- Labor Provisions FAA 1100—Runway Commissioning FAA 1310— Environmental Site Assessment FAA 1750- Pavement Maintenance FAA Engineering Briefs FoDOT MoDOT DBE Program The MoDOT DBE Program is available on the MoDOT website at the following address: hftp://www.modot.mo.aov/business/contractor resources/externalcivilrights.htm. Exhibit IIA-4 EXHIBIT III SERVICES PROVIDED BY THE SPONSOR The Sponsor, as a part of this Agreement, shall provide the following: 1. Assist the Consultant in arranging to enter upon public and private property as required for the Consultant to perform his services. 2. Obtain approvals and permits from all governmental entities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 3. Prompt written notice to the Consultant whenever the Sponsor observes or knows of any development that affects the scope or timing of the Consultant's services. 4. One (1) copy of existing plans, standard drawings, bid item numbers, reports or other data the Sponsor may have on file with regard to this project. 5. All payments to landowners or tenants associated with the acquisition of the required property rights prior to or concurrent with closing. 6. All staff, procedures and activities related to acquiring the property, including but not limited to appraisals, reviews, negotiations, relocation assistance and eminent domain. 7. Pay all publishing cost for advertisements of notices, public hearings, request for proposals and other similar items. The Sponsor shall pay for all permits and licenses that may be required by local, state or federal authorities, and shall secure the necessary land easements and/or rights-of-way required for the project. 8. Issue Notice to Airmen (NOTAM's) through the applicable FAA Flight Service Station. 9. Guidance for assembling bid package to meet Sponsor's bid letting requirements. 10. Designate contact person (see paragraph 22-A). 11. Pay costs for title searches. 12. The city of Jefferson will provide the Engineer an office for the use by the Resident Representative for the duration of the project. There will be no fee associated with this office space. Exhibit III -1 DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS RUNWAY 12-30&TAXIWAY B REHABILITATION JEFFERSON CITY MEMORIAL AIRPORT CONSTRUCTION PHASE SERVICES(13-040B-2) BASIC AND SPECIAL SERVICES April 26,2014 1 DIRECT SALARY COSTS: TITLE HOURS RATEIHOUR COST i$) Office Field Contract Project Manager 212.00 $61.30 $12,995.60 $0.00 $0.00 Assoc.Civil Engineer 48.00 $59.50 $2,856.00 $0.00 $0.00 Sr.Civil Eng./Sr.Planner 232.00 $45.00 $10,440.00 $0.00 $0.00 Staff Civil Engineer 639.25 $31.00 $19,816.75 $0.00 $0.00 Assist.Civil Engineer 24.50 $27.50 $673.75 $0.00 $0.00 Sr.Electrical Engineer 97.00 $52.00 $5,044.00 $0.00 $0.00 Staff Electrical Engineer 69.75 $34.00 $2,371.50 $0.00 $0.00 Assist.Electrical Eng. 48.00 $32.00 $1,536.00 $0.00 $0.00 Sr.Technician 40.00 $32.75 $1,310.00 $0.00 $0.00 Staff Technician 70.00 $22.00 $1,540.00 $0.00 $0.00 Field Engineer 1874.00 $47.00 $0.00 $88,078.00 $0.00 Clerical 180.50 $19.00 $3,429.50 $0.00 $0.00 3,535.00 Total Direct Salary Costs $62,013.10 $88,078.00 $0.00 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Direct Salary Costs @ 205.35% Office $127,343.90 Percentage of Direct Salary Costs @ 148.04% Field $130,390.67 Percentage of Direct Salary Costs @ 80.35%Contract $0.00 3 SUBTOTAL: Items 1 and 2 $189,357.00 $218,468.67 $0.00 PROFIT: 10.00% %of Item 3 Subtotal $18,935.70 $21,846.87 $0.00 Subtotal $208,292.70 $240,315.54 $0.00 5 OUT-OF-POCKET EXPENSES: a.Transportation(Office Staff) 9250.00 Miles @ $0.565 /miles $5,226.25 b.Transportation(Field Staff) 16880.00 Miles @ $0.565 /Miles= $9,537.20 c.Per Diem (meals)office (per day) 31.00 days @ $46.00/day= $1,426.00 d.Per Diem(lodging)office (per day) 0.00 days @ $83.00/day= $0.00 e.Per Diem field(meals): per day 204.00 days @ $46.00/day = $9,384.00 f.Per Diem field(Lodging): per day 204.00 days @ $83.00/day = $16,932.00 g.Comp.hrs:(N/A) 88.00 Hours @ $0.00/Hour= $0.00 h.Comp.hrs:(N/A) 3447.00 Hours @ $0.00/Hour= $0.00 I.Materials and Supplies = $10,047.97 $2,331.33 $0.00 Total Out-of-Pocket Expenses $16,700.22 $38,184.53 $0.00 6 SUBCONTRACT COSTS: a. Surveyor.Elgin Surveying = $0.00 $0.00 $5,000.00 b. Material Testing:Terracon Consultants,Inc. _ $0.00 $0.00 $116,822.00 c. Field Support:Taliaferro&Browne(DBE) _ $0.00 $0.00 $99,478.00 d. Other. _ $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $221,300.00 7 MAXIMUM TOTAL FEE: Items 1,2,3,4,5 and 6 $224,992.92 $278,500.07 $221,300.00 TOTAL: SUMMARY $724,793.00 SUMMARY DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS RUNWAY 12-30&TAXIWAY B REHABILITATION JEFFERSON CITY MEMORIAL AIRPORT CONSTRUCTION PHASE SERVICES(13-0406-2) BASIC AND SPECIAL SERVICES April 26,2014 Civil Project Assoc.Civil Sr. Staff Civil Assist.Civil Sr.Electrical Staff Electrical Assist. Staff Classification: Manager Engineer EngJSr. Engineer Engineer Engineer Engineer Electrical Eng. Sr.Technician Technician Field Engineer Clerical Other Costs Planner Gross Hourly Rate: $205.90 $199.85 $151.15 $104.12 $92.37 $174.66 $114.20 $107.48 $110.00 $73.89 $128.24 $63.82 A.BASIC SERVICES CONSTRUCTION ADMINISTRATION: 1 OFFICE STAFF 156.00 44.00 160.00 249.25 10.50 73.00 53.75 4.00 10.00 26.00 150.50 (1,2.3,4,5) Total= $131,922.00 $32.120.01 $8,793.47 $24,183.72 $25,952.99 $969.87 $12,750.19 $6,138.30 $429.93 $1,100.02 $1.921.26 $9.604.63 $7.957.59 PHASE 1: CONSTRUCTION PHASE SERVICES-Runway 12- 2 30 12.00 36.00 48.00 24.00 1 1080.00 10.00 (1,2.3.4,5) Total= $254,338.00 $2,470.77 $5,441.34 $4,997.97 $4,191.84 $138,495.61 $638.18 $98,102.28 3 PHASE 2: CONSTRUCTION PHASE SERVICES-Intersection Runway 12.30&9-27 12.00 12.00 244.00 208.00 5.00 (1.2,3.4,5) Total= $88,163.00 $2.470.77 $1,813.78 $25.406.34 $26.673.23 $319.09 $31,479.79 PHASE 3: CONSTRUCTION PHASE SERVICES-Taxiway B 4 (East of Runway 12.30) 12.00 48.00 24.00 360.00 6.00 (1.2.3,4,5) Total= $65,4191.00 $2,470.77 $4,997.97 $2,579.60 $46,165.20 $382.91 $8,822.55 5 PHASE 4: CONSTRUCTION PHASE SERVICES-Taxiway B (West of Runway 12.30) &Runway 9.27 Lighting 24.00 12.00 210.00 3.00 (1,2.3.4.5) Total= $36,080.00 $2.498.981 $1.289.801 1 $26.929.70 $191.45 $5.170.06 PART A SUBTOTAL= $575,922.00 B.SPECIAL SERVICES CONSTRUCTION CLOSEOUT 1 20.00 4.00 24.00 26.00 14.00 16.00 8.00 30.00 44.00 16.00 6.00 (1,2,3,4,5) Total= $27,049.00 $4,117-95 $799.41 $3,627.56 $2,707.23 $1,293.16 $1,827.21, $859.87 $3,300.07 $3,251.37 $2,051.79 $382.91 $2,830.48 MATERIAL TESTING 2 (1,2,3,4,5) Total= $116.822.00 $116.822.00 3 SURVEYING (1,2.3,4,5) Total= $5.000.00 $5,000.00 PART B SUBTOTAL= $148,871.00 GRAND TOTAL= $724,793.00 (1)Mileage.Motel and Meals (3)Computer Services (5)Other(identify) (2)Equipment,Materials and Supplies (4)Vendor Services EXHIBIT V SUMMARY 4/30/2014 Jeff-city cservices fee for 12.30 04-26-14 dgh.xlsx I I April 22, 2014 Irerracon I Burns & McDonnell 9400 Ward Parkway i Kansas City, Missouri 64114 i Attn: Mr. Dave Hadel, P.E. C: 816.363.7259 E: dhadel a()burnsmcd.com j Re: Revised Proposal for Construction Testing and Observation Services Runway 12-30 &Taxiway B Rehabilitation -Jefferson City Memorial Airport Jefferson City, Missouri Terracon Proposal No. 00914143.1 Dear Mr. Hadel: Terracon Consultants, Inc. (Terracon) is pleased to submit this revised proposal for providing testing and observation services in conjunction with the proposed Runway 12-30 & Taxiway B Rehabilitation project in Jefferson City, Missouri. We have formatted the pricing according to Missouri Department of Transportation Master ICA for Construction Phase Services. We appreciate your consideration and look forward to working with you. A. COMMITMENT TO SAFETY Terracon has a 100% commitment to the safety of all its employees. As such, and in accordance with our Incident and Injury Free® safety culture, Terracon will hold a meeting to review health and safety needs for this specific project. Anticipated safety concerns could include uneven terrain, remote site conditions, water hazards, and animal, insect, or toxic plant exposure. It may become necessary to provide additional measures to improve the safety of 4 our employees, at additional cost, to reduce the risk for personal exposure. In the event your company is aware of specific safety concerns for the project site, Terracon respectfully requests j notification of such concerns prior to mobilization. B. PROJECT DESCRIPTION We understand the project will consist of both taxi and runway rehabilitation at the Jefferson City Memorial Airport. Site construction will consist of mostly rigid pavement removal and replacement. Some removal and replacement of flexible pavement will also be performed. General earthwork will also be required for a small portion of the project. f C. SCOPE OF SERVICES/STAFFING We understand that our services may be requested for both modified and standard Proctor testing, gradations, percent finer than the #200 and atterberg limit testing on both soils and I I Terracon Consultants, Inc. 3601 Mojave Court, Ste.A Columbia, Missouri 65202 P 15731 214 2677 F [5731 214 2714 lerracon.com i Proposal for Construction Materials Testing and Observation Services 1I�rracon Runway 12-30&Taxiway Rehabilitation ■ Jefferson City, Missouri Arpil 22, 2014 ■Terracon Proposal No. 00914143.1 I I aggregate base for the project. Subgrade observations and nuclear field density testing on engineered fill, soil subgrade and aggregate base are also anticipated. Plastic and hardened concrete testing will also be performed with flexural strength analysis in our lab. Laboratory testing for bulk density and thickness of both rigid and flexible pavements are also included. Mr. Brian Robben, P.E., R.G. will be the program administrator for the project. Terracon will provide Missouri Department of Transportation certified technicians for field and laboratory testing for the project duration. Resumes and certifications including our AMRL laboratory accreditations are also attached. Results of all field tests will be submitted verbally to authorized personnel at the site upon completion of the tests. Written summaries of field tests and observations are usually submitted at intervals of approximately one week. However, the report interval may be longer if we have little or no activity on the project. Results of laboratory tests will be submitted either upon completion of tests or with the next field services report. Results of laboratory tests of concrete compressive strength samples are typically available during the afternoon on the scheduled date of testing with written confirmation sent at least twice per week. D. CONDITIONS We assume that our services will be provided on an as-requested basis. Please submit the names of parties authorized to request our services on this project. It will be imperative that we be advised, in a timely manner, when work is in progress and which of our services will be required. Terracon will not be responsible for scheduling our services and will not be responsible for tests that are not performed due to a failure to schedule our services on the project or any resulting damage. We recommend our typical services be specified and scheduled a minimum of one (1) working day in advance. We recommend structural steel services be scheduled a minimum of two (2) working days in advance. We will endeavor to schedule services on lesser notice, but may not always be able to meet the desired project I schedule. It is also imperative that we receive a set of project plans and specifications, prior to the project start date. All requests for services should be submitted to Mr. Jeff Kenney, E.I. at our Columbia office (Telephone: 1-573-214-2677). E. COMPENSATION Our services will be invoiced based on the work performed in accordance with our attached schedule of fees. Based on our understanding of the scope of services discussed in this proposal, we estimated a fee of $ 116,822 for this project. We have included some 24-hour work using three 8-hour shifts. A breakdown of this estimate is provided in phases following Responsive ■ Resourceful ■ Reliable 2 I Proposal for Construction Materials Testing and Observation Services Runway 12-30&Taxiway Rehabilitation ■ Jefferson City, Missouri �effaCcOn Arpil 22, 2014 ■Terracon Proposal No. C0914143.1 MoDOT format and is attached for your review. This estimate is not considered a lump sum or not-to-exceed cost, but an estimate for budgeting purposes only. Our invoices will reflect the actual hours/units used, in accordance with the attached fee schedule; however, we would contact you prior to exceeding the estimated fee. We will utilize the existing Master Services Agreement for contracting purposes. Please feel free to contact this office if you have any questions or comments concerning the proposed services or if we may be of further service to you. We appreciate your consideration of Terracon for this project, and look forward to working as your construction materials consultant on this and future projects. Respectfully submitted, Terracon ons s, Inc. Brian Robben, P.E., R.G. Construction Services Manager Attachments:ICA Worksheets,MoDOT Consultant Pre-qualification Letter,Fee Schedule,Resumes and Certifications I i i Responsive ■ Resourceful ■ Reliable 3 DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS Runway 12-30&Taxiway B Rehabilitation Phase 1 Jefferson City Memorial Airport BASIC AND SPECIAL SERVICES April 22,2014 1 DIRECT SALARY COSTS: � OFFICE FIELD TITLE HOURS RATE/HOUR COST($) COST($) Project Manager 0.00 $1.00 $0.00 $0.00 Resident Representative 0.00 $1.00 $0.00 S0.00 Sr.Civil Engineer 66.00 $40.87 $1,226.10 $1,471.32 Staff Engineer 30.00 $25.90 $777.00 S0.00 Asst.Civil Engineer 0.00 $1.00 $0.00 S0.00 Sr.Electrical Engineer 0.00 $1.00 $0.00 $0.00 Staff Electrical Engineer 0.00 $1.00 $0.00 S0.00 Asst.Electrical Engineer 0.00 $1.00 $0.00 $0.00 Sr.Tech. 436.00 $16.58 $0.00 $7,228.88 Staff Tech. 224.00 $13.53 $0.00 $3,030.72 Geotech.Engineer 0.00 $1.00 $0.00 $0.00 Clerical 0.00 $15.85 $0.00 $0.00 756.00 Total Direct Salary Costs = $2,003.10 $11,730.92 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: office field I Percentage of Direct Salary Costs @ 196.72% 196.72% = S3,940.50 $23,077.07 3 SUBTOTAL: Items 1 and 2 = S5,943.60 $34,807.99 4 PROFIT: 15.00% %of Item 3 Subtotal = $891.54 $5,221.20 Subtotal S6,835.14 $40,029.18 6 OUT-OF-POCKET EXPENSES: Subtotal Office&Field $46,864.32 a. Mileage(office) 5,320.00 Miles @ $0.560 /Mile = $2,979.20 b. Transport. (field) 0.00 Months @ $0.00 /Mo._ $0.00 c. Motel(office) 0.00 Nights @ $0.00 1 Night= $0.00 d. Per Diem(field) 0.00 Nights @ $0.00 /Night= $0.00 e. Meals 0.00 Days @ $0.00 /Day = $0.00 I. Computer CADD 0.00 Hours @ $0.00 1 Hour= $0.00 g. Computer Eng. 0.00 Hours @ $0.00 /Hour= $0.00 h.Materials and Supplies = $0.00 Total Out-of-Pocket Expenses = S2,979.20 6 LABORATORY COSTS: a. Modified Proctor 4.00 Tests @ $175.00 1 Test.= $700.00 b. Standard Proctor 4.00 Tests @ $150.00 1 Test._ $600.00 c. Atterberg Limits 2.00 Tests @ $60.00/Test= $120.00 d. Concrete Testing 140.00 Tests @ $60.00 /Test.= $6,400.00 e. Gradation 70.00 Tests @ $60.00 /Test._ $4,200.00 f. %>8200 70.00 Tests @ $60.00 /Test.= $4,200.00 $18,220.00 7 MAXIMUM TOTAL FEE: Items 1,2,3,4,5 and 6 = $68,063.52 SUMMARY OF COSTS DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS Runway 12-30&Taxiway B Rehabilitation Phase 2a Jefferson City Memorial Airport BASIC AND SPECIAL SERVICES i April 22,2014 1 DIRECT SALARY COSTS: OFFICE FIELD TITLE HOURS RATEIHOUR COST($) COST($1 Project Manager 0.00 $1.00 $0.00 S0.00 Resident Representative 0.00 $1.00 $0.00 S0.00 Sr.Civil Engineer 4.00 $40.87 $163.48 S0.00 Staff Engineer 6.00 $25.90 $155.40 $0.00 Asst.Civil Engineer 0.00 $1.00 $0.00 $0.00 Sr.Electrical Engineer 0.00 $1.00 $0.00 $0.00 Staff Electrical Engineer 0.00 $1.00 $0.00 $0.00 Asst. Electrical Engineer 0.00 $1.00 $0.00 $0.00 Sr.Tech. 250.00 $16.58 $0.00 $4,145.00 Staff Tech. 0.00 $13.53 $0.00 $0.00 Geotech.Engineer 0.00 $1.00 $0.00 $0.00 Clerical 0.00 $15.85 $0.00 $0.00 260.00 Total Direct Salary Costs = $318.88 $4,145.00 i 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: office field Percentage of Direct Salary Costs @ 196.72% 196.72% _ $627.30 $8,154.04 I 1 3 SUBTOTAL: Items 1 and 2 = $946.18 $12,299.04 I i I 4 PROFIT: 15.00% %of Item 3 Subtotal = $141.93 $1,844.86 Subtotal $1,088.11 $14,143.90 5 OUT-OF-POCKET EXPENSES: Subtotal Office&Field $15,232.01 I a. Mileage(office) 2,100.00 Miles @ $0.560 /Mlle = $1,176.00 b. Transport.(field) 0.00 Months @ $0.00 /Mo.= S0.00 c. Motel(office) 0.00 Nights @ $0.00 /Night= $0.00 d. Per Diem(field) 0.00 Nights @ $0.00 /Night= $0.00 e. Meals 0.00 Days @ $0.00 /Day = $0.00 I. Computer CADD 0.00 Hours @ $0.00 /Hour= $0.00 g. Computer Eng. 0.00 Hours @ $0.00 /Hour= $0.00 h.Materials and Supplies = $0.00 Total Out-of-Pocket Expenses - §1,178,00 6 LABORATORY COSTS: I a. Modified Proctor 0.00 Tests @ $175.00/Test.= $0.00 b. Standard Proctor 0.00 Tests @ $150.00/Test.= $0.00 c. Atterberg Limits 0.00 Tests @ $60.00/Test.= $0.00 1 d. Concrete Testing 60.00 Tests@ $50.00 /Test.= $4,800.00 e. Gradation 10.00 Tests @ $60.00 /Test.= $600.00 I. %>#200 10.00 Tests @ $60.00 /Test.= $600.00 _ $6,000.00 7 MAXIMUM TOTAL FEE: Items 1. 2,3,4,5 and 6 = $22,408.01 i SUMMARY OF COSTS I i DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS Runway 12.30&Taxiway B Rehabilitation Phase 2h Jefferson City Memorial Airport BASIC AND SPECIAL SERVICES ! April 22,2014 ! 1 DIRECT SALARY COSTS: OFFICE FIELD TITLE HOURS RATE/HOUR COST f$1 COST($) Project Manager 0.00 $1.00 $0.00 $0.00 Resident Reprosontative 0.00 $1.00 $0.00 $0.00 Sr. Civil Engineer 4.00 $40.87 $163.48 $0.00 Staff Engineer 6.00 $25.90 $155.40 $0.00 Asst.Civil Engineer 0.00 $1.00 $0.00 $0.00 Sr. Electrical Engineer 0.00 $1.00 $0.00 $0.00 Staff Electrical Engineer 0.00 $1.00 $0.00 $0.00 Asst.Electrical Engineer 0.00 $1.00 $0.00 $0.00 Sr.Tech. 65.00 $16.58 $0.00 $1,077.70 Staff Tech. 35.00 $13.53 $0.00 $473.55 Geotech.Engineer 0.00 $1.00 $0.00 $0.00 Clerical 0.00 $15.85 $0.00 $0.00 110.00 Total Direct Salary Costs = $318.A8 $1,551.25 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: office field Percentage of Direct Salary Costs @ 196.72% 196.72% = $627.30 $3,051.62 3 SUBTOTAL: Items 1 and 2 = $946.18 $4,602.87 4 PROFIT: 15.00% %of Item 3 Subtotal = $141.93 $690.43 Subtotal $1,088.11 $5,293.30 5 OUT-OF-POCKET EXPENSES: Subtotal Office&Field $6,381.41 a. Mileage(office) Miles @ $0.560 /Mile = $0.00 - b. Transport.(field) 0.00 Months @ $0.00 /Mo._ $0.00 c. Motel(office) 0.00 Nights @ $0.00 /Night= $0.00 d. Per Diem(field) 0.00 Nights @ $0.00 /Night= $0.00 e. Meals 0.00 Days @ $0.00 /Day = $0.00 I. Computer CADD 0.00 Hours @ $0.00 /Hour= $0.00 g. Computer Eng. 0.00 Hours @ $0.00 /Hour= $0.00 It.Materials and Supplies $0.00 Total Out-of-Pocket Expenses = $0.00 6 LABORATORY COSTS: a. Modified Proctor 0.00 Tests @ $175.00/Test.= $0.00 b. Standard Proctor 0.00 Tests @ $150.00 /Test.= $0.00 c. Atterberg Limits 0.00 Tests @ $60.00/Test.= $0.00 d. Concrete Testing 80.00 Tests @ $60.00 /Test.= $4,800.00 e. Gradation 10.00 Tests @ $60.00 /Test._ $600.00 I. %n*200 10.00 Tests @ $60.00 /Test.= $600.00 _ $6,000.00 7 MAXIMUM TOTAL FEE: Items 1,2.3,4,5 and 6 = $12,381.41 SUMMARY OF COSTS i DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS Runway 12-30&Taxiway B Rehabilitation Phase 3 Jefferson City Memorial Airport BASIC AND SPECIAL SERVICES April 22,2014 1 DIRECT SALARY COSTS: OFFICE FIELD TITLE HOURS RATE/HOUR COST($) COST($1 Project Manager 0.00 $1.00 $0.00 $0.00 Resident Representative 0.00 $1.00 $0.00 $0.00 Sr.Civil Engineer 7.00 $40.87 $286.09 $0.00 Staff Engineer 14.00 $25.90 $362.60 $0.00 Asst.Civil Engineer 0.00 $1.00 $O.OD $0.00 Sr.Electrical Engineer 0.00 $1.00 $0.00 $0.00 Staff Electrical Engineer 0.00 $1.00 $O.OD $0.00 Asst. Electrical Engineer 0.00 $1.00 $0.00 $0.00 Sr.Tech. 110.00 $16.58 $0.00 $1,823.80 Staff Tech. 20.00 $13.53 $0.00 $270.60 Geolech.Engineer 0.00 $1.00 $0.00 SO.00 Clerical 0.00 $15.85 $0.00 50.00 151.00 Total Direct Salary Costs = $648.69 $2,094.40 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: i office field Percentage of Direct Salary Costs @ 196.72% 196.72% _ $1,276.10 $4,120.10 I 3 SUBTOTAL: Items 1 and 2 = $1,924.79 $6,214.50 4 PROFIT- 15.00% O 17- 15.00% %of Item 3 Subtotal = $288.72 $932.18 Subtotal $2,213.51 $7,146.68 5 OUT-OF-POCKET EXPENSES: Subtotal Office&Field $9,360.19 i a. Mileage(office) Miles @ $0.560 /Mile = $0.00 b. Transport.(field) 0.00 Months @ $0.00 1 Mo._ $0.00 c. Motel(office) 0.00 Nights @ $0.00 /Night= $0.00 d. Per Diem(field) 0.00 Nights @ $0.00 I Night= $0.00 e. Meals 0.00 Days @ $0.00 /Day = $0.00 f. Computer CADD 0.00 Hours @ SO.00 I Hour= $0.00 g. Computer Eng. 0.00 Hours @ SO.00 I Hour= $0.00 h.Materials and Supplies $0.00 M Total Out-of-Pocket Expenses = $0.00 i 6 LABORATORY COSTS: a. Modified Proctor 0.00 Tests @ $175.00 /Test.= $0.00 b. Standard Proctor 1.00 Tests @ $150.00/Test._ $150.00 c. Core Density 10.00 Tests @ $30.00/Test.= $300.00 - d. Specific gravity 1.00 Tests @ $125.00/Test.= $125.00 e. Atterberg Limits 1.00 Tests @ $60.00/Test.= $60.00 I. %>#200 0.00 Tests @ $60.00/Test.= $0.00 _ $635.00 7 MAXIMUM TOTAL FEE: Items 1,2,3,4,5 and 6 = $9,995.19 i SUMMARY OF COSTS Ii i i DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS Runway 12-30&Taxiway B Rehabllltatlon Phase 4 Jefferson City Memorial Airport i BASIC AND SPECIAL SERVICES April 22,2014 i 1 DIRECT SALARY COSTS: f OFFICE FIELD TITLE HOURS RATE/HOUR COST($) COST f$1 Project Manager 0.00 $1.00 $0.00 $0.00 Resident Representative 0.00 $1.00 $0.00 $0.00 Sr.Civil Engineer 4.00 $40.87 $40.87 $0.00 Staff Engineer 2.00 $25.90 $61.80 $0.00 I Asst.Civil Engineer 0.00 $1.00 $0.00 $0.00 Sr. Electrical Engineer 0.00 $1.00 $0.00 $0.00 Staff Electrical Engineer 0.00 $1.00 $0.00 $0.00 I Asst.Electrical Engineer 0.00 $1.00 $0.00 $0.00 Sr.Tech. 40.00 $16.58 $0.00 $663.20 Staff Tech. 0.00 $13.53 $0.00 $0.00 Geotech.Engineer 0.00 S1.00 $0.00 $0.00 Clerical 0.00 $15.85 $0.00 $0.00 46.00 Total Direct Salary Costs = S92.67 $663.20 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: office field Percentage of Direct Salary Costs @ 196.72% 196.72% _ $182.30 $1,304.65 3 SUBTOTAL: Items 1 and 2 = $274.97 $1,967.85 4 PROFIT: I 15.00% %of Item 3 Subtotal = f $41.25 $295.18 i Subtotal $316.22 $2,263.02 5 OUT-OF-POCKET EXPENSES: Subtotal Office&Field $2,679.24 a. Mileage(office) 350.00 Miles @ $0.560 I Mile $196.00 b. Transport.(field) 0.00 Months @ $0.00 /Mo._ $0.00 C. Motel(office) 0.00 Nights @ $0.00 1 Night= $0.00 d. Per Diem(field) 0.00 Nights @ $0.00 /Night= $0.00 e. Meals 0.00 Days @ $0.00 /Day = $0.00 f. Computer CADD 0.00 Hours @ $0.00 /Hour= $0.00 g. Computer Eng. 0.00 Hours @ $0.00 /Hour= $0.00 It.Materials and Supplies = $0.00 Total Out-of-Pocket Expenses = $196.00 6 LABORATORY COSTS: a. Modified Proctor 0.00 Tests @ $175.00 1 Test.= $0.00 b. Standard Proctor 0.00 Tests @ $150.00/Test.= $0.00 c. Atterberg Limits 0.00 Tests @ $60.00/Test.= $0.00 d. Concrete Testing 16.00 Tests @ $60.00 f Test.= $960.00 e. Gradation 2.00 Tesls @ $60.00/Test.= $120.00 I. %>#200 2.00 Tests @ $60.00/Test._ $120.00 $1,200.00 7 MAXIMUM TOTAL FEE: Items 1,2,3,4,5 and 6 = $3,975.24 SUMMARY OF COSTS EXHIBIT VI PERFORMANCE SCHEDULE The Consultant agrees to proceed with services immediately upon receipt of written Notice to Proceed (NTP) by the Sponsor and to employ such personnel as required to complete the scope of services in accordance with the following time schedule: CONSTRUCTION SERVICES 1. Construction Services: This work will be finalized within 60 calendar days after the acceptance of the construction contractor's completed work. Exhibit VI - 1