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HomeMy Public PortalAboutORD15988BILL NO. 2019-081 SPONSORED BY Councilman Hussey ORDINANCE NO. /.57e AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BURNS & McDONNELL FOR THE PURPOSE OF DESIGNING THE REPLACEMENT OF VARIOUS LIGHTING FIXTURES FOR 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 a supplemental agreement with Burns & McDonnell for the purpose of designing the replacement of various lighting fixtures for 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: `'/td,. O 202 Approved: Presiding Officer ATTEST: Cit '�.lerk Mayor Carrie Tergin APPROVED AS TO FORM: UMBRA Airport Name: Jefferson City Memorial Airport Project No: County: Callaway County, Missouri STATE AVIATION TRUST FUND PROJECT CONSULTANT AGREEMENT THIS AGREEMENT is entered into by Burns & McDonnell Engineering Company, Inc. (hereinafter the "Consultant"), and the City of Jefferson, Missouri, (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 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 20(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. (D) "CONSULTANT" means the firm providing professional services to the Sponsor as a party to this Agreement. 1 Rev. 1 1 /04/19 (E) "CONSULTANT'S REPRESENTATIVE" means the person or persons designated in paragraph 20(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 (11) of this Agreement. (G) "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. (H) "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. (I) "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. (J) "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. (K) "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. (L) "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. 2 Rev. 11/04/19 (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. (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, 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, 3 Rev. 11 /04/19 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 number and location of meetings shall be defined in Exhibit II. (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. 4 Rev. 11/04/19 (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) 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): (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, 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; 5 Rev. 11 /04/19 FIRM NAME COMPLETE ADDRESS NATURE OF SERVICES N/A N/A N/A (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, 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; 5 Rev. 11 /04/19 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and (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 (8), entitled "Fees and Payments". (F) The Consultant agrees that any agreement between the Consultant 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. (8) 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 $54,350.00, 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. 6 Rev. 11 /04/1 9 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 8(C) 1 and 2 will be established based on the latest audit. 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 7 Rev. 11/04/19 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%) retainage will control. (9) 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 8 Rev. 11/04/19 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. (10) 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 (8)(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 9 Rev. 11/04/19 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. (11) OWNERSHIP OF DRAWINGS AND DOCUMENTS: (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 10 Rev. 11/04/19 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. 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 (I) 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: 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 AutoCAD Civil 3D 2018 (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. 11 Rev. 11/04/19 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 providedto 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. (12) 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 20 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 12 Rev. 11/04/19 Sponsor. (E) The claims procedure in paragraphs 12 (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 stopped by the claims procedure in paragraphs 12 (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. (13) 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. (14) INDEMNIFICATION RESPONSIBILITY: (A) The Consultant agrees to save harmless the Sponsor and MoDOT 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. (15) 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 13 Rev. 11/04/19 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; 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 (15) 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. (16) CONSTRUCTION PHASE OF THE PROJECT: (A) This Agreement does not include construction phase services. Review of shop drawings and other construction phase services can be added by supplemental agreement after design has been completed and the construction contract period has been determined. (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 14 Rev. 11/04/19 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. (17) MISSOURI NONDISCRIMINATION CLAUSE: The Consultant shall comply with all the provisions of Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The Consultant shall also comply with all state and federal statutes applicable to Consultant relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.). (18) 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 Callaway County, Missouri. The parties agree that this Agreement is entered into at Jefferson City, Missouri and substantial elements of its performance will take place or be delivered at Jefferson City, 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. (19) 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 and MoDOT, at the 15 Rev. 11/04/19 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. (20) 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 electronic mail, provided that an original is received at the same address as that to which that electronic mail message was sent, within three (3) business days of the electronic mail 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 TITLE OF SPONSOR'S REPRESENTATIVE Mr. Britt Smith, PE — Operations Division Director SPONSORS 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. 16 Rcv. 11/04/19 (B) Notice to the Consultant: Notices to Consultant shall be addressed and delivered to Consultant's representative, as follows: NAME AND TITLE OF CONSULTANT'S REPRESENTATIVE David G. Nadel, PE CONSULTANT'S NAME Burns & McDonnell Engineering Company, Inc. CONSULTANT'S ADDRESS 9400 Ward Parkway Kansas City, Missouri 64114 PHONE 816-822-3378 FAX 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. (21) 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. (22) 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. (23) 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. 17 Rev. 1 1 /04/19 (24) 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. (25) PAYMENT BOND: In the event a subconsultant is used for any services under this Agreement, Consultant shall provide a payment bond under Section 107.170 RSMo. Supp., as amended, for any services which are printing, aircraft, archaeology, surveying, hazardous waste or geotechnical including but not limited to the collection of soil samples. Any payment bond must be acceptable to the Sponsor and must be provided prior to the performance of service. The cost for the payment bond must have been included in the fee of the Consultant under this Agreement. A payment bond shall not be required for subconsultant services for which the aggregate costs are $25,000 or less or when the subconsultant is an engineering firm that is performing non -engineering services per current MoDOT policy. (26) 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 18 Rev. 11/04/19 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officials. Executed by the Consultant the 4th day of November, 2019. Executed by the Sponsor the 1-41 day of Jidu.,?.4'rj ,.20•1'97 Sponsor: City of Jefferson, Missouri Consultant: Burns & McDonnell Engineering Company, Inc. By: edivue ( By: Title: Mayor ATTEST: By: Signature Title: 643Ck4' APPROVED AS TO FORM: Signature Title: Manager, Aviation Services ATTEST: Title: Project Manager City Counselor 19 Rev. 11/04/19 EXHIBIT I PROJECT DESCRIPTION 1. Provide professional engineering services for the design phase of the replacement of various airfield lighting fixtures at Jefferson City Memorial Airport (JEF). Underground portions of the fixtures such as stakes and transformers will not be replaced. Cabling will not be replaced for these work items. This project includes replacing the above ground fixtures for the following items: a. Runway 12-30 high intensity runway edge lights. b. Runway 9-27 medium intensity LED runway edge lights. c. Airfield lighted and non -lighted runway holding position signs. i. This work item will include replacing the sign faces and internal components. Some signs may be not be salvageable and may need full frame replacement. d. Retroreflective taxiway edge markers. Exhibit I -1 EXHIBIT II SCOPE OF SERVICES The Consultant, in consideration of the payment on the part of the Sponsor, agrees to perform the engineering services enumerated as follows: All services will be performed in accordance with all applicable federal, state and local laws, ordinances, regulations and codes, together with good engineering practice and applicable FAA advisory circulars (AC's), standards, guidance and/or agency orders and MoDOT requirements and changes/revisions current at the time of execution of this Agreement including but not limited to those listed on attached EXHIBIT IIA. The Consultant shall not proceed with services herein until a notice -to -proceed is received from the Sponsor unless otherwise requested by the Sponsor. The following is a detailed description of the specific services that are required by this Agreement. BASIC SERVICES 1. Preliminary Design Phase: This phase includes activities for defining the scope of the aforementioned project and establishing preliminary requirements. The elements of work for this task include: a. Perform an internal Quality Review by independent senior level staff (Q1). b. Perform visual observation, collect data, and attend onsite inventory meeting with OWNER. Maximum of three team members for up to two consecutive days. c. Develop Scope of Services and Fee Estimate. d. Prepare and submit preliminary design narrative (letter form) for OWNER and Missouri Department of Transportation (MoDOT) review. e. Develop preliminary construction cost estimate for proposed project. f. Develop preliminary construction schedule. g. Develop preliminary Construction Safety & Phasing Plan (CSPP). h. Develop and submit Federal Aviation Administration (FAA) Form 7460-1. i. Perform an internal Quality Review by independent senior level staff (Q2). 2. Design Phase: This phase includes activities required to develop project design documents showing the character and scope of work to be performed by contractors on the project. The specific tasks that will be performed in the phase are: a. Prepare construction Bid Documents. The drawing list may include the following construction plans: i. Cover Sheet ii. Index, Legend, Abbreviations, and Summary of Quantities Exhibit II -1 iii. Access & Safety Plans & Notes iv. Construction Phasing Plans v. Electrical Legend, Abbreviations, and General Sheet vi. Electrical Details vii. For reference only as -built drawings for Runway 12-30 and Runway 9-27 lighting fixtures and signs dated February 2017 (MoDOT No. 13-040B-2). b. Prepare project technical specifications. No project manual will be included in these efforts just technical specifications. It is understood that the project manual will be created by the OWNER. c. Prepare final engineering design narrative letter. d. Revise the preliminary cost estimate for final engineer's estimate of probable cost. e. Revise the preliminary construction schedule. f. Perform internal Quality Review of the technical specifications, construction drawings, and design narrative with an independent review team (Q3, Q4, Q5 and Q6). g. Incorporate quality review team's comments. h. Submit project technical specifications, construction drawings, and design narrative to OWNER and MoDOT for 100% review. i. Revise contract documents per OWNER and MoDOT review. j. Submit final project technical specifications, and construction drawings for OWNER's use in bidding. Provide electronic copy of these documents. 3. Bidding & Construction Award Phase: This phase will include basic services to assist the Sponsor with the following activities: a. Respond to bidder questions during the bidding process. CONSTRUCTION SERVICES These services can be added by Supplemental Agreement per Section (16) of this Agreement. SPECIAL SERVICES Not included. Exhibit II -2 EXHIBIT IIA FAA Advisory Circulars, Standards, Guidance and Commission Standards Updated April 18, 2019 View the most current versions of these ACs and any associated changes at http://www.faa.gov/airports/resources/advisory circulars/ and https://www.faa.gov/regulations policies/advisory circulars/. NUMBER TITLE 70/7460-1L Obstruction Marking and Lighting Change 2 150/5000-9A Announcement of Availability Report No. DOT/FAA/PP/92-5, Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations 150/5000-17 [Critical Aircraft and Regular Use Determination 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Changes 1-2 Airport Master Plans 150/5070-7 The Airport System Planning Process Change 1 150/5100-138 Development of State Standards for Non Primary Airports 150/5100-17, Changes 1-7 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200-28F Notices to Airmen (NOTAMS) for Airport Operations 150/5200-30D Change 1 Airport Field Condition Assessments and Winter Operations Safety 150/5200-31C Changes 1-2 Airport Emergency Plan [5o/5210 -5D [5o/5210 -7D Painting, Marking and Lighting of Vehicles Used on an Airport Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14B 1 Airport Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A Airport Rescue and Firefighting Station Building Design 150/5210-18A Systems for Interactive Training of Airport Personnel 150/5210-19A Driver's Enhanced Vision System (DEVs) 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles Exhibit IIA -1 150/5220-16E Change 1 Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Show and Ice Control Equipment 150/5220-21 C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems 150/5220-26 Changes 1-2 Airport Ground Vehicle Automatic Dependent Surveillance — Broadcast (ADS - B) Out Squitter Equipment 150/5300-13A Change 1 Airport Design 150/5300-14C Design of Aircraft Deicing Facilities 150/5300-15A Use of Value Engineering for Engineering and 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 150/5300-17C Change 1 Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 105/5320-5D Airport Drainage Design 150/5320-6F Airport Pavement Design and Evaluation 150/5320-12C Changes 1-8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-15A Management of Airport Industrial Waste 150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5235-4B Runway Length Requirements for Airport Design (150/5335-5C [150/5340-1 L Standardized Method of Reporting Airport Pavement Strength -PCN Standards for Airport Markings 1150/5340-5D Segmented Circle Airport Marker System Exhibit IIA -2 150/5340-18F Standards for Airport Sign Systems 150/5340-26C [Maintenance of Airport Visual Aid Facilities 150/5340-30J r Design and Installation Details for Airport Visual Aids [150/5345-3G 1 Specification for L-821, Panels for the Control of Airport Lighting 150/5345-5B Circuit Selector Switch 150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10H Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26D FAA Specification for L-823 Plug and Receptacle, Cable Connectors 150/5345-27E Specification for Wind Cone Assemblies 150/5345-28G Precision Approach Path Indicator (PAPI) Systems 150/5345-39D Specification for L-853, Runway and Taxiway Retroreflective Markers 150/5345-42H Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-43J Specification for Obstruction Lighting Equipment 150/5345-44K Specification for Runway and Taxiway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures 150/5345-46E Specification for Runway and Taxiway Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49D Specification L-854, Radio Control Equipment 150/5345-50B Specification for Portable Runway and Taxiway Lights 150/5345-51B Specification for Discharge -Type Flasher Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-54B ' Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure Exhibit IIA -3 150/5345-56B [ Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing & Graphics 150/5360-13A Airport Terminal Planning 150/5360-14A [Access to Airports by Individuals with Disabilities 150/5370-2G Operational Safety on Airports During Construction 150/5370-10H Standard Specifications for Construction of Airports 150/5370-11 B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150-5370-12B Quality Management for Federally Funded Airport Construction Projects 150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5390-2C Heliport Design 150/5395-1B Seaplane Bases 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness MoDOT MoDOT DBE Program- http://www.modot.org/ecr/index.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. 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. 6. Issue Notice to Airmen (NOTAM's) through the applicable FAA Flight Service Station. 7 Guidance for assembling bid package to meet Sponsor's bid letting requirements. 8. Designate contact person (see paragraph 20-A). Exhibit III -1 EXHIBIT IV DERIVATION OF CONSULTANT PROJECT COSTS EXHIBIT V ENGINEERING BASIC AND SPECIAL SERVICES -COST BREAKDOWN Exhibits TV and V - 1 EXHIBIT IV SUMMARY DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS Airfield Lighting Fixture Replacement AE Services - Design Only (No Construction Services) Jefferson City Memorial Airport BASIC & SPECIAL SERVICES October 14, 2019 DIRECT SALARY COSTS TITLE HOURS RATE/HR COST ($) Office Field Contract Principal 1.00 $ 71.00 $ 71.00 $ - $ - Project Manager 40.00 $ 44.00 $ 1,760.00 $ $ Sr. Civil Eng. 39.00 $ 42.00 $ 1,638.00 $ - $ Staff Civil Eng. 53.00 $ 37.00 $ 1,961.00 $ - $ Sr. Electrical Engineer 72.00 $ 64.00 $ 4,608.00 $ $ Staff Electrical Engineer 69.00 $ 38.00 $ 2,622.00 $ - $ Sr. Technician 2.00 $ 34.50 $ 69.00 $ - $ Staff Technician 49.00 $ 30.00 $ 1,470.00 $ - $ - Clerical 3.00 $ 21.00 $ 63.00 $ - $ - Quality Reviewer 10.00 $ 52.00 $ 520.00 $ - $ - Total Hours 338.00 Total Direct Salary Costs $ 14,782.00 $ - $ - 2 LABOR & GENERAL ADMINISTRATIVE OVERHEAD a. Percentage of Direct Salary Cost: (Office Rate) b. Percentage of Direct Salary Cost: (Field Rate) 3 SUBTOTAL Summary of Items No. 1 and No. 2 (a,b,c): 4 PROFIT/FIXED FEE: Percentage: 5 SUBTOTAL Summary of Items No. 1, No. 2 & No. 4: 6 OUT OF POCKET EXPENSES 220.67% $ 32,619.44 220.67% $ $ 47,401.44 $ 10.00% $ 4,740.14 5 $ 52,141.58 $ S $ OFFICE No. of Units Units Cost/Unit Travel: Mileage 350.00 Miles $ 0.580 $ 203.00 Food: Per Diem 3.00 Per Day $ 55.00 $ 165.00 Lodging: Per Diem (incl. taxes) 3.00 Per Day $ 96.00 $ 288.00 Rental Vehicle 0.00 Days $ 65.00 $ Airline 0.00 Hour $ 0.00 $ Printing, Shipping & Misc. $ 1,552.42 Subtotal $ 2,208.42 $ $ Summary of Out of Pocket Expenses: $ 2,208.42 $ $ 7 SUBCONSULTANTS Subtotal $ $ $ 8 MAXIMUM TOTAL FEE Subtotal $ 54,350.00 $ - $ TOTAL (Lump Sum) 54,350.00 EXHIBIT IV SUMMARY Total = Gross Hourly Rates Principal Project Manager i$ BASIC SERVICES 1 ' T Total = 1 2 PRELIMINARY DESIGN 1- $ EXHIBIT V SUMMARY DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS Airfield Lighting Fixture Replacement AE Services - Design Only (No Construction Services) Jefferson City Memorial Airport BASIC & SPECIAL SERVICES October 14, 2019 Sr. Civil Eng. 1 Staff Civil Eng. Sr. Electrical Engineer Staff Electrical Engineer Sr. Technician Staff Technician Field Representative Clerical Quality Reviewer Other Costs 250.44 i $ 155.20 $ 148.15 ; $ 130.51 $ 225.75 1 $ 134.04 1 $ 121.69 ; $ 105.82 1 $ 130.51 1 $ 74.07 ; $ 183.42 1.0 34.0 21,400.00 4.$ DESIGN 30,900.00 1 $ BIDDING S. CONSTRUCTION 3 1 AWARD PHASE 250.44 25.0 22.0 $ 5,276.95 1 $ 3,703.74 1 $ 2,871.28 30.0 2.0 $ 6,772.55 1 $ 268.08 0.0 2.0 + 14.0 ,1 31.0 + 67.0 - s $ 310.41 1 $ 2,074.09 1 $ 4,045.89 $ 8,127.06 1 $ 8,980.68 1 $ 243.39 1 $ 4,550.31 i $ 36.0 0.0 2.0 6.0 0.0 $ 634.93 $ 43.0 1.0 $ 74.07 2.0 Sum: (1,2,3, 4, & 5) $ 366.85 i $ 1,181.12 0.0 0.0 4.0 0.0 0.0 6.0 0.0 1 0.0 0.0 2.0 $ 148.15 0.0 0.0 Sum: (1, 2, 3, 4, & 5) B.0 + $ 1,467.39 i $ 952.63 0.0 Sum: (1, 2, 3, 4, & 5) Total = 1 $2,050.00 1 $ - 1 $ 620.82 1 $ - i $ PART A SUBTOTAL SPECIAL SERVICES 1 Total = 1 , $ 0 PART B SUBTOTAL T .1. 1 $ 54,350.00 $ 1,354.51 1 $ - $ - 1$ - 1$ - i$ $ - i $ 74.67 o.o ; 0.0 - i$ - i$ 0.0 o.o $ - 1$ 0.01 - 1$ - 1$ i$ - 1$ - 1$ 0.0 ? 0.0 o.o ! 0.0 0.0 0.0 Sum: (1, 2, 3, 4, & 5) $ - i $ $ PART A & PART B TOTAL 1 $ 54,350.00 (1) Mileage, Motel & Meals (3) Computer Services (5) Miscellaneous Items Note: Subconsultant Costs (as used) are identified as a Special Services Task. (2) Equipment, Materials & Supplies (4) Vendor Services EXHIBIT V SUMMARY 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: BASIC SERVICES 1. Submittal of Preliminary Design Narrative (PDN) 30 calendar days after receipt of NTP 2. Plans & Specifications a. Submittal of 100% Plans and 45 calendar days Specifications for review after receipt of Sponsor/MoDOT Comments to PDN) b. Submittal of Final Design Narrative and 15 calendar days Plans and Specifications after receipt of for bidding 100% Sponsor/MoDOT review comments 3. Bidding Phase As Required CONSTRUCTION SERVICES 1. Construction Services Not included. SPECIAL SERVICES 1. Not included Exhibit VI - 1