HomeMy Public PortalAboutORD16069BILL NO. 2020-021
SPONSORED BY Councilmember Hussey
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH BURNS & MCDONNELL, ENGINEERING COMPANY, INC. FOR
SERVICES ASSOCIATED WITH THE APRON MAINTENANCE PROJECT 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 City Clerk are hereby authorized to execute an
agreement with Burns & McDonnell Engineering Company, Inc. for services associated
with the Apron Maintenance Project 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: ` g. oZVa�li
Presiding Officer
ATTEST:
N
oaly,Az &L/
Mayor Carrie Tergin
APPROVED AS TO FORM:
City lerk City Attorn
Airport: .1cffcrson City Memorial Airport 0 1. 1 )
MoDOT Project No.: 20-04011-1
Airport Name: .1c17erson Citv Memorial Airport
Project No.: 20-04011-1
County: Callaway County, Missouri
AVIATION PROJECT CONSULTANT AGREEMENT
(FEDERAL ASSISTANCE)
(Revision 04/11/2018)
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; and
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; and
WHEREAS, 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 Section (23)(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.
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MoDOT Project No.: 20-0-1.013-1
(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 Section (23)(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 Section (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 Code of Federal Regulations (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 written consent 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) "USDOT" means the United States Department of Transportation,
headquartered at Washington, D.C., which acts through its authorized representatives.
(N) "SERVICES" includes all professional engineering and related
services and the furnishing of all equipment, supplies, and materials in conjunction with
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Airport: ,Icffcrson City Memorial .AH -port
MoDOT Project No.: 20-04013-1
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
in Exhibit II of this Agreement, entitled "Scope of Services," which is attached hereto and
made a part of this Agreement and as identified herein as follows:
Exhibit 11-A: Preliminary Design, Design, and Bidding & Award Phase Services
Exhibit II -B : Construction Phase Services
(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 for those
additional services. Any changes in the maximum compensation and fee, 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 in Exhibit III of 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 Section (3) of this Agreement. The Consultant shall not be liable for
any errors, omissions, or deficiencies resulting from inaccurate or inadequate information
furnished by the Sponsor which inaccuracies or inadequacies are not detected by the
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MoDOT Project No.: 20-04013-1
Consultant, unless the errors should have been detected by the Consultant through
reasonable diligence.
(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; and if none are expressly
established in this Agreement, published manuals and policies of MoDOT and FAA which
shall be furnished by the Sponsor upon request; and, absent the foregoing, manuals and
policies of the FAA, as published and in effect on the date of this Agreement.
(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 of the Sponsor
project associated with this Agreement or during any phase of work performed by others
on said project that is 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 and
specifications submitted for review by permit authorities, and plans and 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
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MoDOT Project No.: 20-04011-1
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.
(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 0% (zero percent) of the total Agreement dollar value.
(B) Eligibility of DBE's: Only those firms currently certified as DBE's by
MoDOT, City of St. Louis/Lambert Airport Authority, Metro, City of Kansas City, and
Kansas City Area Transportation Authority are eligible to participate as DBEs on this
contract. A list of these firms is available on MoDOT's Office of External Civil Rights
webpage at the following address under the MRCC DBE Directory:
http://www.modot.org/business/contractor_resources/External_Civil_Rights/DBE_progra
m.htm
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Airport: .Icllcrson City Mcmonal .nirhort (JIT)
MoDOT Projcct No.: _20-04013-1
(C) 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. The Consultant shall not discriminate
on the basis of race, color, national origin, or sex in the performance of this Agreement.
The Consultant shall carry out applicable requirements of 49 CFR Part 26 in the award
and administration of DOT assisted contracts. Failure by the Consultant to carry out these
requirements is a material breach of this Agreement, which may result in the termination
of this Agreement or such other remedy as the Sponsor deems appropriate, which may
include, but is not limited to: withholding monthly progress payments; assessing
sanctions-, liquidated damages; and/or disqualifying the Consultant from future bidding as
non -responsible.
1. Policy: It is the policy of the USDOT and the Sponsor that
businesses owned by socially and economically disadvantaged individuals (DBEs) 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 apply to this Agreement.
2. Obligation of the Consultant to DBEs: The Consultant agrees
to assure that DBEs have the maximum opportunity to participate in the 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 DBEs 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. The Consultant shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT assisted
agreements and contracts. Failure by the Consultant to carry out these requirements is a
material breach of this Agreement, which may result in the termination of this Agreement
or such other remedy, as the recipient deems appropriate.
3. Geographic Area for Solicitation of DBEs: The Consultant
shall seek DBEs in the same geographic area in which the solicitation for other
Subconsultants is made. If the Consultant cannot meet the DBE goal using DBEs 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 Meetino 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
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Airport: Jefferson City Memorial .Airport Ol'T)
MoDOT Project No.: -0-0408- I
DBE partner in the joint venture.
C. The Consultant may count toward the DBE goal
expenditures to DBEs 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 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 DBEs 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. 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 DBEs 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 Subsection (7)(A).
The Consultant must document the good faith efforts it made to achieve that DBE goal, if
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Airport: .1cCfcrson Oty 14cmorWI .nirhort (JH-)
MoDOT Project No.: 20-04013-1
the agreed percentage specified in Subsection (7)(C)(8) below is less than the percentage
stated in Subsection (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 DBEs 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 DBEs that their interest in a subconsultant agreement is solicited in sufficient time
to allow the DBEs to participate effectively.
D. Followed up on initial solicitations of interest by
contacting DBEs to determine with certainty whether the DBEs were interested in
subconsulting work for this Agreement.
E. Selected portions of the services to be performed by
DBEs 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).
F. Provided interested DBEs with adequate information
about plans, specifications and requirements of this Agreement.
G. Negotiated in good faith with interested DBEs, and did
not reject DBEs as unqualified without sound reasons based on a thorough investigation
of their capabilities.
H. Made efforts to assist interested DBEs 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 at least 0%
(zero percent) of the total services to be performed under this Agreement, by dollar value.
All DBE firms which the Consultant intends to use, including DBE firm participation above
and beyond the goal established in Subsection (7)(A), and the type and dollar value of
the services each DBE will perform, is as follows:
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Airport: .Icffcrson City Mcmonal .nirhort (.I}T)
MoDOT Project No.: 20.04013_ I
9. Good Faith Efforts to Obtain DBE Participation: If the
Consultant's agreed DBE goal amount as specified in Subsection (7)(C)(8) is less than
the Sponsor's DBE goal given in Subsection (7)(A), then the Consultant certifies good
faith efforts were taken by Consultant in an attempt to obtain the level of DBE participation
set by the Sponsor in Subsection (7)(A). Documentation of the Consultant's good faith
efforts is to be submitted with this Agreement to the Sponsor and a copy submitted to
MoDOT.
(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):
List all Subconsultant(s) to be used for any piece of work outlined in this
agreement, excluding DBE Firms listed in the DBE Participation Subsection (7)(C)(8),
DBE Participation Obtained by Consultant, in this agreement. If none, write "N/A" in the
first row of the first column.
FIRM NAME
COMPLETE ADDRESS
NATURE OF SERVICES
SUBCONTRACT
AMOUNT
(E)
6700 Stephens
Geotechnical
$2,000.00
(C)
Station Road, Suite
DOLLAR
(F)
(A)
(B)
DOLLAR
PERCENT
AMOUNT
PERCENT OF TOTAL
DBE NAME AND
TYPE OF
VALUE OF
APTO
APPLICABLE
CONTRACT
ADDRESS
DBE
DBE SUB_
DBL
E TO DBE
TO DBE
(C /TOTAL CONTRACT
SERVICE
CONTRACT
GOAL
GOAL
AMOUNT)
(100%,60%)
(C x D)
N/A
N/A
N/A
N/A
N/A
N/A
TOTAL DBE PARTICIPATION
$0.00
0%
9. Good Faith Efforts to Obtain DBE Participation: If the
Consultant's agreed DBE goal amount as specified in Subsection (7)(C)(8) is less than
the Sponsor's DBE goal given in Subsection (7)(A), then the Consultant certifies good
faith efforts were taken by Consultant in an attempt to obtain the level of DBE participation
set by the Sponsor in Subsection (7)(A). Documentation of the Consultant's good faith
efforts is to be submitted with this Agreement to the Sponsor and a copy submitted to
MoDOT.
(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):
List all Subconsultant(s) to be used for any piece of work outlined in this
agreement, excluding DBE Firms listed in the DBE Participation Subsection (7)(C)(8),
DBE Participation Obtained by Consultant, in this agreement. If none, write "N/A" in the
first row of the first column.
FIRM NAME
COMPLETE ADDRESS
NATURE OF SERVICES
SUBCONTRACT
AMOUNT
Terracon
6700 Stephens
Geotechnical
$2,000.00
Consultants, Inc.
Station Road, Suite
Pavement Corings
101, Columbia, MO
65202
Archer -Elgin
310 East 6t" Street,
Topographical
$1,900.00
Rolla, MO 65401
Survey
(B) The Consultant agrees and shall require the selected
Subconsultants to maintain books, documents, papers, accounting records, and other
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MoDOT Project No.: 20-04013-1
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 of its authorized representatives (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, professional liability and
worker's compensation and employer's liability insurance, or alternatively, a comparable
umbrella insurance policy submitted to and approved by MoDOT, for not less than the
period of services under such subconsultant agreements, and in an amount equal to the
Sponsor's sovereign immunity caps as stated in section 537.600 RSMo and subsequently
adjusted by the Missouri Department of Insurance. If the statutory limit of liability for a
type of liability specified in this section is repealed or does not exist, the minimum
coverage shall not be less than the following amounts:
1. Commercial General Liability: $500,000.00 per person up to
$3,000,000.00 per occurrence;
2. Automobile Liability: $500,000.00 per person 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 Liability: $1,000,000.00, 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 Section (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 or MoDOT.
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
and any Subconsultant shall be an actual cost plus fixed fee agreement if the amount of
the agreement between the Consultant and Subconsultant exceeds Twenty -Five
Thousand Dollars ($25,000). Subconsultant agreements for amounts of $25,000 or less
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WDOT Project No.: ?0-04013-1
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)
Lump Sum, not to Exceed - Preliminary Design, Design, and Bidding & Award Phases
plus Project Closeout Phase: The amount to be paid to the Consultant by the Sponsor as
full remuneration for the performance of all lump sum, not to exceed 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 as
shown in TABLE A and in Exhibit IV -A, "Derivation of Consultant Project Costs for
Preliminary Design, Design, and Bidding & Award Phase Services, and Exhibit V-A,
"Engineering Basic & Special Services -Cost Breakdown for Preliminary Design, Design,
and Bidding & Award Phases" and Exhibit IV -B, "Derivation of Consultant Project Costs
for Construction Phase Services" and Exhibit V -B, "Engineering Basic & Special Services -
Cost Breakdown for Consultant Project Costs for Construction Phase Services" 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.
TABLE A
Summary of Lump Sum_ , not to Exceed Tasks and Costs
Worksheet
Task
Cost
Exhibit IV -A
Preliminary Design, Design, and Bidding & Award
Phases
$72,00.00
Exhibit IV -B
Construction Phase Services: Project Closeout Phase
$8,680.00
Total Cost
$80,690.00
Actual Cost plus Fixed Fee, not to Exceed - Construction Phases Services (Office),
Construction Phase Services (Field), and Construction Materials Testing: The amount to
be paid to the Consultant by the Sponsor as full remuneration for the performance of all
cost plus fixed fee, not to exceed services called for in this Agreement will be on the basis
of the Consultant's actual costs plus a fixed fee as shown in TABLE B and in Exhibit IV-
B, "Derivation of Consultant Project Costs for Construction Phase Services" and Exhibit
V -B, "Engineering Basic & Special Services -Cost Breakdown for Consultant Project Costs
for Construction Phase Services" 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.
Roo. M 04 ?ozo
Airport: Jefferson City Memorial Airport OFF)
MoDOT Project No.: 20-04013-1
TABLE B
Su mary of Cost Plus Fized Fee, not to Exceed Tasks and Costs
Worksheet
Task
Cost
Exhibit IV -B
Construction Phase Services: Office
$28,450.00
Exhibit IV -B
Construction Phase Services: Field
$43,400.00
Exhibit IV -B
Construction Phase Services: Terracon — Construction
Materials Testing
$7,000.00
Total Cost
$78,850.00
(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, Procurement, Management, and Administration of Engineering and Design Related
Services. 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 in Subsections
(9)(C) 1 and 2 will be established based on the latest audit.
5. The Consultant shall provide a detailed man hour/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
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Airport: .lefferson City Memorial Airport
MoDOT Project No.: 20-040[3-1
Subconsultant fees, including overhead and profit, when requested by the Sponsor and/or
MoDOT. Once the cumulative amount to be paid to a Subconsultant by the Consultant,
as full remuneration for the performance of services, as called for in this Agreement and
any supplemental agreements hereafter, equals or exceeds Twenty -Five Thousand
Dollars ($25,000), submittal of a separate Exhibit IV, "Derivation of Consultant Project
Costs" and Exhibit V, "Engineering Basic and Special Services -Cost Breakdown",
prepared to solely reflect the Subconsultant's fees shall be attached hereto and made a
part of this Agreement, subject to the process described in Section (3) of this Agreement.
These Exhibits prepared to reflect the Subconsultant's fees shall be labeled Exhibit IV -A
and Exhibit V-A, respectively.
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.
9. The Consultant agrees to pay each Subconsultant under this
Agreement for satisfactory performance of its contract no later than 15 days from the
Consultant's receipt of each payment the Consultant receives from the Sponsor. The
Consultant agrees further to return retainage payments to each Subconsultant within 15
days after the Subconsultant's work is satisfactorily completed. Any delay or
postponement of payment from the above referenced time frame may occur only for good
cause following written approval of the Sponsor. This clause applies to both DBE and
non -DBE Subconsultants.
(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
30 days from receipt, pay the Consultant for the services rendered, including the
proportion of the fixed fee earned 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 30 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. The payment,
other than the fixed fee, will be subject to final audit of actual expenses incurred during
the period of the Agreement.
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MoDOT Project No.: -20-040f3-1
(E) For Exhibit II -B only, the Sponsor may hold a percentage of the
amount earned by the Consultant, not to exceed two percent (2%), until 100% of services
as required by Section (2), "Scope of Services," of this Agreement are completed and
have been received 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 all services required by Section (2), "Scope of Services,"
the two percent (2%) retainage will be paid to the ConsultantAs an alternative to
withholding 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 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 percent 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 Consultant and Sponsor will be required to meet the schedules
in this Agreement. The Sponsor will grant time extensions for delays due to
unforeseeable causes beyond the control of and without fault or negligence of the
Consultant and no claim for damage shall be made by either party. 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. 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, except as otherwise
provided in Section (3) for additional/changed work and differing/unforeseen conditions.
Any extensions or additional costs shall be subject to MoDOT approval.
(C) As used in this provision, the term "delays due to unforeseeable
causes" include but are not limited to the following:
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;
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MoDOT Project No.: 20-04013-1
4. Court proceedings;
5. Changes in services or extra services.
(11) TERMINATION OF AGREEMENT— 2 CFR & 200 Appendix II(B):
(A) Termination for Convenience:
1. The Sponsor may, by written notice to the Consultant,
terminate this Agreement for its convenience and without cause or default on the part of
the Consultant. Upon receipt of the notice of termination, except as explicitly directed by
the Sponsor, the Consultant must immediately discontinue all services affected.
2. Upon termination of the Agreement, the Consultant must
deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps,
photographs, estimates, summaries, and other documents and materials prepared by the
Consultant under this Agreement, whether complete or partially complete.
3. The Sponsor agrees to make just and equitable compensation
to the Consultant for satisfactory work completed up through the date the Consultant
receives the termination notice. Compensation will not include anticipated profit on non -
performed services.
4. The Sponsor further agrees to hold the Consultant harmless
for errors or omissions in documents that are incomplete as a result of the termination
action under this clause.
(B) Termination for Default:
1. Either party may terminate this Agreement for cause if the
other party fails to fulfill its obligations that are essential to the completion of the work per
the terms and conditions of the Agreement. The party initiating the termination action must
allow the breaching party an opportunity to dispute or cure the breach.
2. The terminating party must provide the breaching party seven
days advance written notice of its intent to terminate the Agreement. The notice must
specify the nature and extent of the breach, the conditions necessary to cure the breach,
and the effective date of the termination action. The rights and remedies in this clause
are in addition to any other rights and remedies provided by law or under this agreement.
3. Termination by the Sponsor:
a. The Sponsor may terminate this Agreement, in whole
or in part, for the failure of the Consultant to:
i. Perform the services within the time specified in
this Agreement or by Sponsor -approved extension;
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MoDOT Project No.: ?0-04013-1
ii. Make adequate progress so as to endanger
satisfactory performance of the Project; or
iii. Fulfill the obligations of the Agreement that are
essential to the completion of the Project.
b. Upon receipt of the notice of termination, the
Consultant must immediately discontinue all services affected unless the notice directs
otherwise. Upon termination of the Agreement, the Consultant must deliver to the
Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the Consultant
under this Agreement, whether complete or partially complete.
C. The Sponsor agrees to make just and equitable
compensation to the Consultant for satisfactory work completed up through the date the
Consultant receives the termination notice. Compensation will not include anticipated
profit on non -performed services.
d. The Sponsor further agrees to hold Consultant
harmless for errors or omissions in documents that are incomplete as a result of the
termination action under this clause.
e. If, after finalization of the termination action, the
Sponsor determines the Consultant was not in default of the Agreement, the rights and
obligations of the parties shall be the same as if the Sponsor issued the termination for
the convenience of the Sponsor.
4. Termination by Consultant:
a. The Consultant may terminate this Agreement in whole
or in part, if the Sponsor:
i. Defaults on its obligations under this
Agreement;
ii. Fails to make payment to the Consultant in
accordance with the terms of this Agreement; or
iii. Suspends the Project for more than one
hundred eighty (180) days due to reasons beyond the control of the Consultant.
b. Upon receipt of a notice of termination from the
Consultant, the Sponsor agrees to cooperate with the Consultant for the purpose of
terminating the Agreement or a portion thereof, by mutual consent. If the Sponsor and
Consultant cannot reach mutual agreement on the termination settlement, the Consultant
may, without prejudice to any rights and remedies it may have, proceed with terminating
16
Rev. W04/2020
Airport: JC11'erson City Memorial Airport 01.11')
MoDOT Project No.: 20-04013-1
all or parts of this Agreement based upon the Sponsor's breach of the Agreement.
C. In the event of termination due to Sponsor breach, the
Consultant is entitled to invoice the Sponsor and to receive full payment for all services
performed or furnished in accordance with this Agreement and all justified reimbursable
expenses incurred by the Consultant through the effective date of termination action. The
Sponsor agrees to hold the Consultant harmless for errors or omissions in documents
that are incomplete as a result of the termination action under this clause.
(12) 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
Agreement shall be determined in accordance with 37 CFR Part 401. The standard
patent rights clause at 37 CFR § 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;
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Airport: .Icffcrson City Manorial Airport (IFF)
MoDOT Project No.: ?0-04013-1
II. Paragraphs(g)(2) and (g)(3) of the clause shall
be deleted; and
III. Subsection (1) of the clause, entitled
"communication" shall read as follows: "(1) Communication. All notifications required by
this clause shall be submitted to the Sponsor ".
IV. The following terms in 37 CFR 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, MoDOT, and/or FAA in data files compatible with AutoCAD Civi13D 2018
(specify CADD version) and Adobe PDF. 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 calendar 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.
However, any changes requested by the Sponsor during the 60 calendar day acceptance
period that constitute Additional Services under Section (3) shall be compensated in
accordance with the terms of the 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
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Rev. 08,04;2020
Airport: Jefferson City Memorial /lirhort (.11-:F)
MoDOT Project No.: ?0-040B- I
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.
(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 within sixty (60) days
of the Consultant's receipt of payment for the retained percentage. Notwithstanding
Section (23) 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 Subsections (13)(C) and (D) does not apply
to any claims of the Sponsor against the Consultant. Further, any claims of the Sponsor
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MoDOT Project No.: 20-04013- 1
against the Consultant under this Agreement are not waived or estopped by the claims
procedure in Subsections (13)(C) and (D).
(F) Not withstanding Subsections (13)(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.
(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 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.
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MoDOT Project No.: 20-040B-1
(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 person up to
$3,000,000.00 per occurrence;
2. Automobile Liability: $500,000.00 per person 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) In lieu of the minimum coverage stated in Subsections (16)(C)(1)
and (C)(2) above, the Consultant may obtain insurance at all times in an amount equal to
the Sponsor's sovereign immunity caps as stated in section 537.600 RSMo and
subsequently adjusted by the Missouri Department of Insurance. If the statutory limit of
liability for a type of liability specified in this section is repealed or does not exist, the
Consultant shall obtain insurance with the minimum coverage stated in Subsections
(16)(C)(1) and (C)(2) above.
(E) 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.
(F) Any insurance policy required as specified in Section (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 includes 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
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MoDOT Project No.: 20-04OB-1
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: During the performance of this
Agreement, the Consultant, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Consultant") agrees as follows:
(A) Compliance With Regulations: The Consultant will comply with the
"Title VI List of Pertinent Nondiscrimination Acts and Authorities", as they may be
amended from time to time, which are herein incorporated by reference and made a part
of this Agreement. In addition, the Consultant shall comply with all state statutes related
to nondiscrimination.
(B) Nondiscrimination: The Consultant, with regard to the work
performed by it during the Agreement, will not discriminate on the grounds of race, color,
or national origin in the selection and retention of Subconsultants, including procurements
of materials and leases of equipment. The Consultant will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities,
including employment practices when the Agreement covers any activity, project, or
program set forth in Appendix B of 49 CFR Part 21.
(C) Solicitations for Subcontracts, Including Procurements of Materials
and Equipment: In all solicitations, either by competitive bidding or negotiation made by
the Consultant for work to be performed under a subcontract, including procurements of
materials, or leases of equipment, each potential Subconsultant or supplier will be notified
by the Consultant of the Consultant's obligations under this Agreement and the
Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.
(D) Information and Reports: The Consultant will provide all information
and reports required by the Acts, the Regulations, and directives issued pursuant thereto
and will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the Sponsor, MoDOT or the FAA to be pertinent to
ascertain compliance with such Nondiscrimination Acts and Authorities and instructions.
Where any information required of the Consultant is in the exclusive possession of
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MoDOT Project No.: 20-04OB-1
another who fails or refuses to furnish the information, the Consultant will so certify to the
Sponsor, MoDOT or the FAA, as appropriate, and will set forth what efforts it has made
to obtain the information.
(E) _Sanctions for Noncompliance: In the event of a Consultant's
noncompliance with the nondiscrimination provisions of this Agreement, the Sponsor will
impose such contract sanctions as it, MoDOT, or the FAA may determine to be
appropriate, including, but not limited to:
1. Withholding payments to the Consultant under this
Agreement until the Consultant complies; and/or
2. Cancelling, terminating, or suspending this Agreement, in
whole or in part.
(F) Incorporation of Provisions: The Consultant will include these
nondiscrimination provisions in every subcontract, including procurements of materials
and leases of equipment, unless exempt by the Acts, the Regulations and directives
issued pursuant thereto. The Consultant will take action with respect to any subcontract
or procurement as the Sponsor, MoDOT or the FAA may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided, that if the Consultant
becomes involved in, or is threatened with litigation by a Subconsultant or supplier
because of such direction, the Consultant may request the Sponsor or the United States
to enter -into such litigation to protect the interests of the Sponsor or United States.
(H) Title VI List of Pertinent Nondiscrimination Acts and Authorities:
During the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest (hereinafter referred to as the "Consultant") agrees to comply with
the following nondiscrimination statutes and authorities, including, but not limited to:
1. Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et
seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);
2. 49 CFR Part 21 (Non -Discrimination in Federally -Assisted
Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights
Act of 1964);
3. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 USC § 4601) (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or Federal -aid
programs and projects);
4. Section 504 of the Rehabilitation Act of 1973 (29 USC § 794
et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR Part
27;
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Rev. 08/04/2020
Airport: Jefferson City Memorial Airport (.11,T)
MODOI' Project No.: 20-04013-1
5. The Age Discrimination Act of 1975, as amended (42 USC §
6101 et seq.) (prohibits discrimination on the basis of age);
6. Airport and Airway Improvement Act of 1982 (49 USC § 471,
Section 47123), as amended (prohibits discrimination based on race, creed, color,
national origin, or sex);
7. The Civil Rights Restoration Act of 1987 (PL 100-209)
(Broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of
1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of
1973, by expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal -aid recipients, sub -recipients and contractors,
whether such programs or activities are Federally funded or not);
8. Titles II and III of the Americans with Disabilities Act of 1990,
which prohibit discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation, and certain
testing entities (42 USC §§ 12131-12189) as implemented by U.S. Department of
Transportation regulations at 49 CFR Parts 37 and 38;
9. The FAA's nondiscrimination statute (49 USC § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
10. Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low -Income Populations, which
ensures nondiscrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
11. Executive Order 13166, Improving Access to Services for
Persons with Limited English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency (LEP). To
ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
and
12. Title IX of the Education Amendments of 1972, as amended,
which prohibits you from discriminating because of sex in education programs or activities
(20 USC § 1681 et seq.).
(19) APPROVAL: This Agreement is made and entered into subject to the
approval of MoDOT.
24
Rev. 08/04/2020
Airport: Jefferson City Memorial ! hport 01T)
MoDOT Project No.: ?0-040B-1
(20) AVIATION FEDERAL AND STATE CLAUSES:
(A) Civil Rights — 49 USC § 47123: The Consultant agrees to 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
disability be excluded from participating in any activity conducted with or benefiting from
Federal assistance. This provision binds the Consultant and any subconsultants from the
solicitation period through the completion of the Agreement. This provision is in addition
to that required of Title VI of the Civil Rights Act of 1964.
(B) Trade Restriction Certification — 49 U.S.C. $ 50104, 49 CFR Part 30:
1. By execution of this Agreement, the Consultant certifies that
with respect to this Agreement, the Consultant:
A. is not owned or controlled by one or more citizens of a
foreign country included in the list of countries that discriminate against U.S. firms as
published by the Office of the United States Trade Representative (USTR);
B. has not knowingly entered into any contract or
subcontract for this project with a person that is a citizen or national of a foreign country
included on the list of countries that discriminate against U.S. firms as published by the
USTR; and
C. has not entered into any subcontract for any product to
be used on the project that is produced in a foreign country included on the list of countries
that discriminate against U.S. firms published by the USTR.
2. This certification concerns a matter within the jurisdiction of
an agency of the United States of America and the making of a false, fictitious, or
fraudulent certification may render the maker subject to prosecution under Title 18, United
States Code, Section 1001.
3. The Consultant must 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
circumstances. The Consultant must require subconsultants provide immediate written
notice to the Consultant if at any time it learns that its certification was erroneous by
reason of changed circumstances.
4. 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:
A. who is owned or controlled by one or more citizens or
nationals of a foreign country included on the list of countries that discriminate against
U.S. firms published by the USTR; or
25
Rev. 08/04/2020
Airport: Jefferson City Memorial Airport (IF" )
MoDOT Project No.: 20-04OB- I
B. whose subconsultants are owned or controlled by one
or more citizens or nationals of a foreign country on such USTR list; or
C. who incorporates in the public works project any
product of a foreign country on such USTR list.
5. 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.
6. The Consultant agrees that it will incorporate this provision for
certification without modification in all lower tier subcontracts. The Consultant may rely
on the certification of a prospective subconsultant that it is not a firm from a foreign country
included on the list of countries that discriminate against U.S. firms as published by USTR,
unless the Consultant has knowledge that the certification is erroneous.
7. This certification is a material representation of fact upon
which reliance was placed when entering into this Agreement. If it is later determined that
the Consultant or subconsultant knowingly rendered an erroneous certification, MoDOT
or the FAA may direct through the Sponsor cancellation of the Agreement for default at
no cost to the Sponsor, MoDOT or the FAA.
(C) Eligible Employees - Executive Order 07-13:
1. The Consultant shall comply with all the provisions of
Executive Order 07-13, issued by the Honorable Matt Blunt, Governor of Missouri, on the
sixth (6th) day of March, 2007. This Executive Order, which promulgates the State of
Missouri's position to not tolerate persons who contract with the state engaging in or
supporting illegal activities of employing individuals who are not eligible to work in the
United States, is incorporated herein by reference and made a part of this Agreement.
By signing this Agreement, the Consultant hereby certifies that any employee of the
Consultant assigned to perform services under this Agreement is eligible and authorized
to work in the United States in compliance with federal law. In the event the Consultant
fails to comply with the provisions of Executive Order 07-13, or in the event the Sponsor
has reasonable cause to believe that the Consultant has knowingly employed individuals
who are not eligible to work in the United States in violation of federal law, the Sponsor
reserves the right to impose such contract sanctions as it may determine to be
appropriate, including but not limited to contract cancellation, termination or suspension
in whole or in part or both.
2. The Consultant shall include the above -provision concerning
said Executive Order within every subcontract. The Consultant shall take such action
with respect to any subcontract as the Sponsor may direct as a means of enforcing such
provisions, including sanctions for noncompliance.
26
Rev. 08/04/2020
Airport: .leff'erson City Memorial Airport (.IFF)
MoDOT Project No.: ?0-04013-1
(D) Texting While Driving — Executive Order 13513, DOT Order 3902.10:
1. In accordance with Executive Order 13513, "Federal
Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order
3902.10 "Text Messaging While Driving" (12/30/2009), FAA encourages recipients of
Federal grant funds to adopt and enforce safety policies that decrease crashes by
distracted drivers, including policies to ban text messaging while driving when performing
work related to a grant or sub -grant.
2. In support of this initiative, the Sponsor encourages the
Consultant to promote policies and initiatives for its employees and other work personnel
that decrease crashes by distracted drivers, including policies that ban text messaging
while driving motor vehicles while performing work activities associated with the project.
The Consultant must include the substance of this clause in all sub -tier contracts
exceeding Three Thousand Five Hundred Dollars ($3,500) and involve driving a motor
vehicle in performance of work activities associated with the project.
(E) Veteran's Preference — 49 USC § 47112(c): In the employment of
labor (except in executive, administrative, and supervisory positions), the Consultant and
all subconsultants must give preference to covered veterans as defined within Title 49
U.S.C. § 47112. Covered veterans include Vietnam era veterans, Persian Gulf veterans,
Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as
defined by 15 U.S.C. § 632) owned and controlled by disabled veterans. This preference
only applies when there are covered veterans readily available and qualified to perform
the work to which the employment relates.
(F) Federal Fair Labor Standards Act (Federal Minimum Wage) — 29
USC § 201, et seg.: All contracts and subcontracts that result from this Agreement
incorporate by reference the provisions of 29 CFR Part 201, the Federal Fair Labor
Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA
sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and
part-time workers. The Consultant has full responsibility to monitor compliance to the
above -referenced statute and regulation. The Consultant must address any claims or
disputes that arise from this requirement directly with the U.S. Department of Labor —
Wage and Hour Division.
(G) Occupational Safety and Health Act of 1970 — 20 CFR Part 1910: All
contracts and subcontracts that result from this Agreement incorporate by reference the
requirements of 29 CFR Part 1910 with the same force and effect as if given in full text.
The Consultant must provide a work environment that is free from recognized hazards
that may cause death or serious physical harm to the employee. The Consultant retains
full responsibility to monitor its compliance and its subconsultants' compliance with the
applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part
1910). The Consultant must address any claims or disputes that pertain to a referenced
requirement directly with the U.S. Department of Labor— Occupational Safety and Health
Administration.
(H) Energy Conservation Requirements — 2 CFR § 200, Appendix II(H):
The Consultant and any subconsultants agree to comply with mandatory standards and
27
Rev. 08/04/2020
Airport: Jd'lcr,,on City Mcnionat Airport OEF)
MoDOT Project No.: 20-040B- t
policies relating to energy efficiency as contained in the state energy conservation pian
issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.).
(1) Debarment and Suspension (Non -Procurement) — 2 CFR Part 180
(Subpart C), 2 CFR Part 1200, DOT Order 4200:5 DOT Suspension & Debarment
Procedures & Ineligibility
1. By executing this Agreement, the Consultant certifies that
neither it nor its principals are presently debarred or suspended by any Federal
department or agency from participation in this Agreement.
2. The Consultant, by administering each lower tier
subconsultant agreement that exceeds $25,000 as a "covered transaction", must verify
each lower tier Subconsultant participant of a "covered transaction" under the project is
not presently debarred or otherwise disqualified from participation in this federally
assisted project. The Consultant will accomplish this by:
A. Checking the System for Award Management at
website: https:llwww.sam.gov.
B. Collecting a certification statement similar to the
statement in Subsection (20)(1)1.
C. Inserting a clause or condition in the covered
transaction with the lower tier Subcontractor.
3. If the Sponsor, MoDOT or the FAA later determines that a
lower tier participant failed to disclose to a higher tier that it was excluded or disqualified
at the time it entered the covered transaction, the Sponsor, MoDOT or the FAA may
pursue any available remedy, including suspension or debarment of the non-compliant
participant.
(J) Lobbying and Influencing Federal Employees — 31 U.S.C. § 1352, 2
CFR § 200 Appendix II J 49 CFR Part 20 Appendix A:
1. The Consultant certifies by execution of this Agreement, to the
best of its knowledge and belief, that:
A. No Federal appropriated funds have been paid or will
be paid, by or on behalf of the Consultant, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
25
R«<, 08 0-l'?020
Airport: Jefferson City Memorial Airport 0F]")
MoDOT Project No.: 20-0408-1
B. If any funds other than Federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
C. The Consultant shall require that the language of this
Subsection (20)(F) be included in the award documents for all sub -awards at all tiers
(including subcontracts, sub -grants, and contracts under grants, loans, and cooperative
agreements) and that all sub -recipients shall certify and disclose accordingly.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission
of this certification is a prerequisitive for making or entering into this transaction imposed
by Section 1352, Title 31, United States Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than Ten Thousand Dollars
($10,000) and not more than One Hundred Thousand Dollars ($100,000) for each such
failure.
(K) Contract Workhours and Safety Standards Act Requirements= 2
CFR § 200 Appendix II (E)):
1. Overtime Requirements: No contractor or subcontractor
contracting for any part of the Agreement work which may require or involve the
employment of laborers or mechanics shall require or permit any such laborer or
mechanic, including watchmen and guards, in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; Liability for Unpaid Wages; Liquidated Damages: In
the event of any violation of the clause set forth in Subsection (20)(K)1. above, the
contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the Sponsor
and/or the United States for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in Subsection (20)(K)1. above, in the
sum of Ten Dollars ($10) for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in Subsection (20)(K)1. above.
3. Withholding for Unpaid Wages and Liquidated Damages: The
FAA, MoDOT or the Sponsor shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld
from any monies payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime
29
Rev. 08/04/2020
Airport: Jefferson City Memorial Airport OFF)
MoDOT Project No.: 20-0408-1
contractor, or any other Federally -assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime contractor, such sums as may
be determined to be necessary to satisfy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set forth in
Subsection (20)(K)2. above.
4. Subcontractors: The contractor or subcontractor shall insert in
any subcontracts the clauses set forth in this Subsection (20) and also a clause requiring
the subcontractor to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this Subsection (20).
(L) Breach of Contract Terms Sanctions - 2 CFR §200 Appendix II(A):
Any violation or breach of the terms of this Agreement on the part of the Consultant or
any Subconsultant may result in the suspension or termination of this Agreement or such
other action that may be necessary to enforce the rights of the parties of this Agreement.
The Sponsor will provide the Consultant written notice that describes the nature of the
breach and corrective actions the Consultant must undertake in order to avoid termination
of this Agreement. The Sponsor reserves the right to withhold payments to the Consultant
until such time the Consultant corrects the breach or the Sponsor elects to terminate this
Agreement. The Sponsor's notice will identify a specific date by which the Consultant
must correct the breach. The Sponsor may proceed with termination of this Agreement if
the Consultant fails to correct the breach by deadline indicated in the Sponsor's notice.
The duties and obligations imposed by the Agreement and the rights and remedies
available thereunder are in addition to, and not a limitation of, any duties, obligations,
rights and remedies otherwise imposed or available by law.
(M) Clean Air and Water Pollution Control — 2 CFR 200 § 200, Appendix
Imo: The Consultant agrees:
1. To comply with all applicable standards, orders, and
regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671 q) and the Federal
Water Pollution Control Act, as amended (33 U.S.C. § 1251-1387); and
2. To report any violation to the Sponsor immediately upon
discovery. The Sponsor assumes responsibility for notifying the Environmental Protection
Agency and the FAA.
(N) Not used.
(0) Not used.
(P) Certification of Consultant Regarding Tax Delinquency and Felony
Convictions: The Consultant certifies that it is not a corporation that:
1. Has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted or have lapsed,
30
Rev. 08/03%2020
Airport: Jefferson Oily Memorial AH -port OFT)
MoDOT Project No.: 20-040B- I
and that is not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; or
2. Was convicted of a criminal violation under any Federal law
within the preceding twenty-four (24) months.
(21) 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.
(22) 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, the FAA, and
the Comptroller General of the United States 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.
(23) 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:
31
Rev. 08/04/2020
Airport: .Icfferson City M\ 2morial AH -port 01-T)
MoDOT Project No.: 20-04013-1
NAME AND TITLEOF SPONSOR'S
REPRESENTATIVE
PE Operation Division Director
r. MBritt Smith, —p
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:
NAME AND TITLE OF
CONSULTANT'S REPRESENTATIVE
Mr. David Hadel, PE — Manager, Aviation Services
g
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.
(24) 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.
(25) CONFIDENTIALITY: The Consultant agrees that the Consultant's services
32
Rev. 08 04 2020
Airport: Jefferson City Memorial Airport OFF)
MoDOT Projcct No.: 30-04013-1
under this Agreement are 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 Consultant's lawyers, accountants, insurers, and 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.
(26) 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.
(27) 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.
(28) PAYMENT BOND: In the event that any subconsultants are used to supply
at least fifty thousand dollars ($50,000) worth of materials and/or labor not within the
scope of environmental assessment services or licensed professional services as defined
by chapter 327, RSMo, the Consultant shall require any such subconsultants to provide
laborers and materialmen with adequate bond security. Payment bonds shall be
executed by any such subconsultants with the subconsultant as principal and a surety
company authorized to do business in the State of Missouri as surety, and any agent
executing the same on behalf of a subconsultant or surety company must attach a current
Power of Attorney setting forth sufficient execution authority. Said payment bonds must
be acceptable to the Sponsor to cover all materials used, all labor performed, and all
insurance premiums necessary to comply with Section 107.170, RSMo, and must be
provided to the Sponsor prior to the performance of such subconsultant services under
this Agreement.
(29) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment signed and
approved by the duly authorized representative of the Sponsor and the Consultant.
33
Rev. 08/04/2020
Airport: .elder cin City Memorial .nincort (.1FI:)
MoDOT Project No.: ?0-0408-1
(30) 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 -A: Scope of Services — Preliminary Design, Design &
Bidding and Award Phases.
Exhibit II -B: Scope of Services — Construction Phase Services
(C) Exhibit II -C: Current FAA Advisory Circulars, Standards, Guidance
and MoDOT Standards
(D) Exhibit III: Services Provided by the Sponsor.
(E) Exhibit IV -A: Derivation of Consultant Project Costs for Preliminary
Design, Design, and Bidding & Award Phases.
Exhibit IV -B: Derivation of Consultant Project Costs for Construction
Phase Services
(F) Exhibit V-A: Engineering Basic & Special Services - Cost
Breakdown For Preliminary Design, Design, and
Bidding & Award Phases
Exhibit V -B: Engineering Basic & Special Services — Cost
Breakdown for Consultant Project Costs for
Construction Phase Services
(G) Exhibit VI: Performance Schedule
34
Rev. 08 04,2020
Airport: Jefferson City Memorial Airport (JEF)
MoDOT Project No.: ?0-040B-1
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement,
executed by their respective proper officials, on the date last written below.
Executed by the Consultant the day of 12020.
Executed by the Sponsor the day of f1ri1� , 2020.
Consultant: Sponsor:
City of Jefferson, Missouri Burns & McDonnell Engineering Company,
Inc.
By: By:
Signature Signatu
Title: Mayor
ATTEST:
Title: Manager, Aviation Services
ATTEST:
By: a,, By:
ignature
Signature
Title: Title: Project Manager
APPROVED AS TO FORM:
By:
ignature
Title: City Attorney
35
Rev. 08/04/2020
Airport: .Icl'lcrson City klcmori'.d /airport OIT)
MoDOT Project No.: ?0-040B-1
414:11 1111
PROJECT DESCRIPTION
1. Provide professional engineering services for the Preliminary Design, Design, and
Bidding & Award phases and Construction phase of the maintenance project for the
main and north aprons at the Jefferson City Memorial Airport (JEF). This project
includes the following maintenance items:
a. Replacement (full depth) of the existing asphalt transition between the main
ramp and north ramp.
b. Removal and remarking of the existing main ramp and north ramp pavement
centerline markings. Does not include aircraft parking positions.
c. Joint resealing and isolated spall repair on the main ramp. (allowance -based
spall repair)
d. Isolated panel replacement on the north ramp. (allowance -based)
Exhibit I -1
Airport: .Icffcrson City Memorial Airport 01:I-')
MoDOT Project No.: _20-04011-1
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:
EXHIBIT II -A: Preliminary Design, Design, and Bidding & Award Phase Services
BASIC SERVICES
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 SPONSOR. Maximum of two team members for one day.
c. Develop Scope of Services and Fee Estimate.
d. Develop scope of work for geotechnical services.
e. Develop scope of work for topographical survey.
f. Prepare and submit preliminary design narrative (letter form) for SPONSOR
and Missouri Department of Transportation (MoDOT) review.
g. Develop preliminary construction cost estimate for proposed project.
h. Develop preliminary construction schedule.
i. Develop preliminary Construction Safety & Phasing Plan (CSPP).
j. Develop and submit Federal Aviation Administration (FAA) Form 7460-1.
k. Perform an internal Quality Review by independent senior level staff (Q2).
I. CATEX / Environmental Clearance document excluded.
m. Stormwater Pollution Prevention Plan (SWPPP) excluded.
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
iii. Access & Safety Plans & Notes
iv. Construction Phasing Plans
V. Demolition Plans
vi. Site Plans (including markings)
vii. Jointing and Elevation Plans
viii. Jointing/Pavement Details
ix. Marking and Repair Details
Exhibit II -A -1
Airport: .Icfferson City Memorial Airport 011)
MoDOT Projcct No.: '0-040B- I
b. Prepare MoDOT/FAA and SPONSOR front-end documents.
c. Prepare technical specifications.
d. Prepare final engineering design narrative letter.
e. Revise the preliminary cost estimate for final engineer's estimate of
probable cost.
f. Revise the preliminary construction schedule.
g. Perform internal Quality Review of the technical specifications, construction
drawings, and design narrative with an independent review team (Q3, Q4,
Q5 and Q6).
h. Incorporate quality review team's comments.
i. Submit project front ends, technical specifications, construction drawings,
and design narrative to SPONSOR and MoDOT for 100% review.
j. Revise contract documents per SPONSOR and MoDOT review.
k. Submit final project technical specifications, and construction drawings for
SPONSOR'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. Assist the SPONSOR with advertisement for bids and send "Notice to
Bidders" to prospective contractors. (SPONSOR shall place advertisements
in appropriate media.)
b. Answer questions, clarify points, and issue addenda as necessary
pertaining to the Contract Documents during the bidding phase.
C. Attend and conduct the pre-bid meeting and record minutes.
d. Tabulate and analyze bid results, review contractor's qualifications, and
make recommendation of contract award to SPONSOR. Attendance of the
bid opening is excluded.
e. Assist SPONSOR with preparing contract documents.
f. Assist SPONSOR with preparing grant application documents.
SPECIAL SERVICES
A. Topographical Survey
1. Establish horizontal control at the airport for project use.
2. Establish vertical control at the airport for project use.
3. Obtain topography and above ground features in location of existing asphalt
transition replacement.
B. Geotechnical:
Obtain up to six (6) pavement cores near the area of the existing asphalt
transition replacement to verify thicknesses of the various pavement
sections.
Exhibit II -A -2
Airport: Jcl'lcr,,on City Memorial Ali -port (.11:1')
MoDOT Projcct No.: "_'0-04013-1
EXHIBIT 11-B : Construction Phase Services
BASIC SERVICES
1. Construction Phase Services (Office): Construction duration is preliminarily
estimated at 45 Calendar Days for the Contractor's performance time during the
2021 Calendar Year. The CONSULTANT has assumed the successful Contractor
will work Monday thru Friday for 32 actual working days. These assumptions are
subject to revision during design development and bidding/ construction award
phases. A modified scope of work and corresponding fee adjustment may be
warranted pending a final review of the completed contract documents with the
SPONSOR and MoDOT.
This phase will include providing construction phase services for the construction
of the Project including the following activities:
a. Develop Issued for Construction (IFC) Documents and provide five copies
of documents to the Contractor.
b. Attend and conduct, at the Airport, one preconstruction meeting with the
Contractor, SPONSOR, and MoDOT. This meeting will be attended by the
CONSULTANT'S Project Manager and Resident Project Representative.
The preconstruction conference will comply with FAA Central Region, AIP
Sponsor Guide, Section 1040. Meeting minutes will be prepared by the
CONSULTANT and distributed to the point of contact for each attending
entity.
C. Develop Contractor's construction contracts and facilitate execution of
contracts with the SPONSOR and MoDOT.
d. Develop a Construction Observation Program, (COP). This document will
outline the general responsibilities of the SPONSOR, MoDOT,
CONSULTANT and Construction Contractor. The document will be
developed in accordance to FAA's Section 1030 — Construction
Observation Program. The COP will include the following items:
i. 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.
ii. Names of testing laboratories and a certificate of
accreditation, indicating proficiency in specific test standards.
iii. Names of other engineering firms with quality assurance
responsibilities for the Project including a description of the services
to be provided by each firm.
iv. Listing of qualifications for the CONSULTANT'S management
team including; Project Manager, site observers, laboratory
personnel, and testing personnel.
V. Listing of tests required by the contract specifications,
including the type and frequency of tests to be taken, the method of
Exhibit it -B -1
Airport: Jefferson (lily Memorial Ali -port 01-T)
MoDOT Project No.: ?0-0408-1
sampling, the applicable test standard, and the acceptance criteria
or tolerances permitted for each type of test.
vi. 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.
(d) Mix designs meet project specifications and
CONSULTANT'S review is properly documented.
(e) Quality and quantity of materials meet project
requirements.
e. Perform shop drawing reviews, material certifications and "Buy American"
verifications as received from the Contractor. The CONSULTANT estimates
8 original shop drawings will be reviewed. It is assumed 40% of the initial
submittals will need to be resubmitted by the Contractor and re -reviewed by
the CONSULTANT. It is assumed 2 -hours per review and 1 -hr per re -review
(includes administrative processing). As a result, an amount not -to -exceed
20 hours are allotted for this effort.
f. Respond to field issues throughout the duration of the construction. It is
assumed this effort will require 3 hours per week for a not -to -exceed total
of 21 hours.
g. Prepare and procure construction services contracts for material testing
laboratory.
h. Review and provide recommendations for monthly and final Contractor pay
estimates and submit weekly progress reports. Assumed to be two pay
estimates at 1 -hour each and seven progress reports at 1 -hour each for a
not -to -exceed total of 9 hours.
i. Prepare routine Change Orders as requested by SPONSOR. This effort
assumes 1 change order at 8 hours per change order for a not -to -exceed
total of 8 hours.
j. Coordinate and review weekly test reports. CONSULTANT assumes 1 hour
per week for a duration of 7 weeks and not -to -exceed 7 total hours.
k. Conduct weekly progress meetings via conference call and prepare
meeting minutes. CONSULTANT assumes 2 -hours per week for 7 -weeks
for a not -to -exceed total of 14 hours.
I. Project Management: CONSULTANT shall provide project management
throughout the duration of construction. This effort is estimated at 2 hours
per week for a duration of 7 weeks for a not -to -exceed 14 total hours.
M. Make milestone site visits. The planned site visits are as follows:
i. Trip No. 1: Observe the initial base rock installation
operations. The duration of this trip (including travel, time on site,
preparation, and reporting) will be 10 hours.
ii. Trip No. 2: Observe the initial paving operations. The duration
of this trip (including travel, time on site, preparation, and reporting)
will be 12 hours.
Exhibit II -B -2
Airport: .Icfl'erson Oily Memorial .nir0ort
MoDOT Project No.: 20-04013-1
iii. Trip No. 3: Attend final walk through with the SPONSOR and
MoDOT. The duration of this trip (including travel, time on site,
preparation, and reporting) will be 10 hours.
2. Construction Phase Services (Field): Construction duration, at this time, is
assumed to be 45 Calendar Days. The CONSULTANT has assumed the
successful Contractor will work Monday thru Friday for 32 actual working days.
The costs associated with Construction Phase Services (Office) and Construction
Phase Services (Field) are subject to revision based on the development of the
design and the actual award timeline of the Project.
This phase will include providing construction phase services for the construction
of the Project including the following activities:
a. Provide a Resident Project Representative (RPR) on site for 32 working
days, Monday thru Friday, for 8 hours per day or for a not -to -exceed
duration of 256 hours. The RPR will be responsible for the following
reporting:
i. Weekly Reports: Testing summaries, weather reports, DBE
reports, labor and equipment reports, and weekly progress photos.
The weekly reports will be submitted on a weekly basis to the
OWNER and MoDOT.
ii. Final Report: At the conclusion of the Project, the
CONSULTANT shall submit a final test and quality control report
documenting the results of tests performed. The reports shall
include the pay reductions applied and justification of accepting any
out -of -tolerance materials.
iii. Wage Rate Interviews and DBE Compliance Reports: These
reports will be conducted on a random basis as work progresses
throughout the duration of the Project.
b. Keep an ongoing record set of drawings based on the Contractor's onsite
red lined drawings.
C. Attend and conduct the preconstruction meeting and weekly construction
progress meetings.
d. Prepare a final punch list for the Project.
CONSULTANT'S RPR will observe the progress and quality of the executed Work, and
to determine, in general, if the Project is proceeding in reasonably close conformance
with the Contract Documents.
3. Project Closeout Phase: This includes activities for verification of punch list
completion, providing final project closeout documentation and creating a record
set of conforming to construction records drawings. The specific elements of work
include:
Exhibit II -B -3
Airport: Jellcrson City Mcmorial .niiport (.IFF)
MoDOT Project No.: 20-04013-1
a. Prepare and submit to the SPONSOR and MoDOT one (1) electronic set of
Conforming to Construction Record drawings in .pdf format submitted
electronically. The CONSULTANT will prepare the Conforming to
Construction Record drawings which will be finalized after construction
completion of the total project. These drawings will be developed from
documentation created by the Contractor and CONSULTANT throughout
the duration of the Project. CONSULTANT shall be entitled to rely on the
documentation created and provided by the Contractor.
b. Prepare and submit to the SPONSOR and MoDOT a Final Testing Report.
C. ALP drawing update is excluded as the proposed maintenance work does
not warrant an update.
d. Final Construction Report: The CONSULTANT will prepare information for
the final construction report work in accordance with the FAA Central
Region, Airport Sponsor Guide, Section 1610, Development Project
Closeout.
SPECIAL SERVICES
A. Construction Materials Testi
1. Perform materials testing (field and laboratory) as required by the COP. This
item is subject to revision based on the development of the design and the
actual award timeline of the Project.
Exhibit 11-B -4
Airport: .leFlerson City Memorial Airport (.IEF)
MoDOT Project No.: ?0-04013-1
EXHIBIT II -C
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED
PROJECTS
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 I TITLE
70/7460-1 L Obstruction Marking and Lighting
Change 2
150/5000-9A [Announcement of Availability Report No. DOT/FAAIPP/92-5, Guidelines for
he 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
Airport Master Plans
Changes 1-2
[Airport Field Condition Assessments and Winter Operations Safety
150/5070-7
The Airport System Planning Process
Change 1
150/5100-13B I Development of State Standards for Non Primary Airports
150/5100-17,
Land Acquisition and Relocation Assistance for Airport Improvement
Changes 1-7
Program Assisted Projects
150/5200-28F
Notices to Airmen (NOTAMS) for Airport Operations
150/5200-30D
[Airport Field Condition Assessments and Winter Operations Safety
Change 1
150/5200-31C Airport Emergency Plan
Changes 1-2
150/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue and Fire Fighting Communications
150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14B 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)
Exhibit 11-C -1
Airport: Jefferson City Memorial Airport (IEF)
MoDOT Project No.: '_0-04013-1
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles - [
1150/5220-16E
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
15015220-20A Airport Show and Ice Control Equipment
150/5220-21 C Aircraft Boarding Equipment
150/5220-22B I Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
15015220-23
Frangible Connections
150/5220-24
--
150/5220-25
Foreign Object Debris Detection Equipment
-------------------------------------------------------------
Airport Avian Radar Systems
150/5220-26
i Changes 1-2
Airport Ground Vehicle Automatic Dependent Surveillance –Broadcast
(ADS -B) Out Squitter Equipment
150/5300-13A Airport Design
Change 1
150/5300-14C
Design of Aircraft Deicing Facilities
150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant
Projects I
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 General Guidance and Specifications for Submission of Aeronautical
Changell Surveys to NGS: Field Data Collection and Geographic Information System
(GIS) Standards
105/5320-5D [Airport Drainage Design j
150/ 35 20-6F I Airport Pavement Design and Evaluation
150/5320-12C
Changes1-8
[Measurement, Construction, and Maintenance of Skid Resistant Airport
ment Surfaces j
15015320-15A _[_Management of Airport Industrial Waste
150/5320-17A Airfield Pavement Surface Evaluation and Rating Manuals
150/5235-413
[RunwaLength Requirements for Airport Design C
I
Exhibit II -C -2
Airport: Jefferson City Memorial Airport 0E' )
MoDOT Project No.: 20-0408- I
150/5335-5C
Standardized Method of Reporting Airport Pavement Strength -PCN
150/5340-1 L
[ Standards for Airport Markings
[150/5i40-5iD
Segmented Circle Airport Marker System
150/5340-18F
[Standards for Airport Sign Systems
150/5340-26C
Maintenance of Airport Visual Aid Facilities
,150/5340-30J
! Design and Installation Details for Airport Visual Aids
150/5345-3G
Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B
Circuit Selector Switch
15015345-7F
Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-1 OH
Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F
Specification for Airport and Heliport Beacons
15015345-13B
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
15015345-26D
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 (PAP[) Systems i
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
150/5345-43JSper
i
cification for Obstruction Lighting Equipment
150/5345 -44K
Specification for Runway and Taxiway Signs
150/5345-45C
Low -Impact Resistant (LIR) Structures u
150/5345-46E
f
----- -----
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
150/5345-51 B
Specification for Discharge -Type Flasher Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
Exhibit II -C -3
Airport: .Ieflcrson City Memorial Airport (.IFF)
MoDOT Project No.: 20-04013-1
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
150/5370-2G
Closure
150/5345-5613
Specification for L-890 Airport Lighting Control and Monitoring System
150/5370-11 B
(ALCMS)
[150/5360-12F
Airport Signing & Graphics
15015360-13A
Airport Terminal Planning
150/5360-14A
Access to Airports by Individuals with Disabilities
150/5370-2G
Operational Safety on Airports During Construction
150/5370-1 OH
i 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
150/5370-16
150/5370-17
Airside Applications for Artificial Turf
Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
Airside Use of Heated Pavement Systems
150/5390-2C Heliport Design
15015395-1 B I Seaplane Bases
150/5380-6C
150/5380-713
150/5380-9
MoDOT
Guidelines and Procedures for Maintenance of Airport Pavements
j Airport Pavement Management Program
Guidelines and Procedures for Measuring Airfield Pavement Roughness
MoDOT DBE Program- http://www.modot.org/ecr/index.htm
Exhibit II -C -4
Airport: .Icffer on City Memorial Airport
MoDOT Project No.: 20-04013-1
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 costs 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. Disadvantaged business enterprise (DBE) goals for the project based upon
proposed bid items, quantities and opinions of construction costs.
10. Guidance for assembling bid package to meet Sponsor's bid letting requirements.
11. Designate contact person (see Section (23)(A)).
12. Pay costs for title searches.
Exhibit III -1
Airport: Jefferson Cily Memorial Airport (.IEF)
MoDOT Projccl No.: 20-04OB- I
EXHIBIT IV
DERIVATION OF CONSULTANT PROJECT COSTS
EXHIBIT V
ENGINEERING BASIC AND SPECIAL SERVICES -COST BREAKDOWN
Exhibits TV and V -
EXHIBIT IV -A SUMMARY
DERIVATION OF CONSULTANT PROJECT COSTS
SUMMARY OF COSTS
Apron Maintenance Project
Preliminary Design, Design, and Bidding & Award Phase Services
Jefferson City Memorial Airport
BASIC & SPECIAL SERVICES
July 21, 2020
1 DIRECT SALARY COSTS
TITLE HOURS
Principal 4.00
Project Manager 70.00
Sr. Civil Eng. 75.00
Staff Civil Eng. 149.00
Sr. Technician 10.00
Staff Technician 151.00
Geotechnical Engineer 12.00
Clerical 3.00
Quality Reviewer 24.00
Resident Project Representative 0.00
Total Hours 498.00
Total Direct Salary Costs
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
RATE HR
No. of Units
Units
COST 61
Office
Field
Contract
$ 71.00
$
284.00
$
$
S 42.00
$
2,940.00
$
$
$ 42.00
$
3,150.00
$
$
$ 34.00
$
5,066.00
S
$
$ 34.50
5
345.00
$
$
S 32.00
$
4,832.00
5
$
$ 65.00
5
780.00
5
$
$ 21.00
$
63.00
$
$
$ 52.00
$
1,248.00
$
$
$ 38.00
$
-
$
5
$ 18,708.00 $ $
219.39% $ 41,043.48
219.39% $
$ 59,751.48 $ - $
10.00% $ 5,975.15 $ $
$ 65, 726.63 $ . $
OFFICE
No. of Units
Units
Cost/Unit
Travel; Mileage
700.00
Miles
$ 0.575
$
402.50
Food: Per Diem
3.00
Per Day
$ 55.00
$
165.00
Lodging: Per Diem (incl. taxes)
0.00
Per Day
S 96.00
$
-
Rental Vehicle
0.00
Days
$ 65.00
$
Airline
0.00
Hour
$ 0.00
$
Printing, Shipping & Misc.
$
1,815.87
Subtotal
$
2,383.37
$ $
FIELD
No. of Units
Units
Cost/Unit
Travel: Mileage
0.00
Miles
$ 0.575
$ $
Food: Per Diem
0.00
Per Day
$ 55.00
$ $
Lodging: Per Diem (incl. taxes)
0.00
Per Day
$ 96.00
S 5
Rental Vehicle
0.00
Days
5 65.00
$ $
Airline
0.00
Hour
$ 0.00
S $
Printing, Shipping & Misc.
$ $
-
Subtotal
$
$ $
Summary of Out of Pocket Expenses:
$
2,383.37
$ $
7 SUBCONSULTANTS
Archer -Elgin Survey
$
$ $
1,900.00
Terracon - Geotechnical
$
$ $
2,000.00
Subtotal
$
$ $
3,900.00
8 MAXIMUM TOTAL FEE
Subtotal
$
68,110.00
$ $
3,900.00
EXHIBIT IV -A SUMMARY
EXHIBIT IV -B SUMMARY
DERIVATION OF CONSULTANT PROJECT COSTS
SUMMARY OF COSTS
Apron Maintenance Project
Construction Phase Services
Jefferson City Memorial Airport
BASIC & SPECIAL SERVICES
July 21, 2020
1 DIRECT SALARY COSTS
TITLE HOURS
Principal 1.00
Project Manager 92.00
Sr. Civil Eng. 52.00
Staff Civil Eng. 50.00
Sr. Technician 4.00
Staff Technician 22.00
Geotechnical Engineer 8.00
Clerical 6.00
Quality Reviewer 0.00
Resident Project Representative 288.00
Total Hours 523.00
Total Direct Salary Costs
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:
S SUBTOTAL
Summary of Items No. 1, No. 2 & No. 4:
6 OUT OF POCKET EXPENSES
RATE HR
No. of Units
Units
COST
Travel; Mileage
1,400.00
Office
Field Contract
$ 71.00
$
71.00
$ $
$ 42.00
$
3,864.00
$ $
$ 42.00
$
2,184.00
$ $
$ 34.00
$
1,700.00
$ $
$ 34.50
$
138.00
$ $
$ 32.00
$
704.00
$ 5
$ 65.00
$
520.00
$ $
$ 21.00
$
126.00
S $
$ 52.00
$
-
$ $
$ 38.00
$
-
$ 10,944.00 $
OFFICE
No. of Units
Units
Cost/Unit
Travel; Mileage
1,400.00
Miles
$ 0.575
Food: Per Diem
4.00
Per Day
$ 55.00
Lodging: Per Diem (incl. taxes)
0.00
Per Day
$ 96.00
Rental Vehicle
0.00
Days
$ 65.00
Airline
0.00
Hour
5 0.00
Printing, Shipping & Misc.
$ 1,815.00
$
Subtotal
$
FIELD
No. of Units
Units
Cost/Unit
Travel: Mileage
3,410.00
Miles
$ 0.575
Food: Per Diem
33.00
Per Day
$ 55.00
Lodging: Per Diem (incl. taxes)
32.00
Per Day
$ 96.00
Rental Vehicle
0.00
Days
$ 65.00
Airline
0.00
Hour
$ 0.00
Printing, Shipping & Misc.
Subtotal
Summary of Out of pocket Expenses:
7 SUBCONSULTANTS
Terracon - Construction Materials Testing
Subtotal
8 MAXIMUM TOTAL FEE
Subtotal
$ 9,307.00 $ 10,944.00 $
219.39% $ 20,418.63
219.39% $ 24,010.04
$ 29,725.63 $ 34,954.04 $ .
10.00% $ 2,972.56 $ 3,495.40 $
EXHIBIT IV -B SUMMARY
$ 32,698.19 $ 38,449.45 $ .
$ 805.00
$ 220.00
5 -
5 -
$ 1,270.73
$ 1,295.73
$ -
$
$ 1,960.75
$
$ 1,815.00
$
$ 3,072.00
$
$ 238.88
$
$ -
$ 7,086.63
$
$ 2,295.73
$ 7,086.63
$
$ -
$
$ 7,000.00
$ -
$
$ 7,000.00
$ 34,993.92
$ 45,536.08
$ 7,000.00
PRELIMINARY
1 DESIGN i
}---- ---------------------- -�
Total = i $ 18,300.00 1$
DESIGN r
%2
EXHIBIT V-A SUMMARY
DERIVATION OF CONSULTANT PROJECT COSTS
SUMMARY OF COSTS
Apron Maintenance Project
Preliminary Design, Design, and Bidding & Award Phase Services
Jefferson City Memorial Airport
BASIC & SPECIAL SERVICES
p Project 9 Eng. Sr. Stall i Geotechnical I Clerical Quality iResident Project
j Other Costs
Principal Manager I Sr. Civil En Staff Civil E I I Technician Engineer 1 Reviewer ? Representative
2.01
...................
........ .._--------33=---i--------21.0
2.46E $
- $ 1:573.95 i $
498.89 i $
4,869.42 i $
3,098.72 E $
................
t
t--- ---------------t---
1.212.09E$14.952.56%$
2.0
13.0 i
i
54.0 E
498.89 ; $
1.918.26 ? $
7.968.14 $
32.0 1 0.0 ; 14.01
...................
f................
2.46E $
- $ 1:573.95 i $
t---------------
,
91.0;
10.0; 133.0?
0.12E$
1.212.09E$14.952.56%$
BIDDING &
Sum: (1, 2, 3,
12.0E
1.0E
4.0 E
CONSTRUCTION
0.37E $
73.78E $
730.76 $_
$ 891,65
- t --
3 AWARD PHASE
_t -
E
Sum: (1, 2, 3,
0.0 1
24.01
0.0E
26.01
0.0
4.0
Total= E E $ 7,590.00 ' $
' '
' $
3,541.40E $
° $
3,105.75 ° $
E Sum: (1, 2, 3,
-t-----------------L
•-OA ! ---------------
r
PART A SUBTOTAL
0.0 r---
$
E$
E$
- is 493.15
$
68,110.00
--------------------------------------------------......................................... -.....
SPECIAL SERVICES
------------•-----•--------------------------------------------------------------------------------------------•------------------•-----------------•-------------------•---
E E Archer -Elgin Survey
10.0 ; 0.0E
I I I
0.0E 0.0E 0.0E
I
0.01
........................ -----+------------------------+
-------------------
+---
------------- t-------
------F ---------------
-+---- -
------------ +--•
Total= %$ 1,900.00;$
-- - - •
E$
- -•
E$
- - E$
__. $
E$ .............
E$
Terracon -
2 Geotechnical0.0
i
0.0 i
0.0
0.0E
0.0E
0.04
1------------------_._.....4- --------------------
--------------------{------------------t------------------t-----------------f------------------
--
Total= 1 % $ 2,000.00 is
E $
- is
: $
: $
: $
;$
-------------------y----------------------------------------_----- ---................... ......_............. .................. ............. --.
PART B SUBTOTAL $ 3,900.00
---------------------........................... ........--------------------- -
..................... •--• .........................i............... -------------------------------------------------------------------
PART A & PART B TOTAL
(1) Mileage, Motel & Meals (3) Computer Services (5) Miscellaneous Items
(2) Equipment, Materials & Supplies (4) Vendor Services
EXHIBIT V-A SUMMARY
0.0 1 0.0 1 0.0 1
-----+------------------+------------------+
- E$ - E$ - E$
------------------------
0.0 i 0.0 .1 0.0
-----+-----------------+------------------
E Sum: (1, 2, 3,
0.0E 4,&5)
$ 1,900.00
Sum: (1, 2, 3,
0.01 4,&5)
$ 2,000.00
Sum: (1, 2, 3,
12.0E
1.0E
4.0 E
0.0 : 4, 8 5)
0.37E $
73.78E $
730.76 $_
$ 891,65
- t --
-- I
_t -
Sum: (1, 2, 3,
4,&5)
0.02.0E
-------------
-
20.0;
-
0.0
......---«------............--
i
-E $
147.56 $
3,653.82 1 $
i $ 998.57
E Sum: (1, 2, 3,
E 4,&5)
•-OA ! ---------------
r
0.O-
0.0 r---
$
E$
E$
- is 493.15
0.0 1 0.0 1 0.0 1
-----+------------------+------------------+
- E$ - E$ - E$
------------------------
0.0 i 0.0 .1 0.0
-----+-----------------+------------------
E Sum: (1, 2, 3,
0.0E 4,&5)
$ 1,900.00
Sum: (1, 2, 3,
0.01 4,&5)
$ 2,000.00
CONSTRUCTION
t PHASE SERVICES
4 (OFFICE)
Total = 1 : $ 28,450.00 t $
--F --- -h --------------------------
CONSTRUCTION i
PHASE SERVICES
5 ' (FIELD)
EXHIBIT V -B SUMMARY
DERIVATION OF CONSULTANT PROJECT COSTS
SUMMARY OF COSTS
Apron Maintenance Project
Construction Phase Services
Jefferson City Memorial Airport
BASIC & SPECIAL SERVICES
July 21, 2020
----------------•----------------•----------------•------------- -----------------------------------------.....--------*----------------^-----------------------------------•------------------
i I
Projectt Staff Geotechnical Quality ; Resident Project;
Principal ; Sr. Civil Eng. ; Staff Civil Eng.: Sr. Technician: Clerical Other Costs
Manager Technician Engineer Reviewer Representative
- - - +- -- ...... -- ------------------------------------�-----------------
249.44 1 $ 147.56 $ 147.56 1 $ 119.45: $ 121.21 1 $ 112.43 1 $ 228.36 $ 73.78 1 $ 182.69 1 $ 133.51 1
t Sum: (1, 2, 3,
4, & 5)
1.0 ; 8B.0? 42.0 ! 34.0 ; 2.0 ; 6.0 ; 8.0 1 2.0 1 0.0 ; -------------------------------
249.44 $ 12,985.12: $ 6,197.44 1 $ 4,061.36 $ 242.42 $ 674.55 $ 1,826.91 1 $ 147.56 $ $ $ 2,065.19
F----------------- ---- '----------------- &----------------- t ---------------- ---- ------------a -
PART A SUBTOTAL
$ 80,530.00
SPECIAL SERVICES
Terracon -
3 i Construction
Materials Testing 0.0 i 0.01 0.0 0.0 : 0.0 i
Total= j $ 7,000.00 ; $ - ---- --- ------ - - --------------------------------
PART B SUBTOTAL $ 7000.00
-------------------------------------------- } - --- ------------ ------------------------------------------------------------
------ -"---"-"----- -------------------------y-------------------------------------------------------------------------------------------------
PART A & PART B TOTAL I $ 87,530.00
-------------------------------------------------------------------------------
(1) Mileage, Motel & Meals (3) Computer Services (5) Miscellaneous Items
(2) Equipment, Materials & Supplies (4) Vendor Services
EXHIBIT V -B SUMMARY
0.0
'-----F----------- ----F---------------- f ................ .i -------------------
0.0 1 0.0" 0.0 ?
0.0 i
0.0 i 0.0 j
43 400.00 $
= -
t $ ' $ ' $
- I----------------=---------------
t
- $
$ t $
- - i -
PROJECT
>
T---------
0.0;
6 CLOSEOUT PHASE:
L------------------------- `---------------------•-----------
0.0 ; 4.0 10.0 ;
- - -
16.01
--------- --
2.0 16.0
Total = ; $ 8,680.00 ; $
; $ 590.23 $ 1,475.58 $
1,911.23 ; $
242.42 $ 1.798.80 i $
F----------------- ---- '----------------- &----------------- t ---------------- ---- ------------a -
PART A SUBTOTAL
$ 80,530.00
SPECIAL SERVICES
Terracon -
3 i Construction
Materials Testing 0.0 i 0.01 0.0 0.0 : 0.0 i
Total= j $ 7,000.00 ; $ - ---- --- ------ - - --------------------------------
PART B SUBTOTAL $ 7000.00
-------------------------------------------- } - --- ------------ ------------------------------------------------------------
------ -"---"-"----- -------------------------y-------------------------------------------------------------------------------------------------
PART A & PART B TOTAL I $ 87,530.00
-------------------------------------------------------------------------------
(1) Mileage, Motel & Meals (3) Computer Services (5) Miscellaneous Items
(2) Equipment, Materials & Supplies (4) Vendor Services
EXHIBIT V -B SUMMARY
0.0
'-----F----------- ----F---------------- f ................ .i -------------------
Sum: (1, 2, 3,
4, & 5)
0.0;
0.0;
0.0;
272.0;
_ $t
}------------'---
t
$
----•--------r------------....4
- $
,
36,313.37 1 $ 7,086.63
...................
r
Sum: (1, 2, 3,
0.0 :
4.0 ;
0.0 ;
16.0 ; 4, & 5)
$
295.12 $
$
2.136.08 $ 230.54
Sum: (1, 2, 3,
4, & 5)
0.0 ; 0.0 ; 0.0 ; - -
• $ ? $ 1 $ : $ 7.00a.00
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
A. Preliminary Phase
1. Submittal of Preliminary Design Report 25 calendar days
(assumes 14 calendar days after receipt of NTP
for MoDOT review)
B. Design Phase
1. Plans & Specifications
a. Submittal of 100% Plans and Contract 20 calendar days
Documents/Specifications for review after receipt of
(assumes 21 calendar MoDOT, FAA &
days for MoDOT review) Sponsor preliminary
report comments
b. Submittal of Final Design Report and Plans (10) calendar days
and Contract Documents/Specifications after receipt of 100%
for bidding review comments
(MoDOT, FAA &
Sponsor)
C. Bidding Phase As Required
CONSTRUCTION SERVICES
1. Construction Services
SPECIAL SERVICES
A. Topographical Survey
B. Geotechnical
C. Construction Materials Testing
Exhibit V[ - 1
As Required
21 calendar days
after receipt of NTP
21 calendar days
after receipt of NTP
As Required