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HomeMy Public PortalAboutORD14000 BILL NO. 2005-134 • SPONSORED BY Councilman Dean Martin ORDINANCE NO. )`4 901) AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES MASTER AGREEMENT WITH BURNS AND MCDONNELL FOR THE PURPOSE OF PROVIDING CONSULTANT ENGINEERING AND DESIGN SERVICES TO THE JEFFERSON CITY MEMORIAL AIRPORT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized to execute a professional services master agreement for projects at the Jefferson City Memorial Airport with Burns and McDonnell. Section 2. The 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: ld, agUglo A r ved.!� /! AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between THE CITY OF JEFFERSON,MISSOURI And BURNS&McDONNELL ENGINEERING COMPANY,INC. Kansas City,Missouri THIS AGREEMENT is made as of 1'e Vwun r,i 6 ,20c4'by and between The City of Jefferson, Missouri(hereinafter called OWNER)and Bums&McDonnell Engineering Company, Inc.,a Missouri Corporation specializing in consulting engineering services(hereinaler called ENGINEER). OWNER from time to time requires professional engineering services in connection with the construction,operation,maintenance,management,and financing of engineering and planning services for Missouri Department of Transportation(MoDOT),Federal Aviation Administration(FAA)and non- FAA sponsored Airport Improvement Projects(AB'), Therefore,OWNER and ENGINEER in consideration of their mutual covenants agree as follows: ENGINEER shall serve as OWNER's professional engineering consultant in those assignments to which this Agreement applies,and shall give consultation and advice to OWNER during the performance of ENGINEER's services, All services shall be performed under the direction of a professional engineer registered in the State of Missouri and qualified in the particular field. • SECTION I -AUTHORIZATION OF SERVICES 1.1 Services on any assignment shall be undertaken only upon written Authorization of OWNER and agreement of ENGINEER. Contract Agreements and Assignments: Projects that are administered through the MoDOT for aviation related services and where federal and/or state hands are obtained for such services,the OWNER and ENGINEER agree to utilize the required Contract Documents as famished by the MoDOT. All other assignments shall adhere to the terms and conditions of this Agreement as herein defined. Regardless of which Contract Documents arc declared applicable,the period of service as stated in SECTION 5 -PERIOD OF SERVICE shall apply. 1.2 Assignments may include,but not be limited to,the Planning Design and Construction Phase Services of the following: 1.2.1 Airport pavement rehabilitation,maintenance,construction,earthwork,and improvements, including runway/taxiway extension,crack-fill,seal-coal,overlay,marking,strengthening,etc. 1.2.2 Development of an Airport Layout Plan in accordance with FAA Advisory Circular No. 150/5070.6A. 1.2.3 Preparation of a Certificate of Title,including an Exhibit"A"Property Map. • Jefferson City Memorial Airport A4 Agreement for Professional December 13,2005 Consulting Services JEFFCTY.AGR 1.2.4 Perform Aeronautical Surveys to satisfy requirements for Instrument Approach Procedures. 1.2.5 Assistance with required environmental actions and documentation. 1.2.6 Assistance with land acquisition of airport development,and for compliance with FAA standards and regulations, 1.2.7 Airport lighting,electrical or navigational aid improvements. 1.2,8 Design,engineering,construction,and renovation of airport buildings,including Air Traffic Control Tower, Enclosure for Airfield Lighting Regulators,Terminal Maintenance Facility,ARFF Facility,Fuel Storage Containment Area,and Hangars. 1.2,9 Additional services required to complete projects as identified by the OWNER and as identified on the airport master plan documents. 1.2.10 Other projects AIP or non-AIP eligible that maybe required. 1.3 Assignments may include services described hereafter as Basic Services or as Additional Services of ENGINEER, SECTION 2-BASIC SERVICES OF ENGINEER • 2.1 General 2.1.1 Perform professional design services in connection with specifically authorized Projects as stated in Section 1 -Authorization of Services and as specifically defined in the Authorization for Professional Engineering Services which shall include normal civil,structural,mechanical,electrical and environmental engineering services and normal architectural design and planning services incidental thereto, 2.1.2 Advise OWNER as to the necessity of its providing or obtaining services or data from others of types described in paragraph 43,make recommendations as to the possible sources of such services,and act as OWNER's representative in connection with any such services. 2.1.3 The ENGINEER shall perform services related to projects as authorized by the OWNER consistent with those project delineated and contained under SECTION I -AUTHORIZATION OF SERVICES, However,nothing herein shall preclude the ENGINEER from providing the OWNER,upon request,with additional services or extra work relative to and in connection with the specific projects listed in SECTION I -AUTHORIZATION OF SERVICES, 2,2 Preliminary Phase 2,2.1 This phase involves those activities required for defining the scope of a project and establishing preliminary requirements. Some examples of activities within this phase of a project include; • Agreement for Professional A-2 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR 1 'e 2.2,1.1 Conferring with the OWNER on project requirements, finances,schedules,early phase of the project,and other pertinent matters affecting the project. Preparing pre-and final applications for federal assistance, 2.2.1.2 Planning,procuring,and/or preparing necessary surveys,geotechnical engineering investigations, field investigations,and architectural and engineering studies required for preliminary design considerations. 2.2.1.3 Developing project recommendations,preliminary layouts and cost estimates. 2.3 Design Phase 2.3.1 Tins phase includes all activities required to undertake and accomplish project design documents showing the character and scope of work to be performed by contractors on the project. Examples include: 2.3.1,1 Conducting and attending meetings and design conferences to obtain information and to coordinate or resolve design matters, 2.3.1.2 Collecting engineering data and undertaking field surveys and investigations;performing geotechnical engineering studies;and architectural,engineering,and special environmental studies. 2,11.3 Preparing necessary engineering reports and recommendations. 23.1 A Preparing detailed plans,specifications and cost estimates, 2.3,1,5 Printing and providing necessary copies of engineering drawings and Contract specifications, 2.4 Bidding or Negotiating Phase • 2.4.1 These activities are sometimes considered separate or as part of the construction phase. They involve assisting the sponsor in advertising and securing Bids,negotiating for services,analyzing Bid results,furnishing recommendations on the award of contracts,and preparing Contract Documents, 2.5 Construction Phase 2.5.1 This phase includes all basic services rendered after award of a construction contract, including,but not limited to,the following activities: 2.5,13 Provide consultation and advice to the OWNER during all phases of construction, 2.5.1,2 Representing the OWNER at prcconstruction conferences, 2.5,1.3 Visit the work in progress at intervals appropriate to the stages of construction and provide appropriate reports to the OWNER, 2.5.1.4 Review and accept submittals of contractors for conformance with the design concept and intent of Contract Drawings submitted by contractors for compliance with design concept. 2.5.1,5 Reviewing,analyzing,and approving laboratory and mill test reports of materials and equipment, 2,5.1,6 Preparing and negotiating change orders and supplemental Agreements. 2.5.1.7 Observing or reviewing performance tests required by specifications. 2,5.1,8 Determining amounts owed to contractors and assisting OWNER in the preparation of payment requests for amounts reimbursable from grant projects, 2,5.1.9 Making final observation and submitting a report of the completed project to the OWNER. 2.5.1,9.1 As OWNER's consultant,ENGINEER shall not be responsible for construction means, methods,techniques,sequences or procedures,or for safety precautions or programs,or for Contractor's • failure to perform construction work in accordance with the Contract Documents, Jefferson City Memorial Airport A•3 Agreement for Professional December 13,2005 Consulting Services JEFFCfY.AGR 2.5.2.0 Prepare a Record Set of drawings revised to show significant changes made during construction of the Project in accordance with records provided by CONTRACTOR and ENGINEER's Resident Project Representative. SECTION 3-ADDITIONAL SERVICES OF ENGINEER 3.1 General If authorized in writing by OWNER and agreed to in writing by ENGINEER, ENGINEER shall furnish or obtain from others Additional Services of the following types which are not considered normal or customary Basic Services. The scope of Additional Services may include: 3.1.1 Grant and Loan Assistance Prepare applications and supporting documents for governmental grants, loans,or advances. 3.1.2 Financial Consultation Consult with OWNER's fiscal agents and bond attorneys and provide such engineering data as required for any bond prospectus or other financing requirements. 3.1.3 Properly Procurement Assistance Determine land and casement requirements and provide consultation and assistance on property procurement as related to professional engineering services being performed. • 3.1.4 Administrative Assistance Provide Contract and Project administration to the degree authorized by OWNER. 3.1.5 Obtaining Services of Others Provide through subcontract the services or data set forth in paragraph 4.3. 3.1.6 Furnishing renderings or models of the Project for OWNER's use. 3.1.7 Miscellaneous Studies Investigations involving detailed consideration of operations,maintenance,and overhead expenses,and the preparation of rate schedules,earnings,and expense statements;feasibility studies;appraisals and valuations;detailed quantity surveys of material,equipment,and labor; and audits or inventories required in connection with construction performed by OWNER. 3.1.8 Extraordinary Construction-Related Services 3.1.8.1 Additional or extended services during construction made necessary by())work damaged by fire or other cause during construction,(2)a significant amount of defective or neglected work of any Contractor,(3)prolongation of the construction contract time of any prime construction contract by more than sixty days,(4)acceleration of the work schedule involving services beyond normal working hours, and(5)default by Contractor under any prime construction contract. 3.1.8.2 Consultation or other services alter completion of the Construction Phase,such as frequent inspections during any guarantee period and reporting observed discrepancies under guarantees called for In any construction contract. 3.1.83 Preparing to serve or serving as a witness for OWNER in any litigation or other proceeding • involving the Project. Agreement for Professional A4 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR 1 e 33.9 Preparation of an operating manual for use by OWNER. 3,1.10 ExlraScrviccs Services not specifically defined heretofore that may be authorized by OWNER. 3.2 Resident Services During Construction 3.2.1 If requested by OWNER or recommended by ENGINEER and agreed to In writing by the other party,a Resident Project Representative and assistants shall be furnished and shall act as directed by ENGINEER in order to provide more extensive representation at the Project site during the Construction Phase. 3,2.2 The Resident Project Representative,through more extensive on-site observations of the work in progress,field chocks of materials and equipment,and maintenance of jobsite records on conditions and activities,shall assist ENGINEER in determining that the Project is proceeding in accordance with the Contract Documents, but the furnishing of such resident project representation shall not make ENGINEER responsible for construction means,methods,techniques,sequences,or procedures,or for safety precautions or programs,or for Contraclor(s�failure to perform the construction work in accordance with the Contract Documents, 3.3 Contingent Additional Services • 3.3.1 If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the ENGINEER's control,the ENGINEER shall notify the OWNER prior to commencing such services. If the OWNER deems that such services described in 3,3 are not required,the OWNER shall give prompt written notice to the ENGINEER. If the OWNER indicates in writing that all or part of such Contingent Additional Services arc not required,the ENGINEER shall have no obligation or provide those services. 3.3.2 Making revisions in Drawings,Specifications,or other documents when such revisions are: 3.3.2.1 inconsistent with approvals or instructions previously given by the OWNER, including revisions made necessary by adjustments in the OWNER's program or Project Budget. 3.3.2.2 required by the enactment or revision of codes,laws,or regulations subsequent to the preparation of such documents;or 3.3.2.3 due to changes required as a result of the OWNER's failure to render decision in a timely manner. 3,3.3 Providing services required because of significant changes in the Project including,but not limited to,size,quality,complexity,the OWNER's schedule,or the method of bidding or negotiating and contracting for construction. 3,3.4 Preparing Drawings,Specifications,and other documentation and supporting data,evaluating Contractor's proposals,and providing other services in connection with Change Orders and Work Change Directives, 3,3.5 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revision to Drawings,Specifications,and other documentation resulting therefrom. • Jefferson City Memorial Airport A-5 Agreement for Professional December 13,2005 Consulting Services JEFFCTY.AGR 3.3.6 Providing consultation concerning replacement of Work damaged by fire or other cause during construction,and furnishing services required in connection with the replacement of such Work. 3.3.7 Providing services made necessary by the default of the Contractor,by major defects or deficiencies in the Work of the Contractor,or by failure of performance of either the OWNER or Contractor under the Contract for Construction. 3.3.8 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.9 Providing services in connection with a public hearing,arbitration proceeding,or legal proceeding except where the ENGINEER is party thereto. 33.10 Preparing documents for alternate,separate,or sequential bids or providing services in connection with bidding,negotiation,or construction prior to the completion of the Final Design Phase. SECTION 4-RESPONSIBILITIES OF OWNER OWNER shall,within a reasonable time,so as not to delay the services of ENGINEER: 4.1 Provide full information as to OWNER's requirements for the Project. 4.2 Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. 4.3 Furnish ENGINEER services or data such as core borings,probings and subsurface explorations, hydrographic surveys,laboratory tests and inspections of samples,materials,and equipment;appropriate professional interpretations of all of the foregoing;property,boundary,casement,right-of-way, topographic,and utility surveys; zoning and deed restrictions;and other special data or consultations,all of which ENGINEER may rely upon in performing his services under this Agreement. 4.4 Guarantee access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform his services under this Agreement. 4.5 Examine all studies,reports,sketches,cost opinions,Bid Documents,Drawings,proposals,and other documents presented by ENGINEER and render in writing decisions pertaining thereto. 4.6 Provide such professional legal,accounting, financial,and insurance counseling services as may be required for the Project. 4.7 Designate in writing a person to act as OWNER's representative with respect to the services to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive Information,Interpret and define OWNER's policies and decisions with respect to materials, equipment,elements and systems to be used in the Project,and other matters pertinent to the services covered by this Agreement. 4.8 Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any defect in the Project. Agreement for Professional A-6 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR I 1 • 4.9 Furnish approvals and pemrils from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. 4.10 Fumish,or direct ENGINEER to provide,necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.11 If ENGINEER's standard bidding requirements, Agreement forms and General Conditions arc not to be used but OWNER's documents are to be used instead,OWNER shall provide copies of such documents for ENGINEER's use in coordinating the Contract Drawings and Specifications. SECTION 5 -PERIOD OF SERVICE 5.1 This Agreement will become effective upon the first written notice by OWNER authorizing services hereunder. 5.1.1 This Agreement will become effective upon the first written notice by OWNER authorizing services and shall continue and remain in full force and effect,unless otherwise terminated,for a period of three(3)years from the said effective date(the"primary term")and subject to renewal for additional and separate one(1)year terms(the"renewal term") for a not-to exceed total of 5 years(primary and 2 renewal terms). It is understood and agreed by the parties hereto that renewal of this Agreement at the conclusion of the primary term shall be automatic unless this Agreement is otherwise terminated as herein provided. • 5.2 This Agreement shall be applicable to all assignments authorized by OWNER and accepted by ENGINEER subsequent to the date of its execution, All assignments authorized prior to the execution of this document,even if performed in whole or in part before the execution date,shall be governed by the temis and conditions of this Agreement. 5.3 The provisions of this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the services stated in the Agreement. ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the completion of said services. SECTION 6-PAYMENTS TO ENGINEER 6.1 Compensation 6.1.1a Amount of Payment: Method A-Fixed Lump Sum Payment. For the Scope of Services described herein,the OWNER shall pay the ENGINEER the lump sum amount as stated in the written Authorization for the specific project. 6.1.1b Amount of Payment: Method B-Cost Plus a Fixed Payment. For services performed, The OWNER shall pay the ENGINEER the sum of the following If this method is chosen by OWNER in the written Authorization for the specific project. 6.l.lb,1 For time expended by personnel,payment shall be the sum of: (1) Individual's direct Hourly Rate,plus (ii) 194.99 percent of(1)to cover general and administrative expenses and payroll burden for office • personnel,and 140.13 percent of(1)for resident field personnel. Jefferson City Memorial Airport A-7 Agreement for Professional December 13,2005 Consulting Services JEFFCPY.AGR • (iii) a 10 percent fixed payment of the sum of(i)plus(ii)for fee. Direct Hourly Rate is determined by dividing each individual's current annual base salary by 2088 hours per year. Overtime rate for nonexempt personnel shall be 1.5 times the Hourly Rate. (Exempt and nonexempt are as defined by the United States Fair Labor Standards Act.) 6.1.1b.2 For outside expenses incurred by ENGINEER,such as authorized travel and subsistence, commercial services,courier deliveries,and incidental expenses,the cost to ENGINEER. 6.1.lb.3 For reproduction,printing,long distance telephone calls,fax services,vehicles,testing apparatus,and computer usage,the cost to ENGINEER. 6.1.lb.4 For services rcndered by others as subcontractor(s)to ENGINEER, such as surveying,real property descriptions,soil borings,subsurface investigations,laboratory testing, field quality control tests, progress photographs,or other activities required or requested by OWNER,the cost to ENGINEER. 6.1.1b.5 For time expended by outside professional service consultants employed by the ENGINEER in providing services to the OWNER,the cost to the ENGINEER. Expenses incurred by such outside consultants in service to the OWNER shall be reimbursable in accordance with Subparagraph 6.1.16.2 above. 6.1.1b.6 For time expended by independent"contract"personnel used to supplement the ENGINEER's regular staff,the cost to ENGINEER plus 10 percent. Expenses incurred by such personnel in service to the OWNER shall be reimbursed in accordance with Subparagraph 6.1.Ib.2 above. 6.I.Ib.7 For expenses incurred by ENGINEER in providing resident field services,such as equipment lease or rental,telephone services,miscellaneous resident office expenses,commercial services,field personnel moving expenses to the field site location,per diem or mileage allowances for personnel assigned in the field,authorized travel and subsistence expenses of personnel temporarily assigned from ENGINEER's offices to the field,and other such items Incidental to operating a field office,at the cost to • ENGINEER. 6,1.2a For additional,reduced,or changed scope of services using Method A,the amount of payment shall be adjusted on a mutually agreeable lump-sum basis or on ENGINEER's hourly-labor-billing-rate- plus-reimbursable-expense basis. 6.1.2b The total payment for the Scope of Services described herein using Method B shall not exceed as slated in the written Authorization for the specific project without written approval of the OWNER. 6.2 Statements Monthly statements,in ENGINEER's standard format,will be submitted by the ENGINEER to the OWNER. 6.2.1 Statements will be based on the ENGINEER's estimated percent of services completed at the end of the preceding month. 6.3 Payments Statements are payable upon receipt. A late payment charge of 1.5 percent per month or any partial month will be added to amounts not received within 30 days of the statement date. Time is of the essence In payments of statements,and timely payment is a material part of the consideration of this Agreement. Costs, including reasonable attorney's fees,incurred by the ENGINEER in collecting any delinquent amount shall be reimbursed by the OWNER. If a portion of ENGINEER's statement is disputed by OWNER,the undisputed portion shall be paid by OWNER by the due date. The OWNER shall advise the ENGINEER in writing of the basis for any disputed portion of any statement. • Agreement for Professional A-8 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR • 6.4 Taxes Taxes,other than United States federal and state Income taxes,and Kansas City,Missouri earnings lax,as may be imposed by the United States,state,and local authorities,shall be in addition to the payment stated under"Amount of Payment". SECTION 7-GENERAL CONSIDERATIONS 7,1 Insurance 7.1.1 During the course of performance of these services, ENGINEER will maintain(in United States Dollars)the following minimum insurance coverages: Type ofCovem¢e Limits of Liability Workers'Compensation Statutory Employers'Liability $1,000,000 Each Accident Commercial General Liability Bodily Injury and $2,500,000 Combined Single Limit Property Damage Automobile Liability: Bodily Injury and $2,500,000 Combined Single Limit • Property Damage If requested,ENGINEER will provide to OWNER certificates as evidence of the specified insurance. 7.1.2. Construction Contractors shall be required to provide(or OWNER may provide)Owners' Protective Liability Insurance naming the OWNER as a Named Insured and the ENGINEER as an additional insured,or,to endorse OWNER and ENGINEER as additional insureds on construction Contractoes liability insurance policies covering claims for personal injuries and property damage. Construction Contractors shall be required to provide certificates evidencing such insurance to the OWNER and ENGINEER. 7.1.3. OWNER and ENGINEER waive all rights against each other and their officers,directors,agents, or employees for damage covered by properly insurance during and alter the completion of ENGINEER's services, If the services result in a Construction Phase,a provision similar to this shall be incorporated into all Construction Contracts entered into by OWNER,and all construction Contractors shall be required to provide waivers of subrogation in favor of OWNER and ENGINEER for damage or liability covered by any construction Contractor's policy of insurance, 7.2 Professional Responsibility 7,2.1. ENGINEER will exercise reasonable skill,care,and diligence in the performance of ENGINEER's services and will carry out its responsibilities in accordance with customarily accepted professional engineering practices, If the ENGINEER fails to meet the foregoing standard,ENGINEER will perform at its own cost,and without reimbursement from OWNER,the professional engineering services necessary to correct errors and omissions which are caused by ENGINEER's failure to comply with above standard,and which arc reported to ENGINEER within one year from the completion of • Jefferson City Memorial Airport A-9 Agreement for Professional December 13,2005 Consulting Services JEFFCTY.AGR • ENGINEER's services for the Project. The obligations and representations contained in this Article are ENGINEER's sole obligation and OWNER's exclusive remedy with respect to the quality of services. OWNER's failure to properly operate and maintain the Facility or allow ENGINEER to perform such remedial services as ENGINEER may deem appropriate shall relieve ENGINEER of its obligation relative to such improper operation or maintenance. 7.2.2. In addition,subject to the limitation stated in paragraph 7.2.4 below, ENGINEER will be responsible to OWNER for damages caused by its negligent conduct during its activities at the Project Site to the extent covered by ENGINEER's Commercial General Liability and Automobile Liability Insurance policies as specified in Paragraph 7.1.1. 7.2.3. In no event will ENGINEER be liable for any special, indirect,or consequential damages including,without limitation,damages or losses in the nature of increased Project costs, loss of revenue or profit, lost production,claims by customers of OWNER,or governmental fines or penalties. 7.2.4. The ENGINEER's aggregate liability for all damages connected with its services for the Project not excluded by the preceding subparagraph will not exceed the greater of US$100,000 or the compensation paid under this Agreement. 7.2.5. The obligations and remedies stated in this Paragraph 7.2,Professional Responsibility,are the sole and exclusive obligations of ENGINEER and remedies of OWNER,regardless of the cause of action pled including,without limitation,negligence of every character. • 7.3 Cost Opinions and Projections Cost opinions and projections prepared by ENGINEER relating to construction costs and schedules, operation and maintenance costs,equipment characteristics and performance, and operating results are based on ENGINEER's experience,qualifications,and judgment as a design professional. Since ENGINEER has no control over weather,cost and availability of labor,material and equipment, labor productivity,construction Contractors' procedures and methods,unavoidable delays,construction Contractors'methods of determining prices,economic conditions,competitive bidding or market conditions,and other factors affecting such cost opinions or projections,ENGINEER does not guarantee that actual rates,costs,performance,schedules,and related items will not vary from cost opinions and projections prepared by ENGINEER. 7.4 Changes OWNER shall have the right to make changes within the general scope of ENGINEER's services,with an appropriate change in compensation and schedule,upon execution of a mutually acceptable amendment or change order signed by an authorized representative of the OWNER and the President or any Vice President of the ENGINEER. 7.5 Suspension of Services Should OWNER fail to fulfill his responsibilities as provided under Section 4 to the extent that ENGINEER is unduly hindered in ENGINEER's services or if OWNER fails to make any payment to ENGINEER on account of ENGINEER's services and expenses within 90 days after receipt of ENGINEER's bill therefor,ENGINEER may,after giving seven days'written notice to OWNER,suspend services under this Agreement until OWNER has satisfied OWNER's obligations under this Agreement. 7.6 Termination: Reference Section 7.21 Federal contract Provision per the FAA Airport • Improvement Program. Agreement for Professional A-10 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR 7.7 Delays In the event the services of the ENGINEER are suspended or delayed by the OWNER,the ENGINEER shall be entitled to additional compensation for reasonable costs Incurred by the ENGINEER in temporarily closing down or delaying the Project and reassigning Project staff(including,but not limited to,unavoidable down time and any termination expenses incurred where reassignment is not reasonably possible)and in organizing Project files,records,and work in progress for suspension and later resumption of the ENGINEER's services. 7.8 Disputes In the event that a dispute should arise relating to the performance of the services to be provided and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs of litigation,including staff time,court costs,attomcys'fees,and other related expenses. 7.9 Rights and Benefits ENGINEER's services will be performed solely for the benefit of the OWNER and not for the benefit of any other persons or entities. 7.10 Dispute Resolution 7.10.1 Scopc of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between OWNER and ENGINEER which arise from,or in any way are related lo,this Agreement,including,but not limited to the interpretation of this Agreement,the enforcement of its terms,any acts,errors,or • omissions of OWNER or ENGINEER in the performance of this Agreement,and disputes concerning payment. 7.10.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate and, if necessary,mediate their disputes as set forth in this Paragraph. If timely Notice is given under Paragraph 7.10.3,but an action is initialed prior to exhaustion of these procedures,such action shall be stayed,upon application by either party to a court of proper Jurisdiction,until the procedures in Paragraphs 7.10.3 and 7.10.4 have been complied with. 7.10.3 Notice of Dispute 7.10.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of any incident,action,or failure to act upon which a claim is based,the party seeking relief shall serve the other party with a written Notice; 7.10.3.2 For disputes arising after the making of final payment,OWNER shall give ENGINEER written Notice at the address listed in Paragraph 7.18 within ninety(90)days after occurrence of any Incident, accident,or first observance of defect or damage. In both instances,the Notice shall specify the nature and amount of relief sought,the reason relief should be granted,and the appropriate portions of this Agreement that authorize the relief requested. 7.10.4 Negotiation: Within seven days of receipt of the Notice,the Project Managers for the OWNER and ENGINEER shall confer in an effort to resolve the dispute. If the dispute cannot be resolved at that level,then,upon written request of either side,the matter shall be referred to the President of the ENGINEER and the Deputy Director for Planning and Transportation Services. These representatives shall meet at the Project Site or such other location as is agreed upon within 30 days of the written request to resolve the dispute. Jefferson City Memorial Airport A-11 Agreement for Professional December 13,2005 Consulting Services JEFFCTY.AGR • 7.10.5 Mediation: if the OWNER's and ENGINEER's said representatives are unable to resolve the dispute,then either side may request that the matter be submitted to mediation before a mediator mutually agreed upon. If the parties cannot agree on a mediator,then the American Arbitration Association shall appoint one upon request. Any administrative or mediator's fees shall be split equally between the parties. 7.10.6 Waiver Upon Final Payment: The making of final payment by OWNER and the acceptance of same by ENGINEER and ENGINEER's subconsultanls shall constitute a waiver of existing claims by the OWNER and such payee except those previously made in writing and identified as unsettled by OWNER at the time of payment,or by the payee at the time of such payee's final invoice. Except for those claims waived under Paragraph 7.1.3,final payment shall not constitute a waiver of claims by the OWNER relating to liens unsettled,or subsequent discovery of services not in compliance with this Agreement. The waivers contained in Paragraph 7.1.3 shall continue to apply alter final payment is made. 7.10.7 Waiver Due to Untimely Notice: Claims arising after the making of final payment shall be barred,and no suit or demand may be filed if Notice as stated in Paragraph 7.10.3.2 is not given. Nothing in this Paragraph shall be construed as directly or indirectly limiting the time to institute suit,but rather to give the responding party timely notice and prompt opportunity to investigate the allegations of the dispute. 7.11 The OWNER represents that it has sufficient funds or the means of obtaining funds to remit payment to the ENGINEER for services rendered by the ENGINEER, i7.12 Publications Recognizing the importance of professional development on the part of ENGINEER's employees and the importance of ENGINEER's public relations,ENGINEER may prepare publications,such as technical papers, articles for periodicals,and press releases,pertaining to ENGINEER's services for the Project. Such publications will be provided to OWNER in draft form for OWNER's advance review. OWNER shall review such drafts promptly and provide OWNER's comments to ENGINEER. OWNER may require deletion of proprietary data or confidential information from such publications,but otherwise OWNER will not unreasonably withhold approval. The cost of ENGINEER's activities pertaining to any such publication shall be for ENGINEER's account, 7.13 Indemnification for Pollution Related Claims For services involving or related to pollution,toxic substances,or hazardous wastes or asbestos abatement work,OWNER agrees to release,defend,indemnify,and hold harmless ENGINEER and its officers, directors,employees,agents,and consultants and from all liability,claims,demands,damages, losses,and expenses,direct,indirect or consequential,including,but not limited to,claims of OWNER and other persons and organizations,reasonable fees and expenses of attorneys and consultants,and court costs arising out of the performance of this Agreement, This indemnification provision extends to claims against ENGINEER which arise out of the actual,alleged,or threatened dispersal,escape,or release of chemicals,wastes,liquids,gases,or any other material,irritant,contaminant,or pollutant,or arising out of or resulting from asbestos abatement work, 7.14 Indemnification 7,14,1 OWNER agrees that it will require all construction Contractors to indemnify,defend,and hold • harmless OWNER and ENGINEER from and against any and all loss where loss is caused or incurred or Agreement for Professional A•12 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR • alleged to be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Contractors,or their employees,agents,Subcontractors,and Suppliers. 7.14.2 If this Project involves construction,and ENGINEER does not provide engineering services during construction including,but not limited to,on-site observation, Site visits,submittals review,and design clarifications,OWNER agrees to indemnify and hold harmless ENGINEER from or against any liability arising from the Project or this Agreement. 7.15 Computer Models ENGINEER may use or modify ENGINEER's proprietary computer models in service of OWNER under this Agreement,or ENGINEER may develop computer models during ENGINE-ER's service to OWNER under this Agreement. Such use,modification,or development by ENGINEER does not constitute a license to OWNER to use or modify ENGINEER's computer models. Said proprietary computer models shall remain the sole property of the ENGINEER. OWNER and ENGINEER will enter into a separate license agreement if OWNER wishes to use ENGINEER's computer models. 7.16 Reuse of Documents All documents including Contract Drawings and Specifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants)pursuant to this Agreement are instruments of service in respect of the Project,and ENGINEER shall have the ownership and property interest therein whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others;however,such documents are not intended or represented to be suitable for reuse by OWNER or • others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER,or to ENGINEER's independent professional associates or consultants,and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from and against all claims,damages,losses,and expenses including attorneys'fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.17 Electronic Media Any electronic media(computer disks, tapes,and similar Items)furnished with respect to ENGINEER's services are for OWNER's information and convenience only. Such media are not to be considered part of ENGINEER's instruments of service. (Due to the potential that information contained in electronic media can be modified by OWNER or others,ENGINEER,at its option,may remove all indicia of ENGINEER's ownership and involvement from each electronic display.) ENGINEER shall not be liable for loss or damage directly or indirectly,arising out of use of electronic media including,but not limited to,any loss of business or incidental or consequential damage. OWNER shall assume all risk and release,indemnify,and hold harmless ENGINEER,its officers,directors, employees,servants,agents,successors,and assigns, from and against each and every claim or cause of action that OWNER or others may have or which may arise in the future respecting use of the electronic media. If there is a discrepancy between the electronic media files and the signed and sealed hard copies, the hard copies shall govern. • Jefferson City Memorial Airport A•13 Agreement for Professional December 13,2005 Consulting Services JEFFCPY.AGR • 7.18 Notices Any Notice required under this Agreement will be in writing,addressed to the appropriate party at the following addresses: OWNER's address: The City of Jefferson cto Ron Craft 320 East McCarty Street Jefferson City,MO 65101 ENO[NEER's address: David G.Hadel,PE 9400 Ward Parkway Kansas City,MO 64114 7.19 Successor and Assigns OWNER and ENGINEER each binds itself and its successors,executors,administrators,and assigns to the other party of this Agreement and to the successors,executors,administrators,and assigns of such other party,in respect to all covenants of this Agreement;except as above,neither OWNER nor ENGINEER shall assign,sublet,or transfer its interest in the Agreement without the written consent of the other. 7.20 Controlling Law • This Agreement shall be subject to,interpreted and enforced according to the laws of the State of Missouri without regard to any conflicts of law provisions. 7.21 Federal Contract Provisions per The FAA Airport Improvement Program Exclusively within this section 7.21 herein,the term"Contractor"shall apply to ENGINEER and "SPONSOR"shall apply to OWNER. The following federal Contract provisions will be adhered to as practical for the duration of this project: CIVIL RIGHTS ACT OF 1964,TITLE VI—CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this Contract,the Contractor, for itself,its assignees and successors in interest (hereinafter referred to as the"Contractor")agrees as follows: 1.1 Compliance with Regulations. The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation(hereinafter, "DOI"')Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time (bcrcinaticr referred to as the Regulations),which are herein incorporated by reference and made a part of this Contract. 1.2 Nondlredmination. The Contractor,with regard to the work performed by It during the Contract, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. • Agreement for Professional A-14 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR •i � • 1.3 Solicitations for Subcontracts,Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. 1.4 Information and Reports. The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the SPONSOR or the Federal Aviation Administration(FAA)to be pertinent to ascertain compliance with such Regulations,orders,and instructions.Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information,the Contractor shall so certify to the SPONSOR or the FAA,as appropriate,and shall set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of the Contractor's noncompliance with lire nondiscrimination provisions of this Contract,the SPONSOR shall impose such Contract sanctions as it or the FAA may determine to be appropriate,including,but not limited to: a. Withholding of payments to the Contractor under the Contract until the Contractor complies,and/or b. Cancellation,termination,or suspension of the Contract,in whole or in part. 1.6 Incorporation of Provisions. The Contractor shall include the provisions of paragraphs I through 5 in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations or directives issued pursuant thereto.The Contractor shall take such action with respect to any subcontract or procurement as the SPONSOR or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,however, that in the event a Contractor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the Contractor may request the SPONSOR to enter into such litigation to protect the interests of the SPONSOR and,in addition,the Contractor may request the United States to enter into such litigation to protect the interests of the United States. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982,SECTION 520-GENERAL CIVIL RIGHTS PROVISIONS The Contractor assures that it will comply with pertinent statutes,Executive orders and such rules as are promulgated to assure that no person shall,on the grounds of race,creed,color,national origin,sex,age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tcnant/conecssionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program,except where Federal assistance is to provide,or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a)the period during which the property is used by the airport SPONSOR or any transferee for a purpose for which Federal assistance is extended,or for another purpose involving the provision of similar services or benefits or(b)the period during which the airport SPONSOR or any transferee retains ownership or possession of the property. In the case of Contractors,this provision binds the Contractors from the Bid solicitation period through the completion of the Contract.This provision is in addition to that required of Title VI of the Civil Rights Act of 1964, Jefferson City Memorial Airport A-15 Agreement for Professional December 13,2005 Consulting Services JEFFCTY.AGR • DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance( 26.13)-The Contractor or Subcontractor shall not discriminate on the basis of race,color,national origin,or sex in the performance of this Contract.The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract,which may result in the termination of this Contract or such other remedy,as the recipient deems appropriate. Prompt Payment @26.29)-The prime Contractor agrees to pay each subcontractor under this prime Contract for satisfactory performance of its Contract no later than 30 days from the receipt of each payment the prime Contractor receives from SPONSOR.The Contractor agrees further to return retainage payments to each subcontractor within 30 days alter the subcontractor's work is satisfactorily completed.Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the SPONSOR.This clause applies to both DBE and non- DBE subcontractors. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES No Federal appropriated funds shall be paid,by or on behalf of the Contractor,to any person for Influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an • officer or employee of Congress,or an employee of a Member of Congress in connection with any Federal grant,the Contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities,"in accordance with its instructions. ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system.The Contractor agrees to provide the SPONSOR,the Federal Aviation Administration and the Comptroller General of the United Slates or any of their duly authorized representatives access to any books,documents,papers,and records of the Contractor which are directly pertinent to the specific Contract for the purpose of making audit, examination,excerpts and transcriptions.The Contractor agrees to maintain all books,records and reports required under this Contract for a period of not less than three years after final payment is made and all pending matters are closed. BREACH OF CONTRACT TERMS Any violation or breach of terms of this Contract on the part of the Contractor or their subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties,obligations,rights and remedies otherwise imposed or available by law. RIGHTS TO INVENTIONS All rights to inventions and materials generated under this Contract are subject to regulations issued by the FAA and the SPONSOR of the Federal grant under which this Contract is executed. • Agreement for Professional A-16 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR / '11 TRADE RESTRICTION CLAUSE The Contractor or subcontractor,by submission of an offer and/or execution of a Contract,certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any Contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list,or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17,no Contract shall be awarded to a Contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project,the Federal Aviation Administration may direct through the SPONSOR cancellation of the Contract at no cost to the Government. Further,the Contractor agrees that,if awarded a Contract resulting from this solicitation,it will incorporate this provision for certification without modification in each Contract and in all lower tier subcontracts, The Contractor may rely on the certification of a prospective subcontractor unless it has • knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the SPONSOR if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Contractor if at any time it learns that Its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was place when making the award. If it]sister determined that the Contractor or subcontractor knowingly rendered an erroneous certification,the Federal Aviation Administration may direct through the SPONSOR cancellation of the Contract or subcontract for default at no cost to the Government, Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render,in good faith,the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the Jurisdiction of an agency of the United States of America and the making of a false,fictitious,or fraudulent certification may render the maker subject to prosecution underTillc 18,United Slates Code,Section 1001, VETERAN'S PREFERENCE In the employment of labor(except in executive,administrative,and supervisory positions),preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in section 51 5(c)(1)and(2) of the Airport and Airway Improvement Act of 1982. However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. Jefferson City Memorial Airport A-17 Agreement for Professional December 13, 2005 Consulting Services JEFFCTY.AGR • TERMINATION OF CONTRACT a. The SPONSOR may,by written notice,terminate this Contract In whole or in part at any time,either for the SPONSOR's convenience or because of failure to fulfill the Contract obligations. Upon receipt of such notice services shall be immediately discontinued(unless the notice directs otherwise)and all materials as may have been accumulated in performing this Contract,whether completed or in progress, delivered to the SPONSOR. b. If the termination is for the convenience of the SPONSOR,an equitable adjustment in the Contract price shall be made,but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the Contractor's obligations,the SPONSOR may take over the work and prosecute the same to completion by Contract or otherwise. In such case,the Contractor shall be liable to the SPONSOR for any additional cost occasioned to the SPONSOR thereby. d. If,after notice of termination for failure to fulfill Contract obligations,it is determined that the Contractor had not so failed,the termination shall be deemed to have been effected for the convenience of the SPONSOR. In such event,adjustment in the Contract price shall be made as provided in paragraph 2 of this clause. e.The rights and remedies of the SPONSOR provided in this clause are in addition to any other rights and remedies provided by law or under this Contract. • CERTIFICATION REGARDING DEBAREMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION The Bidder/Offeror/Contractor certifies,by submission of this proposal or acceptance of this Contract, that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions,solicitations,proposals,Contracts,and subcontracts. Where the Bidder/Offeror/Contractor or any lower tier participant is unable to certify to this statement,it shall attach an explanation to this solicitationtproposal. • Agreement for Professional A-18 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR a ,. • 7.22 Entire Agreement This Agreement represents the entire Agreement between the ENGINEER and OWNER relative to the Scope of Services herein, All previous or contemporaneous agreements,representations,promises,and conditions relating to ENGINEER's services described herein are superseded. Since terms contained in purchase orders do not generally apply to professional services,in the event OWNER issues to ENGINEER a purchase order,no preprinted terms thereon shall become a part of this Agreement. Said purchase order document,whether or not signed by ENGINEER,shall be considered as a document for the OWNER's internal management of its operations. IN WITNESS WHEREOF,the City of Jefferson,Missouri,by and through its (Yla 14 or and Burns&McDonnell Engineering Company, Inc.,by ris authorized representative have made and executed this Agreement as of the day and year first above written. CITY OF JEFFERSON,MISSOURI By or X1JRNS&McDO L ENGINEERING COMPANY,INC. By zz/ p6 David adc IfE Director of General Aviation Services END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH EXHIBIT A ATTACHED FOR AUTHORIZATION OF SPECIFIC PROJECTS. Jefferson City Memorial Airport A-19 Agreement for Professional December 13,2005 Consulting Services JEFFCTY.AGR • EXHIBIT A AUTHORIZATION NO. FOR PROFESSIONAL ENGINEERING SERVICES A1P NO. In accordance with SECTION I -AUTHORIZATION OF SERVICES of the Agreement for Professional Engineering Services dated Cep- r L,�-t-y X 20_QLr j by and between City of Jefferson,Missouri and Bums&McDonnell(the"Agreement"J,the following Airport Improvement Project(AIP) authorization is hereby given and mutually agreed upon: A. Project Name and Description of improvements B. Description of Services to be Perrormcd C. Method of Compensation D. Amount of Compensation E. Estimated Time of Completion F. Notice to Proceed Date It is further understood and agreed by the parties hereto that all of the terms and conditions of the Agreement are hereby incorporated by reference as if set forth fully herein and are made a part of this Authorization. IN WITNESS WHEREOF,the parties herein have caused this authorization to be executed in three(3) counterparts by their duly authorized representatives and made effective the day and year first above • written. BURNS&McDONNELL ENGINEERING CITY OF JEFFERSON,MISSOURI COMPANY,INC. By David G.Hadel,PE Title // Director of General Aviation Services ATTEST: B Gt7 � p11,y/ Title END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Ap ad to Form: City Counselor • Agreement for Professional A-20 Jefferson City Memorial Airport Consulting Services December 13,2005 JEFFCTY.AGR rill, 0rsonkgj DEVELOPMENT Memorandum MMUNffY • 320 East McCarty Street • Jefferson City,Missouri 65101 P: 573,634.6410 • r: 573.634.6457 . wwwjeffcitymo.org/cd Dale: September 20, 2005 To: Janice McMillan Gene Williams Melva Fast Ron Paubel Grant Shorthose Stan Mehrhoff From: Ron Craft, Airport Manager N�L Subject: Request for Qualifications—Airport Master Plan Date & Time: Tuesday, October 4, 2005 10:00 a.m. — 12:00 p.m. Location: Small Conference Room (Located on the Lower Level) John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO Attached is a copy of the Request for Qualifications (RFQ) advertised on August 17, 2005 for the purpose of selecting a Consulting Firm to perform Planning, Engineering, and Inspection Services for the City Of Jefferson, Jefferson City Memorial Airport, for the next five (5) years. • Projects may include, and are not limited to, an updated Airport Layout Plan, Parallel Taxiways for both Runways, Extension of Runway 9-27, relocated entrance to the South Hangar, a new Air Traffic Control Tower, a new building to house the airfield lighting voltage regulators, a new airport maintenance facility, an upgraded Instrument Approach Procedure for Runway 12, ARFF Facility, and terminal upgrades. These are outlined on the first page, Items 1-8. Other projects could arise, and this list is subject to change. There were eight(8) firms that responded by the 5:00 pm, September 9, 2005 closing date. 1. Bucher, Willis, & Ratliff Corporation Kansas City, MO 2. Burns & McDonnell Kansas City, MO 3. Crawford, Murphy, & Tilly, Inc. St. Louis, MO 4. Horner & Shifrin, Inc. St. Louis, MO 5. Howard R. Green Co. Chesterfield, MO 6. Landplan Engineering, PA Lawrence, KS 7. Olsson Associates Lincoln, NE 8. Reynolds, Smith, and Hills, Inc. Springfield, MO Each of the above listed firms is to be evaluated on the following criteria: 1. Qualifications 15 points 2. Comparable recent experience 15 points 3. Knowledge of FAA and MoDOT Regulations 15 points 4. Affirmative Action Plan 5 points 5. Capacity to perform work in the allotted time 15 points 6. Capability to complete projects within budgets 15 points • 7. Capability to furnish qualified inspectors 10 points 8. Familiarity with, and proximity to the project 10 points "building a better community" Request for Qualifications-Airport Master Plan Page 2 September 20, 2005 My plan is to give the committee members sufficient time to read over the Statements of Qualifications submitted, and for me to contact references listed. I would like to schedule a meeting of the committee • during the first week of October. At that time, we can discuss the submissions, evaluate and grade the respondents, and select three to five (3-5) firms for Interviews. Those interviews would be scheduled about seven to ten (7-10) workdays later. After the interviews a firm will be selected and an Agreement entered Into between that firm and THE CITY OF JEFFERSON. If you have any questions regarding this process, please feel free to contact me at 573-634-6469 or via e-mail at rcraft0leffcitvmo.org. Thank you for participating in this selection process. • • REQUEST FOR QUALIFICATIONS The City of Jefferson is requesting statements of qualifications and experience from airport consultants for projects at the Jefferson City Memorial Airport. Services required include, but are not limited to, Airport Planning, Design, Construction, A/E services for all phases, and necessary incidental services for projects expected to be funded by federal grant within five years. Additional information and requirements may be obtained at the Office of the Purchasing Agent, 320 East McCarty Street,Jefferson City, Missouri 65101. Responses must be returned to the Office of the Purchasing Agent at the above address no later than 5;00 p.m on September 9, 2005. Responses will not be publicly opened. Equal Opportunity Employer Tehy St hh so Purchasing Agent NEWS TRIBUNE August 17, 2005 • City of Jefferson 320 E. McCarty Street Jefferson City, MO 65101 573-634-6324 • I NOTICE TO AIRPORT CONSULTANTS • The Jefferson City Memorial Airport covers approximately 500 acres and is conveniently located two miles north of the Central Business District, adjacent to the Missouri River. City owned facilities include a Terminal Building which was constructed in 1966, an Air Traffic Control Tower which was commissioned in 1973, and two Maintenance Buildings. The airport's main runway is 6,000 feet long by 100 feet wide and is equipped with a Category I ILS, NDB, and GPS approaches. The crosswind runway is 3,400 feet long by 75 feet wide. Both runways are equipped with partial parallel taxiways. The Air Traffic Control Tower is part of the Federal Aviation Administration's (FFA) Contract Tower Program and is staffed by five air traffic controllers who handle 30,000 to 50,000 operations annually. Currently there are seventy(70) aircraft based at the airport. The City of Jefferson, Missouri, is hereby soliciting Statements of Qualifications and Experience from qualified airport consultants for projects at the Jefferson City Memorial Airport. These projects may include: 1. Development of an Airport Layout Plan in accordance with Federal Aviation Administration Advisory Circular No. 150/5070-6A. 2. Preparation of a Certificate of Title, including an Exhibit"A" Property Map. • 3. Perform Aeronautical Surveys to satisfy requirements for Instrument Approach Procedures. 4. Assistance with required environmental actions and documentation. 5. Assistance with land acquisition for airport development,and for compliance with FAA standards and regulations. 6. Airport lighting,electrical, or navigational aid improvements. 7. Airport pavement rehabilitation, maintenance, construction, earthwork, and improvements, including runway/taxiway extension, crack-fill, seal-coat, overlay, marking, strengthening, etc. 8. Design, engineering, construction, and renovation of airport buildings, including Air Traffic Control Tower, Enclosure for Airfield Lighting Regulators, Terminal, Maintenance Facility, ARFF Facility, Fuel Storage Containment Area, and Hangars. Services to be provided and selection processes are outlined in Federal Aviation Administration (FAA)Advisory Circular 150/5100-14C. Services required (Chapter 1) include, but are not limited to, Airport Planning, Design, Construction, A/C services for all phases, and necessary incidental services for projects expected to be funded by federal grant within five years. • Selection criteria(Chapter 2) may include, but will not be limited to: Category Points I. Qualifications 15 2. Comparable recent experience 15 3. Knowledge of FAA Regulations, Policies, and Procedures 15 4. An implemented Affirmative Action Program 5 5. Capacity to perform work in the allotted time 15 6. Capability to complete projects within budgets 15 7. Capability to furnish qualified inspectors for construction inspection 10 8. Familiarity with, and proximity to the project 10 Fees will be negotiated for projects as grants are obtained. Consultants shall not include fee or cost information when responding to this solicitation. This contract is subject to, but not limited to the following federal provisions: 1. Title VI of the Civil Rights Act of 1964 2. Section 520 of the Airport and Airway Improvement Act of 1982 • 3. DOT Regulation 49 CFR Part 26-Disadvantage Business Enterprises Participation 4. DOT Regulation 49 CFR Part 29-Government Debarment and Suspension 5. DOT Regulation 49 CFR Part 30-Foreign Trade Restriction Clause At a minimum, firms shall submit the following in the response. All submissions must be clearly labeled specifying the category of the response. 1. List and provide resumes for the principals and the individuals that will be assigned projects under this request. 2. Provide at least five references for work completed comparable to the work described here. Lit the client name, address, contact name, and telephone number, dates of services and a brief description of the services. 3. Statement of the firm's experience in working with FAA and MoDOT Regulations, Policies, and Procedures. 4. Copy of the firms Affirmative Action Program 5. List of current projects and percentage completed assigned to the individuals that will be assigned to the City of Jefferson projects. • 6. Any other information required for evaluation based on the criteria listed. • All responses must be received in a sealed envelope clearly marked on the front lower tell corner: RFQ 2244-Airport Consultant Closes: September 9, 2005-5:00 p.m. Airport Consultants should submit eight(8) copies of their Statement of Qualifications and Experience to the following address, no later than 5 p.m. on Friday,September 9,2005: Office of the Purchasing Agent City of Jefferson 320 East McCarty Street Jefferson City, Missouri 65101 • • ♦ ��I.. �11I! � 1. 1 11�I1 i!Il � 3 .I ii „ii. !,I � ap• 3 • , ��. ..l i'11!!1 �!; Ili llilt 0 1 ( 1. 4 d 1 0 6 .,. ., I° , . � ii scss I < I19{;�iliilil i'i o � ?:I; •'•�s. ` ' { ro.:( o z>r lit . ,j p .w � y' ( I I � ua• lY •,, � p . l�l a z 3 .1+� 0 1 , . , �`f+- tl 1• /�//� /�'-' 1:1111 II III 1 � m 1 t ! ! k I - - _ f • / �/ 1 ll�l�l i' ° �, ip•5� .. ik t•,1 1II 1! 1 t / I FYI m 1 l� ! � �II II` 11: \'Irf• '1.� / ,{ l�« i 1 (ll'1111 l �itllllld \�\�A �• `�l 1 � � '�-{-��l � A Z I���Ij If yII[r[rI ; 1� �i III � �\��� 111lu;.��� •�:�� �� ��, u i�Ili li 11 I� I Il �'� l I a • C � \��`\��Y �/// �\III �i ��;� r III I i III I ; x /a �",�`-. f� It. 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' ' S, •~ 4'rtf' r,i'4t�•(•: t,' 1 Lp. . � •:Y�j':/• 14. r': Memo To: Department Directors From: Rich Mays, City Administrator Date: July 28, 2006 Re: Selection Committee I hereby appoint the following individuals to serve on a selection committee to hire a consultant to update the Memorial Airport's five year master plan: Ron Craft, Chairman Airport Division Director Janice McMillan Deputy Director of Planning and • Transportation Gene Williams Engineering Division Director Ron Paubel Fire Training Officer Melva Fast Assistant to the City Administrator Grant Shorthose Airport Tenant Stan Mehrhoff Airport Tenant bks •