Loading...
HomeMy Public PortalAboutORD14001 BILL NO. 2005-135 • SPONSORED BY Councilman Dean Martin ORDINANCE NO. 1 yDP AN ORDINANCE OFTHE CITY OF JEFFERSON,MISSOURI,AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURNS AND MCDONNELL FORTHE PURPOSE OF PROVIDING DESIGN,ENGINEERING AND INSPECTION SERVICES FOR A TAXIWAY EXTENSION AT 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 agreement fora taxiway extension project 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: �• U �� A prov Presidi g icer �a"y rr A EST: APP D S FORM: `-City Cle c City Counselor • -1- rAo A• Q • - � rD�cl . jL(ool • Airport Name: Jefferson City Memorial Airport Project No.: County: Callaway AVIATION PROJECT CONSULTANT AGREEMENT . (FEDERAL ASSISTANCE) THIS AGREEMENT is entered into by Bums & McDonnell Engineering Company, Inc. (hereinafter the "Consultant"), and the City of Jefferson, Missouri, (hereinafter the"Sponsor"). WITNESSETH: WHEREAS, the Sponsor has selected the Consultant to perform professional services to accomplish a project at the Jefferson City Memorial Airport. WHEREAS, while neither the Missouri Department of Transportation (MoDOT) nor the Federal Aviation Administration (FAA) is a party to this Agreement, MoDOT and/or FAA land acquisition, environmental, planning, design and construction criteria and other requirements will be utilized unless specifically approved otherwise by MoDOT. ' • WHEREAS, while the Sponsor intends to accomplish a project at the Jefferson City, Memorial Airport as listed in Exhibit I of this Agreement, entitled "Project Description", which is attached hereto and made a part of this Agreement. NOW, THEREFORE, In consideration of the payments to be made and the covenants set forth in this Agreement to be performed by the Sponsor, the Consultant hereby agrees that it shall faithfully perform the professional services called for by this Agreement In the manner and under the conditions described in this Agreement. (1) DEFINITIONS: The following definitions apply to these terms, as used in this Agreement: (A) " SPONSOR" means the owner of the airport referenced above. (B) "SPONSOR'S REPRESENTATIVE" means the person or persons designated in paragraph 22(A) of this agreement by the Sponsor to represent the Sponsor in negotiations, communications, and various other contract administration dealings with the Consultant. (C) "MoDOT" means the Missouri Department of Transportation, an ~ executive branch agency of state government, which acts on behalf of the Missouri Highways and Transportation Commission. • 1 Rev 10010 4 � • (D) "CONSULTANT" means the firm providing professional services to the Sponsor as a party to this Agreement. (E) "CONSULTANT'S REPRESENTATIVE" means the person or persons designated in paragraph 22(B) of this agreement by the Consultant to represent that firm in negotiations, communications, and various other contract administration dealings with the Sponsor. (F) "DELIVERABLES" means all drawings and documents prepared in performance of this Agreement, to be delivered to and become the property of the Sponsor pursuant to the terms and conditions set out in paragraph (12) of this Agreement. (G) "DISADVANTAGED BUSINESS ENTERPRISE (DBE)" means an entity owned and controlled by a socially and economically disadvantaged individual as defined in 49 CFR. Part 26, which is certified as a DBE firm In Missouri by MoDOT. Appropriate businesses owned and controlled by women are included in this definition. (H) "FAA" means the Federal Aviation Administration within the United States Department of Transportation (USDOT), headquartered at Washington, D.C., which acts through its authorized representatives. (1) "INTELLECTUAL PROPERTY" consists of copyrights, patents, and • any other form of intellectual property rights covering any data bases, software, Inventions, training manuals, systems design or other proprietary information in any form or medium. (J) "SUBCONSULTANT" means any individual, partnership, corporation, or joint venture to which the Consultant, with the approval of the sponsor, subcontracts any part of the professional services under this Agreement but shall not include those entities which supply only materials or supplies to the Consultant. (K) "SUSPEND" the services means that the services as contemplated herein shall be stopped on a temporary basis. This stoppage will continue until the Sponsor either decides to terminate the project or reactivate the services under the conditions then existing. (L) "TERMINATE", in the context of this Agreement, means the cessation or quitting of this Agreement based upon the action or inaction of the Consultant, or the unilateral cancellation of this Agreement by the Sponsor. (M) "TEA-21" means the federal Transportation Equity Act for the 2151 Century. (N) "USDOT' means the United States Department of Transportation, headquartered at Washington, D.C., which acts through its authorized representatives. • 2 Rtv.I01I1105 • (0) "SERVICES" includes all professional engineering and related services and the furnishing of all equipment, supplies, and materials in conjunction with such services as are required to achieve the broad purposes and general objectives of this Agreement. (2) SCOPE OF SERVICES: (A) The services covered by this Agreement shall include furnishing the professional, technical, and other personnel and the equipment, material and all other things necessary to accomplish the proposed project detailed in Exhibit I of this Agreement. (B) The specific services to be provided by the Consultant are set forth on Exhibit II to this Agreement, entitled "Scope of Services," which is attached hereto and made a part of this Agreement. (3) ADDITIONAL SERVICES: The Sponsor reserves the right to direct additional services not described in Exhibit it as changed or unforeseen conditions may require. Such direction by the Sponsor shall not be a breach of this Agreement. In this event, a supplemental agreement will be negotiated and executed prior to the Consultant performing the additional or changed services, or incurring any additional cost therefore. Any changes In the maximum compensation, or time and schedule of completion, will be covered in the supplemental agreement. Supplemental agreements • must be approved by MoDOT to ensure additional funding Is available. (4) INFORMATION AND SERVICES PROVIDED BY THE SPONSOR: (A) At no cost to the Consultant and In a timely manner, the Sponsor will provide available information of record which is pertinent to this project to the Consultant upon request. In addition, the Sponsor will provide the Consultant with the specific items or services set forth on Exhibit III to this Agreement, entitled "Services Provided by the Sponsor", which is attached hereto and made a part of this Agreement. The Consultant shall be entitled to rely upon the accuracy and completeness of such information, and the Consultant may use such information In performing services under this Agreement. (B) The Consultant shall review the information provided by the Sponsor and will as expeditiously as possible advise the Sponsor of any of that Information which the Consultant believes is inaccurate or Inadequate or would otherwise have an effect on Its design or any of Its other activities under this Agreement. In such case, the Consultant shall provide new or verified data or Information as necessary to meet the standards required under this Agreement. In such case, the Consultant shall provide new or verified data or information as necessary to meet the standards required under this Agreement. Any additional work required of the Consultant as the result of Inaccurate or Inadequate Information provided by the Sponsor will be addressed per the provisions of paragraph 3 of this Agreement. • 3 Rev.10111105 • (5) RESPONSIBILITY OF THE CONSULTANT: (A) The Consultant shalt comply with applicable local, state and federal laws and regulations governing these services, as published and In effect on the date of this Agreement. The Consultant shall provide the services in accordance with the criteria and requirements established and adopted by the Sponsor as expressly established in this Agreement, consisting of published manuals and policies of MoDOT and FAA which shall be furnished by the Sponsor upon request. (B) Without limiting the foregoing, land acquisition, environmental, planning, design and construction criteria will be in accordance with the information set out in Exhibit II of this Agreement. (C) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of designs, drawings, specifications, and other services furnished under this Agreement. At any time during construction or during any phase of work performed by others based upon data, plans, designs, or specifications provided by the Consultant, the Consultant shall prepare any data, plans, designs, or specifications needed to correct any negligent acts, errors, or omissions of the Consultant or anyone for whom it is legally responsible in failing to comply with the foregoing standard. The services necessary to correct such negligent acts, errors, or omissions shall be performed without additional compensation, even though final payment may have been received by the Consultant. The Consultant shall provide such • services as expeditiously as is consistent with professional performance. Acceptance of the services will not relieve the Consultant of the responsibility to correct such negligent acts, errors, or omissions. Consultant's obligation for re-performance for correction under this paragraph shall expire one year after the completion or termination of Consultant's services of submission of Consultant's final invoice or whichever is earlier. (D) Completed design reports, plans and specifications, plans/specifications submitted for review by permit authorities, and plans/specifications Issued for construction shall be signed, sealed, and dated by a professional engineer registered in the State of Missouri. Incomplete or preliminary plans or other documents, when submitted for review by others, shall not be sealed, but the name of the responsible engineer, along with the engineer's Missouri registration number, shall be Indicated on the design report, plans and specifications or included in the transmittal document. In addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where It can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor's activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at • 4 "CV.Io/01/o5 ' r • 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 0.0%of the total Agreement dollar value. (8) Consultant's Certification Regarding DBE Participation: The consultant's signature on this Agreement constitutes the execution of all DBE certifications which are a part of this Agreement. 1. 22k y:: It is the policy of the U.S. Department of Transportation and the Sponsor that businesses owned by socially and economically disadvantaged individuals (DBE's) as defined In 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Thus, the requirements of 49 CFR Part 26 and Section 1101(b) of the Transportation Equity Act for the 21st Century(TEA-21)apply to this Agreement. • 5 Rev.IMI/US • 2. Obligation of the Consultant to DBE's: The Consultant agrees to assure that OBE's 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 DBE's have the maximum opportunity to compete for and perform services. The Consultant shall not discriminate on the basis of race, color, religion, creed, disability, sex, age, or national origin in the performance of this Agreement or in the award of any subsequent subconsultant agreement. 3. Geographic Area for Solicitation of DBE's: The Consultant shall seek DBE's in the same geographic area in which the solicitation for other subconsultants Is made. If the Consultant cannot meet the DBE goal using OBE's from that geographic area, the Consultant shall, as a part of the effort to meet the goal, expand the search to a reasonably wider geographic area. 4. Determination of Participation Toward Meeting the DBE Goal: DBE participation shall be counted toward meeting the goal as follows: A. Once a firm is determined to be a certified DBE, the total dollar value of the subconsultant agreement awarded to that DBE is counted toward the DBE goal set forth above. B. The Consultant may count toward the DBE goal a portion of the total dollar value of a subconsultant agreement with a joint venture eligible under the DBE standards, equal to the percentage of the ownership and control of the DBE partner in the joint venture. C. The Consultant may count toward the DBE goal expenditures to DBE's who perform a commercially useful function in the completion of services required in this Agreement. A DBE is considered to perform a commercially useful function when the DBE Is responsible for the execution of a distinct element of the services specified in the Agreement and the carrying out of those responsibilities by actually performing, managing and supervising the services involved and providing the desired product. D. A Consultant may count toward the DBE goal its expenditures to DBE firms consisting of fees or commissions charged for providing a bona fide service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for the performance of this Agreement, provided that the fee or commission is determined by the Sponsor to be reasonable and not excessive as compared with fees customarily allowed for similar services. E. The Consultant is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. 5. Replacement of DBE Subconsultants: The Consultant shall • 6 Rm INIM • 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 DBE's used and the services performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage participation established in this Agreement. Failure on the part of the Consultant to achieve the DBE participation specified in this Agreement may result in sanctions being Imposed on the Sponsor for noncompliance with 49 CFR Part 26 and/or Section 1101(b) of TEA-21. If the total DBE participation is less than the goal amount stated by the Sponsor, the Sponsor may sustain damages, the exact extent of which would be difficult or impossible to ascertain. Therefore, In order to liquidate such damages, the monetary difference between the amount of the DBE goal dollar amount and the amount actually paid to the DBE's for performing a commercially useful function will be deducted from the Consultant's payments as liquidated damages. If this Agreement is awarded with less than the goal amount stated above by the Sponsor, that lesser amount shall become the goal amount and shall be used to determine liquidated damages. No such deduction will be made when, for reasons beyond the control of the Consultant, the DBE goal amount is not met. 7. Documentation of Good Faith Efforts to Meet the DBE Goal: • The Agreement goal established by the Sponsor is stated above in section (7)(A). The Consultant must document the good faith efforts it made to achieve that DBE goal, if the agreed percentage specified In section (7)(B)(8) below is less than the percentage stated in section (7)(A). Good faith efforts to meet this DBE goal amount may Include such items as, but are not limited to, the following: A. Attended a meeting scheduled by the Sponsor to Inform DBE's of contracting or consulting opportunities. B. Advertised in general circulation trade association and socially and economically disadvantaged business directed media concerning DBE subcontracting opportunities. C. Provided written notices to a reasonable number of specific DBE's that their Interest in a subconsultant agreement is solicited in sufficient time to allow the DBE's to participate effectively. D. Followed up on initial solicitations of Interest by contacting DBE's to determine with certainly whether the DBE's were interested in subconsulting work for this Agreement. E. Selected portions of the services to be performed by DBE's in order to increase the likelihood of meeting the DBE goal (including, where • 7 Rey ioroiros • appropriate, breaking down subconsultant agreements into economically feasible units to facilitate DBE participation). F. Provided interested DBE's with adequate information about plans, specifications and requirements of this Agreement. G. Negotiated in good faith with interested DBE's, and not rejecting DBE's as unqualified without sound reasons, based on a thorough Investigation of their capabilities. H. Made efforts to assist interested DBE's in obtaining any bonding, lines of credit or insurance required by the Sponsor or by the Consultant. I. Made effective use of the services of available disadvantaged business organizations, minority contractors' groups, disadvantaged business assistance offices, and other organizations that provide assistance in the recruitment and placement of DBE firms. 8. DBE Participation Obtained by Consultant: The Consultant has obtained DBE participation, and agrees to use DBE firms to complete 0.0% of the total services to be performed under this Agreement, by dollar value. The DBE firms which the Consultant shall use, and the type and dollar value of the services each DBE will perform, is as follows: • CONTRACT %OF DBE FIRM NAME,STREET AND TYPE OF DBE TOTAL S VALUE S AMOUNT SUBCONTRACT COMPLETE MAILING SERVICE OF THE DBE TO APPLY $VALUE ADDDRESS SUBCONTRACT TO TOTAL APPLICABLE TO DBE GOAL TOTAL GOAL N/A N/A N/A N/A N/A 9. Good Faith Efforts to Obtain DBE Participation: If the Consultant's agreed DBE goal amount as specified in section (7)(B)(8) is less than the Sponsor's DBE goal given in section (7)(A), then the Consultant certifies that the following good faith efforts were taken by Consultant In an attempt to obtain the level of DBE participation set by the Sponsor in section (7)(A):N/A. (8) SUBCONSULTANTS: (A) The Consultant agrees that except for those firms and for those services listed below, there shall be no transfer of engineering services performed under this Agreement without the written consent of the Sponsor. Subletting, assignment, or transfer of the services or any part thereof to any other corporation, partnership, or individual Is expressly prohibited. Any violation of this clause will be deemed cause for termination of this Agreement, EXCEPTIONS (subconsultant information): • 8 Rev.10101105 , • FIRM NAME COMPLETE ADDRESS NATURE OF SERVICES Terracon Consulting 3601 Mojave Court, Suite A Subsurface Investigations Engineers & Scientists Columbia, Mo. 65202 (B) The Consultant agrees, and shall require the selected subconsultants, to maintain books, documents, papers, accounting records, and other evidence pertaining to direct costs and expenses incurred under the Agreement and to make such materials available at their offices at reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement, for Inspection by the Sponsor or any authorized representative of MoDOT or the federal government, and copies thereof shall be furnished. (C) Unless waived or modified by the Sponsor, the Consultant agrees to require, and shall provide evidence to the Sponsor, that those subconsultants shall maintain commercial general liability, automobile liability, and worker's compensation and employers liability insurance, for not less than the period of services under such subconsultant agreements, and in not less then the following amounts: 1. Commercial General Liability: $2,500,000.00 per occurrence; • 2. Automobile Liability: $2,500,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and 4. Professional Liability ("Errors and Omissions") Liability: $1,000.000 each claim and in the annual aggregate. (D) The subletting of the services will in no way relieve the Consultant of its primary responsibility for the quality and performance of the services to be performed hereunder and the Consultant shall assume full liability for the services performed by its subconsultants. (E) The payment for the services of any subconsultants will be reimbursed at cost by the Sponsor in accordance with the submitted invoices for such services, as set forth In paragraph (9), entitled "Fees and Payments". (F) The Consultant agrees to furnish a list of any MoDOT approved DBE subconsultants under this Agreement upon the request of the Sponsor. Further, the Consultant agrees to report to the Sponsor on a monthly basis the actual payments made by the Consultant to such DBE subconsultants. (G) The Consultant agrees that any agreement between the Consultant and any subconsultant shall be an actual cost plus fixed fee agreement if the amount of . 9 ar.lorolros • the agreement between the Consultant and subconsultant exceeds $25,000. Subconsultant agreements for amounts of $25,000 or less may be lump sum or actual cost plus fixed fee as directed by the Sponsor. (9) FEES AND PAYMENTS: (A) The Consultant shall not proceed with the services described herein until the Consultant receives written authorization in the form of a Notice to Proceed from the Sponsor. (B) The amount to be paid to the Consultant by the Sponsor as full remuneration for the performance of all services called for in this Agreement will be on the following basis, except that the lump sum fee for labor, overhead and profit plus other costs will not exceed a maximum amount payable of $202,675, which is shown in Exhibit IV, "Derivation of Consultant Project Costs", and Exhibit V, "Engineering Basic and Special Services-Cost Breakdown" attached hereto and made a part of this Agreement. Payment under the provisions of this Agreement is limited to those costs Incurred in accordance with generally accepted accounting principles; to the extent they are considered necessary to the execution of the item of service. (C) The Consultants fee shall include the hourly salary of each associate and employee, salary-related expenses, general overhead, and direct non- salary costs as allowed by 48 CFR Part 31, the Federal Acquisition Regulations (FAR), and 23 CFR 172, Administration of Engineering and Design Related Service Contracts. • The hourly salary of each associate and employee is defined as the actual productive salaries expended to perform the services. The other billable costs for the project are defined as follows: 1. Salary-related expenses are additions to payroll cost for holidays, sick leave, vacation, group insurance, worker's compensation insurance, social security taxes (FICA), unemployment insurance, disability taxes, retirement benefits, and other related items. 2. General overhead cost additions are for administrative salaries (Including non-productive salaries of associates and employees), equipment rental and maintenance, office rent and utilities, office maintenance, office supplies, Insurance, taxes, professional development expenses, legal and audit fees, professional dues and licenses, use of electronic computer for accounting, and other related items. 3. Direct non-salary costs Incurred In fulfilling the terms of this Agreement, such as but not limited to travel and subsistence, subcontract services, reproductions, computer charges, materials and supplies, and other related items, will be charged at actual cost without any override or additives. 4. The additions to productive salaries for Items 9(C) 1 and 2 will be established based on the latest audit. • 10 Rev. 10101105 • 5. The Consultant shall provide a detailed manhour/cost breakdown for each phase of the project indicating each job classification with base wage rates and the number of hours associated with each phase. The breakdown shall Include work activities and be in sufficient detail to reflect the level of effort involved. This information shall be attached hereto and made a part of this Agreement as Exhibit V "Engineering Basic and Special Services -Cost Breakdown". 6. The Consultant shall provide a detailed breakdown of all subconsullant fees, Including overhead and profit. 7. The Consultant shall provide a detailed breakdown of all travel expense, living expense, reproduction expense and any other expense that may be Incurred throughout the project. These expenses must be project specific and not covered in or by an overhead rate. 8. The property and equipment used on this project such as automotive vehicles, survey equipment, office equipment, etc., shall be owned, rented, or leased by the Consultant, and charges will be made to the project for the use of such property at the rate established by company policies and practices. Approval of the Sponsor and MoDOT will be required prior to acquisition of reimbursable special equipment. (D) The Consultant shall submit an invoice for services rendered to the Sponsor not more than once every month. A progress summary indicating the current • status of the services shall be submitted along with each invoice. Upon receipt of the Invoice and progress summary, the Sponsor will, as soon as practical, but not later than 45 days therefrom, pay the Consultant for the services rendered, to the extent of ninety- eight percent (98%) of the amount of the lump sum fee earned plus direct costs as reflected by the estimate of the portion of the services completed as shown by the progress summary, less partial payments previously made. A late payment charge of one and one half percent (1.5%) per month shall be assessed for those invoiced amounts not paid, through no fault of the Consultant, within 45 days after the Sponsor's receipt of the ConsultanPs Invoice. The Sponsor will not be liable for the late payment charge on any Invoice which requests payment for costs which exceed the proportion of the maximum amount payable earned as reflected by the estimate of the portion of the services completed, as shown by the progress summary. Two percent (2%) of the amount earned will be retained by the Sponsor until the design services as covered by the Agreement are completed by the Consultant and approved by the Sponsor and MoDOT. The payment will be subject to final audit of actual expenses during the period of the Agreement. Upon completion and acceptance of the services required by paragraph (2), "Scope of Services," the two percent (2%) retainage will be paid to the Consultant. In the alternative to withholding the two percent (2%) retainage as set forth above, the Sponsor may accept a letter of credit or the establishment of an escrow account, in the amount of said two percent (2%) retainage and upon such other terms and conditions as may be acceptable to the Sponsor and the Consultant. If a letter of credit or escrow account is not acceptable to the Sponsor, then the two percent (2%) retainage will control. • i i Rev.10/01/03 • (10) PERIOD OF SERVICE: (A) The services, and If more than one then each phase thereof, shall be completed in accordance with the schedule contained In Exhibit VI, "Performance Schedule," attached hereto and made a part of this Agreement. The Consultant and the Sponsor will be required to meet this schedule. (B) The Sponsor will grant time extensions for delays due to unforeseeable causes beyond the control of and without fault or negligence of the Consultant. Requests for extensions of time shall be made in writing by the Consultant, before that phase of work Is scheduled to be completed, stating fully the events giving rise to the request and justification for the time extension requested. Such extension of time shall be the sole allowable compensation for all such delays. The Consultant may also receive an equitable adjustment in the maximum amount payable, provided the consultant can document the additional cost resulting from the delay. Any extensions or additional costs shalt be subject to MoDOT approval. (C) The Consultant and Sponsor agree that time is of the essence, and the Consultant and Sponsor will be required to meet the schedules in this Agreement. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the Consultant, no claim for damage shall be made by either party. The anticipated date of completion of the work, including review time, is stated in Exhibit VII of this Agreement. An extension of time shall be the sole allowable compensation for any such delays. The Consultant may also receive an equitable adjustment in the maximum amount payable, provided the consultant can document the additional cost resulting from the delay. Any extensions or additional costs shall be subject to MoDOT approval. (D) As used in this provision, the term "delays due to unforeseeable causes" Includes the following: 1. War or acts of war, declared or undeclared; 2. Flooding, earthquake, or other major natural disaster preventing the Consultant from performing necessary services at the project site, or In the Consultant's offices, at the time such services must be performed; 3. The discovery on the project of differing site conditions, hazardous substances, or other conditions which, In the sole judgment of the Sponsor, justifies a suspension of the services or necessitates modifications of the project design or plans by the Consultant; 4. Court proceedings; 5. Changes in services or extra services. • t 2 Rev.1091105 • (11) SUSPENSION OR TERMINATION OF AGREEMENT: (A) The Sponsor may, without being in breach hereof, suspend or terminate the Consultant's services under this Agreement, or any part of them, for cause or for the convenience of the Sponsor, upon giving to the Consultant at least fifteen (15) days' prior written notice of the effective date thereof. The Consultant shall not accelerate performance of services during the fifteen (15) day period without the express written request of the Sponsor. (B) Should the Agreement be suspended or terminated for the convenience of the Sponsor, the Sponsor will pay to the Consultant Its costs as set forth in paragraph (9)(B), including a proportional amount of the lump sum fee based upon an estimated percentage of Agreement completion prior to such suspension or termination, direct costs as defined in this Agreement for services performed by the Consultant plus reasonable costs Incurred by the Consultant In suspending or terminating the services. The payment will make no other allowances for damages or anticipated fees or profits. In the event of a suspension of the services, the Consultant's compensation and schedule for performance of services hereunder shall be equitably adjusted upon resumption of performance of the services. (C) The Consultant shall remain liable to the Sponsor for any claims or damages occasioned by any failure, default, or negligent errors and/or omission In carrying out the provisions of this Agreement during its life, including those giving rise to a termination for non-performance or breach by Consultant. This liability shall survive • and shall not be waived, or estopped by final payment under this Agreement. (D) The Consultant shall not be liable for any errors or omissions contained In deliverables which are incomplete as a result of a suspension or termination where the Consultant Is deprived of the opportunity to complete the Consultant's services. (E) Upon the occurrence of any of the following events, the Consultant may suspend performance hereunder by giving the Sponsor 30 days advance written notice and may continue such suspension until the condition is satisfactorily remedied by the Sponsor. In the event the condition is not remedied within 120 days of the Consultant's original notice, the Consultant may terminate this agreement. 1. Receipt of written notice from the Sponsor that funds are no longer available to continue performance. 2. The Sponsor's persistent failure to make payment to the Consultant in a timely manner. 3. Any material contract breach by the Sponsor. (12) OWNERSHIP OF DRAWINGS AND DOCUMENTS: • 33 Rev.to,Viros (A) All drawings and documents prepared in performance of this Agreement shall be delivered to and become the property of the Sponsor upon suspension, abandonment, cancellation, termination, or completion of the Consultant's services hereunder; provided, however, 1. The Consultant shall have the right to their future use with written permission of the Sponsor; 2. The Consultant shall retain Its rights in its standard drawing details, designs, specifications, CADD files, databases, computer software, and any other proprietary property; and 3. The Consultant shall retain Its rights to Intellectual property developed, utilized, or modified in the performance of the services subject to the following: A. Copyrights. Sponsor, as the contracting agency, reserves a royalty-free, nonexclusive and Irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Governmental purposes: I. The copyright in any works developed under this agreement, or under a subgrant or contract under this agreement; and • II. Any rights of copyright to which Sponsor, its consultant or subconsultant purchases ownership with payments provided by this agreement. B. Patents. Rights to inventions made under this agreement shall be determined in accordance with 37 C.F.R. Part 401. The standard patent rights clause at 37 C.F.R. §401.14, as modified below, is hereby Incorporated by reference. I. The terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from paragraph (g)(1) of the clause; II. Paragraphs (g)(2)and (g)(3)of the clause shall be deleted; and III. Paragraph (1) of the clause, entitled "communications" shall read as follows: "(1) Communications. All notifications required by this clause shall be submitted to the Sponsor". IV. The following terms In 37 C.F.R. 401.14 shall for the purpose of this Agreement have the following meaning: 14 Rcv.m ovos • Contractor- Consultant Government and Federal Agency- Sponsor Subcontractor- Subconsultant 4. Basic survey notes, design computations, and other data prepared under this Agreement shall be made available for use by the Sponsor without further compensation and without restriction or limitation on their use. (B). Electronically Produced Documents: 1. Electronically produced documents will be submitted to the Sponsor in data files compatible with AutoCAD 2004 (specify CADD version). The Consultant makes no warranty as to the compatibility of the data files beyond the above specified release or version of the stated software. 2. Because data stored on electronic media can deteriorate undetected or be modified without the Consultant's knowledge, the electronic data files submitted to the Sponsor will have an acceptance period of 60 days after receipt by the Sponsor, If during that period the Sponsor finds any errors or omissions in the files, the Consultant will correct the errors or omissions as a part of this Agreement. The • Consultant will not be responsible for maintaining copies of the submitted electronic data files after the acceptance period. 3. Any changes requested after the acceptance period will be considered addition) services for which the Consultant shall be reimbursed at the hourly rates established herein plus the cost of materials. 4. The data on the electronic media shall not be considered the Consultant's Instrument of service. Only the submitted hard copy documents with the Consultant Engineer's seal on them will be considered the instrument of service. The Consultant's nameplate shall be removed from all electronic media provided to the Sponsor. (C) The Sponsor may Incorporate any portion of the deliverables into a project other than that for which they were performed, without further compensation to the Consultant; provided however, that (1) such deliverables shall thereupon be deemed to be the work product of the Sponsor and the Sponsor shall use same at its sole risk and expense; and (2) the Sponsor shall remove the Consultant's name, seal, endorsement, and all other indices of authorship from the deliverables. (13) DECISIONS UNDER THIS AGREEMENT AND DISPUTES: (A) The Sponsor will determine the acceptability of the drawings, • 15 Rcv.10/01/05 • 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 r or growing out of the services of the Consultant, whether claims under this Agreement or otherwise. The Sponsors decisions shall be conclusive, binding and incontestable If not arbitrary, capricious or the result of fraud. (C) If the Consultant has a claim for payment against the Sponsor which In any way arises out of the provisions of this Agreement or the performance or non-performance hereunder, written notice of such claim must be made in triplicate within sixty (60) days of the Consultant's receipt of payment for the retained percentage. Notwithstanding paragraph 22 of this Agreement, the notice of claim shall be personally delivered or sent by certified mail to the Sponsor. The notice of claim shall contain an itemized statement showing completely and fully the items and amounts forming the basis of the claim and the factual and legal basis of the claim. • (D) Any claim for payment or an item of any such claim not Included in the notice of claim and itemized statement, or any such claim not filed within the time provided by this provision shall be forever waived, and shall neither constitute the basis of nor be Included in any legal action, counterclaim, set-off, or arbitration against the Sponsor. (E) The claims procedure in paragraphs 13 (C) and (D) do not apply to any claims of the Sponsor against the Consultant. Further, any claims of the Sponsor against the Consultant under this Agreement are not waived or estopped by the claims procedure in paragraphs 13 (C) and (D). (F) Not withstanding paragraphs (A) through (E) above, in the event of any material dispute hereunder, both parties agree to pursue, diligently and in good faith, a mutually acceptable resolution, (14) SUCCESSORS AND ASSIGNS: The Sponsor and the Consultant agree that this Agreement and all agreements entered into under the provisions of this Agreement shall be binding upon the parties hereto and their successors and assigns. (15) INDEMNIFICATION RESPONSIBILITY: (A) The Consultant agrees to save harmless the Sponsor, MoDOT and • 16 a".10/01/05 . 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. However, nothing in this provision shall otherwise act to extend any statures of limitation or statues of repose otherwise applicable which would limit or prohibit any cause of action • that may be brought against the Consultants by any person or party. (16) INSURANCE: (A) The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant and its employees, agents, and subconsultants In the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. (B) The Consultant shall also maintain professional liability insurance to protect the Consultant against the negligent acts, errors, or omissions of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. (C) The Consultant's Insurance coverages shall be for not less than the following limits of liability: 1. Commercial General Liability: $2,500,000.00 per occurrence; • 17 Rev,10101105 • 2. Automobile Liability: $2,500,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and 4. Professional ("Errors and Omissions") Liability: $1,000,000.00, each claim and in the annual aggregate. (D) The Consultant shall, upon request at any time, provide the Sponsor with certificates of Insurance evidencing the Consultant's commercial general or professional liability ("Errors and Omissions") policies and evidencing that they and all other required Insurance is in effect, as to the services under this Agreement. (E) Any Insurance policy required as specified In paragraph No. (16) shall be written by a company which is incorporated in the United States of America or Is based in the United States of America. Each Insurance policy must be Issued by a company authorized to issue such insurance in the State of Missouri. (17) CONSTRUCTION PHASE OF THE PROJECT: (A) This Agreement Includes planning and design services as provided by paragraph (2), Scope of Services and Exhibit II to this Agreement. Review of shop drawings and other construction phase services can be added by supplemental agreement after design has been completed and the construction contract period has been determined. (B) Because the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the construction contractor(s)' methods of determining prices, or over competitive bidding or market conditions, any of the Consultant's opinions of probable project costs and/or construction cost, if provided for herein, are to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified design professional, familiar with the construction Industry, but the Consultant cannot and does not guarantee that proposals, bids, or actual total project costs and/or construction costs will not vary from opinions of probable costs prepared by the Consultant. (C) The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the construction work, since these are solely the construction contractor(s)' responsibility under the construction contract(s). The Consultant shall not be responsible for the construction contractor(s)' schedules or failure to carry out the construction work in accordance with the construction contract(s). The Consultant shall not have control over or charge of acts of omissions of the construction contractor(s), or any of Its or their subcontractors, agents, or employees, or of any other persons performing portions of the construction work. • 18 Rev.101010 • (18) NONDISCRIMINATION ASSURANCE: With regard to services under this Agreement, the Consultant agrees as follows: (A) Civil Rights Statutes: The Consultant shall comply with all state and federal statutes related to nondiscrimination, Including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, 2000e), as well as with any applicable titles of the Americans With Disabilities Act (42 U.S.C. 12101, at seq.). In addition, if the Consultant is providing services or operating programs on behalf of the Sponsor or MoDOT, the Consultant shall comply with all applicable provisions of Title II of the Americans With Disabilities Act. (B) Executive Order: The Consultant shall comply with all provisions of Executive Order 94-03, Issued by the Honorable Mel Carnahan, Governor, on January 14, 1994, promulgating a code of fair practices in regard to nondiscrimination, which executive order is Incorporated herein by reference and made a part of this Agreement. This Executive Order 94-03 prohibits discriminatory employment practices by the Consultant or its subconsultants based upon race, color, religion, creed, national origin, sex, disability, veteran status, or age. (C) Administrative Rules: The Consultant shall comply with the USDOT rules relative to nondiscrimination in federally assisted programs of the USDOT (49 CFR Subtitle A, Part 21)which rules are Incorporated herein by reference and made a part of this Agreement. (D) Nondiscrimination: The Consultant shall not discriminate on the grounds of race, color, religion, creed, sex, disability, national origin, age, or ancestry of any individual In the selection and retention of subconsultants, including the procurement of materials and leases of equipment. The Consultant shall not participate either directly or Indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5, including in its employment practices. (E) The Solicitation for Subcontracts. Including the Procurements of Material and Equipment: These assurances which concern nondiscrimination also apply to the subconsultants and suppliers of the Consultant. In all solicitations either by competitive bidding or negotiation made by the Consultant for services to be performed under a subcontract (including procurement of materials or equipment), each potential subconsultant or supplier shall be notified by the Consultant of the requirements of this Agreement relative to nondiscrimination on the grounds of the race, color, religion, creed, sex, disability, national origin, age, or ancestry of any individual. (F) Information and Reports: The Consultant shall provide all Information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the USDOT to be necessary to ascertain compliance with other contracts, orders, and Instructions. Where any Information which Is required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this Information, the Consultant • 19 Rev,iorovos • shall so certify to the Sponsor or the USDOT as appropriate, and shall set forth what efforts the Consultant has made to obtain the information. (G) Sanctions for Noncompliance: In the event the Consultant fails to comply with the nondiscrimination provisions of this Agreement, the Sponsor shall Impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments to the Consultant under this Agreement until the Consultant and its subconsultant(s) comply; or 2. The cancellation, termination, or suspension of this Agreement, In whole or in part; or both. (H) Incorporation of Provision: The Consultant shall include these nondiscrimination provisions in every subcontract it makes relating to this project, Including the procurement of materials and lease of equipment, unless exempted by federal law, or USDOT regulations or instructions. The Consultant shall take such action with respect to any subcontract or procurement as the Sponsor or MoDOT may direct as a means of enforcing these provisions, including sanctions for noncompliance; provided that in the event the Consultant becomes Involved or is threatened with litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the United States to enter into such litigation to protect the Interests of the • United States. The Consultant shall take the acts which may be required to fully Inform Itself of the terms of, and to comply with, said state and federal laws. (19) AVIATION FEDERAL AND STATE CLAUSES: (A) Airport and Airway Improvement Act of 1982, Section 520 General Civil Rights Provisions, (Version I, 1/5/90): The Consultant assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the consultant or its transferee for the period during which Federal assistance is extended to the airport aid program, except where Federal assistance is to provide, or is in the form of personal property or real property or Interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport commission or any provision of similar services or benefits or(b) the period during which the airport commission or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. (B) Rights to Inventions -49 CFR Part 18, (Verslon I 1/5/90): • 20 Rev.WOWS • 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. Information regarding these rights is available from the Sponsor or the FAA. (C) Breach of Contract Terms Sanctions - 49 CFR Part 18. (Version I. 1/5/90 : Any violation or breach of the terms of this contract on the part of the Consultant or Subcontractor/Subconsultant may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. (D) Trade Restrictions Clause-49 CFR Part 30, (Version I. 1/5/90): 1. The Consultant or subconsultant, by submission of an offer and/or execution of a contract, certifies that it: A. Is not owned or controlled by one or more citizens or nationals of a foreign country Included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade representatives (USTR). B. has not knowingly entered into any contract or • subcontract for this project with a Consultant that is a citizen or national of a foreign country on said list, or Is owned or controlled directly or indirectly by one or more citizens or nationals or foreign country on said list. C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced In a foreign country on said list. 2, Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Consultant or subconsultant who is unable to certify to the above. If the consultant knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the FAA may direct, through the Sponsor, cancellation or the agreement at no cost to the Sponsor, MoDOT or the Federal Government. 3. Further, the Consultant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Consultant may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous, 4, The Consultant shall provide immediate written notice to the • 21 Rcv.10101105 • 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 circumstance. The subcontractor/subconsultant agrees to provide immediate written notice to the Consultant, if at any time it learns its certification was erroneous by reason of changed circumstances. 5. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Consultant or subconsultant knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Agreement or subcontract for default at no cost to the Sponsor or the Federal Government. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant Is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 7. This certification concerns a matter within the jurisdiction an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. (E) Certification Regarding Debarment, Suspension. Ineligibility and Voluntary Exclusion, (Version I. 1/5/90): . The consultant certifies, by submission of this proposal or acceptance of this contract, that neither It nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will Include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. (F) Energy Policy and Conservation Act: The consultant shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). (20) ACTIONS: No action may be brought by either party hereto concerning any matter, thing, or dispute arising out of or relating to the terms, performance, non- performance, or otherwise of this Agreement except in the Circuit Court of Callaway County, Missouri. The parties agree that this Agreement is entered into at City of Jefferson, Missouri and substantial elements of its performance will take place or be delivered at City of Jefferson, Missouri, by reason of which the Consultant consents to venue of any action against it in Callaway County, Missouri. The Consultant shall cause this provision to be Incorporated into all of Its agreements with, and to be binding upon, all subconsultants of the Consultant in the performance of this Agreement. (21) AUDIT OF RECORDS: For purpose of an audit, the Consultant shall . 22 kcv.10101105 • maintain all those records relating to direct costs and expenses incurred under this Agreement, Including but not limited to Invoices, payrolls, bills, receipts, etc. These records must be available at all reasonable times to the Sponsor, MoDOT and the FAA or their designees and representatives, at the Consultant's offices, at no charge, during the Agreement period and any extension thereof, and for the three (3) year period following the date of final payment made under this Agreement, If the Sponsor has notice of a potential claim against the Consultant and/or the Sponsor based on the Consultant's services under this Agreement, the Consultant, upon written request of the Sponsor, shall retain and preserve Its records until the Sponsor has advised the Consultant in writing that the disputed claim is resolved. (22) NOTICE TO THE PARTIES: All notices or communications required by this Agreement shall be made in writing, and shall be effective upon receipt by the Sponsor or the Consultant at their respective addresses of record. Letters or other documents which are prepared in 8.5 x 11 inch format may be delivered by telefax, provided that an original is received at the same address as that to which that telefax message was sent, within three (3) business days of the telefax transmission. Either party may change Its address of record by written notice to the other party. (A) Notice to the Sponsor: Notices to the Sponsor shall be addressed and delivered to the following Sponsors representative, who is hereby designated by the Sponsor as its primary authorized representative for administration, interpretation, review, and enforcement of this Agreement and the services of the Consultant hereunder: NAME AND TITLE OF SPONSOR'S REPRESENTATIVE Ron Craft,Airport Division Director SPONSOR'S NAME City of Jefferson SPONSOR'S ADDRESS 320 East McCarty Street Jefferson City, Missouri 65101 PHONE 573-634-6469 FAX E•MAILADDRESS RCraftonieffcitymo.oro 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 • 23 Rev.10,01/03 and delivered to Consultant's representative, as follows: NAME AND TITLE CONSULTANT'S REPRESENTATIVE David G. Hadel P.E., Director of General Aviation Services CONSULTANT'S NAME Bums & McDonnell Engineering Company, Inc. CONSULTANT'S ADDRESS 9400 Ward Parkway Kansas City, Missouri 64114 PHONE 816-822-3378 FAX 816.822-3415 E-MAIL ADDRESS dhadel(a�burnsmcd.com The Consultant reserves the right to substitute another person for the individual named at any time, and to designate one or more other representatives to have authority to act upon Its behalf generally or in limited capacities, as the Consultant may now or hereafter deem appropriate. Such substitutions or designations shall be made by the Consultant's president or chief executive officer in a written notice to the Sponsor. (23) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Consultant shall comply with all local, state, and federal laws and regulations which govern the performance of this • Agreement. (24) CONFIDENTIALITY: The Consultant agrees that the Consultant's services under this Agreement is a confidential matter between the Consultant and the Sponsor. The Consultant shall not disclose any aspect of the Consultant's services under this Agreement to any other person, corporation, governmental entity, or news media, excepting only to such employees, subconsultants, and agents as may be necessary to allow them to perform services for the Consultant in the furtherance of this Agreement, without the prior approval of the Sponsor; provided, however, that any confidentiality and non-disclosure requirements set out herein shall not apply to any of the Consultant's services or to any Information which (1) is already in the public domain or Is already in the Consultant's possession at the time the Consultant performs the services or comes Into possession of the information, (2) is received from a third party without any confidentiality obligations, or(3)is required to be disclosed by governmental or judicial order. Any disclosure pursuant to a request to the Sponsor under Chapter 610, RSMo, shall not constitute a breach of this Agreement. The content and extent of any authorized disclosure shall be coordinated fully with and under the direction of the Sponsor, in advance. (25) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Sponsor and the Consultant. (26) SEVERABILITY AND SURVIVAL: . 24 Rev.10,01103 • (A) Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Sponsor and the Consultant. (B) All express representations, Indemnifications, or limitations of liability made or given in this Agreement will survive the completion of all services by the Consultant under this Agreement or the termination of this Agreement for any reason. (27) PAYMENT BOND: In the event a subconsuitanl is used for any services under this Agreement, Consultant shall provide a payment bond under Section 107.170 RSMo. Supp., as amended, for any services which are printing, aircraft, archaeology, surveying, hazardous waste or geotechnicai including but not limited to the collection of soil samples. Any payment bond must be acceptable to the Sponsor and must be provided prior to the performance of service. The cost for the payment bond must have been Included in the fee of the Consultant under this Agreement. A payment bond shall not be required for subconsultant services for which the aggregate costs are $25,000 or less or when the subconsultant is an engineering firm that is performing non-engineering services per current MoDOT policy. (28) CERTIFICATION ON LOBBYING: Since federal funds are being used for this agreement, the consultant's signature on this agreement constitutes the execution • of all certifications on lobbying which are required by 49 CFR Part 20 Including Appendix A and B to Part 20. Consultant agrees to abide by all certification or disclosure requirements in 49 CFR Part 20 which are incorporated herein by reference. (29) ATTACHMENTS: The following Exhibits and other documents are attached to and made a part of this Agreement: (A) Exhibit 1: Project Description. (B) Exhibit II: Scope of Services. (C) Exhibit IIA: Current FAA Advisory Circulars, Standards, Guidance and MoDOT Standards (D) Exhibit III: Services Provided by the Sponsor. (E) Exhibit IV: Derivation of Consultant Project Costs. (F) Exhibit V: Engineering Basic and Special Services - Cost Breakdown. (G) Exhibit VI: Performance Schedule (30) WAIVER OF CONSEQUENTIAL DAMAGES: In no event will Consultant • 25 Rev.mrouo5 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 or Sponsor, or governmental fines or penalties. (31) LIMITATION OF LIABILITY: The Consultant's aggregate liability for all damages connected with its services for the Project not excluded by the preceding subparagraph whether covered by insurance or not, will note exceed the greater of US$1,000,000 or the compensation paid under this Agreement. 26 Rev.10,01105 • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officials. Executed by the Consultant the ;r/ day of f*jO —, 2006. Executed by the Sponsor the day of �-G`s- 20eq' . Sponsor. Consultant: City of Jefferson Burns& McDonnell Engineering Company, Inc. By: -aj;Ez Signature Signature Title: Title: Director of General Aviation Services ATTEST: ATTEST: B y y: v Si nature B Signature Title: Title: jj� V� App Fpm; C�lnv�n c�t�uv� I red: 3f�(o� City Counselor ry .............. ........ •• �° 27 Rev.10101105 • EXHIBIT I PROJECT DESCRIPTION 1, Design and Construction Improvements., a. Construct Taxiway A northwest of Runway 9-27 (approximately 2,500' x 35')with fillets to accommodate group III aircraft. b. Construct Taxiway B southwest of Runway 12-30 (approximately 2,450' x 35')with fillets to accommodate group III aircraft. c. Reconstruct Taxiway B northeast of Runway 12-30 (approximately 750' x 35'). d. Construct new taxiway connectors at Runway 12 and connect Into existing apron. Improvements will require new geometric revisions to improve the line of sight for pilots using Runway 12. e. Reconstruct Taxiway A (at Runway 30) and Taxiway A4 fillets to meet group III design criteria. f. Install a medium intensity taxiway lighting (MITL) system for items 1-3 describe above. The design may require the installation of a new regulator and or vault modifications. g. Evaluate the feasibility of replacing Taxiway A lighting as located southeast of Runway 9-27. h. Construct surface drainage, seeding and ancillary Improvements associated with the construction of the above noted improvements. . i, Completing the Categorical Exclusion (CE) checklist per the requirements of FAA Order 5050.4A. (Since no land is to be acquired within the limits of these planned Improvements) 2. Perform a Type 405D survey for Runway 12. Exhibit I-1 • EXHIBIT II SCOPE OF SERVICES The Consultant, In consideration of the payment on the part of the Sponsor, agrees to perform the engineering services enumerated as follows: This Scope of Services will produce engineering documents for the bidding and construction of approximately 2,500' x 35' for Taxiway A, 2,450' x 35' for Taxiway B, reconstruction of existing Taxiway B to meet the centerline of Runway 9-27 to centerline of Taxiway B distance of 240' as required in the FAA Advisory Circulars, reconfiguration of the taxiway and runway interface at Runway 12 to Improve the flow of traffic and pilot line of sight and geometric revisions at Taxiway A (south) at Runway 30 and Taxiway A4 to accommodate the honing movements of group III aircraft. Pavements will be designed for(as a minimum) 513,000 Ibs, Duel Wheeled Gear (DWG). Phasing plans will be developed to minimize the Impact to airport operations throughout the construction of all elements of the work. The Consultant will utilize a topographical survey (as provided by the Sponsor) and procure geolechnical investigation required for project design and produce engineer's design report, construction plans (as indicated herein), construction documents/technical specifications, tabulation of construction quantities and engineer's opinion of probable construction costs. The Consultant will assist the Sponsor with the . preparation of any addenda during the bidding process and will conduct the prebid meeting. All services will be performed in accordance with all applicable federal, slate and local laws, ordinances, regulations and codes, current Minimum Standards for Surveys as established by the Department of Natural Resources, Division of Geology and Land Survey of the Stale of Missouri, together with good engineering practice and applicable FAA advisory circulars (AC's), standards, guidance and/or agency orders and MoDOT Standard Specifications for Highway Construction and changes/revisions current at the time of execution of this Agreement including but not limited to those listed on attached EXHIBIT IIA. The Consultant shall not proceed with services herein until a notice-to-proceed is received from the Sponsor unless otherwise requested by the Sponsor. The following Is a detailed description of the specific services that are required by this Agreement. BASIC SERVICES for AIRFIELD IMPROVEMENT 1. Preliminary Phase. 1.01 Perform visual observations and collect airfield data. 1.02 Review existing data and cost estimates. 1.03 Develop the scope of work for geotechnical services. 1.04 Develop the scope of work for project design survey. 1.05 Perform an internal quality review(01) by Independent senior level staff. Exhibit 11 -1 • 1.06 Develop preliminary cost estimates. 1.07 Develop preliminary construction schedules. 1.08 Prepare a preliminary design report which will be discussed during the preliminary design meeting. The preliminary design report will include the following items: a. A narrative regarding the airport Improvements in this project. b. Pavement design calculations and proposed typical sections. c. Geotechnical investigation and laboratory test results. d. Analysis of alternatives (life cycle)and recommendations. e. Drainage analysis/calculations. f. Pavement marking analysis. g. Hold sign design. h. Seeding/top soiling considerations• i. Lighting system design. J. Analysis of Part 77 obstruction criteria as applied to this project, k. A preliminary list of any proposed modifications to design/construction standards and other FAA and MoDOT standards along with the reason(s) and justifications for the modifications. I. An engineer's opinion of probable construction cost. m. Summary of recommendations. n. Existing sign evaluation and upgrades needed per FAA inspection records. 1.09 Perform an internal quality review (Q2) by independent senior level staff. • 1.10 Attend and conduct a preliminary design meeting with Sponsor and MoDOT at MoDOT offices. 1.11 Provide an Environmental Assessment that meets the requirements of FAA Order 5050.4A. (Since no land is to be acquired a Categorical Exclusion (CE) Checklist shall be completed for the proposed improvement 2, Design Phase. 2.01 Prepare construction plans, special provisions and technical specifications in accordance with current MoDOT and FAA standards, and other criteria as described herein. General provisions/contract controls and technical specifications shall be those in the FAA advisory circulars (AC's), standards, guidance and/or agency orders and MoDOT Standard Specifications for Highway Construction and changes/revisions current at the time of execution of this Agreement including but not limited to those listed on attached EXHIBIT IIA.The estimated drawing list may include the following drawings: a. Cover Sheet b. Legend, Abbreviation and Summary of Quantities c. Access and Safety Plans d. Phasing Plans e. Demolition Plans f. Site Plans g. Grading and Utility Plans h. Profiles Drawings 1. Striping Plans Exhibit ii-2 J. Erosion control Plans k. Jointing Plans I. Rigid Pavement Plans m. Pavement Details n. Striping Details o. Storm Drainage Details p. Erosion control Details q. Cross Sections r. Electrical Legend and Abbreviation Drawing s. Electrical Demolition Plans t. Electrical She Plans u. Signage and Lighting Details v. Miscellaneous Details 2.02 Prepare project specifications. 2.03 Prepare Sponsor and MoDOT front end documents. 2.04 Revise the preliminary construction cost estimate. 2.05 Revise the preliminary construction schedule. 2.06 Prepare the final engineering design report. 2.07 Perform an internal quality review (Q4-Q6)by independent senior level staff. 2.08 Revise contract documents per quality review comments. 2.09 Submit five sets of 90% (prefinal) contract documents to Sponsor and MoDOT for review. 2.10 Revise contract documents per Sponsor and MoDOT 90% review comments . and resubmit sealed documents for final approval. 2.11 Provide 25 sets of sealed contract documents to Sponsor for bidding purposes. 2.12 Provide electronic copy of construction plans to Sponsor. 3. Bidding and Construction Award Phase. 3.01 Assist Sponsor with advertising the project. 3.02 Attend and conduct a prebid meeting. 3.03 Prepare any addenda for the project. 3.04 Respond to questions during the bidding phase. 3.05 Tabulate bids and provide recommendations to Sponsor and MoDOT. 3.06 Assist Sponsor with preparing contract documents. SPECIAL SERVICES 1. Geotechnical 1.01 Obtain soil samples and perform laboratory tests required for pavement design and establishment of excavation and embankments. The laboratory analysis will Include a. Soil classification b. Atterberg limits c. Combined sieve/hydrometer analysis d. Optimum moisture and density requirements of soils) e. California Bearing Ratio and/or correlated K value f. Preliminary evaluation for chemical stabilization for subgrades and/or base Exhibit 11 -3 • COUfSBS 1.02 Test results, location of tests, locations of boring, boring logs, any recommendations and other pertinent data will be included (as applicable) in the engineer's report. A copy of the actual subsurface Investigation as prepared by the geotechnical engineer will be submitted to the Sponsor and MoDOT concurrently with the engineer's report. • • Exhibit 11 •4 EXHIBIT IIA FAA Advisory Circulars, Standards, Guidance and Commission Standards Updated on: 10/01/05 NUMBER TITLE ,70f7460-1 K Change ange1 Obstruction Marking and Lighting 150/5070-613 Airport Master Plans 150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17 Land Acquisition and Relocation Assistance for Airport Improvement Program Changes Assisted Projects 1 through 4 150/5200-28B Notices to Airmen (NOTAMS)for Airport Operators 150/5200-30A Changes Airport Winter Safety and Operations 1 through 8 150/5200-32A Reporting Wildlife Aircraft Strikes . 150/5200-33A Hazardous Wildlife Attractants on or Near Airports 150/5210-513 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-20 Ground Vehicle Operations on Airports 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16C Automated Weather Observing Systems (AWOS)for Non Federal Applications 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 15015220-20 Airport Snow and Ice Control Equipment Change 1 ; 150/5230 4A Aircraft Fuel Storage, Handling, and Dispensing on Airports 150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes i 15015300.9A Predesign, Prebid and Preconstruction Conferences for Airport Grant Projects ' Exhibit IIA-1 • 150/5300-13 Changes 1 through 9 Airport Design and Aircraft Characteristic Database 150/5300.14 Changes Design of Aircraft Deicing Facilities 1 through 2 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320.5B Airport Drainage 15015320-61) Changes Airport Pavement Design and Evaluation 1 through 3 150/5320.12C Measurement, Construction, and Maintenance of Skid Resistant Airport Changes Pavement Surfaces 1 through 6 150/53254B Runway Length Requirements for Airport Design 150/5335.5 Standardized Method of Reporting Airport Pavement Strength PCN 150/5340-1J Standards for Airport Markings 15015340-5B Segmented Change 1 Circle Airport Marker System 150/5340-18D Standards for Airport Sign Systems 15015340-26A Maintenance of Airport Visual Aid Facilities 150/5340-30A Design and Installation Details for Airport Visual Aids _ 150/5345-1V Approved Airport Equipment 15015345.3E Specification for L-821 Panels for Control to Airport Lighting i 150/5345-5A Circuit Selector Switch 150/5345.7E Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 1 150/5345-10F Specification for Constant Current Regulators Regulator Monitors _ ,15015345-12D Specification for Airport and Heliport Beacon 150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits Exhibit IIA -2 1 150/5345-26C Specification for L-823, Plug and Receptacle, Cable Connectors 150/5345.27D Specification for Wind Cone Assemblies 150/5345.28F Precision Approach Path Indicator Systems (PAPI) 150!5345-396 FAA Specification L-853, Runway and Taxiway Centerline Retroreflective Markers 150/5345 42D Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories 15015345.43E Specification for Obstruction Lighting Equipment 150/5345.44G Specification for Taxiway and Runway Signs 150/5345.45A Lightweight Approach Light Structure 150/5345-46B Specification for Runway and Taxiway Light Fixtures 150/5345-47B Isolation Transformers for Airport Lighting Systems 150/5345498 Specification L-854, Radio Control Equipment 150/5345.50 Specification for Portable Runway Lights 150/5345.51A Specification for Discharge-Type Flasher Equipment . 150/5345-53B Chang Change 1 and Airport Lighting Equipment Certification Program Addendum 1 150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 15015360-9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations ._...-_....... 150/5360-11 Energy Conservation for Airport Buildings 150/5360-12D Airport Signing &Graphics 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities ; 150/5360-14 Access to Airports by Individuals with Disabilities 150/5370.2E Operational Safety on Airports During Construction 150/5370.613 Construction Progress and Inspection Report—Airport Grant Program 150!5370-108 Standards for Specifying Construction of Airports i 15015370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5380.58 Debris Hazards at Civil Airports Exhibit IIA-3 • 15015380.6A Guidelines and Procedures for Maintenance of Airport Pavements 150/5380.7 Pavement Management System 15015380.8 Handbook for Identification of Alkali-Silica Reactivity in Airport Pavements 15015390.28 Heliport Design FAA 910-Predesign Conference FAA 920 - Engineers Report (6 Pavement Design) FAA 940-Regional Modifications to Standards FAA 950 - Sponsor Modifications to FAA Standards FAA 960-Safety Plan FAA 1040- Preconstruclion Meeting FAA 1060- Labor Requirements FAA 1100-Runway Commissioning FAA 1310-Environmental Site Assessment FAA 1750-Airport Pavement Maintenance Program • FAA Technical Topics-Central Region _ MoDOT MoDOT DBE Program The key Items are listed above and are available on the MoDOT aviation website (htin:l/www.modot.mo.gavlothertransportation/aviation/aviationorantdoc him), the Central Region FAA Airports Division website (www.faa.00v/arp/ace), or other website as Indicated. The source for each item is indicated in the left column. Exhibit IIA-4 EXHIBIT III SERVICES PROVIDED BY THE SPONSOR The Sponsor, as a part of this Agreement, shall provide the following: 1. Provide all aerial mapping as required for the airport layout drawings and topographic surveys within the project area(s) defined in the Engineer's Scope of Work, Exhibit 11. 2. Obtain approvals and permits including a Storm Water Pollution Prevention Plan from all governmental entitles having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 3. Prompt written notice to the Consultant whenever the Sponsor observes or knows of any development that affects the scope or timing of the Consultant's services. 4, One (1) copy of existing plans, standard drawings, bid item numbers, reports or other data the Sponsor may have on file with regard to this project. • 5, Pay all publishing cost for advertisements of notices, public hearings, request for proposals and other similar Items. The Sponsor shall pay for all permits and licenses that may be required by local, state or federal authorities. 6. Issue Notice to Airmen (NOTAM's) through the applicable FAA Flight Service Station. 7. Disadvantaged business enterprise (DBE) goals for the project based upon proposed bid items, quantities and opinions of construction costs. 8. Guidance for assembling bid package to meet Sponsors bid letting requirements, 9. Designate contact person (see paragraph 22-A). 10 Pay costs for title searches. • Exhibit 111 -1 , ELEMENT 1: DERIVATION OF CONSULTANT PROJECT COSTS • PRELIMINARY PHASE Construct Taxhvays A&B Jefferson City Memorial Airport Design&Construct Tsxhvays A 6 B BASIC AND SPECIAL SERVICES FOR DESIGN SERVICES January 10,2008 1 DIRECT SALARY COSTS: TITLE HOURS RATEMOUR COST W Pre)ect Manapor ':f':% 150, 11 $54 3.45 Sr.Planner =8.{'.18m, .u116 5463.86 Sr.Civil E ? ng 44, •:50 .j� S1.�k; $1,055.70 , Staff Civil Eng •iryT,B'!.0 ,_ 51,399.32 Sr.Slruct.Eng .':;;; ,.;D 6' .•;��-' '11 $0.00 Sr.Mach.Eng ,,�6Q� k $0.00 Sr.Elea Eng >�,, AS '��. $32.09 rr_ Staff Elec.Eng )" i) !1�0 �;'� $1,020.88 Asst.Elea Tech. •0.0 ' $O.00 Sr.Tech l� '1:5 •6'r"' : : $32.25 .. Staff Tech ';;;p,!•4.0 $74.52 Clerical 8.0 .', 8.72 $125.76 165.50 Total Direct Salary Costs 54,747.45 2 LABDR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Direct Salary Costs 194.99% = $9,257.05 • 3 SUBTOTAL: Items 1 and 2 $14,004.50 4 PROFIT: 10.00% of llom 3 Subtotal $1,40045 Subtotal 515,404.95 Lump Sum Fee 5 OUT-OF-POCKET EXPENSES: a. M8ea9e(01111ca) ` Miles , _/Mile 5346.DD b. Transport. l'ld) Months N. OD C. Motel(Office) 0 / S . 0 d. Mehl(Dead) y '"• Nights @ ;' /Night- $0.00 e. Meals :• i`. ,Days @ :I taY /Day • 512500 L ComputarCADD _ _ Hours Q /Hour• $38.50 g. Computer Erg, "xartyy 'Hours @ t4 ;'.. I Hour- h.Materials and Supplies •�adrt r., Total Oubo1•Pockel Expenses • $1,971.50 6 SUBCONTRACT COSTS: a, Surveyor = b. Geolechnical Engineer = c. Permit Fees = SO.DO 7 MAXIMUM TOTAL FEE: Items 1,2,3,4,6 and 6 517,376AS • EXHIBIT IV-1 ELEMENT 2: DERIVATION OF CONSULTANT PROJECT COSTS DESIGN PHASE Construct TorMays A 8 B Jefferson City Memorial Airport Design A Construct Ta:Mays A A B BASIC AND SPECIAL SERVICES FOR DESIGN SERVICES January 10,2006 1 DIRECT SALARY COSTS: TITLE HOURS RATEMOUR COST IS) Project Manager `i.,t 0 ^�.• 54,450.29 Sr.Planner .; •:': +: $0.00 Sr.Civil Eng :�'{ 1 •' " S '• 85,247,45 Staff Civil Eng i Iv :?��. 1 $12,001.18 Sr.SWCi.Eng 6 $OHO Sr.Mach.Eng ;t ;. . .hi y r11 $0.00 Sr.Elec.Enp ;y,: - �0 f+f���-.O9 $1,470.14 Staff Elea Eng •%isu:OZ 54,142.70 Asst.Elec.Tern. Q3.0 :1, 2:77:: 52,345.31 Sr,Tech 1 $�2M6'A ;;'x'{21,60. 35,207.50 Staff Tech t `.5ti0 .S1B:K7 511,047.59 Clerical .( E'?'r.CIO 516,72 $597.36 1901.00 Total Direct Salary Costs = $48,582.26 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Direct Salary Costs ® 194.99% 590,830.75 • 3 SUBTOTAL: Items 1 and 2 = 5137,413.01 4 PROFIT: 10.DO% of llem 3 Subtotal = $13,741.31) Subtotal $151,154.31 Lump SumFeo O OMF-POCKET EXPENSES: a. Mileage(office) i.. Miles /Mae = $173.00 b. Transport.(field) "f ;[ Months® `� �0 I Mo.= $0.00 c. Motel(office) '' ;;: ,Nights @ (X),I Night- $0,00 d. Motel(field) fi`(1 - Nights ;� '/Night= $0.00 e. Meals r. •Days as �y'; : pb;/Day - SD.00 L Computer CADD .(OR Hours® w'"' y117��'/Hour- $8,687.00 g. Computer Eng, -•: W Hours® .:;+'' AD/Hour= $3,360.00 h.Materials and Supplies °Y"'"eE�{1;liMIpD- Total OULof•PockatExpenses = 511,412.00 6 SUBCONTRACT COSTS: a. Surveyor = "' b. Geotachnfcal Engineer = c. Permit Fees = = $0.00 7 MAXIMUM TOTAL FEE: Items 1,2,3,4,5 and 6 = $162,6110.31 • EXHIBIT IV-2 t ELEMENT 3: DERIVATION OF CONSULTANT PROJECT COSTS BIDDING L COSST.AWARD PHASE • Construct Taxhvays A L B Jefferson City Memorial Airport Design L Construct Taxiways A L B BASIC AND SPECIAL SERVICES FOR DESIGN SERVICES January 10,2006 t DIRECT SALARY COSTS: TITLE HOURS RATEIHOUR COST f31 Project Manager 93823 5797,06 Sr.Planner r 9717,E _ $23.98 S0.D0 Sr.Civil Eng 3=!2,'f1enl ()' .431.1115 $0.00 SLeH Civil Eng " 926.81 $511.29 Sr.Sbuct.Eng $31.25. $0.00 Sr.Mach.Eng -192 , 1 $0.00 $0.00 Sr.Elec.Eng ,: ,., .,.0)0 rhyw Staff Elec.Eng ,"�';:'-'11:5 , �;., ti $345.23 As T ochc.Tech. "'+'` uG �. $0.00 Staff Clerical" ' ='s:9s�$•83 $0.00 .' �+'4Y'�,,1!5.0 '515.72 547.18 57,50 Total Direct Salary Costs a $1,746,28 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Direct Salary Coats ® 194.99% = $3,405.07 • 3 SUBTOTAL: Roma 1 and 2 $5,151.35 4 PROFIT: 10.00% of Item 3 Subtotal = 551514 6 OUT-OF-POCKET EXPENSES: Subtotal $5,666.48 Lump Sum Fee , a. Mileage(offica) 1��W.OD`Miles (� ;: ;:90;M5„/Mile = $173,00 b. Transport.(Gold) +Months®LL'j, 0 '/Mo.- $0.00 o. Motel(office) Nights C I'll, J. �/Night= $0.00 d• Motel(field) �NightsC yr2 .1 ;/Night= 50.00 e, Meals 'Days a 2' '-, ;/Days 550.00 I. ComputerCADD Hours a M, /Hour• $14.00 g. Computer Eng, Hours� 7;�itk /Hour• $194.25 h.Materiels and Supplies Total Out-of-Pocket Expenses a $531,25 6 SUBCOWRACT COSTS: a. Surveyor b. Goolechndcal Engineer a C. Permit pees = $0.00 7 MAXIMUM TOTAL FEE• Items 1,2,3,4,5 and 6 $6,197.74 • EXHIBIT IV-3 • ELEMENT 4: DERIVATION OF CONSULTANT PROJECT COSTS QUALITY CONTROL • Construct Taxhvays A A B Jefferson City Memorial Airport Design 8 Construct Taxhvays A 8 B BASIC AND SPECIAL SERVICES FOR DESIGN SERVICES January 10,200E 1 DIRECT SALARY COSTS: TITLE HOURS RATE/HOUR COST($I Pro)ect Manager .. 25 y i•• $90.58 Sr.Planner 0.0 !!'. $0.00 Sr.Civil Eng '. 53.0 '4 $1,645.65 Staff Civil Eng =119.0 :.t y 3340.113 ' 4. Sr.Slrucl.Eng ""''.0.0 $0.00 Sr.Meth.Eng ,r�r+�,'0,0 �i!,? r}1.' $0.00 Sr.Elea Eng $873.89 Staff Eloc.Eng ^zr53b,Oz $270.16 Asst.Else.Tech. $22.77 Sr.Tech );0 .a;ab. 521,50 Staff Tech •;0.0 "h 'i;l� , $0.00 Clerical 0.0 "".! $0.00 100.50 Total Direct Salary Costs = $3,074.40 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Direct Salary Costs ® 194.99% $5,904.76 • 3 SUBTOTAL: Items 1 and 2 = $9,089.10 4 PROFR: 10.00% of Item 3 Subtotal $906.92 Subtotal $9,976.07 Lump Sum Fee 5 Ol1T-0F.POCKET EXPENSES: , a. Mileage(office) j,:,�cy�Q,Qp Miles @ ;SOSM/Night-/Mile = $0.00 b. Transport.(field) t G p ,Months®c'jti f Mo.= $0.00 c. Motel(office) Nights® h;H;�i /Nlghl= $0,00 d. Motel(field) Nights Q ,.'� i.' $0.00 o. Meals tLC Days ® :,c^�?j� Ao/Day L Computer CADD r7• �y. Hours@ i.tw,., /Hour= $14.00 g. Computer Erg. ;` Hours® .-"j{y.'ta-j;6D/Hour= $344.76 h.Materiels and Supplies Total Out-of-pocket Expenses = $358.75 E SUBCONTRACT COSTS: a. Surveyor = :i ' b. Geolechnical Engineer = :(rsl;tin; •i c. Permit Fees = $0.00 7 MAXIMUM TOTAL FEE: Items 1,2,3,4,5 and 6 $10,334.82 • EXHIBIT IV-4 ' ELEMENT 6: DERIVATION OF CONSULTANT PROJECT COSTS PERMIT FEES • Construct Taxiways A 8 B Jefferson City Memorial Airport 4 Design&Construct Taxiways A&B BASIC AND SPECIAL SERVICES FOR DESIGN SERVICES January 10,2006 1 DIRECT SALARY COSTS: TITLE HOURS RATEIHOUR COST f$1 Pmject Manager 0.0 +r;'"n' i $0.00 Sr.Planner .ti. ., $0.00 Sr.Civil Eno OO.t1 _� •!'�, $0.00 Staff Civil Eng JhI"`''O.L .., y $0.00 ' Sr,Strucl.Eng $0.00 Sr.Merit.Eng '•,- 'O.D ;u�� 30100 Sr.Elec.Eng •0.0 Staff Elec.Eng 0.0 "f -% b�U2 $0.00 Asst.Elec.Tech. ^0,0 :522.77 $0.00 "d0 $0.00 Sr.Tech :ii�.;rt� ,, .621010 Staff Tech c•;{•,x;0.0. .;��.i>i $0.00 Clerical +1�:a.t60 '^ 16772+ $0.00 0.00 Total Direct Salary Costs = $0.00 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Direct Salary Costs Q 194.99% = $0.00 $ SUBTOTAL: Items 1 and 2 = 50.00 4 PROFIT: 10.00% of Item 3 Subtotal = $0.00 Subtotal 50.00 Lump Sum Fee 5 OUT-OF-POCKET EXPENSES: a. Mileage(office) .;;J;,; ig dO,Miles °' ' /Mile = $0.00 b. Transport.(field) .-,,;%t6.t71j Months @ . .I Mo._ $0.00 C. Motel(office) Nights @ I Night= $0.00 d. Motel(field) :':r( N.�Sr��ur,Nights @ " ' /Night- $0.00 a.I. Meals erCADD Hours,•..Q.00 ® v µ 1�.1 Day s $0.00 .irti,.y .00IHour 50,00 r�A:DHour � ;g. Computer Eng. ;ii1 Hour= $0.00 h,Materials and Supplies ••l`^,"t(„ i� Total Out-of-pocket Expenses $0,00 6 SUBCONTRACT COSTS: a. Surveyor = ' n• b, Geotachnical Engineer c. Permit Fees t _ $300.00 7 MAXM6UM TOTAL FEE; Items 1,2.3.4.5 and 6 • $300,00 • EXHIBIT IV-6 r ' + ' ELEMENT 10: DERIVATION OF CONSULTANT PROJECT COSTS GEOTECHNICAL Construct Taxiways A 6 B Je femon City Memorial Airport Design 6 Construct Taxiways A 6 B BASIC AND SPECIAL SERVICES FOR DESIGN SERVICES January 10,2008 1 DIRECT SALARY COSTS: TITLE HOURS RATEIHOUR COST l5I Project Manager •Iy. •+}0.0 ; '"i $0.00 Sr.Planner ?i;0.0 t $0.00 Sr.Civil Eng ?'�`!0,0 +�'� $0.00 Staff Civil Eng . '.4t.'!',`(lA $0.00 Sr.Slrucl.Eng •:� ' O;tl. $0.00 Sr.Mach.Eng r`�°Z0.0 $0.00 Sr.Eloc.Eng $0.00 Staff Elea Eng t�'+b.0 IO2` $0.00 Asst.Else,Tech. $0.00 Sr.Tech •0.0 i•:yg,, $0.00 Staff Tech 0.0 �; }iy $0.00 Clerical 0.0 i'n•tR e' $0.00 0.00 Total Direct Salary Costa $0.00 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Wart Salary Cosh Q 194.99% $0.00 • 3 SUBTOTAL: Items 1 and 2 $0.00 4 PROFIT: 10.00% of Item 3 Subtotal = $0.00 Subtotal $0,00 Lump Sum Fee 8 OUT-QF-POCKET EXPENSES: , a. Mileage(office) A4 ° " J Was @ /Milo • $0.00 b. Transport,(field) t . j Months 0 1 Mo.= $0.00 C. Motel(office) + - ,Nights@ /Night• $0.00 d. Motel(field) if ;Nights Q /'ail '/Night• $0.00 s a. Meal 1,Sl3.Days ® ::'•'z1,- , /Day - $0.00 I. Computer CADD c' } )Hours@ J,?{.�ti{7 , /Hour• S0.00 g. Computer Eng, r:,"r".iyQ,Op Hours Q ,y:-,::•'?e ¢0/Hour• $0.00 h.Materials and Supplies • '•'• 'r• ;bb9. Total Out-of-pocket Expenses $0.00 S SUBCONTRACT COSTS: a. Surveyor b. Geolechnicel Engineer C. Permit Fees • $5,900.00 7 MAXIMUM TOTAL FEE: Items 1,2,3,4,5 and 0 55,900.00 • EXHIBIT IV-10 • r DERIVATION OF CONSULTANT PROJECT COSTS SUMMARY OF COSTS • Construct Taxiways A 8 B Jefferson City Msmorlal Airport Design 6 Construct Taxiways A A B BASIC AND SPECIAL SERVICES FOR DESIGN SERVICES January 10,2008 1 DIRECT SALARY COSTS: TITLE HOURS RATE/HOUR COST 151 Project Manager 162.50 $36.23 $5,887.38 Sr.Planner 16.00 $28.98 $463.68 Sr,Civil Eng 256.00 $31.05 $7,948.60 Staff Civil Eng 530.00 $26.91 $14,262.30 Sr.Strucl.Eng 0.00 $31.25 $0.00 Sr.Mach.Eng D.00 $27.11 $0.00 Sr.Elec.Eng 68.00 $32.09 52,182.12 Staff Elec.Eng 192.50 $30.02 $5,778.85 Asst.Elec.Tech, 106.00 $22.77 $2,413.62 Sr.Tech 247.50 $21,60 $5,321.25 Staff Tech 697.00 $18.63 $11,122.11 Clerical 49.00 $15.72 $770.28 2,224,50 Total Direct Salary Costs . $56,150.39 2 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Direct Salary Casts 10i 194.99% = S109,487.64 3 SUBTOTAL: • Items 1 and 2 = $165,638.02 4 PROW: 10.0076 %of Item 3 Subtotal = $18,583.80 Subtotal $182,201.82 Lump Sum Fee 5 OUT-OF-POCKET EXPENSES: a. Mileage(office) 1555.06 Miles 50.446 /Mile = $692.00 b. Transport.(field) 0.00 Months @ $0.00/Mo.= $0.00 c, MOM(office) 0.00 Nights Q $65.00/Night- 50.00 d, Motel(field) 0.00 Nights® S65.00/Night- $0.00 e. Meals 7.00 Days ® $25.00/Day • $176.00 f. Computer CADD 950.60 Hours @ $7.00/Hour. $6,653.50 g. Computer Eng. 1274.00 Hours® $3.50/Hour• $4,459.D0 h.Materials and Supplies • $2,294.00 Total Out-of-pocket Expenses . $14,273.50 S SUBCONTRACT COSTS: a, Surveyor . $0,00 b. Geotechnical Engineer = $5,900.00 c. Permit Fees S300.00 • $6,200.00 , 7 MAXIMUM TOTAL FEE: Items 1,2.3.4,6 and 6 = $202,673,32 EXHIBIT IV-SUMMARY - w § j § § C4 § ; ■!9 ; 6 ! % t R !■■ ` $ R | mm aRmm | n° 2 � ! je ! k k§}f . mP■ ! ° £ ; - §■ ; §§ ■ m | @ Lri $ § , ® ¥ agcik m kQ �|° B 2 ! " �� & ■ ' � 2 |2 &f ! . . ® ƒ7 ¥ % � !■s � B ^! a 7 a - !! i § | ! 2 - q § © 2 $ ■ . . \ . �2 §, 7§I\2 �� / kA�\ � ■ �§ 2 � � 9 - � IL § 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 As required B. Design Phase 1. Meetings As required 2. Submittal of Preliminary Design Report L421 calendar days after receipt of NTP and 21 days after receipt of survey 3. Plans & Specifications a. Submit 90% Plans & Specifications 90 calendar days after preliminary design meeting review meeting C. Submit Final Bidding Set 21 calendar days after receipt of 90% review comments C. Bidding Phase As requested SPECIAL SERVICES A. Geotechnical (estimated time) 30 calendar days after receipt of NTP • Exhibit VI - 1