HomeMy WebLinkAboutRes.2744.03-04-2013BILL NO. 13-33
RESOLUTION NO. c>? 7
kAl
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH CRAWFORD, MURPHY, AND
TILLY, INC. TO COMPLETE A WILDLIFE HAZARD
ASSESSMENT AT THE CAPE GIRARDEAU REGIONAL AIRPORT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Agreement with Crawford, Murphy, and Tilly, Inc. to complete a
Wildlife Hazard Assessment at the Cape Girardeau Regional
Airport, (Project No. 13-077A), in the City of Cape Girardeau,
Missouri. A copy of said Agreement is attached to this
Resolution and made a part hereof.
4
PASSED AND ADOPTED THIS DAY OF 2013.
Harry E.' Re' Iger, Mayor
Airport Name: Cape Girardeau Regional
Project No.: 13-077A
County: Scott
AVIATION PROJECT CONSULTANT AGREEMENT
(FEDERAL ASSISTANCE)
(Revision 01/01/11)
THIS AGREEMENT is entered into by Crawford, Murphy and Tilly, Inc.
(hereinafter the "Consultant"), and the City of Cape Girardeau, (hereinafter the
"Sponsor").
WITNESSETH:
WHEREAS, the Sponsor has selected the Consultant to perform professional
services to accomplish a project at the Cape Girardeau Regional 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 Cape
Girardeau Regional 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 professionaIservices 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.
Rev. 01/01/1I
(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
Rev. 01/01/11
(0) "SERVICES" includes all professional engineering and related
services and the furnishing of all equipment, supplies, and materials in conjunction with
such services as are required to achieve the broad purposes and general objectives of
this Agreement.
(2) SCOPE OF SERVICES:
(A) The services covered by this Agreement shall include furnishing the
professional, technical, and other personnel and the equipment, material and all other
things necessary to accomplish the proposed project detailed in Exhibit I of this
Agreement.
(B) The specific services to be provided by the Consultant are set forth
on Exhibit II to this Agreement, entitled "Scope of Services," which is attached hereto
and made a part of this Agreement.
(3) ADDITIONAL SERVICES: The Sponsor reserves the right to direct
additional services not described in Exhibit II as changed or unforeseen conditions may
require. Such direction by the Sponsor shall not be a breach of this Agreement. In this
event, a supplemental agreement will be negotiated and executed prior to the
Consultant performing the additional or changed services, or incurring any additional
cost therefore. Any changes in the maximum compensation, or time and schedule of
completion, will be covered in the supplemental agreement. Supplemental agreements
must be approved by MoDOT to ensure additional funding is available.
(4) INFORMATION AND SERVICES PROVIDED BY THE SPONSOR:
(A) At no cost to the Consultant and in a timely manner, the Sponsor
will provide available information of record which is pertinent to this project to the
Consultant upon request. In addition, the Sponsor will provide the Consultant with the
specific items or services set forth on Exhibit III to this Agreement, entitled "Services
Provided by the Sponsor", which is attached hereto and made a part of this Agreement.
The Consultant shall be entitled to rely upon the accuracy and completeness of such
information, and the Consultant may use such information in performing services under
this Agreement.
(B) The Consultant shall review the information provided by the
Sponsor and will as expeditiously as possible advise the Sponsor of any of that
information which the Consultant believes is inaccurate or inadequate or would
otherwise have an effect on its design or any of its other activities under this Agreement.
In such case, the Consultant shall provide new or verified data or information as
necessary to meet the standards required under this Agreement. Any additional work
required of the Consultant as the result of inaccurate or inadequate information provided
by the Sponsor will be addressed per the provisions of paragraph 3 of this Agreement.
3
Rev. 01/01/11
(5) RESPONSIBILITY OF THE CONSULTANT:
(A) The Consultant shall comply with applicable local, state and federal
laws and regulations governing these services, as published and in effect on the date of
this Agreement. The Consultant shall provide the services in accordance with the
criteria and requirements established and adopted by the Sponsor as expressly
established in this Agreement, consisting of published manuals and policies of MoDOT
and FAA which shall be furnished by the Sponsor upon request.
(B) Without limiting the foregoing, land acquisition, environmental,
planning, design and construction criteria will be in accordance with the information set
out in Exhibit II of this Agreement.
(C) The Consultant shall be responsible for the professional quality,
technical accuracy, and the coordination of designs, drawings, specifications, and other
services furnished under this Agreement. At any time during construction or during any
phase of work performed by others based upon data, plans, designs, or specifications
provided by the Consultant, the Consultant shall prepare any data, plans, designs, or
specifications needed to correct any negligent acts, errors, or omissions of the
Consultant or anyone for whom it is legally responsible in failing to comply with the
foregoing standard. The services necessary to correct such negligent acts, errors, or
omissions shall be performed without additional compensation, even though final
payment may have been received by the Consultant. The Consultant shall provide such
services as expeditiously as is consistent with professional performance. Acceptance of
the services will not relieve the Consultant of the responsibility to correct such negligent
acts, errors, or omissions.
(D) Completed design reports, plans and specifications,
plans/specifications submitted for review by permit authorities, and plans/specifications
issued for construction shall be signed, sealed, and dated by a professional engineer
registered in the State of Missouri. Incomplete or preliminary plans or other documents,
when submitted for review by others, shall not be sealed, but the name of the
responsible engineer, along with the engineer's Missouri registration number, shall be
indicated on the design report, plans and specifications or included in the transmittal
document. In addition, the phrase "Preliminary - Not for Construction," or similar
language, shall be placed on the incomplete or preliminary plan(s) in an obvious
location where it can readily be found, easily read, and not obscured by other markings,
as a disclosure to others that the design report, plans and specifications are incomplete
or preliminary. When the design report, plans and specifications are completed, the
phrase "Preliminary - Not for Construction" or similar language shall be removed and
the design report, plans and specifications shall thereupon be sealed.
(E) The Consultant shall cooperate fully with the Sponsor's activities on
adjacent projects as may be directed by the Sponsor. This shall include attendance at
meetings, discussions, and hearings as requested by the Sponsor. The minimum
number and location of meetings shall be defined in Exhibit It.
4
Rev. 01/01/11
(F) In the event any lawsuit or court proceeding of any kind is brought
against the Sponsor, arising out of or relating to the Consultant's activities or services
performed under this Agreement or any project of construction undertaken employing
the deliverables provided by the Consultant in performing this Agreement, the
Consultant shall have the affirmative duty to assist the Sponsor in preparing the
Sponsor's defense, including, but not limited to, production of documents, trials,
depositions, or court testimony. Any assistance given to the Sponsor by the Consultant
will be compensated at an amount or rate negotiated between the Sponsor and the
Consultant as will be identified in a separate agreement between the Sponsor and the
Consultant. To the extent the assistance given to the Sponsor by the Consultant was
necessary for the Sponsor to defend claims and liability due to the Consultant's
negligent acts, errors, or omissions, the compensation paid by the Sponsor to the
Consultant will be reimbursed to the Sponsor.
(6) NO SOLICITATION WARRANTY: The Consultant warrants that it has not
employed or retained any company or person, other than a bona fide employee working
for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed
to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this
warranty, the Sponsor will have the right to terminate this Agreement without liability, or
at its discretion, to deduct from the Agreement price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or
contingent fee, plus costs of collection including reasonable attorney's fees.
(7) DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS:
(A) DBE Goal: The following DBE goal has been established for this
Agreement. The dollar value of services and related equipment, supplies, and materials
used in furtherance thereof which is credited toward this goal will be based on the
amount actually paid to DBE firms. The goal for the percentage of services to be
awarded to DBE firms is 0% of the total Agreement dollar value.
(B) Consultant's Certification Regarding DBE Participation: The
consultant's signature on this Agreement constitutes the execution of all DBE
certifications which are a part of this Agreement.
1. Policy: It is the policy of the U.S. Department of
Transportation and the Sponsor that businesses owned by socially and economically
disadvantaged individuals (DBE's) as defined in 49 CFR Part 26 have the maximum
opportunity to participate in the performance of contracts financed in whole or in part
with federal funds. Thus, the requirements of 49 CFR Part 26 and Section 1101(b) of
the Transportation Equity Act for the 21 st Century (TEA -21) apply to this Agreement.
2. Obligation of the Consultant to DBE's: The Consultant
agrees to assure that DBE's have the maximum opportunity to participate in the
5
Rev. 0 V01111
performance of this Agreement and any subconsultant agreement financed in whole or
in part with federal funds. In this regard the Consultant shall take all necessary and
reasonable steps to assure that DBE's have the maximum opportunity to compete for
and perform services. The Consultant shall not discriminate on the basis of race, color,
religion, creed, disability, sex, age, or national origin in the performance of this
Agreement or in the award of any subsequent subconsultant agreement.
3. Geographic Area for Solicitation of DBE's: The Consultant
shall seek DBE's in the same geographic area in which the solicitation for other
subconsultants is made. If the Consultant cannot meet the DBE goal using DBE's from
that geographic area, the Consultant shall, as a part of the effort to meet the goal,
expand the search to a reasonably wider geographic area.
4. Determination of Participation Toward Meeting the DBE
Goal: DBE participation shall be counted toward meeting the goal as follows:
A. Once a firm is determined to be a certified DBE, the
total dollar value of the subconsultant agreement awarded to that DBE is counted
toward the DBE goal set forth above.
B. The Consultant may count toward the DBE goal a
portion of the total dollar value of a subconsultant agreement with a joint venture eligible
under the DBE standards, equal to the percentage of the ownership and control of the
DBE partner in the joint venture.
C. The Consultant may count toward the DBE goal
expenditures to DBE's who perform a commercially useful function in the completion of
services required in this Agreement. A DBE is considered to perform a commercially
useful function when the DBE is responsible for the execution of a distinct element of
the services specified in the Agreement and the carrying out of those responsibilities by
actually performing, managing and supervising the services involved and providing the
desired product.
D. A Consultant may count toward the DBE goal its
expenditures to DBE firms consisting of fees or commissions charged for providing a
bona fide service, such as professional, technical, consultant, or managerial services
and assistance in the procurement of essential personnel, facilities, equipment,
materials or supplies required for the performance of this Agreement, provided that the
fee or commission is determined by the Sponsor to be reasonable and not excessive as
compared with fees customarily allowed for similar services.
E. The Consultant is encouraged to use the services of
banks owned and controlled by socially and economically disadvantaged individuals.
5. Replacement of DBE Subconsultants: The Consultant shall
make good faith efforts to replace a DBE Subconsultant, who is unable to perform
satisfactorily, with another DBE Subconsultant. Replacement firms must be approved
6
Rev. 0 iOIII I
by the Sponsor and MoDOT.
6. Verification of DBE Participation: Prior to the release of the
retained percentage by the Sponsor, the Consultant shall file a list with the Sponsor
showing the DBE's used and the services performed. The list shall show the actual
dollar amount paid to each DBE that is applicable to the percentage participation
established in this Agreement. Failure on the part of the Consultant to achieve the DBE
participation specified in this Agreement may result in sanctions being imposed on the
Sponsor for noncompliance with 49 CFR Part 26 and/or Section 1101(b) of TEA -21. If
the total DBE participation is less than the goal amount stated by the Sponsor, the
Sponsor may sustain damages, the exact extent of which would be difficult or
impossible to ascertain. Therefore, in order to liquidate such damages, the monetary
difference between the amount of the DBE goal dollar amount and the amount actually
paid to the DBE's for performing a commercially useful function will be deducted from
the Consultant's payments as liquidated damages. If this Agreement is awarded with
less than the goal amount stated above by the Sponsor, that lesser amount shall
become the goal amount and shall be used to determine liquidated damages. No such
deduction will be made when, for reasons beyond the control of the Consultant, the
DBE goal amount is not met.
7. Documentation of Good Faith Efforts to Meet the DBE Goal:
The Agreement goal established by the Sponsor is stated above in section (7)(A). The
Consultant must document the good faith efforts it made to achieve that DBE goal, if the
agreed percentage specified in section (7)(13)(8) below is less than the percentage
stated in section (7)(A). Good faith efforts to meet this DBE goal amount may include
such items as, but are not limited to, the following:
A. Attended a meeting scheduled by the Sponsor to
inform DBE's of contracting or consulting opportunities.
B. Advertised in general circulation trade association and
socially and economically disadvantaged business directed media concerning DBE
subcontracting opportunities.
C. Provided written notices to a reasonable number of
specific DBE's that their interest in a subconsultant agreement is solicited in sufficient
time to allow the DBE's to participate effectively.
D. Followed up on initial solicitations of interest by
contacting DBE's to determine with certainty whether the DBE's were interested in
subconsulting work for this Agreement.
E. Selected portions of the services to be performed by
DBE's in order to increase the likelihood of meeting the DBE goal (including, where
appropriate, breaking down subconsultant agreements into economically feasible units
to facilitate DBE participation).
7
Rev. 01/01/11
F. Provided interested DBE's with adequate information
about plans, specifications and requirements of this Agreement.
G. Negotiated in good faith with interested DBE's, and
not rejecting DBE's as unqualified without sound reasons, based on a thorough
investigation of their capabilities.
H. Made efforts to assist interested DBE's in obtaining
any bonding, lines of credit or insurance required by the Sponsor or by the Consultant.
I. Made effective use of the services of available
disadvantaged business organizations, minority contractors' groups, disadvantaged
business assistance offices, and other organizations that provide assistance in the
recruitment and placement of DBE firms.
8. DBE Participation Obtained by Consultant: The Consultant
has obtained DBE participation, and agrees to use DBE firms to complete 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:
DBE FIRM NAME, STREET AND
COMPLETE MAILING
ADDDRESS
TYPE OF DBE
SERVICE
TOTAL $ VALUE
OF THE DBE
SUBCONTRACT
CONTRACT
$ AMOUNT
TO APPLY
TO TOTAL
DBE GOAL
% OF
SUBCONTRACT
$ VALUE
APPLICABLE TO
TOTAL GOAL
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):
(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
8
Rev. 01/01/11
deemed cause for termination of this Agreement.
EXCEPTIONS (subconsultant information):
FIRM NAME
COMPLETE ADDRESS
NATURE OF SERVICES
USDA
1714 Commerce Court,
Suite C
Columbia, MO
wildlife hazard assessment
(B) The Consultant agrees, and shall require the selected
subconsultants, to maintain books, documents, papers, accounting records, and other
evidence pertaining to direct costs and expenses incurred under the Agreement and to
make such materials available at their offices at reasonable times during the Agreement
period and for three (3) years from the date of final payment under the Agreement, for
inspection by the Sponsor or any authorized representative of MoDOT or the federal
government, and copies thereof shall be furnished.
(C) Unless waived or modified by the Sponsor, the Consultant agrees
to require, and shall provide evidence to the Sponsor, that those subconsultants shall
maintain commercial general liability, automobile liability, and worker's compensation
and employer's liability insurance, for not less than the period of services under such
subconsultant agreements, and in not less than the following amounts:
1. Commercial General Liability: $500,000.00 per claim up to
$3,000,000.00 per occurrence;
2. Automobile Liability: $500,000.00 per claim up to
$3,000,000.00 per occurrence;
3. Worker's Compensation in accordance with the statutory
limits; and Employer's Liability: $1,000,000.00; and
(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
E
Rev. 01/01/II
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
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: labor, overhead and profit will be paid for as a lump sum cost of
$2,900.00, direct expenses will be paid for at actual cost with a not to exceed amount of
$31,800.00 for a total not to exceed amount payable of $34,700.00. A breakout of the
estimated costs is shown in Exhibit IV, "Derivation of Consultant Project Costs", and
Exhibit V, "Engineering Basic and Special Services -Cost Breakdown" attached hereto
and made a part of this Agreement. Payment under the provisions of this Agreement is
limited to those costs incurred in accordance with generally accepted accounting
principles; to the extent they are considered necessary to the execution of the item of
service.
(C) The Consultant's fee shall include the hourly salary of each
associate and employee, salary -related expenses, general overhead, and direct non -
salary costs as allowed by 48 CFR Part 31, the Federal Acquisition Regulations (FAR),
and 23 CFR 172, Administration of Engineering and Design Related Service Contracts.
The hourly salary of each associate and employee is defined as the actual productive
salaries expended to perform the services. The other billable costs for the project are
defined as follows:
1. Salary -related expenses are additions to payroll cost for
holidays, sick leave, vacation, group insurance, worker's compensation insurance,
social security taxes (FICA), unemployment insurance, disability taxes, retirement
benefits, and other related items.
2. General overhead cost additions are for administrative
salaries (including non-productive salaries of associates and employees), equipment
rental and maintenance, office rent and utilities, office maintenance, office supplies,
insurance, taxes, professional development expenses, legal and audit fees, professional
dues and licenses, use of electronic computer for accounting, and other related items.
10
Rcv. 01/01/11
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.
5. The Consultant shall provide a detailed manhour/cost
breakdown for each phase of the project indicating each job classification with base
wage rates and the number of hours associated with each phase. The breakdown shall
include work activities and be in sufficient detail to reflect the level of effort involved.
This information shall be attached hereto and made a part of this Agreement as Exhibit
V "Engineering Basic and Special Services -Cost Breakdown".
6. The Consultant shall provide a detailed breakdown of all
subconsultant fees, including overhead and profit.
7. The Consultant shall provide a detailed breakdown of all
travel expense, living expense, reproduction expense and any other expense that may
be incurred throughout the project. These expenses must be project specific and not
covered in or by an overhead rate.
8. The property and equipment used on this project such as
automotive vehicles, survey equipment, office equipment, etc., shall be owned, rented,
or leased by the Consultant, and charges will be made to the project for the use of such
property at the rate established by company policies and practices. Approval of the
Sponsor and MoDOT will be required prior to acquisition of reimbursable special
equipment.
(D) The Consultant shall submit an invoice for services rendered to the
Sponsor not more than once every month. A progress summary indicating the current
status of the services shall be submitted along with each invoice. Upon receipt of the
invoice and progress summary, the Sponsor will, as soon as practical, but not later than
45 days therefrom, pay the Consultant for the services rendered, to the extent of ninety-
eight percent (98%) of the amount of the lump sum fee earned plus direct costs as
reflected by the estimate of the portion of the services completed as shown by the
progress summary, less partial payments previously made. A late payment charge of
one and one half percent (1.5%) per month shall be assessed for those invoiced
amounts not paid, through no fault of the Consultant, within 45 days after the Sponsor's
receipt of the Consultant's invoice. The Sponsor will not be liable for the late payment
charge on any invoice which requests payment for costs which exceed the proportion of
the maximum amount payable earned as reflected by the estimate of the portion of the
services completed, as shown by the progress summary. Two percent (2%) of the
amount earned will be retained by the Sponsor until the design services as covered by
the Agreement are completed by the Consultant and approved by the Sponsor and
MoDOT. The payment will be subject to final audit of actual expenses during the period
Rev. 01/01111
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.
(10) PERIOD OF SERVICE:
(A) The services, and if more than one then each phase thereof, shall
be completed in accordance with the schedule contained in Exhibit VI, "Performance
Schedule," attached hereto and made a part of this Agreement. The Consultant and the
Sponsor will be required to meet this schedule.
(B) The Sponsor will grant time extensions for delays due to
unforeseeable causes beyond the control of and without fault or negligence of the
Consultant. Requests for extensions of time shall be made in writing by the Consultant,
before that phase of work is scheduled to be completed, stating fully the events giving
rise to the request and justification for the time extension requested. Such extension of
time shall be the sole allowable compensation for all such delays. The Consultant may
also receive an equitable adjustment in the maximum amount payable, provided the
consultant can document the additional cost resulting from the delay. Any extensions or
additional costs shall be subject to MoDOT approval.
(C) The Consultant and Sponsor agree that time is of the essence, and
the Consultant and Sponsor will be required to meet the schedules in this Agreement.
In the event of delays due to unforeseeable causes beyond the control of and without
fault or negligence of the Consultant, no claim for damage shall be made by either
party. The anticipated date of completion of the work, including review time, is stated in
Exhibit VI of this Agreement. An extension of time shall be the sole allowable
compensation for any such delays. The Consultant may also receive an equitable
adjustment in the maximum amount payable, provided the consultant can document the
additional cost resulting from the delay. Any extensions or additional costs shall be
subject to MoDOT approval.
(D) As used in this provision, the term "delays due to unforeseeable
causes" includes the following:
1. War or acts of war, declared or undeclared;
2. Flooding, earthquake, or other major natural disaster
preventing the Consultant from performing necessary services at the project site, or in
the Consultant's offices, at the time such services must be performed;
3. The discovery on the project of differing site conditions,
12
Rev. 01/01/II
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.
(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.
13
Rev. 01/01/11
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:
(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;
be deleted; and
II. Paragraphs(g)(2) and (g)(3) of the clause shall
14
Rev. 01/01/I I
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:
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 Microstatoin (specify CADD version). The
Consultant makes no warranty as to the compatibility of the data files beyond the above
specified release or version of the stated software.
2. Because data stored on electronic media can deteriorate
undetected or be modified without the Consultant's knowledge, the electronic data files
submitted to the Sponsor will have an acceptance period of 60 days after receipt by the
Sponsor. If during that period the Sponsor finds any errors or omissions in the files, the
Consultant will correct the errors or omissions as a part of this Agreement. The
Consultant will not be responsible for maintaining copies of the submitted electronic
data files after the acceptance period.
3. Any changes requested after the acceptance period will be
considered additional services for which the Consultant shall be reimbursed at the
hourly rates established herein plus the cost of materials.
4. The data on the electronic media shall not be considered the
Consultant's instrument of service. Only the submitted hard copy documents with the
Consultant Engineer's seal on them will be considered the instrument of service. The
Consultant's nameplate shall be removed from all electronic media provided to the
Sponsor.
(C) The Sponsor may incorporate any portion of the deliverables into a
project other than that for which they were performed, without further compensation to
15
Rev. 01/01/11
the Consultant; provided however, that (1) such deliverables shall thereupon be
deemed to be the work product of the Sponsor and the Sponsor shall use same at its
sole risk and expense; and (2) the Sponsor shall remove the Consultant's name, seal,
endorsement, and all other indices of authorship from the deliverables.
(13) DECISIONS UNDER THIS AGREEMENT AND DISPUTES:
(A) The Sponsor will determine the acceptability of the drawings,
specifications, and estimates and all other deliverables to be furnished, and will decide
the questions that may arise relative to the proper performance of this Agreement. The
determination of acceptable deliverables may occur following final payment, and as late
as during the construction of the project which decisions shall be conclusive, binding
and incontestable, if not arbitrary, capricious or the result of fraud.
(B) The Sponsor will decide all questions which may arise as to the
quality, quantity, and acceptability of services performed by Consultant and as to the
rate of progress of the services; all questions which may arise as to the interpretation of
the plans and specifications; all questions as to the acceptable fulfillment of the
Agreement on the part of the Consultant; the proper compensation for performance or
breach of the Agreement; and all claims of any character whatsoever in connection with
or growing out of the services of the Consultant, whether claims under this Agreement
or otherwise. The Sponsor's decisions shall be conclusive, binding and incontestable if
not arbitrary, capricious or the result of fraud.
(C) If the Consultant has a claim for payment against the Sponsor
which in any way arises out of the provisions of this Agreement or the performance or
non-performance hereunder, written notice of such claim must be made 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.
16
Rev. 01/01/11
(14) SUCCESSORS AND ASSIGNS: The Sponsor and the Consultant agree
that this Agreement and all agreements entered into under the provisions of this
Agreement shall be binding upon the parties hereto and their successors and assigns.
(15) INDEMNIFICATION RESPONSIBILITY:
(A) The Consultant agrees to save harmless the Sponsor, MoDOT and
the FAA from all liability, losses, damages, and judgments for bodily injury, including
death, and property damage to the extent due to the Consultant's negligent acts, errors,
or omissions in the services performed or to be performed under this Agreement,
including those negligent acts, errors, or omissions of the Consultant's employees,
agents, and subconsultants.
(B) The Consultant shall be responsible for the direct damages
incurred by the Sponsor as result of the negligent acts, errors, or omissions of the
Consultant or anyone for whom the Consultant is legally responsible, and for any losses
or costs to repair or remedy construction as a result of such negligent acts, errors or
omissions; provided, however, the Consultant shall not be liable to the Sponsor for such
losses, costs, repairs and/or remedies which constitute betterment of or an addition of
value to the construction or the project.
(C) Neither the Sponsor 's review, approval or acceptance of, or
payment for, any services required under this Agreement, nor the termination of this
Agreement prior to its completion, will be construed to operate as a waiver of any right
under this Agreement or any cause of action arising out of the performance of this
Agreement. This indemnification responsibility survives the completion of this
Agreement, as well as the construction of the project at some later date, and remains as
long as the construction contractor may file or has pending a claim or lawsuit against
the Sponsor on this project arising out of the Consultant's services hereunder.
(16) INSURANCE:
(A) The Consultant shall maintain commercial general liability,
automobile liability, and worker's compensation and employer's liability insurance in full
force and effect to protect the Consultant from claims under Worker's Compensation
Acts, claims for damages for personal injury or death, and for damages to property
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.
17
Rev. 01/01/11
(C) The Consultant's insurance coverages shall be for not less than the
following limits of liability:
1. Commercial General Liability: $500,000.00 per claim up to
$3,000,000.00 per occurrence;
2. Automobile Liability: $500,000.00 per claim up to
$3,000,000.00 per occurrence;
3. Worker's Compensation in accordance with the statutory
limits; and Employer's Liability: $1,000,000.00; and
4. Professional ("Errors and Omissions") Liability:
$1,000,000.00, each claim and in the annual aggregate.
(D) The Consultant shall, upon request at any time, provide the
Sponsor with certificates of insurance evidencing the Consultant's commercial general
or professional liability ("Errors and Omissions") policies and evidencing that they and
all other required insurance is in effect, as to the services under this Agreement.
(E) Any insurance policy required as specified in paragraph 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 does not include construction phase services.
Review of shop drawings and other construction phase services can be added by
Supplemental Agreement after design has been completed and the construction
contract period has been determined.
(B) Because the Consultant has no control over the cost of labor,
materials, equipment, or services furnished by others, or over the construction
contractor(s)' methods of determining prices, or over competitive bidding or market
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
18
Rev. 01/01/11
contractor(s)' schedules or failure to carry out the construction work in accordance with
the construction contract(s). The Consultant shall not have control over or charge of
acts of omissions of the construction contractor(s), or any of its or their subcontractors,
agents, or employees, or of any other persons performing portions of the construction
work.
(18) NONDISCRIMINATION ASSURANCE: With regard to services under this
Agreement, the Consultant agrees as follows:
(A) Civil Rights Statutes: The Consultant shall comply with all state
and federal statutes related to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, 2000e), as well
as with any applicable titles of the Americans With Disabilities Act (42 U.S.C. 12101, et
seq.). In addition, if the Consultant is providing services or operating programs on
behalf of the Sponsor or MoDOT, the Consultant shall comply with all applicable
provisions of Title II of the Americans With Disabilities Act.
(B) Executive Order: The Consultant shall comply with all provisions of
Executive Order 94-03, issued by the Honorable Mel Carnahan, Governor, on January
14, 1994, promulgating a code of fair practices in regard to nondiscrimination, which
executive order is incorporated herein by reference and made a part of this Agreement.
This Executive Order 94-03 prohibits discriminatory employment practices by the
Consultant or its subconsultants based upon race, color, religion, creed, national origin,
sex, disability, veteran status, or age.
(C) Administrative Rules: The Consultant shall comply with the
USDOT rules relative to nondiscrimination in federally assisted programs of the USDOT
(49 CFR Subtitle A, Part 21) which rules are incorporated herein by reference and made
a part of this Agreement.
(D) Nondiscrimination: The Consultant shall not discriminate on the
grounds of race, color, religion, creed, sex, disability, national origin, age, or ancestry of
any individual in the selection and retention of subconsultants, including the
procurement of materials and leases of equipment. The Consultant shall not participate
either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21,
Section 21.5, including in its employment practices.
(E) The Solicitation for Subcontracts, Including the Procurements of
Material and Equipment: These assurances which concern nondiscrimination also
apply to the subconsultants and suppliers of the Consultant. In all solicitations either by
competitive bidding or negotiation made by the Consultant for services to be performed
under a subcontract (including procurement of materials or equipment), each potential
subconsultant or supplier shall be notified by the Consultant of the requirements of this
Agreement relative to nondiscrimination on the grounds of the race, color, religion,
creed, sex, disability, national origin, age, or ancestry of any individual.
(F) Information and Reports: The Consultant shall provide all
information and reports required by this Agreement, or orders and instructions issued
19
Rev. 01/01/11
pursuant thereto, and will permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the Sponsor or the USDOT to
be necessary to ascertain compliance with other contracts, orders, and instructions.
Where any information which is required of the Consultant is in the exclusive
possession of another who fails or refuses to furnish this information, the Consultant
shall so certify to the Sponsor or the USDOT as appropriate, and shall set forth what
efforts the Consultant has made to obtain the information.
(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
20
Rev. 01/01/11
benefits or (b) the period during which the airport commission or any transferee retains
ownership or possession of the property. In the case of contractors, this provision binds
the contractors from the bid solicitation period through the completion of the contract.
(B) Rights to Inventions - 49 CFR Part 18, (Version I, 1/5/90):
All rights to inventions and materials generated under this contract are subject to
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
21
Rev. 01/01/11
modification in each contract and in all lower tier subcontracts. The Consultant may rely
upon the certification of a prospective subcontractor unless it has knowledge that the
certification is erroneous.
4. The Consultant shall provide immediate written notice to the
Sponsor if the Consultant learns that its certification or that of a Subconsultant was
erroneous when submitted or has become erroneous by reason of changed
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 Scott County,
22
Rev. 01/01/11
Missouri. The parties agree that this Agreement is entered into at Scott, Missouri and
substantial elements of its performance will take place or be delivered at Scott,
Missouri, by reason of which the Consultant consents to venue of any action against it
in Scott 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
maintain all those records relating to direct costs and expenses incurred under this
Agreement, including but not limited to invoices, payrolls, bills, receipts, etc. These
records must be available at all reasonable times to the Sponsor, MoDOT and the FAA
or their designees and representatives, at the Consultant's offices, at no charge, during
the Agreement period and any extension thereof, and for the three (3) year period
following the date of final payment made under this Agreement. If the Sponsor has
notice of a potential claim against the Consultant and/or the Sponsor based on the
Consultant's services under this Agreement, the Consultant, upon written request of the
Sponsor, shall retain and preserve its records until the Sponsor has advised the
Consultant in writing that the disputed claim is resolved.
(22) NOTICE TO THE PARTIES: All notices or communications required by
this Agreement shall be made in writing, and shall be effective upon receipt by the
Sponsor or the Consultant at their respective addresses of record. Letters or other
documents which are prepared in 8.5 x 11 inch format may be delivered by telefax,
provided that an original is received at the same address as that to which that telefax
message was sent, within three (3) business days of the telefax transmission. Either
party may change its address of record by written notice to the other party.
(A) Notice to the Sponsor: Notices to the Sponsor shall be addressed
and delivered to the following Sponsor's representative, who is hereby designated by
the Sponsor as its primary authorized representative for administration, interpretation,
review, and enforcement of this Agreement and the services of the Consultant
hereunder:
NAME AND TITLE OF SPONSOR'S
Bruce Loy, Airport Manager
REPRESENTATIVE
SPONSOR'S NAME
City of Cape Girardeau
Cape Girardeau Regional Airport
P.O. Box 617
SPONSOR'S ADDRESS
860 Rush H. Limbaugh Jr. Memorial Dr.
Cape Girardeau, MO 63702
PHONE
573-334-6239
FAx
E-MAIL ADDRESS
bloy@cityofcapegirardeau.org
23
Rev. 01/01/11
The Sponsor reserves the right to substitute another person for the individual named at
any time, and to designate one or more other representatives to have authority to act
upon its behalf generally or in limited capacities, as the Sponsor may now or hereafter
deem appropriate. Such substitution or designations shall be made by the Sponsor in a
written notice to the Consultant.
(B) Notice to the Consultant: Notices to Consultant shall be addressed
and delivered to Consultant's representative, as follows:
NAME AND TITLE OF
CONSULTANT'S REPRESENTATIVE
T Sander
Y
CONSULTANT'S NAME
Crawford, Murphy & Tilly, Inc.
CONSULTANT'S ADDRESS
One Memorial Drive, Suite 500
St. Louis, MO 63102
PHONE
314-436-5500
FAX
314-436-0723
E-MAIL ADDRESS
tsander@cmtengr.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
24
Rev. 01/01/11
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:
(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 subconsultant is used for any services
under this Agreement, Consultant shall provide a payment bond under Section 107.170
RSMo. Supp., as amended, for any services which are printing, aircraft, archaeology,
surveying, hazardous waste or geotechnical including but not limited to the collection of
soil samples. Any payment bond must be acceptable to the Sponsor and must be
provided prior to the performance of service. The cost for the payment bond must have
been included in the fee of the Consultant under this Agreement.
A payment bond shall not be required for subconsultant services for which the
aggregate costs are $25,000 or less or when the subconsultant is an engineering firm
that is performing non -engineering services per current MoDOT policy.
(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 I: Project Description.
(B) Exhibit It: 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.
25
Rev. 01/01/11
(G) Exhibit VI: Performance Schedule
26
Rev. 01101/11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective proper officials.
t�-
Executed by the Consultant the _ e day of v e 20 /3 .
Executed by the Sponsor the (per day of Ym/1n A/n 20�.
a
Title:
ATTEST:
Consultant:
Crawford, Murphy & Tilly, Inc.
By:
Signature
Title: President
ATTEST:
By: By: c=bh-I j / cfiJrll7i_�
Signature ign
Title: iAbt C�P/1�-- Title: iVlWP6)7•R. ,!5T_ L¢GJ%5 CO%f/
27
Rev. ODOM I
EXHIBIT I
PROJECT DESCRIPTION
Wildlife Hazard Assessment.
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: See Coorperative Service
Agreement between USDA and CMT in Exhibit IV.
Exhibit II -1
EXHIBIT IIA
FAA Advisory Circulars, Standards, Guidance and Commission Standards
Revision 12/01112
Sponsor is responsible to check the FAA website for the most current Aedvisory Circulars
and AIP sponsor guides at the time of execution of the project consultant agreement.
They are available on the FAA Central Region website at the following address:
http://www.faa.gov/airports/resources/advisory circulars/
NUMBER TITLE
70/7460-1 K
Obstruction Marking and Lighting
150/5070-6B
Airport Master Plans
Change 1
150/5100-17
Land Acquisition and Relocation Assistance for Airport Improvement Program
Change 4
Assisted Projects
150/5200-28D
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-32A
Reporting Wildlife Aircraft Strikes
1 50/5200-33B
s
Hazardous Wildlife Attractants on or Near Airports
150/5200-34A
I Construction or Establishment of Landfills Near Public Airports
Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments
150/5200-36A
and Training Curriculums for Airport Personnel Involved in Controlling Wildlife',
Hazards on Airports
1 50/5210-5D
t
Painting, Marking and Lighting of Vehicles Used on an Airport
50/5210-20
Change 1
Ground Vehicle Operations on Airports
150/5210-24
Airport Foreign Object Debris (FOD) Management
1 50/5220-16D
s
Automated Weather Observing Systems (AWOS) for Non Federal Applications
F150/5220-21AirportSnow
and IceControl Equipment
ange 1
150/5220-23
Frangible Connections
150/5300-13A
Airport Design
Exhibit IIA -1
150/5300-16A �--[General Guidance and Specifications for Aeronautical Surveys: Establishment
Geodetic Control and Submission to the National Geodetic Survey
1150/5300-17C I Standards for Using Remote Sensing Technologies in Airport Survey
General Guidance and Specifications for Submission of Aeronautical Surveys
150/5300-18B to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5C Surface Drainage Design
Change 1
150/5320-6E I Airport Pavement Design and Evaluation
150/5320-12C
Measurement, Construction, and Maintenance of Skid Resistant Airport
Changes 1-8
Pavement Surfaces
150/5320-17
Airfield Pavement Surface Evaluation and Rating Manuals
150/5325-413
Runway Length Requirements for Airport Design
150/5335-513 I
Standardized Method of Reporting Airport Pavement Strength -PCN
0/5340-1 K
F
Standards for Airport Markings
ange 1
1 50/5340-5C
m
Segmented Circle Airport Marker System
150/5340-18F
Standards for Airport Sign Systems
150/5340-2613
Maintenance of Airport Visual Aid Facilities
150/5340-30G
Design and Installation Details for Airport Visual Aids
150/5345-3G
Specification for L-821, Panels for Control to Airport Lighting
150/5345-5B
Circuit Selector Switch
Specification for L-824 Underground Electrical Cable for Airport Lighting
150/5345-7E
Circuits
150/5345-10G
Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F
Specification for Airport and Heliport Beacon
F51
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
0/5345-1313
Airport Lighting Circuits
150/5345-26D
FAA Specification for L-823, Plug and Receptacle, Cable Connectors
150/5345-27D
I Specification for Wind Cone Assemblies
150/5345-28G
Precision Approach Path Indicator (PAPI) Systems
150/5345-39D
Specification for L-853, Runway and Taxiway Retroreflective Markers
Exhibit IIA -2
Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
150/5345 42F and Accessories
150/5345-43G
Specification for Obstruction Lighting Equipment
150/5345-44J rSpecification for Runway and Taxiway Signs
150/5345-45C Low -Impact Resistant (LIR) Structures
1150/5345-46D Specification for Runway and Taxiway Light Fixtures
150/5345-47C
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49C
[ Specification L-854, Radio Control Equipment
50/5345-5013
Specification for Portable Runway and Taxiway Lights
150/5345-51 B
Specification for Discharge -Type Flasher Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVSI)
1m
50/5345-53D
Airport Lighting Equipment Certification Program
150/5345-54B
Specification for L-884 Power and Control Unit for Land and Hold Short
Lighting Systems
F150/5345 -55A
Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
F150/5345-566
Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
150/5360-12E
Airport Signing & Graphics
150/5360-13
Planning and Design Guidance for Airport Terminal Facilities
150/5360-14
Access to Airports by Individuals with Disabilities
150/5370-2F
Operational Safety on Airports During Construction
[150/5370-6D
Construction Progress and Inspection Report --Airport Improvement Program
(AIP)
150/5370-10F
Standards for Specifying Construction of Airports
150/5370-11 B
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5370-12A
Quality Control of Construction for Airport Grant Projects
150/5370-13A
Off-peak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5370-14A
Hot Mix Asphalt Paving Handbook
150/5370-16
I Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5380-613
Guidelines and Procedures for Maintenance of Airport Pavements
Exhibit IIA -3
150/5380-7A Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness
150/5390-2C Heliport Design
FAA
910 - Predesign Conference
FAA
920 — Engineer's Report (& Pavement Design)
FAA 950 — Sponsor Modifications to FAA Standards
FAA 960 — Operational Safety on Airport During Construction
FAA
1040 — Preconstruction Conference
FAA
1100 —Runway Commissioning
Exhibit IIA -4
EXHIBIT III
SERVICES PROVIDED BY THE SPONSOR
The Sponsor, as a part of this Agreement, shall provide the following:
1. Assist the Consultant in arranging to enter upon public and private property as
required for the Consultant to perform his services.
2. Obtain approvals and permits from all governmental entities having jurisdiction
over the project and such approvals and consents from others as may be
necessary for completion of the project.
3. Prompt written notice to the Consultant whenever the Sponsor observes or
knows of any development that affects the scope or timing of the Consultant's
services.
4. One (1) copy of existing plans, standard drawings, bid item numbers, reports or
other data the Sponsor may have on file with regard to this project.
5. All payments to landowners or tenants associated with the acquisition of the
required property rights prior to or concurrent with closing.
6. All staff, procedures and activities related to acquiring the property , including but
not limited to appraisals, reviews, negotiations, relocation assistance and
eminent domain.
7. Pay all publishing cost for advertisements of notices, public hearings, request for
proposals and other similar items. The Sponsor shall pay for all permits and
licenses that may be required by local, state or federal authorities, and shall
secure the necessary land easements and/or rights-of-way required for the
project.
8. Issue Notice to Airmen (NOTAM's) through the applicable FAA Flight Service
Station.
9. Disadvantaged business enterprise (DBE) goals for the project based upon
proposed bid items, quantities and opinions of construction costs.
10. Guidance for assembling bid package to meet Sponsor's bid letting
requirements.
11. Designate contact person (see paragraph 22-A).
12. Pay costs for title searches.
Exhibit III -1
EXHIBIT IV
DERIVATION OF CONSULTANT PROJECT COSTS
EXHIBIT V
ENGINEERING BASIC AND SPECIAL SERVICES -COST BREAKDOWN
Exhibits IV and V - I
3
EXHIBIT IV
DERIVATION OF CONSULTANT PROJECT COSTS
CAPE GIRARDEAU REGIONAL AIRPORT
CAPE GIRARDEAU, MISSOURI
WILDLIFE HAZARD ASSESSMENT
PRELIMINARY, DESIGN, AND BIDDING PHASE SERVICES
January 25, 2013
DIRECT SALARY COSTS
TITLE HOURS
RATE/HOUR
COST ($)
Principal 0
$12.16
$0.00
Senior Project Engineer 0
54.54
$0.00
Project Manager 24
42.92
$1,030.08
Senior Engineer 0
33.10
$0.00
Engineer 0
29.59
$0.00
Senior Planner 0
31.48
$0.00
Planner 0
23.28
$0.00
Registered Land Surveyor 0
33.16
$0.00
Senior Technician 0
32.76
$0.00
Technician 0
24.90
$0.00
Clerk/Secretary 0
16.78
$0.00
24
Total Direct Salary Costs
=
$1,030.08
LABOR AND GENERAL ADMINISTRATIVE OVERHEAD:
Percentage of Direct Salary Costs
@
145.03
%
_
$1,493.93
SUBTOTAL:
Items 1 and 2
=
$2,524.01
PROFIT:
15 % of Item 3 Subtotal
=
$378.60
Subtotal
$2,902.61 Lump Sum
OUT-OF-POCKET EXPENSES:
a. Mileage o
Miles @
$0.55
/ Mile =
$0.00
b. Meals o
Days @
$32.00
/ Day =
$0.00
c. Motel o
Nights @
$77.00
/ Night=
$0.00
d. Survey Equipment - T.S o
Days @
$100.00
/ Day =
$0.00
e. Printing and Shipping
= $0.00
Total Out -of -Pocket Expenses
=
$0.00 Not to Exceed
SUBCONTRACT COSTS:
US Department of Agriculture (USDA)
_
$31,800.00
_
$31,800.00 Not to Exceed
MAXIMUM TOTAL FEE:
Items 1, 2, 3, 4, 5 and 6
=
$34,702.61 Not to Exceed
Exhibit IV - 1
it's -LR o iroet Dates: 3/1/13-4/30/14 Agrnant Total: $ 31,800.00 APHIS Agreement No.: 13 -7229 -4971 -RA
Customer #: 3128549 Period: 13XX WBS: AP.RA.RX29.72.0067
COOPERATIVE SERVICE AGREEMENT
between
CRAWFORD, MURPHY AND TILLY, INC. (CMT)
(Cape Girardeau Regional Airport — CGRA Location)
and
UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL
AND PLANT HEALTH INSPECTION SERVICE (APHIS)
WILDLIFE SERVICES (WS)
ARTICLE 1
The purpose of this Cooperative Service Agreement is to cooperate in a wildlife damage management
project as described in the attached Work Plan.
ARTICLE 2
APHIS WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C.426-426b) as
amended, and the Act of December 22, 1987 (101 Stat. 1329-331, 7 U.S.C. 426c), to cooperate with
States, local jurisdictions, individuals, public and private agencies, organizations, and institutions while
conducting a program of wildlife services involving mammal and bird species that are reservoirs for
zoonotic diseases, or animal species that are injurious and/or a nuisance to, among other things,
agriculture, horticulture, forestry, animal husbandry, wildlife, and human health and safety.
ARTICLE 3
APHIS WS and CMT mutually agree:
The parties' authorized representatives who shall be responsible for carrying out the provisions of
this Agreement shall be:
CMT: Dan Meckes, P.E.
Gateway Tower
One Memorial Drive, Suite 500
St Louis, Missouri 63102
314-436-5500
APHIS WS: Seth R. Swafford
USDA, APHIS, WS
1714 Commerce Court, Suite C
Columbia, Missouri 65202
2. To meet as determined necessary by either party to discuss mutual program interests,
accomplishments, needs, technology, and procedures to maintain or amend the Work Plan
(Attachment A). Personnel authorized to attend meetings under this Agreement shall be Roy
Remington or his designee, the State Director or his/her designee, and/or those additional persons
authorized and approved by Roy Remington, and the State Director.
APHIS WS shall perform services more fully set forth in the Work Plan, which is attached hereto
and made a part hereof. The parties may mutually agree in writing, at any time during the tern of
this Agreement, to amend, modify, add or delete services fiom the Work Plan.
ARTICLE 4
CMT agrees:
To authorize APHIS -WS to conduct survey activities documenting human health and safety
risks and property damage associated with wildlife/aircraft hazards at the Cape Girardeau
Regional Airport (CGRA) in Cape Girardeau, Missouri. APHIS -WS will use information
collected to develop a wildlife hazard assessment for the CGRA. APHIS -WS will be
considered an invitee on the lands controlled by CGRA. CMT and CGRA will exercise
reasonable care to warn APHIS as to dangerous conditions or activities in the project area.
2. To reimburse APHIS -WS for costs of services provided under this Agreement up to but not
exceeding the amount specified in the Financial Plan (Attachment S). CMT will begin
processing for payment invoices submitted by APHIS -WS within 30 days of receipt. The
Cooperator ensures and certifies that it is not currently debarred or suspended and is free of
delinquent Federal debt.
3. To designate to APHIS -WS the CMT authorized individual whose responsibility shall be the
coordination and administration of activities conducted pursuant to this Agreement.
4. To notify APHIS -WS verbally or in writing as far in advance as practical of the date and time
of any proposed meeting related to the program.
5. APHIS -WS shall be responsible for administration and supervision of the program.
6. All equipment purchased for the program is and will remain the property of APHIS -WS.
7. To coordinate with APHIS -WS before responding to all media requests related to the project.
ARTICLE 5
APHIS WS Agrees:
1. To conduct activities at CMT as described in the Work and Financial Plans.
2. Designate to CMT the authorized APHIS WS individual who shall be responsible for the joint
administration of the activities conducted pursuant to this Agreement.
3. To bill CMT for actual costs incurred by APHIS WS during the performance of services agreed
upon and specified in the Work Plan. APHIS WS shall keep records and receipts of all
reimbursable expenditures hereunder for a period of not less than one year from the date of
completion of the services provided under this Agreement and CMT shall have the right to
inspect and audit such records.
4. To coordinate with CMT before responding to all media requests related to the project.
ARTICLE 6
This Agreement is contingent upon the passage by Congress of an appropriation from which
expenditures may be legally met and shall not obligate APHIS upon failure of Congress to so
appropriate. This Agreement may also be reduced or terminated if Congress only provides APHIS funds
for a finite period under a Continuing Resolution.
ARTICLE 7
APHIS assumes no liability for any actions or activities conducted under this Cooperative Service
Agreement except to the extent that recourse or remedies are provided by Congress under the Federal
Tort Claims Act (28 U.S.C. 1346(b), 2401(b), and 2671-2680).
ARTICLE 8
Pursuant to Section 22, Title 41, United States Code, no member of or delegate to Congress shall be
admitted to any share or part of this Agreement or to any benefit to arise therefrom.
ARTICLE 9
All activities will be conducted in accordance with all applicable Federal, State and local laws, rules,
and regulations. Nothing in this Agreement shall prevent APHIS- WS from entering into separate
agreements with any other organization or individual for the purpose of providing wildlife damage
management services exclusive of those provided for under this agreement.
ARTICLE 10
CMT certifies that APHIS WS has advised CMT that there may be private sector service providers
available to provide wildlife management services that CMT is seeking from APHIS WS.
ARTICLE 11
The performance of wildlife damage management actions by APHIS WS under this agreement is
contingent upon a determination by APHIS WS that such actions are in compliance with the National
Environmental Policy Act, Endangered Species Act, and any other applicable environmental statutes.
APHIS WS will not make a final decision to conduct requested wildlife damage management actions
until it has made the determination of such compliance.
ARTICLE 12
This Cooperative Service Agreement may be amended at any time by mutual agreement of the parties in
writing. Also, this Agreement may be terminated at any time by mutual agreement of the parties in
writing, or by one party provided that party notifies the other in writing at least 120 days prior to
effecting such action. Further, in the event the Cooperator does not provide necessary funds, APHIS
WS is relieved of the obligation to provide services under this agreement.
In accordance with the Debt Collection Improvement Act of 1996, the Department of Treasury requires
a Taxpayer Identification Number for individuals or businesses conducting business with the agency.
C
1�1
CMT Taxpayer Identification Number (TIN) 37-0844662
APHIS Tax Identification Number (TIN) 41-0696271
CRAWFORD, MURPHY AND TILLY, Inc.
Dan Meckes, P.E. Date
Gateway Tower
One Memorial Drive, Suite 500
St Louis, Missouri 63102
314-436-5500
UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
WILDLIFE SERVICES
Seth R. Swafford, Missouri/Iowa State Director Date
USDA, APHIS, WS
1714 Commerce Ct., Suite C
Columbia, MO 65202
Charles S. Brown, Eastern Regional Director Date
USDA, APHIS, WS
920 Main Campus Drive
Raleigh, NC 27606
ATTACHMENT A
WORK PLAN
Introduction
The U.S. Department of Agriculture (USDA) is authorized to protect American agriculture and other
resources from damage associated with wildlife. The primary authority for Wildlife Services (WS) is
the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C.426-426b) as amended, and the Act of December 22,
1987 (101 Stat. 1329-331, 7 U.S.C. 426c). Wildlife Services' activities are conducted in cooperation
with other Federal, State and local agencies; private organizations and individuals.
The WS program uses an Integrated Wildlife Damage Management (IWDM) approach (sometimes
referred to as IPM or "Integrated Pest Management") in which a series of methods maybe used or
recommended to reduce wildlife damage. IWDM is described in Chapter 1, 1-7 of the Animal Damage
Control Program Final Environmental Impact Statement (USDA, 1994). These methods include the
alteration of cultural practices as well as habitat and behavioral modification to prevent damage.
However, controlling wildlife damage may require that the offending animal(s) are killed or that the
populations of the offending species be reduced.
Purpose
CMT has requested WS's assistance to conduct a wildlife hazard assessment at the Cape Girardeau
Regional Airport (CGRA) in Cape Girardeau, Missouri. The wildlife hazard assessment process is
described in 14 CFR139.337.
Planned USDA. APHIS, Wildlife Services Activities
APHIS -WS plans to conduct a wildlife hazard assessment by collecting data during bi-monthly on-site
observations and surveys over a 12 -month period for an evaluation of factors contributing to wildlife
hazards at CGRA. APHIS -WS will prepare a written, wildlife hazard assessment that will detail all
observations as well as recommendations for reducing and addressing wildlife hazards on CGRA. The
wildlife hazard assessment will be written by the APHIS -WS Missouri/ Iowa Program specifically for
the CGRA and may not be modified or edited without APHIS -WS consent.
Effective Dates
The cooperative agreement shall commence March 1, 2013 and shall expire on April 30, 2014.
ATTACHMENT B
FINANCIAL PLAN
Personnel Costs (Salary and Benefits)
$19,180.81
Travel (Lodging, airfare when needed, and per diem)
$3,796.00
Vehicle Usage (Mileage)
$3,900.00
Supplies (traps, bait, animal disposal, etc.)
$501.58
Total Direct Charges
$27,378.39
Program Support*
$4,421.61
Total
$31,800.00
The distribution of the budget from this Financial Plan may vary as necessary to accomplish the purpose
of this agreement, but may not exceed $31,800.00.
* APHIS charges program support to recover administrative costs associated with performing project
work. Such costs may include office expenses, billing, equipment purchases, computers, National
Environmental Policy Act (NEPA) compliance, pesticide registration/training, Management Information
System (MIS) and other mandatory training or record keeping requirements not specific to any one
project.
Financial Point of Contact
CMT: Roy Remington Phone: 417-623-0262
APHIS WS: Kerry Haller Phone: 573-449-3033 x I I
Fax: 573-449-4382
6
Exhibit V
CAPE GIRARDEAU REGIONAL AIRPORT
CAPE GIRARDEAU, MISSOURI
BASIC AND SPECIAL SERVICES
REPLACE AIRFIELD ELECTRICAL SYSTEMS
,a..... as. zou
(1 ) Mileage, Motel and Meals (3) Computer Services (5) Punting and Shipping
(2) Equipment, Materials and Supplies (4) Vendor Services
Exhibit V-1
Senior Project
Project
Senior
Senior
Registered
Senior
Clerld
Other
Classification.
Principal
Engineer
Manager
Engineer
Engineer
Planner
Planner
Land Surveyor
Technician
Technician
Secretary
Costs
Gross Hourly Rate:
$203.34
$153.69
$12094
$93.27
$77.69
$88.71
$65.60
$107.53
$92.31
$6960
$52.92
A. BASIC SERVICES
1. Preliminary Phase:
Total hours = 0
0
0
0
0
0
0
0
0
0
0
0
u,^, �.
Total = $0.00
$000
$000 1
$0.00
$0.00 1
$0,00
$0.00 1
$0.00
$0.00
1 $000
$0.00
1 80.00
$000
2. Design Phase:
Contract Aaromiso-ximn+2
wnM1 Airport arta USDA
._ 12
TotalTotal hours = 24
0
0
24
0
0
0
Total = $2,902.61
$0.00
$0.00
$2,902.81
$0.00
$000
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
3. Bidding Phase.
Total hours = 0
0
0
0
0
0
0
0
0
0
0
0
Total = WOO
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0,00
$0.00
PARTASUBTOTAL = $2,902.61
B. SPECIAL SERVICES
1. Land Acquisition
Total hours = 0
0
0
0
0
0
0
0
0
0
0
0
,
Total - 80.00
80.00
80.00
$0.00
$0.00
$0.00
$0.00
$0.00
80.00
$0.00
80.00
$0.00
80.00
PART B SUBTOTAL = $0.00
GRAND TOTAL
(1 ) Mileage, Motel and Meals (3) Computer Services (5) Punting and Shipping
(2) Equipment, Materials and Supplies (4) Vendor Services
Exhibit V-1
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. Wildlife Hazard Assessment See Cooperative Service
Agreement in Exhibit IV
Exhibit V1- 1