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Home My WebLink AboutRES.887.12-20-1993 i � BILL NO. 93-292 RESOLUTION NO. u� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #1 TO A CONTRACT WITH CRAWFORD, MURPHY & TILLY, INC. FOR PROJECT CONSULTING SERVICES AT THE CAPE GIRARDEAU MUNICIPAL AIRPORT BE IT RESOLVED BY THE 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 Amendment #1 to a Contract with Crawford, Murphy & Tilly, Inc. for project consulting services at the Cape Girardeau Municipal Airport. A copy of said Amendment #1 is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THI S ��L.' DAY OF ��'r��ux.�:�_f , 19 �. � . . �..-,%�_ . °. � �, i �f �r Francis E. Rhodes, Mayor ATTEST: ,C-.j' `; , � '� �:�y C_�'.�!' 'r'_�Cc:� Gayle �� . Conrad Deputy City Clerk . '�' , PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT, made and entered into this,�i�e day of r� �� ,, 19`i�; , by and between the CITY OF CAPE GIRARDEAU, MISSOURI, whose address is 401 Independence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its City Council, hereinafter referred to as "SPONSOR" and CRAWFORD, MLTRPHY & TILLY, INC., Consulting Engineers, whose address is 133 South l lth Street, Suite 500, St. Louis, Missouri, 63102, hereinafter referred to as the "CONSULTANT". The Sponsor agrees to retain the Consultant to perform the engineering and architectural services as described herein for the development of the Cape Girardeau Municipal Airport, effective at such time that the Sponsor designates a project set forth below in Section I and enters into a project agreement defining the project, consideration, and Scope of Services as an amendment hereto. It is understood that the form of this contract is for the convenience of the parties and that the rights and duties of the Sponsor and the Consultant for a particular project shall be the same as though a separate and distinct professional services contract had been executed between the Sponsor and the Consultant for each project. I. The scope of work contemplated under this agreement is for professional service for the development of the Cape Girardeau Municipal Airport. Said development may include, but is not limited to the following projects: 1. Reconstruction of general aviation apron. 2. Expansion of general aviation apron (1200' x 130'), associated lighting, drainage, signage, tie-downs, and pavement markings. 3. Construction of connecting taxiway from the general aviation apron to Taxiway C. 4. R_e-cablin� runwav 10-28 and installation of lighted windcones, includin� vault and rv�*'v�.. :Jlit.j.:iJ u..i�.,�:v�v...�...w. 5. Update of Airport Layout Plan. 6. Preparation of overall drainage plan. 7. Preparation of pavement management plan. 8. Assistance in land acquisition. 9. Extension of Taxiway D, (1800' x 40'), associated lighting, signing, drainage, and pavement markings. 1 10. Construction of T-hangar Taxiway pavements. 11. Purchase and construction of ARFF and snow removal equipment and facilities. 12. Update of existing electrical vault and re-cabling of runway and taYiway circuits. 13. FAA mandated improvements. II. The Consultant's services to be rendered for the above described scope of work will be according to the following schedule: PART A - PROJECT DEVELOPMENT AND PREAPPLICATION SERVICE 1. Assist the Sponsor as required in preparing and/or updating the Preapplication, including the Program Sketch, Program Narrative, and Opinion of Probable Construction Cost, and assist the Sponsor with Project Evaluation, Environmental Assessment Reports and the required Statements and Notifications. Assist the Sponsor, as required, in their coordination with the FAA, coordination of the State, Regional and Local reviews, and the conduct of Public Information Meetings or Public Hearings, if required. 2. Consult/Coordinate with Airport Users, FAA, MHTD, Airport Staff, City, County, and other interested Parties. 3. Review, and revise as necessary, the airport drawings which provide the basis for the project design. 4. Provide acceptable Airport Layout Plan and associated drawings, as required. 5. Prenare ar assist in the nreoaration of the Application for Federal Funds and the i :.;r;,:�; .Y�ar ��.L..�.. �� . 6. Perform miscellaneous consulting engineering services as requested by the Sponsor and assist the Sponsor in obtaining other required services such as archaeological services, initial aerial mapping of the entire airport site, or other related services or studies. PART B - BASIC DESIGN SERVICES 1. Perfarm topographic surveys of proposed construction areas as required for design. 2. Perform soils and subsurface testing and investigation of proposed construction areas as required for design. 2 3. Prepare preliminary plans, specifications, contract documents, and Opinion of Probable Construction Cost for the design, to be approved by the Sponsor, FAA, and the State of Missouri. 4. Prepare and submit final plans, specifications, and contract documents for approval by the Sponsor, FAA and the State of Missouri prior to advertising for bids. 5. Prepare a Design Report, including estimates of final quantities and construction costs. The report will be submitted with the final plans and specifications to the Sponsor, FAA, and the State of Missouri. 6. Coordinate the establishment of bid proposals into schedules to allow fleYibility of award to match the funds available. 7. Provide complete sets of approved plans, specifications, and contract documents for the bidding of the project. 8. Assist with the bid opening and processing of bid documents, and make recommendations to the Sponsor for award of contract schedules. PART C - CONSTRUCTION PHASE SERVICES 1. The Consultant shall provide general construction observation including the furnishing of a Resident Project Representative and sufficient qualified inspection and survey personnel for the purpose of observing the progress and quality of work performed by Contractor(s). The Consultant will endeavor to provide protection for the owner against defects and deficiencies in the work of Contractor(s), but the furnishing of such resident project representation will not make the Consultant responsible for construction means, methods, techniques, sequences of procedures or for safety precautions or programs, or for Contractor(s) failure to perform their work in accordance with the Contract Documents. 2. The Consultant shall perform verification of testing as necessary to meet the requirements of the Federal Aviation Administration, in the field and the laboratory, as required, in proper time and in sufficient number to assist in assuring construction is in accordance with the plans and specifications. Copies of all test reports will be made available to the Sponsor, MHTD, and the FAA as required. 3. The Consultant shall observe tests taken by the Contractor as necessary to meet the requirements of the Federal Aviation Administration, in the field and the laboratory, as required, in proper time and in sufficient number to assist in assuring construction is in accordance with the plans and specifications. Copies of all test reports will be furnished to the Sponsor, FAA, and the State of Missouri. 3 4. The Consultant shall act as the Sponsor's agent during construction to protect the Sponsor's interest. The consultant will furnish the Sponsor a weekly construction progress and inspection report. 5. The Consultant shall prepare all addition and deletion change orders and supplemental agreements as required. After acceptance of the Construction Contract Changes by the Contractor, copies will be submitted to the Sponsor and MHTD or the FAA for approval and signature before proceeding with the work. 6. The Consultant shall review periodic estimates submitted by the Contractor during the construction of the project and shall review the final estimate when the work is completed. Periodic estimates shall be submitted regularly to the Sponsor for concurrence and submittal to MHTD or the FAA for federal participation payments. The Consultant will assist in preparation of Federal payment requests. 7. The Consultant shall review shop drawings and construction submittals, and prepare and maintain necessary records of construction progress. 8. When the project has been completed and is ready for final acceptance, the Consultant shall arrange for inspection of the finished work by the FAA, MHTD, the Sponsor, the Contractor, and the Consultant, following which the final payment estimate for the work will be considered by the Sponsor. 9. Upon acceptance of the project, the Consultant shall prepare the record drawings, including any field surveying required to compute final quantities, and the construction engineering report, and shall provide the Sponsor with one (1) set of reproducible record drawings. PART D - CHANGE OF SCOPE It i� m�.�riallv a�reed that anv chanae in the scooe of the project as outlined in Article I, ur �1�� s�� L�.: ��....�� i�. �-��.,,�� l i �� , L u;�u �, and/or delays (including completion of the work in more than one project) by the Sponsor, resulting in extra expense to the Consultant, shall be considered beyond the normal scope of this contract. In addition to the foregoing services, the Sponsor may require additional services such as Property Surveys, Descriptions of Land, Easements, Redesign or Major Changes of the concept after final plans or concepts have been approved by the FAA. Payment to the Consultant for such work, because of the change of scope of the project, shall be negotiated at the time of the anticipated change and it shall be mutually agreed to by amending this contract. III. The Consultant further agrees to the NON CONSTRUCTION CONTRACT, REQIJIRED FEDERAL CONTRACT CLAUSES as stated in ATTACHEMENT 2 of this contract. 4 IV. The Consultant and the Sponsor mutually agree that: 1. The Sponsor and the Consultant each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this contract and the partners, successors, assigns and leaal representatives of such other party in respect of all covenants of this contract. Neither the Sponsor nor the Consultant shall assi�, sublet, or transfer its interest in this contract without the written consent of the other. 2. This contract may be terminated by either party upon thirty (30) days written notice should either party fail substantially to perform in accordance with its terms through no fault of the other. It is also understood that any such violation or Breach of Contract is subject to legal remedies in addition to any contractual or administrative measures. 3. The original plans and specifications shall remain the property of the Consultant; however, the Sponsor will be provided one (1) set of specifications and reproducible plans whether or not the project is executed. Any reuse of the plans without written verification or adaptation by Consultant for the specific purposes intended will be at Sponsor's sole risk and without liability or legal exposure to Consultant; and Sponsor shall indemnify and hold harmless Consultant from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. 4. This Agreement is subject to the approval of the Federal Aviation Administration and the State of Missouri. 5. Reasons for which this agreement may be terminated by default include, but are not limited to, inferior or uncompleted work by the Consultant, or lack of diliQence by either party. y 6. Re�cor.� f�r which this aRreement mav be term�n.ated by either party because of ��.�,.:i��au�� u�,��c: �.i� ��.�lu� u: c.c��r p��y ..�,,.uaz, nut are not iimited to, non- availability of funds, or governmental policy decisions to abandon or postpone the work indefinitely. V. The Sponsor agrees that: 1. The Sponsor shall make available to the Consultant all technical data that is in the Sponsor's possession including maps, surveys, property descriptions, borings or other information required by the Consultant and relating to his work. 2. The Sponsor agrees to cooperate with the Consultant in the approval of all plans and specifications, or should they disapprove of any part of said plans and specifications, shall make a timely decision in order that no undue expense will be caused the 5 Consultant because of lack of decisions. If the Consultant is caused to incur espenses such as additional design drafting, due to changes ordered by the Sponsor after the completion and approval of the plans and specifications, the Consultant shall be equitably paid for such extra expenses and services. 3. The Sponsor shall pay publishing costs for advertisements of notices, public hearings, requests for bids, and other similar items and shall pay for all permits and licenses that may be required by local, state or federal authorities; and shall secure the necessary land, easements, rights-of-way required for the project. VI. Payment. 1. The consideration and terms of payment for services described in Article II, Parts A, B and C will be as set forth in each project agreement to this contract that designates a project, and sets forth the Scope of Services to be performed thereunder and amends this agreement. VII. The Consultant agrees to perform said services and work to carry out the provisions of this contract in a good and workmanlike manner. VIII. Hold Harmless. The Consultant agrees to protect and save the Sponsor, its elected and appointed officials and employees, harmless from and against all claims, demands and causes of action including the cost of defense thereof, due to negligent acts, errors, or omissions of the Consultant on this proj ect. IX. Insurance. The Consultant shall obtain and maintain continuously, public liability insurance, to protect tre n��hlic wit� iir��t� �f l�abil_itv nQt le�s than $1,000,000.00 combined sinale limit bodily ir��u1y u��ci property damage, �i�: au�� anu ��ul�-.,��iYe.� auto coverage. The Consultant shall provide the Sponsor a certificate of insurance naming the sponsor as a co-insured. X. An opinion of construction cost prepared by the Consultant represents judgement as a design professional and is supplied for the Sponsor's guidance. Since the Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, the Consultant does not guarantee the accuracy of its opinion as compared to contractor bids or actual cost to the Sponsor. 6 XI. Term of Contract. This agreement, unless otherwise terminated as set out above, shall be for a term of three years from the date of final execution by Consultant and Sponsor. Any extension as may be necessary to complete a project may be agreed to by both parties and is subject to approval of MHTD or FAA as may be necessary. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this ,,r�1�7- day of,�.k ,,. ,x�!�,_ , 19 <;%.�, . SPONSOR: CITY OF CAPE GIRARDEAU, NIISSOURI � ��.�� , ATTEST: <_�� / ��<.+'�_y�7 ( ��'l�'� CONSULTANT: CRAWFORD, MURPHY & TILLY, INC. �� Clifto R. Baxter, P. . President ATTEST: i• ; �� r,-� 7 ATTACHMENT 1 CERTIFICATION OF CONSULTANT I, hereby certify that I am a duly authorized representative of the firm of CRAW�FORD, MLJRPHY & TILLY, INC., whose address is 133 South llth Street, St. Louis, Missouri, 63102, and that neither I nor the above firm I hereby represent has: A. Employed or retained for a commission, percentage, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee ��orking solely for me or the above consultant) to solicit or secure this contract. B. Agree, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract. C. Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the U.S. Department of Transportation, in connection with this contract involving participation of Federal-Aid airport funds, and is subject to applicable State and Federal laws, both criminal and civil. � .. L�ILG. /"/�./ J� L'y'. ' � Page 1 of 1 Page 1 of 6 ATTACHMENT 2 (Replaces Appendix 1 to AC 150/5100-14C) NON CONSTRUCTION CONTRACT REQUIRED FEDERAL CONTRACT CLAUSES INDEX 1. CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQUIREMENTS (VERSION 1, 1/5/90) 2. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS (VERSION 1, 1/5/90) 3. INSPECTION OF RECORDS - 49 CFR PART 18 (VERSION 1, 1/5/90) 4. RIGHTS TO INVENTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) 5. BREACH OF CONTRACT TERMS SANCTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) 6. DBE REQUIRED STATEMENTS - 49 CFR PART 23 (VERSION 1, 1/5/90) 7. TRADE RESTRICTION CLAUSE - 49 CFR PART 30 (VERSION 1, 1/5/90) 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (VERSION 1, 1/5/90) 9. TERMINATION OF CONTR.ACT - 49 CFR PART 18 (VERSION 1, 1/5/90) Page 2 of 6 1. CNIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQLTIRENIENTS (VERSION 1, 1/5/90) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: l.l Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 1.3 Solicitations for subcontracts, including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 1.4 Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts. other sources of information, and its facilities as may be determined . . , , ._ _ � . . : _ , .,_ _._�__ .- �- - .�_; ". �� ..--- --_.__ �.: �;,�rta�n compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or PaQe 3 of 6 b. Cancellation, termination, or suspension of the contract, in whole or in part. 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENER.AL CIVIL RIGHTS PROVISIONS (VERSION 1, 1/5/90) The contractor/tenant/concessionaire/lessee 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 tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. (VERSION 1, 1/5/90) The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. PaQe 4 of 6 4. RIGHTS TO INVENTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) All rights to inventions and materials generated under this contract are subject to reQulations issued by the FAA and the Sponsor of the Federal grant under which this contract is eYecuted. Information regarding these rights is available from the FAA and the Sponsor. 5. BREACH OF CONTRACT TERMS SANCTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) Any violation or breach of the terms of this contract on the part of the contractor or subcontractor 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. 6. DBE REQUIRED STATEMENTS - 49 CFR PART 23 (VERSION 1, 1/5/90) Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maYimum opportunity to compete for and perform contracts. Recipients and their .,.,...�_......._ _.._... �_,.. _. _.._._._�_�. e _._. �. ._ �__:_ - . .. , .,�::,:, .iational o�:�- . ...._. .�. �.�� award and performance of DOT-assisted contracts. 7. TRADE RESTRICTION CLAUSE - 49 CFR PART 30 (VERSION 1, 1/5/90) The contractar or subcontractor, by submission or an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); Paae 5 of 6 b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through � , ..., .._.. �: . .. . _... . ... . . . . . .. .. �. . . . . . .. .. ...,.,..._.. . . . . [..t+..: .._ ,..-.. �..�..�_ .., ...i. Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. PaQe 6 of 6 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLLINTARY EXCLUSION - 49 CFR PART 29 (VERSION l, 1/5/90) The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 9. TERMINATION OF CONTRACT - 49 CFR PART 18 (VERSION l, 1/5/90) 9.1 The sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. 9.2 If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 9.3 If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or other�vise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. 9.4 If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. 9.5 The rights and remedies of the Sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT THIS AMENDMENT, made and entered into this�,day o�,� �, a�19�, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, whose address is 401 Independence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its City Council, hereinafter referred to as "SPONSOR" and CRAWFORD, MURPHY & TILLY, INC., Consulting Engineers, whose address is 800 St. Louis Union Station, Suite 210, St. Louis, Missouri, 63103, hereinafter referred to as the "CONSULTANT". The Sponsor and Consultant agree to the following additions to the PROFESSIONAL SERVICES CONTRACT dated December 21, 1993: 1. The Contract shall state "Although the Missouri Highway and Transportation Department (MHTD) is not a party to this Contract, they will review all documents and administer funds", and "Although the Federal Aviation Administration (FAA) is not a party to this contract, their criteria will be followed". 2. All references made to the FAA shall be made to the Missouri Highway and Transportation Department. 3. All change orders shall be approved by MHTD. 4. Two (2) sets of record drawings shall be provided to MHTD when projects are complete. IN WITNESS WHERE F, the parties here o have affixed their signatures this ��/� day of f�� , 19�. SPONSOR: CITY OF CAPE GIRARDEAU, MISSOURI � A�'TEST: ; ./ CONSULTANT: CRAWFORD, MURPHY & TILLY, INC. �/.�i�i2�d�` � � 9, Timothy . T�append�if, P.E. Manager, St. Louis Regional Office ATTEST: 1 PROJECT AGREEMENT NUMBER 1 THIS PROJECT AGREEMENT NUMBER 1 which amends the Professional Services Contract dated �..�`��'�xr"r�-�r� , �;Yl , 19;�� made and entered into this ��'�-��r day of />>,�;�� ,:k.k,,��,� , 19 � by and between the CITY OF CAPE GIRARDEAU, MISSOURI, whose address is 401 Independence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its City Council, hereinafter referred to as "SPONSOR" and CRAWFORD, MURPHY & TILLY, INC. Consulting Engineers, whose address is 133 South 11th Street, Suite 500, St. Louis, Missouri, 63102, hereinafter referred to as "CONSULTANT". WHEREAS, the Sponsor requires professional services of the Consultant to provide necessary engineering and related services for planning, design, and construction of General Aviation Apron Reconstruction and Expansion, Taxiway Construction, and Runway 10/28 Recabling & Miscellaneous Electrical Work at the Cape Girardeau Municipal Airport as shown on Attachment D, and WHEREAS, the Consultant has agreed to provide the professional services required which shall include architectural, civil, structural, mechanical, and electrical engineering services. NOW, THEREFORE, in consideration of the covenants and agreement hereinafter set forth, it is agreed as follows: ARTICLE 1 . SCOPE OF SERVICES 1 .1 General. The Consultant, in consideration of the payment on the part of the Sponsor, agrees to perform the engineering services in accordance with Article II of the Professional Services Contract as modified by the remainder of this Article 1 . DESCRIPTION OF WORK: The Engineer shall provide all civil, electrical, structural and geotechnical services required to prepare construction plans, contract documents, technical �nAr�fir'afi�t�c an� rnnctr��tinn incnP�tinn CPPVIr;E?S Inr the following listed w�rlC iterrlS d5 snovvn or� r;�iacninent u, ar�u iISiEG DeIUVV: 1 . Reconstruct existing General Aviation Apron and replace localized distressed areas of pavement (11,000 sy of pavement). 2. Expand existing General Aviation apron. (1200' x 130') 3. Construct new connecting taxiway. (650' x 50') 4. Recable runway 10/28, install new wind cones, and update existing regulator. November 29, 1993 Page 1 of 5 Two sets of plans and specifications will be prepared for bidding under this contract. One set of plans shall consist of the Apron Reconstruction, Taxiway Construction, and Apron Expansion. The other set of plans will consist of the Runway Recabling and Miscellaneous Electrical Work. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR APRON AND TAXIWAY WORK: $1,920,840 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR ELECTRICAL WORK: $1 15,450 The work will be completed in three phases as described in the following three Sections of this Article 1 . 1 .2 Project Development and Preapplication Service Phase. This phase of the project shall include the engineering services listed in Article II, Part A - Project Development and Preapplication Service of the Professional Services Contract as modified by the remainder of this Section 1 .2: 1 .) No Environmental Assessment Reports and no Public Information Meetings or Public Hearings are believed to be necessary for the project and are not included in the scope of services for this Project Agreement. 2.) No Property Map (Exhibit "A") is believed to be necessary for the project and is not included in the scope of services for this Project Agreement. The following specific actions are intended to complete the scope of services listed for Project Development and Preapplication Service Phase: a.) Meet with the Cape Girardeau Department of Public Works; Airport Manager, and �+��r�r�ori,ntr nn��r+m�nt �c nor�Cc^:r�� tn (�ISCUSS project d17C�rr`��4' r,nssible phasing, materiais, aiternatives to be evaivated; and review of p�ans, contract documents, and scheduling. A total of 2 meetings are intended. b.) Meet with MHTD to verify direction of project and discuss funding. A total of 1 meeting is intended. 1 .3 Basic Design Services Phase. This phase of the project shall include the engineering services listed in Article II, Part B - Basic Design Services of the Professional Services Contract. Two sets of plans and specifications will be prepared for bidding under this agreement. One set of plans shall consist of the Apron Reconstruction, Taxiway Construction, and Apron Expansion. The other set of plans will consist of the Runway November 29, 1993 Page 2 of 5 Recabling and Miscellaneous Electrical Work. Both sets of plans are to be prepared, reviewed and bid at the same time. If the project has to be bid more than one time, then a modification to this agreement shall be prepared in accordance with Article II, Part D of the Professional Services Contract. The Consultant agrees to submit preliminary plans, specifications, contract documents, and cost estimates not more than 150 days after written Notice to Proceed. This time allows 30 days review time of the Engineer's Report by MHTD and the Sponsor. 1 .4 Construction Phase Services. This phase of the project shall include the engineering services listed in Article II, Part C - Construction Phase Services of the Professional Services Contract. In addition, the Consultant shall provide personnel meeting the requirements outlined in the F.A.A. Central Region document titied "Minimum Qualifications for Personnel, Equipment, and Facilities to be Provided by the Consulting Engineering Firm Responsible for Construction Inspection Services" attached hereto as "Attachment E". This contract assumes the projects will take 8 months to construct and the ' construction shall be completed by March 15, 1995. The Consultant will provide a representative at all times the Contractor is working or as required by the Sponsor. ATTACHMENT C provides for 2,330 hours of representation for this purpose. If this time is exceeded, due to the contractor working extra hours than as anticipated, and the delays are not caused by the Engineer, the Engineer shall be reimbursed for these services at a mutually acceptable fee negotiated at the time all pertinent circumstances are known. ARTICLE 2. COMPENSATION 2.1 Compensation for services outlined in Article 1, Paragraph 1 .2 of this Project Agreement for the Project Development and Preapplication Services Phase, shall be a Lump Sum fee of 2 800 without a modification to this Project Agreement. The estimated costs for the Consultants' Services for this part of the work is shown as "Attachment A". The Sponsor agrees to pay the Consultant for the work under this paragraph in accordance with the following schedule: 100% of the fee upon submittal of the Engineering Report and Application for Federal Funds. Any additional work requested by the Sponsor outlined in Article II, Part A of the Professional Services Contract for Project Development and Preapplication Services but not specifically described in this Project Agreement Number 1, - shall be reimbursed for these services in accordance with Article II, Part D of the Professional Services Contract. 2.2 Compensation for services outlined in Article 1, Paragraph 1 .3 of this Project Agreement for Basic Design Services, shall be a Lump Sum fee of $125,800 without a modification to this Project Agreement. The estimated costs for the Consultants' Services for this part of the work is shown as "Attachment B". The Sponsor agrees to pay the Consultant for the work under this paragraph in accordance with the following schedule: December 14, 1993 Page 3 of 5 25% of the fee upon completion of the soil borings and submittal of the engineering report to the Sponsor and MHTD, an additional 35% of the fee upon submittal of preliminary plans, specifications, and cost estimates to the Sponsor and MHTD, an additional 20% of . the fee upon submittal of final plans, specifications and cost estimates to the Sponsor and MHTD, and the remaining 20% of the fee upon receipt of construction bids. 2.3 Compensation for services outlined in Article 1, Paragraph 1.4 of this Project Agreement, shall be on a cost plus fixed fee basis with the fixed fee being 12 800 and the total amount not to exceed $1 19,800 without a modification to this Project Agreement. The estimated costs for the Consultants' Services for this part of the work is shown as "Attachment C". For the work under this paragraph the Consultant shall submit monthly statements to the Sponsor for all payroll costs and all other expenses incurred on the project and shall include a pro-rata share of the fixed fee in proportion of the statement amount to the not to exceed amount. Upon final completion and acceptance of the project any remaining portion of the fixed fee shall be included on the final statement from the Consultant. 2.4 Payments shall be made to the Consultant by the Sponsor within sixty (60) days of receipt of proper billing. Invoices which are not paid within sixty (60) days of receipt of proper billing shall bear interest at the rate of 1-1/2% for each month or fraction thereof from the date sixty (60) days after receipt of proper billing to time of payment. December 14, 1993 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto affixed their signatures this -:�>i,�r, day of /.�, r<,rt,�;, c ' , 19 `��; SPONSOR CITY OF CAPE GIRARDEAU, MISSOURI acting through its City Council. � � ATTEST: � � „ �r�.:f��%: �^i l�,' ;r ,;.,'��' CONSULTANT Crawford, Murphy & Tilly, Inc. '� � ATTEST: Cli n R. Baxter, P esident -=� � , " __ , � . November 29, 1993 Page 5 of 5 CAPE GiRARDEAU MUNICIPAL AIRPORT APRON RECONSTRUCTION, APRON EXPANSION, TAXIWAY CONSTRUCTION, RECABLING RUNWAY 10/28, AND MISCELLANEOUS ELECTRICAL WORK 1. DIRECT SALARY COSTS TITLE HOURS RATE/HOUR COST($) Principal of Firm 2 $44.20 $88.40 Sr. Project Engineer 2 34.10 68.20 Project Engineer 16 25.85 413.60 Engineer 12 16.96 203.52 Senior Eng.Tech. 0 17.51 0.00 Engineering Tech. 8 13.02 104.16 Typist/Clerk 4 8.50 34.00 Total Direct Salary Cost �911.88 2. Labor and General Administration Overhead Percentage of Direct Salary Costs at 144.43% $1,317.03 3. Out-of-Pocket Expenses a. Private Vehicle $216.00 b. Per Diem 0.00 c. Materials and Supplies 0.00 Total Out-of-Pocket Expenses $216.00 4. Subtotal of Items 1, 2, and 3 $2,444.91 5. Fixed Payment �400.00 6. Subcontract Costs (Specify) Total Subcontract Costs $0.00 7. TOTAL COST (Items 4, 5, plus 6) $2,844.91 Therefore, use $2,800 for a lump sum fee. EST COST FOR CONSULTANTS' SERVICES (PROJECT DEVELOP. & PREAPP. PHASE) �� ATTACHMENT A - PAGE 1 OF 1 �PM CAPE GIRARDEAU MUNIClPAL AIRPORT APRON RECONSTRUCTION, APRON EXPANSION, TAXIWAY CONSTRUCTION, RECABLING RUNWAY 10/28, AND MISCELLANEOUS ELECTRICAL WORK DESIGN SERVICES 1, DIRECT SALARY COSTS TITLE HOURS RATE/HOUR COST($) Principai of Firm 8 $44.20 $353.60 Sr. Project Engineer 56 34.10 1,909.60 Project Engineer 160 25.85 4,136.00 Senior Engineer 240 20.97 5,032.80 Engineer 616 16.96 10,447.36 Senior Eng. Tech. 360 17.51 6,303.60 Engineering Tech. 760 13.02 9,895.20 Typist/Clerk 80 8.50 680.00 . Total Direct Salary Cost $38,758.16 2. Labor and General Administration Overhead Percentage of Direct Salary Costs a 144.43% $55,978.41 3. Direct NonsalarV Expense Transportation $546.00 Per Diem 0.00 Printing 2,050.00 Total Direct Nonsalary Expenses $2,596.00 4. Subtotal of Items 1, 2, and 3 $97,332.57 5. Fixed Payment $14,200.00 6. Subcontract Costs (Specify) _ Soil Testing $6,600.00 Surveying 7,700.00 Total Subcontract Costs $14,300.00 7. TOTAL COST (Items 4, 5, plus 6) $125,832.57 Therefore, use $125,800 for a lump sum fee. ESTIMATED COST FOR CONSULTANTS' SERVICES (DESIGN PHASE) ,.-0�-� ATTACHMENT B - PAGE 1 OF 1 �rPM CAPE GIRARDEAU MUNICIPAL AIRPORT APRON RECONSTRUCTION, APRON EXPANSION, TAXIWAY CONSTRUCTION, RECABLING RUNWAY 10/28, AND MISCELLANEOUS ELECTRICAL WORK 1. DIRECT SALARY COSTS TITLE HOURS RATE/HOUR COST{$) Principal of Firm 8 $44.20 $353.60 Sr. Project Engineer 8 34.10 272.80 Project Engineer 120 25.85 3,102.00 Engineer 690 16.96 11,702.40 Senior Eng. Tech. 0 18.82 0.00 Engineering Tech. 1472 13.02 19,165.44 Typist/Clerk 32 8.50 272.00 Total Direct Salary Cost $34,868.24 2. Labor and General Administration Overhead Percentage of Direct Salary Costs at 144.43% $50,360.20 3. Out-of-Pocket Expenses a. Private Vehicle - 9,600 miles @ $0.30/mile $2,880.00 b. Per Diem - 194 days @ $50/day 9,700.00 c. Materials and Supplies 1,200.00 Total Out-of-Pocket Expenses $13,780.00 4. Subtotal of Items 1, 2, and 3 $99,008.44 5. Fixed Payment $12,800.00 6. Subcontract Costs (Specifv) Materiais Acceptance Testing $8,000.00 Total Subcontract Costs $8,000.00 7. TOTAL COST (Items 4, 5, plus 6) $119,808.44 Therefore, use $1�9,800 for a cost plus fixed fee contract upper limit. ESTIMATED COST FOR CONSULTANTS' SERVICES (CONSTRUCTION PHASE) 1 d-0se-B:f ATTACHMENT C - PAGE 1 OF 1 ��PM MINIMUM QUALIFICATIONS FOR PERSONNEL, EQUIPMENT, AND FACILITIES TO BE PROVIDED BY THE CONSULTING ENGINEERING FIRM RESPONSIBLE FOR CONSTRUCTION INSPECTION SERVICES TO ASSURE THAT THE CONSTRUCTION IS IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS. The Consultant shall provide personnel, equipment, facilities and Scope of Work in accordance with the Requirements outlined as follows: I Scope The Consulting Engineering Firm (Engineer) shall provide Construction Inspection Services for the project described in the basic portion of this document. The Engineer will be required to furnish material, provide qualified personnel and equipment; perform required tests; and submit the reports described herein. The purpose of these inspection services is to assure that the project is being constructed in compliance with the approved plans and specifications. II Laboratory Building, Equipment and Contract Documents A. The Engineer shall be responsible to insure that a facility suitable for use as a field office and laboratory is provided for in the contract specifications. B. The Engineer shall be responsible to ensure that equipment required for surveying, material testing, and project inspection is provided for in the contract specifications. C. The Engineer shall be responsible for ensuring that approved plans and/or specifications are available to inspection and testing laboratory personnel. III Project Engineer A. The Project Engineer shall be a Professional Engineer, licensed in the state where construction takes place (or a reciprocal state) and shall have overall responsibility for inspection of the project and provide assurance to the owner that the construction is in accordance with the approved plans and specifications. The engineer shall be on the project _ . . _ : � : ;: _ � �:'. v�'�::�.�...:! ,:�,spe�ion personnel. (Critical�operations shall be specifically defined in the Construction Inspection Program.) The engineer shall have authority to make decisions regarding the project, subject to approval of the sponsor/owner and the FAA. Official project documents (i.e. change orders, inspection reports, etc.) shall always be signed by the Project Engineer. Documents shall also be signed by the appropriate inspector if the Project Engineer is not on site to observe operations. Unless otherwise approved by the FAA, the Project Engineer shall meet the following minimum requirements: Earthwork - 3 years experience in earthwork construction. Base & Subbase - 3 years experience in base and subbase construction. ATTACHMENT E - PAGE 1 OF 5 Concrete or Asphalt - 5 years experience in airport or highway pavement construction. B. During construction operations which require inspection or testing, either the Project Engineer or a qualified inspector shall be on the project site. Qualifications for inspection personnel are outlined in the appropriate sections. IV Testing Laboratory A. The main laboratory furnishing testing services for the project shall be tested for proficiency by an acceptable accreditation program. Acceptance of laboratory accreditation programs must come from the FAA. (NOTE: If a testing laboratory can show evidence that it has applied for and paid necessary fees to an acceptable laboratory accreditation program, such evidence may satisfy this requirement.) The frequency of the on site inspections and proficiency testing required to retain accreditation shall be as required by the AASHTO Accreditation Program. The laboratory shall only be required to have accreditation for tests required in the project. B. Testing functions occurring in the field such as density testing, material sampling, or specimen preparation may be performed by accredited laboratory personnel or other qualified personnel. The minimum qualifications for Field Testing Personnel are outlined under Part VII. For areas not covered under Part VII, field testing personnel shall have as a minimum, one year of experience with the appropriate material and construction methods. V Construction Inspection Program A. At least a minimum of 10 days prior to the pre-construction meeting the Engineer shall submit a Construction Inspection Program (CIP) to the FAA for approval. (NOTE: An approved CIP will be required prior to FAA authorization to issue Notice To Proceed.) The Construction Inspection Program shall detail the measures and procedures to be used to comply with quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the project specifications. The program shall include the following items as a minimum: 1 . Name of the person representing the sponsor who has overall responsibility for .�_ � .._, . �..,,._,v__.. ..,.,..i........... _._,_. .., .. . , � '�. ... ...., ,. ... -_ .,._ .,.v 1 �i i�' a� l G�\... �. ...,_.._._. _. _. _..., .� comply with the contract. 2. Names of testing laboratories and a certificate of accreditation, indicating proficiency in specific test standards. 3. Names of other engineering firms with quality control responsibilities for the project including a description of the services to be provided by each firm. 4. List qualifications for the Project Engineer, site inspectors, laboratory personnel, and testing personnel. ATTACHMENT E - PAGE 2 OF 5 5. Listing of all tests required by the contract specification, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. 6. Procedures for ensuring that: (a) tests are taken in accordance with the approved construction inspection program; (b) tests are documented properly; (c) corrective actions are taken for failed tests; (d) quality and quantity of materials meet project requirements; (e) reports are transmitted to proper parties. VI Surveying A. The surveying included in this portion of the engineering agreement is for the construction of the project. All field notes and data collected during design will be available to the Project Engineer regardless of who designs the project. The survey party shall consist of a party chief and a qualified survey crew. If property surveying is required, the party chief shall be a registered land surveyor. B. Unless otherwise specified in the contract documents, the Contractor shall be responsible for all construction staking. The Sponsor's survey personnel shall not be employed by the Contractor. The Sponsor's survey party shall establish initial vertical and horizontal control points, make spot checks on alignment, verify proper cross sections of the completed pavement layers (subgrade, subbase, base course and surface course) and verify final cross sections for computing final pay quantities. In the event that the Sponsor is also responsible for construction staking, the survey party shall be responsible for horizontal layout and vertical control, grade staking, verifying the final grades of the completed subgrade, subbase, base . . . .�_ -. .. - . . � . . .,.. . -� . ' , . �.�. .� .. . _. - . . � . . . .. .... c��r �_� -- v {;�-;�J �ay quantities. VII Construction Inspection and Material Testing A. Subgrade, Subbase, and Base Course Construction Personnel. 1 . Field Inspector: The Engineer shall provide at least one on site inspector per shift with a minimum of 2 years experience in earthwork, and aggregate subbase/base course construction. A four year college degree in engineering or a certificate of completion from an acceptable training course may be substituted for up to one year of experience (requires approval by the FAA). If additional assistant inspectors are required they shall have a working knowledge of earthwork and subbase/base course construction proced u res. ATTACHMENT E - PAGE 3 OF 5 2. Field Testing Personnel: Field testing personnel shall have a minimum of one year experience in field testing of subgrade, subbase, and base courses. In lieu of working experience, a certificate of completion from an acceptable training course may be accepted. (requires approval by the FAA.) 3. Laboratory Personnel: The supervisor(s) of the main testing laboratory and field laboratory shall have as a minimum; two years of prior employment with the official project testing laboratory or other testing laboratories with approved accreditation. The supervisor is ultimately responsible for the testing activity, but need not be present for field sampling or field testing. B. Bituminous Paving Inspection Personnel. 1 . Field and Plant Inspectors: The Engineer shall furnish a sufficient number of inspectors to adequately inspect plant and field laydown operations. A minimum of one on site inspector per shift shall have at least five years of experience in the field of bituminous pavement construction. A four year degree in engineering or a certificate of completion from an acceptable training course may be substituted for up to one year experience (requires approval by the FAA). Additional assistant inspectors shall have a working knowledge of the appropriate construction procedures. This includes inspectors for construction of bituminous seal coats and surface courses. 2. Field Testing Personnel: Field testing personnel shall have a minimum of one year experience in field testing and sampling of bituminous concrete. In lieu of working experience, a certificate of completion from an acceptable training course may be accepted. (Training courses will require approval by the FAA.) 3. Laboratory Personnel: The supervisor(s) of the main laboratory and field laboratory shall have a minimum of two years of supervisory employment with this laboratory or other laboratories with approved accreditation. Additional laboratory personnel shall have a working knowledge of bituminous mixture testing. The supervisor is ultimately responsible for the testing activity, but need not be present for field sampling or field testing. C. Concrete Paving and Structural Concrete Inspection Personnel. 1 . Field Inspectors: The Engineer shall furnish a sufficient number of inspectors to adequately inspect plant and field placement operations. A minimum of one on site inspector per shift shall have at least 5 years experience in concrete pavement construction. A four year college degree in engineering or a certificate of completion from an acceptable training course may be substituted for up to one year experience (requires approval by the FAA). The inspector shall be on site during the placing, sawing and initial curing operations. Additional assistant inspectors shall have a working knowledge of concrete paving procedures. ATTACHMENT E - PAGE 4 OF 5 2. Field Testing Personnel: Field testing personnel shall have a minimum of one year experience in field testing and sampling of portland cement concrete. In lieu of working . experience, a certificate of completion from an acceptable training course may be accepted. (requires approval by the FAA.) 3. Laboratory Personnel: The supervisor of the main laboratory and field laboratory shall have a minimum of two years of employment with this laboratory or other laboratories that have approved accreditation. Additional laboratory personnel shall have a working knowledge of concrete testing. The supervisor is ultimately responsible for the testing activity, but need not be present for field sampling or field testing. D. Manufactured Materials. For manufactured items such as cement, asphalt, steel, lime, etc., the Project Engineer may accept the vendor's certification that the materials meet the specifications or he may require the material to be tested for compliance to the specifications. E. Report of Test Results to the Contractor: The Contractor shall be verbally notified of the test results immediately after the tests have been completed. The information shall include the results of the tests and any payment deductions due to substandard construction materials. In no case shall the Contractor be verbally notified later than 4 hours after the test results have been completed. Additional written notification shall be provided to the Contractor within 7 days after the tests have been completed. F. Retesting: The testing laboratory shall provide written notification to the Sponsor and the Contractor of additional costs incurred from retesting of failed materials, additional quality tests, and additional mix designs. G. Reports: 1 . Weekly Reports: Tests reports including types of tests taken, applicable standards, location of tests, test results (highlighting those tests which fail specification requirements), provisions for failed tests, and specification requirements shall be submitted to the FAA weekly. 2. Final Report: At the end of the job the Project Engineer shall submit a final test and quality control report documenting the results of all tests performed. Those tests that failed or did not meet the applicable test standard shall be highlighted and correct action noted. The report shall include the pay reductions applied and justification for accepting any out-of-tolerance materials. ATTACHMENT E - PAGE 5 OF 5 , l�•`. . ' � / / a � � j � x i i �' i i i i . � i � . i � � �o . i i i i z i i ' �m i i �� i i zo i i r^� � � N i c . . . � � � i � . i � � i i � i i � i i . � � � i i i i i T,�y�,_Y 0 , -"'a� • � , � . ' �C�C / I ,� v�z i i � i i . .. �� v i i ; _�� « . � . � � � � . � � �o� z i i g�� . �ao� i i � �rn Q i i = ,�+1 � . m g � 3� � . �� I TA1fIWAY B p , _ C�r''� o I ' Z I DnC . "'��*1� / � v�= % / ( .� . � � �� . / % � . � � Q j % . % � � � ' , % j � j . . in � i - � ` � �A ,. � %� � �� ; � ��. o - ----- z � � �� N� Z �m � � 0� C � n � m� c z z m� � n� Attachment D � m v 0 z ADDENDUM N0. 1 TO PROFESSIONAL SERVICES CONTRACT THIS ADDENDUM NO. 1, made and entered into this li.t� day of(�� , 19_�, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, whose address is 401 Independence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its City Council, hereinafter referred to as "SPONSOR" and CRAWFORD, MURPHY, & TILLY, INC., Consulting Engineers, whose address is 800 St. Louis Union Station, Suite 210, St. Louis, Missouri, 63103, hereinafter referred to as "CONSULTANT" amends the Professional Services Contract Dated December 21. 1993, for professional engineering and architectural services for the development of the Cape Girardeau Municipal Airport. The following clarifications, revisions, and additions are hereby made to the Professional Services Contract and agreed to by the Sponsor and the Consultant: 1) Under ARTICLE II., PART B - BASIC DESIGN SERVICES. Revise item 4. by adding the following sentence at the end of item 4.: Any items of construction that are not eligible for federal funding shall be identified or segregated in the contract documents. 2) LTnder ARTICLE II., PART B - BASIC DESIGN SERVICES. Revise item 5. to read as follows: Prepare a Design Report, including estimates of final quantities and construction costs. The report will be submitted prior to development of plans and specifications to the SPONSOR, FAA, and the State of Missouri. Any changes that are proposed to be made to the FAA standards or specifications will be indicated in a separate section of the Design Report and the reasons for the proposed changes will be listed. 3) Under ARTICLE II., PART B - BASIC DESIGN SERVICES. Add item 9. which reads as follows: All designs should be completed to the cunent FAA standards and specifications, including but not limited to AC 150/5300-13 and all changes. However any changes to FAA standards that occur after the date of this agreement that result in additional work or expense for the CONSULTANT shall be considered a change of scope. TPT:C:\WP51\DOC\PROJECTS\CAPE\CONTRACT.ADI PAGE 1 1/31/95 4) Under ARTICLE II., PART C - CONSTRUCTION PHASE SERVICES. Revise item 1. to read as follows and also add Attachment 3 which is referred to in revised item 1. and is attached hereto: The CONSULTANT shall provide adequate construction observation including the furnishing of a Resident Project Representative and sufficient qualified inspection and survey personnel for the purpose of observing the progress and quality of work performed by Contractor(s). Construction observation services shall be done in accordance with the requirements contained in the document titled "Federal Aviation Administration - Central Region, Standards for Construction Observation Services, Updated December 1, 1994" which is attached hereto as "Attachment 3". Project testing shall be performed in accordance with the requirements of Attachment 3 and the approved construction contract documents and specifications. The CONSULTANT will endeavor to provide protection for the SPONSOR against defects and deficiencies in the work of construction Contractor(s), but the furnishing of such resident project representation will not make the CONSULTANT responsible for the Contractor's construction means, methods, techniques, sequences, or procedures or for safety precautions or programs, or for the Contractor's failure to perform their work in accordance with the construction contract documents. 5) Under ARTICLE II., PART C - CONSTRUCTION PHASE SERVICES. Revise item 9. to read as follows: The CONSULTANT shall perform verification and/or acceptance tests as required by MHTD, the construction contract documents, and AC 150/5370-10A and all current changes to meet the requirements of the Federal Aviation Administration, in the field and the laboratory, as required, in proper time and in sufficient number to assist in assuring construction is in accordanee with the plans and specifications. Copies of all test reports will be made available to the SPONSOR, MHTD, and the FAA as required. 6) Under ARTICLE II., PART C - CONSTRUCTION PHASE SERVICES. Revise item 9. to read as follows: Upon acceptance of the project, the CONSULTANT shall prepare the record drawings, including any field surveying required to compute final quantities, and the construction engineering report, a final testing summary and shall provide the SPONSOR with one (1) set of reproducible record drawings and one set of magnetic disks containing Autocad drawings. TPT:C:\WP51\DOC\PROJECTSICAPE\CONTRACT.AD1 PAGE 2 1/33/95 7) Under ARTICLE II., PE1RT C - CONSTRUCTION PHASE SERVICES. Add item 10. to read as follows: The CONSULTANT shall provide MHTD with two (2) executed copies of the contract documents and plans (if changes were made after MHTD's review of final plans). 8) Under ARTICLE II., PART C - CONSTRUCTION PHASE SERVICES. Add item 11. to read as follows: The CONSULTANT shall update the Airport Layout Plan drawing to meet current FAA standards and to show the conditions at the conclusion of the project construction. 9) Under ARTICLE II., PART D - CHANGE OF SCOPE. Revise the last sentence by adding the following to the end of the sentence: ", with the approval of MHTD." 10) Under ARTICLE III. Add the following sentences at the end of Article III. and also add "Attachment 4", which is attached hereto and which is referred to in the following sentences: The CONSULTANT also agrees to comply with the requirements contained in the document titled "(7) DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS:" which is attached hereto as "Attachment 4". The goals for the amount of work to be awarded to DBE firms for each project shall be specified in the Project Agreement for each project. TPT:C:\WP51\DOC\PROIECTS\CAPE\CONTRACT.ADl PAGE 3 1/31/95 IN WITNESS WHEREOF, the parties hereto affixed their signatures this �f�/a day of , 19�5' . SPONSOR CITY OF CAPE GIRARDEAU,MISSOURI � � ATTEST: � -,��'� CONSULTANT Crawford, Murphy & Tilly, Inc. <_�l.�y�i�GG1� 'f'= ��1�� ATTEST: � _ �� . � •' �r.-t,-t TPT:C:\WP51\DOC�PROJECTS\CAPE\COIVTRACT.ADI PAGE 4 1/31/95 F`�cieral �viation Administ�ation - �entral Region STAI�tDARDS FOR �ONSTRUCTION aBSERVA'T��N SERVIL 9 M'inimum Quslificariona for Personnel, Equipme.rn. and gaci(ities to be provided tnr the Cansuiting Engiae-„ring F'�nn responsible for Construction Obaervatian 3crric�s,c ��zify that the canstruarcn is ia genual accordance with the approved pIsaa aad speanea:zon�. . I �nne ' T�e Consuitia�Engin=.riaS Firta(Enginas}sha21 provide Co�Obse:vatina Savias for tbe F�lect drsasibad ia the basic penloa of this documeat The Fngiaa�r will be required to fluaish mat�iato P��P��W��r'e4uire�ta�aad submit the re�orta dAaczibed �ecda The pntposa aP tllese sesvice�is aa veriiy tfsat t�so projea is boias concauctad ia xmpliaaca wjxh tl�apQrwre�p]aus and apoei�c�ion�. �, II_Z.abaratorv Buildiag. Eauinment and Caettact Docnments A. Zha Eagiaeer st�aat!ar�at�re that a l�tciiiry sui tabfe�r use as a fie3d of�Ce ats�Jaboratary is P�� •i�ths ceamnc�ian caQora�t daarmeats.. B. Tha Engn��r�tall ai�re thu equipmeat:equii+od fcr snrveyiag„matci�l ta�a�,and projax a�apc•tiaa i�prcvided Sotiia the�n�cdan x:ttt�ct spoci�c�ttoas. G The Eagzaaer sha1l es�uct t�at ap�ev�od platta andtoc speci8cationi sre availeble to asne�t�erition oi�cwtioa aad tatiaa lsbeca�y'Pa�aea�i emplayed b}'tha Eag�r ar wdcidn8 under c�tt�ci with ibs Ba�ittea. i � III �ie�En�iaeer i A 'Ihe Projea Engia�r i�all be a Psaf'a�sional Engineer,li�cnod ra the state wbene c�astnutiea takn plsca(oz a mdprocsi s�te�,aud shatl have weialJ tramnsibiliry fi�r�ea�an a�the ,pra}ect aad camLrsn w thaiotivnrr tba�t tt�consbruatioe i�ia acaardaaca wit�t�a apgrored plaas aad speei$cstioas, The mginmer sbalt be oa tha ptaject site at the begiamag ef e��itiatl a�eratioas aad si�sil snpetvise alt addittot�l eonstivctiai ebservauon personne[(Critical apeariaac shall b�sQeciScally deMed fn the Coa�ru�ait�av�tiai Prog��u COP.} T!u eagi:tett�ktail h�►v�tuthotiry to malm Q�ioos ra,sardia;the p�je�.�ubjact to approva!of ttia�/ewne aad t2�e FA.+1. Officia[P�1� do�ma�ts(i.a d�a8=os�s�it�tion r�orts.etc)shall alwsys be ei8�ed bp t�e Ptq}ect BaSi�et Deaiments timll alao be�try tha apQmQriate aoa�xs�rioa absr�va dthr Prejat 3ngiaeet}i net aa sibo to obsesve apatatlont I tlnics�othe�rise a�pcavtd by ihc F+4.1,tha Ptojat Eagiacor strall rnaet tfia �tTllawiag a�simum mqui�io�tt� EatthererY• 3 y�e3�s e�erim�e in rartt�work cai�suvctian. Base and 5ubbase-3 yeats expericaca in base arid 9nbbase cansttuctiea Ca�ren az Asphelt-5 Years ez�erie�ce in airpo:t or hig�wsv pavemmt camavcsion. �. Duting caa:uuctian operstioas w�ich tequire observation or testirtg�either the Projaa Eagiaoar or a �Qalifiod w�anction ebucver sha116a oa the pzvject aix. Qnaii$wrlcn�for constnutian obsarvstioa �auat art oudined ia the approgiiate se�tiona. vpau.�e d.e�+,i�+ 1 ATTACF�VVIENT 3 YV TestinQ Laboratorv A. Tha laboratory fiamatting t�ting suvioc�for the project shal]be tcstod�r prr�icira�y bsr aa aa�eptable acarcditaticn program. Acreptanca af lxboramry acct�oditatian Frogratn��t came f�sn tbe FM. [N�i'E:If a teating Iaboratary can show evidenca that it hns appiiod for aad gaid nea�ary fees tp a aocsptahle laboiatory accredimtion¢rngrnisL sue�avidence znay eatiafY tbis loqui�aeas.� Tbe labosatory shall oNy be nquired m hive acrrecitation for t�required in tf�projacs. H. Tacing�ans o�ming in the f eld sttc��s deasiry t�stistg,materinl aamplia�or spocimen • g�tioa may be psriosmed try aocczditeci laharawry�trxnnrl ar othcr qnallfied pcsocmel. Tbe mlaimum qualdicatiom f�Feid Testing Pezsoaae! �e audinod undaPaK VIL Far arrta irot oovotnd undcr Part VII.fi�d tc�ing persocwe�shall have as a minimwn.ane year of ex�erimx�rich die appavpcime mat�ial aad wiauvction methods. V Constrn�tion Obsenration PrneTam A. At kaat a�af 10 daya prior m tha pre-caamndiaa meaing the En�i�teet shsli sub�mit a Ccnstinu7iam Observarioa Prog�am fCOP�to tke FAA fat appmvei. (NOTE:Aa agprc�rod COP wlll be mqafred priar ta FAA ant�arizatioa to icsae Nedce To P�+oc�eod.] The Cca�uaioa Obte�vati�a prag�a�u d�all detail ttu m�aad pro�durzs to be used by the Eagiaeer Lo c�ngly wit�i qu�Iiry as�arattaa Qrovitioos af the caamnaica waa�cx.ittcludiag,but ttot limitad to.81!qttatity as�uaisca p�vitiotu aad �r��YY�P�3eG 5�oaticariaas.Tho psagram shall inciude t�e following iteaas as a naaimtuo; 1. Ns�na ef the persoa tq�re�eating tbe spon.�'who!�s averall ces�oarbility for(casstructioaj conaaa�stration f�s tbe gcnje�attd thE euthosiry te talc�nea�uary act'.aas to camply witli tt�e c�nt:act. Z Na�es af�g l�bo�atcria and a�csxa of ac�sditaticq indica�n8 P��Y�� 3. Namea of othcr cagincaing firms with quality a�ttaac�rrsoo�bilitid for the projat iucIndisg s descsigiioa of tise srzvieos m be pcavidat by�uh firm. 4. List quaii�ations iar the Pmjeci Eugia�rr.site iaspector�.la�atatory'Pe�emsd.atsd t�3 P�• 5. Lisiiag af aIl�roqaixsd by the(constcvcsioaj cv�nct sgsci$atio4 i�cludiag che type aad $nquenry ef tests ee ba�icta,the meshod ai sa�pling tha agptictble test stgttidard,and thc aooe�tauoe�taetia or celeranees pamiRed.fw ea�h type of test 6. Prooedc:os jbr c�tmiug tha� (a) tests arr takea ia aa�rdanoe with tlie approve�canstioctioa obaervstioa psQgraat; (b1 tss�at'e docsuaented D��Y: (c) oocxective acsione/retesang it tsic�n for 2aiied tGSL� (c} mix designs aua Fraject sganauimss and En�nea�s appinval ia Dropaty docv�d� (d) 4ualiiy utd qnautity af ntaterials mtet prnjoci tequirements; (a) iePans aae t:ancmitced to proper psatir.s. v�a.dm D.�t�..�.i� 2 ATTACf�VIVIENT 3 YI Surw�vin� A. 'Yl�e sucveyinq iaciudzd in this panion af the enQineering agr rmeat is for caascr,sctian at the pro�oe� All Sield notes and data collccud duiing design wiil be availshie cn the:�raject Engineer Raardle�s otwrhp dr�gns tho p:n�az. The snrvey party shall eans�st ai a party chief and a qu�liSs3 suivry:rcv, If P�Y�Yu►S is rsqt�ire4 s�ee garty chief shsll'x a rtgiste�d innd aurvayvr. B. Unle�actL:rwise epec:fud in the cAausc:documasrs,the Coniractor shaii be�ponaihie for sll , c�ossmvctinn stal�dng. The Sponsor's survry paso.cwrl sf�alt nat 6e emPlcyed bY rhe Canaac�rr. The 5pcaso�s surver parry shatl establish initial varti�l and honzontal canuo!poifus.at�e spot cl�ka oa ali�em.VerifY Pccper cvss socuoas oP the rornplcttd pavemcnt laYcs(subSiade.suobase,haie oau�e aod�xsa�caurse)and veiity fina!aess sec.inns ror camputing fiaal p�quantitin. Ia the aveac thst tlu 5Qonsar is also r�apaasible for cons-tn�crion stekin�the survry pacty shall be respomibin fcr hosi�ataL lxyart and ve�mcal cflmrai�grade staiciag.vrrii�+ing the final grades oi the eomFl�s�rnb�ado.subba�4 baaa cours� aad sucia,�caurse layers and vcaifying finsl croa�sxtioa�far camP�B�P$Y� YII �onstruedon Observation and Material Testing A. Sabg.�adG Subbas�and Basa CaUI'9e CoaSL�Uciina Pe:s0�e1. 1. Fitld Caastrnc�,ian t�bsaver: The En�semr shall provid�at least otu on sir��n�vetioa obswer qer shitt with a miaiauim oi 2 yesrs axperiea�in esrhwozic.aad a�sgue subixeet be�a oowee attutmc.�oa.A faur year caitega degsne ia enginecia6 ar a oertitfcace�cam�l�dan 4om aa a�srable�raining course may be subctituted far up to ane year a��cgaieace{rqnires agprav�a by cha FAA). Yf additienai ass;sts.Ac coastructioa m�s an�sauired tt:ay s�alt tiave a wo�ag knawiedge of r.suthwork a�d subbasor�ase casxse conaernctiaa pcea�u�. 2. Field Trsti.ng P'�samncl: L'aless o�..-rsvi ee�uired ia ths coAsuucriaa spedSratione,fid�d �n8?e��lta1F hava a rninim�st of ont year ezperieace ia fidd teadag cd subg�de, �ma base caurxs. Iu t9eu of worldng exporieace,a�ne af co�apl:.tian fram aa Accxptable traiuing cmuse msy ba a�rgt�, (requires�nval by the FAAo) 3. L�boratory Psrsonnd: The supezvisnr(s)of tl�e maia trsting laboruary and Y9eid Isboratory s2tall bave as a r�iaimum;two Yeara of lMo+'empiaYment with the e�dal gcvjeu tesaag labma#o�or a�tmr testiag�aboescorits with spQsnvcd sasedita�oa I'he apesvisor is niti�tety respastsible far the testmg activiry.but need not bc prescn!for ficid samQlia�or Add t�tg. B. Bituminavs Paving t7baervation Pezsunnei. 1. Field utd Pl�tt Taspectezs: The Engine�sball htrnistt a snfficicat nnmhc af oban:vets to adeqnatdy�bxrn plant aad tidd Iaydowa oQc:aticuss. A:ai�m ad aae on�m absecver per shiti eha�l hax ai ke�st fhe years of e�a�ln t2tc ueM of lrituminau p�c�t A�ar;�ear c�oilega degtae in enginenring or a certiScate af camplatian$acn aa acx�teble ttaiaiag caursc rosy be subsri�ttrd for up ta one yeas of expaienas(troqtuset appa�rval by tl� FAA). Additioasl assistant obaervers shall have a workiag k�sowlodge ad the ag�ciate canstsuctian ps+oadures. This inciud�es observers iar paacvstian af biaimiam�a sael coats affi surfgoe ao�ea. Z. �eld Testing Ptrsonne2: Unlcss orhenvisz iequired in the acastructiast spe�flcsttams,Seld mcisig perscmad shall havo a minimum of ane y�r acpcienca in tidd testing emd samplin�a� tununinous coac.�+em. In litu of waricing e�erienoe.a certiticax af aompleun�from aa a�hla caiaia�g�urse may be acr�tcd. (rcquin-s apprcval by the F,�A.) 3. Labo�tory Personnol: The supervisos{s)af the msin laboratarp 81td fkld 18boratacy sball have a minimum a!two ye�s ot supe:ri9aiy employm=at with this labo+aterY ar ather Upaoe naom+ber 1.19s4 3 ATTACHIVIENT 3 taboramcic�vich agproved acc:odindan. Additionallsboretory personnei s�il uave a warkiag kaawlt4ge af bitiuninoua mixtut�tptiYlg. Thc supervi.ser is altituately ss�tsible far tlse testiag mctivity.but aoed not be presesu fnr fidd sAmpling ar field testin� C. Conee�-Psving and 5trucnuai Concre:e Oluervncion Persosu:ek :. FieLd Oi�.scrvcrs: 'I�e Enginxr shall furnish a s�u'Scieat munber af obaervveu to adait�uiy ob�ave pluu end Field plac�►cnt aparatlans. A rninimum of one on sise obse:vrr per shii!�hall . have az lessc s ywra axpedenca ia cancrcte pavemant ccnamsc�an. A faur y+�r oolla�e degen ia . cngineering or a eati�cate af mm�lc:tion f�o�a aa aa�ttable Uaiaiag cauras may be�ro�Od Par up m oa yair of exp�ieaoo(roquires epproval by the FAA), T�ta obutver slfall be an sita during thc piac�ing.iaitial sawing aud iaitial aiciag opeistian�. Additional as�ant o�mvaa ehaU haw a workiag Yaawledge a�ea�eraen paving praead�uss. Z Fieid'tGsdng:�rrsannei:Unlsss aiherni se reqaired ia t6a ca�s0�ciiaa eper.Scatfoaa.fldd tssting pecaonnel shall have a ntiaimum of one year expesieaoe ut fiela tatiag aad sactplias a� pertiaad oemenc conc�e. In liau a2 woridng experienc�e.a oet�fiwae of cample•+..an f:vm an a�cepublo uai�ng co�rse may be acoapted. (re4►urrs apProvwl b7►tbta FAA.) 3. Testing Libasato:y Persanne�: °R�e su�esvtsor of itte msin labocatoty aad�eld laboranorp shall ha�ve n minianan af two yea�s af empleyment with this laborsooey ca otDer labotatctiet that hava approved axrxiitattna. �dditim�ai labara�p pe:soiaeel shs�l hew a wocicng kaowledg+e af caaaet�tcsting. 'I�x angavisor is nItiiaat-Jy rt�onsible&�r the te�sg�ctivicy�huut nood not be preaeat fot�dd suugiiag or field tosting. D. Maa�c:ntod:tifateriala Fer m�n�factu�d itea�s sucft u�t,es�IL sted,uate.�c..the FnrJect Enginner ma9 a�aefn ths vvada�e�tlncstlan tt�at ttte materiais tnoat tlta apedticaticm ar ha amy reqnita tfio mataial tn be trs�ci far campli�in�aoaciScadoaa. Eo Re�mt of Toec Aasnits 0o the Cnau�ct�; Tf�e Cantza�.m at�eil be vcrbally notiSe3 af the test ruitltt immadiardy aP�et the tata have�a oo�apiated. The ittfb�stioa shall indude thc retuits af the tests and say puya►etit dedttctioaII due to �adard c�ucuoa mata'i�13. In IIo c�ee aheil the CoatraatoT be va�lly nocflrd lader t2�an 4 wacida.g�ouu�ter the t�t ceantts have beea compiemd. Additianal vYritirn nodficatioa shall be proviaea m the Cantiai.�tor withia'days a8er ttu t�ts have baa coatple�ed. F. Rs�in� T'ha ttt�sig laba:atory shnll pravida wriuea notiScatioa to tho Spoar�r aad dfe Ca�ntra�tor af�dditimo! oah incsat�d fmtn rexs�og of fiiled�Reriala arnd additional qualiiy a�n�t�ts. G. Repnnx l. Woakly Rtpom: Tests repaxts iacludiag rypn cf xsu taJcm.aFPli�hle standa�da.loeation ad te.tes.tass c�esults(highligl�ting those taat whidt faii spcc�catian ioqniramanaj.P�vidotu fbt fiilcd tests,aad spec�tioa reqnireneats s�all bt ra�osded and Sled in n ti�ady aud atdaly asanaer aad chell be mede availalsta ior raview hy the gAR�pOa ieqaac. Z. Final Repor� At ttts e�d af tlte jab tha Projoc�Engi�tax ahali subm3t�&�1 test aad qoslity oufltcd repott documestttag the�ssults ot ail oeais per�ormnd. Tt►o�a tats that failad ar dld ttat meec the eppiicabla tesc atandard ahall be higtilightod aad coneuivs actiea!ramtiag ncced. Z7se repert stsail incfude tha pay roduesions appliod and jus�ificattonlbr�ng any aut�f�oiosaaoe mate:ials, tl�rta!D�o�rrn6.P 1.14l4 � ATTACHMENT 3 � PROJECT AGREEMENT NUMBER 2 THIS PROJECT AGREEMENT NUMBER 2 which amends the Professional Services Contract dated December 21. 1993 made and entered into this �� day of r�'� , 19 �y� by and between the CITY OF CAPE GIRARDEAU, MISSOURI, whose address is 401 fndependence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its City Council, hereinafter referred to as "SPONSOR" and CRAWFORD, MURPHY & TILLY, INC. Consulting Engineers, whose address is 133 South 11 th Street, Suite 500, St. Louis, Missouri, 63102, hereinafter referred to as "CONSULTANT". WHEREAS, the Sponsor requires professional services of the Consultant to provide necessary engineering and related services for construction of Fire Protection Water Main and associated improvements. NOW, THEREFORE, in consideration of the covenants and agreement hereinafter set forth, it is agreed as follows: ARTICLE 1. SCOPE OF SERVICES 1.1 General. The Consultant, in consideration of the payment on the part of the Sponsor, agrees to perforrn the engineering services in accordance with Article II of the Professional Services Contract as modified by the remainder of this Article 1. This work shall consists only of Construction Phase Services. 1.2 Construction Phase Services. This phase of the project shall include the engineering services listed in Article II, Part C - Construction Phase Services of the Professional Services Contract. In addition, the Consultant shall provide personnel meeting the requirements outlined in the F.A.A. Central Region document titled "Minimum Qualifications for Personnel, Equipment, and Facilities to be Provided by the Consulting Engineering Firm Responsible for Construction Inspection Services" attached hereto as "Attachment A". This contract assumes the projects will take 3 months to construct and the construction shall be completed by December 31, 1994. The Consultant will provide a representative at al) times the Contractor is working or as required by the Sponsor. ATTACHMENT B provides for 556 hours of representation for this purpose. If this time is exceeded, due to the contractor working extra hours than as anticipated, and the delays are not caused by the Engineer, the Engineer shall be reimbursed for these services at a mutually acceptable fee negotiated at the time all pertinent circumstances are known. February 18, 1994 Page 1 of 2 ARTICLE 2. COMPENSATION 2.1 Compensation for services outlined in Article 1, Paragraph 1 .2 of this Project Agreement, shall be on a cost plus fixed fee basis with the fixed fee being 2 900 and the total amount not to exceed 27 900 without a modification to this Project Agreement. The . estimated costs for the Consultants' Services for this part of the work is shown as "Attachment B". For the work under this paragraph the Consultant shall submit monthly statements to the Sponsor for all payroll costs and all other expenses incurred on the project and shall include a pro-rata share of the fixed fee in proportion of the statement amount to the not to exceed amount. Upon final completion and acceptance of the project any remaining portion of the fixed fee shall be included on the final statement from the Consultant. 2.2 Payments shall be made to the Consultant by the Sponsor within sixty (60) days of receipt of proper billing. Invoices which are not paid within sixty (60) days of receipt of proper billing shall bear interest at the rate of 1-1/2% for each month or fraction thereof from the date sixty (60) days after receipt of proper billing to time of payment. IN WITNESS WHEREOF, the parties hereto affixed their signatures this f� day of �✓� , 19 9� SPONSOR CITY OF CAPE GIRARDEAU, MISSOURI acting through its City Council. r� / � -��. v ATTEST: -'�� _, , CONSULTANT Crawford, Murphy & Tilly, Inc. � ATTEST: Clifto R. Baxter, Pr sident � � � 1 G��..�-�. r,�l.�-- t/i� �:�s��%"e,�� February 18, 1994 Page 2 of 2 CAPE GIRARDEAU MUNICIPAL AIRPORT FIRE PROTECTION WATER MAIN 1. DIRECT SALARY COSTS . TITLE HOURS RATE/HOUR COST($) Principal of Firm 0 $44.20 $0.00 Sr. Project Engineer 0 34.10 0.00 Project Engineer 64 25.85 1,654.40 Engineer 0 16.96 0.00 Senior Eng.Tech. 0 18.82 0.00 Engineering Tech. 480 13.02 6,249.60 Typist/Clerk 12 8.50 102.00 Total Direct Salary Cost $8,006.00 2. Labor and General Administration Overhead Percentage of Direct Salary Costs at 144.43% $11,563.07 3. Out-of-Pocket Expenses a. Private Vehicle- 16 trips x 240 mi/trip @$0.30/ $1,152.00 b. Per Diem -48 days @$50/day 2,400.00 c. On site vehicle allowance -60 days x$12/day 720.00 d. Nuclear Density Guage- 12 wks x$100/wk 1,200.00 Total Out-of-Pocket Expenses $5,472.00 4. Subtotal of Items 1, 2, and 3 $25,041.07 5. Fixed Pavment $2,900.00 6. Subcontract Costs {Specify) Materials Acceptance Testing $0.00 Total Subcontract Costs $0.00 7. TOTAL COST (Items 4, 5, plus 6) $27,941.07 Therefore, use �27,900 for a cost plus fixed fee contract upper limit. ESTIMATED COST FOR CONSULTANTS' SERVICES (CONSTRUCTION PHASE) �,,.,.« ATTACHMENT B - PAGE 1 OF 1 ocaw CAPE GIRARDEAU MUNICIPAL AIRPORT FIRE PROTECTION WATER MAIN The foliowing is a breakdown of the hoWrs assigned to the major tasks for this project. CONSTRUCTION PHASE SERVICES 1. Preconstruction Meetinq - Includes engineer at meeting, preparation and distribution of minutes. Engineering - 8 hours 2. Shop Drawinq Review - Review and record keeping for all materials to be used in the work. Includes time for resubmittals. Engineering - 24 hours 3. Pay Estimates and Project Oversite Engineering - 8 hours/month = 24 hours Clerical - 12 hours 4. Summary of TestinQ Report and Final Inspection Engineering - 8 hours 5. Construction Inspection - Project is estimated to take 3 months. Full time inspection by technician for 60 days at 8 hours per day. Inspector - 60 days x 8 hours/day = 480 hours MINIMUM QUALIFICATIONS FOR PERSONNEL, EQUIPMENT, AND FACILITIES TO BE PROVIDED BY THE CONSULTING ENGINEERING FIRM RESPONSIBLE FOR CONSTRUCTION INSPECTION SERVICES TO ASSURE THAT THE CONSTRUCTION IS IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS. The Consultant shall provide personnel, equipment, facilities and Scope of Work in accordance with the Requirements outlined as follows: 1 Scope The Consulting Engineering Firm (Engineer) shall provide Construction Inspection Services for the project described in the basic portion of this document. The Engineer will be required to furnish material, provide qualified personnel and equipment; perform required tests; and submit the reports described herein. The purpose of these inspection services is to assure that the project is being constructed in compliance with the approved plans and specifications. II Laboratory Building, Equipment and Contract Documents A. The Engineer shall be responsible to insure that a facility suitable for use as a field office and laboratory is provided for in the contract specifications. B. The Engineer shall be responsible to ensure that equipment required for surveying, material testing, and project inspection is provided for in the contract specifications. C. The Engineer shall be responsible for ensuring that approved plans and/or specifications are available to inspection and testing laboratory personnel. III Project Engineer A. The Project Engineer shall be a Professional Engineer, licensed in the state where construction takes place (or a reciprocal state) and shall have overall responsibility for inspection of the project and provide assurance to the owner that the construction is in accordance with the approved plans and specifications. The engineer shall be on the project site at the beginning of any critical operations and shall supervise all additional inspection personnel. (Critical operations shall be specifically defined in the Construction Inspection Program.) The engineer shall have authority to make decisions regarding the project, subject to approval of the sponsor/owner and the FAA. Official project documents (i.e. change orders, inspection reports, etc.) shall always be signed by the Project Engineer. Documents shall also be signed by the appropriate inspector if the Project Engineer is not on site to observe operations. Unless otherwise approved by the FAA, the Project Engineer shal) meet the following minimum requirements: Earthwork - 3 years experience in earthwork construction. ' Base & Subbase - 3 years experience in base and subbase construction. ATTACHMENT A - PAGE 1 OF 5 Concrete or Asphalt - 5 years experience in airport or highway pavement construction. B. During construction operations which require inspection or testing, either the Project Engineer or a qualified inspector shall be on the project site. Qualifications for inspection personnel are outlined in the appropriate sections. IV Testing Laboratory A. The main laboratory furnishing testing services for the project shall be tested for proficiency by an acceptable accreditation program. Acceptance of laboratory accreditation programs must come from the FAA. (NOTE: If a testing laboratory can show evidence that it has applied for and paid necessary fees to an acceptable laboratory accreditation program, such evidence may satisfy this requirement.) The frequency of the on site inspections and proficiency testing required to retain accreditation shall be as required by the AASHTO Accreditation Program. The laboratory shall only be required to have accreditation for tests required in the project. _ B. Testing functions occurring in the field such as density testing, material sampling, or specimen preparation may be performed by accredited laboratory personnel or other qualified personnel. The minimum qualifications for Field Testing Personnel are outlined under Part VII. For areas not covered under Part VII, field testing personnel shall have as a minimum, one year of experience with the appropriate material and construction methods. V Construction Inspection Program ' A. At least a minimum of 10 days prior to the pre-construction meeting the Engineer shall submit a Construction Inspection Program (CIP) to the FAA for approval. (NOTE: An approved CIP will be required prior to FAA authorization to issue Notice To Proceed.) The Construction Inspection Program shall detail the measures and procedures to be used to comply with quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the project specifications. The program shall include the following items as a minimum: 1. Name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and a certificate of accreditation, indicating proficiency in specific test standards. 3. Names of other engineering firms with quality control responsibilities for the project including a description of the services to be provided by each firm. 4. List qualifications for the Project Engineer, site inspectors, laboratory personnel, and testing personnel. ATTACHMENT A - PAGE 2 OF 5 5. Listing of all tests required by the contract specification, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. 6. Procedures for ensuring that: (a) tests are taken in accordance with the approved construction inspection program; . (b) tests are documented properly; (c) corrective actions are taken for failed tests; (d) quality and quantity of materials meet project requirements; (e) reports are transmitted to proper parties. VI Surveying A. The surveying included in this portion of the engineering agreement is for the construction of the project. All field notes and data collected during design will be available to the Project Engineer regardless of who designs the project. The survey party shall consist of a party chief and a qualified survey crew. If property surveying is required, the party chief shall be a registered land surveyor. B. Unless otherwise specified in the contract documents, the Contractor shall be responsible for all construction staking. The Sponsor's survey personnel shall not be employed by the Contractor. The Sponsor's survey party shall establish initial vertical and horizontal control points, make spot checks on alignment, verify proper cross sections of the completed pavement layers (subgrade, subbase, base course and surface course) and verify final cross sections for computing final pay quantities. In the event that the Sponsor is also responsible for construction staking, the survey party shall be responsible for horizontal layout and vertical control, grade staking, verifying the final grades of the completed subgrade, subbase, base course, and surface course layers and verifying final cross sections for computing final pay quantities. VII Construction Inspection and Material Testing A. Subgrade, Subbase, and Base Course Construction Personnel. 1. Field Inspector: The Engineer shall provide at least one on site inspector per shift with a minimum of 2 years experience in earthwork, and aggregate subbase/base course construction. A four year college degree in engineering or a certificate of completion from an acceptable training course may be substituted for up to on�year of experience (requires approva) by the FAA). If additional assistant inspectors are required they shall have a working knowledge of earthwork and subbase/base course construction procedures. ATTACHMENT A - PAGE 3 OF 5 � 2. Field Testing Personnel: Field testing personnel shall have a minimum of one year experience in field testing of subgrade, subbase, and base courses. In lieu of working experience, a certificate of completion from an acceptable training course may be accepted. (requires approval by the FAA.) 3. Laboratory Personnel: The supervisor(s) of the main testing laboratory and field laboratory shall have as a minimum; two years of prior employment wZth the official project testing laboratory or other testing laboratories with approved accreditation. The supervisor is ultimately responsible for the testing activity, but need not be present for field sampling or field testing. B. Bituminous Paving Inspection Personnel. 1. Field and Plant Inspectors: The Engineer shall furnish a sufficient number of inspectors to adequately inspect plant and field laydown operations. A minimum of one on site inspector per shift shall have at least five years of experience in the field of bituminous pavement construction. A four year degree in engineering or a � certificate of completion from an acceptable training course may be substituted for up to one year experience (requires approval by the FAA). Additional assistant inspectors shall have a working knowledge of the appropriate construction procedures. This includes inspectors for construction of bituminous seal coats and surface courses. 2. Field Testing Personnel: Field testing personnel shall have a minimum of one year experience in field testing and sampling of bituminous concrete. In lieu of working experience, a certificate of completion from an acceptable training course may be accepted. (Training courses will require approval by the FAA.) 3. Laboratory Personnel: The supervisor(s) of the main laboratory and field laboratory shall have a minimum of two years of supervisory employment with this laboratory or other laboratories with approved accreditation. Additional laboratory personnel shall have a working knowledge of bituminous mixture testing. The supervisor is ultimately responsible for the testing activity, but need not be present for field sampling or field testing. C. Concrete Paving and Structural Concrete Inspection Personnel. 1. Field Inspectors: The Engineer shall furnish a sufficient number of inspectors to adequately inspect plant and field placement operations. A minimum of one on site inspector per shift shall have at least 5 years experience in concrete pavement construction. A four year college degree in engineering or a certificate of completion from an acceptable training course may be substituted for up to one year experience (requires approval by the FAA). The inspector shall be on site during the placing, sawing and initial curing operations. Additional assistant inspectors shall have a working knowledge of concrete paving procedures. ATTACHMENT A - PAGE 4 OF 5 2. Field Testing Personnel: Field testing personnel shall have a minimum of one year experience in field testing and sampling of portland cement concrete. In lieu of working experience, a certificate of completion from an acceptable training course may be accepted. (requires approva) by the FAA.) . 3. Laboratory Personnel: The supervisor of the main laboratory and field laboratory shall have a minimum of two years of employment with this laboratory or other laboratories that have approved accreditation. Additional laboratory personnel shall have �a working knowledge of concrete testing. The supervisor is ultimately responsible for the testing activity, but need not be present for field sampling or field testi ng. D. Manufactured Materials. For manufactured items such as cement, asphalt, steel, lime, etc., the Project Engineer may accept the vendor's certification that the materials meet the specifications or he may require the material to be tested for compliance to the specifications. E. Report of Test Results to the Contractor: The Contractor shall be verbally notified of the test results immediately after the tests have been completed. The information shall include the results of the tests and any payment deductions due to substandard construction materials. In no case shall the Contractor be verbally notified later than 4 hours after the test results have been completed. Additional written notification shall be provided to the Contractor within 7 days after the tests have been completed. F. Retesting: The testing laboratory shall provide written noti#ication to the Sponsor and the Contractor of additional costs incurred from retesting of failed materials, additional quality tests, and additional mix designs. G. Reports: 1. Weekly Reports: Tests reports includingtypes of tests taken, applicable standards, location of tests, test results (highlighting those tests which fail specification requirements), provisions for failed tests, and specification requirements shall be submitted to the FAA weekly. 2. Final Report: At the end of the job the Project Engineer shall submit a final test and quality control report documenting the results of all tests performed. Those tests that failed or did not meet the applicable test standard shall be highlighted and correct action noted. The report shall include the pay reductions applied and justification for accepting any out-of-tolerance materials. ATTACHMENT A - PAGE 5 OF 5 � � . _ , PROJECT AGREEMENT NUMBER 3 THIS PROJECT AGREEMENT NUMBER 3 which amends the Professional Services Contract dated December 21, 1993 made and entered into this _�� day of `�.u,n�2_ , 19�by and between the CITY OF CAPE GIR.ARDEAU, MISSOURI, whose address is 401 Independence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its Ciry Council, hereinafter refened to as "SPONSOR" and CRAWFORD, MURPHY & TILLY, INC. Consulting Engineers, whose address is 800 St. Louis Union Station, Suite 210, St. Louis, Missouri, 63103, hereinafter referred to as "CONSULTANT". WHEREAS, the Sponsor requires professional services of the Consultant to provide necessary engineering and related services for design and construction of the following project at the Cape Girardeau Regional Airport: Remarking of Runway 10/28 and Associated Taxiways Airport Maintenance Project No. A.I.R. 953-77A and WHEREAS, the Consultant has agreed to provide the professional services required which shall include architectural, civil, structural, mechanical, and electrical engineering services. NOW, THEREFORE, in consideration of the covenants and agreement hereinafter set forth, it is agreed as follows: ARTICLE 1. SCOPE OF SERVICES 1.1 General. The Consultant, in consideration of the payment on the part of the Sponsor, agrees to perform the engineering services in accordance with Article II of the Professional Services Contract as modified by the remainder of this Article l. DESCRIPTION OF PROJECT: This project consists of the remarking of Runway 10/28 and its associated taxiways. The limits of the project include all of Runway 10/28 which is 6,500 feet long by 150 feet wide, the parallel taxiways A and C and all connecting taxiways between Runway 10/28 and its parallel taxiways and between the parallel taxiways and the apron. The existing markings on Runway 10/28 have become faded and are in need of remarking. All remarking shall be done to current FAA standards in accordance with Advisory Circular No. 150/5340-1G, "Marking of Paved Areas on Airports". The Consultant is to prepare construction plans, contract documents, and technical specifications necessary for competitively bidding the work required for remarking of the runway. Page 1 of 4 TPT:C:\W P51\DOC\PROJECTS\CAPE\94405-01\PROJAGMT.3 5/19/95 The Consultant shall provide construction phase services during the construction of the project. The Consultant will not be required to have a representative on the site during construction of the improvements. The Sponsor's personnel will provide the daily on-site construction observation. The Consultant will provide a site representative only on an as needed basis as requested by the Sponsor and these site visits shall be considered "Additional Services" and shall be compensated in accordance with the provisions of Article 3 covering "Additional Services". The project is to be funded by a state-local grant administered by the Missouri Highway and Transportation Department, Aviation Section. The programmed budget for this project is $106.000.00 of which 80% or $84,800.00 of eligible costs is to be paid for by the state grant. The work will be completed in two phases as described in the following two Sections of this Article 1. No Project Development and Preapplication Services Phase is included in this project agreement. 1.2 Basic Desi�n Services Phase. This phase of the project shall include the engineering services listed in Article II, Part B -Basic Design Services of the Professional Services Contract. The specific tasks to be accomplished and the level of effort intended and estimated for each task for this phase are listed on Attachment "A" under the heading for Basic Design Services. 1.3 Construction Phase Services. This phase of the project shall include the engineering services listed in Article II, Part C - Construction Phase Services of the Professional Services Contract. The specific tasks to be accomplished and the level of effort intended and estimated for each task for this phase are listed on Attachment "A" under the heading for Construction Phase Services. ARTICLE 2. SCHEDULE The Consultant agrees to submit preliminary plans, specifications, contract documents, � and opinion of probable construction cost not more than 90 days after written Notice to Proceed. The Consultant agrees to have final plans, specifications, and contract documents ready for advertising for construction bids not more than 30 days after written written review comments on the preliminary plans, specifications, and contract documents are received from the Sponsor and the Missouri Highway and Transportation Department, Aviation Section. Page 2 of 4 TPT:C:\WP51\DOC\PROJECTS\CAPE\94405-01\PROJAGMT3 5/19I95 ARTICLE 3. COMPENSATION 3.1 Compensation for services outlined in Article 1, Paragraph 1.2 of this Project Agreement, Basic Design Phase Services, shall be on a cost plus fixed fee basis with the fixed fee being 1 200 and the total amount not to exceed 9 200 without a modification to this Project Agreement. The estimated costs for the Consultants' Services for this part of the work is shown as "Attachment B". For the work under this paragraph the Consultant shall submit monthly statements to the Sponsor for all payroll costs and all other expenses incuned on the project and shall include a pro-rata share of the fixed fee in proportion of the statement amount to the not to exceed amount. Upon the receipt of construction bids for the project any remaining portion of the fixed fee for this phase of the project shall be included on the next statement from the Consultant. If a decision is made not to advertise the projects for bids, for whatever reason, any remaining portion of the fixed fee for this phase of the project shall be included on the next statement from the Consultant. 3.2 Compensation for services outlined in Article 1, Paragraph 1.3 of this Project Agreement, Construction Phase Services, shall be on a cost plus fixed fee basis with the fixed fee being 360 and the total amount not to exceed 2 800 without a modification to this Project Agreement. The estimated costs for the Consultants' Services for this part of the work is shown as "Attachment C". For the work under this paragraph the Consultant shall submit monthly statements to the Sponsor for all payroll costs and all other expenses incurred on the project and shall include a pro-rata share of the fixed fee in proportion of the statement amount to the not to exceed amount. Upon final completion and acceptance of the project any remaining portion of the fixed fee shall be included on the final statement from the Consultant. 3.3 Compensation for "Additional Services" requested by the Sponsor shall be paid for on the basis of the Consultant's cost of performing the additional services plus a fee of 15% of the Consultant's cost of performing the additional services. 3.4 Payments shall be made to the Consultant by the Sponsor within sixty (60) days of receipt of proper billing. Invoices which are not paid within sixry (60) days of receipt of proper . billing shall bear interest at the rate af 1-1/2% for each month or fraction thereof from the date sixty (60) days after receipt of proper billing to time of payment. Page 3 of 4 TPT:C:\W P51\DOC\PROJECTS\CAPE\94405-01\PROIAGMT 3 5/19/95 IN WITNESS WHEREOF, the parties hereto affixed their signatures this 9� day of �.r.c,hz. , 19�-��`''. SPONSOR - CITY OF CAPE GIRARDEAU, MISSOURI � "'-�� -•-> � acting through its Ciry Council. ..'.....,... , ��,.j i:;"�^; ; , (; �,;� !' �' � .�;, ,�. ' . � �-,'- ��' ATTEST: CONSULTANT Crawford, Murphy & Tilly, Inc. � � L� '�!�'K�V � ATTEST: � � Page 4 of 4 TPT:C:\WP51\DOC\PROJECTS\CAPE\94405-01\PROJAGMT.3 5/19/95 LIST OF TASKS FOR THE MAN-HOUR/COST BREAKDOWN AIRPORT MAINTENANCE PROJECT NO. A.I.R. 953-77A AIRPORT NAME: CAPE GIRARDEAU MUNICIPAL AIRPORT PROJECT NAME: REMARKING RUNWAY 10/28 AND ASSOCIATED TAXIWAYS The following is a list of tasks to define the scope of services and level of effort to be used to complete the project. This list of tasks is to be used with the attached sheets that show the summary of estimated man-hours and costs. BASIC DESIGN SERVICES TASK NO. DESCRIPTION 1 Project kick-off and coordination. This task includes coordination with the Airport Manager and City Engineer on the scope of work. Assume 1 letter must be written to confirm coordination. (3 hrs for project engineer, 1 hour for typist) It also includes time for the project engineer to develop a project information sheet that includes all project information such as job number, grant number, project titles to use on plan sheets and specifications. (2 hrs. for project engineer, 1 hrs. for typist) A kick-off ineeting will also be held between the office manager, project engineer, and project technician to discuss project information, standards, schedules, and budgets for the project. (1 hr. for senior project engineer, 1 hr. for project engineer, 1 hour for engineering technician) 2 Site visit and survey. Assume one long day for the project engineer and an engineering technician to travel to the site, meet with airport manager, survey locations and dimensions of existing runway and taxiway pavement markings, and inspect conditions of the existing pavement markings. Assume 12 hrs. for project engineer and 12 hours for engineering technician. Direct costs: Mileage = 1 round trip to site = 250 miles X $0.30/mile = $75 Meals = 2 people X $5/meal X 2 meals = $20 3 Reducing field survey notes and entering them into AutoCad. Assume 6 hours by engineering technician to reduce and enter survey information in AutoCad and plot out information. Assume 2 hours by project engineer to check survey note reduction and check plot of survey information. 4 Assume 8 hours by project engineer to verify runway marking criteria and to layout the proposed runway marking plan. ATTACHMENT A - PAGE 1 OF 8 TPT:C:\WP51\DOC\PROJECTS\CAPE\94405-01\TASKS.1 PAGE 1 5/19/95 BASIC DESIGN SERVICES (cont.) TASK NO. DESCRIPTION 5 Assume 5 hours for engineering technician to prepare and plot a cover sheet for the plans on AutoCad. Assume 1 hour for project engineer to review and mark up cover sheet. 6 Assume 8 hours for engineering technician to draft and plot a plan sheet that shows the pavement marking plan view. Assume 1 hour for project engineer to check this sheet. 7 Assume 4 hours for project engineer to develop and 8 hours for engineering technician tb draft and plot a plan sheet that shows pavement marking details, phasing requirements, and summary of quantities. 8 Assume 8 hours by project engineer to research and analyze painting requirements including surface preparation (sandblasting vs. power brushing) and prepare techn.ical specifications for these items. 9 Assume 8 hours by project engineer to prepare the "front end" contract documents, proposal and general conditions. This includes coordinating with the City on bid opening time and place and insurance requirements, etc. Assume 6 hours by typist to type the contract documents and technical specifications. 10 Assume 3 hours by project engineer, 3 hours by engineering technician and 1 hour by typist to calculate quantities, obtain unit prices, and prepare and type an opinion of probable construction cost. 11 The Ciry will request and obtain prevailing wage rates. Assume 1 hour by typist to incorporate them in the contract documents. 12 Assume 2 hours by engineering technician, 2 hours by clerical, and 2 hours by project engineer to plot out plans and specs, review and seal the plans and specs, have copies made and transmit them to the City and MHTD for review. Direct Costs: Print 6 sets of plans and specifications (2 for City, 2 for MHTD, 2 for CMT) Plans = 3 sheets X 6 sets X $0.50/sheet = $9 Specifications = 200 pages X 6 sets X $0.10/page = $120 13 Assume 3 hours by project engineer and 3 hours by engineering technician to respond to review questions and comments by MHTD and City and to make changes to the plans and specifications. ATTACHMENT A - PAGE 2 OF 8 TPT:C:\WP51\DOC\PROJECTS\CAPE\94405-01\TASKS.1 PAGE 2 5/19/95 BASIC DESIGN SERVICES (cont.) TASK NO. DESCRIPTION 14 Assume 2 hours by engineering technician, 2 hours by clerical, and 2 hours by project engineer to plot out final plans and specs, review the final plans and specs, have copies made and transmit them to the City and MHTD. Direct Costs: Print 6 sets of plans and specifications (2 for City, 2 for MHTD, 2 for CMT) Plans = 3 sheets X 6 sets X $0.50/sheet = $9 Specifications = 200 pages X 6 sets X $0.10/page = $120 15 Advertising and bidding process. Assume 2 hours by project engineer and 3 hours by clerical to send out "Notice to Contractors" and to set up record keeping for plan-holders information. Assume 6 hours by project engineer during bidding process to answer questions, prepare addendums if necessary. Assume 6 hours for clerical during bidding process to take orders for plans and ship them, type addendum if necessary, and answering questions. Cost of printing and shipping the plans and contract documents to contractors will be covered by a non-refundable fee for each set of plans. Direct Costs: Assume 4 sets of plans and specs have to be sent out to plan rooms at no charge. Print 4 sets of plans and specifications: Plans = 3 sheets X 4 sets X $O.SOlsheet = $6 Specifications = 200 pages X 4 sets X $0.10/page = $80 NOTE: The City of Cape Girardeau will be responsible for paying for placing the advertisement for bids in the local newspaper. A pre-bid meeting will not be held. The City of Cape Girardeau will conduct the bid opening and a representative of CMT will not be required to attend. , 16 Reviewing the bids submitted and preparation of a bid tabulation. Checking the qualifications and experience of the low bidders and submitting a letter of recommendation of award. Also preparing contract documents for signature. Assume 4 hours for project engineer and 3 hours for clerical. 17 Project Management and Misc. Coordination with Cape Girardeau and MHTD. Assume 2 hrs. by senior project engineer and 4 hours by project engineer. 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I ! i ��Q Z = oZ1 w ,y� ��, p ZI I � � � �� ' � � � �I I �' W � Y �I g W I I �LLII �, W Q �� W. x Z = az � � ,�, I � I i � ; 'c71LL � � z ¢ " � � CL C7 Q � i�i �i I ; � i o � LL � � � z I=' W z � I O I Q i I � I� � ol o a z c��, � � Z j �c Z J ❑i � a . � , ' L11 �' � ¢ w Z Q�, G W � ai i ��Z �.i �, I j ; ! i I �� a a a � W� <� w �I w W w ¢I � � I I I I I I I 2 G U 2 Q W N Q W � Zw � 2� � � � I ' I I I I i i I I i a Z o o ' o o; z o Z o Z ¢i 1I I ; I I I � I z z O i z; c� Z Q z cv WI E"' N ti I � a vu'i w a vi v�i W J i v� w cJij o � O �I I Y I� .I I .I .I . � � �� ' ' i I I� � 3 Z Z J �i I Q I�i N t'7 Y �[) t0 1� Wi A O .- N t7 7��q tOI nI Q1 �I fVl Ni Ni tV N N I Z F" � � a H I w� I � .I� i I I � ^I^I,� , � � I � O UUtqtq � i � I I ; I ATTACHMENT A - PAGE 4 OF 8 TPT:C:\WP51\DOC\PROJECTS\CAPE\94405-01\TASKS.1 PAGE 4 5/19/95 CONSTRUCTION PHASE SERVICES General Description of Services: The construction phase will be handled by a combination of personnel from the City of Cape Girardeau and CMT. CMT will perform the following items: • Prepare a construction inspection program document. • Review shop drawings. • Answer technical questions and all questions regarding interpretation of the intent or requirements of the plans and specifications. • Attend a final inspection. • Provide the City with one set of reproducible record drawings. The City of Cape Girardeau will perform the following items: • Instruct the contractor's personnel in the required procedures for gaining clearance and access to the airfield. The City will also coordinate access to the airf'ield with the contractor when he is working at the airport. • The City of Cape Girardeau will provide the daily on-site construction observation for the construction to determine whether the construction is being performed in compliance with the plans and specifications. This �Nill include checking to verify that the paint being used is in accordance with approved shop drawings, checking the application rate of paint by keeping track of the area painted and counting the number of gallons of paint used, and checking that the painting is be placed at the proper location. • The Ciry personnel will provide daily observation of the work and inform CMT of progress on the project. The City personnel will request that CMT representatives make a site visit if there are items or questions of a technical nature or that Ciry personnel do not feel qualified to answer. All such site visits shall be considered "additional services" and CMT shall be compensated for those additional services in accordance with the provisions of Article 3 of this Project Agreement. • Prepare any change orders requir�d. • Review the monthly progress payment estimates of the work completed by the contractor. � • Check prevailing wage rates and perform a wage rate interview at least once every 3 weeks. The tasks and estimated man-hours are listed on the following two pages. ATTACHMENT A - PAGE 5 OF 8 TPT:C:\WP51\DOC\PROJECTS\CAPE194405-01\TASKS.1 PAGE 5 5/19I95 CONSTRUCTION PHASE SERVICES (cont.l TASK NO. DESCRIPTION 1 Preparation of a Construction Inspection Program document. Assume 3 hours for project engineer and 1 hour for typist. 2 Preconstruction conference. No preconstruction conference is required. 3 Prepare daily inspection report forms and discuss and coordinate the daily construction observation requirements with City of Cape Girardeau personnel. Assume 4 hours for project engineer and 1 hour for typist. 4 Shop drawing review. Shop drawings to be reviewed include paint and glass beads. Assume 4 hours for project engineer and 1 hour for typist. 5 Answering questions during the construction phase and coordination with the City and contractor. Assume 6 hours for project engineer. 6 Site visits as requested by City during the construction phase. Assume 0 site visits by the project engineer. All site visits requested by the City during the construction phase, except for the final inspection, shall be considered "Additional Services". 7 Prepare change orders. Assume that any change orders will be prepared by City personnel. � 8 Review and approve pay requests. Assume that all measurement and calculation of payment quantities and review and approval of pay requests will be done by City personnel. 9 Attend final inspection and prepare punch list. Assume 9 hours for project engineer and 1 hour for rypist. Direct Costs: 1 trip x 250 miles x $0.30/mile = $75 1 meals x $5/meal = $5 ATTACI3MENT A - PAGE 6 OF 8 TPT:C:\WP51\DOC\PROIECTS\CAPE\94405-0IITASKS.1 PAGE 6 5/19/95 CONSTRUCTION PHASE SERVICES (cont.) TASK NO. DESCRIPTION 10 Inspection to re-check punch list items. Assume that this will be done by City personnel. 11 Provide record drawings. 1 hour for project engineer, 3 hours for engineering technician, 1 hour for typist. 12 Project closeout. Provide summary of inspection/testing and submit final grant paper work and documentation. Assume that this will be done by City personnel. 13 Project management. Miscellaneous phone calls and coordination with the City and MHTD during the project. Assume 4 hours for project engineer. ATTACHIVIENT A - PAGE 7 OF 8 TPT:C:\WP51\DOC\PROJECTS\CAPE\94405-01\TASKS.1 PAGE 7 S/19/95 I J � o � � � o 0 0 0 � o a o 0 0 0 0 0 0 0 0 0 0 o M o 0 0 � � o � � � o 0 o a o ry o 0 0 0 0 0 0 0 0 0 0 0 0 0 � m � � � � o � m n d p o n o � o e o ^ o 0 o tl o c o � o o � m ., � �n .. .. e .. Nn .i, o .+ .. Q I � � r a Of T � I I d N Q C U � I a+ � I � I F-I v o �n �nl�c o 0 oi oi o �I o a o 0 0 0 0 0 0 0l oi o 0 oii� W I �m' m� � Q: i � ;I a: � N � � O��W i �' S ��I I i i I I LLJ � �� Q i � H � i ' f .__L� � � : �_ Z p1 p�^;p�•-I p I I i�n .�W (7 I , II w a I^ I ! I I I i .Q I O' ! I I � '� Z U i I u�i I °a � w j � ' z � � � a � , i I I � ; I � s N I � W ; � z � j� ' "' I ' " �� ¢ i � W i I WI ¢ W `-' . I � a Z w ~ � I I o i = I� � j L � Z rl a =a� � Q � W .�. 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O Oi O V yi OI �O I Ci O O y �i O W N I ��W S II � I � bl a m i`�� a'I .' �� u'Z p� = �+ c � ' i I � ili p l � I i O � Q p �� a a I � i � i � ;i tt�� I i : I I� � ' F- f n � � �'ZI i i � i i ' � !lo �� i i n� n u n� u a� nl a a n e n Q (� (7 F- �3yi' � c W �'� I � ' � � � '� �> >I 91 5 9 9 �' �� I � 9 9 9 "'� � � a � ']i I.Z � I I � I I I I I LL G t L L L�L: L� t! L I Li L LI � � O R� t4 W ': I m m N N m! 91 0i 0i Ol �N m 01 fq CL a 1" E'''' ' I � I I Q n n n n a: n- n� ai a� n� a � � W aC) 00 � i I � 1 1� I I 1 w q I � �a a �o 0 0l01� oi�i o a � wi � co ro mi n�� oi .r o a � � W i ' W �I I I i I I I �':� Q N I � OI tV n. t�f I t0 j .-' <O I c7 t0 O m E-� W I I � � I j Vl� co i �- v <c c�o i �o� ai� a I � a Q � 2- � � I � I � � I : �� yj ao t7 N �VI cVl �n� e' J ~1� ; ¢O W I� � I ! .. I '� I � I, .�"', I i�� I Q ° � ` I I ' � I � �; �� I I .� �,I I I o � i� � i I �o �� i � c,j �'� ' s '" �' I i � I i l; �i I i 'I , � � I I Z �I � Z ff If � I � i y Qi� } � J J J i a�: � I � 'Ga, r I I J �I �i � I�o U . p N � �_�i � � I, �� W w � I I r z ¢- W �I i w F � w Q ~ � � � o lo i!I I � i Q z = I i r c� O I' � W CL Y ~ y °�' W��'! I I I ' I �W� �I' wl ¢ W� I r-I � I ? _ 2 Z � U � I �' I I i I I � LLII U I U Z WI WI I fLI W W W F_ I O W � occ��fQO �2^� � �� ( � � � �;� a�c p � � Z Z =; Y� Z � L J UI : i .{I I 1 I � . � J S S W Zi¢I I ¢� Z ? �W � �Xi I i I� � � � � i I j 7 al n. a � wi ¢i wi �� w w ¢ � � I � Q 1' fL W 2I QI W I (nl Z � W V C� Q � ¢ I I i U O O O I O ? O ? ❑ Z J �� Z Z O Z I 2 I �I Z Q Z (7 w l 2 a II I I I I I I I I I ( I 6 W W C WI W Z, Q ..� W Z �� W (I� �III � d V) N a (n N W I J O. N W UI � � c.7 � a I, i �, .I � .� � I i ' I � � � � � � tn Z � � w .� o �'r, oi v �n �o n m ail o � ri l oi a �n�i= a J '�.�j Q � cV oi < in <o r�l ao�oi �� .- � N r a w c.i c.ij�Z � Q � oC ~ � ;a o ft O 6. 1- �! I � ^�' i ';� ~ UUcncn > ATTAC�IMENT A — PAGE 8 OF 8 TPT:C:1WP51\DOC\PROJECTS\CAPE\94405-01\TASKS.1 PAGE 8 5/19/95 CAPE GIRARDEAU REGIONAL AIRPORT REMARKING OF RUNWAY 10/28 AIRPORT MAINTENANCE PROJECT NO. A.I.R. 953-77A BASIC DESIGN SERVICES l. Direct Salary Costs Title Hours Rate/Hour Cost Principal of Firm 0 $43.22 $ 0.00 Sr. Project Engineer 3 31.11 93.33 Project Engineer 76 26.26 1,995.76 Senior Engineer 0 20.78 0.00 Engineer 0 16.63 0.00 Senior Eng. Tech. 0 17.30 0.00 Engineering Tech. 50 12.64 632.00 Clerical 26 11.07 287.82 Total Direct Salary Costs $ 3,008.91 2. Labor and General & Administrative Overhead Percentage of Direct Salary Costs 149.67% 4 503.44 3. Direct Nonsalarv Expenses Transportation & Lodging $ 95.00 Printing 344.00 Supplies & Misc. 50.00 Total Direct Nonsalary Expenses $ 489.00 4. Subtotal of Items 1, 2 and 3 $ 8,041.35 5. Fixed Payment (approximately 15% of Item 4) $ 1,200.00 � 6. Subcontract costs (specify) Total Subcontract Costs 0.00 Total Cost Items 4, 5, plus 6 $ 9,201.35 Therefore use $9,200 for a cost plus fixed fee contract upper limit. ESTIMATED COST FOR CONSULTANTS' SERVICES BASIC DESIGN SERVICES) ATTACHIVIENT B - PAGE 1 OF 1 TPT:C:\WP51\DOC\PROJECTS\CAPE\94405-01\PROJAGMT3 5/19/95 CAPE GIRARDEAU REGIONAL AIRPORT REMARKING OF RUNWAY 10/28 AIRPORT MAINTENANCE PROJECT NO. A.I.R. 953-77A CONSTRUCTION PHASE SERVICES 1. Direct Salarv Costs Title Hours Rate/Hour Cost Principal of Firm 0 $43.22 $ 0.00 Sr. Project Engineer 0 31.11 0.00 Project Engineer 31 26.26 814.06 Senior Engineer 0 20.78 0.00 Engineer 0 16.63 0.00 Senior Eng. Tech. 0 17.30 0.00 Engineering Tech. 3 12.64 37.92 Clerical 5 11.07 55.35 Total Direct Salary Costs $ 907.33 2. Labor and General & Administrative Overhead Percentage of Direct Salary Costs 149.67% 1 358.00 3. Direct Nonsalary Expenses Transportation & Lodging $ 80.00 Printing 0.00 Supplies & Misc. 50.00 Total Direct Nonsalary Expenses $ 130.00 4. Subtotal of Items 1, 2 and 3 $ 2.395.33 5. Fixed Pa.� (approxunately 15% of Item 4) $ 360.00 � 6. Subcontract costs (specify) Total Subcontract Costs 0.00 Total Cost Items 4, 5, plus 6 $ 2.755.33 Therefore use $2,800 for a cost plus fixed fee contract upper limit. ESTIMATED COST FOR CONSULTANTS' SERVICES (CONSTRUCTION SERVICES PHASE) ATTAC�i1VIVIEEN'T C - PAGE 1 OF 1 TPT:C:\WP51\DOC\PRO]ECTS\CAPE\94405-01\PROJAGMT.3 5/19/95 � , . ADD�I�TDUM N0. 2 TO PROJECT AGREEMENT NUMBER 1 � _ T S DENDUM NO. 2, made and entered into this P�,-�a�� day of ��,c� • , 19�� ' , by and between the CITY OF CAPE GIRARDEAU, MISSOURI, whose address__�s 401 Independence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its Ciry Council, hereinafter referred to as "SPONSOR" and CRAWPORD, MURPHY, & TILLY, INC., Consulting �ngineers, whose address is 800 St. L,ouis Union Station, Suite 210, St. Louis, Missouri, 63103, hereinafter referred to as "CONSULTANT" amends Project Agreement No. 1 dated December 21, 1993 which amended the Professional Services Contract dated December 21, 1993, for professional engineering and architectural services for the development of the Cape Girardeau Municipal Aiiport. Said Project Agreement No. 1 covers necessary engineering and related services for planning, design, and construction of General Aviation Apron Reconstruction and Expansion, Taxiway Construction, and Runway 10/28 Recabling &Miscellaneous Electrical Work at the Cape Girardeau Municipal Airport. WHEREAS, under Article 1, Paragraph 1.4 of Project A�reement No. 1, it was assumed that the project would take 8 months to construct and the construction would be completed by March 15, 1995 and that the Consultant would provide 2,330 hours of representation for the Construction Phase Services, and, WHEREAS, under Article 1, Paragraph 1.4 of Project Agreement No. 1, it states that if tfie 2,330 hours of representation is exceeded, due to the contractor working more hours than anticipated, and the delays are not caused by the En�ineer, the Engineer shall be reimbursed for these services at a niutually acceptable fee negotiated at the time all pertinent circumstances are known, and, WHEREAS, the project construction began in AuQust, 1995 and was substantially complete in June, i996, more than a year later than anticipated, and, WHEREAS, the Consultant will provide approximately 2,680 hours of representation to complete t11e project, primariiy because additional time for on-site construction observation services was required because the general contractor and t�z�o major subcontractors worked varying schedules, 93405-02 TPT:C:\WP51\DOC\PRO)ECTS\CAPG\93405-02\PRAGMNTl.AD2 PAGC- I 9/12/9G . .. � . NOW, THEREFORE, in consideration of these premises and the mutual covenants herein contained, the parties hereto agree as follows: 1) Revise the first two sentences of Paragraph 2.3 of Article 2. Compensation, of Project Agreement No. 1 to read as follows: Compensation for services outlined in Article 1, Paragraph 1.4 of this Project Agreement, shall be on a cost plus fixed fee basis with the fixed fee being 14 600 and the total amount not to exceed $137,000 without a modification to this Project Agreement. The estimated costs for the Consultant's services for this part of the work is shown on "Attachment C - Revised per Addendum No. 2". 2) Replace "Attachment C" of Project Agreement No. 1 with the attached "Attachment C- Revised per Addendum No. 2" which indicates the costs that have actually been incurred plus the estimated costs to be incurred to complete the work under Project Agreement No. 1. IN WITNESS WHEREOF, the parties hereto affixed their signatures this �day of , 19� � SPONSOR /%� CITY OF APE GIRARDEAU, MISSOURI ` . � . i - ' ` i� Ma�eh"ael r ATTEST: �� City Manager �� ,,,i l i;i�.:i�;�-� Deputy City Clerk CONSULTANT Crawford, Murphy & Tilly, Inc. _J.�- � - J 1 � � ",% �.� �tL� � � ATTEST: rvl�?�111�� jr_ Z.,pGfl� /=.��i��J,�L �1=�� rx�//��:�.�-�'i-- 93405-02 TPT:C:\WP51\DOC\PROJECTS\CAPE\93405-02\PRAGMNTI.AD2 PAGE 2 9/12/96 CAPE GIRARDEAU REGIONAL AIRPORT APRON EXPANSION/REHABILITATION PROJECT 1. DIRECT SALARY COSTS TITLE HOURS RATE/HOUR COST($) Principal of Firm 0 $44.20 $0.00 Sr. Project Engineer 0 34.10 0.00 Project Engineer 10 24.62 246.20 Senior Engineer 389 21.30 8,285.70 Engineer 0 16.96 0.00 Senior Eng. Tech. 129 20.63 2,661.27 Engineering Tech. 2126 13.37 28,424.62 Typist/Clerk 25 8.78 219.50 Totaf Direct Salary Cost $39,83729 2a. Labor and General Administration Overhead Percentage of Direct Salary Costs at 144.43% $57,537.00 2b. Overtime Premium $1,551.09 3. Out-of-Pocket Expenses a. Transportation &Subsistence $15,340.00 b. Materials and Supplies 1,386.48 Total Out-of-Pocket Expenses $16,726.48 4. Subtotal of Items 1, 2a, 2b, and 3 $115,651.86 5. Fixed Payment $14,600.�0 6. Subcontract Costs (Specifv) Materials Acceptance Testing $6,754.50 Total Subcontract Costs $6,754.50 7. TOTAL COST(Items 4, 5, plus 6) $137,006.36 Therefore, use $137,000 for a cost plus fixed fee contract upper limit. ESTIMATED COST FOR CONSULTANTS' SERVICES (CONSTRUCTION PHASE) 12-Sep-96 ATTACHMENT"C" - REVISED PER ADDENDUM NO. 2 07:24AM PAGE 1 OF 1 A1CAPE-AD2 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT THIS AMENDMENT, made and entered into this�,day o��19�, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, whose address is 401 Independence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its City Council, hereinafter referred to as "SPONSOR" and CRAWFORD, MURPHY & TILLY, INC., Consulting Engineers, whose address is 800 St. Louis Union Station, Suite 210, St. Louis, Missouri, 63103, hereinafter referred to as the "CONSULTANT". The Sponsor and Consultant agree to the following additions to the PROFESSIONAL SERVICES CONTRACT dated December 21, 1993: 1. The Contract shall state "Although the Missouri Highway and Transportation Department (MHTD) is not a party to this Contract, they will review all documents and administer funds", and "Although the Federal Aviation Administration (FAA) is not a party to this contract, their criteria will be followed". 2. All references made to the FAA shall be made to the Missouri Highway and Transportation Department. 3. All change orders shall be approved by MHTD. 4. Two (2) sets of record drawings shall be provided to MHTD when projects are complete. IN WITNESS WHERE F, the parties here o have affixed their signatures this �� day of f J , 19�. SPONSOR: CITY OF CAPE GIRARDEAU, MISSOURI A'�TEST: ; ; � J CONSULTANT: CRAWFORD, MURPHY & TILLY, INC. �..G��Z,?.'�` � � 2' Timothy . Tappend f, P.E. Manager, St. Louis Regional Office ATTEST: 1 '�', PROFESSIONAL SERVICES CONTR.ACT THIS AGREEMENT, made and entered into this�/st day of�ra✓kl�r, 19� by and between the CITY OF CAPE GIRARDEAU, MISSOURI, whose address is 401 Independence Street, Cape Girazdeau, Missouri, 63702, a municipal corporation, acting by and through its City Council, hereinafter referred to as "SPONSOR" and CRAWFORD, MLTRPHY & TILLY, INC., Consulting Engineers, whose address is 133 South l lth Street, Suite 500, St. Louis, Missouri, 63102, hereinafter referred to as the "CONSULTANT". The Sponsor agrees to retain the Consultant to perform the engineering and architectural services as described herein for the development of the Cape Girardeau Municipal Airport, effective at such time that the Sponsor designates a project set forth below in Section I and enters into a project agreement defining the project, consideration, and Scope of Services as an amendment hereto. It is understood that the form of this contract is for the convenience of the parties and that the rights and duties of the Sponsor and the Consultant for a particular project shall be the same as though a separate and distinct professional services contract had been executed between the Sponsor and the Consultant for each project. I. The scope of work contemplated under this agreement is for professional service for the development of the Cape Girardeau Municipal Airport. Said development may include, but is not limited to the following projects: 1. Reconstruction of general aviation apron. 2. Expansion of general aviation apron (1200' x 130'), associated lighting, drainage, signage, tie-downs, and pavement markings. 3. Construction of connecting taxiway from the general aviation apron to Taxiway C. 4. Re-cablin� runwav 10-28 an�d installation of lighted windcones, including vault and �V v��l sui.;r��' ii:il.ii J V�:LiC%iliJ. 5. Update of Airport Layout Plan. 6. Preparation of overall drainage plan. 7. Preparation of pavement management plan. 8. Assistance in land acquisition. 9. Extension of Taxiway D, (1800' x 40'), associated lighting, signing, drainage, and pavement markings. 1 10. Construction of T-hangar Taxiway pavements. 11. Purchase and construction of ARFF and snow removal equipment and facilities. 12. Update of existing electrical vault and re-cabling of runway and taxiway circuits. 13. FAA mandated improvements. II. The Consultant's services to be rendered for the above described scope of work will be according to the following schedule: PART A - PROJECT DEVELOPMENT AND PREAPPLICATION SERVICE 1. Assist the Sponsor as required in preparing and/or updating the Preapplication, including the Program Sketch, Program Narrative, and Opinion of Probable Construction Cost, and assist the Sponsor with Project Evaluation, Environmental Assessment Reports and the required Statements and Notifications. Assist the Sponsor, as required, in their coordination with the FAA, coordination of the State, Regional and Local reviews, and the conduct of Public Information Meetings or Public Hearings, if required. 2. ConsulbCoordinate with Airport Users, FAA, NIHTD, Airport Staff, City, County, and other interested Parties. 3. Review, and revise as necessary, the airport drawings which provide the basis for the project design. 4. Provide acceptable Airport Layout Plan and associated drawings, as required. 5. Prebare or assist in the preparation of the Application for Federal Funds and the 1.11�iGrti,y :viiaj.: l�;,ui.a:i:. c� �. 6. Perform miscellaneous consulting engineering services as requested by the Sponsor and assist the Sponsor in obtaining other required services such as archaeological services, initial aerial mapping of the entire airport site, or other related services or studies. PART B - BASIC DESIGN SERVICES 1. Perform topographic surveys of proposed construction areas as required for design. 2. Perform soils and subsurface testing and investigation of proposed construction areas as required for design. 2 3. Prepare preliminary plans, specifications, contract documents, and Opinion of Probable Construction Cost for the design, to be approved by the Sponsor, FAA, and the State of Missouri. 4. Prepare and submit final plans, specifications, and contract documents for approval by the Sponsor, FAA and the State of Missouri prior to advertising for bids. 5. Prepare a Design Report, including estimates of final quantities and construction costs. The report will be submitted with the final plans and specifications to the Sponsor, FAA, and the State of Missouri. 6. Coordinate the establishment of bid proposals into schedules to allow flexibility of award to match the funds available. 7. Provide complete sets of approved plans, specifications, and contract documents for the bidding of the project. 8. Assist with the bid opening and processing of bid documents, and make recommendations to the Sponsor for award of contract schedules. PART C - CONSTRUCTION PHASE SERVICES 1. The Consultant shall provide general construction observation including the furnishing of a Resident Project Representative and sufficient qualified inspection and survey personnel for the purpose of observing the progress and quality of work performed by Contractor(s). The Consultant will endeavar to provide protection for the owner against defects and deficiencies in the work of Contractor(s), but the furnishing of such resident project representation will not make the Consultant responsible for construction means, methods, techniques, sequences of procedures or for safety precautions or programs, or for Contractor(s) failure to perform their work in accordance with the Contract Documents. 2. The Consultant shall perform verification of testing as necessary to meet the requirements of the Federal Aviation Administration, in the field and the laboratory, as required, in proper time and in sufficient number to assist in assuring construction is in accordance with the plans and specifications. Copies of all test reports will be made available to the Sponsor, MHTD, and the FAA as required. 3. The Consultant shall observe tests taken by the Contractor as necessary to meet the requirements of the Federal Aviation Administration, in the field and the laboratory, as required, in proper time and in sufficient number to assist in assuring construction is in accordance with the plans and specifications. Copies of a11 test reports will be furnished to the Sponsor, FAA, and the State of Missouri. 3 4. The Consultant shall act as the Sponsor's agent during construction to protect the Sponsor's interest. The consultant will fumish the Sponsor a weekly construction progress and inspection report. 5. The Consultant shall prepaze all addition and deletion change orders and supplemental agreements as required. After acceptance of the Construction Contract Changes by the Contractor, copies will be submitted to the Sponsor and MHTD or the FAA for approval and signature before proceeding with the work. 6. The Consultant shall review periodic estimates submitted by the Contractor during the construction of the project and sha11 review the final estimate when the work is completed. Periodic estimates shall be submitted regularly to the Sponsor for concurrence and submittal to MHTD or the FAA for federal participation payments. The Consultant will assist in preparation of Federal payment requests. 7. The Consultant shall review shop drawings and construction submittals, and prepare and maintain necessary records of construction progress. 8. When the project has been completed and is ready for final acceptance, the Consultant shall arrange for inspection of the finished work by the FAA, MHTD, the Sponsor, the Contractor, and the Consultant, following which the final payment estimate for the work will be considered by the Sponsor. 9. Upon acceptance of the project, the Consultant shall prepare the record drawings, including any field surveying required to compute final quantities, and the construction engineering report, and sha11 provide the Sponsor with one (1) set of reproducible record drawings. PART D - CHANGE OF SCOPE It is m�.rtuallv aRreed that anv chan�e in the scope of the project as outlined in Article I, Ui iliC �ci Li�i:� vi.ci..ilc.: 11; �u�i�ic it lii 'r aT'"t� r�, D t.ii1C1 l,, and/or delays �1riC1UdlTlg completion of the work in more than one project) by the Sponsor, resulting in e�ctra expense to the Consultant, shall be considered beyond the normal scope of this contract. In addition to the foregoing services, the Sponsor may require additional services such as Property Surveys, Descriptions of Land, Easements, Redesign or Major Changes of the concept after final plans or concepts have been approved by the FAA. Payment to the Consultant for such work, because of the change of scope of the project, shall be negotiated at the time of the anticipated change and it shall be mutually agreed to by amending this contract. III. The Consultant further agrees to the NON CONSTRUCTION CONTRACT, REQUIRED FEDERAL CONTRACT CLAUSES as stated in ATTACHEMENT 2 of this contract. 4 IV. The Consultant and the Sponsor mutually agree that: l. The Sponsor and the Consultant each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this contract and the partners, successors, assigns and legal representatives of such other party in respect of all covenants of this contract. Neither the Sponsor nor the Consultant shall assi�, sublet, or transfer its interest in this contract without the written consent of the other. 2. This contract may be terminated by either party upon thirty (30) days written notice should either pariy fail substantially to perform in accordance with its terms through no fault of the other. It is also understood that any such violation or Breach of Contract is subject to legal remedies in addition to any contractual or admi.n.istrative measures. 3. The original plans and specifications shall remain the property of the Consultant; however, the Sponsor will be provided one (1) set of specifications and reproducible plans whether or not the project is executed. Any reuse of the plans without written verification or adaptation by Consultant for the specific purposes intended will be at Sponsor's sole risk and without liability or legal exposure to Consultant; and Sponsor shall indemnify and hold harmless Consultant from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. 4. This Agreement is subject to the approval of the Federal Aviation Administration and the State of Missouri. 5. Reasons for which this agreement may be terminated by default include, but are not limited to, inferior or uncompleted work by the Consultant, or lack of diligence by either party. 6. Reasons fnr which this a�reement mav be terminated by either party because of (;li�i.iCll�i%iIlt;l;� l7Cy:ifici ul� i;Ul1CTG1 Ui CiU1CI �JdI"� :�:�.aae, nut are not limited to, non- availability of funds, or governmental policy decisions to abandon or postpone the work indefinitely. V. The Sponsor agrees that: 1. The Sponsor shall make available to the Consultant all technical data that is in the Sponsor's possession including maps, surveys, property descriptions, borings or other information required by the Consultant and relating to his work. 2. The Sponsor agrees to cooperate with the Consultant in the approval of all plans and specifications, or should they disapprove of any part of said plans and specifications, sha11 make a timely decision in order that no undue expense will be caused the 5 Consultant because of lack of decisions. If the Consultant is caused to incur eYpenses such as additional design drafting, due to changes ordered by the Sponsor after the completion and approval of the plans and specifications, the Consultant shall be equitably paid for such extra expenses and services. 3. The Sponsor shall pay publishing costs for advertisements of notices, public hearings, requests for bids, and other similar items and shall pay for all permits and licenses that may be required by local, state or federal authorities; and shall secure the necessary land, easements, rights-of-way required for the project. VI. Payment. 1. The consideration and terms of payment for services described in Article II, Parts A, B and C will be as set forth in each project agreement to this contract that designates a project, and sets forth the Scope of Services to be performed thereunder and amends this agreement. VII. The Consultant agrees to perform said services and work to carry out the provisions of this contract in a good and workmanlike manner. VIII. Hold Harmless. The Consultant agrees to protect and save the Sponsor, its elected and appointed officials and employees, harmless from and against all claims, demands and causes of action including the cost of defense thereof, due to negligent acts, errors, or omissions of the Consultant on this project. IX. Insurance. The Consultant shall obtain and maintain continuously, public liability insurance, to protect the n�iblic with limits �f liabilitv not less than $1,000,000.00 combined sin�le limit bodily iri�ury and property damage, acia auCo anu r.un-�wner auto coverage. The Consultant shall provide the Sponsor a certificate of insurance naming the sponsor as a co-insured. X. An opinion of construction cost prepared by the Consultant represents judgement as a design professional and is supplied for the Sponsor's guidance. Since the Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, the Consultant does not guarantee the accuracy of its opinion as compared to contractor bids or actual cost to the Sponsor. 6 XI. Term of Contract. This agreement, unless otherwise terminated as set out above, shall be for a term of three years from the date of fmal execution by Consultant and Sponsor. Any extension as may be necessary to complete a project may be agreed to by both parties and is subject to approval of MHTD or FAA as may be necessary. IN WITNESS WHEREOF, the parties hereto have �xed their signatures this :�?�,ai- day of,�, o,,�. � , 19��. SPONSOR: CITY OF CAPE GIRARDEAU, MISSOURI -� ATTEST: ��.P�� u,�a�C CONSULTANT: CRAWFORD, MURPHY & TILLY, INC. � Clifto R. Baxter, P. . President ATTEST: � n , r � �, �. /`� P �t��✓1 ,'t�-�- _- ' �.�/✓(/:��. 7 ATTACHMENT 1 CERTIFICATION OF CONSULTANT I, hereby certify that I am a duly authorized representative of the firm of CRAWFORD, MLJRPHY & TILLY, INC., whose address is 133 South llth Street, St. Louis, Missouri, 63102, and that neither I nor the above firm I hereby represent has: A. Employed or retained for a commission, percentage, brokerage, contingent fee, or other considerations, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract. B. Agree, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract. C. Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract. I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the U.S. Department of Transportation, in connection with this contract involving participation of Federal-Aid airport funds, and is subject to applicable State and Federal laws, both criminal and civil. La�e: �Z�.9�J3 Dy. /`- Page 1 of 1 Page 1 of 6 ATTAC�-IlVIENT 2 (Replaces Appendix 1 to AC 150/5100-14C) NON CONSTRUCTION CONTR.ACT REQUIRED FEDERAL CONTRACT CLAUSES INDEX 1. CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQUIREMENTS (VERSION 1, 1/5/90) 2. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS (VERSION 1, 1/5/90) 3. INSPECTION OF RECORDS - 49 CFR PART 18 (VERSION 1, 1/5/90) 4. RIGHTS TO INVENTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) 5. BREACH OF CONTRACT TERMS SANCTIONS - 49 CFR PART 18 (VERSION l, 1/5/90) 6. DBE REQUIRED STATEMENTS - 49 CFR PART 23 (VERSION 1, 1/5/90) 7. TRADE RESTRICTION CLAUSE - 49 CFR PART 30 (VERSION 1, 1/5/90) 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (VERSION 1, 1/5/90) 9. TERMINATION OF CONTRACT - 49 CFR PART 18 (VERSION 1, 1/5/90) Page 2 of 6 l. CIVIL RIGHTS ACT OF 1964, TITLE VI - 49 CFR PART 21 CONTRACTUAL REQUIREMENTS (VERSION 1, 1/5/90) During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: l.l Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 1.3 Solicitations for subcontracts, including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 1.4 Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined :., :_:u ._.r. : . . ......:..s . , _..>�_: . ...:._._�.�„_:,. __._ .`u".; �o 'ce r�-�---_._. �� ascertain _. _ - �- compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or PaQe 3 of 6 b. Cancellation, termination, or suspension of the contract, in whole or in part. 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 2. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 GENERAL CIVIL RIGHTS PROVISIONS (VERSION 1, 1/5/90) The contractor/tenant/concessionaire/lessee 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 tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. (VERSION l, 1/5/90) The contractor shall maintain an acceptable cost accounting system. The Sponsor, the FAA, and the Comptroller General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts, and transcriptions. The contractor shall maintain all required records for three years after the Sponsor makes final payment and all other pending matters are closed. Page 4 of 6 4. RIGHTS TO INVENTIONS - 49 CFR PART 18 (VERSION 1, 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 FAA and the Sponsor. 5. BREACH OF CONTRACT TERMS SANCTIONS - 49 CFR PART 18 (VERSION 1, 1/5/90) Any violation or breach of the terms of this contract on the part of the contractor or subcontractor 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. 6. DBE REQUIRED STATEMENTS - 49 CFR PART 23 (VERSION 1, 1/5/90) Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the ma�cimum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maacimum opportunity to compete for and perform contracts. Recipients and their ,:.,.1��:�w�.,.� __.u.l .._. .. _____.__.:�u.. .,.. �._„ �...v:_. ,._ :_.__�, .,��;�, national or:D- . -- .,.,., i:� thc award and performance of DOT-assisted contracts. 7. TRADE RESTRICTION CLAUSE - 49 CFR PART 30 (VERSION 1, 1/5/90) The contractor or subcontractor, by submission or an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign counhy included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); Page 5 of 6 b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is enoneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through ..:_ �,_ _ .. . _._....... _ . :._.. .. _ . _,. . : : _. .: ..:;_.... :_. .'.�ui;.ii .__ .:.., _,:.,. :.; i:.c Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. Paae 6 of 6 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 (VERSION 1, 1/5/90) The bidder/offeror 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 fizrther agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 9. TERMINATION OF CONTRACT - 49 CFR PART 18 (VERSION 1, 1/5/90) 9.1 The sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fizlfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. 9.2 If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. 9.3 If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. 9.4 If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. 9.5 The rights and remedies of the Sponsor provided in this clause aze in addition to any other rights and remedies provided by law or under this contract. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT THIS AMENDMENT, made and entered into this�,day o f��19�c , by and between the CITY OF CAPE GIR.ARDEAU, MISSOURI, whose address is 401 Independence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its City Council, hereinafter referred to as "SPONSOR" and CRAWFORD, MURPHY & TILLY, INC., Consulting Engineers, whose address is 800 St. Louis Union Station, Suite 210, St. Louis, Missouri, 63103, hereinafter referred to as the "CONSULTANT". The Sponsor and Consultant agree to the following additions to the PROFESSIONAL SERVICES CONTRACT dated December 21, 1993: 1. The Contract shall state "Although the Missouri Highway and Transportation Department (MHTD) is not a party to this Contract, they will review all documents and administer funds", and "Although the Federal Aviation Administration (FAA) is not a party to this contract, their criteria will be followed". 2. All references made to the FAA shall be made to the Missouri Highway and Transportation Department. 3. All change orders shall be approved by MHTD. 4. Two (2) sets of record drawings shall be provided to MHTD when projects are complete. IN WITNESS WHERE F, the parties here o have affixed their signatures this 7� day of , 19�. SPONSOR: CITY OF CAPE GIRARDEAU, MISSOURI ;A�'TES`�T: � ; - � ;. , CONSULTANT: CRAWFORD, MURPHY & TILLY, INC. �J � z. Timothy . Tappend f, P.E. Manager, St. Louis Regional Office ATTEST: 1 PROJECT AGREEMENT NUMBER 1 THIS PROJECT AGREEMENT NUMBER 1 which amends the Professional Services Contract dated � �/ , 199� made and entered into this �/o-1- day of v,,PQ,��wrcJ , 19� by and between the CITY OF CAPE GIRARDEAU, MISSOURi, whose address is 401 Independence Street, Cape Girardeau, Missouri, 63702, a municipal corporation, acting by and through its City Council, hereinafter referred to as "SPONSOR" and CRAWFORD, MURPHY & TILLY, INC. Consulting Engineers, whose address is 133 South 11th Street, Suite 500, St. Louis, Missouri, 63102, hereinafter referred to as "CONSULTANT". WHEREAS, the Sponsor requires professional services of the Consultantto provide necessary engineering and related services for planning, design, and construction of General Aviation Apron Reconstruction and Expansion, Taxiway Construction, and Runway 10/28 Recabling & Miscellaneous Electrical Work at the Cape Girardeau Municipal Airport as shown on Attachment D, and WHEREAS, the Consultant has agreed to provide the professional services required which shall include architectural, civil, structural, mechanical, and electrical engineering services. NOW, THEREFORE, in consideration of the covenants and agreement hereinafter set forth, it is agreed as follows: ARTICLE 1. SCOPE OF SERVICES 1.1 General. The Consultant, in consideration of the payment on the part of the Sponsor, agrees to perform the engineering services in accordance with Article II of the Professional Services Contract as modified by the remainder of this Article 1. DESCRIPTION OF WORK: The Engineer shall provide all civil, electrical, structural and geotechnical services required to prepare construction plans, contract documents, technical S�Q��f�catinn� and Cc�nctr�,i�t;�►� insnecti�n sPrv'tCes fo►' the following listed w�rk items as snowr� on rlttacnrnent LU, ania �is�ea beiow: 1. Reconstruct existing General Aviation Apron and replace localized distressed areas of pavement (11,000 sy of pavement). 2. Expand existing General Aviation apron. (1200' x 130') 3. Construct new connecting taxiway. (650' x 50') 4. Recable runway 10/28, install new wind cones, and update existing regulator. November 29, 1993 Page 1 of 5 Two sets of plans and specifications will be prepared for bidding under this contract. One set of plans shall consist of the Apron Reconstruction, Taxiway Construction, and Apron Expansion. The other set of plans will consist of the Runway Recabling and Miscellaneous Electrical Work. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR APRON AND TAXIWAY WORK: $1,920,840 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST FOR ELECTRICAL WORK: $115,450 The work will be completed in three phases as described in the following three Sections of this Article 1. 1.2 Project Development and Preapplication Service Phase. This phase of the project shall include the engineering services listed in Article II, Part A - Project Development and Preapplication Service of the Professional Services Contract as modified by the remainder of this Section 1 .2: 1.) No Environmental Assessment Reports and no Public Information Meetings or Public Hearings are believed to be necessary for the project and are not included in the scope of services for this Project Agreement. 2.) No Property Map (Exhibit "A") is believed to be necessary for the project and is not included in the scope of services for this Project Agreement. The following specific actions are intended to complete the scope of services listed for Project Development and Preapplication Service Phase: a.) Meet with the Cape Girardeau Department of Public Works; Airport Manager, and F�ainaAri,�a [l�n�t�t�r�nt ac 11prpS5�('•� t!� f�iSCUSS project appr�ach possible phasing, materials, alternatives to be evaluated; and review of pians, contract documents, and scheduling. A total of 2 meetings are intended. b.) Meet with MHTD to verify direction of project and discuss funding. A total of 1 meeting is intended. 1.3 Basic Desi�n Services Phase. This phase of the project shall include the engineering services listed in Article II, Part B - Basic Design Services of the Professional Services Contract. Two sets of plans and specifications will be prepared for bidding under this agreement. One set of plans shall consist of the Apron Reconstruction, Taxiway Construction, and Apron Expansion. The other set of plans will consist of the Runway November 29, 1993 Page 2 of 5 Recabling and Miscellaneous Electrical Work. Both sets of plans are to be prepared, reviewed and bid at the same time. If the project has to be bid more than one time, then a modification to this agreement shall be prepared in accordance with Article II, Part D of the Professional Services Contract. The Consultant agrees to submit preliminary plans, specifications, contract documents, and cost estimates not more than 150 days after written Notice to Proceed. This time allows 30 days review time of the Engineer's Report by MHTD and the Sponsor. 1.4 Construction Phase Services. This phase of the project shall include the engineering services listed in Article II, Part C - Construction Phase Services of the Professional Services Contract. In addition, the Consultant shall provide personnel meeting the requirements outlined in the F.A.A. Central Region document titled "Minimum Qualifications for Personnel, Equipment, and Facilities to be Provided by the Consulting Engineering Firm Responsible for Construction Inspection Services" attached hereto as "Attachment E". This contract assumes the projects will take 8 months to construct and the ' construction shall be completed by March 15, 1995. The Consultant will provide a representative at all times the Contractor is working or as required by the Sponsor. ATTACHMENT C provides for 2,330 hours of representation for this purpose. If this time is exceeded, due to the contractor working extra hours than as anticipated, and the delays are not caused by the Engineer, the Engineer shall be reimbursed for these services at a mutually acceptable fee negotiated at the time all pertinent circumstances are known. ARTICLE 2. COMPENSATION 2.1 Compensation for services outlined in Article 1, Paragraph 1 .2 of this Project Agreement for the Project Development and Preapplication Services Phase, shall be a Lump Sum fee of 2 800 without a modification to this Project Agreement. The estimated costs for the Consultants' Services for this part of the work is shown as "Attachment A". The Sponsor agrees to pay the Consultant for the work under this paragraph in accordance with the following schedule: 100% of the fee upon submittal of the Engineering Report and Application for Federal Funds. Any additional work requested by the Sponsor outlined in Article II, Part A of the Professional Services Contract for Project Development and Preapplication Services but not specifically described in this Project Agreement Number 1, - shall be reimbursed for these services in accordance with Article II, Part D of the Professional Services Contract. 2.2 Compensation for services outlined in Article 1, Paragraph 1.3 of this Project Agreement for Basic Design Services, shall be a Lump Sum fee of $125.800 without a modification to this Project Agreement. The estimated costs for the Consultants' Services for this part of the work is shown as "Attachment B". The Sponsor agrees to pay the Consultant for the work under this paragraph in accordance with the following schedule: December 14, 1993 Page 3 of 5 25% of the fee upon completion of the soil borings and submittal of the engineering report to the Sponsor and MHTD, an additional 35% of the fee upon submittal of preliminary plans, specifications, and cost estimates to the Sponsor and MHTD, an additional 20% of the fee upon submittal of final plans, specifications and cost estimates to the Sponsor and � MHTD, and the remaining 20% of the fee upon receipt of construction bids. 2.3 Compensation for services outlined in Article 1, Paragraph 1.4 of this Project Agreement, shall be on a cost plus fixed fee basis with the fixed fee being 12 800 and the total amount not to exceed 119 800 without a modification to this Project Agreement. The estimated costs for the Consultants' Services for this part of the work is shown as "Attachment C". For the work under this paragraph the Consultant shall submit monthly statements to the Sponsor for all payroll costs and al) other expenses incurred on the project and shall include a pro-rata share of the fixed fee in proportion of the statement amount to the not to exceed amount. Upon final completion and acceptance of the project any remaining portion of the fixed fee shall be included on the final statement from the Consultant. 2.4 Payments shall be made to the Consultant by the Sponsor within sixty (60) days of receipt of proper billing. Invoices which are not paid within sixty (60) days of receipt of proper billing shall bear interest at the rate of 1-1/2% for each month or fraction thereof from the date sixty (60) days after receipt of proper billing to time of payment. December 14, 1993 Page 4 of 5 IN WITNESS WHEREOF, the parties hereto affixed their signatures this d/Qt day of�,1��, 19� SPONSOR CITY OF CAPE GIRARDEAU, MISSOURI acting through its City Council. ATTEST: � � CONSULTANT Crawford, Murphy & Tilly, Inc. ATTEST: Cli n R. Baxter, P esident �'"�' � ,,'� � 1' �� -•--�----- - ;/ r�!l�'`--.�_ November 29, 1993 Page 5 of 5 CAPE GIRARDEAU MUNICIPAL AIRPORT APRON RECONSTRUCTION, APRON EXPANSION,TAXIWAY CONSTRUCTION, RECABLING RUNWAY 10/28,AND MISCELLANEOUS ELECTRICAL WORK 1. DIRECT SALARY COSTS TITLE HOURS RATE/HOUR COST($) Principal of Firm 2 $44.20 $88.40 Sr. Project Engineer 2 34.10 68.20 Project Engineer 16 25.85 413.60 Engineer 12 16.96 203.52 Senior Eng.Tech. 0 17.51 0.00 Engineering Tech. 8 13.02 104.16 Typist/Clerk 4 8.50 34.00 Total Direct Salary Cost $911.88 2. Labor and General Administration Overhead Percentage of Direct Salary Costs at 144.43% $1,317.03 3. Out-of-Pocket Expenses a. Private Vehicle $216.00 b. Per Diem 0.00 c. Materials and Supplies 0.00 Total Out-of-Pocket Expenses $216.00 4. Subtotal of Items 1, 2, and 3 $2,444.91 5. Fixed Payment $400.00 6. Subcontract Costs (Specify) Total Subcontract Costs $0.00 7. TOTAL COST (Items 4, 5, plus 6) $2,844.91 Therefore, use $2,800 for a lump sum fee. EST. COST FOR CONSULTANTS' SERVICES (PROJECT DEVELOP. & PREAPP. PHASE) ��, ATTACHMENT A- PAGE 1 OF 1 �PM CAPE GIRARDEAU MUNICIPAL AIRPORT APRON RECONSTRUCTION, APRON EXPANSION, TAXIWAY CONSTRUCTION, RECABLING RUNWAY 10/28, AND MISCELLANEOUS ELECTRICAL WORK DESIGN SERVICES 1. DIRECT SALARY COSTS TITLE HOURS RATE/HOUR COST($) Principal of Firm 8 $44.20 $353.60 Sr. Project Engineer 56 34.10 1,909.60 Project Engineer 160 25.85 4,136.00 Senior Engineer 240 20.97 5,032.80 Engineer 616 16.96 10,447.36 Senior Eng. Tech. 360 17.51 6,303.60 Engineering Tech. 760 13.02 9,895.20 Typist/Clerk 80 8.50 680.00 _ Total Direct Salary Cost $38,758.16 2. Labor and General Administration Overhead Percentage of Direct Salary Costs a 144.43% $55,978.41 3. Direct Nonsalarv Expense Transportation $546.00 Per Diem a.00 Printing 2,050.00 Total Direct Nonsalary Expenses $2,596.00 4. Subtotal of Items 1, 2, and 3 $97,332.57 5. Fixed Pavment $14,200.00 6. Subcontract Costs (Specifv) Soil Testing $6,600.00 Surveying 7,700.00 Total Subcontract Costs $14,300.00 7. TOTAL COST(Items 4, 5, plus 6) $125,832.57 Therefore, use $125,800 for a lump sum fee. ESTIMATED COST FOR CONSULTANTS' SERVICES (DESIGN PHASE) ,..o.�.�, ATTACHMENT B - PAGE 1 OF 1 Ot:77PM CAPE GIRARDEAU MUNICIPAL AIRPORT APRON RECONSTRUCTION, APRON EXPANSION,TAXIWAY CONSTRUCTION, RECABLING RUNWAY 10/28, AND MISCELLANEOUS ELECTRICAL WORK 1. DIRECT SALARY COSTS TITLE HOURS RATE/HOUR COST($) Principai of Firm 8 $44.20 $353.60 Sr. Project Engineer 8 34.10 272.80 Project Engineer 120 25.85 3,102.00 Engineer 690 16.96 11,702.40 Senior Eng. Tech. 0 18.82 0.00 Engineering Tech. 1472 13.02 19,165.44 Typist/Clerk 32 8.50 272.00 Total Direct Salary Cost $34,868.24 2. Labor and General Administration Overhead Percentage of Direct Salary Costs at 144.43°/a $50,360.20 3. Out-of-Pocket Exqenses a. Private Vehicle- 9,600 miles @$0.30/mile $2,880.00 b. Per Diem - 194 days @$50/day 9,700.00 c. Materials and Supplies 1,200.00 Total Out-of-Pocket Expenses $13,780.00 4. Subtotal of Items 1, 2, and 3 $99,008.44 5. Fixed Pavment $12,800.00 6. Subcontract Costs (Specify) Materials Acceptance Testing $8,000.00 Total Subcontract Costs $8,000.00 7. TOTAL COST(Items 4, 5, plus 6) $119,808.44 Therefore, use �119,800 for a cost plus fixed fee contract upper limit. ESTIMATED COST FOR CONSULTANTS' SERVICES (CONSTRUCTION PHASE) ,«o.�-a, ATTACHMENT C - PAGE 1 OF 1 Oa:eOPM MINIMUM QUALIFICATIONS FOR PERSONNEL. EQUIPMENT, AND FACILITIES TO BE PROVIDED BY THE CONSULTING ENGINEERING FIRM RESPONSIBLE FOR CONSTRUCTION INSPECTION SERVICES TO ASSURE THAT THE CONSTRUCTION IS IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS. The Consultant shall provide personnel, equipment, facilities and Scope of Work in accordance with the Requirements outlined as follows: I Scope The Consulting Engineering Firm (Engineer) shall provide Construction Inspection Services for the project described in the basic portion of this document. The Engineer will be required to furnish material, provide qualified personnel and equipment; perform required tests; and submit the reports described herein. The purpose of these inspection services is to assure that the project is being constructed in compliance with the approved plans and specifications. II Laboratory Building, Equipment and Contract Documents A. The Engineer shall be responsible to insure that a facility suitable for use as a field office and laboratory is provided for in the contract specifications. B. The Engineer shall be responsible to ensure that equipment required for surveying, material testing, and project inspection is provided for in the contract specifications. C. The Engineer shall be responsible for ensuring that approved plans and/or specifications are available to inspection and testing laboratory personnel. III Project Engineer A. The Project Engineer shall be a Professional Engineer, licensed in the state where construction takes place (or a reciprocal state) and shall have overall responsibility for inspection of the project and provide assurance to the owner that the construction is in accordance with the approved plans and specifications. The engineer shall be on the project . , . . . . : , ,, . _ _ . _ . _ , _._._ _._ , _ , �,,. .. � _. . _ . _ _ _ _ . . . _. _,. _,�f: _� w,� u "c^�. �nspection personnel. (Critical operations shall be specifically defined in the Construction Inspection Program.) The engineer shall have authority to make decisions regarding the project, subject to approval of the sponsor/owner and the FAA. Official project documents (i.e. change orders, inspection reports, etc.) shall always be signed by the Project Engineer. Documents shall also be signed by the appropriate inspector if the Project Engineer is not on site to observe operations. Unless otherwise approved by the FAA, the Project Engineer shall meet the following minimum requirements: Earthwork - 3 years experience in earthwork construction. Base & Subbase - 3 years experience in base and subbase construction. ATTACHMENT E - PAGE 1 OF 5 Concrete or Asphalt - 5 years experience in airport or highway pavement construction. B. During construction operations which require inspection or testing, either the Project Engineer or a qualified inspector shall be on the project site. Qualifications for inspection personnel are outlined in the appropriate sections. IV Testing Laboratory A. The main laboratory furnishing testing services for the project shall be tested for proficiency by an acceptable accreditation program. Acceptance of laboratory accreditation programs must come from the FAA. (NOTE: If a testing laboratory can show evidence that it has applied for and paid necessary fees to an acceptable laboratory accreditation program, such evidence may satisfy this requirement.) The frequency of the on site inspections and proficiency testing required to retain accreditation shall be as required by the AASHTO Accreditation Program. The laboratory shall only be required to have accreditation for tests required in the project. B. Testing functions occurring in the field such as density testing, material sampling, or specimen preparation may be performed by accredited laboratory personnel or other qualified personnel. The minimum qualifications for Field Testing Personnel are outlined under Part VII. For areas not covered under Part VII, field testing personnel shall have as a minimum, one year of experience with the appropriate material and construction methods. V Construction Inspection Program A. At least a minimum of 10 days prior to the pre-construction meeting the Engineer shall submit a Construction Inspection Program (CIP) to the FAA for approval. (NOTE: An approved CIP will be required prior to FAA authorization to issue Notice To Proceed.) The Construction Inspection Program shall detail the measures and procedures to be used to comply with quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the project specifications. The program shall include the following items as a minimum: 1 . Name of the person representing the sponsor who has overall responsibility for . . . �� ' � - ' � ' � � N;��,.:�.,� ....:��,-.. ..�.�� _....,iii�iy �.J ia��c ,,.....::..�,...��, __,...,,., :., ...�.,.��..... ..iu,�.,.,......�,....J,, ,�.. ..._ comply with the contract. 2. Names of testing laboratories and a certificate of accreditation, indicating proficiency in specific test standards. 3. Names of other engineering firms with quality control responsibilities for the project including a description of the services to be provided by each firm. 4. List qualifications for the Project Engineer, site inspectors, laboratory personnel, and testing personnel. ATTACHMENT E - PAGE 2 OF 5 5. Listing of all tests required by the contract specification, incfuding the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. 6. Procedures for ensuring that: (a) tests are taken in accordance with the approved construction inspection program; (b) tests are documented properly; (c) corrective actions are taken for failed tests; (d) quality and quantity of materials meet project requirements; (e) reports are transmitted to proper parties. VI Surveying A. The surveying included in this portion of the engineering agreement is for the construction of the project. All field notes and data collected during design will be available to the Project Engineer regardless of who designs the project. The survey party shall consist of a party chief and a qualified survey crew. If property surveying is required, the party chief shall be a registered land surveyor. B. Unless otherwise specified in the contract documents, the Contractor shall be responsible for all construction staking. The Sponsor's survey personnel shall not be employed by the Contractor. The Sponsor's survey party shall establish initial vertical and horizontal control points, make spot checks on alignment, verify proper cross sections of the completed pavement layers (subgrade, subbase, base course and surface course) and verify final cross sections for computing final pay quantities. In the event that the Sponsor is also responsible for construction staking, the survey party shall be responsible for horizontal layout and vertical control, grade staking, verifying the final grades of the completed subgrade, subbase, base � -_ _ : _ _ __ _. . _ ' , __ _. . . . ��, � _._ . -� _-�= f�!' _- ....�,.+,�J final pay quantities. VII Construction Inspection and Material Testing A. Subgrade, Subbase, and Base Course Construction Personnel. 1. Field Inspector: The Engineer shall provide at least one on site inspector per shift with a minimum of 2 years experience in earthwork, and aggregate subbase/base course construction. A four year college degree in engineering or a certificate of completion from an acceptable training course may be substituted for up to one year of experience (requires approval by the FAA). If additional assistant inspectors are required they shall have a working knowledge of earthwork and subbase/base course construction proced u res. ATTACHMENT E - PAGE 3 OF 5 2. Field Testing Personnel: Field testing personnel shall have a minimum of one year experience in field testing of subgrade, subbase, and base courses. In lieu of working experience, a certificate of completion from an acceptable training course may be accepted. (requires approval by the FAA.) 3. Laboratory Personnel: The supervisor(s) of the main testing laboratory and field laboratory shall have as a minimum; two years of prior employment with the official project testing laboratory or other testing laboratories with approved accreditation. The supervisor is ultimately responsible for the testing activity, but need not be present for field sampling or field testing. 6. Bituminous Paving Inspection Personnel. 1. Field and Plant Inspectors: The Engineer shall furnish a sufficient number of inspectors to adequately inspect plant and field laydown operations. A minimum of one on site inspector per shift shall have at least five years of experience in the field of bituminous pavement construction. A four year degree in engineering or a certificate of completion from an acceptable training course may be substituted for up to one year experience (requires approval by the FAA). Additional assistant inspectors shall have a working knowledge of the appropriate construction procedures. This includes inspectors for construction of bituminous seal coats and surface courses. 2. Field Testing Personnel: Field testing personnel shall have a minimum of one year experience in field testing and sampling of bituminous concrete. In lieu of working experience, a certificate of completion from an acceptable training course may be accepted. (Training courses will require approval by the FAA.) 3. Laboratory Personnel: The supervisor(s) of the main laboratory and field laboratory shall have a minimum of two years of supervisory employment with this laboratory or other laboratories with approved accreditation. Additional laboratory personnel shall have a working knowledge of bituminous mixture testing. The supervisor is ultimately responsible for the testing activity, but need not be present for field sampling or field testing. C. Concrete Paving and Structural Concrete Inspection Personnel. 1 . Field Inspectors: The Engineer shall furnish a sufficient number of inspectors to adequately inspect plant and field placement operations. A minimum of one on site inspector per shift shall have at least 5 years experience in concrete pavement construction. A four year college degree in engineering or a certificate of completion from an acceptable training course may be substituted for up to one year experience (requires approval by the FAA). The inspector shall be on site during the placing, sawing and initial curing operations. Additional assistant inspectors shall have a working knowledge of concrete paving procedures. ATTACHMENT E - PAGE 4 OF 5 2. Field Testing Personnel: Field testing personnel shall have a minimum of one year experience in field testing and sampling of portland cement concrete. In lieu of working , experience, a certificate of completion from an acceptable training course may be accepted. (requires approval by the FAA.) 3. Laboratory Personnel: The supervisor of the main laboratory and field laboratory shall have a minimum of two years of employment with this laboratory or other laboratories that have approved accreditation. Additional laboratory personnel shall have a working knowledge of concrete testing. The supervisor is ultimately responsible for the testing activity, but need not be present for field sampling or field testing. D. Manufactured Materials. For manufactured items such as cement, asphalt, steel, lime, etc., the Project Engineer may accept the vendor's certification that the materials meet the specifications or he may require the material to be tested for compliance to the specifications. E. Report of Test Results to the Contractor: The Contractor shall be verbally notified of the test results immediately after the tests have been completed. The information shall include the results of the tests and any payment deductions due to substandard construction materials. In no case shall the Contractor be verbally notified later than 4 hours after the test results have been completed. Additional written notification shall be provided to the Contractor within 7 days after the tests have been completed. F. Retesting: The testing laboratory shall provide written notification to the Sponsor and the Contractor of additional costs incurred from retesting of failed materials, additional quality tests, and additional mix designs. G. Reports: 1. Weekly Reports: Tests reports including types of tests taken, applicable standards, location of tests, test results (highlighting those tests which fail specification requirements), provisions for failed tests, and specification requirements shall be submitted to the FAA weekly. 2. Final Report: At the end of the job the Project Engineer shall submit a final test and quality control report documenting the results of all tests performed. Those tests that failed or did not meet the applicable test standard shall be highlighted and correct action noted. The report shall include the pay reductions applied and justification for accepting any out-of-tolerance materials. 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