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HomeMy WebLinkAboutRXE Agreement_Final SERVICE AGREEMENT, 1 OF 11 Revised 2019 Client Initials ________ T-O ENGINEERS, INC. AGREEMENT FOR PROFESSIONAL SERVICES T-O Engineers, Inc. Project Number: 200075 Date: 03/16/2020 THIS AGREEMENT is between City of Rexburg and Madison County, hereinafter referred to as "Client" and T-O Engineers, Inc., an Idaho Corporation, hereinafter referred to as "Consultant". The Client and Consultant in consideration of their mutual covenants herein contract and agree as follows: The Client intends to Acquire Snow Removal Equipment, hereinafter referred to as the “Project”. A) CLIENT INFORMATION AND RESPONSIBILITIES 1. The Client shall timely provide to Consultant a complete description of the Project including: Client's requirements for the Project, objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and all design and construction criteria which Client requires be incorporated into the Project. 2. Client shall timely provide to Consultant all associated or applicable project information including: data and documents prepared by others, soil and subsurface explorations, hydrologic information, laboratory tests, inspection reports, environmental assessments, title reports, records of survey, warranty deeds, and land use restrictions, all of which Consultant may use and rely upon, without liability, in performing services under this Agreement. 3. The Client shall timely obtain permission for Consultant to enter upon public and private property as required for Consultant to perform services under this Agreement. B) SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall provide the following generally described services under this Agreement: See Exhibit A for Scope of Work C) BASIS OF FEE AND BILLING SCHEDULE The Client shall timely pay Consultant for services set forth and provided under this Agreement. Client shall timely pay Consultant for additional services authorized by written amendment to this Agreement. 1. Hourly Rates Compensation shall be timely made for all hourly charges and direct expenses during the performance of work described herein. Hourly charges are the product of actual time expended on the Project multiplied by the hourly billing rate for that employee classification as shown on the Fee Schedule, attached as Exhibit B. Direct expenses are the sum of all expenditures attributable to the Project that are not labor charges, including subconsultant fees. Hourly and direct expense rates are subject to annual review and revision by Consultant. 2. Contract Amount (Not to Exceed) The maximum total fee for services to be provided is included in the scope of work attached as Exhibit B. TERMS AND CONDITIONS 1) GENERAL a. Consultant shall provide professional services for the Client on the Project described in this Agreement. These services shall be performed in accordance with generally accepted professional practices and standards of care and skill ordinarily used in Consultant’s profession under similar circumstances. Consultant makes no warranty, either expressed or implied, as to performance of professional services. b. Consultant shall not be responsible for acts or omissions of any other party involved in the Project. c. Consultant has not been retained to supervise, direct or have control over the work of any construction contractor or SERVICE AGREEMENT, 2 OF 11 Revised 2019 Client Initials ________ their subcontractor or supplier, hereinafter referred to collectively as “Contractor”. Consultant does not have authority over, or responsibility for: Contractor’s means, methods, techniques, sequences or procedures of construction, safety precautions and programs incident to the work of Contractor, or for any failure of Contractor to comply with applicable laws and regulations. d. Consultant can neither guarantee the performance of any Contractor nor assume responsibility for Contractor’s failure to furnish and perform work in accordance with any construction contract documents or recommendations issued by Consultant. e. The Client understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. Consultant makes no warranties, expressed or implied, as to the services or data furnished by professionals providing soils testing or geotechnical advice. 2) OPINIONS OF COST a. Consultant may be asked to provide opinions of probable construction or Project costs as part of the professional services under this Agreement. The Client understands and agrees that: Consultant has no control over the cost of labor or materials furnished by others or market conditions, Consultant’s opinions of probable cost are based on Consultant’s experience and judgment, Consultant does not guarantee or warrant that bids or estimates prepared by Contractors will not deviate from opinions of probable cost provided by Consultant, and Consultant is not responsible for variations between actual construction bids or costs and Consultant’s opinions regarding probable construction costs. 3) REUSE AND OWNERSHIP OF DOCUMENTS a. All work product including documents prepared by the Consultant under this Agreement are proprietary instruments of the Consultant’s professional service and shall remain the sole property of the Consultant and no work product shall be used or reused by the Client other than for the construction, operation and maintenance of the Project, without specific prior written permission of Consultant. b. Client agrees that: authorized use of Consultant’s work product on the Project is subject to full payment for Consultant’s services related to preparation of the product, work product is not suitable for use on the Project unless completed by the Consultant for the specific purpose intended, and any other use of Consultant’s work product by Client will be at Client’s sole risk without liability of Consultant. c. The Client shall timely pay, assume, defend, indemnify and hold Consultant harmless from any claims, damages, losses and expenses, including attorney’s fees, arising from unauthorized reuse of all work product prepared by Consultant. 4) GOVERNING LAW a. The laws of the State of Idaho shall govern the validity of this Agreement, its interpretation and performance, and all remedies for breach of contract or any other claims related to this Agreement. 5) SUCCESSORS AND ASSIGNS a. Client and Consultant are hereby bound, and their partners, successors, executors, administrators and legal representatives are likewise bound, to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. b. Neither Client nor Consultant may assign or transfer any rights, duties or responsibilities under this Agreement without prior written consent of the other party. c. Nothing under this Agreement shall be construed to provide any rights or benefits in this Agreement to anyone other than Client and Consultant, and all duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of Client and Consultant and not for the benefit of any other party. 6) TIMES OF PAYMENTS a. Consultant shall submit monthly invoices for services rendered and for direct expenses incurred. Client shall timely make monthly payments. Invoices are due and payable within thirty (30) days of the date of the invoice. b. All account balances not paid in full within thirty (30) days of the date when first invoiced are overdue and subject to interest at the rate of twelve (12) percent (%) per annum compounded monthly from the date when first invoiced until paid in full. Any payments received shall be credited first to accrued interest and then to principal. c. All fees and costs incurred by Consultant to collect overdue account balances shall be added to the account balance. SERVICE AGREEMENT, 3 OF 11 Revised 2019 Client Initials ________ 7) SUSPENSION OR TERMINATION a. Consultant may, at its sole discretion, after giving seven (7) days written notice to Client, suspend or terminate service if undisputed charges are not paid within forty-five (45) days of receipt of Consultant's invoice and Client hereby waives any claim against Consultant, and shall timely pay, assume, defend, indemnify, and hold Consultant harmless from and against any claims arising from Consultant's suspension or termination of services due to Client's failure to make timely payment. b. Any charges in dispute shall be called to Consultant's attention, in writing, within ten (10) days of receipt of Consultant's invoice, and Client and Consultant shall work together in good faith to resolve any such disputes. If Client and Consultant are unable to resolve said disputes within twenty (20) days, Consultant may suspend or terminate service. c. The obligation to perform under this Agreement may be terminated by either party upon thirty (30) days written notice. Such termination shall be based upon substantial lack of performance by the other party under the Terms and Conditions of this Agreement. d. Consultant may terminate services under this agreement upon seven (7) days written notice if Client requires or demands that Consultant perform services in conflict with Consultant’s professional responsibilities and Client hereby waives any and all claims against Consultant for such termination. e. If this Agreement is terminated by either party, Consultant shall be timely paid for services rendered and for direct expenses incurred to the date of such termination plus close-out or suspension costs including but not limited to document management, rescheduling or re-assignment of personnel, and documentation as to status of work tasks. 8) RISK ALLOCATION AND REMEDY a. Client agrees to limit T-O’s total aggregate liability to Client and all third parties arising from any and all injuries, damages, claims, losses, expenses or claim expenses, including attorney’s fees and costs, arising out of or relating to this agreement based on any cause or any theory of liability, including, but not limited to negligence, errors or omissions, strict liability, breach of contract, breach of warranty, and claims for indemnification or contribution, such that T-O’s total aggregate liability, including but not limited to attorney’s fees and costs, shall not exceed the percentage share of T-O’s fee as it relates to the Client’s total fee, or in the case of an owner, the total project value, up to a maximum of one hundred thousand dollars ($100,000). b. Client and Consultant hereby waive any and all claims for special, incidental, indirect or consequential damages arising out of or in any way related to the Project. c. Client and Consultant hereby contract and agree that any and all demands, mediation, arbitration, or lawsuits brought to enforce this Service Agreement shall be brought only against the parties hereto and shall not be brought individually against any shareholders, members, employees, directors, officers, partners, or agents of either of the parties to this Service Agreement. Client and Consultant further contract and agree that no rights, claims, or benefits shall arise or accrue to any party or entity not an express party to this Service Agreement, without the express written consent of both of the parties hereto. 9) HAZARDOUS ENVIRONMENTAL CONDITIONS OR MATERIALS a. Consultant’s services exclude any services related to hazardous materials or a hazardous environmental condition, including hazardous materials as defined by federal, state and local law. Discovery of hazardous materials after the date of execution of this Agreement mandates renegotiation of Consultant’s scope of work or suspension or termination of services. b. The Client hereby waives any claim against Consultant, and shall timely pay, assume, defend, indemnify, and hold Consultant harmless from any claim or liability for injury, loss, damages or expenses arising from hazardous materials. 10) DISPUTE RESOLUTION a. All claims or disputes arising out of this Agreement shall first be addressed through non-binding mediation and no litigation or arbitration shall occur unless said mediation is unsuccessful in resolving any such claims or disputes. 11) RECOVERY OF DISPUTE RESOLUTION COSTS a. In the event that legal action is brought by either party against the other, the prevailing party shall be timely reimbursed by the other party for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if SERVICE AGREEMENT, 4 OF 11 Revised 2019 Client Initials ________ any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and its employees in defense of the legal action, including researching the issues in question, discussing matters with attorneys and others, preparing for depositions and hearings, responding to interrogatories and requests for production of documents, and so on. b. The value of time spent and the expenses incurred shall, on Consultant's part, be computed based upon Consultant's prevailing fee schedule and expense reimbursement policy. 12) EXTENT OF AGREEMENT AND AMENDMENTS a. This Agreement, including any attachments and the Terms and Conditions, represents the entire agreement between the Client and Consultant and supersedes all prior negotiations, representations or agreements, written or oral. b. Client may furnish to Consultant a signed copy of this Agreement by scanned or facsimile media and Consultant may rely upon the authority of such media. c. A signed Agreement constitutes a notice to proceed in the absence of any written directive otherwise from Client. d. This Agreement may be amended only by written instrument duly executed by both Client and Consultant. For purposes of signatures on any amendments, Client and Consultant agree that e-mail directives, or scanned or faxed signatures are acceptable and that each party may rely upon the authority of such communications. 13) ACCESS TO RECORDS AND REPORTS The Consultant shall maintain an acceptable cost accounting system. The Consultant agrees to provide the Client, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Consultant agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 14) BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the Consultant or its subconsultants may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Client will provide Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Client reserves the right to withhold payments to Consultant until such time the Consultant corrects the breach or the Client elects to terminate the contract. The Client’s notice will identify a specific date by which the Consultant must correct the breach. Client may proceed with termination of the contract if the Consultant fails to correct the breach by deadline indicated in the Client’s notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. 15) GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. 16) CIVIL RIGHTS - TITLE VI CLAUSES Compliance with nondiscrimination requirements: During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”), agrees as follows: 1. Compliance with Regulations: The Consultant (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. SERVICE AGREEMENT, 5 OF 11 Revised 2019 Client Initials ________ 2. Nondiscrimination: The Consultant, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subconsultant or supplier will be notified by the Consultant of the Consultant’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Consultant’s noncompliance with the non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Consultant under the contract until the Consultant complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subconsultant, or supplier because of such direction, the Consultant may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Authorities During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Consultant”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and consultants, whether such programs or activities are Federally funded or SERVICE AGREEMENT, 6 OF 11 Revised 2019 Client Initials ________ not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). 17) CLEAN AIR AND WATER POLLUTION CONTROL Consultant agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Consultant agrees to report any violation to the Client immediately upon discovery. The Client assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. 18) CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this clause. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in SERVICE AGREEMENT, 7 OF 11 Revised 2019 Client Initials ________ paragraphs (1) through (4) of this clause. 19) DEBARMENT AND SUSPENSION Certification of Consultant Regarding Debarment By submitting a bid/proposal under this solicitation, the Consultant certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. Certification of Lower Tier Consultants Regarding Debarment The Consultant, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction", must verify each lower tier participant of a “covered transaction" under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Consultant will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov 2. Collecting a certification statement similar to the Certificate of Consultant Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract If the FAA later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. 20) DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§ 26.13) – The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DGT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Contractor from future bidding as non-responsible. Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Client. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Client. This clause applies to both DBE and non-DBE subcontractors. 21) TEXTING WHEN DRIVING In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. 22) ENERGY CONSERVATION REQUIREMENTS Consultant and Subconsultant agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201et seq.). 23) FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, SERVICE AGREEMENT, 8 OF 11 Revised 2019 Client Initials ________ the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. 24) CERTIFICATION REGARDING LOBBYING The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 25) OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All contracts and subcontracts that result from this agreement incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The Consultant shall provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Consultant retains full responsibility to monitor its compliance and their subconsultant’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The Consultant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. 26) SEISMIC SAFETY The Consultant agrees to ensure that all work performed under this contract, including work performed by subconsultants, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. 27) CERTIFICATION OF CONSULTANT REGARDING TAX DELINQUENCY AND FELONY CONVICTIONS 1) The Consultant represents that it is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. 2) The Consultant represents that it is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months. 28) TERMINATION OF CONTRACT Termination for Convenience (Professional Services) SERVICE AGREEMENT, 9 OF 11 Revised 2019 Client Initials ________ The Client may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Client, the Contractor must immediately discontinue all services affected. Upon termination of the Agreement, the Consultant must deliver to the Client all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Consultant under this contract, whether complete or partially complete. Client agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Client further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Termination for Default (Professional Services) Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to: 1. Perform the services within the time specified in this contract or by Owner approved extension; 2. Make adequate progress so as to endanger satisfactory performance of the Project; or 3. Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services. Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner. b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner: 1. Defaults on its obligations under this Agreement; 2. Fails to make payment to the Consultant in accordance with the terms of this Agreement; 3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant. Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract. In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. 29) TRADE RESTRICTION CERTIFICATION) By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror - SERVICE AGREEMENT, 10 OF 11 Revised 2019 Client Initials ________ 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. 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 USC Section 1001. The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. 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 an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 3) who incorporates in the public works project any product of a foreign country on such USTR list. 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. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 30) VETERAN’S PREFERENCE In the employment of labor (excluding executive, administrative, and supervisory positions), the Consultant and all sub- tier consultants must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. End of federally mandated contract provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: ADDRESS: BY: TITLE: SIGNATURE: DATE: CLIENT: ADDRESS: City of Rexburg 35 N 1'1 East Rexburg, ID 83440 Keith Davidson, PE Public Works Director Madison County 134 E Main Rexburg, ID 83440 BY: Jon Weber TITLE: Chairman SIGNATURE: DATE: SERVICE AGREEMENT, 11 OF 11 T-0 Engineers, Inc. 2211 W 3000 S, STE B Heber City, UT 84032 BY: TITLE: Jeremy McAlister, PE Project Manager SIGNATURE: 9== , DATE: 3//t,/2¢, Revised 2019 Client Initials ___ _ Professional Services Agreement RXE SRE - Scope of Work March 11, 2020 PAGE A-1 EXHIBIT A Rexburg – Madison County Airport (RXE) Rexburg, Idaho FY 20 Acquire Snow Removal Equipment AIP 3-16-0031-018-2020 Acquire Multi-Directional, Four-Wheel Drive Tractor with Attachments for use as Snow Removal Equipment The Owner intends to acquire a multi directional, four-wheel drive tractor with attachments for use as snow removal equipment. It is anticipated that AIP will fund 90.00% of eligible project costs (match for non-primary, general aviation airports in Idaho is 90.00%). The Rexburg-Madison County Airport will fund 7.5% of eligible project costs with the remaining 2.5% to be funded by the State of Idaho (ITD). The estimated budget for the work is approximately $300,000 for SRE Acquisition. Professional services to be provided shall include all phases of the project, including design, bidding, construction administration, closeout and grant administration. Design professional services to be provided shall include incidental planning, preparation of construction documents, grant administration, preliminary design, final design, and the overall coordination of all phases of the project with the Owner and the FAA. Design Services and associated expenses (Phases 1-4 below) will be provided on a lump sum basis. This Agreement also includes bidding, procurement, closeout/documentation and additional services necessary to complete the project. Services and associated expenses for these phases (Phases 5-8 below) will be provided on a cost plus fixed fee basis. Owner must perform a price or cost analysis for this contract. To properly evaluate the cost an independent fee estimate (IFE) is required prior to receiving consultant’s proposals per AC 150/5100-14E. Because the anticipated value is less than $100,000 the Owner can satisfy IFE requirements by comparing A/E contract with previous contracts of a similar nature or preparing a detailed fee/cost analysis. State aviation personnel who have experience with the services involved may also prepare the IFE for the Owner’s use. Professional services anticipated include services necessary to accomplish the following: • Contract Administration • Planning and Formulation • Preliminary Design • Final Design • Project bidding assistance and administration • Grant administration • Inspection/Delivery Services • Closeout • Coordination of all phases of the Project with the Owner and the FAA. Professional Services Agreement RXE SRE - Scope of Work March 11, 2020 PAGE A-2 CONTRACTS AND BIDDING: The SRE bid package will be structured with a base bid along with alternates for the attachments. The bidding and construction documents will be structured to allow flexibility in award, depending on available funding. After bids are opened, Consultant and Owner will discuss possible award options. If adequate funds are available from all sources, all work will be awarded. Award of all elements may not be possible. This agreement does not include any services related to repackaging or re-bidding work elements at a later date. If such services are necessary, they will be added by amendment or considered an additional service to this agreement. SCOPE OF PROFESSIONAL SERVICES PHASE 1 - CONTRACT ADMINISTRATION During the course of the Project the following general administrative services shall be provided. 1.1 Coordinate with Owner to evaluate scope, budget and approach to project. Coordination is anticipated to be via teleconference and email when necessary. 1.2 Prepare an Agreement including a detailed Scope of Professional Services narrative. Review the Scope with Owner and FAA and modify as necessary, based on comments received. The Agreement shall also include a detailed cost proposal based on estimates of professional service man hours, hourly rates and lump sum costs required to accomplish the design development and construction administration of the work. 1.3 Advise and coordinate with Owner, FAA, ITD and staff through Phases 1-4 tasks. 1.4 Project management and administration to include monthly cost accounting and budget analysis, invoicing and monitoring of project progress. PHASE 2 - PLANNING AND FORMULATION The following Consultant tasks shall be considered planning and formulation relative to this project: 2.1 Prepare for and participate in a pre-design conference with FAA personnel and the Owner. This conference shall be conducted according to current guidance from the FAA Northwest Mountain Region. The conference will take place via conference call. After the meeting, prepare notes to document what was discussed. 2.2 SRE Acquisition Tasks: 2.2.1 Document the need for the equipment, submit to the Owner and FAA in the form of a letter report and coordinate with the FAA and Owner as required. Documentation will be done in accordance with the current version of FAA AC 150/5220-20, Airport Snow and Ice Control Equipment and FAA AC 150/5200-30, Airport Winter Safety and Operations. 2.2.2 Review alternatives for equipment and attachments with Owner and select the type of equipment that will meet the Owner’s needs. Professional Services Agreement RXE SRE - Scope of Work March 11, 2020 PAGE A-3 PHASE 3 - PRELIMINARY DESIGN The preliminary design services shall commence upon completion of Phase 2 tasks. Preliminary design phase services shall include: 3.1 SRE Acquisition Tasks: 3.1.1 Prepare a cost estimate for the proposed equipment and attachments. 3.1.2 Prepare preliminary specifications and bidding documents. Submit copies to FAA and Owner for review. 3.2 Assume one preliminary design review teleconference attended by two members of T-O project staff. PHASE 4 - FINAL DESIGN The Final Design phase shall include the preparation of detailed construction specifications, required design report, cost estimates, bid and contract documents suitable for obtaining competitive bids for acquisition of equipment. Final Design Services shall include the following work tasks: 4.1 SRE Acquisition Tasks: 4.1.1 Prepare final acquisition specifications and bid documents based on the current version of FAA AC 150/5220-20 “Airport Snow and Ice Control Equipment” and FAA AC 150/5300- 30 “Airport Winter Safety and Operations”, including regional Notices published by the FAA Northwest Mountain Region. 4.1.2 Prepare a final Consultant’s opinion of probable acquisition cost, based on the final documents. 4.1.3 Prepare the Consultant’s Design Report in conformance with FAA guidelines and submit for FAA review. 4.1.4 Submit specifications and design report to Owner and FAA for final review and comment. An on-site design review meeting is not anticipated. Comments will be discussed via telephone and email. 4.1.5 Revise specifications and bid documents based on final review comments and prepare 100% (bid set) documents. Submit up to three complete sets of final documents to Owner and one set of final documents to the FAA. 4.2 Coordinate with the Owner and FAA during this phase of the project. On-site meetings are not anticipated during this phase. Professional Services Agreement RXE SRE - Scope of Work March 11, 2020 PAGE A-4 PHASE 5 - BIDDING Assist the Owner in the competitive sealed bid and contractor selection process for SRE Acquisition. Prepare and process contract award and construction agreement documents for the Owner. Bidding phase services shall include the following tasks: 5.1 SRE Acquisition Tasks: 5.1.1 Administer the public bid advertisement process including bid document reproduction and distribution of documents to plan rooms, contractors and suppliers. Prepare advertisement(s) for the project and submit to appropriate newspaper(s) for publication. Maintain a “bidders list” and distribute plans as requested. Assist Owner in promoting bidder interest in an appropriate geographic area for project work tasks. 5.1.2 Respond to questions that arise during the Contractors’ bid preparation process. Issue addenda or other clarifications as required. 5.1.3 Assist the Owner in preparation for the project Bid Opening as required, including preparation of a Project Bid Summary form. It is anticipated that the Consultant will not attend the Bid Opening in Rexburg. After opening bids, Owner will send copies to T-O Engineers’ Meridian office, to evaluate the qualifications of bidders and responsiveness to bidding criteria, including compliance with Buy American requirements. 5.1.4 Prepare a detailed Bid Tabulation documenting bid results and submit to Owner and FAA. 5.1.5 Assist the Owner with review and analysis of bids received, in accordance with Table 3-67 in FAA Order 5100.38d, Change 1. Provide Consultant’s recommendation of award letter to Owner. 5.1.6 Prepare and distribute Notice of Award, Construction Agreement and other contract documents. Review Construction Agreement, bonds and insurance documents submitted by Contractor, and assist Owner and Contractor in processing documents for the project. 5.1.7 Coordinate with FAA and Owner throughout the bid and award process. Submit bid documentation, including copies of all executed contract documents as required by the FAA. 5.2 No trips are anticipated for this phase of work, coordination will be conducted over the phone or via email. Professional Services Agreement RXE SRE - Scope of Work March 11, 2020 PAGE A-5 PHASE 6 – PROCUREMENT During the procurement phase, the Consultant shall administer all aspects of the procurement contract over which the Consultant can be expected to have realistic control in order to assist the Owner in monitoring and documenting the procurement process for specification and schedule compliance, quality assurance, and cost control. Procurement and construction phase services shall more specifically include the following work tasks: 6.1 SRE Acquisition Tasks include: 6.1.1 Prior to equipment delivery: identify anticipated submittals and submittal schedule, advise successful bidder as to the requirements; review Supplier’s submittals for compliance with specifications, identify any deviations noted, assist in coordination of resubmittals, clarify specifications and document submittal process; review Supplier’s production and delivery schedule for compliance with contract requirement, identify any deviations noted and document delivery process. 6.1.2 Review Contractor Pay Requests (four anticipated). Submit pay request to the Owner for approval and signature. 6.1.3 Participate in inspection/certification of compliance of equipment upon delivery and initial startup. 6.1.4 Assist Owner in documentation of deficiencies, if noted, and coordination of their correction/resolution with supplier as requested by Owner. 6.2 Travel time for Consultant personnel associated with tasks listed in Phase 6. One trip for two personnel is anticipated, additional trips can be added at the Owner’s discretion. PHASE 7 – CLOSEOUT/DOCUMENTATION Phase 7 shall consist of project closeout and documentation services. Operational phase services shall include the following tasks: 7.1 Document the Project work and accomplishments in a Final Construction Report in accordance with FAA guidelines including final SF 271 and SF 425. 7.2 Coordinate with Contractors on Owner’s behalf to obtain lien releases from Contractor in preparation to making final payment. Coordinate with Contractors, Owner and the Idaho State Tax Commission to obtain a tax release prior to releasing any retainage. 7.3 Assist Owner with overall budget status analysis and reports, closeout documentation review, and coordination with the FAA, as requested by the Owner. Assist in preparation of required project closeout certifications. Professional Services Agreement RXE SRE - Scope of Work March 11, 2020 PAGE A-6 PHASE 8 – ADDITIONAL SERVICES Consultant shall provide the following services as “Additional Services”: 8.1 Assist the Owner with Grant Administration tasks. 8.1.1 Prepare a Grant Application for submittal to FAA. Update the Grant Application for FAA- AIP funding assistance based on project bid results. Assist Owner in coordination of Grant Application submittal and process. 8.1.2 Assist the Owner to prepare and process required certifications for submittal to the FAA including Selection of Consultants, Plans and Specifications, Construction/Equipment Contracts, Drug Free Workplace and any other required certifications. 8.1.3 Assist the Owner with preparation of annual SF 271 and SF 425. 8.1.4 Assist the Owner with quarterly performance reports for SRE Acquisition and in accordance with Table 5-18 of FAA Order 5100.38d. 8.1.5 Assist the Owner with ITD Grant Application and Administration 8.2 Assist the Owner with Disadvantaged Business Enterprise (DBE) annual reporting for FY 2020 and goal setting for FY 2021-2023. 8.3 Environmental Coordination: 8.3.1 SRE Acquisition - It is assumed the SRE Acquisition will be categorically excluded from further environmental study with preparation of an environmental clearance letter. Coordinate with the Helena ADO to prepare and submit letter request for categorical exclusion. This item does not include additional preparation of a categorical exclusion checklist or any further environmental clearance documentation. 8.4 Assist and coordinate with independent auditors in locating appropriate documents for performing A-133 annual audit. In addition to finding appropriate project files, answer questions concerning Contractors wage rates and interview forms as required. Professional Services Agreement RXE SRE - Scope of Work March 11, 2020 PAGE A-7 PROJECT SCHEDULE: This project will be designed and bid in order to meet FAA deadlines for receiving bids and issuing grants. The following dates summarize the target completion of significant project tasks. ACTIVITY COMPLETION Submit Draft Scope and Fee to Owner and FAA March 4, 2020 Contract Negotiation Complete March 16, 2020 Contract Approval March 24, 2020 Initiate Procurement (SRE) March 26, 2020 Complete Preliminary Procurement Documents (SRE) April 8, 2020 Advertise SRE Project April 14, 2020 Procurement Documents Available (SRE) April 17, 2020 Bid Opening (SRE) April 29, 2020 Award Project May 29, 2020 SRE Delivery TBD Closeout TBD Dates are subject to change, based on grant timing, Contractor’s ability to maintain schedule and the needs of the Owner. Re x b u r g - M a d i s o n C o u n t y A i r p o r t AIP 3-16-0031-018-2020 Exhibit B Basis of Cost Analysis La b o r W o r k s h e e t Pr i n S P M P M / P E D E E I T I n s p I n s p ( O T ) G I S T e c h S M S u r v A d m . T o t a l $6 8 $5 5 $3 6 $2 9 $2 7 $3 7 $5 5 $2 0 $5 2 $3 1 $2 3 Hours Ta s k 1 - C o n t r a c t A d m i n i s t r a t i o n 1. 1 S c o p e a n d B u d g e t 2 2 1 5 2 0 3 . 8 6 $ 1. 2 P r e p a r e A g r e e m e n t 1 2 1 4 2 0 0 . 0 4 $ 1. 3 Ad v i s e a n d C o o r d i n a t e w i t h O w n e r , S t a f f a n d F A A Ph a s e s 1 - 4 5 1 0 15 6 3 1 . 7 0 $ 1. 4 P r o j e c t M a n a g e m e n t & A d m i n i s t r a t i o n 4 1 2 2 1 8 6 9 3 . 8 8 $ Su b t o t a l , T a s k 1 1 13 24 0 0 0 0 0 0 0 4 42 1,729.48 $ Ta s k 2 - P l a n n i n g a n d F o r m u l a t i o n . 2. 1 P r e - D e s i g n C o n f e r e n c e 2 2 2 6 2 2 6 . 5 8 $ 2. 2 D o c u m e n t S R E N e e d i n L e t t e r R e p o r t 1 4 5 1 9 7 . 8 8 $ 2. 3 R e v i e w E q u i p m e n t A l t e r n a t i v e s w / O w n e r 1 4 5 1 9 7 . 8 8 $ Su b t o t a l , T a s k 2 0 4 10 0 0 0 0 0 0 0 2 16 622.34 $ Ta s k 3 - P r e l i m i n a r y D e s i g n 3. 1 P r e l i m i n a r y C o s t E s t i m a t e 1 5 6 2 3 3 . 6 5 $ 3. 2 P r e l i m i n a r y S p e c s a n d B i d D o c s 1 2 0 3 2 4 8 3 8 . 3 6 $ 3. 3 D e s i g n R e v i e w T e l e c o n f e r e n c e 1 2 3 1 2 6 . 3 4 $ Su b t o t a l , T a s k 3 0 3 27 0 0 0 0 0 0 0 3 33 1,198.35 $ Ta s k 4 - F i n a l D e s i g n 4. 1 P r e p a r e F i n a l S p e c s a n d B i d D o c s 1 2 1 8 21 6 2 0 . 6 2 $ 4. 2 P r e p a r e F i n a l O p i n i o n o f P r o b a b l e C o s t 1 6 7 2 6 9 . 4 2 $ 4. 3 P r e p a r e D e s i g n R e p o r t 1 1 2 13 4 8 4 . 0 4 $ 4. 4 F i n a l D e s i g n R e v i e w T e l e c o n f e r e n c e 1 2 3 1 2 6 . 3 4 $ 4. 5 F i n a l R e v i s i o n s B a s e d o n R e v i e w N o t e s 1 4 2 7 2 4 3 . 3 2 $ Su b t o t a l , T a s k 4 0 5 26 0 18 0 0 0 0 0 2 51 1,743.74 $ Su b t o t a l , T a s k s 1 - 4 1 25 87 0 18 0 0 0 0 0 11 142 5,293.91 $ Ta s k 5 - B i d d i n g 5. 1 B i d d i n g A d m i n i s t r a t i o n / S o l i c i t a t i o n f o r Q u o t e s 4 2 6 1 8 8 . 5 2 $ 5. 2 R e s p o n d t o Q u e s t i o n s f r o m B i d d e r s 2 1 2 14 5 3 8 . 8 4 $ 5. 3 As s i s t O w n e r i n B i d E v a l u a t i o n 1 4 5 197.88 $ 5. 4 Pr e p a r e B i d T a b u l a t i o n , S u b m i t t o O w n e r a n d F A A 1 1 3 5 158.73 $ 5. 5 Pr o v i d e R e c o m m e n d a t i o n o f A w a r d 1 1 2 4 136.01 $ 5. 6 P r e p a r e C o n t r a c t D o c s , R e v i e w a n d P r o c e s s 1 4 4 9 2 8 8 . 7 6 $ 5. 7 C o o r d i n a t e w i t h O w n e r a n d F A A 2 4 2 8 2 9 8 . 1 2 $ Su b t o t a l , T a s k 5 0 5 24 0 0 0 0 0 0 0 8 37 1,314.24 $ Ta s k 6 - P r o c u r e m e n t 6. 1 Pr e - C o n s t r u c t i o n C o o r d i n a t i o n a n d S u b m i t t a l R e v i e w 2 1 8 3 2 3 8 2 1 . 6 2 $ 6. 2 R e v i e w C o n t r a c t o r P a y R e q u e s t s 2 5 3 1 0 3 5 6 . 6 1 $ 6. 3 I n s p e c t i o n / C e r t i f i c a t i o n o f E q u i p m e n t C o m p l i a n c e 2 5 7 2 8 8 . 4 5 $ 6. 4 A s s i s t O w n e r i n D o c u m e n t a t i o n o f D e f i c i e n c i e s 8 8 2 8 6 . 1 6 $ Ac q u i r e S n o w R e m o v a l E q u i p m e n t March 13, 2020 De s c r i p t i o n Ta s k Fee Pe r s o n n e l H o u r l y Re x b u r g - M a d i s o n C o u n t y A i r p o r t AIP 3-16-0031-018-2020 Exhibit B Basis of Cost Analysis La b o r W o r k s h e e t Pr i n S P M P M / P E D E E I T I n s p I n s p ( O T ) G I S T e c h S M S u r v A d m . T o t a l $6 8 $5 5 $3 6 $2 9 $2 7 $3 7 $5 5 $2 0 $5 2 $3 1 $2 3 Hours Ac q u i r e S n o w R e m o v a l E q u i p m e n t March 13, 2020 De s c r i p t i o n Ta s k Fee Pe r s o n n e l H o u r l y 6. 5 T r a v e l T i m e 8 8 16 7 2 4 . 5 6 $ Su b t o t a l , T a s k 6 0 14 44 0 0 0 0 0 0 0 6 64 2,477.40 $ Ta s k 7 - C l o s e o u t / D o c u m e n t a t i o n 7. 1 F i n a l R e p o r t 2 8 5 1 5 5 0 9 . 3 6 $ 7. 2 L i e n R e l e a s e a n d F i n a l P a y m e n t C o o r d i n a t i o n 4 2 6 1 8 8 . 5 2 $ 7. 3 F i n a l C l o s e o u t a n d O w n e r / F A A C o o r d i a t i o n 1 6 4 1 1 3 6 0 . 3 0 $ Su b t o t a l , T a s k 7 0 3 18 0 0 0 0 0 0 0 11 32 1,058.18 $ Ta s k 8 - A d d i t i o n a l S e r v i c e s 8. 1 P r e p a r e G r a n t A p p l i c a t i o n 1 0 4 5 1 4 5 . 6 8 $ 8. 2 S p o n s o r C e r t i f i c a t i o n s 1 1 2 4 1 3 6 . 0 1 $ 8. 3 S F 2 7 1 & S F 4 2 5 4 4 1 4 3 . 0 8 $ 8. 4 Q u a r t e r l y P e r f o r m a n c e R e p o r t s 4 4 1 4 3 . 0 8 $ 8. 5 I T D G r a n t A p p l i c a t i o n a n d A d m i n 2 4 5 1 1 3 6 6 . 2 8 $ 8. 6 D B E G o a l R e p o r t i n g , D e v e l o p m e n t a n d U p d a t e 2 40 4 2 9 8 0 . 3 4 $ 8. 7 P r e p a r e S R E A c q u i s i t i o n C A T E X L e t t e r 2 2 7 1 . 5 4 $ 8. 8 A u d i t C o o r d i n a t i o n 1 4 2 7 2 4 3 . 3 2 $ Su b t o t a l , T a s k 8 0 5 21 0 0 0 0 0 0 0 53 79 $2,229.33 Su b t o t a l , T a s k s 5 - 8 0 2 7 1 0 7 0 0 0 0 0 0 0 7 8 2 1 2 7 , 0 7 9 . 1 5 $ To t a l , T a s k s 1 - 8 1 5 2 1 9 4 0 1 8 0 0 0 0 0 8 9 3 5 4 1 2 , 3 7 3 . 0 6 $ Rexburg - Madison County Airport AIP 3-16-0031-018-2020 Exhibit B Basis of Cost Analysis Fee Summary 1. Personnel Costs Classification Title Hours Rate/Hour Cost Prin Principal 1 $67.72 $67.72 PM Senior Project Manager 25 $54.80 $1,370.00 PE Project Manager/Project Engineer 87 $35.77 $3,111.99 DE Design Engineer 0 $29.04 $0.00 EIT Engineer-In-Training 18 $27.46 $494.28 CM Construction Manager/Specifier 0 $36.59 $0.00 Insp Inspector 0 $54.89 $0.00 GIS GIS Technician 0 $19.63 $0.00 SM Survey Manager 0 $52.10 $0.00 Surv Surveyor 0 $30.90 $0.00 Adm. Administrative Assistant 11 $22.72 $249.92 Totals: 142 $5,293.91 Overhead $6,596.74 Profit $2,000.00 Total Labor $13,890.65 2. Subconsultant Fees Assumption of Risk Subtotal, Subconsultant Fees:$0.00 3. Reimbursable Expenses Description Number Unit Cost Cost Vehicle Travel (Per Mile)0 $0.65 $0.00 Lodging (Per Night)0 $140.00 $0.00 Airline Travel (Per Roundtrip)0 $0.00 $0.00 Meals (Lump Sum)0 $50.00 $0.00 Computer - CADD (Per Hour)0 $5.00 $0.00 GPS Survey Equipment (Per Hour) 0 $0.00 $0.00 Document Reproduction (Lump Sum) 1 $400.00 $400.00 Phone, Fax, Postage (Lump Sum) 1 $200.00 $200.00 Subtotal, Reimbursable Expenses $600.00 TASKS 1-4 TOTAL FEE (1+2+3):$14,490.65 March 13, 2020 Tasks 1-4 (Lump Sum) Acquire Snow Removal Equipment 4. Personnel Costs Classification Title Hours Rate/Hour Cost Prin Principal 0 $67.72 $0.00 PM Senior Project Manager 27 $54.80 $1,479.60 PE Project Manager/Project Engineer 107 $35.77 $3,827.39 DE Design Engineer 0 $29.04 $0.00 EIT Engineer-In-Training 0 $27.46 $0.00 CM Construction Manager/Specifier 0 $36.59 $0.00 Insp Inspector 0 $54.89 $0.00 GIS GIS Technician 0 $19.63 $0.00 SM Survey Manager 0 $52.10 $0.00 Surv Surveyor 0 $30.90 $0.00 Adm. Administrative Assistant 78 $22.72 $1,772.16 Totals: 212 $7,079.15 Overhead $8,821.33 Profit $2,000.00 Total Labor $17,900.48 5. Subconsultant Fees Assumption of Risk @ 5% Subtotal, Subconsultant Fees:$0.00 6. Reimbursable Expenses Description Number Unit Cost Cost Vehicle Travel (Per Mile)1132 $0.65 $735.80 Rental Vehicle for Construction (Per Day) 0 $100.00 $0.00 Lodging (Per Night)2 $120.00 $240.00 Per Diem (Per Day)2 $55.00 $110.00 GPS Survey Equipment (Per Hour) 0 $65.00 $0.00 Legal Notice 0 $1,200.00 $0.00 Document Reproduction (Lump Sum) 1 $350.00 $350.00 Phone, Fax, Postage, Construction Supplies (Lump Sum) 1 $200.00 $200.00 Subtotal, Reimbursable Expenses $1,635.80 TASKS 5-8 TOTAL FEE (4+5+6):$19,536.28 TASKS 1-8 TOTAL FEE:$34,026.93 Tasks 5-8 (Time and Materials)