Loading...
HomeMy WebLinkAboutC2023-225 - 10/17/2023 - Approved DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 Us c 0 PROFESSIONAL SERVICE AGREEMENT NO. 4394 Airport Master Planning Services f'anwo�alev 1852 THIS Airport Master Planning Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Coffman Associates ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has agreed to provide Airport Master Planning Services, on behalf of the Aviation Department, for preparation of an Airport Master Plan; NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide Aviation Master Planning Services for the Aviation Department ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 2. Term. This Agreement is for 18 months. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1 ,737,189.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Professional Service Agreement-CCIA Master Plan Page 1 of 5 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Tyler Miller, Deputy Director Aviation Department Phone: 361-826-1777 Email: Tylerm@cctexas.com 5. Insurance; Bonds; License. Intentionally deleted. 6. Standard of Care. Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services under the same professional license. 7. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 8. Independent Contractor. In performing this Agreement, both the City and Contractor shall act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. Contractor shall perform all professional services as an independent contractor and shall furnish such Services in its own manner and method, and under no circumstance or condition shall an employee, agent, or representative of either party be considered or construed to be an employee, agent, or representative of the other party. 9. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. Professional Service Agreement-CCIA Master Plan Page 2 of 5 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 10. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 11. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 12. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 13. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Tyler Miller, Deputy Director Aviation Department 1000 International, Corpus Christi, TX 78406 Phone: 361-826-1777 Fax: 361-826-3232 IF TO CONTRACTOR: Coffman Associates Attn: Mike Dmyterko, President 12920 Metcalf Avenue, Suite 200, Overland Park, KS 66213 Phone: 816-524-3500 Fax: 816-524-2575 14. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Professional Service Agreement-CCIA Master Plan Page 3 of 5 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 15. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 16. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 17. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 18. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; followed, in turn, by its exhibits. Professional Service Agreement-CCIA Master Plan Page 4 of 5 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 19. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 20. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 21. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties CONTRACTOR cuSigned by: Signature: F""- vm`? ' Printed Name: mike Dmyterko Title: President Date: 9/8/2023 Ord.033195 Authorized By CITY OF CORPUS CHRISTI Council 10/17/2023 DocuSigned by: r_ ,�- ` 10/18/2023 Ds Josh ron ey Date Er-;/s Assistant Director, Finance - Procurement APPROVED AS TO LEGAL FORM: DocuSigned by: ATTEST 10/18/2023 Docusigned by: Assistant City Attorney Date Rebecca Huerta Attached and Incorporated by Reference: City Secretary Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP/RFQ No. 4394 Exhibit 2: Contractor's Bid/Proposal Response Professional Service Agreement-CCIA Master Plan Page 5 of 5 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 Attachment A: Scope of Work General Requirements The Contractor/Consultant shall have extensive, recent and direct experience in all phases of an Airport Master Planning development including aviation planning, environmental planning and permitting, aviation engineering, and financial planning for airports. 1.1 Scope of Work The scope of work shall include, but will not be limited to: A. Pre-planning - The pre-planning process includes an Initial Needs Determination and Development of Study Design. B. Public Involvement- Establish a public involvement program and identify and document the key issues of various stakeholders. Establish a stakeholder engagement program that provides updates and progress reports to internal and external stakeholders. This program may be hosted on the airport website with coordination with the Airport Marketing Manager. C. Existing Conditions - Document current airport inventory and compile pertinent data for use in subsequent plan elements. D. Aviation Forecasts - Develop forecasts of aeronautical demand for short- , medium-, and long-term time frames. E. Facility Requirements-Assess the ability of the existing airport, both airside and landside, to support the forecasted demand. Identify the demand levels that will trigger the need for facility additions or improvements and estimate the extent of new facilities that may be required to meet that demand. F. Alternatives Development and Evaluation - Identify options to meet projected facility requirements and alternative configurations for each major component. Assess the expected performance of each alternative against a wide range of evaluation criteria, including its operational, environmental, and financial impacts. G. Environmental Considerations - Determine the environmental requirements needed to move forward with each project in the recommended development program. Page 1 of 4 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 H. Financial Feasibility Analysis - Identify the financial plan for the airport, describe how the sponsor will finance the projects recommended in the master plan, and demonstrate the financial feasibility of the program. I. Airport Layout Plans (ALP) -Develop a set of drawings that provides a graphic representation of the long-term development plan for an airport. The ALP should be compatible with the latest submission guidance from the FAA regarding e-ALP. The ALP should implement GIS technology to the extent practical for an airport of this size and nature. J. Facilities Implementation Plan - Provide a summary description of the recommended improvements and associated costs. K. The final deliverable shall be a hard bound copy and digital copy of all documents and analysis listed above, including a comprehensive narrative, executive summary, and supporting documentation of all aspects. The final product must be accepted by the FAA (Federal Aviation Administration) and the ALP must be approved. L. Additionally, all ALP pages, key maps and renderings, and other informative or graphical information should be presented in poster format for display in hallways, offices, or meeting spaces. 1.2 Special Instructions In addition to the general requirements stated above, the project will have special emphasis on determining a recommended course of action for meeting all FAA Airport Design criteria for the current and future critical aircraft. The master plan consultant will need to discuss the firm's approach to the following specific tasks as they relate to the Corpus Christi International Airport: A. General/Airport Planning 1 . Research history of Corpus Christi International Airport. 2. Create Asset Management Plan for aging infrastructure using operating and capital budget sources. 3. Recommend land acquisitions for future growth. 4. Create Pavement Management and Maintenance Program for all movement and non-movement surfaces on airfield. 5. Review and recommend Rates and Charges as part of the Financial Feasibility Analysis. 6. Conduct gap analysis and recommend actions to meet projected Page 2 of 4 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 demand from industry electrification on landside and airside infrastructure, to include electrical infrastructure sources and overall grid condition/capacity. 7. Recommend sustainability-focused implementation actions and plans. B. Terminal Development 1 . Methods to introduce a second public elevator. 2. Triggers for concourse expansion, to include a second set of concourse restrooms. 3. Planning for in-line baggage system in 5-year ACIP (Airport Capital Improvement Program). C. Aeronautical Development 1 . Aeronautical development and use of land adjacent to Taxiway Q. 2. Air cargo development. 3. Aeronautical development on east edge of airfield. 4. Aeronautical development on southwest portion of airfield. D. Urban Air Mobility 1 . Development of a vertiport to support advanced air mobility (AAM) or urban air mobility (UAM). 2. Designated location for unmanned aerial systems (UAS) operations. E. Nonaeronautical Development 1 . Creation of a Land Use Plan for all landside property and potential nonaeronautical development uses. 2. Creation of specification sheets for each parcel of available land, including analysis of present utilities. 3. Airport layout for existing and future landside development including transportation and circulation layouts. 4. Implementation of solar energy or microgrids, on airfield or landside property. 1.3 Other Considerations The selected Consultant should be present for initial site visits and inventory. The City seeks to hold at least biweekly progress meetings throughout the Page 3 of 4 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 process, and may request the Consultant to present to the Airport Board or City Council during and after the Master Planning process. Page 4 of 4 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 Attachment B: Bid/Pricing Schedule CORPUS CHRISTI INTERNATIONAL AIRPORT(CCIA) Airport Master Plan Coffman Associates(Hourly Rates and Expenses) Senior I Technical/ Principal Professional Professional Support Total $303 $279 $166 1 $118 Labor Expenses Total ELEMENT 1-STUDY INITIATION AND ORGANIZATION 1.1 Study Design 4 4 4 8 $3,936 $0 $3,93 1.2 Establish Technical Advisory Committee and Kick-Off Meeting 8 8 8 8 $6,928 $2,500 $9,42 1.3 Develop and Maintain Project Website 0 8 36 48 $13,872 $0 $13,872 1.4 Project Management-Project Scoping/budgeting 0 4 8 8 $3,388 $0 $3,38 1.5 Project Management-Billing and Contract Management 4 8 12 12 $6,852 $0 $6,852 1.6 Project Management-Project Coordination with Sponsor 24 80 40 36 $40,480 $7,500 $47,98 1.7 Project Management-Subconsultant Management/Coordination 1 241 801 1601 160 $75,032 $0 $75,032 Element 1 Subtotal 1 641 1921 2691 280 $150,4881 $10,000 $160,488 INVENTORY 2.1 Inventory Airport Facilities(On Site Visit Combined with Kick-off) 121 121 121 8 $9,920 $0 $9,92 2.2 Inventory Commercial Airline,Air Traffic,and Airspace 0 4 4 4 $2,252 $0 $2,252 2.3 Inventory Local Plans,Land Uses,and Demographic Data 01 4 4 4 $2,2521 $0 $2,252 2.4 Obtain Tabulated Wind Data 01 01 01 4 $472 $0 $472 2.5 Environmental Inventory 1 01 81 121 18 $6,348 $0 $6,34 Element 2 Subtotal 12 281 321 38 $21,244 $0 $21,244 AVIATION •• 3.1 Review Regional Aviation and Socioeconomic Forecasts 01 41 41 8 $2,724 $0 $2,72 3.2 Prepare Aviation Demand Forecasts 8 36 48 48 $26,100 $0 $26,10 3.3 Identify Existing and Future Airport Design Critical Aircraft 4 12 12 16 $8,440 $0 $8,44 3.4 Prepare Phase I Report(15 Copies with Workbooks) 8 12 24 36 $14,004 $1,1251 $15,129 3.5 Conduct TAC Meeting#2 and Public Workshop#1 81 8 8 16 $7,872 $2,5001 $10,372 Element 3 Subtotal 1 28 72 96 124 $59,140 $3,625 $62,765 ELEMENT 4-FACILITY REQUIREMENTS 4.1 Establish Physical Planning Criteria 0 12 12 12 $6,756 $0 $6,75 4.2 Determine Airfield Capacity and Delay 4 16 18 16 $10,552 $0 $10,552 4.3 Prepare Airfield Facility Requirements 8 12 24 36 $14,004 $0 $14,00 4.4 Prepare Landside Facility Requirements 8 16 24 36 $15,120 $0 $15,12 Element 4 Subtotal 20 561 781 100 $46,432 $0 $46,432 AIRPORT •• 5.1 Establish Alternative Development Issues 1 41 81 81 85 $14,802 $0 $14,802 5.2 Evalautate Potential Airside Alternatives 41 361 481 36 $23,472 $0 $23,472 5.3 Identify Potential LandsideAltneratives 4 24 36 36 $18,132 $0 $18,132 5.4 Prepare Phase 11Report(15 Copies) 41 121 241 36 $12,7921 $1,1251 $13,917 5.5 Conduct TAC Meeting#3 and Public Workshop#2 81 81 81 16 $7,8721 $2,5001 $10,372 Element 5 Subtotal 1 24 88 124 209 $77,070 $3,625 $80,695 RECOMMENDED • ENVIRONMENTAL 6.1 Recommended Master Plan Concept 16 24 36 36 $21,768 $0 $21,76 6.2 Prepare Aircraft Noise Exposure Contours 0 16 24 24 $11,280 $0 $11,28 6.3 Land Use Controls and Plans 0 8 8 12 $4,976 $0 $4,97 6.4 Non-compatible Land Use Analysis 0 8 8 16 $5,448 $0 $5,44 6.5 Land Use Management Techniques 0 8 8 12 $4,976 $0 $4,97 6.6 Environmental Overview(NEPA) 8 12 24 36 $14,004 $0 $14,00 6.7 Waste Recycling Plan 1 01 241 361 48 $18,336 $01 $18,33 Element 6 Subtotal 24 100 144 184 $80,788 $0 $80,788 EVELOPM ENT PROG RAM 7.1 Prepare Airport Development Schedules and Cost Estimates 0 8 12 16 $6,112 $0 $6,112 7.2 Prepare Capital Program and Financial Plan 0 24 36 36 $16,920 $0 $16,92 7.3 Perfrom Financial Analysis 0 8 8 8 $4,504 $0 $4,50 7.4 Prepare Phase III Report(15 Copies) 4 12 24 36 $12,792 $1,125 $13,917 7.5 Conduct TAC Meeting#4 and Public Workshop#3 8 8 8 16 $7,872 $2,500 $10,372 Element 7 Subtotal 12 60 88 112 $48,200 $3,625 $51,825 GEOGRAPHICAL •• 8.1 1 FAA AIRPORTS GIS COLLECTION and Input Into FAA System 1 41 161 161 36 $12,580 $0 $12,58 8.2 JALP Data Collection,OAP and Part 77 Airspace Analyses/AIRS Setup 1 161 401 721 96 $39,288 $01 $39,28 Element 8 Subtotal 1 20 56 88 132 $51,868 $0 $51,868 AIRPORT 9.1 Airport Layout Plan Drawing 4 4 8 96 $14,984 $0 $14,98 9.2 Terminal Area Drawing(s) 0 4 0 24 $3,948 $0 $3,94 9.3 Part 77,Approach and Inner Surface Plan Drawings 0 8 8 84 $13,472 $0 $13,472 9.4 Departure Surface Drawings 0 4 8 36 $6,692 $0 $6,692 9.5 Airport Property Map to FAA S.O.P.3.0(Meet Part 163 Reqs) 0 8 24 40 $10,936 $10,000 $20,93 9.6 On-Airport Land Use Plan 0 4 0 16 $3,004 $0 $3,00 9.7 Preparation of Draft ALP Drawing Set 4 8 8 16 $6,660 $1,200 $7,860 9.8 Preparation of Final ALP Drawing Set 4 4 16 16 $6,8721 $1,2001 $8,072 Element 9 Subtotal 12 441 721 328 $66,5681 $12,4001 $78,968 REPORTSELEMENT 10-FINAL 10.1 Prepare Draft Final Master Plan Reports(10 Copies) 1 41 161 161 24 $11,1641 $1,5001 $12,66 10.2 jObtain Master Plan Approvals(On-site Presentation) 1 81 121 81 12 $8,5161 $2,5001 $11,01 10.3 Prepare Final Master Plan Reports(10 Copies) 1 41 161 161 36 $12,5801 $1,5001 $14,08 Element 10 Subtotal 1 16 44 40 72 $32,260 $5,500 $37,760 Page 1 of 2 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 COFFMAN ASSOCIATES PROJECT SUMMARY ELEMENT 1-STUDY DESIGN AND ORGANIZATION 64 192 268 280 $150,488 $10,000 $160,48 ELEMENT 2-INVENTORY 12 28 32 38 $21,244 $0 $21,24 ELEMENT 3-FORECASTS 28 72 96 124 $59,140 $3,625 $62,765 ELEMENT 4-FACILITY REQUIREMENTS 20 56 78 100 $46,432 $0 $46,432 ELEMENTS-ALTERNATIVES 24 88 124 209 $77,070 $3,625 $80,695 ELEMENT 6-RECOMMENDED PLAN/LAND USE/ENV 24 100 144 184 $80,788 $0 $80,78 ELEMENT 7-FINANCIAL PLAN 12 60 88 112 $48,200 $3,625, $51,825 ELEMENT 8-GIS 20 56 88 132 $51,868 $0 $51,86 ELEMENT 9-ALP DRAWINGS 12 44 72 328 $66,568 $12,400 $78,96 ELEMENT 10-FINAL REPORTS 16 44 40 72 $32,260 $5,500 $37,76 Coffman Associates,Inc.Total 232 740 1,030 1,579 $634,058 $38,775 $672,833 ELEMENT 11-SUBCONSULTANTS 11.1-ENEGINEERING SUPPORT,SMS,RESILIANCY,AND COST ESTIMATES IN ELEMENTS 2,4,5,AND 7(GARVER) $325,66 11.2-18b GIS SURVEY DATA COLLECTION SERVICES TO INCLUDE PART 77 ANALYSES IN ELEMENT 8(MTZ a DBE Firm) $150,00 11.3-FINANCIAL ANALYSIS IN ELEMENT 7(DKMG) $45,10 11.4- CARGO FORECASTING IN ELEMENT 3(HUBPOINT a DBE Firm) $86,50 11.5- TERMINAL BUILDING ANALYSIS FOR ELEMENTS 3,4,5,AND 7(ALLIANCE) $81,72 11.6- PAVEMENT MANAGEMENT AND MAITENANCE PLAN(AP TECH) $119,882 11.7-LANDSIDE DEVELOPMENT AND DRAINAGE PLAN(PARKHILL) $210,00 11.8-PUBLIC OUTREACH PROGRAM(KPS CORPUS LOCAL and a DBE Firm) $45,49 Subconsultant Total $1,0K356 PROJECT TEAM TOTAL COSTS $1,737,189 Page 2 of 2 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 Attachment C: Insurance and Bond Requirements Insurance and Bonds were intentionally deleted. Page 1 of 1 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 Attachment D: Warranty Requirements Warranty is not required with this Professional Service Agreement. Page 1 of 1 DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 ATTACHMENT E: FEDERAL REQUIREMENTS DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 E1 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. E.2 Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself,its assignees, and successors in interest(hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor(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. 2. Nondiscrimination: The Contractor,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 subcontractors,including procurements of materials and leases of equipment. The Contractor 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,proj ect, 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 Contractor for work to be performed under a subcontract,including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor'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 Contractor 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 contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor 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 Contractor'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 Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract,in whole or in part. DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 6. Incorporation of Provisions: The Contractor 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 Contractor 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 Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself,its assignees, and successors in interest(hereinafter referred to as the "Contractor") 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 § 460 1) (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 contractors,whether such programs or activities are Federally funded or 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); DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132 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 sec).