HomeMy WebLinkAboutC2023-225 - 10/17/2023 - Approved DocuSign Envelope ID:6ABF8D8E-76FF-459E-8A43-554C78A37132
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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
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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.
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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,
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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.
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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
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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.
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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
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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
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process, and may request the Consultant to present to the Airport Board or
City Council during and after the Master Planning process.
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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
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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
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Attachment C: Insurance and Bond Requirements
Insurance and Bonds were intentionally deleted.
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Attachment D: Warranty Requirements
Warranty is not required with this Professional Service Agreement.
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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).