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HomeMy WebLinkAboutC2011-164 - 5/17/2011 - ApprovedCITY OF CORPUS CHRISTI CONTRACT FOR AIE PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box9277, Corpus Christi, Nueces County, Texas 78469 -9277 (CITY) acting through its duly authorized City Manager or Designee and KSA Engineers. Inc. ;140 E. Tyler Street, Suite 600, Longview, TX 75601, (Architect/Engineer -A/E), hereby agree as follows: 1. SCOPE OF SERVICES — A/E will provide planning, architectural, engineering and construction administration services (the "Services") in support of the Planning and Architecture /Engineering Services for City of Corpus Christi — Corpus Christi International Airport (the "Project"). NE shall provide such Services as authorized from time to time by written Task Order issued by CITY and accepted by NE. NE shall provide the Basic Services as described in Exhibit A for each Task Order, in addition to any Additional Services or other Services as may be mutually agreed upon by the Parties in each respective Task Order. Each task Order shall clearly state that it is issued pursuant to this Agreement and shall identify the scope of services to be performed by A/E, the schedule for performance of the services, the method of pricing and/or compensation for services and such other matters as may be pertinent to the individual authorization. A/E shall not begin performance of any Services for any Task Order without written authorization from the Director of Engineering Services. In the event of any conflict or ambiguity between the terms and conditions of any Task Order and this Agreement, the terms of this Agreement shall control. The Director of Aviation may direct the A/E to undertake additional services provided that no increase in fee is required. Services or tasks requiring an increase of fee must be authorized and approved by the Director of Engineering Services as evidenced in writing as an amendment or Task Order to this contract. A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) for work completed under each Task Order. 2. ORDER OF SERVICES - The A/E agrees to begin performance under this Agreement upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin an any Task Order until written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, and bid phase are shown on Exhibits "A-1", "A-2", "A -3 ", "A-4" and "A-5". A/E and City agree that the initial Task Orders shall be as follows: Exhibit "A -1" Task Order No. 1 — Exhibit "A -2" Task Order No. 2 — Exhibit "A -3" Task Order No. 3 Exhibit "A -4" Task Order No. 4 — Exhibit "A -5" Task Order No. 5 - 2011 -164 M2011 -120 05/17/11 KSA Engineers Preparation of Environmental Assessment AGIS Airspace Analysis and Data Submittal /Upload Runway 17 -35 Extension /Displacement and Connecting Taxiway Project Runway 13 -31 Extension /Displacernent and Connecting Taxiway Project Taxiway Utilization Study 'Nom) 3. INDEMNITY AND INSURANCE — A/E agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B ". A/E agrees to obtain and maintain the required insurance as set forth in Exhibit "8". 4. FEE AND INVOICING — Fee for Basic Services. The AIRPORT will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Exhibit A attached hereto, and for all expenses incurred in performing these services. The fee is sublect to the availability of funds. The NE may be directed to suspend workpendina receipt and appropriation of funds. For services provided, A/E will submit monthly statements for basic services rendered. The statement will be based upon A/E's estimate (and CITY Concurrence) of the proportion of the total services actually completed at the time of billing. The A/E will be reimbursed at rates shown in the schedule of fees attached hereto as Exhibit "G ". Such fees shall be subject to yearly adjustment upon the mutual agreement of NE and CITY. All invoices will be accompanied by a cover letter summarizing the fee. The summary should briefly state the tasks, projects, and services provided. Invoices will be sequentially numbered and state the project name. The letter will state the number of the current invoice, the contract fee, the amount previously invoiced, and the current amount due. Invoices will not be submitted more often than once per month, and must be submitted in accordance with Exhibit "D ". Each Task Order shall be subject to a not to exceed amount. The not to exceed amount for Task Orders Nos. 1, 2, 3, 4 and 5 are as follows: I. For Task Order No. 1, the CITY will pay the A/E a fee, as described in Exhibit "A -1", for a total amount not to exceed $161,649 for Services authorized under This Agreement, inclusive of all Services, Time and Materials. 11. For Task Order No. 2, the CITY will pay the A/E a fee, as described in Exhibit "A -2 ", for a total amount not to exceed $286,416 for Services authorized under This Agreement, inclusive of all Services, Time and Materials. For Task Order No. 3, the CITY will pay the NE a fee, as described in Exhibit "A-3, for a total amount not to exceed $566,000 for Services authorized under This Agreement, inclusive of all Services, Time and Materials. IV. For Task Order No. 4, the CITY will pay the NE a fee, as described in Exhibit "A -4, for a total amount not to exceed $868,000 for Services authorized under This Agreement, inclusive of all Services, Time and Materials. V. For Task Order No. 5, the CITY will pay the A/E a fee, as described in Exhibit "A-5" for a total amount not to exceed $80,196 for Services Authorized under this Agreement, inclusive of all Services, Time and Materials. 5. TERMINATION OF CONTRACT — CITY may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E. if termination occurs prior to the final completion of all work contemplated by this contract, A/E shall be paid a reasonable compensation for the services actually rendered in accordance with the above - described schedule of fees and in proportion to the amount of work done on such services as have been authorized. 6. LOCAL PARTICIPATION — There is no local participation requirement for this contract. However, the use of local sub - consultants by the A/E when beneficial to the CITY and NE in terms of efficiency, expertise and responsiveness is encouraged. 7. ASSIGNABILITY — This Agreement is not assignable and A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the CITY, except for routine duties delegated to personnel of the NE staff. If the AIE is partnership, then the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the CITY may designate. No part of the NE fee may be assigned in advance of receipt by the A/E without written consent of the CITY. The CITY will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the CITY. 8. OWNERSHIP OF DOCUMENTS — All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the CITY, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the NE may use standard details that are not specific to this project. 9. FEDERAL COMPLIANCE — A/E will to the best of its ability maintain compliance with applicable procurement standards 49 CFR 18.36. A/E will provide the CITY, the FAA, the Comptroller Generale of the United States, or any of their duly authorized Representatives access to any books, documents, papers, and records directly pertinent to any specific grants funding the project for the purpose of making audits, examinations, excerpts, and transcriptions. A/E will maintain all required records for three (3) years after final payment and all pending matters are closed. A/E will comply with the requirements contained in 49 CFR, Section 23, Participation by Minority Business Enterprises in Department of Transportation, and AC 150/5100 -15, Civil Rights Requirements for the Airport Improvement Program, current edition, Title VI (Exhibit "E ") and the Disadvantaged Business Enterprise Assurances (Exhibit "F "). A/E will submit a letter to the CITY Engineer certifying compliance to the best of its knowledge with federal requirements, and that the A/E is not currently debarred or suspended from participation in any program by any federal agency. These requirements are attached as Exhibit E Equal Employment Opportunity: During the performance of this Contract, the NE agrees as follows: a. The AIE will not discriminate against any employee or applicant for employment because of race, creed, color, handicap, age, sex, or national origin. The NE will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, handicap, age, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination rates of pay or other forms of compensation and selection for training, including apprenticeship. The A/E agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The NE will, in all solicitations or advertisements for employees placed by or on behalf of the NE, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, handicap, age, sex, or national origin. c. The A/E will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 10. WARRANTY — NE warrants that its Services will be performed in accordance with generally accepted standards in the industry. IMPLIED WARRANTY OF MERCHANTABILITY IS SPECIFICALLY EXCLUDED. NE services provided for construction projects will be in accordance with "Professional Engineering Services —A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers and the FAA Advisory Circular 150/5100 -14 (Current Version or as revised). 11. FORCE MAJEURE — Any delays in or failure of performance, other than the payment of money, shall not constitute default hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond the reasonable control of either Party, as the case may be, including but not limited to, acts of God or the public enemy; compliance with any order or request of any governmental authority; fires, floods, explosion, accidents; riots, strikes or other concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the same class or kind as those specifically named above, which are not within the reasonable control of either party. In the event that any event of force majeure as herein defined occurs, NE shall be entitled to a reasonable extension of time for performance of its services under this Agreement. 12. TERM OF AGREEMENT — This Agreement shall expire five (5) years from the date of execution. 13. DISCLOSURE OF INTEREST - NE further agrees, in compliance with City of Corpus Christi Ordinance No 17112, to complete, as part of this contract, the Disclosure of interests form attached hereto as Exhibit "C ". 14. SCANNED REPRODUCTIONS — The parties agree and stipulate that the original of this contract, including the signature page and any attachments, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original, may be used for any purpose just as if it were the original, including proof of the content of the original writing. CITY OF CORPUS CHRISTI , INC. BY: 0, ' BY: i4? Ron Olson City Manager DATE: 51111 11 Address for giving notices: KSA ENGINEERS, INC. DATE: ,3-7- ',9 Address for giving notices: KSA Engineers, Inc. 8875 Synergy Drive McKinney, TX 75070 DESIGNATED REPRESENTATIVE DESIGNATED REPRESENTATIVE Title: Phone Number: Facsimile Number: E -Mail Address: rf ` 2°1 I ` 1 .40 AUTHORIZED Y COMA ..,.(2s/. �,,...,, • Steve Creamer, P.E. Title: Division Manager Phone Number: 972 542 -2995 Facsimile Number: 972 542 -6750 E -Mail Address screamer @ksaeng.com RECOMMENDED: BY: BY Pete Anaya, P.E. Date Director of Engineering Services 7S/ kk /if Fernand°Seggundo, AAE Date Director of Aviation ATTEST (a-Zre BY: (//)he Armando Chapa Date City Secretary APPROVED AS TO FORM Assistant City Attorney For City Attorney - Z-1) Date EXHIBIT A CITY OF CORPUS CHISTI, TEXAS 1. SCOPE OF SERVICES A. Basic Services: 1. Study and Report Phase: a. Consult with CITY to define and clarify CITY's requirements for a Specific Project and available data. b. Advise CITY as to the necessity of CITY's providing data or services which are not part of A/E's Basic Services, and, if requested, assist CITY in obtaining such data and services. c. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of a Specific Project designed or specified by A/E, including but not limited to mitigating measures identified in the environmental assessment. d. Identify and evaluate the number of alternate solutions available to CITY listed in the Task Order for a Specific Project, and, after consultation with CITY, recommend to CITY those solutions which in A/E's judgment meet CITY's requirements for a Specific Project. e. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations involved, and those alternate solutions available to CITY which A/E recommends. This Report will be accompanied by A/E's opinion of Total Project Costs for each solution which is so recommended for a Specific Project with each component separately itemized, including the following, which will be separately itemized: opinion of probable Construction Cost, allowances for contingencies and for the estimated total costs of design, professional, and related services provided by A/E and, on the basis of information furnished by CITY, allowances for other items and services included within the definition of Total Project Costs. f. Furnish the number of review copies of the Report to CITY within the time period set forth in the Task Order and review it with CITY. g. Revise the Report in response to CITY's and other parties' comments, as appropriate, and furnish the number of final copies of the revised Report to the CITY within the time period set forth in the Task Order. h. A/E's services under the Study and Report Phase will be considered complete on the date when the final copies of the revised Report have been delivered to CITY. 2. Preliminary Design Phase a. After determination by CITY of the scope, extent, character or design requirements of a Specific Project, including the acceptance with any specific modifications by CITY of A/E's Report, if any, from a preceding phase or Specific Project, A/E shall: b. On the basis of the above acceptance, selection, and authorization, prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of a Specific Project. c. Provide necessary field surveys and topographic and utility mapping for design purposes. Utility mapping will be based upon information obtained from utility CITYs. d. Advise CITY if additional reports, data, information, or services are necessary and assist CITY in obtaining such reports, data, information, or services. e. Based on the information contained in the Preliminary Design Phase documents, submit a current opinion of probable Construction Cost and any adjustments to Total Project Costs }mown to A/E. f. Furnish the Preliminary Design Phase documents to and review them with CITY. g. Submit to CITY the number of final copies of the Preliminary Design Phase documents and revised opinion of probable Construction Cost within the time period set forth in the Task Order. h. A/E's services under the Preliminary Design Phase will be considered complete on the date when final copies of the Preliminary Design Phase documents have been delivered to CITY. 3. Final Design Phase a. After determination by CITY of the scope, extent, character, or design requirements of a Specific Project, including the acceptance of any specific modifications by CITY of a preceding phase or Specific Project, A/E shall: b. On the basis of the above acceptance, direction, and authorization, prepare final Drawings indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Specifications will be prepared, where appropriate, in general conformance with the 16- division format of the Construction Specifications Institute. c. Provide technical criteria, written descriptions, and design data for CITY's use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of a Specific Project and assist CITY in consultations with appropriate authorities. d. Provide CITY a current opinion of probable Construction Cost and any adjustments to Total Project Costs known to A/E. e. Prepare and furnish Bidding Documents for review and approval by CITY, its legal counsel, and other advisors, as appropriate, and assist CITY in the preparation of other related documents. g. Submit the number of final copies of the Bidding Documents and a current opinion of probable Construction Cost to CITY within the time period set forth in the Task Order. In the event that the Work designed or specified by A/E is to be performed or furnished under more than one prime contract, or if A/E's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast - tracking), CITY and A/E shall, prior to commencement of the Final Design Phase, develop a schedule for performance of A/E's services during the Final Design, Bidding or Negotiating, Construction, and Post - Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to the Task Order whether or not the work under such contracts is to proceed concurrently. h. The number of prime contracts for Work designed or specified by A/E upon which the A/E's compensation has been established is identified in the Task Order. i. A/E's services under the Final Design Phase will be considered complete on the date when the submittals required have been delivered to CITY. 4. Bidding or Negotiating Phase. The A/E will: a. Assist CITY in advertising for and obtaining bids or negotiating proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -bid conferences, if any, and receive and process Contractor deposits or charges for the Bidding Documents. b. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. c. Consult with. CITY as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by Contractor for those portions of the Work as to which such acceptability is required by the Bidding Documents. d. Attend the Bid opening, prepare Bid tabulation sheets, and assist CITY in evaluating Bids or proposals and in assembling and awarding contracts for the Work. e. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractors. 5. Construction Phase. A/E shall: a. General Administration of Construction Contract. Consult with CITY and act as CITY's representative as provided in the General Conditions. The extent and limitations of the duties, responsibilities and authority of A/E as assigned in said General Conditions shall not be modified, except as A/E may otherwise agree in writing. All of CITY's instructions to Contractor will be issued through A/E, who shall have authority to act on behalf of CITY in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing. b. Resident Project Representative (RPR). Provide the services of an RPR at the Site of the Specific Project to assist the A/E and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in the Task Order. c. Selecting Independent Testing Laboratory. Assist CITY in the selection of an independent testing laboratory to perform services required. d. Pre- Construction Conference. Participate in a pre - construction conference prior to commencement of Work at the Site. e. Baselines and Benchmarks. As appropriate, establish baselines and benchmarks for locating the Work which in A/E's judgment are necessary to enable Contractor to proceed. f. Visits to Site and Observation of Construction. In connection with observations of Work in progress : Make visits to the Site at intervals appropriate to the various stages of construction, as A/E deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by A/E, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the Work in progress or to involve detailed inspections of the Work in progress beyond the responsibilities specifically assigned to A/E in the Task Order and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on A/E's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, A/E will determine in general if Contractor's work is proceeding in accordance with the Contract Documents, and A/E shall keep CITY informed of the progress of the Work. The purpose of A/E's visits to, and representation by the Resident Project Representative, if any, at the Site of the Specific Project, will be to enable A .E to better carry out the duties and responsibilities assigned to and undertaken by A/E during the Construction Phase, and, in addition, by the exercise of A/E's efforts as an experienced and qualified design professional, to provide for CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. A/E shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Work, nor shall A/E have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, A/E neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. g. Defective Work. Have authority to disapprove or reject Contractor's work while it is in progress if, on the basis of such observations, A/E believes that such work will not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed project as a functioning whole as indicated in the Contract Documents. h. Clarifications and Interpretations; Field Orders. Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the Work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. A/E may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. i. Change Orders and Work Change Directives. Recommend Change Orders and Work Change Directives to CITY, as appropriate, and prepare Change Orders and Work Change Directives as required. j• Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. A/E has an obligation to meet any Contractors submittal schedule that has earlier been acceptable to A/E. k. Substitutes and "or- equal." Evaluate and determine the acceptability of substitute or "or- equal" materials and equipment proposed by Contractor, but subject to the provisions of this Exhibit A. I. Inspections and Tests. Require such special inspections or tests of the Work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. A/E's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. A/E shall be entitled to rely on the results of such tests. m. Disagreements between CITY and Contractor. Render formal written decisions on all claims of CITY and Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. In rendering such decisions, A/E shall be fair and not show partiality to CITY or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. n. Applications for Payment. Based on A/E's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: Determine the amounts that A/E recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute A/E's representation to CITY, based on such observations and review, that, to the best of A/E's knowledge, information and belief, the Work has progressed to the point indicated, the quality of such is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial" Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is A/E's responsibility to observe the Work. In the case of unit price work, A/E's recommendations of payment will include final determinations of quantities and classifications of the Work (subject to any subsequent adjustments allowed by the Contract Documents). By recommending any payment, A/E shall not thereby be deemed to have represented that observations made by A/E to check the quality or quantity of the Work as it is performed and furnished have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to A/E in this Agreement and the Contract Documents. Neither A/E's review of the Work for the purposes of recommending payments nor A/E's recommendation of any payment including final payment will impose on A/E responsibility to supervise, direct, or control the Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to the Work. It will also not impose responsibility on A/E to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to CITY free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between CITY and Contractor that might affect the amount that should be paid. o. Contractor's Completion Documents. - Receive and review maintenance and operating instructions, schedules, and guarantees. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. - A/E shall transmit these documents to CITY. Substantial Completion. Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with CITY and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of CITY, A/E considers the Work Substantially Complete, A/E shall deliver a certificate of Substantial Completion to CITY and Contractor. q. Final Notice of Acceptability of the Work. Conduct a final payment inspection to determine if the completed Work of Contractor is acceptable so that A/E may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, A/E shall also provide a notice in the form attached hereto as Exhibit E ( "Notice of Acceptability of Work ") that the Work is acceptable to the best of A/E's knowledge, information, and belief and based on the extent of the services provided by A/E under this Agreement. r. Duration of Construction Phase. The Construction Phase will commence with the execution of the first Construction Agreement for a Specific Project or any part thereof and will terminate upon written recommendation by A/E for final payment to Contractors. If a Specific Project involves more than one prime contract as indicated in the Task Order, Construction Phase services may be rendered at different times in respect to the separate contracts. s. Limitation of Responsibilities. A/E shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. A/E shalI not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. 6. Post - Construction Phase. A/E shall: a. Provide assistance in connection with the testing and adjusting of Specific Project equipment or systems. b. Assist CITY in training CITY's staff to operate and maintain Specific Project, equipment, and systems. c. Assist CITY in developing procedures for control of the operation and maintenance of, and record keeping for, equipment and systems for the Specific Project. d. Together with CITY, visit the Specific Project to observe any apparent defects in the Work, assist CITY in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of Defective Work, if present. e. In company with CITY or CITY's representative, provide an inspection of the Specific Project within one month before the end of the Correction Period to ascertain whether any portion of the Work is subject to correction. f. The Post - Construction Phase services may commence during the Construction Phase and, if not otherwise modified in the Task Order, will terminate at the end of the Correction Period. B. Additional Services A. Additional Services Requiring CITY's Authorization in Advance. If authorized in writing by CITY, A/E shall furnish or obtain from others Additional Services of the types listed below. These services will be paid for by CITY as indicated in a Task Order. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with a Specific Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for a Specific Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of a Specific Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by CITY. 3. Services resulting from significant changes in the scope, extent, or character of the portions of a Specific Project designed or specified by A/E or its design requirements including, but not limited to, changes in size, complexity, CITY's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date of the Task Order or are due to any other causes beyond A/E's control. 4. Services resulting from CITY's request to evaluate additional Study and Report Phase alternative solutions. 5. Services required as a result of CITY's providing incomplete or incorrect project information with respect to Exhibit B. 6. Providing renderings or models for CITY's use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules, and appraisals; assistance in obtaining financing for a Specific Project; evaluating processes available for licensing, and assisting CITY in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by CITY. 8. Furnishing services of AIE's Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in the Task Order. 10. Services during out -of -town travel required of AIE other than for visits to the Specific Project Site or CITY's office. 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by CITY; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by CITY for the Work or a portion thereof. 13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents. 14. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 15. Providing construction surveys and staking to enable a Contractor to perform its work and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 16. Providing Construction Phase services beyond the Contract Times set forth in the Task Order. 17. Providing assistance in responding to the presence of any Constituent of Concern at any Site, in compliance with current Laws and Regulations. 18. Preparing and furnishing to CITY, in the format agreed to, Record Drawings showing appropriate record information based on project annotated record documents received from Contractor. 19. Preparation of operation and maintenance manuals. 20. Preparing to serve or serving as a consultant or witness for CITY in any litigation, arbitration or other dispute resolution process related to a Specific Project. 21. Services in connection with Work Change Directives and Change Orders to reflect changes requested by CITY so as to make the compensation commensurate with the extent of the Additional Services rendered. 22. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or- equal" items; and services after the award of any Construction Agreement in evaluating and determining the acceptability of a substitution which is found to be inappropriate for a Specific Project or an excessive number of substitutions. 23. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 24. Additional or extended services during construction made necessary by (a) a significant amount of defective, neglected or delayed Work by a Contractor, or (b) default by a Contractor. 25. Services (other than Basic Services during the Post - Construction Phase) in connection with any partial utilization of any part of the Work on a Specific Project by CITY prior to its Substantial Completion. 26. Evaluating an unreasonable claim or an excessive number of claims or requests for information submitted by a Contractor or others in connection with the Work on a Specific Project. 27. Other services performed or furnished by A/E not otherwise provided for in this Agreement or a Task Order. C. Additional Services Not Requiring CITY's Authorization in Advance A. A/E shall perform or furnish, without requesting or receiving specific advance authorization from CITY, the Additional Services of the types listed below. A/E shall advise CITY in writing within seven days after beginning any such Additional Services. If CITY does not want A/E to continue to perform or furnish the services, CITY shall notify A/E in writing to cease, and A/E shall comply. 1. Additional or extended services during construction made necessary by (a) emergencies or acts of God endangering the Work, (b) the presence at the site of any Constituent of Concern, (c) Work damaged by fire or other cause during construction, or (d) acceleration of the progress schedule involving services beyond normal working hours. D. Schedule of CITY'S Responsibilities A. In addition to other responsibilities of CITY as set forth in this Agreement, with respect to each Task Order the CITY shall: 1. Provide A/E with all criteria and full information as to CITY's requirements for the Specific Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which CITY will require to be included in the Drawings and Specifications; and furnish copies of CITY's standard forms, conditions, and related documents for A/E to include in the Bidding Documents, when applicable. 2. Furnish to A/E any other available information pertinent to the Specific Project including reports and data relative to previous designs, or investigation at or adjacent to the Site of the Specific Project. 3. Following A/E's assessment of initially - available Specific Project information and data and upon A/E's request, furnish or otherwise make available such additional Specific Project related information and data as is reasonably required to enable A/E to complete its Basic and Additional Services. Such additional information or data would generally include the following: a. Property descriptions. b. Zoning, deed, and other land use restrictions. c. Property, boundary, easement, right -of -way, and other special surveys or data, including establishing relevant reference points. d. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof. e. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to a Specific Project, the Site and adjacent areas. f. Data or consultations as required for a Specific Project but not otherwise identified in the Agreement, the Exhibits thereto, or the Task Order. 4. Give prompt written notice to A/E whenever CITY observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of A/E's services, or any defect or nonconformance in A/E's services, the Work, or in the performance of any Contractor. 5. Authorize A/E to provide Additional Services as set forth in the Task Order as required. 6. Arrange for safe access to and make all provisions for A/E to enter upon public and private property as required for A/E to perform services under the Task Order. 7. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by A/E for the Specific Project (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as CITY deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. 8. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Specific Project designed or specified by A/E and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Specific Project. 9. Provide, as required for the Specific Project: a. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. b. Legal services with regard to issues pertaining to the Specific Project as CITY requires, a Contractor raises, or A/E reasonably requests. c. Such auditing services as CITY requires to ascertain how or for what purpose a Contractor has used the moneys paid. d. Placement and payment for advertisement for Bids in appropriate publications. 10. Advise A/E of the identity and scope of services of any independent consultants employed by CITY to perform or furnish services in regard to the Specific Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. 11. Furnish to A/E data as to CTTY's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling and legal advice) for CITY so that A/E may assist the CITY in collating the various cost categories which comprise Total Project Costs. 12. If CITY designates a construction manager or an individual or entity other than, or in addition to, A/E to represent CITY at the Site, define and set forth in the Task Order the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of A/E. 13. If more than one prime contract is to be awarded for the Work of the Specific Project designed or specified by A/E, designate in the Task Order a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors. Define and set forth in the Task Order the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of A/E. 14. Attend the pre -bid conference, bid opening, pre - construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment inspections. 15. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of CITY, prior to their incorporation into the Work for the Specific Project with appropriate professional interpretation thereof. 16. Provide A/E with the findings and reports generated by any independent testing laboratory, if A/E is required to review such documents. EXHIBIT B "%I`" ""FM CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MM/ODIYYYY) 04/18/2011 TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements ), PRODUCER Gans & Smith Insurance Agency, Inc. 1109 Judson Road P. 0. Box 2869 Longview, TX 75606 CONTACT ACSR, Deborah Lotting r210.10. um): 903.757.4601 L .Not 903.753.0782 E -MAIL ADDRESS: PRODUCER CUSTOMER IDLE: INSURER(S) AFFORDING COVERAGE NAICO INSURED K S A Engineers Inc Expert Computing Solutions Inc Bloc Design -Build LLC 140 E Tyler St, Ste 600 Longview, TX 75601 INSURERA: National Fire Ins of Hartford 401552905. INSURERS: Continental Casualty 05/29/2011 INsuRERD: American Casualty Co of Reading, PA INSURER D: ■■ INSURERE: OCCUR INSURERF: $ 10,000 : cusU- N NUMBE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR TYPE OF INSURANCE ADDL SUS - , POLICY NUMBER POLICY EFF M + D POLICYEXP M A... WA LIMITS A GENERAL X LIABIUTY COMMERCIAL GENERAL LIABILITY 401552905. 05/29/2010 05/29/2011 EACH OCCURRENCE $ 1,000,00 $ 100,000 DAMAGE TO RENTS r M u =n ■■ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 ■ ■ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 000,001 GEN'LAGGREGATE Limn' APPLIES PER: PRODUCTS - COMP /OPAGG $ 2,000,000 POLICY IT TI LI ^ I LOC I $ A AUTOMOBILE X LIABIuTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4015529135 05/29/2010 05/29/2011 COMBINED SINGLE LIME (Ea accident) $ 1,000,00 I' $ BODILY INJURY (Per person) BODILY INJURY (Per accident) 5 PROPERTY DAMAGE (Per accident) $ ■ ■ 5 S 8 UMBRELLA LIAB OCCUR CLAIMS-MADE 401552909' 05!2912010 05/29/2011 EACH OCCURRENCE $ 5,000,000 ■ EXCESS LIAB ■ AGGREGATE $ 5,000,00 ■ DEDUCTIBLE RETENTION $ 10,001 $ © $ C WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY ICEWME BERXC UDED ?HCUTNEI (Mandatory InNH) DESCRIPTION OF OPERATIONS Y 1 N NIA 41552914' 05/29/2010 05/29/2011 X ■ •:. I II II E.L. EACH ACCIDENT $ 1,000,000 below E.L. DISEASE - EA EMPLOYE: $ 1,000,000 E-L- DISEASE • POLICY LIME $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) eneral Liability & Auto policies provide Blanket Additional Insured & Waiver of Subrogation in avor of certificate holder - by written contract. Workers Compensation provides Blanket Waiver of • ubrogation in favor of certificate holder - by written contract. CRP.001M CERTIFICATE HOLDER CANCELLATION The City of Corpus Christi P 0 Box 9277 Corpus Christi, TX 78469 -9277 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David McWhorter CIC /DJL 40t/ = Qotmcku ©1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are reglstered marks of ACORD PDF nreatAri with nrifFartnry Prn trial varcinn www enftluaralF,e rnm Additional Coverages and Factors 05/25/2010 Line of Business Coverages for Coverage Combined single limit PIP - Basic Uninsured motorist combined single limit Underinsured motorist combined single limit Underinsured motorist combined single limit Comprehensive Collision Taxes & Surcharges Business Auto Limits 1,000,000 2,500 1,000,000 1,000,000 1,000,000 Line of Business Coverages for General Liability Coverage General Aggregate Products /Completed Ops Aggregate Personal & Advertising Injury Each Occurrence Fire Damage Medical Expense Employee Benefits Blanket Waiver of Subrogation Non - Contractor AI End G134802A Terrorism Add'l Insured CG2O10 Limits 2,000,000 2,000,000 1,000,000 1,000,000 100,000 10,000 1,000,000/1,000,000 Ded /Ded Type 500 1,000 Ded /Ded Type 1,000 /Flat Applies: Empl Prac Line of Business Coverages for Workers Compensation Coverage Limits WC & Employer's liability 500,000/500,000 / 500,000 Increased employer's liability Blanket Waiver Sub Adjst. to reconcile -exp mod. premium Premium discount Expense constant Schedule rate adjustment Health Care Network Assigned risk add'l premium Ded /Ded Type PriF rrAatptl with nrlfFar:tnry Prn Trial varcinn looms cnftwaraIahc rnm Rate Premium Factor Rate Premium Factor 0.00000 500.00 Rate Premium Factor 140.00 0.01000 0.02000 1.08000 0.60000 0.88000 0.02400 City of Corpus Christi Exhibit C CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with ANA. FIRM NAME: x,542 t4 STREET: 0/94::, E.' T a CITY: ZIP: 7p1. FIRM is: 1. Corporation fi 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each Aernployeea of the City of Corpus Christi having an Aownership interest_ constituting 3% or more of the ownership in the above named Afirme. Name Job Title and City Department (if known) 2. State the names of each Aofficiai_ of the City of Corpus Christi having an Aownership interest, constituting 3% or more of the ownership in the above named Afirma. Name Title 3. State the names of each Aboard member_ of the City of Corpus Christi having an Aownership Interests constituting 3% or more of the ownership In the above named Afirme. Name Board, Commission or Committee Afig 4. State the names of each employee or officer of a Aconsultant_ for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an Aownership interest= constituting 3% or more of the ownership In the above named Afirmr. Name Consultant /t/f47 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: ___,.%g ter,P4' moo or Pant) Signature of Certifying Person: Title: ,l ."- DaP67,7 EXHIBIT "C" Page 1 of 2 DEFINITIONS a. ABoard Membera. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. AEmployee =. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. AFirm =. Any entity operated for economic gain, whether rofessional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non -profit organizations. d. AOfficial , The Mayor, members of the City Council, City Manager, Deputy City Manager Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. AOwnership Interest=. Legal or equitable interest, whether actually or constructively held, in a firm, including when such Interest is held through an agent, trust, estate or holding entity. AConstructively held= refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. AConsultant =. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2 EXHIBIT D INVOICING PROCEDURES CITY OF CORPUS CHRISTI, TEXAS Engineer shall prepare monthly invoices in accordance with Paragraph 4 of the Contact and contain the following information as shown on the following page to conform to City of Corpus Christi and Corpus Christi International Airport requirements: 1. Invoice Date 2. Invoice Period — Invoices to be generated monthly. 3. Task Order Number and Name 4. FAA Project Number 5. City Project Number 6. AP Project Number Each Task Order will have its own City and AP Project Number and share a common FAA Project number. 7. Invoices to be addressed to Ms. Grace Gonzalez, P.E., Airport Engineer, Corpus Christi International Airport, 1000 International Drive, Corpus Christi, Texas 78406. IKSA ENGINEERS Building Stronger Communities Ms. Grace Gonzalez, P.E. Airport Engineer Corpus Christi International Airport 1000 International Blvd. Corpus Christi, TX 78406 Project Manager Steve Creamer Project CRP.006M FAA Project No.: City Project No AP Project No.: Tax Registration Number: 75- 1600863 April 27, 2011 Invoice No: <Draft> Task Order No. 5 - Taxiway Utilization Study ?rebuffs* Sjrvlees for the Period:Agril Ol. 2011 to April 30. 2011 Element One - Inventory Task I.1- Collect & Review Existing Plan Info 1.2-0n -Site Inspection of Taxiway System 1.3- Inventory of Airport Activity Total Fee Percent Task Fee Complete Fee Earned Prior Billing Current Fee 2,116.00 9,246.00 2,116.00 13,478.00 Total Fee 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.00 0.00 Element Two - Taxiway Systems Analysis Task 2.1 Taxiway Sys. Operational Analysis 2.2- Taxiway Sys. Alternatives Analysis 2.3- Tawiway Sys. Iteconmrendations Total Fee Percent Task Fee Complete Fee Earned Prior Billing Current Fee 3,634.00 7,268.00 7,268.00 18,170.00 Total Fee 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Task Element Three - Affected Environment Percent Task Fee Complete Fee Earned Prior Billing Current Fee 140 E. Tyler St., Suite 600 • Longview, TX 75601 • Phone: 903.236.7700 • Fax: 903.236.7779 Project CRP.006M Task Order No. 5 - Taxiway Utilization S Invoice Draft 3.1- Coordination Meetings 3.2 -Final Reports Total Fee 29,670.00 0.00 8,878.00 0.00 38,548.00 Total Fee 0.00 0.00 0.00 Subtotal Total Project Invoke Amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 140 E. Tyler St., Suits 600 • Longview, TX 75601 • Phone: 903.236.7700 • Fax: 903.236.7779 Page 2 O d� Federal Median Adminfettedian EXHIBIT E Advisory Circular Subject: CIVIL. RIGHTS REQUIREMENTS FOR THE Date: 3!31/89 AC No: 150/5100-15A AIRPORT IMPROVEMENT PROGRAM Initiated by APP-500 Change: (AIP) L PURPOSE. This Advisory Circular (AC) encompasses the basic civil rights requinunents for the Airport Im- provement Program (ALP). It is intended for sponsors using program assistance and for contractors anti subcontrac- tors worlcitg on projects tinder the program, This AC is updated to reflect the Disadvantaged Business Enterprises Program requirement mandated by the Airport and Airway Safety and Capacity Expaosion Act of 1987, and also to include the general civil rights provision for airport employment which sponsors are to include in all leases and contracts. 2. CANCELLATION. AC 150/5100 -15, Civil Rights Requirements for the Airport Improvement Ptagram (AIP), dated September 24, I984, is canceled. PotAM AcsA Paul L. Claus Director, Office of Airport Planning and Programmmiug 3131/89 AC 15015100 -15A CONTENTS Section 1. Introduction 1. Background........» MY. ........ »....... ».»..e» ............M._ ..... ».MM» .» »M.M »....._._.._...M».......... 2. G eneral..........._.._. ....... » .......... ..»....._..... 3. Contents. ». _ ....__ .... »....... »........ ..__..._... »..... ....__._.. _...__ •._••••••■•• 4. Related Reading Material .. »......... »....» .......... Y».».....».......»... HO»...» 5. Grant Assurance... » ».M.. ».w»......»».....»......_ ».M.. ... »...»»......u...»...... ... »MM...M 6.-9. Rd......... ...... ....... ........ . M». M..»».»..........»»»... w.y. »..._... »... »».....N. ». »w»» N.__ Section 2. Nondiscrimination In Benefits for and Services to the Public 1 1 1 2 2 2 10. Authodry..._....».M.M...M__.M._M.._....»MM........ M.....MM.__• _... M .___...M...........M.... ».M.... 2 11. Applicability ....._»_. _._MM........__. »_..M...... M..._ M... M....».... ........ »..... . »..MM.. »... ».....M.M ». »..... ». 2 12. Tide VI Requirements and Implementation.".................____ ............ 3 13. -19. Reserrved.»»._............_ ...... _........ M..»._».......» M.... M ..... _.__MM....M.. »MM ...... _MM_.M» ............ ».... 4 Section 3. Nondiscrimination in Employment in Federally Assisted Construction Contracts 20. Authosity.. _.....».»......._.»_......._ M ...._..M »...M...._....M..._..MM _M_......M..... » ............. 4 21. Applicability.. .» ».» .. M...__ »... ».... 4 22. Executive Order 11246 Requirements and Implementation - Sponsor.. ..M. »__ ....... . »._MM.M ..._... 4 23. Executive Order 11246 Requirements and Implementation - ConuxtiN... . ».»..»....»M»»M.•■••••••••■•••• 5 24. Sponsor Assistance and Sanctions.. M. M» ...... _.. M_ ............. M...»»......». M....»»......_... M.._................._... -_.,.» 7 25. Preaward Compliance Review ... MM.»............ MM..... ».._.. M ....... M...... M »...»......... ». 7 26. Enterc emeru.»... M... M.. M. M .............. M....»......» M».»..... _.»........ .»...._....».__............... M ...M... »..... »........ ..M...... 7 27.29. Reserved.... »........... ......... _. HHHamamaymmom M._._ ..... ..... »........».. 7 Section 4. Nondiscrimination in Airport Employment Opportunities 30. Authority- ..... _ M._..._....» ........... _.._. »_ ............... ._.._» ..... ... _..._...._ ................. 31. ApplicabiluyMM». ....... ... ...__. »..• ..M....M .... ....... ..._» 32. Airport Employment Requirements...._.......... M»....... ............... M... M__....__..M. M_. MM.M»...M....._.M.........M..._ 33.-39. Reserved ........ »_....» M ..... .............MM ».......M...MM.M M.. » ..... _........ M...___. »...M.... Section 5. Disadvantaged Business Enterprises Program 40. Authority . »__.....M... .. ...... _». Ya my. »•..M•••••..».....•.... 41. Applicability ..... »».»„ ........... . M.. ..... ...»... M. M..» ..................... .... »..... »...............__... ... ..... ....... 42. DBE Requirements - Sponsor »...M.. M.... *N.Y. 43. DBE Requirements -- Contractor. ............. - ......... ..........- ..M. »..M... ..... »»... »..... ............. 44. Impleiuentatlon.... M.. . »..M...M». »M.......... »..M.... ..».»........_» ...............»..»... ......._ »..._.._...M »...... »..M 45. Compliance 46. -49. Reserved......_....... »...... _........_......... ... ... ..... M.»............ M...... .. .. »M .................M...M. »..M 8 8 8 8 8 8 8 10 10 10 1D i iv AC 150/6100 -15A 3131/89 Section 6. Nondiscrimination in Benefits for, Services To, Employment of and Accessibility for the Handicapped 50. Authority. 51 Applicability 52. Requirements and Implementation............ 53. -99. Reserved Appendix 1. Appendix 2. Appendix 3. Appendix 4. Appendix 5. Appendix 6. Appendix 7. Appendix 8. Appendix 9, Appendix 10. Appendix 11. APPENDICES Civil Rights Grant Assurance (2 pages) Standard DOT Title VI Assurances (5 pages) Notice of Nondiscrimination (2 pages) Equal Employment Opportunity Clause (2 pages) Requirements for Certification of Nonsegregated Facilities (3 pages) Notice for Solicitations for Bids (2 pages) Standard EEO Specifications (6 pages) Notices to be Posted Per Paragraphs (1) and (3) of the EEO Clause (2 pages) General Civil Requirements Provision for Contracts, Leases, and Other Airport Agreements (2 pages) DBE Required Statements (2 pages) Handicapped Accessibility Requirements (3 pages) 3131189 AC 150/5100 -15A CIVIL RIGHTS SECTION 1. INTRODUCTION 1. BACKGROUND. Since the passage of the Civil Rights Act of 1964, many other laws have been passed and Executive onicrs issued which pertain to various aspects of civil rights. Some refer to discrimination in employ- ment; some deal with discrimination in providing services; some with discrimination in program accessibility for persons with disabilities, etc. In many instances, the U.S. Department of Transportation and other Federal agencies issued regulations to implement the different laws and Executive orders. Many of • these regulations levy require- ments on recipients of Federal assistance under the airport gram program, administered by the Federal Aviation Administration (FAA). 2. GENERAL. Each applicable civil rights statute or Executive order and the implementing regulations affect the FAA grant program in a different way. While the sponsor is responsible to the FAA for the particular require- ment levied, the action may actually lie with another party. (Sponsor is the term used to refer to the recipient of a grant under the airport grant program and may be an airport owner, a State, a unit of local government, or a plan- ning agency). For example. a prime construction contractor, paid with Federal funds, is required to make good faith efforts to meet the Disadvantaged Business Enterprise Program goals; but the development of and adherence to the Program is the responsibility of the sponsor. Each area of civil rights also may require its own grant language, contract language, and assurances. 3. CONTENTS. a. The basic requirements to comply with the various Civil Rights laws and regulations are compiled in this Advisory Circular (AC) for ready reference. In the event of amendment to existing statutes, Executive orders, regu- lations, policy guidelines, and requirements, or new enactments, or any other situation resulting in a discrepancy between the requirements in this AC and the legal authorities upon which they are based, the legal authorities govern. (The word "shall," used in places within this AC, signifies a compliance obligation on the part of the sponsor or contractor which is a requirement of the statute or regulation and is not mandated by the AC.) b. Because of the complexity of the various civil rights requirements, this Advisory Cin'ular has been divided into the following subject areas, each of which is related to a different aspect of these requirements. Not all areas apply to all grants, nor are all sponsors subject to the various laws and regulations within each area: (1) Section 2. Nondiscrimination in Benefits for and Services to the Public; (2) Section 3. Nondiscrimination in Employment in Federally—assisted Construction Contracts; (3) Section 4. Nondiscrimination in Airport Employment Opportunities; (4) Section 5. Disadvantaged Business Enterprises Program; (5) Section 6. Nondiscrimination in Benefits for, Services to, Employment of, and Accessibility for the Handicapped. c. To help simplify the material contained in this AC, the following structure has been used in each section when appropriate (1) Authority, including Iegislation, Executive order, or regulation; (2) Applicability — who is subject to the particular requirement; (3) Requirements and implementation. 4. RELATED READING MATERIAL. This AC references various statutes. Executive orders, and implement- ing regulations, the latter contained in the Code of Federal Regulations (CFR). Because of the length of some of 1 AC 150/5100 -15A 3/31l89 these laws, Executive orders, and regulations, they are not included in this publication, per se. The local FAA Air- ports field office or the Regional Office can direct interested parties to the source material cited. In certain in- stances, this AC uses terminology which appears in a statute or Executive Order, which may not as yet appear in a regulation due to the time lag between enactment of the underlying authority and the amendment of existing regula- tions or promulgation of new ones. 5. GRANT ASSURANCE (Appendix 1). In applying for a grant, a sponsor agrees to a set of assurances which accompany the grant application, one of which is a general assurance concerning civil rights. This assurance covers all the subject areas discussed in this AC, though some civil rights regulations require separate assurances, as well, such as Title VI of the Civil Rights Act of 1964. For a planning grant, the duration of the assurance is the time during which the planning takes place; for grants for equipment, the duration is the time the sponsor retains owner- ship or possession of the equipment For grants involving the purchase of land, or far an airport or noise implemen- tation project involving construction, the duration is the period the property or facility is used for the purpose for which the Federal assistance was extended or for as long as the sponsor retains ownership or possession of the propenY• 6.-9. RESERVED. SECTION 2. NONDISCRIMINATION IN BENEFITS FOR AND SERVICES TO THE PUBLIC 10. AUTHORITY. a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d er seq.). Title VI states that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." These requirements are primarily concerned with discrimination in benefits for and service to the public. b. 49 CFR Part 21. To implement the requirements of Title VI, the Department of Transportation (DOT) issued 49 CFR Part 2I, Nondiscrimination in Federally- assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. c. Section 320 of the Airport and Airway Improvement Act of 1982. Section 520 and its predecessor, Section 30 of the Airport and Airway Development Act of 1970, added sex and creed to the list of race, color, or national origin as prohibited bases of discrimination with regard to nondiscrimination in the FAA's grant program. Therefore, where Title VI is referenced in this AC, sponsors are prohibited from discriminating because of sex and creed in addition to the Title VI grounds stated in a. above. 11. APPLICABILITY. a. Sponsors. Title VI applies to sponsors who receive grants under the current airport grant program for planning purposes, airport development, land acquisition, and noise compatibility programs. It also applies to spon- sors who received grants under the Airport Development Aid Program (which expired In 1981) and under the Fed- eral Aid to Airport Program (which expired in 1970) if the grant contained the Tide VI assurances. Documents transferring surplus property after 1964 under the Surplus Property Act of 1944 also contain a compliance obliga- tion. b. Concessionaires, Tenants, Lessees. While there is no requirement levied by the Federal government di- rectly on the concessionaire, tenant, or lessee, the airport owner is required to pass on to them the Title VI require. ments prohibiting discrimination. Thus, an airport owner is obligated to include in all leases and contracts with a concessionaire, tenant, or lessee specific requirements for nondiscrimination when entering into a new contract, agreement, or lease after receiving a grant obligating its airport(s) to 49 CFR Part 21. 2 3131189 AC 150/5900 -15A 12. TITLE VI REQUIREMENTS AND IMPLEMENTATION. a. Employment. Discrimination in employment practices based on race, color, or national origin is not nor- mally covered by Title VI, unless such practices result in discrimination in the provision of benefits or services to the public or in programs designed to provide employment. b. Services and Benefits. Appendix C of 49 OR Pan 21 lists the following examples of nondiscrimina- tion, which, without being exhaustive, illustrate the application of nondiscrimination provisions of Pan 21: (1) An obligated airport owner and any of its lessees, concessionaires, tenants, or contractors must offer to all members of the public the same degree and type of service without discrimination; (2) There can be no distinction between members of. the public in respect to waiting rooms, passenger holding areas, aircraft tiedown areas, restaurant facilities, mirooms, or facilities operated on land acquired with Federal assistance; (3) There must be the same degree of service offered on a nondiscriminatory basis by: fixed base opera- tors, restaurants, snack bats, gift shops, ticket counters, baggage handless, car rental agencies, or limousines and taxis franchised by the airport sponsor, insurance underwriters, and other businesses catering to the public at the art; (4) An aircraft operator may not be required to park hislber aircraft at a location that is less protected, or less accessible from the terminal facilities offered to others. (5) The pilot of an aircraft may not be required to help more extensively in fueling operations, and may not be offered less incidental services (such as windshield wiping) than other pilots. (6) No pilot or crewmember eligible for access to a pilot's lounge or to unofficial communication facilities such as a UNICOM frequency may be restricted in that access. (7) Access to facilities maintained at the airport by air carriers or commercial operators for first -class transportation tickets or frequent users of the carrier's or operator's services may not be restricted. (S) Passengers and crewmembers seeking ground transportation from the airport may not be assigned to different vehicles, or delayed or embarrassed in assignment to vehicles, by the airport sponsor or his lessees, con- cessionaires, or contractors. (9) Where there are two or more sites having equal potential to serve the aeronautical needs of the area, the airport sponsor shall select the site least likely to adversely affect existing communities. Such site selection shall not be made on the basis of race, color, or national origin. e. Standard DOT Title VI Assurances (Appendix 2). When an airport sponsor applies for its first grant to purchase land or for an airport or noise implementation project involving construction, it will be required to execute the standard DOT Title VI Assurances. Thereafter, the clauses in attachment 1 of the Assurances must be inserted in all contracts and leases, not only in those resulting from the initial grant, but in all instruments from that point on. Planning agencies will be required to execute the Assurance each time it receives a grant for system planning. (1) Duration. These Assurances need only be executed once, since they obligate the sponsor for the period the property is used for the purpose for which the financial assistance was extended, or for as long as the sponsor retains ownership or possession of the property. (2) Property Acquisition or Improvement. When real property is acquired or improved with Federal funds, the appropriate Title 3/1 covenants in attachment 2 of Appendix 2 must be included in any subsequent decd, license, lease, permit or other agreement pertaining to the properly. (3) Reverter Clauses. A reverter clause gives the sponsor the right to reclaim property conveyed, lensed, or otherwise made available through a legal agreement to a third party if the party fails to comply with conditions, assurances, and covenants in the agreement established under Tide VI. The reverter clause concept also applies to contracts, but is termed a cancellation. The FAA will make a determination whether the sponsor will be required to use reverter clauses on a case -by --case basis. Insertion of the reverter clauses in a grant agreement binds the spon- sor to use the clauses in all future deeds, l eases, licenses, permits and similar agreements. 3 AC 150/5100-15A 3!31189 d, Availability of 49 CFR Part 21. The sponsor is required to have a copy of 49 CFR Part 21 available at its offices for inspection during normal working hours. e. Notice of Nondiseriminatlon (Appendix 3). The sponsor is required to conspicuously display FAA fur- nished signs in the main public are of the airport, stating that discrimination based on race, color, national origin, sex, creed, or handicap in public services and employment is prohibited on the airport. f. Complaints. The sponsor must forward to the FAA all complaints received alleging discrimination be- cause of race, color, national origin, sex, or creed. 13.-19. RESERVED. SECTION 3. NONDISCRIMINATION IN EMPLOYMENT IN FEDERALLY- ASSISTED CONSTRUCTION CONTRACTS 20. AUTHORITY. a. Executive Order 11246, Equal Employment Opportunity. A portion of Executive Order 11246, effec- tive October 24, 1965, is to promote and insure equal opportunity for all persons, without regard to race, color, religion, sex or national origin, employed or seeking employment with contractors performing under federally —as- sisted construction contracts in excess of $10,000. This Order authorizes the Secretary of Labor to adopt such rules and regulations as necessary to achieve the purpose of the Executive Order. It was amended by Executive Order 11375, which provides for equal opportunity on the basis of merit and without discrimination because of sex and by Executive Order 12084, which transfers the compliance functions to the Secretary of Labor. b. 41 CFR Part 60. The rules and regulations adopted by the Department of Labor to implement Executive Order 11246 can be found in 41 CFR Part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 21. APPLICABILITY. The requirements in this section are applicable to federally—assiste.d construction contrac- tors and subcontractors when the construction contract is in excess of $10,000, except where a different dollar amount is noted. In determining the application of the dollar ($10,000) amount to a federally— assisted construction contract or subcontract, the amount of such contract or subcontract rather than the amount of the Federal financial assistance governs. 22. EXECUTIVE ORDER 11246 REQUIREMENTS AND IMPLEMENTATION — SPONSOR. The sponsor is responsible for insuring the inclusion of the applicable clauses and certifications, as listed below, in the appropri- ate bid documents and in the contracts between the sponsor and the prime contractor and between the contractor and subcontractors. a. Equal Employment Opportunity Clause — 41 CFR 60- 1.4(b) (Appendix 4). The sponsor is required to: (1) Incorporate into the contract the Equal Employment Opportunity (EEO) Clause and to assure that the Clause is incorporated into any subcontracts for construction which the contractor may enter into; (2) Comply with the clause with respect to its own employment practices when it uses its own work force to perform the actual construction (]mown as "force account "); (3) Assist the FAA and the Department of Labor in obtaining the compliance of contractors and subcon tractors; (4) Not enter into a contract with a contractor debarred due to a violation of E.Q. 11246. b. Certification of Nonsegregated Facilities — 41 CFR 60-1.8 (Appendix 5). (1) Certification by Contractors and Subcontractors. Prior to the award of any federally — assisted con- struction contract or subcontract subject to the EEO clause, the sponsor must require the prospective contractor to submit a certification that the contractor does not and will not maintain any facilities provided for its employees in a segregated manner on the basis of race, color, religion or national origin. The prime contractor shall also be required to get a similar certification from proposed subcontractors. 4 3131/89 AC 150/5100 -15A (2) Force Account. Sponsors of force account work in excess of 310000 are required to accomplish the necessary certifications of nonsegregated faci sides before FAA approval of the proposed project. c. Affirmative Action Requirements -41 CFR Part 60-4. (1) Solicitations for Offers and Bids. The sponsor is required to include in all solicitalions for offers and bids on all federally-assisted constnrction contracts and subcontracts: (1) The Bid Notice - 41 CFR 60-4.2 (Appendix 6). The goals and timetable for minority and female utilization, issued by the Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor and printed in the Federal Register, are to be inserted by the sponsor. (10 Equal Employment Opportunity Specifications - 41 CFR 60-4.3 (Appendix 7). In addition to being included in all solicitations for offers and bids, these specifications will be included in all FAA assisted construction contracts or subcontracts to be performed in geographical areas designated by the Department of Labor. (2) Contract Award Notice. The sponsor is required to notify the OFCCP within 10 working days of an award of a contract subject to 41 CFR Part 6044. The notification is to include: (i) Name. address and telephone number of the contractor; (i0 Employer identification number, (WWI) Dollar amount of the contract; (Iv) Estimated starring and completion dates of the contract: (v) the contract number, and (vi) The geographical area in which the contract is to be performed 23. EXECUTIVE ORDER 11246 REQUIREMENTS AND IMPLEMENTATION - CONTRACTOR. a. EEO Clause - 41 CFR L4(b) (Appendix 4). This clause must be included in all construction contracts between the sponsor and the contractor and all subcontracts between the contractor and subcontractors in which the amount of the contract or subcontract exceeds 510.000. The following will satisfy the requirements levied by the clause: (1) Solicitations or Advertisements for Employees. Contractors and subcontractors may satisfy the re- quirements of paragraph (2) of the EEO clause by complying with any of the following: (0 Solicitation or Advertising. By stating in the solicitation or the advertising that all quaked appli- cants will receive consideration for employment without regard to race, color, religion, sex, or national origin; (ii) Insignia. By including appropriate insignia in display or other advertising as prescribed by the De- partment of Labor; (iii) Single Advertisement. By using a single advertisement grouped with other advertisements under a caption which clearly states that ail employers in the group assure all qualified applicants will have equal consider- ation for employment without regard to race, color, religion, sex or national origin; or (iv) Language Use. By using the phrase "an equal opportunity employer" in a single advertisement in clearly distinguishable type. (2) Notices to be Posted (Appendix 8). 'These notices are covered by paragraphs (1) and (3) of the EEO clause. The prime contractor or subcontractor must post copies of the notices in conspicuous places available to employees, applicants for employment and representatives of each labor union or other organization(s) representing the employees with which there is a collective bargaining agreement or other contract or understanding. (3) Work On or Near Indian Reservations -- 41 CFR 60- 1.5(a)(6). It is not considered a violation of the EEO clause for a contractor to extend a publicly announced preference in employment of Indians on or near an Indian reservation. Any such preference, however, cannot result in a discrimination among Indians on the basis of religion, sex or tribal affiliation. b. Contractor/Subcontractor Reporting - 41 CFR 60 -1.7. 5 1 AC 150/5100.15A 3/31/69 (1) Monthly Utilization Reports (SF 257). Based on paragraph (5) of the EEO clause, Monthly Utiliza- tion Reports (SF 257) may be required to be submitted to the area office of the OFCCP. This requirement applies to contracts to be performed in areas designated by the Department of Labor. Contractors should contact the area office of the Department of Labor to see if this report is required. (2) Employer Information Report (SF-100). Contratora/subcontractors working on federally - assisted projects are required to file with the sponsor annually, on or before March 31, complete and accurate reports on Standard Form 100 (Employer Information Report, EEO -1). The first such report is required within 30 days aver award unless the contractor/subcontractor has submitted such a report within 12 months preceding the date of award (the FAA or the Department of Labor can designate other intervals). This form is normally furnished based on a mailing list, but can be obtained from the Equal Employment Opportunity Commission (EEOC) - Survey Division, 2401 E St, NW, Washington, D.C. 20507 or by calling (202) 634 -6750. This report is required if a contractor or subcontractor meets all of the following conditions: 0) Nonexempt. If contractors /subcontractors are not exempt based on 41 CFR 60 -1.5; (ii) Number of Employees. Has 50 or more employees; (i6) Dollar Level. Has a contract, subcontract or purchase order amounting to $50,000 or more or serves as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and saving notes; and (iv) Contractor /Subcontractor. Is a prime contractor or first tier subcontractor. Some subcontractors below the first tier who work at the site are required to file if they meet the above requirements. c. Certification of Nonsegregated Facilities - 41 CFR 60-1.8. See paragraph 22b. and Appendix 5. d. Affirmative Action Requirements - 41 CFR Part 60-4. (1) Bid Notice - 41 CFR 60--4.2 (Appendix 6). (i) Coals. The goals are applicable to all the contractor's construction work (wbethcr or not it is feder- ally assisted) performed in the covered area (16 Contract Award Notice. The bid notice requires the prime contractor to provide notification to the Department of Labor within 10 working days of award of any construction subcontract in excess of 510,000 at any tier. The notification shall include: (A) Name, address and telephone number of the subcontractor, (B) Employee identtfira +ion number of the subcontractor, (C) Estimated dollar amount of the subcontract; (D) Estimated starting and completion dates of the subcontract and (E) me geographical area in which the subcontract is to be performed. (2) Standard Equal Employment Opportunity Specifications - 41 CFR 60-4.3 (Appendix 7). (i) The contractor is required to implement the specific affirmative action standards provided in para- graphs 7a through p of the EEO Specifications; (ii) Whenever the contractor or any subcontractor at any tier subcontracts a portion of the work involv- ing any construction trade, it will physically include in each subcontract in excess of $10,000 the provisions of the EEO specifications and the bid notice in (1) above which will contain the applicable goals for minority and female participation; (iii) The contractor is required to designate a responsible official to monitor all employment related aea tivity to ensure that the company EEO policy is being carried out. e. Records. The FAA or the Department of Labor may require a contractor to keep employment or other records and to furnish, in the form requested within reasonable limits, such information as necessary. f. Other Requirements. Contractors and subcontractors should refer to the regulations listed below for af- firmative action guidelines in employee selection: 6 3131/89 AC 15015100 -15A (1) Employee Selection. Guidelines for employee selection are contained in 41 C R Part 60-3. (2) Sex Discrimination. Complete details on nondiscrimination requirements are contained in 41 CFR Pan 60-20. (3) Discrimination Because of Religion or National Origin. See the guidelines contained in 41 CFR Part 60-50. 24. SPONSOR ASSISTANCE AND SANCTIONS. 1. Contractor/Subcontractor Compliance. A sponsor shall assist and cooperate actively with the Depart- ment of Labor in obtaining compliance of contractors and subcontractors with the EEO clause and the rules, regula- tions and relevant orders of the Secretary of Labor. b. Information. A sponsor shall furnish the Department of Labor such information as requited for the su- pervision of compliance matters. . c. Debarred Contractors. A sponsor shall refrain from entering into any contract or contract modification subject to Executive Order 11246, as amended, with a contractor debarred from, ce who has not demonstrated eligi bility for government contracts or federally construction contracts pursuant to Executive Order 11246. as amended. d. Sanctions/Penalties. A sponsor shalt catty out such sanctions and penalties for violation of the EEO clause as may be imposed on contractors and subcontractors by the Department of Labor based on Pan II, Subpart D of the Executive Order. If the sponsor fails or refuses to comply, the FAA may terminate or suspend in whole or in part any contractual agreement it may have with the sponsor. It may refrain from extending any further assistance under any of its programs subject to the Executive Order until satisfactory assurance of future compliance has been received from the sponsor. Additionally, the DOL may refer the case to the Department of Justice for legal proceed- 25. PREAWARD COMPLIANCE REVIEW. Upon the request of the Department of Labor. a sponsor shall not enter into contracts or approve the entry into contracts or subcontracts with any bidder, prospective prime contractor or proposed subcontractor named by the Department of Labor until a preaward compliance review has been con- ducted and approved with a determination that the bidder, prospective prune contractor or proposed subcontractor will be abie to comply with the provisions of the Equal Opportunity clause. 26. ENFORCEMENT. Enforcement of the requirements of Executive Order 11246. as amended, is the responsi- bility of the Department of Labor, which may institute an administrative enforcement proceeding or refer the matter to the Department of Justice for enforcement of contractual provisions. (See 41 CFR 60-1, Subpart B - General Enforcement, Compliance Review and Compliant Procedure.) 21 -29 RESERVED. 7 AC'150/5100 -15A 31/89 SECTION 4. NONDISCRIMINATION IN AIRPORT EMPLOYMENT OPPORTUNITIES 30. AUTHORITY. Section 520 of the Airport and Airway Improvement Act of 1982 concerns nondiscrimina- tion and affirmative action in three areas: employment practices; benefits and services to the public; and disadvan- taged business enterprises (DBE). Section 2 of this AC pertains to nondiscrimination in benefits and services to the public and Section 5 to the DBE program. The remaining area, employment practices on the airport, is treated in this section. 31. APPLICABILITY. a. Sponsors. Section 520 applies to sponsors who receive grants under the current grant program for plan- ning purposes, airport development, land acquisition, and noise compatibility programs. b. Contractors, Tenants, Concessionaires , Lessees. The sponsor is required to pass on to all connecters, tenants, concessionaires, and lessees the general civil rights requirement prohibiting discrimination by inserting the civil rights provision in Appendix 9 in all contracts, leases or other agreements with such contractors, tenants, con- cessionaires and lessees. Further, the sponsor shall require that this provision will be included in all subcontracts, subleases and other agreements at any tier. 32. AIRPORT EMPLOYMENT REQUIREMENTS. All sponsors are required to display federally furnished posters which give notice that the airport operator, lessees, tenants, concessionaires, and contractors shall not dis- criminate because of race, color, national origin, sex, creed, or handicap in public services and employment. (See paragraph 12e and Appendix 3.) 33. -39. RESERVED. SECTION 5. DISADVANTAGED BUSINESS ENTERPRISES PROGRAM 40. AUTHORITY. Executive Order 11625 required Federal agencies to develop plans and programs to encour- age minority business enterprises. The DOT regulation implementing this mandate is 49 CFR Part 23, Participation by Minority Business Enterprise in Department of Transportation Programs. Until May 23, 1988, sponsors complied with the minority business enterprise (MBE) subparts of the regulation. With the passage of the Airport and Airway Safety and Capacity Expansion Act of 1987 (see section 105(0, amending section 505(d) of the Airport and Airway Improvement Act and amendment of Subpart D of the implementing regulations, 49 CFR Part 23) and effective on May 23, 1988, sponsors now comply with the disadvantaged business enterprise (DBE) subpart of the regulation (Subpart D). Disadvantaged Business Enterprise (DBE) means a small business concern that is owned (51%) and controlled by one or more socially and economically disadvantaged individuals, including, for purposes of this defi- nition, women. Other legal authorities which support the DBE rule in relation to the FAA's grant program are Title VI of the Civil Rights Act of 1964, Sections 511(a) and 520 of the Airport and Airway Improvement Act of 1982, as amcndcd, and Executive Orders 12138 and 12432. 41. APPLICABILITY. All sponsors are required, as a condition of project approval, to assume certain DBE obligations as set forth in 49 CFR Part 23. In addition, the is passed on to contractors (both construction and nonconsiruction) a responsibility to make good faith efforts to meet the DBE participation goals contained in the sponsor's bid solicitations. 42. DBE REQUIREMENTS - SPONSOR. a. All Sponsors. All sponsors are required to meet the following four general requirements: (1) Policy and Obligation Statements (Appendix 10). Each sponsor shall include the policy and obliga- tion statement in Appendix 10 in all contracts between the sponsor and any contractor, (2) Advise Contractors. The sponsor shall advise each contractor that failure to carry out the require- ments of the DBE regulations will constitute a breach of contract; (3) Long -Term Exclusive Lease. The sponsor shall not enter into long -term (5 years or more) exclusive leases with nonminorities, unless the FAA cone=s that local circumstances warrant this and the sponsor and the lessor provide for adequate DBE participation throughout the term of the lease. 8 3131188 AC 15015100 -15A (4) Lessees Must Avoid Discrimination. While lessees are not required to establish an affirmative DBE program, they are required to needle@ nondiscrimination in their activities and to provide DBE participation in their leases as required by the sponsor, in order to meet the sponsor's goals, or required by the FAA in order to obtain an exemption from the prohibition against long -term exclusive leases. b. Sponsors Required to Have a Basic DBE Program. Sponsors required to have a basic DBE program are those who receive grants as listed below: Value of Grant all applicants for Planning Grants over 3 75,000 G.A. Development Assistance over 3250,000 Non -/nub Development Assistance over $400,000 In addition to a. above, these sponsors shall adopt a basic DBE program comprised of the following: (1) DBE Directory. As a minimum, the sponsor shall make available to all bidders a list of DBEs in the area who are potential contractors or subcontractors. 'Ibis directory should include: (a) Name of the company; (b) Type of businesSlspeciality; (c) Address; (d) Telephone; (e) Type and extent of ownership (minority/feinale); (f) Contact person. (2) Procedures for DBE Certification. The sponsor shall follow the procedures in Appendix C of Sub- part D of Part 23 for making a determination of social and economic disadvantage. (a) Before making a determination of social and ecamonic disadvantage, the sponsor shall always deter- mine whether the firm is a small business concern, as defined in Subpart D of the regulation If it is not, then the firm is not eligible to be considered a disadvantaged business, and no further determinations need be made. (b) For persons belonging to certain named groups in Subpart D, the sponsor makes a "rebuttable pre- sumption" that such persons are socially and economically disadvantaged. This means that a third party may present evidence that the firm's owners are not truly socially and/or economically disadvantaged, even though they are members of one of the presumptive groups. In this case, the sponsor shall follow the challenge procedures in 49 CFR 23.69. (c) Individuals, who are not presumed to be socially and economically disadvantaged by virtue of mem- bership in one of the named groups, may be found to be socially and economically disadvantaged on a case -by case basis as outlined in Appendix C of Subpart D. (3) Percentage Dollar Goals. There are two types of goals which need to be set - the overall goals and the contract goals. The contract goals need not be submitted with the DBE program, but the methodology used shall be included. (4) Good Faith Efforts. As a condition of awarding a DOT - assisted contract, the sponsor shall deter- mine whether a contractor, who fails to meet the goals, has made good faith efforts to do so. (5) Overall Goals for DBE Leasing Opportunities. Reserved. (6) Records and Reports. These will be submitted as required by the Department of Transportation. c. Sponsors Required to Have a Full DBE Program. Sponsors of large, medium, or small hub airports receiving development grants of over $500,000 are required to comply with a. and b. above plus develop a full DBE program consisting of: (I) Policy Statement. The sponsor's policymaking body shall issue a policy statement, expressing its commitment to the program; 9 AC 150/5100-15A g /31189 (2) Liaison Officer. A liaison officer shall be designated to administer the program; (3) Procedures to Ensure DBE Opportunity to Compete for Contracts and Subcontracts. The spon- sor shall develop and Use affirmative action techniques to facilitate DBE participation in contracting activities; (4) Use of Minority and Women Banks. The full extent of services offered by minority owned banks shall be thoroughly investigated; (5) Procedures to Assure Contractor Compliance. Included in the DBE program shall be a description and the specific language of any preconditions to contracts pertaining to the use of DBEs; (6) Set Aside Procedures. Where not prohibited by State or local law, set -aside procedures may be used if the sponsor determines it is necessary to meet DBE goals and there are at least three DBEs who can meet the requirements and actually submit bids in response to a sponsor's solicitation. 43. DBE REQUIREMENTS - CONTRACTOR. While the sponsor is responsible for meeting the overall re- quirements of the DBE regulation, prime contractors are responsible for making good faith efforts to meet the goals for DBE participation in subcontracting opportunities. 44. IMPLEMENTATION. a. DBE Program Development Kit. A DBE Program Development Kit has been prepared to assist spon- sors in producing acceptable DBE programs. For a complete understanding of the total program and its require- ments, sponsors should obtain copies of this kit from the FAA regional Airports offices or Civil Rights offices. The kit also contains the DBE regulation and the explanatory preamble to the regulation. b. Timing. If a DBE program is required, it shall be submitted at least 45 days prior to the bid solicitation or grant agreement, whichever occurs first. In no event may a grant agreement be issued until the DBE program is submitted and approved. d. Review Process, The review process can be expected to be completed within 45 days from receipt of the sponsor's program. The appropriate review process will be chosen from the following: (1) State DOT Sponsors. For those sponsors where a state department of transportation is the grantee, the Federal Highway Administration (FHWA) has been designated lead agency to review DBE programs. The initial programs shall be submitted to the FHWA Regional Office of Civil Rights, which will coordinate the review proc- ess. Final approval is given by FIIWA after concurrence from each affected agency. Following program approval, revised goals and related information shall be submitted directly to the FAA Regional Civil Rights Office which will provide comments and approval to the sponsor. (2) Other Sponsors. FAA regional airports personnel receive DBE programs from all other sponsors and forward the programs to the FAA Regional Office of Civil Rights. The Regional Office of Civil Rights is responsi- ble for review and approval of these DBE programs. 45. COMPLIANCE. The regional civil rights stab' is responsible for compliance reviews and determinations in accordance with 49 CFR 23.75. 46. --49. RESERVED. 10 3131189 AC 15015100 -15A SECTION 6. NONDISCRIMINATION IN BENEFITS FOR, SERVICES TO, EMPLOYMENT OF AND ACCESSIBILITY FOR THE HANDICAPPED 50. AUTHORITY. a. Rehabilitation Act of 1973, as amended (RL. 93 -112). Section 504 of the Rehabilitation Act of 1973, as amended, provides that "no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimina- tion under any program or activity receiving Federal financial assistance," b. 49 CFR PART 27. The regulation, 49 CFR Part 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, implements Section 504 for the Department of Transportation and sets out detailed requirements for grantees under Federal financial assistance pro- 51. APPLICABILITY. All recipients of Federal financial assistance from the DOT are required to comply with the requirements of Section 504 and 49 C R Part 27. 52. REQUIREMENTS AND IMPLEMENTATION. a. Notice. The sponsor will take steps to notify participants, beneficiaries, applicants. and employees that it does not discriminate on the basis of handicap in admission or access to, or treatment or employment in, its pro- grams and activities. b. Employment. The regulation prohibits employment discrimination and requites the sponsor to make rea- sonable accommodations to the known handicaps of otherwise qualified employees. c. Coordinator. Each sponsor that employs 15 or more persons shall designate at least one person to co- ordinate its efforts to comply with the regulation. It will also adopt complaint procedures for the prompt and equita- ble resolution of complaints alleging any action prohibited by 49 CFR Part 27. d. Accessibility (Appendix 11). The sponsor is required to make its existing and future facilities and pro- grams accessible to handicapped persons by providing specific equipment to accommodate them or incorporating the Uniform Federal Accessibility Standards (49 Fed. Reg. 31528, August 7, 1984) in the development of public service facilities. These Standards were issued jointly by the General Services Administration, Housing and Urban Development, the Department of Defense, and the United States Postal Service. Subpart D of 49 CFR Part 27 lists various specific requirements for airports, such as boarding devices, ticketing and baggage check -in designs, etc. 53.-99. RESERVED. 11 (and 12) AC 15W5100 —ISA 3/31189 Appendix 1 APPENDIX 1 -CIVIL RIGHTS GRANT ASSURANCE Page 2 of this Appendix Contains the general grant romance which is incorporated in all grant agreements between a sponsor and die FAA. 1 i AC 160/5100 -15A Appendbt 1 3131/89 Civil Rights The sponsor will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal or renal property or interest therein or structures or improve- ments thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the sponsor retains ownership or possession of the property. 2 AC 15015100 -15A 3/31/89 Appendix 2 APPENDIX 2- STANDARD DOT TITLE VI ASSURANCES 1. The assurances found on page 2 and 3 of this Appendix must be included in each system planning grant and the fist grant for construction, the purchase of land, or for noise implementation projects. 2. The clauses in Attachment 1 of this Appendix treed to be inserted in all contracts entered into by the sponsor. 3. The appropriate clauses of Attachment 2 of this Appendix need to be inserted as a covenant running with the land, in any future deeds, leases, permits, and similar agreements entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under a Federal financial assistance pro- gram of the DOT/FAA; and b. For the construction or use of or access to space an, over or under real property acquired or improved under the Airport Improvement Program or other Federal financial assistance program of the DOT/FAA. 1 AC 150/5100-15A Appendix 2 3131189 STANDARD DOT TITLE V! ASSURANCES (Name of Sponsor) (hereinafter referred to as the Sponsor) hereby agrees that as a con- dition to receiving Federal financial assistance from the Department of Transpoaation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation — Effectuation of Title VI of die Civil Rights Act of 1964 (hereinafter referred to as the "Regulations ") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of. or be otherwise subjected to discrimination under any program or activity for which the applicant re- ceives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: L Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regula- Lions. 3. Where Federal financial assistance is received to constract a facility, or part of a facility, the assurance shell extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the farm or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land. in any future deeds, l eases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is ex- tended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of Transporta- tion or the official to whose he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal finan- cial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regale- dons, and this assurance. 8. It agrees that the United States has a right to seek judicial enforcement with regard to any shatter arising under the Act, the Regulations, and this assurance. 2 AC 150/5100 -15A 3151/89 Appendix 2 THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees. successors in interest and other participants in the Project The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor; DATED; (Sponsor) BY (Signature of Authorized Official) 3 AC 15015100 -15A Appendix 2 3/31/89 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 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 shall comply with the Regulations relative to nondiscrim- ination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 13 of the Regulations. 3. Solldtations for Subcontracts, Including Procurements of Materials and Equipment. In all solicita- tions either by competitive bidding or negotiation made by the contractor for work to be performed under a subcon- tract, including procurements of materials or leases of equipment, each potential subcontractor cc supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondis- crimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Reg - ulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration ( FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any informa- tion required of a contractor is in the exclusive possession of another who fails or refuses to furnish this informa- tion, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimina- tion provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor :order the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 2 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or pro- curement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litiga- tion with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. AC 150/5100-15A 3131l89 Appendix 2 CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, Iessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree on the case of deeds and leases add "as a covenant running with the land ") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and sent- Ices in compliance with all other requirements imposed pursuant to 49 CFR Pan 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The ( grantee, licensee, lessee, permitee., etc., as appropriate) for himself, his personal representatives, suc- cessors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and Ieases add "as a covenant running with the land ") that (I) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimi- nation in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of more, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Pan 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 5 (and 6: 3/31/89 AC 15015100 -15A Ap eadlx 3 APPENDIX 3- NOTICE OF NONDISCRIMINATION The notice on page 2 of this Appendix is required to bo displayed in the public areas of the airport. FAA will furnish this notice. 1 2 AC 15015100 -15A Ap ndlx 3 3/31/89 UNLAWFUL DISCRIMINATION It is unlawful for airport operators and their lessees, tenants, concessionaires and contractors to discriminate against any person because of race, color. national mien, sea, creed, or handicap in public services and employment opportunities. Allegations of discrimination should be promptly reported to the Airport Manager or Federal Aviation Administration Office of Civil Rights, ACR -1 800 Independence Avenue, SW. Washington, DC 20591 Federal regulations on unlawful discrimination are available for review in the Airport Manager's Office. DISCRIMINACION ILEGAL Se prohibe a los empresarios de aeropuertas y a sus arzendatarias, inquilinos. cortcesionariaa y contratistas discriminar contra cualquier persona por modvo de raze, color, origen national, sexo, latencies religiosas o impedimentos, en lo que respecta a servicios pibblicos y opommi- dades de empleo. Las alegaciones de discriminacidn debetht dirigirse inmediatamente al Admin- istrador del Aen puexto o a: Federal Aviation Administration Office of Civil Rights, ACR-1 800 Independence Avenue, SW. Washington, DC 20591 Los reglamenms sobre discriminacidn ilegal estgn a la disposicidn de los interesados pare su examen en la oficina del Administrador del Aeropuerto. AC 15a15100 -15A 3131189 Appendix 4 APPENDIX 4 -EQUAL EMPLOYMENT OPPORTUNITY CLAUSE The clauses of Appendix 4 on the following' page are required to be inserted in federally - assisted construction comtracts in excess of $10,000. Prime contractors must include the clauses in each of their subcontracts. (See 41 CFR 60-1.4(b).) 1 AC 150/5100 -15A Appendix 4 3131189 APPENDIX 4-EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (FOR INCLUSION IN ALL AIP CONSTRUCTION CONTRACTS IN EXCESS OF $10,000) During the performance of this contract, the contractor agrees as follows: (1) Tine contractor will not discriminate against any employee or applicant for employment because of. race, color, religion, sex, or national origin. The con- tactor will take affirmative action w ensure that appli- cants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall in- clude, but not be limited to the following: Employ- Merit, upgrading, demotion, or transfer. recruitment or recruitment advertising; Layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to em- ployees and applicants far employment, notices to be provided setting forth the provisions of this nondis- crimination clause. (2) The contractor will, in all solicitations or ad- vertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race. color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a col- lective bargaining agreement or other contract or un- derstanding, a notice to be provided advising the said labor union or workers' representatives of the contrac- tor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The connector will comply with all provi- sions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of Sep- 2 tember 24, 1965. and by rules. regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompli- ance with the nondiscrimination clauses of this con- tract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government crnntracts or federally assisted construction contracts in accord- ance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanc- tions may be imposed and remedies invoked as provid- ed in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided bylaw. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every sub- contract or purchase order unless exempted by rules, regulations. or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 1I246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The con- tractor will take such action with respect to any sub- contract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided how- ever, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the adminis- tering agency the connector may request the United States to enter into such litigation to protect the inter- ests of the United States. AC 15015100 -15A 3/31/89 Appendix 5 APPENDIX 5- REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES The notice for certification of nonsegregated facilities and the certification, itself, are required for federally-assisted construction contracts in excess of $10,000 (41 CFR 60-1.8). The mquined clauses are found on pages 2 and 3 of this Appendix and consist of: a. The notice to contractors to be included in the 7nvitadon for Bids (this actually consists of the notice stating that contractors are required to submit a certification and the notice the contrac tors must provide to prospec- tive subcontractors; b. The certification required from the contractor and the subcontractors; c. The certification of the sponsor who is using force account to perform the construction. 1 AC 15015100 -15A Appendix 5 3/31/59 NOTICE TO PROSPECTIVE FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS 1. A Certification of Nonsegregated Facilities must be submitted prior to the award of a federally - assisted con- struction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contactors receiving federally-assisted construction contract awards exceeding 310,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making statements in offers is prescribed in 18 U.S.C. 1001. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES 1. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding 310,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contactors receiving subcontract awards exceeding s10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed 310,000 and are not exempt from the provi- sions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. IDOL CERTIFICATION TO BE SUBMITTED BY FEDERALLY ASSISTED CONSTRUCTION CONTRACTORS AND THEIR SUBCONTRACTORS (APPLICABLE TO FEDERALLY ASSISTED CONSTRUCTION CONTRACTS AND RELATED SUBCONTRACTS EXCEEDING $101000 WHICH ARE NOT EXEMPT FROM THE EQUAL OPPORTUNITY CLAUSE) CERTIFICATION OF NONSEGREGATED FACILITIES The federally - assisted construction contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally- assisted construction contractor certifies that he will not maintain or provide, for his employees. segregated facilities at any of his estab- lishments and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the terns "segregated facilities" means any waiting rooms. work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recrea- tion or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The Federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical cer- tifications from proposed subcontractors prior to the award of subcontracts exceeding 310,000 which are not exempt from the provisions of the Equal Opportunity Clause and that he will retain such certifications in his files. 2 341/89 AC 15015100 -155A Appendix 5 CERTIFICATIONS OF NONSEGREGATED FACILITIES BY SPONSORS OF FEDERAL ASSISTANCE WHO ARE THEMSELVES PERFORMING CONSTRUCTION CONTRACTS The Sponsor certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any Iocation under its control where segregated facilities are maintained. It further certifies that it will not maintain or provide for its employees any segregated facilities at any of its establishments and that it will not permit its employees to perform their serv- ices at any location under its control where segregated facilities are maintained. The Sponsor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, dmeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recrea- tion or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. It further gees that it will obtain identical certifications from proposed contrac- tors prior to the award of contracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that it will retain such certifications in its files; and that it will fozward the following aotfce to such proposed contractors: NOTICE TO PROSPECTIVE CONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted prior to the award of a contract cc subcontract ex- ceeding 510,000 which is not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in U.S.C. 1001. 3 (and 4) AC 15015100 -15A 3131189 Apptmdbc 6 APPENDIX 6- NOTICE FOR SOLICITATIONS FOR BIDS The Bid Notice on page 2 of this Appendix must be included in all solicitations and bids an all federally-assisted =sanction contracts in excess of $10,000 to be perfenn ed in the geographical area designated by the Director, OFCCP. (See 41 CPR 60 -4.2.) AC 150/5100 -15A Appendix 6 3/31/89 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as amended) 1. The Oferor's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. me goals and timetables for minority and female participation, expressed in percentage terms for the contrac- tor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority Goals for female participation for each participation in each trade made Insert goals for each year Insert goals for each year These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assist- ed) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, It shall apply the goals established for such geographical area where the work is actual- ly performed. With regard to this second area the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Pact 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifi- cations set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and female employ- ment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole purpose of meeting the contractor's goals, shall be a violation of the contract, the Executive Order. and the regulations in 41 �R Part 60-4. Compliance with the goals will be measured against the total work hours per- formed. 3. The contactor shall provide written notification to the Director, OFCCP, within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitat ion. The notification shall list the name, address, and telephone number of the subcontractor. employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and com- pletion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is (insert descrip- tion of the geographical areas where the contract is to be performed giving the state, county, and city, if any). 2 AC 150!5100 -15A 3131189 Appendix 7 APPENDIX 7-STANDARD EEO SPECIFICATIONS The Surd Federal Equal Employment Opportunity Coaswuctioe Contract Specifications (Executive Order 11246, as ed) are to be included in all feted construction contracts or subcontracts (including the Solici- tations for Bids) in excess of $10.000 to be performed in geographical was designated by the Director, OFCCP. (41 CFR 60 -4.3.) 1 AC 150/5100 -15A Appendix 7 3/31/88 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246, as amended) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract result- ed; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department From 941; d. "Minority" includes: (1) Black On persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far Fast, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identifi- cation). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction wade, it shall physically include in each subcontract in excess of $10,000 the provisions of these speci- fications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. if the contractor is participating (pursuant to 41 CFR 60 -4.5) in a Hometown Plan approved by the U.S. Depart- ment of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith perfommance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as per- centages of the total hours of employment and training of minority and female utilisation the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally - assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice farm, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the con- tractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obli- gations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 2 AC 150/5100 -15A 3131189 Appendix 7 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the avail- ability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure Equal Employment Opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon Us effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affumaiive action steps at least as extensive as the following a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites. and in all facilities at which the contractor's employees are assigned to work, The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superin- tendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notifica- don to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a currant file of the names, addresses, and telephone numbers of each minority and female of - the - street applicant and minority or female refenai from a union. a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining ag:eement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other inforniaiion that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on -the -job training opportunities and/or participate in training programs for the area which ex- pressly include minorities and women, including upgrading programs and apprenticeship and trainee programs rele- vant to the connector's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc; by specific review of the policy with all management personnel and with all minority and female employees at least once a year, and by posting the company EEO policy on bulletin boards accessible to all employees at each loca- tion where construaion work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these speci- fications with all employees having any responsibility for hiring, assignment, layoff, termination, or Other employ - mem decisions including specific review of these items with onsite supervisory personnel such as superintendents, general foramen, etc., prior to the initiation of construction work at any job sits. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and dispo- sition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. L Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serv- 3 AC 150/5100-15A Appendix 7 341189 ing the contractor's recruitment atea and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. J. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor asso- ciations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contrac- tor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contrac- tor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, how- ever. is required to provide Equal Employment Opportunity and to take affirmative action for all minority groups, both male and female. and all women, both minority and nonminority. Consequently. the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. IL The contractor shall not enter into any subcontract with any person or firm debarred from Government con- tracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination. and cancellation of existing subcontracts as may be unposed or ordered pursuant to Executive Order 11246, as amended, and its Implementing regulations, by the Office of Federal Contract Compliance Program. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to 4 3131189 AC 15015100 -15A Appendix 7 achieve maximum results from its efforts to ensure equal employment opporlurnity. If the contractor fails to comply with the requirements of the Execulive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 �R 64 -4.8. 14 The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may he required by the Government, and to keep records. Records shall at least include for each employee, the name, address, tele- phone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, hel per, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable dorm; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish gent standatds of compliance or upon the application of requirements for the hiring of local or other area resi- dents (e.g., those uncle; the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 5 (and 6) i AC 150/5100 -15A 3/31189 Appendix 8 APPENDIX 8- NOTICES TO BE POSTED PER PARAGRAPHS (1) AND (3) OF THE EEO CLAUSE Pape 2 of this Appendix contains the notices which are to be posted as required by paragraphs (1) and (3) of the Egsal Opportunity Clause for federally- assisted construction contracts in excess of $10,000. (41 CFR 60-1.42) 1 AC 150/5100 -15A Appendix 8 3131189 APPENDIX 8- NOTICES TO SE POSTED PER PARAGRAPHS (1) AND (3) OF THE EEO CLAUSE Equal Employment Opportunity is the Lam -- Discrimination is Prohibited by the Civil Rights Act of 1964 and by Executive Order No 11246 Title VII of the Civil Rights Act of 1964— AdnminL rered by: The Equal Employment Opportunity Commission Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin by Employers with 75 or more employees, by Labor Organizations with a hiring hall of 75 or more members, by Employment Agencies, and by Joint Labor – Management Committees for Apprenticeship or Training. After July 1, 1967, employers and labor organizations with 50 or more employees or members will be covered; after July 1, 1968, those with 25 or more will be covered. ANY PERSON – Who believes he or she has been discriminated against SHOULD CONTACT the The Equal Employment Opportunity Commission 2401 E Street, NW Washington, DC 20506 Executive Order No. 11246 – Asenfa stered by: The Office of Federal Contract Compliance Programs Prohibits discrimination because of Race, Color, Religion, Sex, or National Origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. By all Federal Government Contractors and Subcontractors, and by Contractors Performing Work Under a Fed - eral Assisted Construction Contract, regardless of the number of employees in either case. ANY PERSON – Who believes he or she has been discriminated against SHOULD CONTACT the: The Office of Federal Contract Compliance Pmgrarns U.S. Department of Labor Washington, DC 20210 2 AC 150/5100 -15A 3/31/89 Appendix 9 APPENDIX 9--GENERAL CIVIL RIGHTS PROVISION FOR CONTRACTS, LEASES, AND OTHER AIRPORT AGREEMENTS Page 2 of this Appendix contains the General Civil Rights provision which shall be inserted by the sponsor in all airport contracts, leases, and other agreements with tenants, concessionaires, and lessees. Furthermore, this provision shall be inserted in all subcontracts, subleases, and other agreements at all tiers. 1 2 AC 15015100 -15A Appendix 9 313'1189 The eootracwr /tenant/cancessioaaireIlessee assures that it will comply with pertinent statures, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these caws, the Provision obligates the party or any transferee for the longer of the following periods; (a) the period during which the property is used by the sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of contactors,, this Provision binds the contractors from the bid solicitation period through the completion of the contract. AC 15OI5100 -15A 3131/59 Appendix 10 APPENDIX 10-DBE REQUIRED STATEMENTS Page 2 of this Appendix captains the Policy and DBE Obligation statements Which ace to be included in all DOT— assisted contracts between the sponsor and any COMMIX. These statements arc taken from 49 CFR 23.43 which Wades additional ianguage which is applicable to the sponsor. 1 AC 150/5100-15A Appendix 10 3131/89 Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Pan 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as de- fined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sat in the award and performance of DOT— assisted contacts. 2 AC 15015100 —i5A 341189 Appendix 11 APPENDIX 11- HANDICAPPED ACCESSIBILITY REQUIREMENTS The following pages contain Subpart D of 49 CFR Pact 27, Nondiscrimination on the Basis of Handicap in Pro- grams and Activities Receiving or Benefiting from Fedora! Financial Assistance. This subpart contains specific re- quiranents with which airports receiving Federal financjal assistance must comply. AC 150/5100-15A Appendix 11 Subpart D— Program Accessibility Requirements in Specific Operating Administration Programs: Air - ports, Railroads, Highways and Mass Transit §22.71 Federal Aviation Administration --Air- ports. (a) Fixed facilities; New terminals- (1)Terminal facilities designed and constructed by or for the use of a recipient of Federal financial assistance on or after the effective date of this part, the intended use of which will require it to be accessible to the public or may result in the employment therein of physically handicapped persons, shall be designed or constructed in accordance with the ANSI standards. Where there is ambiguity or contradiction between the definitions and the standards used by ANSI and the definitions and standards used in paragraph (a)(2) of this section. the ANSI terms should be interpreted in a manner that will make them consistent with the standards in paragraph (a)(2) of this section. If this cannot be done, the stand- ards in paragraph (aX2) of this section prevail. (2) In addition to the ANSI standards, the follow- ing standards apply to new airport terminal facilities (1) Airport terminal circulation and flaw. The basic terminal design shall permit efficient entrance and movement of handicapped persons while at the same time giving consideration to their convenience, comfort„ and safety. It is also essential that the design, especially concerning the location of elevators, escalaa- locs, and similar devices, minimize any extra distance that wheel chair users must travel compared to non- handicapped persons, to reach ticket counters. waiting areas, baggage handling areas, and boarding locations. (ii) International accessibility symbol. The inter- national accessibility symbol shall be displayed at ac- cessible entrances to buildings that meet the ANSI standards. (iii) Ticketing. The ticketing system shall be de- signed to provide handicapped persons with the oppor- tunity to use the primary fare collection area to obtain ticket issuance and make fare payment iiv) Baggage check -in and retrieval. Baggage areas shall be accessible to handicapped persons. The facility shall be designed to provide for efficient han- dling and retrieval of baggage by all persons. (v) Boarding. Each operator at an airport receiv- ing any Federal financial assistance shall assure that adequate assistance is provided for enplaning and de- planing handicapped persons. Boarding by jetways and by passenger lounge are the preferred methods for movement of handicapped persons between terminal buildings and aircraft at air carrier airports; however, where this is not practicable, operators at air carrier airport terminals shall assure that there are lifts, mains, or other suitable devices not normally used for move- 2 3131189 meat of height that are available for enplaning and de- planing wheelchair users. (vi) Telephone.:. Wherever there are public tele- phone centers in terminals, at least one clearly marked telephone shall be equipped with a volume contral or sound booster device and with a device available to handicapped persons that makes telephone communica- tion possible for persons wearing hearing aids. (vii) Teletypewriter. Each airport shall ensure that there is sufficient teletypewriter (1TY) service to permit hearing-impaired persons to communicate read- ily with airline ticket agents and other personnel. (viii) Vehicular loading and unloading areas Several spaces adjacent to the terminal building entrance. separated from the main flow of traffic, and clearly marked. shall be made available for the loading and unloading of handicapped passengers from motor vehicles. The spaces shall allow individuals in wheel- chairs or with braces or crutches to get in and out of automobiles onto a level surface suitable for wheeling and walking. (ix) Parking. In addition to the requirements in the ANSI standards the following requirements shall be inset: (A) Curb cuts or ramps with grades not exceed- ing 8.33 percent shall be provided at crosswalks be- tween park areas and the terminal; (B) Where multi -level parking is provided, ample and clearly marked space shall be reserved for ambule. tory and semi - ambulatory handicapped persons on the level nearest the ticketing and boarding portion of the terminal facilities, and (C) In multi -level parking areas, elevators, ramps, or other devices that can accommodate wheel- chair users shall be easily available. (x) Waiting arealpublic space. As the major public area of the airport terminal facility, the environ- ment in the waiting area/public space should give the handicapped person confidence and security in using the facility. The space shall be designed to accommo- date the handicapped providing clear direction about how to use all passenger facilities. (xi) Airport terminal information. Airport termi- nal information systems shall take into consideration the needs of handicapped persons. The primary infor- mation mode shall be visual words and letters. or sym- bols, using lighting and color coding. AGport terminals shall also have facilities providing information orally. (xii) Public services Public service facilities such as public toilets, drinking fountains, telephones, travelers aid and first aid medial facilities shall be de- signed in accordance with ANSI standards, (b) Fixed facilities; existing terminals. (l) Structural changes. Where structural changes are necessary to make existing air carrier terminals 3/31189 Appendix 11 AC 150/5100-15A which are owned and operated by recipients of Federal financial assistance accessible to and usable by handi- capped persons, such changes shall be made in accord- ance with the ANSI standards as soon as practicable, but in no event later than Trees years after the effecdve date of this part (2) Ongoing renovation. In terminals that are un- dergoing stxucotral changes involving entrances, exits, interior doors, elevators. stairs, baggage areas, drinking fountains, toilets, telephones, eating places, curbs, and parking areas, recipients shall begin immediately to in -. corporate accessibility features. (3) Transidon. Where extensive structural changes to existing facilities are necessary to meet ac- cessibility requirements, recipients shall develop a transition plan in accordetico with g27.65(d) and submit it to the Federal Aviation Administration (FAA). Transition plans are reviewed and approved or disapproved by the FAA as expeditiously as possible after they are received. (4) Boarding. Each operator at an airport receiv- ing any Federal financial assistance shall assure that adequate assistance is provided incident to enplaning and deplaning handicapped persons. Within three years from the effective date of this pan, recipients operating terminals at air carder airports that are not equipped with jetways or passenger lounges for boarding and unboarding shall assure that there are lifts, ramps, or other suitable devices, not normally used for move - ment of freight, are available for enplaning and de- planing wheelchair users. (5) Passenger service :. Recipients operating ter- minals at air carrier airports shall assure that there are provisions for assisting handicapped passengers upon request in movement into, out of, and within the termi- nal, and in the use of terminal facilities, including bag - gage handling. (6) Guide dogs. Seeing eye and hearing guide dogs shall be permitted to accompany their owners and shall be accorded all the privileges of the passengers whom they accompany in regard to access to terminals and facilities. 3 (and 4) EXHIBIT F CITY OF CORPUS CHRISTI, TEXAS Disadvantaged Business Enterprise (DBE) Assurances Policy. It is the policy of the Department of Transportation (DOT) that disadvantaged business enterprises in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation. The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. E N G I N E E R S SCHEDULE OF HOURLY FEES* EXHIBIT G Principal $145.00 /hour Senior Project Manager $130.00/hour Electrical Engineer $120.00 /hour Project Manager $110.00 /hour Senior Project Engineer $95.00/hour Project Engineer $85.00 /hour Design Engineer $75.00 /hour Senior Design Technician $65.00 /hour Design Technician $60.00 /hour Project Assistant $55.00 /hour CADD Technician $50.00 /hour Bridge Inspector $55.00 /hour Administrative Assistant $50.00 /hour Secretary $40.00/hour Senior Project Representative $65.00/hour Project Representative $55.00 /hour Four -Man Survey Crew $150.00 /hour Three -Man Survey Crew $120.00 /hour Two -Man Survey Crew $90.00/hour Registered Surveyor $80.00 /hour Survey Technician $60.00 /hour Mileage $0.58 /mile Flat Bottom Boat $100.00 /day GPS Equipment $125.00/day ATV (4- Wheeler) $100.00 /day Per Diem (Survey Crew): Meals, $25.00 /person /day Lodging, $60.00 /day /2 -man crew Reimbursable Expenses (Travel, Copies, Printing) Actual Cost Outside Consultants Cost + 15% *Subject to adjustments on annual basis for inflation or deflation. Any changes must be approved in writing by Owner and Engineer. Exhibit A -1 Task Order No. 1 This is Task Order No. 1 , consisting of 2 pages. In accordance with this Contract for A/E Professional Services between the City of Corpus Christi, Texas (CITY) and e1 KSA Engineers, Inc. (A/E) for Professional Services, dated `� au 17 a-C:11' ("Agreement"), constituting authorization by the CITY for the A/E to provide engineering services for the following project at Corpus Christi International Airport: 1. Specific Project Data A. Title: Preparation of Environmental Assessment B. Description: Prepare an Environmental Assessment (EA) for the shifting of Runway 17 -35 by approximately 600 feet to the north and shifting Runway 13 -31 by approximately 1,600 feet to the north. 2. Services of A/E A. Sub - contact with an environmental firm to provide planning and environmental services necessary to fully evaluate the applicable environmental impact categories and prepare an Environmental Assessment (EA) pursuant to the requirements of Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (PL 91 -190, 42 USC 4321 et. seq.) as outlined in 40 CFR 1500 -1508. The format and subject matter included within the EA will conform to the requirements and standards set forth by the Federal Aviation Administration (FAA) as contained principally in FAA Order 1050.1E, Environmental Impacts: Policies and Procedures and appropriate items in Order 5050.4B, National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions. The Federal Aviation Administration (FAA) will serve as the Lead Agency in the NEPA process. The preparation of an Environmental Impact Statement (EIS), should it prove necessary, is not included within this Scope of Services. B. Attend meetings & telephone conferences, provide engineering support on other tasks, and coordinate with subconsultants, FAA, and Airport for the EA. 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this contract. 4. Time for Rendering Services Service Time Requirement Completion Date 1. Draft EA Phase 9 months following NT 1 December 2011, 12:00:00 pm CDT 2. Final EA Phase 2 months following 15 January 2012, 12:00:00 pm CDT approval of the Draft EA 3. Approved FONSI 2 months 15 March 2012, 12 :00:00 pm CDT City of Corpus Christi, Texas Task order No. 1 Page 1 of 2 CRP -002M 5. Payments to Engineer In return for the services described above, the CITY shall pay the A/E as described in Attachment B to Task Order No. 1. The total cost of all services provided under this Task Order will not exceed $161,649 without prior written approval by the CITY. City of Corpus Christi, Texas Task Order No. Page 2of 2 CRP -002M ATTACHMENT A SCOPE OF SERVICES ENVIRONMENTAL ASSESSMENT FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS General Proiect Description The project is described as the planning and environmental services necessary to fully evaluate the applicable environmental impact categories and prepare an Environmental Assessment (EA) pursuant to the requirements of Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (PL 91 -190, 42 USC 4321 et. seq.) as outlined in 40 CFR 1500 -1508. The format and subject matter included within the EA will conform to the requirements and standards set forth by the Federal Aviation Administration (FAA) as contained principally in FAA Order 1050.1E, Environmental Impacts: Policies and Procedures and appropriate items in Order 5050.4B, National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions. The Federal Aviation Administration (FAA) will serve as the Lead Agency in the NEPA process. The preparation of an Environmental Impact Statement (EIS), should it prove necessary, is not included within this Scope of Services. The EA will evaluate proposed runway safety improvements at Corpus Christi International Airport. Over the past few years Corpus Christi International Airport has experienced several runway incursions near the approaches to Runway 31 and 35. To address the runway safety concerns the airport commissioned the preparation of a Runway Alternatives Study that evaluated the manner in which to best address the incursion situation. The Runway Alternatives Study recommended a 1,000-foot shift to the north for Runway 13 -31 and a 600 foot shift to the north for Runway 17 -35. The runway shifts will require the relocation of navigational aids as well as the acquisition of property interest for the shifted runway protection zones (RPZs). Subsequently, the project has been revised to consider a 1,600 foot shift to the north for Runway 13 -31. It is believed that the additional 600 foot will be necessary to mitigate a potential airport traffic control tower (ATCT) personnel sight -line issue with the ASR -11 antenna. This ASR -11 line -of -sight issue is currently being studied with plans for completion in August, 2011. Thus, this EA will consider the project to be a northerly 1,600 foot shift of Runway 13 -31 to include abandoning the existing southern 1,000 foot of runway as well as a 600 foot northerly shift of Runway 17 -35 and abandonment of the southernmost 600 feet of existing pavement. A number of assumptions were made during the preparation of this scope of work. As needed, these assumptions are described within the appropriate tasks and highlighted with the use of italicized text. Page 1 of 13 ELEMENT 1— INVENTORY Task 1.1— Study Design Detailed descriptions of each item of work required for completion of the EA for Corpus Christi International Airport (Airport) will be prepared. Guidelines provided by the Airport and those drawn from the FAA guidance documents will be integrated into the scope of work. Initial and final draft copies of the work program will be prepared and delivered to the Airport for comments. The final product of this task will be a scope of services that will be attached and made a part of the project contract documents. Charts of the project work flow /schedule will also be included. Each task to be performed will be evaluated to estimate the number of person -days necessary to accomplish the work efforts and the cost per person -day based on the billing classifications of the planning professionals assigned. Expenses for materials, reproduction and printing, and miscellaneous study - related costs will also be estimated. When estimated person -days have been established, they will provide input to the development of a project schedule identifying allowable time frames for major phases of the study. This schedule will also identify milestones for deliverables of each element to be submitted for review. A detailed element -by- element itemization of project person -days and costs with a final project time schedule in graph form will be attached to all copies of the final work scope. Two (2) members of the Coffman Associates team will attend teleconferences to define, clarify, and establish task descriptions, work efforts, responsibilities, and the overall requirements of the work scope. Task 1.2 — Initial Project Inventory After the notice -to- proceed is issued, a kick -off meeting will be held with the Airport. The purpose of the meeting will be to view the project area and discuss the timeframe, agency scoping, and field survey process for the project as well as the various entities roles and responsibilities. Information will be obtained regarding known environmental issues as they relate to the proposed airport improvements. The meetings will be attended by the Coffman Associates project manager. ELEMENT TWO -- PROJECT DEFINITION Task 2.1- Agency Coordination Coffinan Associates will prepare detailed agency scoping letters and supplemental materials for distribution to appropriate federal, state, and local agencies. The letters will be tailored to request input specific to each agency's role and responsibility in protecting and preserving the environment. The scoping materials will announce the preparation of the EA and will solicit input regarding known environmental resources and environmental issues or concerns related to Page 2ofl3 the project area. The letters will be sent to the agencies for review with a requested response date approximately 45 days from the date of the letter submittal. Task 2.2 - Preparation of Purpose and Need Statement Coffman Associates will prepare a detailed statement of the purpose and need for the proposed safety improvements at the airport. In accordance with the requirements of FAA Order 1050.1E, aviation forecasts will be used to support the project purpose and need. For the purposes of this EA the FAA's most recent Terminal Area Forecasts will be accepted and utilized, should new forecasts become necessary, their preparation will require a modification to this scope of services. It is further assumed that the need for the project is based solely upon established FAA safety standards. As noted in the General Project Description, the project has been defined as follows: • 1,600 -foot shift for Runway 13 -31 to the north; abandon for operational use the existing southernmost 1,000 feet of runway. Project will include taxiway access modification to the relocated southern end of the runway. • 600 -foot northerly shift for Runway 17-35; abandon for operational use the existing southernmost 600 feet of runway. Project will include taxiway access modification to the relocated south end of runway. As defined, the project will increase the operational length of Runway 13 -31 by 600 feet. Coffman Associates has been instructed by the FAA via the Prime Consultant (KSA) that this added length would be considered part of a safety need due to the ATCT line -of -sight issues with the ASR -11 antenna. If FAA deems the added length not part of the safety project, the purpose and need will be modified to remove the additional 600 feet. As such, no new runway length analysis will be conducted, nor will justification for additional operational length be given. It will be assumed that the added length is included only for safety purposes. Furthermore, the southernmost runway abandoned in each alternative will not be considered as usable runway in this study. The pavement may or may not be removed based on cost factors; however, this study will not include the benefits or impacts of utilizing pavement for operational length, stopway, and/or clearway purposes. Any requirement for Coffman Associates to perform runway length analysis will require a scope and fee revision. The purpose and need statement will clearly identify and describe the proposed action, the purpose and time frame of the project, and the need the proposed airport improvements are intended to address. This discussion will serve as Chapter One of the EA. Task 2.3 — Alternatives Two alternatives will be evaluated within the EA. The alternatives will include a no action alternative and a proposed action alternative. The proposed action alternative will include a 1,600 foot shift of Runway 13 -31 and a 600 foot shift of Runway 17 -35. Pavement beyond the runway ends will be considered abandoned and/or unusable for runway length calculation. This task will serve as Chapter Two of the EA_ Page 3 of 13 It is assumed no additional alternatives will be evaluated. Should additional alternatives need to be evaluated a modification to this scope of work and associated fee will be warranted ELEMENT THREE - AFFECTED ENVIRONMENT Task 3.1— Review Existing Environmental Information Utilize a number of resources such as the internet, previously prepared environmental studies, and comments received from the various resource agencies to obtain information regarding the existing environment at Corpus Christi International Airport. Consult and coordinate with the various local, state, and federal agencies as may be appropriate based on initial agency coordination. Prepare initial documentation and maps that depict known environmental resources and sensitivities. Task 3.1.1— Biological Resource Inventory Biologists will conduct limited, initial coordination with pertinent regulatory agencies to determine the potential for protected species in the area of the airport. Reconnaissance -level field surveys will then be conducted within the project area to characterize available sensitive habitat and document any threatened or endangered species encountered. A protected species assessment report will be prepared to document the listed protected species in the area, the species habitat preference, detailed description of the habitats within the project area, and an analysis of whether any protected species habitat and/or individuals are present in the project area. Coffinan Associates will assist FAA with Section 7 Consultation if so desired. It is assumed that the project will not require formal consultation with the USFWS. Task 3.1.2 — Environmental Due Diligence Audit SWCA will complete an Environmental Due Diligence Audit (EDDA) Phase I Environmental Site Assessment (ESA) in compliance with FAA guidance dated June 2002, Environmental Due Diligence Audits in the Conduct of FAA Real Property Transactions. This guidance calls for a level of detail and analysis consistent with American Society for Testing and Materials (ASTM) Standard E 1527 -05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (2005). The objective of the EDDA Phase I ESA will be to assess the presence of recognized environmental conditions (RECs) located in, under, or originating from the site. Please note that Phase H and Phase III activities as described in the FAA guidance are not included as part of this scope of work. The scope of work for the EDDA will consist of the following four activities: Records Review. Review of available historical documents including: 1) aerial photographs; 2) chain -of -title documentation (if requested); and 3) Sanborn fire insurance maps, and other land - use documents (if available) to identify past operations or activities which may have caused adverse environmental impacts. If made available by the client, SWCA also will review copies of Page 4 of 13 environmental reports previously prepared for the site, environmental compliance audits, environmental permits, environmental liens or activity -use limitations, or any other available environmental documents relating to the site. Specialized knowledge or experience relating to the property or nearby properties will be reviewed by SWCA if provided by the client. Additionally, available state and federal regulatory databases will be reviewed to assess whether the site or nearby facilities have been subject to any environmental actions or review. The regulatory database review will, at a minimum, include the databases required to satisfy the ASTM standard. As part of the review process, the site location, hydrogeologic characteristics, geographic setting, and physiography also will be summarized. A 50 -year chain -of -title report will not be ordered and reviewed_ A 50 -year chain -of -title report is one of the standard historical sources suggested for review in ASTM Standard E1527 -05. However, a chain -of -title report review will not be included in the scope of this Phase I ESA unless the client supplies a chain -of -title report, or unless a 50 -year chain -of -title report is requested at an additional cost. Interviews. If a site contact is available, SWCA personnel will interview individuals knowledgeable about the history of the site (typically a past or current owner, operator, manager, or occupant of the site). Reasonable attempts will be made to interview at least one staff member of state and/or local government agencies regarding information indicating RECs in connection with the property. Site Reconnaissance. SWCA personnel will visit the property for the purpose of visually identifying and photographing areas of RECs and documenting current site conditions. A windshield survey of adjacent and nearby properties will be conducted in association with the site visits. The Phase I ESA will not include activities such as the collection or analysis of soil, air, water, or other samples, nor will it address issues such as radon, asbestos, lead, or radioactivity. The issues of radon, asbestos, and radioactivity will be addressed in the report based solely on site interviews and available public information. The site reconnaissance will also include an inventory of any hazardous materials or chemicals that are located on the property, accessible, and readily ascertainable. Additional information on chemical and hazardous material storage, usage, and disposal will rely on site interviews. Report Generation. The findings, conclusions, opinions, and recommendations (if any) of the EDDA Phase I ESA will be summarized and documented in a fmal bound report. Three fmal bound reports will be generated. Sections within the report will include: 1) an introduction and description of the scope of work; 2) a description of the site; 3) a summary of the site history including interviews and user provide information; 4) a regulatory database review; 5) a description and findings of the site reconnaissance; 6) opinions, conclusions, and recommendations (if any); and 7) any other relevant issues. Report limitations and references will also be included. Figures at a minimum will include: 1) a regional site location map; and 2) a detailed site plan. Where applicable, report appendices could include: 1) reproductions of up to two representative aerial photographs; 2) a copy of the regulatory database review report; 3) color reproductions of up to 20 site photographs; 4) any applicable site history and prior -use Page 5 of 13 documentation; and 5) copies of relevant environmental reports previously prepared for the site (if supplied by the client). Task 3.1.3 - Identify Existing Land Use and Zoning Identify and review existing land use and zoning in the potential impact areas. Information will be collected from the various jurisdictions surrounding the airport with regards to existing land uses, zoning, as well as planned future development. Conduct a windshield survey of the airport environs to confirm or complete the available land use data, in particular noting the locations of noise sensitive land uses such as residences, parks, schools, places of worship, and places of public assembly. Task 3.2 - Description of Affected Environment Utilizing the information gathered during Task 4.1, prepare description of the Affected Environment to succinctly describe the environment of the area(s) to be affected or created by the proposed projects and/ or alternatives under consideration. Data and analyses in a statement shall be commensurate with the importance of the impact, with less important material summarized, consolidated, or referenced. This description of the affected environment will serve as Chapter Three in the draft EA and will include the following information. • Location map • Existing and planned land uses and zoning in the affected airport vicinity, including affected residential areas, public parks, wildlife and waterfowl refuges, wetlands, floodplains, farmlands, recreation areas, historic facilities and archeological sites. • Identification of noise sensitive land uses, including nearby schools and places of public assembly, hospitals, shopping areas, and adjacent political jurisdictions potentially affected by the proposed development. • Community characteristics (population, industry, growth, future land use) and assumptions used to justify the project and determine secondary impacts only if these are relevant to the proposal. • Contemplated future actions of a community -wide nature including facility installations and procedural actions which have not been included in the Alternatives section and which should be described to show their relationship to the proposal and to show the intentions regarding the proposed project and future development. • Other planned or developed activities in the affected area (i.e. other transportation projects, housing development, relocation, etc.) which are interrelated to the proposed action and/or which would produce cumulative impacts. ELEMENT FOUR- ENVIRONMENTAL CONSEQUENCES At a minimum, the EA will discuss the reasonably foreseeable environmental consequences of the proposed and no action alternatives in comparative form. The description of the environmental consequences will respond to substantive issues raised during the agency scoping Page 6 of I3 process and will provide sufficient evidence and analysis for determining whether to issue a finding of no significant impact (FONSI) or an EIS. Task 4.1— Air Quality Nueces County is currently classified as being in attainment for air quality pollutants. It is assumed the operational level for the airport will be the same for alternatives under consideration; therefore, the air quality analysis will focus on construction air quality emissions. Coffman Associates will conduct an emissions inventory of construction- related criteria pollutants (or their precursors) for the proposed airport project. The results will be used in support of the NEPA proposed project, no project, and any other alternatives evaluated in detail, in two future years and the Clean Air Act General Conformity Rule applicability analyses. This task will be conducted utilizing U.S. EPA and CARB - approved methodology and data coupled with estimates of construction vehicles, equipment and other activities commonly accepted within the industry. These data will include project- specific estimates of the numbers and types of construction vehicles and equipment to be used for each construction phase, operational characteristics of each unit, and haul trip distances, etc. which will be supplied by others. The air quality analysis will use the FAA's standard text regarding green house gasses. General Conformity Rule Applicability Determination. The airport is located within an area presently designated as attainment; therefore, a General Conformity Rule Applicability Analysis will not be conducted. Identify, Discuss and Quantify Mitigation Measures (If Applicable). The outcomes of the air quality assessments will be evaluated to determine whether or not emission reduction or other mitigation measures may be necessary to comply with federal and/or state requirements. If necessary, this will address the basis for the measure(s), the emission sources and pollutants, the expected benefits or reductions as well as the implementation costs and tirneframes. Task 4.2 — Compatible Land Use The compatibility of existing and planned land uses is typically associated with the extent of noise impacts. Use noise contours developed in Task 5.5 to verify areas of potential noise impact and to identify potentially incompatible land uses within these areas. Land surrounding the airport is primarily developed for industrial and commercial purposes, this will be confirmed and documented. The compatible land use guidelines contained in Appendix A of 14 CFR Part 150 Airport Noise Compatibility will be referenced. FAA Order 1050.1E defines a significant noise impact as an increase in noise of 1.5 CNEL at or above the 65 CNEL noise exposure level when compared to the No Action alternative for the same timeframe. If this threshold is found to be exceeded, the mitigation of this impact will be addressed. Page 7 of 13 Compatible land use impacts that could result from exceeding the significant threshold level of other impact categories will be addressed primarily under the respective category with any necessary cross - references to avoid duplication. This will also include potential compatible land use impacts of any proposed mitigation plans. The land use analysis will also address consistency of the alternatives with the comprehensive development plans adopted for the area and other plans used in the development of the area transportation plan. This section of the EA will provide documentation to support the Airport's land use compatibility assurance under Section 511(a) (5) of the 1982 Airport Act. Task 4.3 — Fish, Wildlife, and Plants Biotic Communities. Continue coordination with appropriate agencies as identified in Task 2.1. Utilizing data obtained as a result of Subtask 3.1.1, discuss potential direct and indirect impacts (including any hazardous wildlife attractants in accordance with FAA Advisory Circular 150/5200 -33b) to sensitive species resulting from implementation of each alternative under consideration and include a description within the document. Impacts will be evaluated using thresholds cited in FAA Orders 1050.1E and 5050.4B. Any mitigation that is required to reduce or eliminate significant impacts to wildlife resources will be considered as part of the project's overall mitigation plan. Endangered and Threatened Species. Continue coordination with appropriate agencies as needed. Coffman Associates will assist the FAA with specific consultation with the USFWS to determine whether any of the alternatives will jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of habitat of such species, as required under Section 7 of the Endangered Species Act. It is expected no species impact will occur. Task 4.4 — Historic, Architectural, Archeological, and Cultural Resources Coffman Associates will assist FAA with coordination with the State Historic Preservation Office (SHPO) to confirm no project impacts. Should it be determined that field surveys are necessary to support a determination, execution of optional Task 8.1 will be necessary. Please note that this could cause a delay of up to 60 days. The FAA will coordinate with appropriate Native American tribes. Task 4.5 - Noise Analysis The purpose of this Task is evaluate the existing and anticipated future aircraft noise condition at and around the airport. The work tasks to be carried out as part of this task include the following: Task 4.5.1 - Refined Operational Fleet Mix Forecasts Utilizing the TAF, prepare a more detailed forecast of the aircraft fleet mix and day /night split of activity. Current activity schedules, online flight tracking systems, and activity logs (if Page 8 of 13 available) will be used in formulating the day /night activity split. The fleet mix forecasts and day /night split of activity will be of sufficient detail to serve as input into the Integrated Noise Model for forecasts of future aircraft noise exposure. Task 4.5.2 - Flight Track Development In order to develop current, accurate, reliable, and valid noise contours, the input of realistic flight track data into FAA's Integrated Noise Model (INM) is needed. Coffman Associates will consult with ATCT and airport staff to obtain information regarding the manner in which aircraft operate at the airport. Flight track exhibits will be prepared for the different operations at the airport including arrival, departure, and touch - and -gos. Task 4.5.3 — Noise Modeling Using the data outlined above, aircraft noise exposure will be calculated using the current version of the INM. Noise levels, at five -DNL increments, will range from 65 DNL to 75 DNL. The noise contour map will represent average annual conditions for a 12 -month period ending with the month for which the most recent data are available when the forecasting analysis is started. This will be taken as an estimate of 2010/2011 noise conditions. Based on the refined TAF forecasts, an INM contour analysis will be prepared for a future proposed project, future no action alternative, and any other alternative evaluated in detail. The future conditions will be the year of project construction completion and five years after completion. Noise exposure contours will be developed for the no action alternative, proposed action alternative, and any other alternative evaluated in detail. The noise analysis will be conducted to reflect current conditions and the forecast conditions for the no action, proposed action, and other alternatives under consideration. The analysis will include maps to depict land uses within the noise impact areas. A flight track exhibit, based on what was input into the INM, will be prepared to illustrate where aircraft typically fly. Task 4.6 — Socioeconomic Impacts, Environmental Justice, and Children's Environmental Health and Safety Risks Consider social impacts which might be caused by the alternatives. Impacts on businesses and other public services, vehicle traffic, school districts, recreation areas, places of worship, and police and fire protection are not anticipated. Consideration will be given to the environmental justice of the proposed impacts in accordance with Executive Order 12898 - Federal Action to Address Environmental Justice in Minority Populations and Low Income Populations. Populations impacted by noise or other significant disruption will be examined to ensure that minority and low- income populations do not receive disproportionately high human health or environmental impacts. The EA will also address the requirements of Executive Order 13045 — Protection of Children from Environmental Health Risks and Safety Risks. Task 4.7 — Water Quality Page 9 of 13 A description of the proposed action's design, mitigation measures, and construction controls will be provided to demonstrate that state water quality standards will be met. A description of federal and state permitting requirements will be provided and coordination will be undertaken with applicable agencies to ensure that permits can be obtained from the various agencies. Potential impacts on the public drinking water supply, sole source aquifers, or waters of national significance will be assessed. Task 4,$ - Operational Resources Energy Supply and Natural Resources. Analyze changes in energy demand anticipated for stationary and non - stationary uses associated with the proposed project. Address the commitment of natural resources, including local availability. Construction Impacts. Determine potential construction impacts anticipated with the proposed airport improvements, especially related to noise and vibration, air quality, water quality, and biotic communities. Develop mitigation measures and construction controls to minimize or eliminate these impacts. Indicate any local ordinances or permits that will be required for construction. Light Emissions and Visual Impacts. Consider the extent to which any lighting associated with the RSA project would be likely to create an annoyance among people in the vicinity of the installation. A brief description of the characteristics of any lighting systems associated with the project will be included in the environmental document. The potential visual impacts which could result from implementation of the proposed action alternative will be assessed and addressed within the EA. Solid Waste. Consult with local officials regarding solid waste service for the proposed project and the existence of plans for solid waste disposal sites in the vicinity of the airport. Consider the impact of solid waste increases generated by the proposed alternatives. It is not anticipated there will be any significant hazardous waste impacts; therefore, detailed analyses of hazardous waste impacts are not budgeted. Task 4.9 — Other Resource Categories Section 4(f), Coastal Resources, Farmland, Floodplains, Secondary (Induced) Impacts, Wetlands, and Wild and Scenic Rivers. It is anticipated that none of these resources will be impacted by the proposed action or the reasonable alternatives. This will be confirmed and documented. Task 4.10 — Cumulative Impacts Consider the consistency of the reasonable alternatives with appropriate regional or local plans. Consider the overall cumulative impact of the proposed action and the consequences of subsequent related actions. These include potential incremental, secondary, and natural environmental impacts of the action when added to other past, present, and reasonably foreseeable future actions that could be considered as related to the improvements. Inventory Page 10 of 13 other development projects occurring within the project area to provide an assessment of potential cumulative impacts to the various resource categories. Task 4.11 -- Evaluation of Possible Conflicts with Area Plans As required by FAA Orders 1050.1E and 5050.4B, to the extent not covered in the specific impact categories discussed above, the EA shall include discussion of the possible conflicts between the proposed action and the objectives of federal, regional, state, and local land use plans, policies, and controls for the area in question; any inconsistency of the proposed action with any approved state or local plan and laws; means to mitigate adverse environmental impacts; and the project's degree of controversy on environmental grounds. Task 4.12 - Description of Environmental Consequences Utilizing the information gathered during the tasks contained within Element Four, prepare a discussion of the environmental consequences of the proposed airport development project. This discussion will describe the anticipated environmental impacts which will be compared to the environmental significance criteria contained within Appendix A of FAA Order 1050.1E. Data and analyses shall be commensurate with the level of anticipated impact. ELEMENT FIVE - DOCUMENTATION It is assumed that the FAA will not require the review of this document by the public. Should public review be necessary, the printing of additional documents and response to comments received will require modification to the project scope and fee. Task 5.1— Preliminary Draft EA A Preliminary Draft EA (PDEA) will be prepared in accordance with FAA Orders 5050.4B and 1050.1E. The PDEA will evaluate feasible alternatives including the "no action" alternative. The Preliminary Draft EA, which is designed for internal review only, will be submitted to the Airport for review and approval prior to its submittal to the FAA for review and comment. Up to fifteen (15) paper copies of the preliminary draft will be prepared. Task 5.2 - Revised Preliminary Draft EA Following review, comments made by the project Sponsor and the FAA as a result of Task 5.1 will be incorporated into the environmental document. Electronic copies of the revised document will be forwarded to the Airport and FAA for review and concurrence prior to undertaking Task 5.3. Task 5.3 — Final EA The Final EA will include an appendix containing a description of the final Public Information Workshop and copies of all correspondence received during the public comment period. It will also include a summary of all comments and responses to those comments as outlined in Task Page 11 of 13 6.4. After acceptance by FAA, up to twenty (20) paper and five (5) electronic copies on compact disc of the Final EA will be prepared. Element Six — PUBLIC REVIEW OF DRAFT EA At FAA direction, it is assumed that public review of the Draft EA will not be required. Should public review of the Draft EA be required a modification to this scope of work will be warranted. The scope includes holding one public meeting, however, this meeting is intended for information purposes only and will not be conducted as a public hearing and will not include Coffman Associates performing an official response to public comments. Element Seven — PROJECT COORDINATION A significant portion of the environmental process involves coordination between the project sponsor, FAA, and environmental review agencies. Therefore, adequate time and budget must be provided to ensure that the necessary coordination can be carried out. The following tasks outline the extent of coordination and meetings to be reasonably anticipated. Task 7.1— General Project Coordination Coffman Associates will manage the preparation of the EA with close communication with the FAA, the project Sponsor, and the various environmental resource agencies. Coffman Associates will submit monthly progress reports to the project Sponsor detailing the status of each aspect of the project, and any problems encountered as well as potential solutions. The monthly report will also describe agreed upon changes in scope or methodology for completing tasks as well as decisions or conclusions that would alter the course of the study. At the conclusion of meetings, meeting minutes will be prepared. As needed, Coffman Associates will host teleconferences or on -line Internet meetings to discuss project details. Summaries of these meetings will be provided to all attendees. Task 7.2 — Public Meeting Coffman Associates will hold up to one (1) public information meeting for the project. This meeting is intended solely as a means to inform interested members of the public about the project. This task is not intended to be nor will it be conducted as an official public hearing. Moreover, no official response to public comments is included in this task. It is intended that the public's comments will be addressed verbally in the public meeting. Element Eight — OPTIONAL TASKS In attempts to minimize project costs, two tasks originally included in the main scope have been shifted to an optional task element. The optional tasks will be executed only under authorization from the Prime Consultant (KSA Engineers) and/or Corpus Christi International Airport. Task 8.1— Cultural and Archeological Resource Inventory Page 12 of 13 Archeologists will conduct background research and an intensive archeological survey that will include a pedestrian survey with shovel testing. Shovel testing will be conducted in accordance with current survey standards for linear projects as approved by the Texas Historical Commission, which include areas where ground cover hinders site detection or in areas of high site probability. The purpose of the cultural resources investigation in this project area is to determine the presence /absence of archeological resources and to evaluate identified resources for their eligibility for inclusion on the National Register of Historic Places, as per Section 106 of the National Historic Preservation Act of 1966, as amended, or as a designated State Archeological Landmark under the Antiquities Code of Texas. Because the work is being conducted for the airport, which is part of the municipality of Corpus Christi and considered a sub - entity of the State of Texas, an Antiquities Permit will be required, and will need to be obtained prior to conducting any archeological fieldwork. Once a notice to proceed has been obtained, the permit application will be prepared and sent out for appropriate signatures from the Airport Manager and the Texas Historical Commission. Prior to receiving the permit, research about previous surveys conducted and known archeological sites in the area will be conducted. This research will also review early historic maps and soils to help with the determination of identifying the locations of potential historic and prehistoric sites. At the end of fieldwork and analysis, a report of all findings and recommendations will be produced. Five copies of the draft report will be submitted. Once THC has reviewed and approved the draft, 20 copies of the report will be produced as per the Antiquities Permit requirements. Upon the completion of the project all artifacts, field forms, photographs, and results will be curated at the Texas Archeological Research Laboratory in Austin, also per the requirements of the Antiquities Permit. Note: Coffman Associates originally included this task in the primary work scope to ensure sufficient information is presented to the FAA document reviewer and to minimize the chance of delay; however, in order to minimize costs, it was requested that this task be moved into an optional task element. Let it be expressly understood that if this task is required, it will be likely be requested by the FAA near the end of the project. As such the need to execute this task will cause a delay in the project schedule. Execution of this task will require written authorization by the Prime Consultant and Corpus Christi International Airport. Task 8.2 — Project Review Meetings Coordination meetings with the project review team comprised of the project sponsor, affected landowners, FAA, and/or other commenting agencies will be necessary for successful development of the EA and acquisition of needed permits. Where possible, these meetings will be scheduled to coincide with other coordination meetings to minimize costs. Up to six (3) project review meetings to be attended by up to three (3) Coffman Associates staff members have been budgeted. Execution of this task will require written authorization by the Prime Consultant and Corpus Christi International Airport. fl Page 13 of 13 ATTACHMENT B FEE SCHEDULE ENVIRONMENTAL ASSESSMENT FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS ELEMENT 1— INVENTORY Task 1.1 Study Design Task 1.2 Initial Project Inventory TOTAL ELEMENT Task 2.1 Task 2.2 Task 2.3 TOTAL TWO — PROJECT DEFINITION Agency Coordination Preparation of Purpose and Need Statement Alternatives ELEMENT THREE - AFFECTED ENVIRONMENT Task 3.1 Task 3.1.1 Task 3.1.2 Task 3.1.3 Task 3.2 TOTAL Review Existing Environmental Information Biological Resource Inventory Environmental Due Diligence Audit Identify Existing Land Use and Zoning Description of Affected Environment ELEMENT FOUR- ENVIRONMENTAL CONSEQUENCES Task 4.1 Task 4.2 Task 4.3 Task 4.4 Task 4.5.1 Task 4.5.2 Task 4.5.3 Task 4.6 Task 4.7 Task 4.8 Air Quality Compatible Land Use Fish, Wildlife, and Plants Historic, Architectural, Archeological, and Cultural Resources Refined Operational Fleet Mix Forecasts Radar Flight Track Evaluation Noise Modeling Socioeconomic Impacts, Environmental Justice, and Children's Environmental Health and Safety Risks Water Quality Operational Resources Page 1 of 2 Task Order No. 1 $ 6,486 $ 10,626 $ 17,112 $ 4,129 $ 2,346 $ 1,380 $ 7,855 $ 6,072 $ 15,928 $ 8,893 $ 3,312 $ 5,796 $ 40,001 $ 4,692 $ 2,346 $ 1,380 $ 1,380 $ 6,072 $ 4,692 $ 10,488 $ 1,380 $ 1,380 $ 3,726 Task 4.9 Task 4.10 Task 4.11 Task 4.12 TOTAL Other Resource Categories Cumulative Impacts Evaluation of Possible Conflicts with Area Plans Description of Environmental Consequences ELEMENT FIVE - DOCUMENTATION Task 5.1 Task 5.2 Task 5.5 TOTAL Preliminary Draft EA Revised Preliminary Draft EA Final EA ELEMENT SIX — PUBLIC REVIEW OF DRAFT EA No public review of the Draft EA is included within this scope of services. ELEMENT SEVEN — PROJECT COORDINATION Task 7.1 Task 7.2 TOTAL General Project Coordination Project Meeting (1) GRAND TOTAL Task Order No. 1 $ 966 $ 2,346 $ 1,380 $ 7,176 $ 49,404 $ 9,867 $ 4,692 $ 9,120 $ 23,679 $ 12,972 $ 10,626 $ 23,598 $ 161,649 ELEMENT EIGHT — OPTIONAL TASKS (to be executed only if authorized) Task 8.1 Cultural and Archeological Resource Inventory Task 8.2 Project Review Meetings (3) TOTAL OPTIONAL TASKS Page 2 of 2 $ 12,715 $ 29,946 $ 42,661 Exhibit A -2 Task Order No. 2 This is Task Order No. 2 , consisting of 2 pages. In accordance with this Contract for A/E Professional Services between the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (A/E) for Professional Services, dated i S 111Z-0 a1 ( "Agreement "), constituting authorization by the CITY for the A/E to provide engineering services for the following project at Corpus Christi International Airport: 1. Specific Project Data A. Title: AGIS Airspace Analysis and Data Submittal/Upload and Topographic Survey B. Description: Prepare an AGIS Airspace Analysis and Data Submittal/Upload for the shifting of Runway 17 -35 by approximately 600 feet to the north and shifting Runway 13 -31 by approximately 1,000 feet to 1,600' to the north. 2. Services of A/E A. A/E and Sub - consultants to provide the following services: 1. Obtain new color aerial photography (pre and post construction) 2. Perform ground survey 3. Perform digital mapping 4. Perform digital orthophoto rectification 5. Perform airspace analysis A/E and Sub - consultants to submit all required deliverables and upload all approved data to AGIS website. A more specific scope of services is attached as Attachment A - Scope of Services. B. A/E will attend meetings & telephone conferences, provide engineering support on other tasks, and coordinate with sub - consultants, FAA, and Airport for the AGIS project. 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this contract. 4. Time for Rendering Services The A/E and subcontractor shall perform services for each project in accordance with the following schedule: Pre- Construction Service Time Requirement 1. Plans 30 days following initial NTP City of Corpus Christi, Texas Task Order No. 2 Page 1 of 2 CRP-003M 2. Aerial Photography 60 days following initial N'IP 3. Analytical Aerotriangulation 90 days following initial NTP 4. Digital Orthophotos 240 days following initial NTP 5. AGIS Ground Data Collection 240 days following initial NTP 6. Airspace Analysis 270 days following initial NTP TOTAL 270 days Note: Schedule is dependent on timely reviews of plans and data by NGSIFAA. Schedule for Post - Construction Services will be determined upon completion of construction work. 5. Payments to A/E In return for the services described above, the CITY shall pay the A/E as described in Attachment A to Task Order No. 2. The total cost of all services provided under this Task Order will not exceed $286,416 without prior written approval by the CITY. City of Corpus Christi, Texas Task order No. 2 Page 2 of 2 CRP -003M Task Order No. 2 ATTACHMENT A SCOPE OF SERVICES AGIS AIRSPACE ANALYSIS AND DATA SUBMITTAL/UPLOAD AND TOPOGRAPHIC SURVEY FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS ELEMENT 1- PLANS Prior to commencement of the field work, A/E and sub- consultants will submit a Survey and Quality Control Plan and an Imagery Acquisition Plan to the Airport Surveying — GIS Program Manager via the Airports Geographic Information System website at hfftp :1 /airports- gis.faa.gov for review and approval. No fieldwork will be performed prior to review and acceptance of the plan by the governing agencies. Any special circumstances or unusual conditions which may impact the team's approach to completion of field work will be identified in the plans. ELEMENT 2 — AERIAL PHOTOGRAPHY New color aerial photography will be obtained for Runways 13/31 and 17/35 at 3,900' for the Vertically Guided Runway Primary Surface (VGRPS), the Vertically Guided Primary Connection Surface (VGPCS), the first 10,200' of the Vertically Guided Approach Surface (VGAS) and the Vertically Guided Approach Transitional Surface (VGATS) and 8,250' above mean terrain (AMT) for the entire project area. Photography will be acquired with a Zeiss RMK TOP 15 calibrated precision aerial mapping camera in accordance with AC 150/5300 -17B "General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey." Airborne GPS ( ABGPS) and inertial measuring unit (IMU) data will be logged simultaneously with the acquisition of the aerial photography. The ABGPS and IMU data will be used to determine the exterior orientation of the camera for each frame of project photography. This orientation will assist in the analytical aerotriangulation process. In support of the data collection efforts and government photogrammetric analysis and acceptability determination, A/E and Sub - consultants will acquire imagery and submit the required deliverables as specified in AC 150/5300 -17B "General Guidance and Specifications for Aeronautical Surveys: Airport Imagery Acquisition and Submission to the National Geodetic Survey." The digital stereo aerial imagery will cover the entire area of analysis including required sidelap and overlap. Submission of field data will not occur without government acceptance of the aerial imagery. The imagery will be submitted directly to NGS at the address listed in AC 15015300 -17B on an appropriately labeled (airport and company contact information) portable hard drive for government verification ensuring the survey data adheres to the quality requirements set forth by FAA AC 15015300 -18B. The imagery will be collected within 6 months of the start of field survey operations and will be acquired with full tree leaf coverage. New color aerial photography will be acquired of the airport property upon completion of the construction work, for the preparation of digital orthophotos for submission to the Federal Aviation Administration (FAA). ELEMENT 3 — AGIS GROUND DATA COLLECTION Runway 17/35: A/E and Sub - consultants will validate existing PACS /SACS or, if PACS /SACS are unusable, establish temporary airport control, provide all ground control information required for controlling the aerial photography (including a minimum of 5 check points that will be processed through OPUS -RS), collect runway centerline profiles (including any stopways) at 10- foot stations and two (2) additional profiles offset 10 feet on either side of the centerline for runway 17/35. The runway or stopway profiles will be collected beginning and ending on the runway ends. Each point collected in the profile will be accurate to within 0.5 inches relative to its adjacent points. A/E and Sub - consultants will determine the coordinates of the Localizer (LOC) for Approach 35, Airport Beacon, Precision Approach Path Indicator System (PAPI) for Approach 17, VORTAC (8.5 miles north of field), Glide Slope (Approach 35), the Approach Light Systems (Runway 17 ODALS and Runway 35 MALSR) and the Automated Surface Observing System (ASOS). All work will be tied to the National Spatial Reference System (NSRS) according to the standards in AC 150 /5300 -18B. A/E and Sub - consultants will provide all required documentation for the above work. Runway 13/31: A/E and Sub - consultants will collect runway centerline profiles (including any stopways) at 10 -foot stations and two (2) additional profiles offset 10 feet on either side of the centerline for runway 13/31. The runway or stopway profiles will be collected beginning and ending on the runway ends. Each point collected in the profile will be accurate to within 0.5 inches relative to its adjacent points. A/E and Sub - consultants will determine the coordinates of the Distance Measuring Equipment (DME) for Approaches 13 and 31, Localizers (LOC) for Approaches 13 and 31, Outer Marker (Approach 31), Precision Approach Path Indicator System (PAPI) for Approaches 13 and 31, Glide Slope (Approach 13) and the Approach Light Systems (Runways 13 and 31 MALSR. All work will be tied to the National Spatial Reference System (NSRS) according to the standards in AC 150 /5300 -18B. A/E and Sub - consultants will provide all required documentation for the above work. All survey work will be performed in accordance with AC 150/5300 -16A "General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey." ELEMENT 4 — TOPOGRAPHIC SURVEY Runway 17/35: A/E and Sub - consultants will collect topographic data on all features on and around Runway 17 -35 including area where terminal parking apron and parallel taxiway accesses Runway 17 -35 providing the basis of all civil and electrical design. Topographic data to include Page 2 of 5 all ground features including paving edges and vertical data collected on a grid not to exceed 25 feet and at all breaks in grade. A/E and Sub - consultants will perform boundary surveys around all property to be acquired as a result of this project and prepare plats and metes and bounds descriptions of each individual tract to be acquired for the purpose of acquisition by fee or easement. Runway 13/31: A/E and Sub - consultants will collect topographic data on all features on and around Runway 13 -31 including area where terminal parking apron and parallel taxiway accesses Runway 13 -31 providing the basis of all civil and electrical design. Topographic data to include all ground features including paving edges and vertical data collected on a grid not to exceed 25 feet and at all breaks in grade. A/E and Sub - consultants will perform boundary surveys around all property to be acquired as a result of this project and prepare plats and metes and bounds descriptions of each individual tract to be acquired for the purpose of acquisition by fee or easement. ELEMENT 5 — ANALYTICAL AEROTRIANGULATION Full analytical aerotriangulation is necessary to extend the ABGPS, IMU and ground control information throughout project photography. Selection of photogrammetric points for control extension will be performed with strict adherence to rigid geometric and photogrammetric principles. Measurements will be made with Z/I Imaging softcopy workstations running 1SAT software. Several computer programs will be run to perform data analysis and data refinement tasks prior to obtaining final results. These computer programs allow us to detect, isolate, and evaluate the contribution of all measurements to the final results. AJE and Sub - consultants will perform a simultaneous least- squares -block adjustment of all measurements to obtain the final results. The block adjustment combines the mathematical constraints of the colinearity equations with rigorous statistical analysis to ensure accurate results. ELEMENT 6 — AIRSPACE ANALYSIS Runway 17/35: A/E and Sub - consultants will conduct an Airport Airspace Analysis based on an extension of runway 17/35 by 600' on the 17 end and the reduction of runway 17135 by the same amount on the 35 end using the standards established in AC 150/5300 -18B for a Vertically Guided instrument approach procedure. Airspace surfaces will be created and obstructions will be determined for the Vertically Guided Runway Primary Surfaces ( VGRPS), the Vertically Guided Primary Connection Surfaces (VGPCS), the Vertically Guided Approach Surfaces (VGAS), the Vertically Guided Protection Surfaces (VGPS), the Vertically Guided Approach Transitional Surfaces (VGATS) the Vertically Guided Horizontal Surfaces (VGHS) and the Vertically Guided Conical Surfaces (VGCS). Page 3 of 5 Runway 13/31: A/E and Sub - consultants will conduct an Airport Airspace Analysis based on the extension of runway 13/31 by 1,000' to 1,600' on the 13 end and the reduction of runway 13/31 by the same amount on the 31 end using the standards established in AC 150/5300 -18B for a Vertically Guided instrument approach procedure. Airspace surfaces will be created and obstructions will be determined for the Vertically Guided Runway Primary Surfaces (VGRPS), the Vertically Guided Primary Connection Surfaces (VGPCS), the Vertically Guided Approach Surfaces (VGAS), the Vertically Guided Protection Surfaces (VGPS), the Vertically Guided Approach Transitional Surfaces (VGATS) the Vertically Guided Horizontal Surfaces (VGHS) and the Vertically Guided Conical Surfaces (VGCS). ELEMENT 7 — DIGITAL ORTHOPHOTO DEVELOPMENT A/E and Sub - consultants will produce digital orthophotos of the specified area from both altitudes of photography. The rigorous "pixel -by- pixel" orthophoto rectification process will be used, as defined below. 1. The aerial film is scanned using a Wehrli RM -6 calibrated photogrammetric scanner to produce digital image files. Prior to orthophoto correction, the scanned images are checked on a workstation for completeness, cleanliness and image quality. 2. Interior orientation is performed whereby calibrated image fiducial marks are measured to establish a photo coordinate system. 3. Exterior orientation is performed whereby coordinates and angles representing camera position and attitude (exterior orientation) are determined by aerotriangulation. The exterior orientation facilitates transforming the photo coordinates to ground coordinates. 4. Differential rectification is performed using an algorithm that utilizes an elevation model in conjunction with the exterior orientation to correct displacement of ground features to resample the image producing a geo- referenced orthophoto. 5. Each digital orthophoto image is checked for accuracy on a workstation. 6. Orthophoto image files will have full resolution, and will be geographically referenced and delivered in TIF/TFW format. POST CONSTRUCTION SURVEY AND ORTHOPHOTOS Upon completion of the construction work, A/E and Sub - consultants will provide the following final as -built information to Aerial Data Service: Runway centerline profiles (including any stopways) at 10 -foot stations and two (2) additional profiles offset 10 feet on either side of the centerline for runways 13/31 and 17/35. The runway or stopway profiles will be collected beginning and ending on the runway ends. Each point collected in the profile will be accurate to within 0.5 inches relative to its adjacent points. In Page 4 of 5 addition, A/E and Sub - consultants will provide the coordinates of the Distance Measuring Equipment (DME) and Localizers (LOC) for Approaches 13, 31 and 35, Outer Marker if replaced (Approach 31), Precision Approach Path Indicator System (PAPI) for Approaches 13, 31 and 17, Glide Slope (Approaches 13 and 35), the Approach Light Systems (MALSR for all Runways) and survey information for any other relocated or newly installed NAVAIDS. All work will be tied to the National Spatial Reference System (NSRS) according to the standards in AC 150/5300 -18B. AIE and Sub - consultants will provide all FAA required documentation for the above work. A/E and Sub - consultants will determine the airport elevation and airport reference point based on the post - construction survey data and will prepare the survey information for the runways and NAVAIDS and submit the data to the FAA's AGIS website. A/E and Sub - consultants will also produce digital orthophotos of the airport property from aerial photography obtained after completion of the construction work to be provided to the FAA. DELIVERABLES Pre- Construction Items to be Delivered 1. Survey and Quality Control Plan including equipment list with serial numbers (submitted to A -GIS website). 2. Imagery Acquisition Plan (submitted to A -GIS website). 3. Camera calibration report. 4. Flight line diagram. 5. Flight report. 6. Digital Stereo Imagery in TIFF format on DVD with a ground sampling distance (GSD) between 10 and 30 cm. 7. Imagery geo- referencing Information. 8. Obstruction data from Airspace Analysis in ESRI shape file format. 9. Digital orthophotos with full resolution from both altitudes. 10. Final Project. 11. Topographic data in an AutoCAD format. 12. Hard copies of plats and legal descriptions sealed and signed by a Registered Professional Land Surveyor (RPLS). Post - Construction Items to be Delivered 1. Survey and Quality Control Plan including equipment list with serial numbers (submitted to A -GIS website). 2. Digital orthophotos with full resolution from both altitudes. 3. Updated runway and NAVAID data uploaded to the A -GIS website. Page 5 of 5 Task Order No. 2 ATTACHMENT B FEE SCHEDULE AGIS AIRSPACE ANALYSIS AND DATA SUBMITTAL/UPLOAD AND TOPOGRAPHIC SURVEY FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS TASK FEE 1. AGIS SURVEY (RUNWAY 17-35) $111,445 2. AGIS SURVEY (RUNWAY 13 -31) $ 40,651 3. TOPOGRAPHIC SURVEY (RUNWAY 17 -35) $ 66,700 4. TOPOGRAPHIC SURVEY (RUNWAY 13 -31) $ 67,620 TOTAL PROJECT FEES $286,416 Page 1 of 1 Exhibit A -3 Task Order No. 3 This is Task Order No. 3 , consisting of 2 pages. In accordance with this Contract for A/E Professional Services between the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (Engineer) for Professional Services, dated 1'7, a)i / ( "Agreement "), constituting authorization by the CITY for the Engineer to provide engine eri g services for the following project at Corpus Christi International Airport: 1. Spec Project Data A. Title: Runway 17 -35 Extension/Displacement and Connecting Taxiway Project B. Description: This project will consist of the following items: 1. Extension of Runway 17 by 600 feet to the North; Displacing the Threshold of Runway 35 by 600 feet to the North; 2. Construct new stub taxiways accessing Runway 17 -35 from Taxiway A, Taxiway H and the Terminal Apron Area as identified in the Taxiway Utilization Study; 3. Construct new lighting, signage and other visual aids to accommodate new runway location and taxiway reconfiguration; 4. Relocate navigation aids, as appropriate, analyzing the impacts of the localizers and other relocated NAVAID equipment on the future development at the airport. Replace Omni- Directional Approach Lighting System (ODALS) serving Runway 17 with Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR); 5. Relocate perimeter road to accommodate runway and taxiway construction; 6. Extend box culvert located northeast of Runway 17 -35 by 100 feet; 7. Apply coal tar seal coat and mark entire runway and new stub taxiways; 8. Coordinate with all governmental agencies involved; 9. Prepare Airspace, Notice of Landing Area Proposal forms and all other required FAA and other governmental applications, documents and forms required for the timely execution of the project; 10. Assist FAA in securing easements and property acquisitions, as required; 11. Plans and specifications to be in full compliance with the approved FAA Safety Risk Management Decision Document, prepared by others; and 12. Preparation of a comprehensive Construction Management Plan (CMP) defining construction materials testing requirements and construction management roles and responsibilities. City of Corpus Christi, Texas Task order No. 3 Page I of 2 CRP -004M 2. Services of Engineer Services to be performed by the Engineer in this Task Order are listed below and described in Exhibit A of this Contract. 1. Study and Report Phase 2. Preliminary Design Phase 3. Final Design Phase 4. Bidding or Negotiating Phase 5. Additional Services a. Geotechnical Testing Note: This Task Order does not include Construction Phase or Post - Construction Phase services or fees. 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. Time for Rendering Services Service Time Requirement Completion Date* 1. Preliminary Engineering 10 weeks 1 Sept 2011, 12:00 :00 pm CDT Report Phase 2. Preliminary Design Phase 12 weeks 15 Dec 2011, 12:00:00 pm CDT 3. Final Design Phase 12 weeks 1 April 2012, 12:00:00 pm CDT 4. Bidding Phase 8 weeks Advertise 1 May 2012, 12:00:00 pm CDT 5. Additional Services As required * Includes review time of documents between phases. Assumes Notice to Proceed (NTP) of the Preliminary Engineering Report Phase of 1 June 2011. 5: Payments for the Engineer In return for the services described above, the CITY shall pay the Engineer as described in Attachment A to Task Order No. 3. The total cost of all services provided under this Task Order will not exceed $ 566,000 without prior written approval by the CITY. City of Corpus Christi, Texas Task Order No. 3 Page 2of 2 CRP -004M Task Order No. 3 ATTACHMENT A FEE SCHEDULE RUNWAY 17 -35 EXTENSION/ DISPLACEMENT AND CONNECTING TAXIWAY PROJECT FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS TASK FEE 1. Study and Report Phase $1S1,600 2. Preliminary Design Phase $191,400 3. Final Design Phase $162,000 4. Bidding or Negotiating Phase $ 15,000 5. Additional Services a. Geotechnical Testing $ 16,000 TOTAL PROJECT FEES $566,000 Note: This Task Order does not include Construction Phase or Post - Construction Phase services or fees. Page 1 of 1 Exhibit A-4 Task Order No. 4 This is Task Order No. 4__, consisting of 2 pages. In accordance with this Contract for A/E Professional Services between the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (A/E) for Professional Services, dated 47)426, l7, 2011 ( "Agreement "), constituting authorization by the CITY for the AIE to provide engineering services for the following project at Corpus Christi International Airport: 1. Specific Project Data A. Title: Runway 13 -31 Extension/Displacement and Connecting Taxiway Project B. Description: This project will consist of the following items: 1. Extension of Runway 13 by 1,600 feet to the North; Displacing the Threshold of Runway 35 by 1,000 feet to the North; 2. Construct new stub taxiways accessing Runway 13 -31 from Taxiway Bravo and the Terminal Apron Area as identified in the Taxiway Utilization Study; 3. Construct new lighting, signage and other visual aids to accommodate new runway location and taxiway reconfiguration; 4. Relocate navigation aids, as appropriate, analyzing the impacts of the localizer and other relocated NAVAID equipment on the future development at the airport; 5. Remove power pole(s) on airport property north of Runway 13 threshold, providing underground service, as required; 6. Relocate transformer located on airport property north of Runway 13 threshold; 7. Apply coal tar seal coat and mark entire runway and new stub taxiways; 8. Coordinate with all governmental agencies involved; 9. Prepare Airspace, Notice of Landing Area Proposal forms and all other required FAA and other governmental applications, documents and forms required for the timely execution of the project; 10. Assist FAA in securing easements and property acquisitions, as required; 11. Plans and specifications to be in full compliance with the approved FAA Safety Risk Management Decision Document and the findings of the Airport Surveillance Radar (ASR - 11) Study, prepared by others; and 12. Preparation of a comprehensive Construction Management PIan (CMP) defining construction materials testing requirements and construction management roles and responsibilities. City of Corpus Christi, Texas Task Order No. 4 Page 1 of 2 CRP -005M 2. Services of A/E Services to be performed by the A/E m this Task Order are listed below and described in Exhibit A of this Contract. 1. Study and Report Phase 2. Preliminary Design Phase 3. Final Design Phase 4. Bidding or Negotiating Phase 5. Additional Services a. Geotechnical Testing Note: This Task Order does not include Construction Phase or Post - Construction Phase services or fees. 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. 4. Time for Rendering Services Service Time Requirement Completion Date* 1. Preliminary Engineering 10 weeks 1 January 2012, 12:00:00 pm CDT Report Phase 2. Preliminary Design Phase 12 weeks 15 April 2012, 12:00:00 pm CDT 3. Final Design Phase 12 weeks 1 Aug 2012, 12:00:00 pm CDT 4. Bidding Phase 8 weeks Advertise 1 Nov 2012, 12 :00:00 pm CDT 5. Additional Services As required * Includes review time of documents between phases. Assumes Notice to Proceed (NTP) of the Preliminary Engineering Report Phase of 1 October 2011. 5. Payments for the A/E In return for the services described above, the CITY shall pay the A/E as described in Attachment A to Task Order No. 4. The total cost of all services provided under this Task Order will not exceed $ 868,000 without prior written approval by the CITY. City of Corpus Christi, Texas Tack order No. 4 Page 2 of 2 CRP -005M Task Order No. 4 ATTACHMENT A FEE SCHEDULE RUNWAY 13-31 EXTENSION/ DISPLACEMENT AND CONNECTING TAXIWAY PROJECT FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS TASK FEE 1. Study and Report Phase $ 282,800 2. Preliminary Design Phase $ 294,100 3. Final Design Phase $ 248,100 4. Bidding or Negotiating Phase $ 15,000 5. Additional Services a. Geotechnical Testing $ 28,000 TOTAL PROJECT FEES $ 868,000 Note: This Task Order does not include Construction Phase or Post- Construction Phase services or fees. Page 1 of 1 Exhibit A -5 Task Order No. 5 This is Task Order No. 5 , consisting of 2 pages. In accordance with the Contract for A/E Professional Services between the City of Corpus Christi, Texas (CITY) and KSA Engineers, Inc. (A/E) for Professional Services, dated gibeuf 171 (30 11 ( "Agreement "), constituting authorization by the CITY for the A/E to provide engineering services for the following project at Corpus Christi International Airport: 1. Specific Project Data A. Title: Taxiway Utilization Study B. Description: This project will consist of providing the airport sponsor with proper guidance for improving the layout of the taxiway system at the Airport to enhance safety and increase efficiency. 2. Services of A/E A. Sub- contract with a planning firm to study and fully evaluate the taxiway system at the Airport and provide recommendations and guidance to improve the efficiency and safety. The following elements will be will be utilized in this study effort: Element 1— Inventory Element 2 — Taxiway System Analysis Element 3 -- Final Reports and Meetings A more specific scope of services is attached as Attachment A. B. Attend meetings & telephone conferences, provide engineering support on other tasks, and coordinate with sub - consultants, FAA, and Airport for the Taxiway Utilization Study. 3. CITY's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this contract. 4. Time for Rendering Service Service Element 1— Inventory Element 2 — Taxiway System Analysis Element 3 — Final Reports and Meetings Time Requirement Completion Date* 2 months 1 Aug 2011, 12:00:00 pm CDT 3 months 1 Dec 2011, 12:00:00 pm CDT 3 months 1 Mar 2011, 12:00:00 pm CDT *Assumes timely review of study documents. City of Corpus Christi, Texas Task Order No. 5 Page 1 of 2 CRP-006M 5. Payments to A/E In return for the services described above, the CITY shall pay the A/E as described in Attachment B to Task Order No. 5. The total cost of all services provided under this Task Order will not exceed $80,196 without prior written approval by the CITY. City of Corpus Christi, Texas Task Order No. 5 Page 2 of 2 CRP -006M ATTACHMENT A SCOPE OF SERVICES TAXIWAY UTILIZATION STUDY FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS INTRODUCTION Task Order No. 5 The Corpus Christi International Airport (CRP) Taxiway Utilization Study Scope of Services is being prepared prior to initiation of the study to establish the goals of the project and framework from which all parties to the project may participate. The objective of the study is to provide the airport sponsor with proper guidance for improving the layout of the taxiway system at CRP. It is recognized that planning has taken place in the recent past and is currently being completed so as to reconfigure both runways. This study will utilize previous planning efforts and the final recommended runway alignment concept to determine an optimum taxiway system to improve airfield efficiency and safety. Coordination between the Sponsor, the Federal Aviation Administration (FAA), and other parties with an interest in the airport will be essential to bringing together all facts and data relevant to the project and to developing a mutual agreement regarding future taxiway improvements at the airport. Specific objectives of the study Scope of Services will be: • Analyze existing taxiway layout and planning efforts aimed at modifying the layouts of each runway; • Alternative taxiway layouts to include new taxiways, modifications to existing taxiways, and/or removal of some existing taxiways; • Following collaboration with the airport sponsor, FAA, and airport users, provide a recommended taxiway layout plan. ELEMENT 1— INVENTORY Task 1.1— Collect and Review Existing Planning Information Description: Existing reports and studies pertaining to the airfield and its planning and development will be collected and reviewed as necessary. This will include but not be limited to the current airport master plan, current airport layout plan (ALP), Runway Safety Area Team (RSAT) reports, and the 2011 Runway Alternatives Study. The airport's Operations Manual and pertinent design drawings and plans will also be collected and reviewed. Such studies will provide essential background and reference information to enhance understanding of existing and projected airport activities, as well as provide insight into relevant planning issues and Page 1 of 3 Task Order No. 5 constraints. Task 1.2 — On -Site Inspection of Taxiway System Conduct an on -site visual inspection of the taxiway system and airfield operations at Corpus Christi International Airport. Besides an escorted inspection of the taxiway system, observe airfield operations during busy periods. With the approval of the FAA airport traffic control tower manager, this will include observations of airfield operations from the air traffic control tower during key periods of the day. Interview air traffic control tower personnel and airport operations staff with regards to taxiway operations and runway use. Contact airline personnel, corporate flight departments, and military units that use the airport on the regular basis regarding the taxiway system. Task 1.3 — Inventory Airport Activity Description: Collect, organize, and analyze current and forecast data on airline passenger, aircraft operations, and based aircraft activities at CRP, to develop a profile of airline operations, including changes in use and levels of activity in recent years. Primary sources of data will be the airport's monthly and annual activity summaries, and FAA statistical information regarding aircraft operations. ELEMENT 2 — TAXIWAY SYSTEM ANALYSIS Task 2.1— Taxiway System Operational Analysis Description: Perform an analysis of the current taxiway operational system at Corpus Christi International Airport with regard to safety and functional efficiency. FAA safety and design standards for the airport's critical aircraft will be considered. RSAT recommendations will be considered as well as other areas of the current taxiway system that could be improved. An analysis of optimum exit taxiway locations will be performed for each runway based upon the operational mix using each. The analysis will take into account the planned runway shifts. Task 2.2 — Taxiway System Alternatives Analysis Description: Formulate a series of alternatives for the taxiway system based upon the operational analysis in Task 2.1. The alternatives will address options to eliminate taxiway hot spots, reduce the potential for runway incursions, and improve the exit taxiway efficiency. The alternatives will be evaluated with regard to safety, optimization, functional efficiency, and logistical (phased) development, and development cost. The alternatives will submitted for the purposes of a Safety Management System (SMS) process that will include input from the FAA, CCIA, ATCT, airlines and other stakeholders. This process could result in the development of a FAA Risk Management Decision Document, if required. Page 2 of 3 Task Order No. 5 Task 2.3 - Taxiway System Recommendations Description: Based upon the results of the alternative analysis, coordination activities, issues, comment and direction from the airport staff, prepare and refine a preferred taxiway system improvement concept. This process will involve the development of conceptual airfield plan, and a refinement of development costs, and a priority schedule for development. ELEMENT 3 — FINAL REPORTS AND MEETINGS Task 3.1- Coordination Meetings Description: The planning process will require on -site meetings at periodic points in the study. This task will include up to three (3) meetings that could take place at CRP and/or in the FAA Southwest Region offices in Forth Worth, Texas. At the time of preparing this scope, the finalized concept for shifting the runways is not complete. This task would allow for Coffman Associates personnel to attend necessary meeting(s) so as to ascertain the direction of future runway layouts. The proposed runway layouts will influence the final recommendations of the taxiway utilization study. Task 3.2 — Final Reports Description: Once the fmal taxiway system plan has been developed, a final report will be submitted to the airport sponsor. This report will include information completed in Elements 1 through 2. Twenty (20) copies of the Final Report will be provided, in addition to ten (10) digital copies of the entire plan (text and graphics) in a PDF format. The taxiway system layout plan drawing will be provided in AutoCad (.dwg) file format and seven (7) print copies will be provided to the sponsor. Page 3 of 3 ELEMENT Task 1.1 Task 1.2 Task 1.3 TOTAL ELEMENT Task 2.1 Task 2.2 Task 2.3 TOTAL ATTACHMENT B FEE SCHEDULE TAXIWAY UTILIZATION STUDY FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS 1— INVENTORY Collect & Review Existing Planning Information On -Site Inspection of Taxiway System Inventory of Airport Activity TWO -- TAXIWAY SYSTEMS ANALYSIS Taxiway Systems Operational Analysis Taxiway Systems Alternatives Analysis Safety Management System (SMS) (if required) Taxiway Systems Recommendations ELEMENT THREE - AFFECTED ENVIRONMENT Task 3.1 Task 3.2 TOTAL Coordination Meetings Final Reports TOTAL COSTS Page 1 of 1 I — Task Order No. 5 $ 2,116 $ 9,246 $ 2,116 $1.3,478 $ 3,634 $ 7,268 $10,000 $ 7,268 $28,170 $29,670 $ 8,878 $38,548 $80,196