HomeMy WebLinkAboutAUGUSTA REGIONAL AIRPORT RICONDO AND ASSOCIATES
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ASSIGNMENT OF GENERAL ADVISORY
AIRPORT CONSULTING AGREEMENT
AUGUSTA REGIONAL AIRPORT
AGREEMENT is made effective September 1, 2005 by and between RICONDO &
ASSOCIATES, INC., an Illinois corporation ("Assignor"), MICHAEL G. MORONEY &
ASSOCIATES ("Assignee") and AUGUSTA AVIATION COMMISSION, an instrumentality
of Augusta, Georgia ("Owner").
RECITALS
WHEREAS, Assignor is providing services to Owner pursuant to the terms and
conditions of the PROFESSIONAL SERVICES AGREEMENT, GENERAL ADVISORY
AIRPORT CONSULTING AGREEMENT, AUGUST REGIONAL AIRPOPRT and dated
August 20, 2002, including any and all modifications and amendments relating thereto
("Agreement", a copy of which is attached hereto as Exhibit "A").
WHEREAS, the parties to the original agreement were the Owner and Black & Veatch
Corporation of Kansas City, Missouri ("Consultant");
WHEREAS, Consultant assigned the Agreement to Assignor on or about May 6, 2003;
WHEREAS, Assignor is desirous of assigning the Agreement to Assignee and Assignee
is desirous of being assigned the Agreement;
NOW THEREFORE, in consideration of the mutual promises contained herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Assignment: As ofthe effective date, Assignor hereby transfers, assigns, delegates
and sets over to Assignee, all right, title and interest in and to the Agreement.
2. Acceptance: The Assignee hereby accepts and acknowledges receipt of the
Agreement and hereby assumes full responsibility from and after the effective date hereof to
perform and keep all covenants and agreements of Assignor in the Agreement.
3. Indemnification: Assignee further agrees to indemnify and hold Assignor harmless
from any suit, liability, claim, action or loss arising out of the services provided to the Owner in
accordance with the Agreement after the effective date of this Assignment. Assignor further
agrees to indemnify and hold Assignee harmless from any suit, liability, claim, action or loss
arising out of the services provided to the Owner in accordance with the Agreement before the
effective date of this Assignment.
4. Hourlv Rate: Assignee agrees to the hourly rates set forth in the Agreement as
adjusted by the Consumer Price Index only.
ASSIGNMENT OF GENERAL ADVISORY AIRPORT CONSULTING AGREEMENT AUGUSTA REGIONAL AIRPORT
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5. Work Authorizations: Attached hereto as Exhibit "B" IS a status of Work
Authorizations as of August 31, 2005.
6. Consent and Acknowledgment: Owner hereby acknowledges that it instigated and
has requested for Assignor to assign the Agreement to Assignee. Owner additionally hereby
consents to the assignment of the Agreement from Assignor to Assignee pursuant to the terms and
conditions expressed in this Assignment.
7. Miscellaneous:
(a) Counterparts: This Agreement is executed in multiple counterparts, each of
which shall be deemed an original but all of which shall together constitute and be deemed
one and the same Agreement;
(b) Exhibits: The Exhibits referred to in this Agreement are attached hereto,
constitute a part ofthis Agreement and are incorporated herein by this reference;
(c) Further Acts: Upon request by any party, the other party hereto shall do such
other and further acts and execute and deliver such other or further documents as may be
reasonably requested to accomplish any and all ofthe purposes specified in this Agreement;
(d) Law and Forum: This Agreement shall be construed pursuant to the laws of
the State of Georgia, without giving effect to the conflict of laws principles thereof;
( e) Recitals: The Recitals set forth above constitute a part of this Agreement
and are incorporated herein; and
(f) Time: Time is of the essence in the performance of all of the parties'
respective obligations herein contained.
IN WITNESS WHEREOF, the parties have signed and entered into this Agreement on the
date that first appears above.
& ASSOCIATES, INC.
AUGUST A AVIATION COMMISSION
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(date)
~ er of Co (date)
ASSIGNMENT OF GENERAL ADVISORY AIRPORT CONSULTING AGREEMENT AUGUSTA REGIONAL AIRPORT PAGE 2
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RECEIVED
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ASSIGNMENT OF GENERAL ADVISORY
AIRPORT CONSULTING AGREEMENT
AUGUSTA REGIONAL AIRPORT
MAY 2 7 2003 . .,?
'A/CONDO & ASSOCIATES
For $1.00 and other good and sufficient consideration, the receipt of which is
hereby expressly acknowledged, Black & Veatch Corporation (the" Assignor")
does hereby assign, transfer, and set over to Ricondo & Associates ("R&A") all of
its right, interest and title, including the right to any moneys that will become
due and owing after March 31, 2003 (the effective date of this assignment), that
Assignor, its successors and assigns, holds in the contract entitled "Professional
Services Agreement - General Advisory Airport Consulting Agreement _
Augusta Regional Airport" (" Agreemene'), entered into on the 20th day of
August, 2002 between the Augusta Aviation Commission (Owner) .and Black &
Veatch Corporation (Consultant).
The Agreement having been entered into between the Assignor and Augusta
Aviation Commission provides Assignor with the right and necessary authority to
make this assignment of the Agreement to R&A, subject to the approval of the
Augusta Aviation Commission. A copy of the Agreement is attached hereto as
Exhibit A and Work Authorizations are hereby incorporated herein by reference.
The following is the status of Work Authorizations as of the date of this
Assignment:
· Work Authorization Number 1 - There was no Work Authorization Number
1.
· Work Authorization Number 2 - General Advisory Services - All elements of
this work authorization have been completed by Assignor except the PFC
Application to the Federal Aviation Administration. Work has been initiated
on the PFC application and has been completed through the airline
consultation meeting. Assignor is entitled to professional services fee of
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$8,424.60 for the work completed through the date of this Assignment.
Assignor agrees to provide the electronic files for all documents completed in
preparation for the airline consultation (including Excel worksheets, airline
consultation material, client documentation, etc.). R&A will complete the
PFC application and be entitled to a professional services fee of $15,445.40 for
the work yet to be completed. Assignor is solely responsible for all work and
work products on this engagement though the airline consultation held in
January 2003. R&A is responsible for completing the PFC application.
· Work Authorization Number 3 - Hangar Rent Calculation - all elements of
this work have been completed by Assignor, and Assignor is solely
responsible for this work authorization. R&A has no responsibilities for this
work authorization.
· Work Authorization Number 4 - DEE Program - all elements of this work
have been performed by Assignor and their sub consultant (Riverview
Consulting). Assignor is solely responsible for this work authorization. R&A
has no responsibilities for this work authorization.
· Work Authorization Number 5 - AlP Grant Application - all elements of this
work have been performed by Assignor. Assignor is solely responsible for
this work authorization. R&A has no responsibilities for this work
authorization.
· Work Authorization Number 6 - Financial Plan - Assignor has initiated, but
not completed required work. Therefore, responsibility for completion of this
task will be apportioned between Assignor and R&A as follows:
~ Task 6.1 - Cost Center Refinement-Assignor will be solely responsible in
all respects for this element. As of the date of this assignment, this task
has been completed. Assignor will provide R&A with all documents,
files, drawings, etc. prepared to date regarding this Task 6.1.
~ Task 6.2 - Develop Cost Center Profit and Loss Statements - Assignor will
be solely responsible in all respects for this element. As of the date of this
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assignment this task has been completed. Assignor will provide R&A
with Excel templates created.
~ Task 6.3 - Financial Model- Assignor has initiated this task and has
completed approximately $8,067 of the $24,200 task. Assignor shall
provide R&A with the Excel files it has created in this task. With the
tendering of these files by Assignor, R&A shall be responsible for
completing this task. The professional services fees shall be apportioned
as shown below. R&A will be responsible for delivering the final product
to the client and shall be entitled to professional services fee of $16,133.
~ Task 6.4 - Define Airport Fund Structure and Task 6.5 - Development of
Rates and Charges Methodology - Assignor is responsible for providing
output from Task 6.1, 6.2 and the portion of Task 6.3 that has been
completed by Assignor to R&A for use in the rest of the tasks in Work
Authorization 6. Subject to being provided the above output, R&A will be
solely responsible for completing Task 6.3 through Task 6.5.
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The budget for this Work Authorization shall be apportioned as follows:
Auausta Aviation Commission
Budaet
Work Authorization Six
Financial Manaaement, Framework and Airline Relationshio
Black &
Approved Veatch
Staff MGM LJS GBO Budget Corporation R&A
Rate $ 205 $ 165 $ 140
Task
. Financial Manaaement
6.1. Cost Center Refinement 24 24 $ 8,880 $ 8,880 $ -
6.2. Cost Center ProfiVLoss Statements 24 32 48 $ 16,920 16,920 -
6.3. Financial Model 26 38 90 $ 24,200 8,067 16,133
Subtotal Financial Management 74 94 138 $ 50,000 $ 33,867 $ 16,133
Financial Framework
6.4. Airport Fund Structure 60 100 80
Subtotal Financial Framework 60 100 80 40,000 $ 40,000
Airline Relationship
6.5. Airline Rates and Charges Methodology 46 46 100
Subtotal Airline Relationship 46 46 100 $ 31,020 $ 31,020
Total Professional Services 180 240 318 121,020 $ 33,867 87,153
Projected Allowance for Expenses fa; 46,280 665 45,615
Total Services and Expenses 167,300 $ 34,532 132,768
a. Exoenses include Technoloov Charee (Computers), travel and other out-of-oocket exoenses.
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· Work Authorization Number 7.1 Fixed Base Operator - Business Plan - has
not yet been initiated. The work will be initiated after the effective date of
this Assignment and is therefore the responsibility of R&A.
After the effective date of this assignment, R&A covenants to faithfully fulfill and
provide all services and meet all obligations required of Assignor under the
Agreement. Further, R&A agrees to indemnify and hold Assignor harmless from
any suit, liability, claim, action or loss arising out of services provided to the
Augusta Aviation Commission in accordance with the Agreement after the
effective date of this assignment. Assignor agrees to indemnify and hold R&A
harmless from any suit, liability, claim, action or loss arising out of services
provided to the Augusta Aviation Commission in accordance with the
Agreement prior to the effective date of this assignment.
Assignor warrants that the Agreement is free of any claims, liens or
encumbrances.
Governing Law. This assignment shall be governed by and construed in
accordance with the laws of the State of Georgia, without giving effect to the
conflict of laws principles thereof.
Counterparts. This assignment may be executed in any number of counterparts,
all of which together shall constitute one 'Y.ld the same document.
So Assigned, ihis L day of ~~003:~ . ·
Black & Veatch Corporation
Kansas City, Missouri
ASSIGNOR:~~~
Ricondo & Associates
San Francisco, califor~ _
ASSIGNEE:~ ~A 2)
Title: ;/..t--U-~
Date: ,~/Y;2Ibs
Title: 5c:..teoo' ~~c- 4~~
Date:
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CONSENT TO ASSIGNMENT
In consideration of the covenants
and agreements expressed in the above
Assignment of Agreement, Augusta
Aviation Commission hereby consents
to the assignment.
IN WITNESS WHEREOF,
Augusta Aviation Commission has
caused this Consent to Assignment to
be executed by its duly authw.ized
representative as of this 'Zri - day of
,,~ April, 2003, ~"".!d- 10 Ik ~'dGs AtJ- rf ~ ~ ~-~d- ~ ~f. ~ 2.txJ<.,
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PROFESSIONAL SERVICES AGREEMENT
GENERAL ADVISORY AIRPORT CONSULTING AGREEMENT
AUGUSTA REGIONAL AIRPORT
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as the
"AGREEMENT"), entered into as of ~l?)''''' 'aD, aCX)~ by and between BLACK &
VEATCH CORPORATION, hereinafter referred to as CONSULTANT and AUGUSTA
AVIATION COMMISSION, an instrwnentality of Augusta, Georgia, hereinafter referred to
as OWNER,
WITNESSETH THAT:
WHEREAS, the OWNER has estc;lblished its vision for the Augusta Regional Airport at Bush
Field (Airport) as the second major airport in Georgia; and
WHEREAS, to achieve the vision for the Airport, the OWNER and Airport Management must
undertake a series of steps aimed at (1) developing the Airport as an activity center for both
aeronautical and non-aeronautical activities; (2) establishing the Airport as a major economic
generator for the Augusta Region; and (3) taking steps to improve air service and fares at the
Airport ; and
WHEREAS, the OWNER, in the operation of t~e' Airport, requires general advisory airport
consulting services to be provided to assist in achieving its vision through development and
implementation of a Strategic Plan;
WHEREAS, the OWNER has decided to retain an airport consultant to assist with
development of the business and financial portions of the strategic plan and assist in capital
project implementation; and
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August 20, 2002
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WHEREAS, the OWNER selected CONSULTANT as a result of a nation-wide competitive
selection process; and
WHEREAS, the services may be funded in part with Federal Aviation Administration Grants
issued to the OWNER by the Federal Aviation Administration; and
WHEREAS, the OWNER has authority to contract for such professional services; and
WHEREAS, CONSULTANT represents that it is specially trained, experienced, expert and
competent to perform the services required by the OWNER as above listed.
NOW, THEREFORE, the parties do mutually agree as follows:
1. EMPLOYMENT OF CONSULTANT
The OWNER hereby engages CONSULTANT and CONSULTANT hereby agrees to
provide general advisory airport consulting services hereinafter set forth.
2. TERM
This AGREEMENT shall be effective commencing upon approval by the Augusta-Richmond
County COmmission and shall remain in effect until May 31, 2007 unless otherwise terminated
in accordance with the provisions of this AGREEMENT.
3. SCOPE OF SERVICES
CONSUL T ANT shall perform general advisory airport consulting services including, but not
necessarily limited to: (1) assisting airport management and City Attorney with airline
negotiations; (2) assisting airport management and City Attorney with preparation of a
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scheduled airline operating agreement and terminal building lease; (3) recommending to and
designing for airport management rates and charges models and assisting in the integration of
models with airline negotiations; (4) preparing financial feasibility studies and issuing opinions
in connection with any revenue bond fInancing for airport improvements; (5) preparing
Passenger Facility Charge application(s); (6) concession planning and development services;
(7) development management services for real estate development; (8) economic services
involving aviation demand forecasting, market analysis, and economic impacts; (9) assistance
with fmancial management issues and fInancial planning; (10) assistance with preparation of a
Property Management Plan; (11) assistance with preparation and implementation of a Revenue
Development Plan; and (12) general business planning.
CONSULTANT shall not proceed' with the scope of services until such time as this
AGREEMENT is executed and the OWNER provides written authoriZation to proceed. FAA
approval of scope will be obtained for FAA funded items and tasks.
Each assignment conducted by CONSULTANT pursuant to this AGREEMENT shall be
performed only pursuant to a written authorization ("Work Authorization") expressing
authorizing the specifIc service and issued by the OWNER. The Work Authorization shall set
forth the subject matter, nature and extent of the service to be provided by CONSULTANT.
CONSULTANT shall perform such services in consultation with the OWNER. Upon
issuance by the OWNER, a Work Authorization shall become a part of this AGREEMENT as
if expressly set forth herein. Words and phrases defIned herein shall have the same meanings
when used in a Work Authorization.
The OWNER, in-consideration of the performance of the CONSULTANT's undertakings
under this AGREEMENT, pursuant to Work Authorizations fully executed by the OWNER
and CONSULTANT, shall pay the CONSULTANT the consideration determined in each
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Work Authorization; which consideration shall constitute complete payment for all services
furnished in connection with the work required to be performed under the Work Authorization.
4. CHANGES
No changes in the Scope of services shall be made unless agreed to in writing by both the
OWNER and CONSULTANT and amended to this AGREEMENT. Any such changes in the
Scope of services may require changes to the time of performance and compensation as set
forth herein. Any such changes to the time of performance or compensation shall be subject to
mutual agreement between the OWNER and CONSULTANT and shall be incorporated in
written amendments to this AGREEMENT.
5. COMPENSATION
The OWNER agrees to pay CONSULTANT an amount not to exceed the professional service
fees and out-of-pocket expenses described in Exhibit A. Upon mutual written agreement, the
Compensation amounts specified in Exhibit A may be modified. The amount of compensation
and method of payment will be established when each planning Work Authorization is
developed and presented for approval.
6. MffiTHODOFPAYMENT
The OWNER shall pay CONSULTANT for services under this AGREEMENT in accordance
with monthly invoices to be submitted by CONSULTANT. Each such invoice shall cover
services performed during the preceding month and shall be for an amount calculated as
provided in the Work Authorization. The OWNER shall pay CONSULTANT's invoiced
amounts within thirty (30) days following OWNER's receipt thereof. In the event of disputed
billing items, CONSULTANT shall, upon request by OWNER, and the parties shall negotiate
in good faith to resolve such dispute. CONSULTANT's failure to furnish such supporting data
shall constitute waiver and release of any claim again OWNER with respect to such invoiced
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items.
7. INDEPENDENT CONTRACTOR
It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is
an independent contractor and that no relationship of employer-employee exists between the
parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits
payable to employees of OWNER. OWNER is not required to make any deductions or
withholdings from the compensation payable to CONSULTANT under the provisions of this
AGREEMENT; and as an independent contractor, CONSULTANT hereby indemnifies and
holds OWNER harmless from any and all claims that may be made against OWNER based on
any contention by any third party than an employer-employee relationship exists by reason of
this AGREEMENT.
It is further understood and agreed by. the parties hereto that CONSULTANT, in the
performance of its obligations hereunder, is subject to the direction of OWNER as to the
designation of tasks to be performed, the results to be accomplished by the services hereunder
agreed to be rendered and performed, and not the means, methods, or sequence used by
CONSULTANT for accomplishing the results.
If, in the performance of this AGREEMENT, any third persons are employed by
CONSUL T ANT, such persons shall be entirely and exclusively under the direction,
supervision, and control of CONSULTANT. All terms of employment, including hours,
wages, working conditions, discipline, hiring, and discharging, or any other terms of
employment or requirements oflaw, shall be determined by CONSULTANT.
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It is further understood and agreed that as an independent contractor and not an employee of
OWNER, neither CONSULTANT nor CONSULTANT's assigned personnel shall have any
entitlement as an OWNER employee, or right to act on behalf of OWNER in any capacity
whatsoever as agent, or to bind OWNER to any obligation whatsoever.
8. SUBCONTRACTORS.
The OWNER recognizes that in the perfonnance of this AGREEMENT, CONSULTANT will
lead a team of professional consultants including Williams-Russell & Johnson, Inc.; Tatus &
Associates, LLC; IBM, Incorporated; and Gallup & Associates. Appropriate elements of some
tasks will be subcontracted by CONSULTANT to these fInns, which services shall be
specifIcally described and included in each Work Authorization; provided, however, nothing
herein shall be construed as relieving CONSULTANT from its obligations hereunder. It is
understood and agreed that OWNER shall look solely to CONSULTANT to perform the
services under this AGREEMENT.-
9. OWNERSHIP OF WORK PRODUCT
All documents, data, plans, reports, and other work products prepared by CONSULTANT
under this AGREEMENT shall become the property of the OWNER and may be utilized by
the OWNER, or its agents, for any purpose whatever without additional fee, royalty or other
payment to CONSULTANT. CONSULTANT shall have the right to retain copies of such
documents, work products and other materials for its records.
10. DATA TO BE FURNISHED TO CONSULTANT
All data, reports, records, plans, maps, and other information as are available, in the OWNER's
custody, and necessary to carry out the scope of services under this AGREEMENT shall be
furnished to CONSULTANT without charge by the OWNER in a timely manner. The
OWNER shall cooperate with and assist CONSULTANT in obtaining all other information
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August 20, 2002
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necessary to carry out the scope of services.
CONSUL T ANT shall have no liability for defects in the services attributable to
CONSUL T ANT's reliance upon or use of information, data, design criteria, drawings,
specifications, or other information furnished by OWNER or third parties retained by
OWNER.
11. COORDINATION BETWEEN OWNER AND CONSULTANT
Continuing coordination and communications shall be maintained between CONSULTANT
and the OWNER to ensure the timeliness and applicability of activities and fmdings. To
expedite such coordination and commWlications, the OWNER designates the Executive
Director of the airport as its representative who together with its Project Management Team ,
th. e CONSULTANT shall direct all corresp. ondency;' rojgress reports, .req~~~,ts for information
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or asSIstance, and other matenals. - U//(,1t/AL ". LJ
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The OWNER shall provide information, assistance, and review comments on reports and other
interim products as provided for in the scope of services under this AGREEMENT and shall
provide other necessary information and assistance in a timely manner so as to allow
achievement of the scope of services and time of performance specified herein.
12. PERSONNEL
CONSULTANT represents that it has, or will obtain at its own expense, all personnel required
to perform the scope of services required under this AGREEMENT. Any and all persons
engaged by CONSULTANT to perform the scope of services shall be considered employees
of CONSULTANT and not-of the OWNER.
All of the services required hereunder shall be performed by. CONSULTANT and its
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August 20, 2002
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subcontractors, if any, and all personnel engaged in such services shall be properly qualified
and authorized under applicable State and local laws to perfonn such services.
13. NO IDRE
CONSULTANT shall not engage in employment discussions with an official or employee of
OWNER who has worked or participated personally and substantially in the bidding,
contracting, or the contracting process for this contract, for the purpose of inducing or
attempting to induce such official or employee to leave Augusta's employ. Failure to comply
with this provision shall be considered a breach of the contract and grounds for rescission of
the AGREEMENT.
14. AUTHORITY OF CONSULTANT
It is understood that CONSUL T ANT is to provide information, research, advice,
recommendations and consultation services to the OWNER. CONSULTANT shall possess no
authority with respect to any OWNER decision. OWNER is responsible for and shall make all
governmental decisions related to the work of CONSULTANT.
15. PROFESSION SERVICES
CONSULTANT agrees that the work hereunder shall be performed and completed in a
professional manner. All services shall be performed in the manner and according to the
professional standards observed by competent practitioners of the profession engaged.
16. TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, CONSULTANT shall fail to fulfill in a timely and proper manner its
obligations under this AGREEMENT, or if CONSULTANT shall violate any of the
covenants, agreements, or stipulations of this AGREEMENT, the OWNER shall thereupon
have the right to terminate this AGREEMENT by giving written notice to CONSULTANT of
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such termination and specifying the effective date thereof at least ten (10) days before the
effective date of termination.
If, through any cause, the OWNER shall fail to fulfill in a timely and proper manner its
obligations under this AGREEMENT, or if the OWNER shall violate any of the covenants,
agreements, or stipulations of this AGREEMENT, CONSULTANT shall thereupon have the
right to terminate this AGREEMENT by giving written notice to the OWNER of such
termination, and specifying the effective date thereof, at least ten (10) days before the effective
date of termination.
17. TERMINATION FOR CONVENIENCE
This AGREEMENT may be terminated in whole or in part in writing by either party without
cause on sixty (60) days written notice.
18. PAYMENT UPON TERMINATION
Upon receipt of a termination notice, the CONSULTANT shall promptly discontinue all
services affected (unless the notice directs otherwise). In the event of any such termination by
CONSULTANT or the OWNER, copies of all finished and unfinished documents, data,
plans, reports, and other materials prepared by CONSULTANT under this AGREEMENT
. shall become the property of the OWNER and, at its option, shall be provided to the OWNER,
provided, however, that CONSULTANT shall have the right to retain copies of such
documents and other materials for its records, and provided further that CONSULTANT shall
be entitled to receive just and equitable compensation for all work completed on such
documents and other materials and for reasonable documented termination expenses.
19. NOTICES
Except as provided for otherwise herein, all notices; requests, demands, and other
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communications required or permitted pursuant to this AGREEMENT shall be made in writing
and shall be deemed to have been duly given if personally delivered or deposited in the United .
States mail, first class postage prepaid, and addressed as follows:
TO OWNER:
Augusta Regional Airport
1501 Aviation Way
Augusta, Georgia 30906
Attn: Executive Director
TO CONSULTANT:
Black & Veatch Corporation
8400 Ward Parkway
Kansas City, Missouri 64114
Attn: Mr. Bart Foster
Either party shall have the right by giving fifteen (15) days prior written notice to the other, to
change the address at which it will receive any communications.
20. AMENDMENT
This AGREEMENT may be amended only by written instrument executed by both parties or
their respective successors or assigns. No restrictions, promises, warranties, covenants, or
undertakings shall exist other than those expressly set forth herein.
21. ASSIGNABILITY
CONSUL T ANT and the OWNER each binds itself and its assignees and successors In
interest to the other party, and to the assignees and successors in interest of such other party, in
respect to all covenants of this AGREEMENT. Any successor to CONSULTANT shall have
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and retain in its employ staff with the necessary qualifications, experience, and resources
satisfactory to the OWNER to ensure that such successor shall be fully capable of performing
the services required hereunder.
22. NO TIDRD-P ARTY RIGHTS
This AGREEMENT shall not create any right in or benefit to parties other than the OWNER
and CONSULTANT and their assignees and successors.
23. NO JOINT VENTURE
Nothing herein shall be construed to imply a joint venture or principal and agent relationship
between the OWNER and CONSULTANT, and neither party shall have any right, power, or
authority to create any obligation, express or implied, on behalf of the other.
24. DOT TITLE VI ASSURANCES
During the performance of this AGREEMENT, CONSULTANT, for itself, its assignees, and
Successors in interest agrees as follows:
(a) Compliance with Regulations: CONSULTANT shall comply with the regulations
relative to nondiscrimination in federally assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time (hereinafter, "REGULATIONS"), which are
herein incorporated by reference and made a part of this AGREEMENT.
(b) Nondiscrimination: During the performance of this AGREEMENT, CONSULTANT
agrees that it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, age, national origin, or physical handicap..
CONSULTANT will take affIrmative action to ensure that applicants are employed,
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and that employees are treated during employment, without regard to their race, color,
religion, sex, age, national origin, or physical handicap. 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 payor other forms
of compensation, and selection for training, including apprenticeship. CONSULTANT
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this nondiscrim-
ination clause, and shall not participate either directly or indirectly in discrimination
prohibited by Section 21.5 of the REGULA nONS.
(c) Solicitationsfor Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations either by competitive bidding or negotiations by CONSULTANT
for work to be perfornied under any subcontract, including procurements of materials or
leases or equipment, each potential subcontractor or supplier shall be notified by
CONSULTANT of CONSULTANT's obligations under this AGREEMENT and the
REGULATIONS relative to nondiscrimination on the grounds of race, color, religion,
sex, age, national origin, or physical handicap.
(d) Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion Required for 49 CFR Part 29: CONSULTANT certifies, by execution of
this AGREEMENT, that neither it nor any of its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency. CONSULTANT
further agrees by executing this AGREEMENT that it will include this clause without
modification in any lower tier transactions, solicitations, proposals, contracts, and
subcontracts. Where the lower tier participant is unable to certify to this statement, it
shall attach an explanation to its contract.
Page 12 of 17
August 20, 2002
(?
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(e) Information and Reports: CONSUL T ANT shall provide all information and reports
required by the REGULATIONS or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities as
may be determined by the OWNER or the Federal Aviation Administration to be
pertinent 'to ascertain compliance with such REGULATIONS, orders, and instructions.
Where any information required of CONSULTANT is in the exclusive possession of
another who fails or refuses to furnish such information, CONSULTANT shall so
certify to the OWNER or the Federal Aviation Administration as appropriate, and shall
set forth what efforts it has made to obtain the information.
(f) Sanctions for Noncompliance: In the event of CONSULTANT's noncompliance with
the nondiscrimination provisions of this AGREEMENT, the OWNER shall impose
such sanctions as it or the Federal Aviation Administration may determine to be
appropriate, including but not limited to:
(1) Withholding of payment to CONSULTANT under this AGREEMENT until
CONSULTANT complies: and/or
(2) Cancellation, termination, or suspension of the AGREEMENT in whole or in
part.
(g) Incorporation of Provisions: CONSULTANT shall include the Paragraphs 19(a)
through 19(f) in any subcontract, including procurements of materials and leases of
equipment, unless exempted by the REGULATIONS or directives issued pursuant
thereto. CONSULTANT shall take such action with respect to any subcontract or
procurement as the OWNER or the Federal Aviation Administration may direct as a
means of enforcing such provisions including sanctions for noncompliance provided,
however, that in the event CONSULTANT becomes involved in or is threatened with
Page 13 of 17
August 20, 2002
(:
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,
litigation with a subcontractor or supplier as a result of such direction, CONSULTANT
may request the OWNER to enter into such litigation to protect the interests of the
OWNER and, in addition, CONSULTANT may request the United States to enter into
such litigation to protect the interests of the United States.
25. AVAILABILITY OF RECORDS
CONSULTANT agrees to keep time and expense records covering direct costs pertaining to
the services performed under this AGREEMENT and to make such records available to
authorized representatives of the OWNER, the Federal Aviation Administration, and the
Comptroller General of the United States during the term of the AGREEMENT and for a
period of not more than three (3) years following the fmal payment for services performed
under the AGREEMENT.
26. NO WAIVER
The failure of either party to enforce at any time, or for any period of time, the provisions
hereof shall not be construed as a waiver of such provisions or of the rights of such party to
enforce each and every provision. No OWNER payment to CONSULTANT for services
perfonned under this AGREEMENT shall be construed as a waiver of any rights under this
AGREEMENT.
27. APPLICABLE LAWS
CONSULTANT agrees to perfonn the scope of services required hereunder in compliance
with all applicable local, State, and federal laws.
28. SEVERABILITY
In the event of any judicial determination that any portion of this AGREEMENT is invalid or
unenforceable, the invalidity or unenforceability of any particular provision shall not affect the
Page 14 of 17
August 20, 2002
("
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other provisions of this AGREEMENT and this AGREEMENT shall be construed in 'all
respects as if such invalid or unenforceable provisions were omitted.
29. CAPTIONS
The captions contained in this AGREEMENT are for reference only and are in no way to be
construed as part of this AGREEMENT.
30. INSURANCE
During the performance of the services under this AGREEMENT, CONSULTANT shall
maintain the following minimum levels of insurance:
A. General Liability Insurance, with a combined single limit of $1,000,000 for each .
occurrence and $1,000,000 in the'aggregate.
B. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each
person and $1,000,000 for each accident.
C. Workers' Compensation Insurance in accordance with statutory requirements and
Employers' Liability Insurance, with a limit of $500,000 for each occurrence.
D. Professional Liability Insurance, with a limit of$1,000,000 annual aggregate.
31. HOLD HARMLESS
CONSUL T ANT shall indemnify and hold the OWNER harmless from all claims and
liabilities for bodily irijwy to or death of any person and for damage to or destruction of
property resulting solely from the negligence or willful misconduct of CONSULTANT or its
employees in the performance of services under this AGREEMENT.
32. COPYRIGHT
No reports, maps, plans, or other documents produced under this AGREEMENT shall be the
subject of an application for copyright by or on behalf of CONSUL T ANT.
Page 15 of 17
August 20, 2002
cr'
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33. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
This AGREEMENT is subject to the requirements of 49 CFR Part 23 regarding the
participation of DBEs, as defined in 49 CFR Part 23, in contracts financed in whole or in part
with federal funds. CONSULTANT agrees to take all necessary and reasonable steps to
ensure that DBEs have opportunities to compete for and perfonn any subcontracts under this
AGREEMENT. CONSULTANT further agrees that it will not discriminate on the basis of
race, color, national origin, or sex in connection with the award or perfonnance of any
subcontract under this AGREEMENT.
34. VENUE
All claims, disputes and other matters in question between the OWNER and CONSULTANT
arising out of or relating to this AGREEMENT, or the breach thereof, shall be decided in the
superior court of Richmond County, Georgia. CONSUL T ANT, by executing this
AGREEMENT, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia.
35. OPEN RECORDS
CONSULTANT Acknowledges that under Georgia law its records, accounts, operating
records, documents, spreadsheets and all correspondence relating to the scope of services, and
other documentation pertaining to the scope of services, may be public records subject to
Georgia's Open Records Act (O.C.G.A. ~ 50-18-70, et seq.). CONSULTANT agrees to
deliver immediately to the OWNER any request made to CONSULTANT under the Georgia
Open Records Act and to cooperate fully in responding to any request made either to OWNER
or CONSULTANT and making all records, not exempt, available for inspection and copying
as provided by Georgia law.
Page 16 of 17
August 20, 2002
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be signed and
intend to be legally bound hereby.
ATTEST:
By:
Title:
Date:
ATTEST:
APPROVED AS TO FORM:
By:
ATTEST:
By: ~ ~"-
Title: "-frU(f).sJ (~~r-Jr.y
Date: 8'1 Z '? I u""
AUGUSTA AVIATION COMMISSION:
q;y: ~%Jt~~..
Title: ~~
Date: . 1 lId /O~
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<i Jld 7,,~
,
BLACK & VEATCH CORPORATION:
-- ~ --
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By: - --j
Title:~
Date:
Page 17 of 1 7
August 20, 2002
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EXHIBIT A
COMPENSATION PROVISIONS
This is an exhibit attached to and made a part of the AGREEMENT between the
OWNER and the CONSULTANT for professional consulting services.
The OWNER agrees to compensate the CONSULTANT for services perfonned in
accordance with one of the following methods as hereinafter set forth. It is further agreed that
such compensation' includes both direct and indirect costs chargeable to the Work
Authorization under generally accepted accounting principles.
The method of payment and the amount of payment for specified services shall be
detailed in each W-ork Authorizatio{l. The receipt of an approved Work Authorization will
constitute the CONSULTANT's Notice-to-Proceed.
Unless otherwise approved in writing, the CONSULTANT is not to undertake any
work prior to the receipt of an approved Work Authorization executed by the OWNER.
1. Cost Plus Fixed Fee
Under this method of payment, the CONSULTANT's compensation will be equal to
direct hourly cost times a factor to cover overhead plus direct non-salary expense and a fixed
fee to cover profit. The cost may be more or less than estimated or may be a "not to exceed"
amount, but the fixed fee will neither increase nor decrease, unless there is a change in the
scope, complexity, or duration of the work. In that event, the fixed fee would be subject to
re-negotiation. Should the total cost be more than the estimated budget in an approved Work
Authorization, a supplemental Work Authorization covering the additional costs of the
particular task in question will be prepared by the CONSULTANT and submitted to the
OWNER for review and approval.
2. Hourlv Fee Schedule and Subconsultants
Under this method of payment, the CONSULTANT's compensation will be based on
actual hours worked, by discipline, times the then current fee schedule, plus direct non-salary
expenses, including the direct costs of subconsultants plus a lump sum administrative fee. The
cUrrent fee schedule is as follows:
Rate per Hour
Black & Veatch,
Principal
$165 - 235
Richard Judy
~ichael(}. ~oroney
Max ~urdoch
$170
$224
$177
Page 1 of2
August 20, 2002
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Daniel C. Orcutt $165
John Pfeifer $170
Lisa J Stanton $177
Corey Williams $224
Senior Consultant $120-180
Douglas K. Adams $144
Grant B. Olsen $150
Consultants $90 - 135
Diana Hopkins $115
Lisa A. Ryan $ 90
Project Analysts $50 - 105
Graphi.c Designers/Planning
T echnicians/Editors $50 - 105
Administrators
$40 - 85
Technology Charge (Computer usage)
$10.00
3. Lump Sum,
P or work that can be defined and delineated in advance, payment to the
CONSULTANT will be made on the basis of a lump sum. The agreed lump sum shall
represent full payment for all payroll, overhead, profit, and other direct non-salary expenses as
hereinafter described. The lump sum will not increase nor decrease unless there is a change in
the scope, complexity, or duration of the work. In that event, the lump sum would be subject
to re-negotlation, and CONSULTANT will prepare and submit a supplemental Work
Authorization for OWNER approval.
4. Expenses
Out-of pocket expenses for telephone calls, transportation, travel related expenses,
and subsistence, reproduction of reports, and other services and materials will be billed at
actual cost.
Page 2 of2
I
August 20, 2002
. .'
WORK AUTHORIZATION REQUEST No. TWO
GENERAL ADVISORY AIRPORT CONSULTING SERVICES
AUGUSTA REGIONAL AIRPORT (ARA)
. TASK: GENERAL ADVICE, GUIDANCE AND COORDINATIONS
The Commission is embarking upon and has set an aggressive schedukfor moving forward with the
implementation of the development program outlined in the 2001 ARA Master Plan. The Commission
has designated as its very top priority the completion of a new terminal building by January 2005,
which is consistent with the summer 2002 Federal Aviation Administration (FAA) accepted ARA
Master Plan development program. The terminal building development is in the critical early stage of
inception, as the Commissic;m is transitioning into implementing the r~commendations of the overall
, MasterPlan.
There are many important structuring decisions and critical elements that require study, analysis,
coordination and representation by the general advisory consultant team to provide support for the
Commission to finalize policy, financial & business decisions related to the terminal development
program. The assignments performed under this authorization are essential to'aid in keeping the
airport development program on schedule and will support the Commission in properly transitioning
into the full-scale implementation of the overall Master Plan and specifically the start-up of the
terminal building development.
Therefore, in order to assist the Commission and staff, the consultant will provide the Commission
su,?h general advisory airport consulting services as may from time-to-time be specifically required; ,
requested and authorized by the Commission, which are outside of the planning, business manage-
ment/operation, revenue development and financing technical support for the new Airport terminal ,
designated under other specific work authorizations. These services may include the performance of
studies, analyses and research, setting up/coordination and participation in key meetings with the
,Commission, Aviation Department staff, F ederal Aviation Administration (FAA) and others;
coordination with state agencies and the provision of others general advisory services and assistance.
In order to meet the desired target opening date for a new terminal building,'there is an urgent need to.
proceed with the activities of this work authorization, which will have three (3) support focuses:
' -
1- Direct technical advisory and program management support to the overall Commission/staff, .
but specifically to the Project Management Team sub-committee of the Commission to fast-
track the new terminal building development;
2- ,Providing technical support and coordination to solicit and obtain $20-30M in funding from
multiple sources. It is well recognized that the development of the new terminal will depend
, heavily upon obtaining upwards of 75-90% of the construction cost from sources other than
airport revenue bonds. The primary funding sources are the State of Georgia and Federal
governments, which the general advisory consultant has established a technical and funding'
rapport with over the course of preparing the Master Plan. The consultant will approach and
work with FAA, Georgia Dept. of Industry & Trade, GaDOT, Georgia One to solicit grants,
Title One, etc. monies in a multi-year funding strategy. It is also recognized that soliciting of
funding from government sources is time sensitive, and these efforts need to begin in earnest in
WORK AUTHORIZATION REQUEST No. TWO
GENERAL ADVISORY AIRPORT CONSULTING SERVICES
9/5/02. Page 2 of3
order to advance the terminal program to program to receive funding beginning in the next 18-
36 months. The focus and objective of this effort will be to hopefully promote the ARA
. program to obtain initial funding starting in 2003.
3- Providing technical coordination/support to develop and maintain greater positive local support
for the airport development program by meeting regularly with CSRA business, community
and environmental groups/leaders. Additionally, the general advisory consultant will regularly
meet withCSRA elected loca~ state and federal level politicians to gain their advocacy support
and assistance in obtaining government funding. The objective of this effort will 'be to
effectively coordinate/manage, inform and focus the 2003 legislative agenda! activities of the
delegation of local and legislative officials.
Services Provided: The consultant will provide general guidance/advise/direction, perform technical
task, as well as, coordination and support to the Commission on assignments that are critically needed
to advance the master plan development program and specifically to expedite the terminal building
development. This work authorization will establish an approved authorization for the consultant team
to be reimbursed for time and expenses spent on the critical miscellaneous Commission approved '
activities (listed below, but not limited to), which support the top priority objectives of the
Commission.
These activities are specific in objective, but generally to small, short or drawn out in duration that
preparation of a separate work authorization would be disruptive, and not practical to the effectively
manage of the airport. Such asSignments will be conducted on a time and material basis at the
consultant's standard hourly billing rates.
, To fulfill the priority objectives of the Commission, the services of the consultant are engaged to
perform under this work authorization will be (but not limited to) to provide of support: '
1. Project Management Team (PMT) Committee Activity & Meeting Coordination for
Implementation of Master Plan & New Terminal Complex Development
.2. Technical Coordination with FAA for Approval of New Terminal Complex Development
, , Program .
3.. Technical Support/Coordination with Legislative Support with County, State & Federal Elected
Officials '
4. Coordination for Solicitation of Funding Support for New Terminal Development
5. Coordination with Georgia State Agencies (Dept. of Industry & Trade, Georgia One, etc.)
6. . Coordination with Federal Agencies (in Washington DC and Regional)
7. Attend Miscellaneous Meetings with Local Business/Community Leaders, Environmental
Groups and Others
,.:
WORK AUTHORIZATION REQUEST No. TWO
GENERAL ADVISORY AIRPORT CONSULTING SERVICES
9/5/02 Page 3of3
PROFESSIONAL SERVICES FEE
The services for this work authorization will be multi-phased, Table 1 shows a projected performa
budget breakdown for Phase 1. The work authorization is for'$83,246.00, which is for Phase 1.
Services provided under this task will be performed on a time and material basis using the consultant's
current standard contract billing rates. The consultant will provide a monthly summary to document
meetings attended and progress on the activities engaged under this work authorization;
AGREED and ACCEPTED:
AUGUSTA AVIATION C01vfMISSION
ATTEST:,
By:
By:
Title:
Title: .
Date:
Date:
BLACK & VEATCH CORPORATION
By:
Title:
Date:
Executed original on file with
Black & Veatch Corporation.
FRo.M . :" AUGUSTA REG I IIlNAL A I RPORT
PHONE NO..
706 7981551
Oct. 31 2002 03:08/;'M P2
PFC Work Authorization a part
of General Advisory Services.
~.
BLACK & VEATCH
. AJrpll1't MiItlIiIgemant CaI':SL1IlInQ Qrcup
, 1!l!5 GlItllWllJ Boulrnen:l. Sgibt ,coo
Conoord, Callfcml. iE20 USA
ISIIck. Yutch Corporlltian
Tal: ~25) ~45-8000
, Fax; (S4e) ~oa2 ,
Ootober 30, 2002
'Mr. Kenneth r. Kraemer"AAE
. Executive Director
Augusta Regional Airpon
, 1501 Aviation Way ,"
Auguita, GA 30906
RE: Task A1Jthorization: Prc:paI':l and Coordinate M Amendment to the Airport's
Passenger Facility Charge Authorization and Prepare and Coordinatc New
. Applications .
Dear Mr. 'Kraemer:
Inaccordaneo with our conversation today, we propose to pt'flpare and coordinate an , ' .
amendment to the Airport'~ Passcn~er Facility Charge Authoriz.ation and prepare and
coordinate new applications - under the authority of Work Authorization 2 far the
professionalllerviccs fee of$23,870. '
'Pi:JR.rosE 0Ji" nm F ASSENG'E2, FACILrI'Y CHARGE TASK AUIHOiUZAnoN
~ Commission is cum:ntIy authorized 10 collect a Passenger Facility CharBc to pay the CC5IS of
,COCIstrucnan and financing (inta'CBt and debt isSlW)l;c costS) 25sociated with a new pasm1;cr
1J:lrririnal building at the site ofthc existing pa&s:Ilgertcrminal bu.ildixla. The PcderalAviation
Administration has accepted the Airport's mast=r pll!l1 s~ a new and differem pas!!enger
tenninal building at a different sin, on the Airport A~rdinaly. ir is, necessary that
adjustment:!! be rnado to the existing Posscnger Facility Charge authorization !.lld.1bat new
a.uthorizations be submitted fex approval by the Federal A viltion Administration. The
current-authori:zarion docs not permit the use ofPlUIsqer Facility Charge funds for the
irnpmvemems 10 the existing tcrmittal building to accarmnad8te Continental Airlines or for
costs associated with the new midfield. p3S$Clger terrnm.a1 cOlIli'lcg
Work to be performed under this worlc authorizluion includes:
1. Revise the Pass. Facility Charae program tel reflect the 1q'proved Airport
master plan and the master plan passenger tenninal coinplex at the new site,
2. Obtain approval to use the proceeds of1he Pass~ Facility Char~e to fund
the improvements to the existing terminal to ac~ommoder.c Contintmtal
Airlines.
.. ..... I..... I ^ n .,..TTTT...., .f' r ~..,. J........... ..~..... _. _ _ _ r-L_
FROM' RUGUSTR REGIONAL,AIRPORT
PHONE NO.
706 7981551
Oct. 31 2002 03:08PM P3
Mr. Kenneth J. Kraemer, AAB
Augusta Regional Airport
October 31, 2002
Page 2
3. Obwn authorization to reimburse the Commis&ion from the proceeds of
Paiienger FBCi.lily ChlrBe collec:tiol1l for local matching funds on grant,,:
fundlsd pro~ begun ~ November 1990, '
4. lledefine the Passen~ Facility Charge coUeaion period, and
S. Redefine 1hose air carriers that are exempt from collecting the Passenger
Facility Charge (3. recent concern of Airport management).
Con-.pletion of me it5pS required in Federal Air Regulations Pan l~g for emendina the
exiatmgauthorizmion and obtaining approvals on new applicxrions will tfre spptoximatel):
150 days. As such., it is important that the process be initiated as soon as possible,
TASK 1: AMENDMS'NT OF EXISTlNC PASSENGER FACII..ITY CHAllGE
AUTHORIZAnON
Blacl: &; V2ll.tch. will prepare an amendment to the existing PsssengerFacility Charge
. authorization to request approval to use Passenaer Facility Charge proceeds to pay the
. eligibJeportion of me cost af'improvements to the l!tlCistins terminal building to accommodate
Continenml Aidines - We will identify the portion of 'dll~ project costs thaI are eligible for :
, funding with PasseIlier Facility Charge proceeds (everything Js elieible except the actual
space behind the ticket ~oumer and office space tiurc Continental will oewpY on an exclusive
basis).'
We will preplU'e the :a.mendmen~ in accordance wilh Federal Air Regulation Pan 158. We
will assist the Commi.s8ion 'oVith the Passenger Facility CharBe pr0ce9S including preparation
of resolutions, notices to the airlines; required airline consultation information, me8rl:ng and
meeting minutes, and the ~tuel ~ to be submitted 10 the Federal Aviation
Administration. We will attend the airline Passenger Facility Charge'eonsulta.tion meeting
and represent the Airport as appropriate. We will toordin~t:e submission of the PBssenger
Facility Charge amendmClnt package to the Federal A vi2tion Administration.
Outpur; .Preparation ofF AR Part 1 ~8 infonnation and the Amendment to the existing Passenger
Facility ~e authorUztion. A1:temianco at the mandatory airline coosultation meeting, l!l1d
coordimltion with lhe Fedcnl Aviation Arlministmtian.
TASK 2: APPUCA'I'lON Jlcm.R.!IMlMlSEM:ENT 01 LOCAL MATCHING FuNDs PCB.
HIsroRlCAl AlP GRANTS
To obtain authority for the Commission to reimburse i1Self with Passen;er Facility Chari=
proceeds for local mm:hing fimds paid out on projects initiated after NOYClTlbcr 1990 1hat
were :furu::led. with Federal Airpon Improvement Program Grants. we will prepare a PassCfI..ger
Facility Charge applicmion in acconiance with Federal Air Re:JiUlaIion Part 158 ~ Federal
Aviation Administration approval of the application win provide the Conunission with
. discr8tionmy fundEL.
III Airport ManQgement Consulting Group
10/31/02 THU 12: 44 [TX/RX NO i477] 141003
. FROM,:' AUGUSTA REGIONAL AIRPORT
PHONE NO.
706 7981551
Oct. 31 2002 03: 09PM P4 .
Mr. Kenneth I. Ktuiaer, AAE
Augusta Regicma1 Airport
October 31, 2002
P2ge 3
We wiU assist1he Commission with the PilSS~or Facility Ch8r~ proCess including
preparation ofresolutions, notices to the airlines; ~quired airline COP&uItation information,
meetine and meeting minutes. We will attend 'the 'airlin~ Passcnser Facility Charge
consult3tion meeting and represent the Airport as appropriate. We will prepare 1he actual
applicl;tion and coordin.a%e its submission to the Federal Aviation Administration.
Output: Prcpa.ration afFAR. Part 158 information and the: application for authority to impolle and
UIle Paasaoger Fa.cility Charge proceeds for rcimburscmart of historica.l AlP ~ matching
funds; .Attendance at the m:rMlltnryairlinC con:rultAtion meeting; and, coordination with the
F edeml A vi.ati.cn Arlministndon.
TASK 3: APPUCAnoN TO IMPOSE AND USE !'ASSENGER FAOUlY c::H.A.R.GE
PROCEEDS IOi. NEw TW.flNAL BurLDING COMl'UX
To obtain approval to impose, and use the proceeds of the Passenger Facility Charge for
, comtrUCtion and financing ofthc newpa!!!~er terminal bwlding complex at the midfield
site, we will prepare new Passenger Facility Charge application in ~cordmu:a with Fedm-al
Air ReiU1ation Part 158. The request will be for authorization through me'temlinal facility
, development period. We willl.!llliat the Commission with the Paalleoger Facility Charge ,
process including preparatioo of resolutions. notices to the airlinesi required airline '
consultation information, meerin~ and meeting minutes.. We will attend the airline Passenger
Facility Charge consultation meeting Md support the Commission. We will coordinate thCl
actuaI5ubmission 10 tho Federal Aviation Administration oftbe awlic:.s.tian.
Our pur: Prepamioo of,FAR Part 158 information and the appliC3!ion for RlUtbOriZing the use of
Pusenger Facility Char~c proceeds to fund tho oosts of the New Terminal Buildiog Coxnple.x.
, Attendance at the nwuiatory airline CCI'WUltatlcm m.eeting and coordinarlcin ..vith thg F~~
AviationA~on
Professional Semte5 Fee
1bc prcpoied professional SCltVice fee for the &ervices described abo-le is a fiX!d fee in the
emOllnt ofS 23,170. Tha table below shoW31he csl~lumon afthi6 sum.
Task
12
Il8
~
5 '4744
SIJ 16
4 4
.
J
~ Airport M~~t Cansulting Grwp
10'''1.,'......., rrTTTT 1C'1..fA """T"""'l1'/'MI"" ............ ____.. ~__
FRO~ AUGUSTA REGIONAL AIRPORT
PHONE NO.
706 7981551
Oct. 31 2002 03:10PM P5
~ .
. Mr. KennethJ. Kn.emer. AAE
Augusta Regional Airport
. October 31, 2002
Page 4
Tho pr0fe3sional scmceJ fee was oal.au1atcd assuming iIli,threc sm.:ndm.eatlapplioations are cloM
concurrently. If they arc done sepe.l'l!t\'ly, the individual cost of each amendment/application
professional servicea would be l~% hieher' and the expeniC'for each amendment/application
'. would be equ.a.1 to the oxpCtlSCi shown abo\'c for all three documents. Further, iT assumes four
houn of coordination with Airport ITJan28c:mcnt 8.I1d Commission-coordination In cxc:~s of fonr
hours \\'OUld be in\<Oicc in addition to the sum above.
, "
.
,
.
,
This letter c.im serve as both the Passenger Facility Chsrge update task authorization and
. nolice to proceed by hAving a duly aUthorized official sisn in the space provided below
'andrerormng one copy to me. '
Sincerely,
-~.
." "0,'
Michael G. Moroney
Principal .
By.
1 '
Title:
Date:
(jet ~I Z~<
J
~ Airpon Management Consulting Group
10/31/02 THU 12:44 [TX/RX NO i4ii] 141005
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WORK AUTHORIZATION NUM:BER THREE
GENERAL ADVISORY AIRPORT CONSULTING. SERVICES
AUGUSTA REGIONAL AIRPORT
TASK: ANALYSIS TO DEVELOP AIRCRAFT STORAGE HANGAR RENTAL
RATES
", J
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, Black & Veatch will prepare an analysis to determine defendable hangar rental rates
based on industry standard methodologies for Hangars One and Two. Factors to be
considered in the ,analysis will include, but :r;nay not be limited to, direct and allocated
construction costs (including the allocated costs of bringing utilities and access to the
construction site); assum~tions regarding OCcupancy rates; assumptions regarding mix of .
air~raft to be hangared; and, assumptions regarding rate of return on investment.
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The analysis will include up to two sensitivity alternatives to determine the level of the' '
Commission's flexibility in establishing rental rates that will generate an appropriate
return on its irivestrnentsin Hangar Two while recognizing the significant difference in
, . product quality between Hangar Two' and Hangar One. The analysis will also consider
the data collected by .Airport management with respect to hangar rental rates in place at
other competing airports.
Black & Veatch will also make recommendations regarding minimum lease terms and
methods for adjusting hangar rental rates over the lease terms.
Task Output: Letter report with reCOmmended rental rates for Hangar One and Hangar
' ,
' ' .
Two.
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Work Authorization - Hangar Rental Analysis
Augusta Regional Airport
Page 2
PROFESSIONAL SERVICES FEE'
Th~ proposed professi.onal service fee for the Hangar Rental Analysis described above is
a fixed fee of$1,300.
AGREED TO AND ACCEPTED:
Date
AUGUSTA AVIATION C011MJSSION
~~.;1~ 'By
'~'
9 /;c/02-
/ /
ATTEST:
Title '
Date
BLACK & VEATCH
By..?q2- ~-
Title b.~ ~
Date 9 J I () } {)"2-:
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WORK AUTHORIZATION NUMBER FOUR
GENERAL ADVISORY AIRPORT CONSULTING SERVICES
AUGUSTA REGIONAL AIRPORT.
TASK: DBEPROGRAMPLAN
Prepare a DBE Program Plan in accordance with Phase I and II of the attached scope of
services.
The professional service fee for the preparation of the DBE Plan (phases I and ~ below)
. is a fIxed fee in the amount of $69,942.
AGREED TO AND ACCEPTED:
AUGUSTA AVIATION COMMISSION ATTEST:
~~f~~#~' By
qr;itle ..~ Title
Date, Cj!t5/(J~"
, , I
Date
BLACK & VEATCH CORPORATION
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, By .~
Title
Date
.
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Disadvantaged Business Enterprise Program
Scope and Budget
PHASE I
, ,
' * CONDUCT A STUDY TO DETERMINE THE NUMBER AND AVAILABIUTY OF READY, WILLING ..'
AND ABLE DBE AND/OR POTENTIAL DBE FIRMS IN THE AUGUSTA-RICHMOND COUNTY
AREA THAT CAN PERFORM THE TASKS REQUIRED FOR AUGUSTA REGIONAL AIRPORT'S
AlPs:' ,
1) PREPARE A DBE DIRECTORY OF THAT DBE & POTENTIAL DBE POPULATION BY
NAICS CODE/TRADE CATEGORY. '
.2) MATCH THE AIRPORT'S AlP TRADE CATEGORY NEEDS AGAiNST THE DBE
. DIRECTORY. '
, 3) IDENTIFY THE CATEGORIES THAT INDICATE "OVER-CONCENTRATION" AND'THOSE
THAT INDICATE "UNDER-CONCENTRATION". " ,
4) CONDUCT AN OUTREACH EFFORT TO IDENTIFY, RECRUIT AND CERTIFY' A'
'MINIMUM OF ONE HUNDRED (100) TOTAL PROFESSIONAL SERVICE, SPECIALTY
TRADE AND POTENTiAL DBE PRIME CONTRACTORS.
5) UPDATE THE DBE DIRECTORY PER ITEM (4) ABOVE.
DURATION:'
, 8-01-02 THRU 10-31-02
COST: .'
$30,000.00 .
PHASE II, .
1) PREPARE 'A DBE PROGRAM PLAN FOR AUGUSTA REGIONAL AIRPORT IN,
ACCORDANCE WITH 49 CFR, PART 26 GUIDELINES.
DURATION:
11-01-02 THRU 11-30-02
$9,000.00
"
COST:
2) PREPARE A DBE GOAL SETTING METHODOLOGY AND AN FY 2003 DBE'
OVERALL DBE GOAL FOR AUGUST A REGIONAL A/RPORT,/N ACCORDANCE WITH .
" 49 CFR, PART 26 GUIDELINES.
DURATION:
11-01~02 THRU 12-13-02
, ,
.,
.
.1,
COST:
$6,750.00
3) PREPARE A DBE PROGRAM POLICY AND PROCEDURES MANUAL THAT TIES THE"
DBE PROGRAM WITH THE AIRPORT'S OR COUNTY'S EXISTING PURCHASING
. GUIDELINES.
, DURATION:
COST:
11-01-02 THRU 03-31-03
$6,000.00
4) PREPARE A DBE CONCESSIONS PROGRAM FOR AUGUSTA REGIONAL AIRPORT
PER49 CFR, PART 23 & 26 GUIDELINES.
, DURATION:
- COST:
9-01-02 THRU 11-30-02
$6,000.00
OVERALL PROJECT DURATION: EIGHT MONTHS -- NOTE: THE PROJECT SCHEULE WILL
BE APPROPRIATELY REVISED UPON RECIEPT OF A NOTICE TO PROCEED..
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.
PROJECT BUDGET
PHASE I
PHASE II (1)
(2)
(3)
(4)
$30,000
9,000
6,750
6,000
6.000
$57,750
8,000 TRAVEL (8 MOS.)
2,400 SUBCONTRACT ADMINIST-RATJON (8
MOS )*
TOTAL FIXED FEE
**
1.792 DUE DILIGENCE
$69,942
* This assignment Will be performed by Riverview Consultants, Inc under a subcontract
from Black & Veatch. Under the t~rms of the General Advisory Consulting
Agreement Black & Veatch has certain subcontract administration requirements for
which compensation is necessary. Subcontract Administration includes compensation
' for time required for subcontractor invoice reviews and verifications, and processing
and preparation of documentation and invoicing for the Commission and processing
payment to the subcontractor. ' The compensation is based upon Black & Veatch's
estimated number of hour required to administer and process subcontract payments
based upon an eight month period of performance.
,** Due diligence review and monitoring of subcontractor performance is necessitated by
Section ~-Subcontracts in the General Advisory Airport Consulting Agreement.
.. !
WORK AUTHORIZATION NUMBER FIVE
GENERAL ADVISORY AIRPORT CONSULTING SERVICES.
AUGUSTA REGIONAL AIRPORT
., TASK: PREPARE PRE-APPLICATION AND APPLICATION,FOR FEDERAL GRANTS-IN-AID
Black & Veatch will prepare grant pre-applications or applications for the following:
· Federal Aviation Administration tenninal site evaluation and verification
· Terminal building categorical exclusion from ~nvironmental process analysis
· Terminal concept plan
· Terminal Environmental Assessment
Task Output:
Completed Federal Aviation Administration Pre-application and Application forms.
" PROFESSIONAL SERVICES FEE
The proposed profession!li service fee for the services descnoed above is a fixed f~einthe amount of
$17,280.
AGREED TO AND ACCEPTED:
... ATTEST: '
By
Title
Date
Date
BLACK & YEA TCH
::e~
Date 8' /~ -V/O 2-
I - 7
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WORK AUTHORIZATION NUMBER SIX
GENERAL ADVISORY AIRPORT CONSULTING SERVICES
AUGUSTA REGIONAL AIRPORT
TASK: FINANCIAL MANAGEMENT, FRAMEWORK AND AIRLINE
RELATIONSHIP
TASK 6.1
COST CENTER REFINEMENT
We will review the Airpqrt's existing 'cost center definitions and will work ~th Airport
management and the Commission to determine modifications that may be ne,cessary or ,
appropriate to meet the objectivesand goals of the Commission for the Airport. We will
review the current accounting system output relative to cost centers.
Task Output: A letter report outlining the recommended directand indirect cost centers ,"
with their respective definitions and a recommended basis for allocating
indirect costs to the direct cost centers.
TASK 6.2 DEVELOP COST CENTER PROFIT AND LOSS STATEMENTS
,We will identify the data relevant to creation of cost center profit and loss statements.
We will, assist Airport management in working with the County's accounting systems
personnel to establish the necessary accounting' protocols to SUpport such cost center
" profit and loss statements.
Task Output: A template for direct cost center l?rofit and loss statements.
TASK6.3 . FINANCIALMODEL
, We will develop a spreadsheet-based financial model that will permit analysis of the
" Airport's'capital improvement plan and relate~ financing alternatives, and at the
'..
Work Authorization - Financial Management, Framework and Airline Relationship
Augusta Regional Airport Page 2,'
appropriate time can be modified to penmt analysis of alternative airline rate making'
, " m~thodologies." The model will include:
> Historical and projected air traffic activity, "
> Historical and projected Airport revenues and expenses
> Capital Program funding requirements
> Required airline revenue
> Proj ected airline rates and charge'S , (at such time as the model is modified to '
include this feature)
> Projected Application of Revenues analysis to show the sources and uses of
Airport funds.
The model will permit,"what if' analyses of alternative'phasing of capital projects,
alternative funding assumptions, alternative growth rate assumptions with respect to air .'.
traffic, revenues and expenses.
'Task Output: ,Spreadsheet-based fmancial model
'TASK 6.4
DEFINE AIRPORT FUND STRUCTURE '
We will work with the Commission, Airport management arid others to determine a
' ,
. . ,"
,suitable fund structure for the Airport. The fund structure will provide for accountiIigof
. '. .
Airport revenues and the obligations 'against those revenues. The fQnd structure will .
,', depict and accommodate the degrees of "claim" a given fund has agmnstthe Airport
' ,
revenues.
Task Output: A graphical depiction of the recommended Airport Fund structure together'
with a written statement as to the purpose of each depicted Fund purpose, "
and priority claim against revenues.
, '
.,
Work Authorization - Financial Management, Framework and Airline Relationship
Augusta Regional Airport Page 3
TASK 6.5 ,DEVELOPMENT OF AIRLINE RATES AND CHARGES
METHODOLOGY
, We will refine the financial model described previously to permit analysis of alternative
airline rate making methodologies in order to determine the particular formula that will
accomplish the Commission's goals with respect to:
~ . Allocation of financial risk
~ Amount of discretionary cash flow available forfunding Airport development
~ Accumulation of surpluses
,~ Degree of control over capital investment deCisions
~ Degree of control over space reallocations
. ~ Allocation of indirect costs
~ Incentives to manage the Airport as a commercial enterprise. ,
Financial goals and objectives to be considered in the development of~e rate making
,methodology may (for example) be to:
~ Provide for full cost recovery
~ Obtain adequate discretionary cash flow
, ~ Provide for a management incentive fee
~ Provide financial incentives for revenue development
~Provide a mechanism for Commission-illitiated entrepreneurial activities
~ Balance the, need for eqUity among the airlines and avoid penalizing smaller.
airlines, new entrant airlines, and low air,fare airlines.
Task Output: A letter report describing the components of the airline rate making,
methodology as developed in the refined financial model.
I .."
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Work Authorization -Financial Management, Framework and Airline Relationship
Augusta Regional Airport Page 4
PROFESSIONAL SERVICES FEE
The proposed professional serVices fee for the services described above is presented'
below. The services would be provided on a fixed fee basis;
Nature of Service
Financial Management
Financial Framework
Airline Rates and Charges
Methodology
Task Numbers
6.1,6.2,6.3
6.4
6.5
Professional
,'Services Fixed Fee
$57,000 '
$45,600
$64.700
Total:
$167,300 ,
" .'
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AGREED TO AND ACCEPTED:
AUGUS
cfBY
Title CJpl ~"
AVIATION COMMISSION
_if~
ATTEST:
.By
Title
Date Cf Il'o/lJ:J-
I I
Date
BLACk & VEATCH
Title
, By:
Date
.,
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WORK AUTHORIZATION NUMBER SEVEN
GENERAL ADVISORY AIRPORT CONSULTING SERVICES
AUGUSTA REGIONAL AIRPORT
, . .
, "
TASK 7.7 . DEVELOP BUSINESS PLAN FOR AVIATION SERVICES'
We will deyelop a business plan for the Aviation Services enterprise of the Airport. The
business plan will include the follo'Ying:
> Business Goals -- defInition of the goals, objectives and entrepreneurial
character of the Aviation Services Enterprise for the five-year future
> . Organization Plan - defInition of the organizational and resource requirements '
of the Aviation Services Enterprise
> Marketing Plan-identification of preliminary marketing issu~s and strategies .
.> .. Business Development Plan - identification. of the elements. and information
., that must be developed to recruit additional custo~ers to the ~ort' s
Aviation Services Enterprise activities.. '
. > Financial Plan - preparation of an Aviation Services Enterprise profit and loss '
statement. Project activity levels, operating expenses, revenues and net
revenues for.a five-year projection period.
> Operations and Management Plan - defme the Aviation Services Enterprise. '
operating plan (including staffing plan, outsourcing policy, and acceptable,
"level of oper~ting expenses)
Task Output: The Aviation Services Enterprise Business Plan will be memorialized in a
report to the Commission.
.,' .
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Work Authorization - Property Management
Augusta Regional Airport
PROFESSIONAL SERVICES FEE
Page 2 '
The proposed professional services fee for the services described above is presented
below; The tasks would be completed on a fixed fee basis.
Nature of Service .
, Task
Numbers
Aviation Services Business Plan 7.7'
Total
AGREED TO AND ACCEPTED:
. AUGUSTA A VIA nON COMMISSION ATTEST:
.cfBY ~~,~~. By
... Title ~., Title
, Date
q I Lolo'J-
Date
" BLACK & VEATCH
By :
, . Title
Date q /7-f6/P~
Professional
Services Fixed Fee
$44,000
'"
Exhibit B
Status of Work Authorizations
Augusta Aviation Commission
Project Status as of August 31, 2005
Task Project-
No. Descriotion To-Date Remaininq
Budqet
2 PFC Application - Work Auth #2 Complete
2B PFC Application - Work Auth #2B Complete
6 Financial Plan - Work Auth #6 Complete
8 Series 2004 Feasibility Report -
Work Auth #2B Complete
9 Airline Rate Ordinance & Operating
Agreement - Work Auth #7B Complete
10 Revenue Bond Financing Program -
Work Auths #11 & 11 B Complete
11 General Advisory Services $ 123,220.00 $ 48,441.85 $ 74,778,15
12 Not Authorized
13 Federal Legislative Representation $ 60,000.00 $ 16.900.00 $ 43,100.00
Total Remaining 9/1/05 $ 183.220.00 $ 65.341,85 $ 117.878.15