HomeMy WebLinkAboutGeneral Advisary Airport Consulting Agreement
Augusta Richmond GA
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY ATTORNEY
LEE BFJ\RD
TOMMY BOYLF..5
ULMER BRIDGES
ANDY CIlEEK
BORBY G. HANKERSON
WILLIAM B. KUIILKE, .JR.
WM. "WILLIE" H. I\1A YS, III
STEPIIEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P.O. Box2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus. (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@co.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
RICHARD L. COLCLOUGH
Mayor Pro Tem
September 12,2002
Ms. Lena Bonner
Clerk, Commission
8th Floor; City-County Bldg.
Augusta, GA 30911
RE: General Advisory Airport Consulting Agreement with
Black & Veatch
Our File No. AR-61-038
Dear Lena:
I enclose herewith one fully executed copy of the original agreement between
Black & Veatch Corporation and the Augusta Aviation Commission for consulting services at
Augusta Regional Airport at Bush Field. Please include this in the City's permanent records.
By carbon copy of this letter I am forwarding a duplicate original to Ken
Kraemer. I have also forwarded a fully executed original to Mike Moroney at Black & Veatch.
With best personal regards, I an1
ry truly,
JBW/sjp
Enclosure
Cc.: Mr. Ken Kraemer
Ms. Eve Crawley
.:i
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 ~~ ~o, da>~ by and between BLACK &
VEATCH CORPORATION, hereinafter referred to as CONSULTANT and AUGUSTA
AVIATION COMMISSION, an instrumentality of Augusta, Georgia, hereinafter referred to
as OWNER,
WITNESSETH THAT:
WHEREAS, the OWNER has established 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 the 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
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 financial 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.
CONSUL T ANT 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.
CONSUL T ANT 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. COMPENSA TION
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. METHOD OF PAYMENT
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
CONSULTANT, 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 of law, 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 performance 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 firms, 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 CONSULT ANT. 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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necessary to carry out the scope of services.
CONSUL T ANT shall have no liability for defects in the serVIces attributable to
CONSULTANT'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 findings. To
expedite such coordination and communications, the OWNER designates the Executive
Director of the airport as its representative who together with its Project Management Team,
the CONSULTANT shall direct all correspondence, progress reports, requests for information
or assistance, and other materials.
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
CONSUL T ANT represents that it has, or will obtain at its own expense, all persOlmel 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
subcontractors, if any, and all personnel engaged in such services shall be properly qualified
and authorized under applicable State and local laws to perform such services.
13. NO HIRE
CONSUL T ANT 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 CONSUL T ANT.
15. PROFESSION SERVICES
CONSUL T ANT 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 tIns 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 (l0) 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 641 l4
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
CONSULTANT 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, expenence, and resources
satisfactory to the OWNER to ensure that such successor shall be fully capable of performing
the services required hereunder.
22. NO THIRD-PARTY 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.
CONSUL T ANT 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 adve11ising, 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 REGULATIONS.
(c) Solicitations for Subcontracts, Including Procurements of Materials ami Equipment:
In all solicitations either by competitive bidding or negotiations by CONSULTANT
for work to be performed under any subcontract, including procurements of materials or
leases or equipment, each potential subcontractor or supplier shall be notified by
CONSUL T ANT of CONSULTANT's obligations under this AGREEMENT and the
REGULA TIONS 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: CONSUL T ANT certifies, by execution of
this AGREEMENT, that neither it nor any of its principals is presently debarred,
suspended, proposed for debamlent, 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.
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(e) Information ami Reports: CONSULTANT 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 infonnation 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
CONSUL T ANT 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 REGULA nONS or directives issued pursuant
thereto. CONSUL T ANT 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
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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
CONSUL T ANT 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 final 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
performed under this AGREEMENT shall be construed as a waiver of any rights under this
AGREEMENT.
27. APPLICABLE LAWS
CONSUL T ANT 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
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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 injury 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 CONSULTANT.
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33. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
Tills 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. CONSUL T ANT agrees to take all necessary and reasonable steps to
ensure that DBEs have opportunities to compete for and perform any subcontracts under this
AGREEMENT. CONSUL T ANT further agrees that it will not discriminate on the basis of
race, color, national origin, or sex in connection with the award or performance 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
CONSUL T ANT 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. 9 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.
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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:
AUGUSTA AVIATION COMMISSION:
~BY ~$; 7I~
~
Title: l ~
Date: q /0 t:J ~
By:
Title:
Date:
ATTEST: AUGUS
BYtih;;~4f/{) , q;Jy
Title:~i;~ Title:
Date: '0 '0 Date:
~1l1rll
ct/lt1 6"2-'
APPROVED AS TO FORM:
By:
ATTEST:
BLACK & VEATCH CORPORATION:
By: 4 c~
Title:~~o!.J ~.Jtr-
Date: ~I z.. ., I 0 ~
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August 20, 2002
EXHIBIT A
COMPENSATION PROVISIONS
This is an exhibit attached to and made a part of the AGREEMENT between the
OWNER and the CONSULT ANT for professional consulting services.
The OWNER agrees to compensate the CONSULTANT for services performed 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 Work Authorization. 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"
anlOlmt, 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. Hourly 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
Michael G. Moroney
Max Murdoch
$170
$224
$177
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~
Daniel C. Orcutt $165
Jolm Pfeifer $170
Lisa J Stanton $177
Corey Wi lliams $224
Senior Consultant $120 - 180
Douglas K. Adams $]44
Grant B. Olsen $]50
Consultants $90 - 135
Diana Hopkins $115
Lisa A. Ryan $ 90
Project Analysts $50 - 105
Graphic Designers/Planning
Technicians/Editors $50 - ] 05
Administrators
$40 - 85
Technology Charge (Computer usage)
$10.00
3. Lump Sum
For work that can be defined and delineated in advance, payment to the
CONSUL T ANT 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-negotiation, 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.
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