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56 Guidebook for Developing and Managing Airport Contracts
See CRP-CD-81 (enclosed herein), Appendix to Chapter 7, Professional Services, for excerpts
from the CHS Consultant Agreement for example of provisions regarding assignment.
7.1.13 Place of Work
The contract should state where the work is to be performed--whether at the contractor's
offices or at the airport if the airport is providing work space.
7.1.14 Termination Provisions
The contract should clearly provide conditions and terms for termination by both parties. It
is especially critical that any provision for termination with cause be as detailed as possible to
ensure such action is defensible against protest or civil suit.
See CRP-CD-81 (enclosed herein), Appendix to Chapter 7, Professional Services, for excerpts
from the CHS Consultant Agreement and the LAS Mystery Shopper Agreement for example of
provisions regarding the rights of termination.
7.2 Selection Process
The selection of firms to provide professional services is often accomplished through the
RFP/RFQ process to ensure the selection of experienced, qualified providers. Selection of archi-
tects and engineers for projects that will be funded through federal grants must be done through
an RFQ process. Cost may not be a factor for selection.
The Scope of Services is the key contract element defining the services to be provided. Typically,
the scope of services is found in Exhibit A of professional services contracts because the language
is customized for each type of service whereas the rest of the contract may contain standardized
provisions. Exhibit A may also contain the schedule for services to be performed and should also
list any deliverables to be provided under the contract. Exhibit B typically contains the terms of
compensation and may detail a list of staff or positions performing the services and their respec-
tive hourly labor rates. The total compensation may contain a not-to-exceed amount. In some
cases, compensation may be based on a cost- plus fixed-fee basis where the service provider is
compensated for the cost of services provided plus a fixed-fee amount.
Another consideration commonly factored into professional services contracts is the owner-
ship of the work product and use of the work product. From the airport's perspective, the airport
should stipulate that it is the owner of the work product.
Airports establishing good relationships with professional services firms may add tasks or ser-
vices to the Scope of Services defined in the contract. It may be useful to have a provision to enable
the airport to request additional services and have a mechanism to determine the appropriate
compensation for additional services.
