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Agreement with Consultant, Coffman Associates attached 05/17/01 JR
ORDINANCE NO ,a V
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AN
AIRPORT PROJECT PARTICIPATION AGREEMENT BETWEEN THE CITY OF
DENTON AND THE STATE OF TEXAS, ACTING THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR FINANCIAL
ASSISTANCE TO THE DENTON MUNICIPAL AIRPORT FOR
DESIGN/ENGINEERING COSTS, AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Pursuant to Council Resolution No R2000-035 the City Manager or
his designee was authorized to enter into all contracts with the State of Texas, acting
through the Texas Department of Transportation ("TxDOT") necessary for financial
assistance for the Denton Municipal Airport Master Plan (the "Project'), and
WHEREAS, TxDOT has presented to the City an Airport Project Participation
Agreement which provides for federal funds for design/engmeenng costs associated with
the Project, a copy of which is attached hereto and made apart hereof by reference (the
"Participation Agreement'), and
WHEREAS, the City Council finds that the Participation Agreement is in the
public interest, NOW, THEREFOR,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The City Manager or his designee is hereby authorized to enter
into the Participation Agreement on behalf of the City of Denton
SECTION 2 The expenditure of funds as set forth in the Participation
Agreement is hereby authorized
SECTION 3 This ordinance shall become effective immediately upon its
passage and approval
PASSED AND APPROVED this the day of 2001
EULINE BROCK, MAYOR
ATTEST
JET
ER
ALTER
BY hW /C� STY/ARY
APPROVED AS TO LE L FORM
THFRAFRT L-.-A0U CITY ATTORNEY
0
S \Our Documents\Ordmences\Ot\TxDot Airport Participation doc
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Contract No 13WA002
TxDOT CSJNo 0118DNTON
TxDOT Project No AP AMP DENTON
Part I - Identification of the Project
TO The City of Denton, Tares
FROM The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered mto by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and the City of Denton, Texas, (hereinafter referred to as the "Sponsor")
This Grant Agreement is entered into between the State and Sponsor shown above, under
the authority granted and in compliance with the provisions of Title 49 United States Code,
Section 47101 et seq , and under V T C A. Transportation Code, Title 3, Chapters 21-22, et seq
(Vernon and Vernon Supp)
The project is described as follows update airport master plan at the Denton Municipal
Airport
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with the project described above
The parties, by tins Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the United
States
Pursuant to and for the purpose of carrying out the provisions of Title 49 U S C , and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as
provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and conditions provided, THE
TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE
UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER
REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States
share of the allowable coats incurred in accomplishing the project, mnety percentum of all
allowable project costs Tins grant is made on and subject to the following terms and conditions
Page 1 of 26
Part H - Offer of Financial Assistance
The allowable costs of the project shall not include any costs determined by the State to be
meligible for consideration as to silowabflity under Title 49 US C , the V T CA
Transportation Code, Title 3, Chapters 21-22, et seq , (Vernon and Vernon Supp), and the
Anport Zoning Act, Tex Loc Govt Code Ann §§ 241 001 et seq (Vernon and Vernon
Supp)
2 It is estimated that design/engineemg project costs will be approximately $165,150 00
(Amount A) It is further estimated that approximately $165,150 00 (Amount B) of the
project costs will be eligible for federal financial assistance, and that federal financial
assistance will be for ninety percent (90%) of the eligible project costs Final
determination of federal eligibility of total project costs will be determined by the State in
accordance with federal guidelines following completion of project
In the event that federal funds are unavailable, this Agreement shall automatically be
voided and become of no force and effect, except that unexpended or unencumbered
moneys actually deposited by the Sponsor and held with the State for project purposes
shall be returned to the Sponsor
The maximum obligation of the United States payable under this offer shall be
$148,635 00 (Amount C)
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of tlus agreement It is the intent of the
State to provide funding to complete the approved work items of this grant and not to
amend the scope of work to include items outside of the current determined needs of this
project Scope of work may be amended as necessary to fulfill the unforeseen needs of
this specific development project within the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds
4 It is estimated that the Sponsoes share of the total project costs will be $16,515 00
(Amount D) The Sponsor specifically agrees that it shall pay any project costs, winch
exceed the sum of the federal share (Amount C)
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor winch are in excess of the federal percentage of
financial participation as stated in Part II-2 The State shall refund to the Sponsor, at the
financial closure of the project, any excess funds provided by the Sponsor
It is mutually understood and agreed that if, during the life of the project, the State
determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or
five (501*) percent, whichever is greater, the grant amount can be unilaterally reduced by
letter from the State advising of the budget change and a refund of the sponsor share of
the reduction will be done Conversely, if there is an overrun in the eligible project costs,
the State may increase the grant to cover the amount of overrun not to exceed the
Page 2 of 26
statutory fifteen (15%) percent limitation, and will advise the Sponsor by letter of the
increase Upon receipt of the aforementioned letter, the maximum obligation of the
United States is adjusted to the amount specified and the Sponsor will ramt their share of the
increased stint amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission The State will not authorize expenditures in excess of the
dollar amounts identified in this Agreement and any amendments, without the consent of
the Sponsor
Payment of the United States share of the allowable project costs will be made in
accordance with the provisions of such regulations and procedures as the State and the
FAA, shall prescribe Final determination of the United States share will be based upon
the final audit of the total amount of allowable project costs and settlement will be made
for any upward or downward adjustments to the Federal share of costs
6 Sponsots share of project costs (Amount D) shall be paid initially in cash when requested
by the State At project closeout, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor's share
7 Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs The Sponsor grants to
the State and federal government the right, upon advance written request during
reasonable and regular business hours, to audit any books and records of the Sponsor to
verify said funds In addition, the Sponsor shall disclose the source of all funds for the
project and its ability to finance and operate the project
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State State
may request the Sponsor's financial obligation in partial payments Should the Sponsor fad
to pay the obligation, either in whole or in part, within 30 days of written demand, the
State may exercise its rights under Part V-7 Likewise, should the State be unwilling or
unable to pay its obligation in a timely manner, the failure to pay shall be considered a
breach and the Sponsor may exercise any rights and remedies it has at law or equity
Expenditures for eligible project costs for the above project made by the State or the
Sponsor prior to the award of a federal grant for the project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made from Sponsor funds
PART M - Sponsor Responsibilities
In accepting the Agreement, the Sponsor guarantees that
a it will comply with the Attachment A, Certification of Airport Fund, attached and
Page 3 of 26
made a part of this Agreement, and
it will comply with the Attachment B, Certification of Project Fund, attached and
made a part of this Agreement, and
it will comply with the Attachment C, Airport Assurances (9/99XState Modified
9/99), attached and made a part of this Agreement, and
d it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant, and
e the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said unprovements, not to exceed 20
years, and
f consistent with safety and security requirements, it shall make the airport or au
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term of this Agreement, and
g it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products and
aerial applications The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids, and
h it shall not permit non -aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA, and
it shall not enter into any agreement nor permit any aircraft to gam direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport Further, Sponsor shall not allow aircraft direct
ground access to private property Sponsor shall be subject to tlus prohibition,
commonly known as a "through -the -fence operation," unless an exception is
granted in writing by the State due to extreme circumstances, and
it will acquire all property interests identified as needed for the purposes of this
Project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests,
and that airport property identified within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be pledged to airport use and shall
not be removed from such use without prior written approval of the State, and
Page 4 of 26
k the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested, and
all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory The
proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsoes system of aurport(s) or navigational facilrty(ites)
Sponsor shall not be required to pledge income received from the mineral estate to
airport use unless state and/or federal funds were used to acquire the mineral estate
of airport lands or any interests therein, and
In an Airport Fund shall be established by resolution, order or ordmance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from other
types of moneys identified in the fund as a whole All fees, charges, rents, and
money from any source derived from airport operations must be deposited in said
Airport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor All expenditures from the Airport Fund shall be
solely for airport or airport system purposes Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has complied with the requirements of this subparagraph,
and
the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise, and
insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in Tex Loc Govt Code Ann §§ 241 001 et
seq (Vernon and Vernon Supp) Sponsor shall also acquire and retain aviation
easements or other property interests in or rights to use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
impractical or will result in undue hardship to Sponsor Sponsor shall be ineligible
for a subsequent grant or loan by the State unless Sponsor has, prior to such
subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordmartce or order approved by the State, and
p it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project, and
q after reasonable notice, it will permit the State, the FAA, and any consultants and
contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated with
Page 5 of 26
this project, to enter private property for purposes necessary to this project, and
all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the
Sponsor A reproducible copy of such plan, and all subsequent modifications, shall
be Sled with the State for approval, and
it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in
any other manner in any project upon winch Federal and State funds have been
expended For the purposes of tins grant agreement, the term "funds" means
fimnds, however used or disbursed by the Sponsor or Agent that were originally
paid pursuant to this or any other grant agreement It shall obtain the approval of
the State as to any determination of the amount of such funds It shall return the
recovered share, including fiends recovered by settlement, order or judgment, to
the State It shall €urmsh to the State, upon request, all documents and records
pertaining to the determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds All settlements
or other final positions of the Sponsor, in court or otherwise, involving the
recovery of such funds shall be approved in advance by the State
2 The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon winch construction work is to be performed, or have acquired a leasehold
on such property for a term of not less than 20 years, prior to the advertisement for bids
for such construction or procurement of facilities that are part of the above project, and
within the tune frame of the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project
The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of the
Sponsor, the Sponsor's agents or employees performed under tlus agreement The
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all expenses, including attorney fees
which might be incurred by the State in litigation or otherwise resisting the chum or
liabilities which might be unposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees
The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of taus instrument by the Sponsor, and the
Agreement shall comprise a contract, constituting the obligations and rights of the State of
Texas and the Sponsor with respect to the accomplishment of the project and the
operation and maintenance of the airport Such Agreement shall become effective upon
execution of this instrument and shall remain in full force and effect for a period of at least
20 years
Sponsor agrees to name an individual, as the Sponsor's Authorized Representative, who
shall be the State's contact with regard to tins project, and winch individual shall have the
authority to make approvals and disapprovals as required on behalf of the Sponsor
Page 6 of 26
6 Sponsor agrees to name at least three individuals, as the Sponsor's Consultant Selection
Committee, to represent the Sponsor in the selection of engineering and/or planning
consultants, and to name a chairperson of the selection committee, and to provide a
suitable location for pre -bid and for pre -construction conferences, and for the submission
and opening of construction bids
7 The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U S C Sponsor agrees to assume responsibility for
operation of the facility in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives
before, during and after the completion of this project
8 The Sponsor shall have on file with the State a current and approved Attorneys Certificate
of Airport Property Interests and Exhibit A property map
9 The Sponsor shall have on file with the State, Attachment D, Certification Regarding
Drug -Free Workplace Requirements, attached and made part of this agreement
10 Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant The sponsor will include in
every contract a provision implementing this special condition
11 SPECIAL CONDITION Except for instrument landing systems acquired with AIP
Hinds and later donated to and accepted by the FAA, the Sponsor must provide for the
continuous operation and maintenance of any navigational aid funded under the AIP
during the useful life of the equipment The sponsor must check the facility, including
instrument landing systems, prior to commissioning to ensure it meets the operational
standards The Sponsor must also remove, relocate, or lower each obstruction on the
approach or provide for the adequate lighting or marking of the obstruction if any
aeronautical study conducted under FAR Part 77 determines that to be acceptable, and
mark and light the runway, as appropriate The Federal Aviation Administration will not
take over the ownership, operation, or maintenance of any sponsor -acquired equipment,
except for instrument landing systems
12 SPECIAL CONDITION For a project to replace or reconstruct pavement at the
airport, the Sponsor shall implement an effective airport pavement maintenance
management program as is required by Airport Sponsor Assurance Number 11 The
sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with Federal financial assistance at the airport As a minimum,
the program must conform to the provisions in Attachment E "Pavement Maintenance
Management Program", attached and made part of this agreement
Part IV- Nomination of the Agent
Page 7 of 26
The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either of
the parties for costs incurred
2 The State agrees to assume the responsibility to assure that all aspects of the grant are
done in compliance with all applicable state and federal requirements including any
statutes, rules, regulations, assurances, procedures or any other directives, except as
otherwise specifically provided
The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor The Sponsor grants the State a power of attorney to act as its
agent to perform the following services
Receiving Disbursing Agent
a apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U S C and congressional appropriation,
Paying Agent
receive, review, approve and process Sponsoes reunbursement requests for
approved project costs, and
pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsors share
receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts,
Contracting Agent:
e advertise for professional engineering and/or planning services for, but not limited
to, the preparation of planning studies, plans and specifications for the above
project and for the management of the construction of the above project, certify
consultant selection procedures, provide notification of contract award for
professional services, and negotiate professional services fees, and execute, on
behalf of the Sponsor, a professional services agreement as related to this project,
f administer Disadvantage Business Enterprises (DBE) and/or Histoncally
Underutilized Business (HUB) Programs in accordance with federal and state
regulations
Contract Management Agent:
g exercise such supervision and direction of the project work as the State reasonably
finds appropriate Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
aigilieer, contractor, or matenalman, the State shall issue a written order, which
shall prevail and be controlling,
Page 8 of 26
h coordinate and review project plans, specifications and construction, coordinate
and conduct progress and final inspections
PART V - Rentals
The State and the Sponsor shall obtain an audit as required by federal or state regulations
The Sponsor, and not the State, shall be the contractual party to sll construction and
professional service contracts entered into for the accomplishment of this project The
power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of
Agent, Is a limited power to perform acts in connection with airport improvegats as
specified in or necessitated by this Agreement
The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors Such items include, but are not limited to, bid bonds, payment bonds, and
performance bonds Pursuit and enforcement of contract items may require litigation and
other remedies of law
4 The United States and the State of Texas shall not be responsible or liable for damage to
property or mjury to persons which may anse from, or be incidental to, compliance with
tins grant agreement
This Agreement is executed for the sole benefit of the contracting parties and is not
Intended or executed for the direct or incidental benefit of any third party Furthermore,
the State shall not be a party to any other contract or commitment, winch the Sponsor
may enter into or assume, or have entered into or have assumed, in regard to the above
project
6 N the Sponsor fads to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part The notice of suspension
shall contain the following
a The reasons for the suspension and the corrective action necessary to lift the
suspension,
b A date by which the corrective action must be taken,
Notification that consideration will be given to terminating the grant after the
corrective action date
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination
7 Tins Agreement is subject to the applicable provisions of Title 49 U S C , the V T C A
Page 9 of 26
Transportation Code, Title 3, Chapters 21- 22, et seq , (Vernon and Vernon Supp ), and
the Airport Zoning Act, Tex Loc Govt Code Ann §§ 241 001 et seq (Vernon and
Vernon Supp ) Failure to comply with the terms of this Agreement or with the rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below
a Of primary importance to the State is compliance with the terms and conditions of
this Agreement If, however, after all reasonable attempts to require compliance
have faded, the State finds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of the
following remedies (1) require a refund of any money expended pursuant to the
Agreement, (2) deny Sponsoes future requests for aid, (3) request the Attorney
General to bring suit seeking reimbursement of any money expended on the project
pursuant to the Agreement, provided however, these remedies shall not limit the
States authority to enforce its rules, regulations or orders as otherwise provided
by law, (4) declare this Agreement null and void, or (5) any other remedy available
at law or in equity
Venue for resolution by a court of competent jurisdiction of any dispute ansing
under the terms of this Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties in Travis County,
Texas
The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably be denied
or delayed
This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties
10 All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§ 5 and 7
of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which
lawfully may be applied
11 The Sponsoes acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor This Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Title 49 US C , constituting the contractual obligations and rights of the United
States, the State of Texas and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided The Grant
Agreement shall become effective upon the State's written Notice to Proceed issued
following execution of this agreement
Page 10 of 26
Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the Agreement, and does accept the Offer, and agrees to all of the terms
and conditions of the Agreement
Executed this % day of , 2001
The City of Denton Texas
Sponsor
i ess Signature Signature
City Secretary Interim City Manager
Witness Title Title
Certificate of Sponsor's Attorney
t Ed Snyder , acting as attorney for City of Denton
Texas, do certify that I have fully examined the Agreement and the proceedings taken by the
Sponsor, and find that the manner of acceptance and execution, of the Agreement by the Sponsor,
is in accordance with the laws of the State of Texas
Dated at Denton Texas, this day g£!7 /'r'/L��, 2001
AirRort Manager
Witness Title
Signature
Page 11 of 26
Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission j
STATE OF TEXAS
TEXAS DEPARTMENT OFTRANSPORTATION
By cC�tri/2 d /i z�jiyvcC YGy2
Karon Wiedemann Director Grant Management
Aviation Division
Texas Department of Transportation
Date 3/0 K10
Page 12 of 26
ATTACHMENT A
OF AMPORT FUND
The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all
fees, charges, rents, and money from any source derived from airport operations will be deposited
for the benefit of the Airport Fund and will not be diverted for other general revenue fund
expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will
be solely for airport purposes Such find may be an account as part of another fund, but must be
accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the
account are discernible from other types of moneys identified in the hind as a whole
The City of Denton, Texas
(Sponsor)
By
Title ACM, Finance
Date April 17, 2001
Page 13 of 26
ATTACIiMENT B
CERTIFICATION OF PROJECT FUNDS
TxDOT Contract No 1=A002
TxDOT CSJNo 0118DNTON
The Sponsor does certify that sufficient funds to meet the Sponsors share of project costs as
identified in the Airport Project Participation Agreement for said project will be available in
accordance with the schedule shown below
SPONSOR FUNDS
C 0. Bonds $12,000 10-20-2001
General Fund 4,6010-1-ZUUI
t�
The Sponsor, has caused this to be duly executed in its name, this _L day of VK A
2001
By —flu IK2osL
Title ACM, Finance
Page 14 of 26
ATTACHMENT C PART V ASSURANCES
Airport Sponsors
A. (wneraL
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noise compatibility program graft fw airport sponsors.
2 Three usuramaare rapriraltobesuhmdtedupod oftheproject Airport Project participation Agreement (Immina8er
rotmidto u "APPA') y spavm reQwRiogauds under the prowwm of TNe 49, US C, sulft VII, amen" Amused
hando,*Aterm"pubSoagaoyspoma" memo apublic agency with control ofapubllo- wimpart,thetamWvasespamar"
remains; a private miner of a pubtlo-uw airport, and the tam "sparer" helnndn bath pub8a+gmoy spomas and private
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1 Airport devloprent or Nall" Comps dli ft Program Projects Undatdbw by a Pubbe; Agency Spurner The tame,
conditions and@ara=ofdw pug sa matdellremasinInBillfarcerode86dthroug6aatheuse&tlifetitheftdhba
developed at equipment aaquitadAumom import development arose rompablxldy program project, orthroughomthe misfit
lift ofdw project kimus installed within a ftoioty, under a notes coagWrbddy program project, but in any wad not to emceed
twenty (20)4mm Smmde data of accept&= of a yard offer of Federal Am& for the project However, there dull be an limit
onthe duration oftbe ass uanoa regarding Exclol" Rnglds and Airport Revenue w long a the airport is used a maupost.
Tbae roll be no link an dw duration ofthe tame, couddlau, and ararmra with romped to real property aoquird wish
bderl Biondi. Pudlname%&a dursUon ofthe Civil Rights assurance doll be specified In the awrsrrca.
L Ah7o"vff opmadwKobeCampooftProjecbUndestlwyaPrivateSpmwrTheFrooedmgparagraphI
aYo Waplwbsparraraaepttluttlause8nlE6ofpmjaditmnsrWiedwstlrmafiaildya0uwe&Illfeofthe
devdoped a aryipmad soquntrd unnda m airpert developmad a robe oanplibdity programprojed dull be nor lea
Morten (10)yon Boom dw date ofsooaplaee ofFedurd aid for the project.
3 Airport Planning Undertalaa by a Sparer. Unless otherwise specified in dw gram agreanad, only Aaursmas 1, 2, 3. 5,
6, 13,18.30, 32.33, sod 34 in sodion C apply to planning prgeda. Toe tama, conditions, cad swruew ofdw grant
agreement" remain infill, Man; and egad during do life of the prgjed.
C. Sponsor Cn"csdm The epooa hereby seam and certifies, with raped to Ws gram floes.
L General Fed" Ro%Wmmsts, R will comply with all applicable Federal laws, rogulanae, executive orders, pelicans,
guWolinem, ad ro,*d mwmms a *myreWe to the project, acceptance and uw ofFodaal Auds for dis projed Including last not
lhmhed to Me Mw*i 4F
Felon I.sasLgm
M. Title 49,U6C,atbtilleVD,aamemded.
h Davfa-BwmAct -40U6C.276(&�AM'
o Federal Fah Labor Bamdards Act -29 U8 C. 201, as wq
d Hams Ad-5U8C.1501,dwq'
G. Udftrm Rdoodm Assistance and Reg Property Aogooeidon Fohos Ad of19707"Ne 42 U S C. 4601,ot wo"
L National I idaric Preservation Ad of 1966 - Sedlon 106.16 U S C. 470(f)'
g. Mdedo" and Historic preservation Ad of1974- 16 U 8 C. 469 through 469a.'
L Native Americans Grave Repatriation Ad - 25 U 8 C Section 3001, g19B
L Clad Air Ac4PL90-148,asamended.
J Coadl Zone Mampmend Ad, P L 93.205, a amaded
L Flood Diss" Front" Act of 1973 - Section 102(a) - 42 U S C. 4012s.'
L Title 49,U8C,Sadim303,(grmorlylmowuonSednon4(1))
m RohaMlBlionAct d1973-29U8C.794
a. Civil RWOAct d1964-MV1-42U8C.2000d0in*d-4
o. Age DhandolimAdofVIS.42U9C.6101.Am
Is Amedom odic Religious Freedom Ad, P L 95-341, w amwded.
q Arahiodural Borders At* dl%8.42 U S C. 4131, 9Bgg.'
r Power plain maid lrtdu*W Feud Use Ad ofIM- Section 403.2 U 9 C. 8373'
L Counted Work Homo ad Soft RudabAct -40U9C.327,MMB.'
t Copeland AmBdokbarkAct -18U8C.874'
U. National bwkom=W policy Ad dl%9.42 U 8 C. 4321,1fggi
IF WiMand SoonbRivers Ad,PL90-542,usmanded
w Single Audit Act of1994.31USC.MI. AMg
x Drug-FroeWorkplace Act of1988-41USC.MIfirogo706
Rseoative Orden
EtaculM Order 11246 -Equd Empto3, o Opportunity'
Emea6" order 11990-Prdedion d Wdlmds
FaoronNve Order 11998 —Flood Plain MmorwAd
Executive Order 12372 - htargavairmadd Review ofFedal program.
Remain Order 1209-Seimdo Safely dPeda d and Federally Assisted New Building Construction'
Etewtdive Order 12898 - EwAmmmemal Justice
Page 15 of 26
Fed" Regulations
L 14 CFR Put 13 - Investigative aid Fnfarceno d Procedures.
b 14 CFR Part 16 - Rules of practice For Federally AmuW Airport Enfonasusurt Promedrngs.
a 14CFR Put 150- Airport now oampWbddyplumm&
d. 29 CFR Part 1- Procedures for pmddambubm of wage rates.'
a 29 CFR Put 3- Contractors and suboartradan on public building or pnbhc work 8nuwd in whole in part by
town awants A mtheL%kwSt",
f 29 CPR Part 5 -fisher standards provisions applicable to contracts covering federally warped out madded
ound uctio n (ales labor standards provision applicable to mo�mmutpn counters sublet to the Coedited Work
Hour and Safety Standards Ad)'
g 41 A Put 60. OHim of Pdaal Contract Compliance Programs, Equal Employment Opportunity, Department
bor
(Federal and Pderally auldd oeitradmg roquironsnb}'
It. 49 CM Part 18 -Uniform administrative requirements far grants and cooperative agreamerds to date end load
Scan
L 49 CFR Part 20- New restrictions on lobbying.
49 CFR Put 21 - Nmdboried Wlan in federally -as idad programs of the Department of Transportation -
effeoudlon of Title VI afore Civil Rights Ad of 1964
k 49 CFR Put 23 - Putlolpolim by Disadvantage BA Faderpue in Airport Concessions.
L 49 CFR Put 244A[fsm relocation mdance and rest property acquisition for Federal and federally awbld
is
M. 49 CPR Put 26—participation By DuadwAaged Rusmea Enterprises In Department of Transportation programs,
a 49 CFR Pad 27- NondWaudmhm on do been ofhardrcap In proginm aid a ativitim removing; or becoming
SamFWNW
l MMW auidn M'
a 49 CPR Pat 29— Government wide deMmsnd act suspamm(momiproomemeu) and government wide
requirements for dmg flroe wodnpdace &wdx}
p 49 CPR Part 30 - Denied ofpubho works contracts to suppliers of gods and samaa ofooumkim that deny
procurement market loom to U B contractors.
¢ 49CFRPart41 SebmlosapdyofFedoWuWfadaWlymutdargplatodmwbuddmgoomWaraa'
Omer of Management and Banat area4a
L A-87- Cat Primolpla Applicable to Oran and Contracts with BMW and I cal (bvammmtr.
b M133 - Audits afflicts, laid Oowermnertr, ad Non -Profit Organizations
(1) Those law+ do not apply to suport planning Nis
(2) These laws do ad apply to private spomaa
(3) 49 CPR Part 18 and OMB Circular A-87 cadein m"ka nents for State and Lod Governments
receiving Federal wridence. Any regatamd lewd upon RW anal foal Governments by66
regulation aid circular " also be applicable to pnvate spamras moavoog Federal assidow under
Title 49, Udted Ststes Code.
Specific ssm ram te*ikodto be Included In Smm agreements by w edOp above laws, regulations or moolm are
incorporated byzdlraaa arum grad agoamat.
2. Rapoodh0ltyand Andmillyofthe Sponsor
L Mile Agmcy 8pomor It bar legal authority to apply for the Bad, and to Science and arty out one p W=W
project, 69 a aeduliam, action in similar action has been duly adopted or pamd in an ofiioW act ofthe
appSaatln SovmshtSbody autlanrsIngthe Shmg ofthe APPA, including all mderdamdimgn and easuraoces
machined do in, and dmodmg and authorizing the pawn Westafied as the ofl5aal representative oftba applicant to
adIn connection withdoAPPAandtoprovdenufiaddnbmalufbrundu sasmayberequird.
b. PitAgelpomw Ithas legal sudsorky to apply Sirthe great send to finsece and carry outdo proposed project
and oasply wM alltems, ooidtliess, and aaurnm ofdw gad agreement. It shill dadgnte an anal
reWwmhdIveand doll Inwrtmgdnodud audience that person tofile doAPPA,Including all understandings
ad magmas contained thccan, to m is connection with this APPA, and to provide such additional infamabon
a may be respired.
A ppe 7=d AvaBabft it Ism sufficient Am& available for that pstem ofthe prgeat cam which m notto be laid by
On UAW grates. It as adfid dfimds available to maw operation and madsamoe of town lurid under the gad
agiamsnt which it will owns control.
4. Good TWO,
L M. a public agency atlp Federal government, holds god tine, audbotay, to the Secretary, to use lading are of
So airport or shedumofi or will give aauance audactory to the Seastary dad god title win be wquked.
b For amen compatibilityprogin projects to be anal out onto property o(dw sponsor, A boob Sendinte
sads$aloryto So Sooduyto tlW portion ofthe property upon which Federal goods will be expanded a will give
tsawmatothe Seminary dot god We will be obtained
L Preserving Rights and Power.
L N will not tdm or parod any action v4sich would operate to deprive it of any of the rights and powers nommany, to
paiam any or all ofthe tams, condition, and amuanoes in the gait apartment without the written approval of
the Secretary, and will not promptly to wepme, eadangush or modify any contending rights in claims oftight of
Page 16 of 26
others which would interim with such parfamuwe by the sponsor This dull be done in a mummer acceptable to
fie Smrduy,
b It will and end,bw, mmtmbrr, or othawm transfer or depose ofay, put of is title or otter moderate in the
papacy chow¢ an Exhibit Atothis APPAa. fir a none oontpatibility worm Prof, that portion ofthe popsty
upon which Federal Abed; haw been expended, fir the duraum dYbe term, oo dMas, and wurenca in the pet
apeemedWithout approvalbydoSecretary Ifdwtransfer" isbond bytheSecretary tobeeligible under Tide
49, United Slats Code, to worse the obligations ofthe pad apemont wed to haw the paver, authority, and
fnumdal taernoato wry out all wish obhga wits, the sponsor shall Bert in the counted a doamtesttramfcmng
or dkpomW ofthe sponsWe ideroi, and nuke heading Mmdo tra sface all of the tam, cauditom, and
wuranoae ordained in due put agreawt.
C. For all noise comptdbWty proper¢ projects which we to be caned out by another uM of local govaomut orate
anproperty wvned by aunt of local government other du m do sponsor, it will wrier into an agreement with that
pwlrmant. Exospt ore odwwm equalled by the Sunday, that agreement shell obligate that govaoment to the
saw tams, oaditiaa, and aanuanva that would be applicable to d if it applied directly to the FAAfar a pan to
tmdeieket onoisecotnptlb*programpgat.ThatagromentanddangerdegdomudbeeaWPadarytothe
Scandery, it win WWdepstose auethisagreemedagamktheIowagovmimentiflhereleanhowde tnon,
compliance with the tame tithe agreman.
d. For noise mmpatlbility program prgods to be owned out at privately owned poprly, it will now into an
ogmamt wdhdo owner ofttut property, which includes provisions, Wemfied by do Bury It witttab pap to
wiftem thin spumad isphol the Froporty owner wharever does is mbdmtW uon� Whwvv with the Issues of
der agremad.
u. Ifthe epotmr is •private wmoor, R will take peps satisfactory to the Secretary to mom that do airport will
coodrw to Afmdlm a apubhoiue airport in accordance with those wuranca for der duration oftho esmumnces
i Won snaogmnd is made formuugmud and operation ofthe airport by any agency or person odor dean the
sponsor or an anploya oftoe gmmw, the wormer will raaw aueided ngbte and mWlm tyto iomre than the
airport will be operated aid maintained In accordance Tile 49, united Swa Code, the roguladaa and the Used,
conditions and assomme a In &a post strummed and shell hours that mdranangmant also rapaa omiplhance
darowath.
6. Caodduw7wMhlad Pbm. Mwprgodarsumablymmd"wdhplam(edwngpdwdmofmbmaimdma
APPA) afpublb epWa that srovidwirod bythe Sate m wbdh dw protect h kmW to planfade develapmmt oftbe area
arcrou dingdo migwL
7 CodiasdmofFoedlo$uwL lthaspvoahkcomtdaWmbtlaadded ofoammmNamwow wharetlaproject
may be looped
& CaardtWimvft Usem.Iiwkblgadaidmtouodalakewyawmldwdopnadpoledundw TN649.Umled Sfata
Code,ithas undertaken moon" oahmhanerawith affectedparties um dosupohtat which poteolaproposed
9. PdOc Heuh p. In prgjeb orvolvmgda kwWm of m ahporl, an awport ay. a a maim ay wdamat b hm
allydedbe apporhmily Serpubllo hark p fordo purpose ofaomdmngdo eoorando, social. and mvirmmonW effede of
the airport orrumwy, loantm and its mosdmq with goals and objectives datsh pluming a has been carried out by the
commmhy and R dWL whmrequedad byte Bematory, mhmd a oW afthetamerupt of mahhesdnp In be Seadsry
Further, for such pvjecb, R has an its msmgmud bard other voting ropcadtm m6mlM oommumt a where be protect
is boded orbs advised do communities bdthey have the n&to pddunthe Seardey concerning a paposed projed.
10. Aired Wnta Qmilty&mmkr d. Inpmjeabkrvdvmgwpat WahmamajammwyetdaWAN6w mwaybanmtt
will provide terdo Governor oPtlu doe inwhich do project is bated to candy inwriting to the Sededary that be project will
be bated, datpted, constructed, and spaded m as to amply web appltabb u and water quality standards. In any case
where richsfaodadt have not been approved and where applicable air and water Wddy dsidads have bempomulgatad by
der AdodokAratar otbe hwimomadal hdodion Apmy, adifiatim doll be obtained Auto rich Admmb el dor Notice of
owdlhwtlasarollout IncwlWshallbeprovidedwithin Welty days after the poedAPPAhas bamreceived bybeSecrdrry
11. Pavmad PrevdWe Mabdeomm With rowed to a pvjel approved a Sec Janney 1, 1995, far die replacement or
r000Mnutlm ofpwnnwa dthe ahpat, R erica or cad is dal R has mpkmubd an offeanw airport pavement
mobdom mmo maatpopam aid R as dot R will use mesh propamfor be uselld Iffe ofmypaweent comtiuded,
m onstru ledorrgmkWwithFederalEnanotdwWaoadthesepalhwillprovidesuchreportsmpriamdcooddtmaid
pavement mamptmd program as the Secretary ddarmnes may be aeSd
11. TamhtdbmdopmmtPromgabkea. For pW*whkhinclude tmwmddevelopmdatapdibuasirport.adefined m
71de 49, Rho, media doe oPribmWal tithe pojml gran raped, all tlo safety a uommt raphed for adiSodbn ofeuch
shpoetunder window 44706 of Tide 49, United Slat= Code,, and all do seamy egapmed required by orb a regulation, and
has provided for mom to dopers=WssePlamingand doplanivesees ofmaltairport topamens aaaplmin8addePlwne
Atom ahaalt other dean sir antler aura tit.
11 Accounting Ilyalans, AWK sot Record lWWni Regokwma(e.
S. It doll keep all project aoomnb sod rewrote which Shcy devices the amount and dtapoutim by the rmtpan ofthe
proceeds of the pant, the Intel oat of the poled in omwdmn with winch the grad is ism or used, and the
tom udormmroofihdportbnofthssodoftheprotectsuppliedbyodorsources,andsuchodorfinuaulrecords
pertained to toe pnjuit The moment aid remrds avail be kept in accordance with m sooamhng system rod wilt
Ahdhtate an ellecdve audd in accordance with do Single Audit Act of 1994
b. Rdead makaavailable InWeSoordaywaldoComptroller OadaleftoeUnited SWa,aany ofthdrduly
adhmired repraedrdva, Porte purpose of auditaid ezammuan, my books, doamuft pupom and.wo of
the rodpknd Ind m ppdoenttothe gruel. The Seeretary may rapmthat an appmpdste audit be caoduded by a
Page 17 of 26
reaptse. In any as in which an u dope lost until a made of the accounts of a q,auor misting to the disposition
ofWe proceeds oft W" at relamga the project in coreuctrm we&which the great was given at mail, M dull Ale
a calAd copy ofeuch twilit with the C*nVbvUa Oa oral oftbe Udtal States not later than six (6) swathe
followingtte close eftbe liwal you far winch to audit was made.
14. Nakasone Wage Rates. R shall inchulk in all contracts in of $2,000 for week on any prqacts fivided under the grant
agreement which involve labor. provuiont alablisbmg mniunom rate ofwaga, to be predetermined by the Socrdary, of
labor, in accordance with the DevisdiaoonAckasamended (40USC 276a276anwhwhoaebutmm apayaddlled
and unskilled Mbar, and in& mtlaboum rats sluff be dead in the invitation for ads and duo be included inproposals or bits
Sartlwwak.
I.S. Veteram s Preference. It duet imolude in all commas for work on any project Banded underthe grid agreement which
involve labm such provWau was maavya insure dot mthe employment of labor (ezoepl in esoldsve, admwsbahve,
and supervisory pop iau), prehension shall be givens Vebsaru ofthe Vietnam em and dmhled vetaw as da5med in Section
47112 of TNe 49, United Slats Coda However, tins proferemm shall apply only, where the individuals as avalabb and
gwUfled to perform the work to whi &a employment rolls.
if. CamfoesuRy a Plar ad Spadadams a wdl eoaamana prgea subject to pia ik gwmfcatiam, am ao w&da approved
bydes Secretary Such plans, .apeolaattom,and schedules shall bembdmedathe Secretary prior aoom mmnatofine
preperatom, construction, or other pafarmance under this mind agreement, and, upon approval oftee Secretary. dues be
fnoatporated into 96 Smut agroanmd. Any nwdifisbma the approved plain, specifications, end sdaduls dues mho be
sufgedto approval ortee Seomlary, and imcorporeow We the Shard agreement.
17 Carhwctios hspecdom and AppevaL R will provide and muntam competent technical supervision at the comer"" site
throughout the projects lane 64the wait oanfavr to the plan, spsrSsmam, and schedules approved by the Secretary for
the project. R dull arlool dso aonbugam work on any projed contained in an approved projert APPAto Impaction and
approval by the Sacrday and rich work shell be in a000rdemoe with regulations and procedures prscrabed by the Secretary
Such regulations wit procedures shall squire inch cost and promm reporting by the sponsor or sporran Bauch project as the
Saaretary shall deem necessary
18, planningProjeca, Incarrying VAPINAMINSPfgWb
a It will eomute the project in aaoodanee wdhthe approved program snative amWoed in the project APPA or with
the nwNAoaliom s W iltdy approved.
b R will Audsh to Secretay with such periodic repay as requvad pertaining to the Planning prold and pig
work activbia.
a It will include in all published material prepped in connection with the planing project a notice that the material
was prepared undera green provided byte United Sates
d. R will make such material avdlsba for ercrnimabon by the public, and agrees that no material prepared with Yids
uderdds projeal shall be odd" to Copyright nithe UMe l Slats or cry other country
a R will give the Secrdaryummtrkad authority to pub1W discos, du616ute6 ad dhorms use any ofda material
prepared inoo mecacmwithdogreen.
P It will Brent the Sardaey des rind to disapprove the spamah enploymmt of speorAo consultants and their
suboannoam to do all or any part ofilds project s well as the right to disapprove the proposed soup* end cost of
probumsedurvioes.
g R will Srse the Secretary the right to disapprove the use of the sponsors employees to do all a any pat of the
F*&
h. R umdaWds and agrees diet the Secretary's approval of this project grad or due Socreter" approval of any
planning metaul developed as past ofdus mad aces not constitute amply any announce or commitment on the
pat oftbe Secretary to approve W pending or false repast for a Federal airport Sued.
SR OporataaadMaYkmea.
L The shpatad aR9oARis whicham oaasaya serve the sommustial users oftbe airport, odurthenfsiddhs
oswmd a oambolled byti a Udled Baas, ahs11 be operated at as bens im a safe ad servweable coddtenad in
aoocrdenoe withta mdaamm standards as may be rerpsed or prescribed by applicable Federal, sate and local
agencies fhrmuintaaroe and operation R will not aunt or permit any activity or actiontbersen which secede!
interflare with its we hr airport puripmem. It win sukably operate old maintain 60 airport and all hd dur m
or ccnshected therewith, with due mgad to clhmsto and flood conditions. Any proposal to temporarily costa
airportfer mom4acm rtla( purposes mud Aril be approved by the Secretary
aftirtwmma oftha assurance, the spamor will have in offset anangmhwds fir-
(1) operatingtu suppt4 Menwbalf ow" wiamever"Werad,
(2)promWy awhile and SgHag hasrds newhing&in airport continuous, inohchog temporary conditions; east
(3) Ply mttgingairman of ary condition atbAbg aerauutial was oththee aryat.
Nothing comet ed berain*A be commuedto rapdro tut the airport be operated the awamwtal use durhg
tmpasmypaaods when anew. flood or other dimato conditions bderf re with won opandan ad maWamaooe
l4uthar, mdhingbamin dull be caubued as requiring the msudenuhoe, mipm, restoration, or mplaoenwd ofany,
Mmcam orfle ty which is substantially damaged Or destroyed due to an act ofOod or other condition a
choumraaca beyond to control oftbe spomar
R will adahly operate wit mshnaln rods auqutibildy program Mena did it own a controls upmwhich Federal
Aside have bean espaded
20. Hamel Heeovd and hadlis ar, It wig take appropriate sonona arse that such terminal airspace as is ruptured to protect
instrument and visual operations ache airport (including establrbed minimum Right ahitudes) will be adapualy cleared and
Page 18 of 26
prolecte t by mmovmg lowering Woodtng making or 1109-9 or onurwere nrrbgahng ewsung airport hararda and by
provadng *a almWWmhait or creation ofR*n aupat baurds
21 Compadble Lard Use. It will take appropriate motion, to the eenad reasonable, including the adoption ofmang laws, to
restrict the sue of land a4sadto a in the kmmedmate windy of the auport to activities and purposes compatible with annual
akpod operations, kichu mg landing sad takeoff of avaa8. In addition, dthe project is for roue compatibility progam
lmpkmedakaq it will not awe or permit any change in Ionic use, wdm a junuhchm, then will radios its oanpatiMldy.
wit& romped to the airport, tithe mire omspWbilhy programs mearires upon which Federal Aunts have been expon"
22. lioonowk NoodberbobwAGIL
a. It will mike the alport avail" am an airport for public use on reasonable turns and without unjust dkakni utlon
to all type, kids mail eluea of aaonaubal activities, including oonmheraiai ==a"adrvide, offering
ravloeL the ptibAo attla akpot
b. In any agreawd, oanband. tare, or other arrangement under which a ngld or pnwlega at the airport u graded to
any person, firm, or oapaauanto coddu t or to agage an any aeronautical aobviiy_forlkmi.hinng service to the
(1)Amd& said service on a reasonable. and not uryuady duuraunatory, balk to erg uses t w*4 and
(2) charge reasonable, and net unjustly iluduriumaory, Mm for a&& unit or service, pmvidedthat the contractor
may be sAowad to make raadmble and ooduaumwtory duooude, rebates, or other similertypos of price
reductions to vobwe purelumas.
Q. &ahAvebbared operator at the airport shill be abject to die tame rates, fens, redalm, mad oilier charges as m v
unifanrly applicable to all otherfixedbmsed operator mmkingdo sense or annular uses of much airport and utilizing
time same aakdlarguAdia.
d. Fanbair amen using such airport dill have the right to advice shelf orto use arty fixabbued operator that a
authorized or penalties! by do airport to maw dry air qmr at much airport.
e. Each air carrier using much airport (whodsor am a Unsuct, noden-K or subtariant of andleor sit carrier bermad) shall
be subject to such roodisakdabty, and substantially comparable roles, regulations, condibar, rates, fees, rentals,
and other chards with respect to Mica drradly and substantially alerted to providing mrtrmapdWan as are
applicable to all much air amain which make insider use of much airport snit nub= jai arfadlMes, subject to
reasonable damifimtkm nab a tdwds or modaads and agalary amen amen nonsignetury, amen.
ClaaiAaWn or Maus as taut or migratory lull not be unreasonably w&&W by arty report provided an n
armor aseumes obligations substantially sunder to those already unposed on n amen an wain classification or
Mabel.
f It will noterrrwseorFadanyrightorpnvilegewhichoperatestoprovedanypersonfirm,aoaporidm
operatingahaalt anthe akportAompdaauag may aavices on its own urdaN wen he own employees [moludrng,
but not limited to mabdaunc%repair, and Antmg) that It day choose to parfarm.
g In&a event the sponsor hmelfezaanaes any oftlo rights and privileges refamd to in this assurance, the mervtees
bnvhvd will be provisiod on the an= conditions as would apply to it* hnuduAg ofsuch services by oomm=W
aawu0al servla providers authorized by the sponsor under these provisions.
Is. The sponsor way establish such reasonable, and not unjustly dummuutay, conditions; to be and by all umen tithe
&kind a may be woawyfir gin sefi and offima t operation tithe airport.
i. 7M epararmmy pabibit or It" any giventypg Ind or dose ofadauu tad use ofthe akpm nfmudh motion u
necessary for the made operation *file anpert a rhGesaary, to move the civil avishm coeds dAhe public.
23 Exchtdve W&L h Will permit no exclusive riddfor the use often airport by any parwn providing, orhd" to provula,
adodmulloal service to the publb. Per pu pow ofthu pangyd4 the providing ofthw service at an airport by a single Acted,
based operatordadl not be croskued u an exclusive right bfbotl title following apply
L Itw* Wbe unreasonably comtiy,brdaroase, or knjeadnal for more than one Bxedbamed operator to provide rich
sealow, and
b Ifallowing mratlanaae8xedMsedoperates toFWA&robservice; wouWraryio6erodoationofspaaleeeed
pmaaddto nodding agroernod between much single 6xedbmked operator and rich airport.
AAuiher Wm that it will nK dWr directly or imminently, pant or permit any poser, fin, or oapaWaq the emludw right
atIn airport to an" iymaidenhood activities, knludmb but ad Wn mid to charter flights, Olottrakrkng, akora8 mm"
and siddeeddg, arW photography. a" dudag aerial advammg and surveying, ark ourier operations, ahaaft elm and
eavba, she dav411capdrolo n produces whether mad conducted In oarjuraYan with other aaonarial acinhy, d wr
and mWW==m danddl, We dfakaall pats, and any other aWvrba which because of their dued relationship to the
opaatlon dairaaA ad be regarded a an
aeronantial adivhy, ad 69 It will tamiwte cry exoluave rigid to cmdud an aeronautical WUV#ynow Waiting at rich an,
airport began the grad deny assistance under M 49. United States Coda
24. FastredRntdliftwdam Rv Almakdabahc&WvwWdmmwfathefaairliaadsavbaat%oakpatwbdewdl
makothe airport a al&udaWaga ponible underthe amnWhom exWmg attbe partionlar aapoK taking into awound
such fiche ache volne dbaft and eoaowy, of collection. No pad tithe Federal share do akpdt developwd, airport
planning or mime compatibilkyprcject Bor which a grant is mete under M 49, thdled Slates Cute. do Airport and Akway
Idnprmamad Ad of I982, the Federal. Airport Act ache Airport add Airway Development Act of1970 dull be included In die
rate bash in aMWWuWdg&a, rats, and damages Av code of" airport.
35. Ahpod Revenues.
a. All roam= gadenbd by do sport and any local Lies on avuhom Awl stdabluhed after December 30,1997. will
be exnaded by kflat die capital or operating oats tithe airport, the local airport system, or other foal facilities
which are owned or operated by the owner or operates tithe suptnt and which see do=* red substantially related
to the aduai mar treagw1atim dpsumgax aproperW. a for noise mwgdm purposes on or offtbe deport
Provided, boweva, 64 ifcovaunls or snhmncee in debt obhgatsons ismued before Sopfadba 3,1982, by the
owner or operates tithe skpoK or provisions elated blare Seplember 3, 1982, In groaning subdu controlling
Page 19 of 26
the owner or opmWA ftnerwbgprovide for the um of the row om ftorn any ofdw anprt owner or oprators
AdIdtu, including the aupurt, to support not only the airport but also the airport owner or operator4 pmeral debt
obligations or otherAailetim than tits Insulation on the use of all revames Saturated by the airport (and, in the me
of a public airport, low tazes on aviation toQ shaft not apply
As part oftr annual s udd rapdrod under the Single Audit Ad of 1984, the sponsor will direct thin the audd will
revmw. and to resulting audit report will provide an opinion conoatwhS, the no of aupo t revenue and tam in
paragraph (a), and hdhatmSwhether lhnds paid attruhdarod to the owner at opentar are paid or hamtened in a
mrmr carsurad with Tdle 49, United States Code and any other applicable provision of law. including any
regulduonpromdgated by the Secretary a Admmuuator
Any civil pandle; or other sseacthom will be impend for violence ofthu usuram in accordance with the
provisions of Section 47107 of Tide 49, Unded Stets Code
26. Reportasrdlnapectim ftwill
a. aback to the Secretary such amral or venial fhuanmai and opershone; spate as the Secretary nay reasonably
squat and make sudhreports available to the pubbo; nuke available to the public# reasonable times end planes a
report ofthe aapat budget in afamd prmaibad by to Secrotary;
b. for airport development projects, make the airport and at suport records and doemods affectlag to skport,
including; deeds, beam, operation and um agremuda, regulations and other urtrumade, available Stir n pactou by
any duly authorized aged ofthe Secretary upon reasonable spat,
o. fir ada oampatili y program projau, make meads rot documents rolatmS to the project and omtnued
oamhplismoe with the true, conditions, and sswuahaoa of to read agroamt Including deeds, boas, agreements,
regulatau, and other nWanenls, available for inspection by any duly a dhorized aged of the Seaotary upon
reason" regnant, ad
d. in a fo rrut and tine prescribed by the Secretary, provide to the Secretary and make aveilsbb bike pubho
Mewing" o[hsffsah years, an annual report hunog m detail
(1) all savausts paid by the airport to my other wart o(gavoinniont and the purposcia foe which N& such
primed was made, and
(u) all savlam and property provided by the auportto other unit of govaoman and the amount of
coc pawtonreeived for province of each such service and property
27 UK byGwernmatAIMML IS will make available all cftbefiah0aaftuairport developed with Mind fiunow
anditmce and all Ohm usable far leading and takeoff of sucraft to the [kited grabs Sir m by Goverment enaaft Inoommon
with other aircraft at aft tbom wkhoul charge, auept, dthe use by Goverment aircraft to substantial, dirge nay be nude fa
araronablealma,proportionaltoarchuserfbrthecost ofopmaungand muntumingtlmfudliumnee Lwassodwrodse
deknminedbytheSecretay.aothavvinagradbythespammandternsmgagemy,substantialuseofanairport by
awrommt aircraft will be ocmiderod to evil when oprabmu of such aircraft are in wom oftore which, in the opinion of
the Seadry. would unduly latsrfae with m ofthe hiding arm by other authorized aircraft, or during any calendar mouth
that.
a Five (3) or mars Oovamnad aircraft are reguirly baud at do aupott or on lid agiaad thereto, or
b. Tiototal munbar ofmovamds(couting cub lending u a torammt) ofOovermun airordt is 300 ormomor
the pan aoamwlshve weight of 0ovahwed aircraft uungthe airport (the told movemerd of Government aeronft
multiplied by goer wergide of such woraft) Is In exms offtve nilhon poude
28. Landfor FederalFaeStbs. it will liunlsh without ocatbthe Federal Government fareau in oamedacawith any sutraffio
control a aknavigat(on acbvitmr a WORdMr ropoNng sit oammwueteon adlvNm rolled to sir Udk oontrol, sunny um of
lad orwatsq or mirktheretm, or rights in budding ofthe pares u the Secretary oomdas naasary or datroble Sir
ooMnsoton, operation, and mabdonanoe at Federal expanse of space or faalma for such purposes Such more or may pathon
darafwilh be made available a provided ban= within few months after rooW of a written request fiomthe Secretary
29. AlepmlLyyautPlew
a. IS will keep up to date at all tkmm in airport layout plan ofthe airport almvnag (1) boundaries afthe airport and Ali
proposed additions therein, together with the boundura Bail ode arm owned or controlled ythe spoaer fur
airportpmposmsiall Isedadditiar threto;(2)tr location and nature nag existing and proposal airport
fidNes and Madura(rota u ri Ys,taxiways, sprarrtamest bnldmgh, kupn and roads), including ail
"anal axlabsr andreducticm of welding airport fullgus, and (3)the location of all existing and propaud
aodavi lm mats and of ill existing kgxovsoumsthreon Such airport layout plane sod each amendment.
»vision, at modatataatkauf shall be su ucatto to approval ofthe Secretary %tech approval altar be aidanoed
yto signature of* duly authorized roprounnitive oftb@ Socrelary an the f1hoe of the airport layout plan. Mao
epomorwill net make a parent any aher" a a8arateum in the airport or any of its facilities which ere ad in
omfmdty with the airport layout plan as approved by the Secretary and which augld, into opinion after
Secretary, Wwamly and the ufidy, ntdy or eftidency ofthe aupat
b. We chugsor a8matm in the airport ate facilities as made which the SaaeWy ddamiom dvasely affects to
sagely, misty, a efcimoy ofany Morally owned, lased, at f n ded properly on or offdw airport and whkh is not
in oomPormity with the airport layer plan as approved by the Serdayr to owner or operator will, ifrorprstd, by
the Secretary (1) eWninate rich adverse effort in a anon« approved by the Beastuy, or (2) ban all once of
relocating such property (or replaomead the oof)to a site soaeptabie to the Secretary and all ours ofrodaring Pub
property (or ropilsoon adtlaered) to the level ofsafbly, utility, eftiotanoy, and cost of operation existing before do
unapproved thaoge inters airport a its fioilhha.
30. ChtRW" itwi800mplywhhmuhmlaumepmmdgddto—=, rtaopmmstr8.mtbeg undeofnoe,oaed.
alai national crigin, arc, age, or handicap be exdudd from participating in any activity conducted with or bmefitiogflnm
ftuderooelvdftmtlitgrM. This ineuro eabligatesthesparorfortepeawdduabgwhichFederalfkuncalmidanaeis
exlsridedto ter program, except whore Federal fiermW mistanc e is to provide, or is in the form of personal property or rah
property or imeraetherein or structures or iopaovmoms thereon in which can the aewrareoe obligates the sponsor a any
Page 20 of 26
tWAh ee for the low ofthe lbliowin8 ponce (a) the period during which the property is used far a puspose fa which
Federal flimsiest assidaooe is udaded, or for another purpose involving the prowwn of sunda services or bereft or (b) the
period during which the sponsor rdWm ownership or possession of the property
31 Dispeadof1 n
a For Wdpndmaed under a gad for airport mere compatibility purposes, it will dmpae of the land, wheat %a dud
ism larger needed fie soh purposes, at fear nesrket veto% at the sashed practicable time. TIW portion ofthe
proomichofauah&Win on which ispropoNaMetothe UmredStak dun ofaoqumniseofsuchlog wall,athe
dlacrdicn tithe Boundary, l) be paid to the Secretary for deport in the Trust Fwd, or 2) be reinvedod;n an
approved noise oompedli ty project as prescribed bythe Secretary
b.(1) For linal roadstead under a Mid for airport devolopumat purposes (oder than nolso oampatibutityl it wK
when do knit is no loW needed for airport purposes, dispose ofsuch lead at fear nwkat value a make avdlable
to the Secretary an account sped to the United 61" proportionate share ofthe fah tradret value tithe lord. The
paNn eftbe proceeds dsudn d6podticn which is pmparticnab to the United StMW ohm oftlm cost of
acquisition dsudt Ind will, (a) "a application to the Secretary, be mnvMW in loodwr ehpble airport
pad or practa approved by the Secretary at that airport or within the national airport rydan, or
(b) be paid to the Secretary for deposit In the Trod Fund sfm eligible prgeot oxide.
(2) Gerd dull be considered to be needed far npmt pupas under do asurame if (a) it may be needed for
seramautial purposes (Including runway protection inner) a serve as noise buffer lust, and (b) the reamer Rom
interim uses ofeuoh fed contributes to theflomeal sWsuff decoy oftbe ahpat Funkier, lead purchased with. a
giantreoeived by a airport operator or owner before Daoanber 31,1987, wdl be considered to be needed for
akpatpwposaIf*o yaFederalagmoymskmg such grad before December 31,1997, was notified by
We operator or owner dtiae was ofsuah land, dot not object to such use, ad the lad container to be wed for that
purpose„ ndause haft transactions! no Wertlmn December 15, 1999
o. Disposition of" lead under (a) or (b) will be subject to the remistuan or reservation. ofany interest or right t1sima
nommoryto mom that aucb land will only be used for purposes which are compatible with noise levels associated
with operation tithe ahpat
32. FegmeaSgsaid DWpServices. it will award cub cotruct,ambcorik"for program management comhuation
management, Fissuring Oxb%&asbility nerds, srduteabdal services, proWmouy asgsnoamg, design, aogrwerm&
surveyhng, mapping orreWW services with impact to the prgeat in the saw maurr as a contract fa aroMeohnnl and
nSbwft agservbm Is negotiated under Tide DC of dw Federal properly and AdmundrWve Service@ pet of 1949 or an
equivaleat requirmnent prescribed for or by the sponsor ofthe avert
33 Fordpablulmt Aodrlelkan Rwifinotdlewfi"povidedundwdogredtobeundtoflmdayprojadwbbhu my
product or service eta firings ona dry during the period in which rich f sesp oaunry a tided by the United SWa Trade
Rap[amldlve a dayloghit and equitable market opportunities for praduw and suppliers ofthe United Slates in
pommmad and con" len4
34. .Policies, St loads, and SpedBa io It will carry out the pgad in accordance with pohum, sWdards, and speoifioanam
approved by the Secretary including but not Bodied to dw advisory carcula s hared in the Currant FAA Advisory Chalon fa
All? pa @* dried 7n/99 and leduded hi pad, and in saoadsooe with apphoable aloes potiora, standards, and
spaolfloglens approved by the 8eaday
X Reloedleasaid Red PrepertyAagdddon.(1)EwillbegcWedinacquiring real prWarty,tothe greatest axtentpadnable
under grate law, bydw lad soquisWan policies her Subpart B of49 CFR Part 24 and will pay a ramtburee properly ownora far
naaary aapemea in apedfied In Bubpart B (2) It will provide a relocation, auirianoe program oflirri ngthe services described
In Subpart C ardfairand ra ors" relocation payments and assistance to displaced per r m as rop red in Subpar D and E of
49CFRPwt24(3)RwiBmdoravailabkwi8dnarasonableperiod ofdmepriatodupleosmad,00 paabberrplaonnaot
dwdliogsto displaced persons In accordance with Subpart E of 49 CFR Pad 24
36. AmermBybelatedly Boom 7%airprtowneroroperatorwillpamit,tothemwmumexaantpadmsWe,imacdtybuaea
cidear modesd4anspaMionto to the aLhowever,dhnoobligantoflmdspaWfimBgorarfWaredy buses at Air fmodes oftranwortatiosi.
37 DWdrmdaged Bwiwas Faimprlem Ilia sedplent shall nil duaimumk on the bads ofrace, ads, national origin or mix in
the award ad portmanteau day DCToaided contract or in the administration ofits DBE program or&a raphemmb d 49
CFRPa126 Mae Rook" dWt*A all morminry and remomble ship under 49 CFR Put 26 to mum son discruninallort in
elm award and admbdstratln dWr-GuWd oadnects. The rapid's DBE progran, a rogened by 49 CFR Part 26, and as
Approved by DDT, is incorporated byref rma in rise agreement. ImPhamaolatnon dthr program is a Iegal obligation ad
fdlumb aay out its tsar shag be treated a a violation dthb agreement. Upon notaflationtothe recipient olds feiture to
wry out Its approved progress, the Deparmaadmay impose sanctions a provided for under Pad 26 and racy, In appropriate
ass, refbrthe cosgerfcr eot5roand wrier 19 U 8 C 1001 seta the Program Fraud Civil Ramadsa Act of 1986 (31 U 9 C.
3801}
Page 21 of 26
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updatedon 7/1i99
The following apply to both All? and PFC Prelate
NUMBER
TFFLB
70/7460.1J
Obdmcd m Making and Ugbtimg
150/5000-13
An ounoame d of Ava"Ifty—RTCA Ira, Davmmt RTCA 221, Guidance and
Reoommmded Raqunmimax for Aupoit Surf a Movement Somas
150/51OD-14C
Arahkeobual, Eagimamg, ud Planning Consultant Semca far Airport Grata Ikge(a
150/3200.30A, CHG 1 k 2
Airport Winter Sdsty ad Operations
150/5200-33
Hazardous Wd" Atlraduts On or Neu Airports
150/5210-5B
Fdclout Marking and Lglttmg of Vdudes Used on an Airport
150/5210.7B
Aircraft Fin and Rescue Camwmatim '
150/5210.13A
Water Rescue Platy, Facrlkes„ and Equipntad
150/5210 14A
Airport Fire and Revue Pasooml protective Clotbiag
150/5210 15
Airport Rase k Flreligh4og Station Budding Design
150/5210 IS
System for Intasadve Training of Airport Paaamel
150/5210.19
Drlva s Enhanced Vidov System (REVS)
130/5220-4B
Water Supply System for Aircraft Fire nod Rescue Protsdim
150/5220-JOB
Guide Speagatim for Water/Foun Type Aircraft Rescue and FueSglting Vduola
130/522043B
Runway Surface Condition Samor Speo fiatim Guide
150/5220.16B
Automated WeatbwObsormg Systems 9)r NonFadaal Applwteae
150/5220-17A
Dodpa Standards for Aircraft Rescue Pir iegghtingTmwmg Facilities
150/5220-18
Buildings for Storage and MaiMaenoe of Airport Snow mW Ice Control Egmpma t sod
15015220-19
Mdaria4
Ouide SpeaiNoWan for Small, Dud -Age t Aircraft Resew and Firoflghting Vdmles
15015220-20, CHG I.
Airport Snow end Ies Control Equipment
150/5220-21A
Guide 8pwdiatlmfor Iafts [had to Bard Andim Pm m m With Mobility btpsirmats
150/3300.13, CHG 1, 2.3.4, 5
Airport Dodgs
150/5300.14
Design ofAaaaft Dams Facilities
150/5300-15
Use of Value Eogh eemg for Engineering Design of Airport Gran Prgects
130/3320-11B
AirportDrmbui e
150/53206D
Airport Pavetma Damp evil Evaluation
I50/5320.12C
Mnmmm t, Cmstnidion, and Maintenance of Skid Resonant Airport Pavemad Stallions
150/5320-14
Airport Landscaping for Nobe Control Purposes
150/5320-16
Airport Pawned Dmp fordw Boeing 777 Airplane,
150/5325.4A, CHO 1
Runway Lmglb Requnemats far Airport Damn
ISW5340.10
SlanMrds par Airport Markings
150/5340.4C, CHO 1 k 2
Installation Details for Runway Ceterirae Toucldaw Zane Lgidhig Systems
150/5340-5B, CHG 1
Segmmtd Circle Airport Marker System
150/5340.141, CHO 1 k 2
Eavomy Approach IJgixing Alds
150/3340.17B
&wAby power for Nan -FAA Airport U&M Systmu
150/5340-IM CHO 1
Sfard" for Airport Sngc System
150/5340.19
Taxiway Ceotaribte Ughting System
15W5340.21
Abpat Misagavems Ugh0ng VWW Ads
150/5340-23B
Supplmontal Wind Cave
150/5340-24, CHO 1
Runway end Twdmy Edge Ugbimg System
150/5340-27A
Air4o<humd Radio Control of Airport Uglmag Systems
I505345.31)
Specification for IA21 Parols for Saracen Control of Airport Ugldtng
I505345.7D, CHO 1
SpaciSaAianft r E324 Undapouod Eleotrial Cable for Airport I I&mg Ci mds
1505345.10E
Sp WR"mlbr Camtant Cuaed Rwiata+RepLAw Mondm
15015345.12C
Spadflatbnfor Akpat and Hehpal Beacon
150(5345.13A
Specification for L841 Mmhary, Relay Cabinet Assembly for Pala Control of Airport UgJdmg
Circuits
150/5345-26B, CHG 1 k 2
8pod8atimfor L823 Plm and Reoeptaole, Cable Cameam
150/5345-27C
SpedRafwn for Wind Coe Asamblies
150/5345.281% CHO I
Prechmm Approach Path Itdwalcr (PAPI) Systais
15W3345.39B, CHO 1
FAASpeol6ation 1.833, Runway and Taxiway Conteduw RehaoRedive Mukm
150/3343-42C, CHO 1
8pedgatkn for Airport Ught Bases, Tnntbrom Hmu4P6 Amdem Boxes and Accessories
I SW5345 43B
Specification hr Obstruction Ugbtivg Equipment
150/5345-44F,CHO 1
Sped calimRrTmamyandRunwaySigns
ISW534545A
UgMwdgMAppvachUghtStntctim
150/534546A
8pedgoeticis hr Runway ad Taxiway Ugbt FhdreeM
15015345-47A
LoleRm Tmndmnm for Airport Ughtirng System
130t5345-49A
Spedflatlan 1,834, Radio Control Equipment
13015345.50, CHO 1
Specification for Potable Runway Lights
150/5345-S1, CHO 1
SpaoiRadimfar Diadrrge-Type Member Equipment
ISW3345.32
Gametic Visual ORdeslopw Idnalas (OVOI)
150/5345-33A.(boludleg dd=*=)
Airport UgMing Equipmrmt Ca4Raatim Progsmn
1501536"
Plwdog suit Design of Mrpod Tamiml Facilities at NmHub Lmatiam
Page 22 of 26
150/5360.12A
Agpat gipung A Q*kia
150/536043, CHO 1
Plam ng and Dafpr Oudance for Auport Tamuul Faorldra
I30/33704C
OpmWoo l 9aBety on Auporla Durwg Cautruotrm
150/5370.6B
Construction Progrm and Inspection Repor4Arrpat Omnt Propam
150/3370.10A CHO 1, Z, 3, 4, 3, 6, 7, 8, 9
Ma darda for gpeolfymg CorrtruAran of Aupata
130/5370.11, CHO 1
1he of Naoda ructive Tatrng Devaaa iodic Hvalua4m of Aupat Pavmm*
150 S370412
Quality Control of Caoatnuarm for Airport t3rant PrvJ@*
I50/53904A
Heliport Dmpr
150/5390i3
Vodipat Daipm
Page 23 of 26
ATTACHMENT D
REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
A The grantee certifies that it will or will continue to provide a chug -free workplace by
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the grantee's workplace and spec4mg the actions that will be taken
against employees for violation of such prohibition
(b) Establishing an ongoing drug free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace,
(2) The grantee's policy of maintaining a drug -free workplace,
(3) Any available drug counseling, naltabdntation, and employee assistance programs, and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace,
(o) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement rely by paragraph (a),
(d) Notttrmg the employee in the state isit required by paragraph (a) that, as a condition of employment under the
Brad, the amployee will.
(1) Abide by the tams of the statement, and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction,
(e) Nctitymgthe agency in wrntmg, within ten calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the receipt of such notices
Notices shall include the identification number(s) of each affected grant,
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (dX2), with
reaped to any employee who is so o mvicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rdmbilitation Act of 1973, as amended, or
(2) Requumg such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency'.
(g) Dialing a good faith effort to continue to maintain a drug -five workplace through implementation of paragraphs
(a). (b). (o). (d). (a). and (f),
B The grantee may inset in the space provided below the aite(s) for the performance of work done in connection with
the specific groat
Place of'Performance (Street address, city, county, state, zip code)
Denton Municipal Airport
5000 Airport Road
Denton, TX 76207
Cheek _ if there are we #lam on file that are not identified hoe
Signed
Jon Fortune, vAs
Typed Name and Title c
ATTACHMENT E
Dated "` 10
Page 24 of 26
ion Operations
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be
followed to assure that proper pavement maintenance, both preventative and repair, is performed
An airport sponsor may use any form of inspection program tit deems appropriate The program
must, as a mmimum, include the following
1. Pavement Inventory. The following must be depicted in an appropriate form and level of
details„
Location of all runways, taxiways, and aprons
Dimensions
Type of pavement
Year of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances, pavements that have been
constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted
2. Inspection Schedule.
a Detailed Inspection A detailed inspection must be performed at least once a year If
a history of recorded pavement deterioration is available, m e Pavement Condition
Index (PC1) survey as set forth in Advisory Circular 150/5380-6, Guidelines and
Procedures for Mamtenance of Airport Pavements, the frequency of inspections may
be extended to three years
b Drive -by Inspection A dnve-by inspection must be performed a minimum of once per
month to detect unexpected changes in the pavement condition
3. Record Keeping. Complete information on the findings of all detailed inspections and other
maintenance performed must be recorded and kept on file for a minimum of five years The types
of distress, their locations, and remedial action, scheduled or performed, must be documented
The minim information to be recorded is fisted below
a inspection date
b location
c distress types
d maintenance scheduled or performed
For drive -by inspections, the date of inspection and any maintenance performed must be recorded
Page 25 of 26
4. Infgrmation Retrieval. An airport sponsor may use any form of record keeping it deems
approppate, so long as the information and records produced by the pavement survey can be
retrieved to provide a report to the FAA as may be required
5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for
Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport
pavements and establishing an effective maintenance program Specific types of distress, their
probable causes, inspection guideline, and recommended methods of repair are presented
Page 26 of 26
Y1
AGREEMENT
BETWEEN
SPONSOR AND CONSULTANT
FOR
PROFESSIONAL SERVICES
TxDOT Contract No.: lXlFA002
TxDOT Project No.:DENTON
TxDOT CSJ No.:0118DNTON
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TRAVIS §
THIS AGREEMENT, made, entered into and executed by and between the City of Denton,
hereinafter called the "Sponsor," acting by and through the Texas Department of Transportation
hereinafter called the "Agent" and Coffman Associates hereinafter called the "Consultant."
WITNESSETH
The Sponsor intends to: prepare a master plan at the Denton Municipal Airport hereinafter called
the "Project."
AGREEMENT
The Sponsor and the Consultant, in consideration of the mutual covenants and agreements herein
contained, do mutually agree as follows:
Pursuant to the terms of the Airport Project Participation Agreement entered into by and between
Agent and Sponsor, Agent agrees to employ the Consultant on behalf of the Sponsor. The
Consultant agrees to perform professional consulting services in connection with the project as
stated in the sections to follow. Upon rendition of such services, the Agent agrees to pay to the
Consultant compensation for these services as agreed herein. All services performed under this
Agreement shall be performed under the direct supervision of the Agent. The Agent will act as
referee in all questions arising under the terms of this Agreement between the parties hereto, and
the Agent's decisions shall be final and binding.
Page 1 of 12
SECTION 1 - SCOPE OF SERVICES
1.1. Services of the Agent
1.1.1. The Agent will furnish items as listed in Attachment A, "Services to be provided by the
Agent" attached hereto and made a part of this agreement.
1.2. Services of the Consultant
1.2.1. The Consultant will furnish consulting and/or surveying services as set forth in
Attachment B, "Basic Services to be provided by the Consultant," attached hereto and made a
part of this agreement. The Consultant shall perform in a satisfactory manner, as determined by
the Sponsor and Agent, the services generally outlined and specifically indicated in Attachment
B.
1.2.2. All items of work included within this contract shall be completed within twenty-four
months from the date of the written notice to proceed with the contract terminating at that time.
No payment will be made to the consultant for work completed after that date without a written
extension of the contract period approved by the State. Reason for consideration of contract
extension will be excessive delays in review of work by the state or changes or delays caused by
the Sponsor. In the event that the contract is terminated, the Sponsor will be notified
immediately as to the reason for contract termination.
SECTION 2 - PROGRESS
2.1. After execution of this Agreement, the Consultant shall not proceed with the work for
outlined under "Scope of Services" until authorized in writing by the Agent to proceed.
2.2. The Consultant shall, from time to time during the progress of the work, confer with the
Agent. The Consultant shall prepare and present such information and studies as are shown in
Attachment B.
2.3. At the request of the Agent or the Consultant, conferences shall be conducted at locations
designated by the Agent. When requested by the Agent, these conferences shall also include
inspection of the Consultant's services and work.
2.4. The work will be subject to periodic review by the Federal Aviation Administration
(FAA) and/or Agent.
2.5. The Consultant shall prepare a "Work Schedule" as Attachment C, attached hereto and
made a part of this agreement. This work schedule will be sufficiently complete to show that the
Consultant's "Scope of Services" under this Agreement can be accomplished within the specified
time. This "Work Schedule" will provide specific work sequence and definite review times by
Page 2 of 12
the Agent and the Consultant of the work performed. It is of primary importance to the Sponsor
and the Agent that the services within this contract be provided according to the agreed upon
Work Schedule, Attachment C. Undue delays within the control of the Consultant may be
considered as reason for termination of the contract as provided in Section 9.
2.6. Should the Agent desire to suspend the work, but not terminate the Agreement, this may
be done by thirty (30) days notice of suspension of work given by the Agent in writing to that
effect, and the work may be reinstated by Agent and shall be resumed by Consultant in full force
and effect upon receipt by the Consultant from the Agent of sixty (60) days notice in writing to
that effect.
2.7. If work is suspended for more than six months at the request of the Sponsor or the Agent
the Agreement may be renegotiated at the request of the Consultant or unilaterally terminated by
the Consultant.
2.8. All employees of the Consultant shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Consultant, who, in the
opinion of the Agent, is unable to perform the work, or whose conduct becomes detrimental to
the work, shall immediately be removed by the Consultant from association with the Project.
2.9. The Consultant certifies that Consultant has adequate qualified personnel for performance
of the services required under this Agreement, or will be able to obtain such personnel from
sources other than the Agent or Sponsor.
2.10. The Consultant shall prepare monthly progress reports insufficient detail to support the
progress of the work and vouchers requesting monthly payments.
2.11. The Consultant shall furnish all equipment, materials and supplies required to perform the
work under this Agreement except as provided herein.
SECTION 3 - CHANGES OF WORK
3.1. The Agent will have the right to make changes and alterations in the services of the
Consultant as may be considered necessary or desirable. Changes and/or alterations that reduce
the lump sum fee will be negotiated between the Agent and the Consultant. Changes and/or
alterations that increase the lump sum fee will be handled as Additional Services as stated in
Section 4. Such changes and alterations shall not be considered as a waiver of any conditions of
the Agreement, nor shall they invalidate any of the provisions thereof. The Consultant shall
perform the work as changed or altered.
3.2. When required to do so by the Agent, the Consultant shall make such revisions as are
necessary to correct Consultant's errors or omissions in the work. No additional compensation
shall be paid for this work.
Page 3 of 12
3.3. If the Agent requests change to work previously completed by the Consultant and
accepted by the Agent, the Consultant shall make such changes as directed by the Agent. This
will be considered additional work and paid for as specified in Section 4 - Additional Services.
SECTION 4 - ADDITIONAL SERVICES
4.1. When authorized by a supplemental Agreement, the Consultant will furnish additional
services as listed in Attachment D, "Additional Services to be Provided by the Consultant,"
attached hereto and made a part of this agreement.
4.1.1. Compensation for such services will be in accordance with Section 5 - Payments to the
Consultant.
4.2. If the Consultant is of the opinion that any work Consultant has been directed to perform
is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly
notify the Agent in writing prior to performing the extra work.
4.2.1. In the event the Agent finds that such work does constitute extra work, the Agent shall so
advise the Consultant, in writing, and pursuant to a supplemental Agreement shall provide extra
compensation to the Consultant for doing this work as additional services covered in Section 5 -
Payments to the Consultant.
SECTION 5 - PAYMENTS TO THE CONSULTANT
5.1. Methods of Payment for Services and Expenses of Consultant
5.1.1. For Basic Services. Agent shall pay Consultant for. Basic Services as set forth in
Attachment B, "Basic Services to be Provided by the Consultant," attached hereto and made a
part of this agreement rendered under Section 1 as follows:
5.1.1.1. A lump sum fee of $165,150.00 for all Basic Services furnished under Section 1 and as
set forth in Attachment B.
5.1.1.2. The lump sum amount shall be allocated to the phases of the Project as set forth in
Attachment E, "Lump Sum Fee Distribution to Consultant," attached hereto and made a part of
this agreement.
5.1.2. For Additional Services. Agent shall pay Consultant for work rendered under Section 4 -
Additional Services in accordance with the provisions of the Supplemental Agreement to
Consulting Services Agreement pertaining to the service provided.
5.2. Times of Payments
Page 4 of 12
3.3. If the Agent requests change to work previously completed by the Consultant and
accepted by the Agent, the Consultant shall make such changes as directed by the Agent. This
will be considered additional work and paid for as specified in Section 4 - Additional Services.
SECTION 4 - ADDITIONAL SERVICES
4.1. When authorized by a supplemental Agreement, the Consultant will furnish additional
services as listed in Attachment D, "Additional Services to be Provided by the Consultant,"
attached hereto and made a part of this agreement.
4.1.1. Compensation for such services will be in accordance with Section 5 - Payments to the
Consultant.
4.2. If the Consultant is of the opinion that any work Consultant has been directed to perform
is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly
notify the Agent in writing prior to performing the extra work.
4.2.1. In the event the Agent finds that such work does constitute extra work, the Agent shall so
advise the Consultant, in writing, and pursuant to a supplemental Agreement shall provide extra
compensation to the Consultant for doing this work as additional services covered in Section 5 -
Payments to the Consultant.
SECTION 5 - PAYMENTS TO THE CONSULTANT
5.1. Methods of Payment for Services and Expenses of Consultant
5.1.1. For Basic Services. Agent shall pay Consultant for Basic Services as set forth in
Attachment B, 'Basic Services to be Provided by the Consultant," attached hereto and made a
part of this agreement rendered under Section 1 as follows:
5.1.LI. A lump sum fee of $165,150.00 for all Basic Services finished under Section 1 and as
set forth in Attachment B.
5.1.1.2. The lump sum amount shall be allocated to the phases of the Project as set forth in
Attachment E, "Lump Sum Fee Distribution to Consultant," attached hereto and made a part of
this agreement.
5.1.2. For Additional Services. Agent shall pay Consultant for work rendered under Section 4 -
Additional Services in accordance with the provisions of the Supplemental Agreement to
Consulting Services Agreement pertaining to the service provided.
5.2. Times of Payments
Page 4 of 12
subcontracting the same with a subcontractor, the Consultant shall take all steps necessary and
appropriate to ensure that said subcontractor indemnifies the Sponsor, Agent, and at the option of
the Consultant, the Consultant for liability arising from any acts or omissions of said
subcontractor, it being the express intention of the parties hereto that any liability for said acts or
omissions shall be the responsibility of said subcontractor. In the event that Consultant does not
take such appropriate and necessary steps to ensure the indemnification described in this
provision, Consultant shall assume such liability as is described in this provision, and hereby
agrees to so indemnify the Sponsor or Agent for such acts or omissions of said subcontractor as
are described herein.
6.3. The Consultant shall pay the subcontractor for work performed within 10 days after the
Consultant receives payment for the work performed by the subcontractor. Also, any retained
monies on a subcontractor's work shall be paid to the subcontractor within 10 days after
satisfactory completion of all the subcontractor's work. Completion of the subcontractor's work
shall include test, maintenance and other similar periods that are the responsibility of the
subcontractor.
SECTION 7 - CIVIL RIGHTS COMPLIANCE
7.1. The Consultant shall comply with the provisions of Attachment F, "Special Provision
Contractor Contractual Requirements Title VI Assurances," attached hereto and made a part of
this agreement.
SECTION 8 - DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
8.1. The Consultant shall comply with the provisions of Attachment G, "Disadvantaged
Business Enterprise (DBE) Assurances," attached hereto and made a part of this agreement. For
any additional services DBE goals will be amended and a new plan filed.
SECTION 9 - TERMINATION OF AGREEMENT
9.1. The Agreement may be terminated upon the occurrence of any of the following
conditions:
9.1.1. By mutual Agreement and consent of both parties in writing.
9.1.2. By the Agent by notice in writing to the Consultant as consequence of failure by the
Consultant to perform the services herein set forth in a satisfactory manner and within the limits
provided, with proper allowances being made for circumstances beyond the control of the
Consultant.
Page 6 of 12
9.1.3. By either party, upon the failure of the other party to fulfill its obligations as set forth in
Section 1 - Scope of Services.
9.1.4. By the Agent for reasons of its own and not subject to the mutual consent of the
Consultant by delivering a written Notice of Termination to the Consultant, which shall take
effect on the tenth (1 Oth) day following receipt.
9.1.5. By the condition stipulated in Section 2.7.
9.1.6. By the situation stipulated in Attachment G, Disadvantaged Business Enterprise (DBE).
9.1.7. By the condition stipulated in Attachment H, "Child Support Certification" attached
hereto and made a part of this agreement.
9.1.8. By satisfactory completion of all services and obligations described herein.
9.2. Should the Agent terminate this Agreement, no fees other than fees due and payable at
the effective date of termination, shall thereafter be paid to the Consultant. In determining the
value of the work performed by the Consultant prior to termination, the Agent shall be the sole
judge. Payment for work at termination will be based on work completed at that time.
9.3. If the Consultant defaults in performance of this Agreement or the Agent terminates the
Agreement for fault on the part of the Consultant, the Agent will give consideration to the actual
costs incurred by the Consultant in performing work to date of default, the amount of work
required which was satisfactorily complete to date of default, the value of the work which is
usable to the Sponsor, the cost to the Sponsor of employing another firm to complete the work
required and the time required to do so, and other factors which affect the value to the Sponsor of
the work performed at time of default.
9.4. The termination of this Agreement and payment of an amount in settlement as prescribed
above shall extinguish all right, duties, obligations and liabilities of the Sponsor, Agent, and
Consultant under this Agreement with regard to payment only. If the termination of this
Agreement is due to the failure of the Consultant to fulfill Agreement obligations, the Agent may
take over the project and prosecute the work to completion by Agreement or otherwise. In such
case, the Consultant shall be liable for any additional costs for professional services resulting
from the Consultants default.
SECTION 10 - DISPUTES
10.1. The Consultant shall be responsible for the settlement of all contractual and
administrative issues arising out of procurements made by the Consultant in support of the work
authorized herein.
Page 7 of 12
10.2. Any dispute concerning the work performed hereunder, the cost of work performed
hereunder, or any nonprocurement issue shall be settled in accordance with Title 43, Texas
Administrative Code, Section 1.68, "Contract Claim Procedure."
SECTION 11 - COMPLIANCE WITH LAWS
11.1. The Consultant shall comply with applicable federal, state and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of courts, or administrative bodies
or tribunals in any matter affecting the performance of this Agreement, including, without
limitation, worker's compensation laws, minimum and maximum salary and wage statutes and
regulations, and licensing laws and regulations. When required, the Consultant shall furnish the
Agent with satisfactory proof of Consultant's compliance.
SECTION 12 - INDEMNITY
12.1. The Consultant shall save harmless the State and its officers and employees from all
claims and liability due to activities of itself, its agents, or employees, performed under this
Agreement and which are caused by or result from error, omission, or negligent act of the
Consultant or of any person employed by the Consultant. The Consultant shall also save
harmless the State from any and all expense, including, but not limited to, attorney fees which
may be incurred by the State as a result of such activities by the provider or employees.
12.2 Section 12.1 above is expressly applicable to all items, clauses, codicils, and addenda of
this Agreement.
SECTION 13 - CONSULTANT'S WARRANT
13.1. The Consultant warrants that Consultant has not employed or retained any company or
persons, other than a bona fide employee working solely for the Consultant, to solicit or secure
this Agreement and that Consultant has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, the Agent shall have the
right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement
price or compensation, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
SECTION 14 - SUCCESSORS AND ASSIGNS
14.1. The Sponsor and the Consultant each binds itself, its successors, executors,
Page 8 of 12
administrators and assigns to the other party to this Agreement and to the successors, executors,
administrators, and assigns of such other party in respect to all covenants of this Agreement.
Neither the Sponsor nor the Consultant shall assign, sublet, or transfer its interest in this
Agreement without written consent of the other.
SECTION 15 - INSPECTION OF CONSULTANT'S BOOKS AND RECORDS
15.1. The Agent may, for purpose of termination of the Agreement prior to completion,
examine the books and records of the Consultant for the purpose of checking the amount of the
work performed by the Consultant at the time of Agreement termination. The Consultant shall
maintain all books, documents, papers, accounting records and other evidence pertaining to cost
incurred and shall make such materials available at the Consultant's office during the Agreement
period and for three years from the date of final payment under the Agreement, for inspection by
the Agent, the Federal Aviation Administration and the U.S. Department of Transportation,
Office of Inspector General. The Comptroller General of the United States, or any of its duly
authorized representatives, shall have access to any books, documents, papers and records of the
Consultant which are directly pertinent to this Agreement for the purpose of making audit,
examinations, excerpts and transcriptions.
SECTION 16 - WARRANTIES OF SIGNATORY
16.1. The undersigned signatory or signatories for the Consultant hereby represent and warrant
that the signatory is an officer of the firm for which the signatory has executed this Agreement
and that the signatory has full and complete authority to enter into this Agreement on behalf of
the Consultant. The above -stated representations and warranties are made for the purpose of
inducing the Sponsor to enter into this Agreement.
SECTION 17 - INSURANCE
17. L The Consultant shall procure and maintain insurance for protection from claims under
worker's compensation acts, claims for damages because of bodily injury including personal
injury, sickness or disease or death of any and all employees or of any other person and from
claims or damages because of injury to or destruction of property including loss of use resulting
therefrom. The Consultant shall furnish the Agent a completed Certificate of Insurance provided
and approved by the Agent prior to beginning work under this Agreement.
SECTION 18- ENTIRE AGREEMENT
18.1. This Agreement together with the Attachments, Exhibits and Special Provisions
identified herein constitutes the entire Agreement between the Sponsor and the Consultant and
supersedes all prior written or oral understandings. This Agreement and said Attachments,
Page 9 of 12
Exhibits, and Special Provisions may only be amended, supplemented, modified or canceled by a
duly executed written instrument.
SECTION 19 - CHILD SUPPORT CERTIFICATION
19.1. Under Section 231.006 of the Family Code, the Consultant certifies that the individual or
business entity named in this Agreement is eligible to receive the specified grant or payment and
acknowledges that this Agreement may be terminated and payment withheld if this certification
is inaccurate. The Consultant further acknowledges that he or she has read Attachment G and
has provided the names and social security numbers required therein.
SECTION 20 - APPLICABLE LAW
20.1. Under Section 22.055 (b), Transportation Code, Chapter 22, this Agreement is made
pursuant to the law governing the making of Agreements by or on behalf of the State of Texas.
SECTION 21 — BUY TEXAS
21.1. The Consultant shall buy Texas products and materials for used in providing the services
authorized in this Agreement when these products and materials are available at a comparable
price and in a comparable period of time. When requested by the Agent the Consultant shall
famish documentation of these purchases or a description of good faith efforts to do so.
SECTION 22— DEBT TO THE STATE
22.1. If the Comptroller is currently prohibited from issuing a warrant to the Consultant
because of a debt owed to the State, then the Consultant agrees that any payments owing under
the Agreement will be applied towards the debt or delinquent taxes until the debt or delinquent
taxes are paid in full.
SECTION 23 - VENUE
23.1. Venue for resolution by a court of competent jurisdiction of any dispute arising under the
terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is
specifically set by Agreement of the parties hereto in Travis County, Texas.
Page 10 of 12
IN WITNESS WHEREOF, the parties to this Agreement for Professional Consulting Services
have signed or caused their respective names to
/jj�A day of 2001.
CONSULTANT
0
Title: (`' r U
(Name of Firm)
toc
T (City, State,Zip)
COUNTY OF ar-
3
be signed to triplicate counterparts hereof on the
Name: _Te« . #c V
37 w. 6/L2,< kc�`J
(Address)
ALL - S- d 't--- 3 _S'a o
(Area Code & Phone Number)
Before me, the undersigned authority, on this day personally appeared �C~
known to me to be the Consultant named in this Agreement, or the Cons ant's authorized
representative, and is the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she has authority to execute and has executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office this j j' day of D. 2001.
Notary Public, StHteo issouri
My Commission expires S 2O0
SHERRY J. IRVIN SHERRYJ. IRVIN
Notary Public - Notary Seal
State of Missouri Notary Public - State of MISSowi
County of Jackson County of Jackson
1My-Commission Expires Aug 5, 2004 My Commission Expires Aug 5, 2004
Page 11 of 12
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By: '0 —,/- -� Date: —> � 7 /;�' /
David S. Fulton, Director
Aviation. Division
Texas Department of Transportation
Page 12 of 12
ATTACHMENT A
SERVICES TO BE PROVIDED BY THE AGENT
TxDOT CSJ No.: 0118DNTON
Agent shall do the following in a timely manner so as not to delay the services of the Consultant:
Provide sufficient criteria and information as to the Agent's requirements for the
Project including but not limited to, design objectives, capacity and performance
requirements, and budget constraints; identify design and construction standards
which the Agent will require to be used for the Project.
2. Make available plans, specifications, maps, field notes, aerial photos, previous
reports, statistics, and other data in the Agent's possession relative to the existing
facilities and to the Project.
3. Furnish the Consultant appropriate data in the Agent's or Sponsor's possession
including, but not limited to, soils and foundation investigations, boundary and
other surveys, environmental assessments or environmental impact statements,
and planning or engineering reports.
4. Examine all studies, reports, sketches, drawings, specifications, proposals, and
other documents presented by the Consultant.
5. Designate in writing a person to act as the Agent's representative with respect to
the services to be rendered under this Agreement. Such person shall have
complete authority to transmit instructions, receive information, interpret and
define the Agent's policies and decisions with respect to materials, equipment,
elements and systems pertinent to the Consultant's services, and such other
authority as granted to the representative by the Agent.
6. Give prompt written notice to the Consultant whenever the Agent observes or
otherwise becomes aware of any development that affects the scope or timing of
the Consultant's services, or any defect in the work of the Consultant(s).
I:16I
ATTACHMENT B
BASIC SERVICES TO BE PROVIDED BY THE CONSULTANT
TxDOT CSJ No.: 0118DNTON
Consultant will prepare an Airport Master Plan for the Denton Municipal Airport in accordance
with Federal Aviation Administration Advisory Circular 150/5070-6A, Airport Master Plans, and
other appropriate orders and advisory circulars. Consultant shall provide the Sponsor
professional planning services in all phases of the Project to which this Agreement applies as
hereinafter provided. These services will include serving as the Sponsor's professional planning
representative for the project, providing professional planning consultation and advice incidental
thereto, and attending conferences and meetings with the Agent, FAA, Sponsor, and other
interested parties as needed to review available data and to clarify and define the requirements of
the Project. Following is the detailed "Scope of Services" for the preparation of the Airport
Master Plan after written authorization to proceed with the Project is issued by the Agent.
SPECIFIC ITEMS TO BE ADDRESSED BY THE STUDY:
• New terminal building location and practicality of joint -use with an ATC facility.
• Sponsor interest in the timing and justification of the next runway extension.
• Analysis of current and future helicopter operations.
• Revenue opportunities for surplus property.
A. ANALYSIS OF EXISTING CONDITIONS (INVENTORY)
The Consultant shall:
Attend a kickoff meeting with the Agent and the Sponsor and other interested
parties to present and discuss schedule, technical approach, and specific planning
issues as it pertains to the Project.
2. Identify issues which may influence the master plan's recommendations through
consultation and interviews with airport users and public officials responsible for
policies relating to the airport.
3. Collect previous reports on the Denton Municipal Airport, including historical
airport activity and based aircraft information. Describe how the airport evolved,
its aeronautical role regionally and in the Texas Airport System Plan (TASP), its
place in the community's infrastructure, and its socioeconomic benefits and costs.
4. Develop an inventory of existing facilities and their current condition, including
but not limited to:
a. Runways, taxiways, aprons, and related lighting, marking, signage, and
NAVAIDS.
b. General aviation and other terminal buildings and areas by function.
C. Aviation fuel and aircraft servicing systems.
d. Utilities, including water, gas, electric, telephone, drainage, and sewage.
e. Automobile access to the airport, auto circulation, and parking
Determine the existing and planned or proposed land uses both on and
immediately adjacent to airport property, including height hazard and compatible
land use zoning.
6. Compile information on the use of the airspace and how air traffic is managed.
7. Determine historical meteorological data, including wind direction and velocity,
annual ceiling and visibility conditions, temperature, and precipitation.
8. Obtain elevations of critical points on the airport site by survey as necessary.
B. AVIATION DEMAND FORECASTS
The Consultant shall:
Forecast aviation demand over a twenty-year period horizon (short—term period of
five years, medium —term period of ten years, and long—term period of twenty
years), utilizing data collected in Phase A. Analyses will be based on:
a. Economic growth and changes in industrial activity
b. Demographic trends, including population projections published by the
Texas Water Development Board or an acceptable source, employment,
household income, and geographic distribution
C. Historical trends in number of operations, number and type of based
aircraft, number of commercial and recreational operations
2. Document the following forecasts of aviation demand and methodologies used to
generate them in a technical memorandum:
a. Based aircraft and fleet mix
b. General aviation activity including itinerant and local activity, annual
instrument approaches, transient versus based aircraft usage ratios, and
runway end utilization patterns
C. Military activity
d. Air cargo and air taxi activity
e. Peak load activity
f. Surface vehicular activity
3. Delineate the service area and determine the appropriateness of the current
functional role of the Denton Municipal Airport in the TASP in accordance with
the TxDOT, Aviation Division "Policies and Standards".
4. Conduct interviews with businesses, industrial firms, and other airport users, as
required.
5. Conduct a survey of pilots/registered owners/business users in the City of Denton
and surrounding areas to determine the potential demand for improved airport
facilities.
6. Aerial Photography: Perform controlled aerial photography of the airport
including all areas underlying the FAR Part 77 imaginary surfaces on an as
needed basis. Provide Agent with a copy of aerial photography negative plus three
(3) copies of 9"x9" contact print with airport centered in frame. This photograph
should be at 1:12,000 scale for airports with a single runway 5000' or less in
length or 1:24,000 for airports with a single runway more than 5000' in length or
for airports with multiple runways.
C. FACILITY REQUIREMENTS
The Consultant shall:
Identify airport requirements that will be required over the twenty—year planning
period based on the determination of the functional role of the airport and the
demand forecasts developed in Phase B. The analyses will consider:
a. Airside capacity, annual service volume, and peak period characteristics
b. Landside capacity of terminal area, parking, and roadways
C. New facility concepts to meet future demand
d. Feasibility of facility concepts based on schedule, cost, financing,
operational characteristics, safety, and convenience
e. FAA and TxDOT, Division of Aviation airport standards
t41
f. Potential use of "surplus" airport property
2. Determine the airport facilities that are required at logical points over the twenty-
year planning horizon (short—term period of five years, medium —term period of
ten years, and long—term period of twenty years) based on thresholds of activity,
including property and easement acquisition.
3. Prepare an interim report encompassing the information generated in Tasks A
through C. Twenty -Two copies of the Phase I report will be prepared (Twenty for
the sponsor and Two for the Agent).
4. Attend a project/public meeting with the Agent and Sponsor to discuss the
Inventory, Forecasts, and Facility Requirements.
D. DEVELOPMENT ALTERNATIVES
The Consultant shall:
Determine if the existing Denton Municipal Airport can accommodate all the
proposed improvements based on the forecast and facility requirements developed
in the earlier tasks and provide the needed aviation capacity.
2. Propose airfield development alternatives that can accommodate all the proposed
improvements based on the forecast and facility requirements developed in the
earlier tasks.
3. Establish a set of criteria for which the alternatives will be evaluated and an
assignment of the relative importance to each criterion. Criterion will include but
not be limited to:
a. Safety and efficiency of aviation operations
b. Ability to accommodate expected general aviation demand
C. Acceptability to users, the TxDOT, FAA, and the community at large
d. Land availability and ownership
C. Environmental factors
f. Airspace/ obstruction requirements
g. Consistency with areawide plans
h. Political, jurisdictional, and implementation factors
i. Economic feasibility
j. Accessibility
!3!
4. Prepare a preliminary airport layout and interim report encompassing Task D to
illustrate the Consultant's general development recommendations and document
the progress to date. Twenty -Two copies of the Phase II report will be prepared
(Twenty for the sponsor and Two for the Agent).
Attend a project/public meeting with the Agent and Sponsor to discuss the
preliminary airport layout and Development Alternatives.
E. ENVIRONMENTAL OVERVIEW
The Consultant shall:
1. Review current conditions and previous reports to establish a baseline for any
subsequent environmental and/or permitting requirements.
2. Investigate the following potential environmental concerns:
a. Noise sensitive receptors near the airport.
b. Sensitive biota, including wildlife and endangered species
C. Section 4f lands, prime farmland, and protected habitat, such as wetlands
d. Historical and archeological sites
e. Areas susceptible to air or water pollution by airport construction activities
f. Potential water resources impacts, including flood hazard
g. Possible displacement of residences, farms, or businesses
3. Identify those development recommendations that may require further
environmental study along with possible mitigation strategies.
F. AIRPORT PLANS
After determining the preferred development plan, the Consultant shall:
1. Prepare an Airport Layout Plan according to the most current FAA Advisory
Circular 150/5300-13 guidelines, using the computer -aided drafting program
AutoCAD to facilitate revisions and transfers to other systems. The plan will
show existing facilities and the proposed facilities developed in Phase D, and will
include but not be limited to:
a. Runways, taxiways, buildings, NAVAIDS, parking areas, roads, lighting,
fueling facilities, tie -down areas, and other prominent airport features with
dimensions
lim
FA
3.
b. Trees, streams, power lines, towers, and other prominent natural features
C. Airport boundaries, runway protection zones, easements, and other areas
controlled by the City of Denton for aviation purposes
d. Adjacent non -airport property, with land use specified
e. Areas reserved for future aviation and non -aviation development
f. Topographic contours
g. Location and vicinity maps
h. Wind information
i. Basic data table showing all pertinent airfield data
Develop or update the following drawings as maps or overlays as needed:
a. Inner portion of the Approach Surface Drawing and Runway Protection
Zone drawing, showing imaginary surfaces specified under Federal
Aviation Regulations, Part 77 (including existing and proposed approach
slopes in plan and profile views, any height or slope projection required by
local zoning), runway protection zones, approach zones and surfaces, and
all existing obstructions, with measures for their removal or marking
b. Property Map (Exhibit A), showing property ownership or interest in each
tract within the existing and ultimate airport boundaries, indicating how
and when the property was obtained. Consultant will use existing property
information provided by TxDOT. This task does not include a new
boundary survey or title search.
C. Building or Terminal Area Plan, showing existing buildings and possible
expansions, auto parking areas, aircraft parking and maneuvering areas,
immediate terminal access and service roads
d. Airport Access Plan, showing existing and proposed auto routes to the
airport from the City of Denton and the region, from connecting highways,
and from other origins as appropriate
e. Land Use Plan, showing future aviation and non -aviation —related land
uses
f. Airport Airspace Drawing showing all 14 CFR Part 77 Subpart C surfaces
based on ultimate runway lengths, small scale profile views of ultimate
Part 77 Subpart C approaches and obstruction data tables
Submit two hard -copy plots of the Airport Layout Plan drawings at a scale of
between 200 and 600 feet to the inch, in 22" by 34" format to the Agent for
review and approval.
W.,
G. RECOMMENDED DEVELOPMENT PLAN EXECUTION (FINANCE,
OPERATIONAL, AND IMPLEMENTATION PLANS)
The Consultant shall:
Develop a schedule and costs (including funding sources) for executing each of
the recommendations of the Airport Master Plan including design, construction,
and land acquisition. The schedule will be developed according to the projected
demand and the desired level of service.
2. Evaluate the economic feasibility of the proposed airport development (including
industrial and commercial) and its potential costs compared to its projected
revenues. Estimate the amount of annual debt service and operating expenses that
will most closely match annual revenue. Evaluate the appropriateness of airport
lease rates and other user charges.
3. Prepare a financial plan to recommend how capital and revenue can be made
available to support airport development. Develop a preferred plan and alternative
strategy, evaluating each for its requirements for investment, timing and overall
costs and benefits.
4. Develop a strategy for the economic enhancement of the airport.
5. Conduct an economic benefit study which will measure and analyze economic
impacts of Denton Municipal Airport. The three primary impact indicators: (a)
employment, (b) payroll, and (c) economic activity (operating expenses or
expenditures by firms and government agencies). In addition, the report will
include an estimate of the economic benefits from based aircraft, including an
analysis of use for business and personal travel and outlays by aircraft owners.
The study will also measure the induced (or multiplier) effects of the primary
impacts, using the Regional Input -Output Multiplier System (RIMS II) developed
by the U.S. Department of Commerce. The airport economic benefit
methodologies are consistent with those recommended by AOPA and FAA and
will provide a reasonable basis of comparison with other airports across the
nation. Basic data will be collected from surveys of airport employers and
tenants, based aircraft owners, and travelers arriving by general aviation aircraft.
The following categories of economic impact will be analyzed:
a) Direct impacts of suppliers of aviation services.
(1) Airport concessionaires
(2) Ground transportation
(3) Air cargo and courier
(4) Government agencies
lim
(5) Fixed base operators
(6) General aviation aircraft owners
(7) Charter or air taxi operations and helicopter services
b) Direct impacts of manufacturing fines or other major aviation -related
employers on or nearby the airport.
c) Indirect impacts of aviation from expenditures by travelers and tourists that
arrive in the area by air.
d) Impacts of aviation on the various sectors of the local economy not necessarily
involved in air transport, due to multiplier effects as aviation dollars are spent
and re -spent.
e) Estimate of tax revenues created by aviation activity.
6. Prepare a draft final report encompassing the information generated in Tasks E
through G. Twenty -Two copies of the Phase III report will be prepared (Twenty
for the sponsor and Two for the Agent).
Attend a project/public meeting with the Agent and Sponsor to discuss the
Environmental Overview, Airport Plans, and Recommended Development Plan
Execution.
H. DELIVERABLES- MASTER PLAN DOCUMENTS
The Consultant shall:
Prepare a draft final report encompassing tasks A through G for final Sponsor and
Agent review. Twenty -Two copies will be submitted (Twenty copies to the
Sponsor and two copies to the Agent). At the request of the sponsor, attend a g�y
Council Meeting to present the results of the Airport Master Plan for their
approval.
2. Incorporate final comments and produce Thirty copies of the final report. Twenty -
Five copies will be submitted to the Sponsor and Five copies to the Agent.
3. Prepare five hundred (500) executive summary brochures. These brochures are to
be produced once the airport master plan document has been approved.
I. DELIVERABLES- AIRPORT LAYOUT PLAN
Submit two (2) blueline copies of the draft ALP to Agent for initial review. Upon
lm
completion of any changes which may be necessary after initial review, submit two (2) additional
blueline copies of updated draft ALP to Agent for second review. Upon completion of any
changes which may be necessary after second review and upon authorization from Agent, submit
ten (10) blueline copies of final draft ALP to Agent for FAA airspace review. Upon completion
of any changes, which may be necessary after FAA airspace review and upon authorization from
Agent, submit three (3) polyester film (Mylar) copies of final ALP to sponsor for signature by
appropriate representative. Sponsor will return the three (3) signed polyester film (Mylar) copies
to Consultant. Consultant will submit three (3) polyester film (Mylar) copies of final ALP plus
3'/2" disk(s) or CD containing the latest AutoCAD Release drawing files of all necessary
components of final ALP to Agent. The three (3) polyester film (Mylar) copies will be signed
(approved) by the Agent Director. Two (2) signed copies will be returned to the Consultant.
Consultant will forward one (1) signed copy and three (3) blueline copies to the sponsor and
retain the other signed copy for its files. Consultant will make ten (10) blueline copies and
submit to Agent for its files and distribution the FAA.
LIM
ATTACHMENT C
WORK SCHEDULE
TxDOT CSJ No.: 0118DNTON
Iy:IGINVfell Its) Mh0677Z614)M) IE
Mo.l Mo.2 Mo.3 MoA Mo.5 Mo.6 Mo.7 Mo.8 Mo.9 Mo.10 Moil Mo.12
........ I ........ I ......... I ......... I ......... I ......... I ........ I ......... I ......... I ......... I ......... I ......... I
A. Analysis of Existing Conditions (Inventory)
--------------�
B. Aviation Demand Forecasts
C. Facility Requirements
♦O❖
D. Development Alternatives
---------------------- I
♦13
E. Environmental Overview
I---------------------- I
F. Airport Plans
I---------------- I
G. Development Plan Execution
------------------ I
♦O❖
H. MP Deliverables
I ----------------- I
I. ALP Deliverables
I-----------------------
* Legend
♦ Project Meeting
O Public Meeting
❖ Technical Memorandum or Report
Note: Project schedule may vary depending on time necessary for Agent and Sponsor review.
C-1
ATTACHMENT D
ADDITIONAL SERVICES TO BE PROVIDED BY THE CONSULTANT
TxDOT CSJ No.: 0118DNTON
If authorized by supplemental Agreement by Agent, Consultant shall furnish or obtain from
others additional services of the types listed hereinafter. These services are not included as part
of the Basic Services to be Provided by the Consultant. Compensation for additional services
will be in addition to compensation for services performed under Section 1 - Scope of Services.
Boundary, land, and right-of-way surveys, establishment of monuments; and,
related office computations and drafting.
2. Preparation of property or easement descriptions and related drawings.
Assistance to the Agent and Sponsor as an expert witness in any litigation with
third parties arising from the development or construction of the project.
4. Appearance before regulatory agencies.
5. Preparation of Environmental Impact Assessment Reports and assistance to the
Agent in preparing for and attending public hearings.
6. Preparation of site selection studies
Additional copies of reports, plans, specifications, and documents above the
number specified to be furnished under the Basic Services.
8. Travel and subsistence for the Consultant and Consultant's staff beyond that
normally required under the Basic Services, when authorized by the Agent.
9. Preparation of feasibility or ratemaking studies.
10. Any other services required for the project, authorized in writing
by the Agent, and not otherwise provided for in this Agreement.
11. Obtain airport property information not provided or available to/by TxDOT or the
sponsor. This may include a Property Title Search, Boundary Survey, or any other
means to obtain necessary information which is needed to adequately complete
the airport property map drawing.
D-1
ATTACHMENT E
LUMP SUM FEE DISTRIBUTION TO THE CONSULTANT
TxDOT CSJ No.: 0118DNTON
Subject to the limitations of Section 5, and other provisions of this Agreement the lump sum fee
for Basic Services as provided under Section 5 - Payments to the Consultant shall be distributed
on the basis of the following percentages of the total lump sum fee for the phases of the Project.
A. Analysis of Existing Conditions (Inventory)
8.75 percent
B. Aviation Demand Forecasts
16.76 percent
C. Facility Requirements
12.50 percent
D. Development Alternatives
11.45 percent
E. Environmental Overview
6.43 percent
F. Airport Plans
9.13 percent
G. Development Plan Execution
21.94 percent
H. Master Plan Deliverables
9.90 percent
1. Airport Layout Plan Deliverables
3.14 percent
TOTAL
100 percent
E-1
ATTACHMENT F
SPECIAL PROVISION
CONTRACTOR CONTRACTUAL REQUIREMENTS
TITLE VI ASSURANCES
TxDOT CSJ No.: 0118DNTON
During the performance of this contract, the contractor, for himself, its assignees and successors
in interest (hereinafter referred to as the "contractor" agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the regulations relative
to 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 referred to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurement of materials and leases of equipment.
The contractor shall not participate either directly or indirectly in the discrimination prohibited
by section 21.5 of the Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontractors, Including Procurement of Materials and Equipment. In
all solicitations either by competitive bidding or negotiation made by contractor for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds
of race, color, or national origin.
4. Information and Reports. The contractor 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 Agent or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance
with such Regulations, orders, and instructions. Where any information required of a contractor
is in the exclusive possession of another who fails or refuses to furnish this information, the
contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Agent shall impose such contract sanctions as
it or the FAA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the contractor under the contract until the contractor
F-1
complies, and/or
(b) cancellation, termination, or suspension of the contract, in whole or in part.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as the Agent or the FAA may direct
as a means of enforcing such provisions including sanctions for noncompliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or supplier as a result of such direction, the contractor may request the Agent to
enter into such litigation to protect the interests of the Agent and Sponsor and, in addition, the
contractor may request the United States to enter into such litigation to protect the interests of the
United States.
F-2
ATTACHMENT G
DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
TxDOT CSJ No.: 0118DNTON
1. Policy. It is the policy of the United States Department of Transportation (DOT) that
Disadvantaged Business Enterprises (DBE), as defined in 49 CFR Part 26, Subpart A, be given
the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with
Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 26
apply to this agreement.
2. DBE Obligations. The contractor will offer DBEs, as defined in 49 CFR Part 26, Subpart
A, the opportunity to compete fairly for contracts and subcontracts financed in whole or in part
with Federal funds provided under this agreement. In this regard, all contractors will make a
good faith effort in accordance with 49 CFR Part 26 to meet the contract DBE goal. Contractors
shall not discriminate on the basis of race, color, national origin, or sex in the award and
performance of DOT -assisted contracts. The Contractor shall carry out applicable requirements
of 49 CFR Part 26 in the award and administration of DOT assisted contracts. The requirements
of this provision shall be physically included in any subcontract.
3. Project DBE Participation Goal and Good Faith Effort. The bidder/proposer shall make
good faith efforts, as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the
Secretary of Transportation, to subcontract 0 percent of the dollar value of the prime contract
to DBEs. A bidder for this solicitation that qualifies as a DBE, may receive credit toward the
DBE goal for work performed by his/her own forces and work subcontracted to DBEs. The DBE
bidder must report any subcontracts to non -DBEs. The apparent successful competitor will be
required to submit information concerning the DBE(s) that will participate in the contract.
Eligible DBEs are firms certified as such by the Department in accordance with 49 CFR Part 26.
The information will include: (1) the name and address of each DBE; (2) a description of the
work to be performed by each named firm; and (3) the dollar value of the work of the contract. If
the bidder fails to achieve the contract goal stated herein, it will be required to provide
documentation demonstrating that it made good faith efforts in attempting to do so. A bid that
fails to meet these requirements will be considered nonresponsive. If the Director of Aviation
determines that the apparent successful competitor has failed to meet the good faith effort
requirements, they will be given an opportunity for reconsideration by the Director of the
Construction Division.
4. Counting DBE Participation Toward Meeting the Goals. The Texas Department of
Transportation through the Division of Aviation, hereinafter called the "Agent," will count DBE
participation toward the goals in accordance with the guidelines outlined below.
a. Once a firm is determined to be an eligible DBE under 49 CFR Part 26, the total
amount paid to the DBE for work performed with his/her own forces is counted toward the DBE
goal. When a DBE subcontracts part of the work of its contract to another firm, the value of the
G-1
subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE.
Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. An eligible
DBE is defined for this program as one that is currently certified by the Texas Department of
Transportation.
b. The Agent and its contractors will count toward the DBE goals a portion of the
total dollar value of a contract with a certified DBE joint venture equal to the distinct, clearly
defined portion of the work of the contract performed by the DBE.
C. Only expenditures to the DBE that performs a commercially useful function in the
work of a contract will be counted toward the DBE goals. A DBE is considered to perform a
commercially useful function when it is responsible for execution of the work of the contract and
carrying out its responsibilities by actually performing, managing, and supervising the work
involved. To determine whether a DBE is performing a commercially useful function, the Agent
and its contractors will evaluate the amount of work subcontracted, industry practices, and other
relevant factors. When a DBE is presumed not to be performing a commercially useful function,
the DBE may present evidence to rebut this presumption.
d. Consistent with normal industry practices, a DBE may enter into subcontracts. If
a DBE contractor subcontracts a significantly greater portion of the work of the contract than
would be expected on the basis of normal industry practices, the DBE shall be presumed not to
be performing a commercially useful function. The DBE may present evidence to the Agent to
rebut this presumption.
e. The Agent and its contractors will count toward the DBE goals 60 percent of
expenditures for materials and supplies required under a contract and obtained from a DBE
regular dealer, and 100 percent of such expenditures obtained from a DBE manufacturer.
f. For purposes of this DBE program, a manufacturer is a firm that operates or
maintains a factory or establishment that produces on the premises the materials, supplies,
articles or equipment required under the contract and of the general character described by the
specifications. Brokers, packagers, manufacturers' representatives or persons who arrange or
expedite transactions shall not be regarded as manufacturers.
g. For purposes of this DBE program, a regular dealer is a firm that owns, operates,
or maintains a store, warehouse, or other establishment in which the materials, supplies, articles
or equipment of the general character described by the specifications and required under the
contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of
business. To be a regular dealer, the firm must be an established regular business that engages in,
as its principal business, and in its own name, the purchase and sale of the products in question.
A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need
not keep such products in stock, if it owns or operates distribution equipment for the product.
Brokers, packagers, manufacturers' representatives or other persons who arrange or expedite
ti
transactions shall not be regarded as regular dealers. Any supplementing of regular dealers own
distribution equipment shall be by a long-term lease agreement and not on an adhoc or contract -
by -contract basis.
h. The Agent and its contractors may count toward the DBE goals the following
expenditures to DBE firms that are not manufacturers or regular dealers provided that the fee or
commission is determined by the Agent to be reasonable and not excessive as compared with
fees customarily allowed for similar services:
(1) The fees or commissions charged by a DBE for providing a bona fide
service, such as professional, technical, consultant or managerial services, and assistance in the
procurement of materials or supplies required for performance of the contract, provided that the
fee or commission is determined by the Agent to be reasonable and not excessive as compared
with fees customarily allowed for similar services.
(2) The fees charged for delivery of material and supplies required on a job site
(but not the cost of the materials and supplies themselves) when the hauler,
trucker, or delivery service is not also the manufacturer or a regular dealer in
the materials and supplies.
(3) The fees or commission charged for providing any bonds or insurance
specifically required for the performance of the contract.
5. Conditional Award. If the successful bidder for a federal -aid contract is determined to be
acceptable, the Agent will conditionally award the contract. The condition of the award is that
within 14 days after the date of the award, the bidder must finish to the Agent names and
addresses of the DBE subcontractors that are intended to be used, a description of the work each
subcontractor is to perform, the dollar value of each proposed subcontract, and a tentative
agreement for each DBE fine submitted, signed by an officer of the contractor and an officer of
the proposed DBE firm. A contractor who does not meet the contract goal, in whole or in part,
must submit within the 14 days, documentation showing the steps taken to obtain DBE
participation ("Good Faith Effort").
Such documentation is to be submitted directly to the Agent's Grant Administrator. The Agent's
Grant Administrator will evaluate the contractor's documented efforts and will determine
whether or not they constitute compliance with the contract DBE requirements and are
acceptable. Should the bidder to whom the contract is conditionally awarded refuse, neglect or
fail to meet the goals or furnish acceptable documentation, the bid bond filed with the bid may
become the property of the State, not as a penalty, but as liquidated damages to the Agent.
6. Conditional Acceptance of Proposal. If the successful proposer for a federal -aid
professional services contract is determined to be acceptable, the Agent will conditionally accept
the proposal. The condition of the acceptance is that prior to the execution of a professional
eac'.
services contract, the proposer must furnish to the Agent names and addresses of the DBE
subcontractors that are intended to be used, a description of the work each subcontractor is to
perform, the dollar value of each proposed subcontract, and a tentative agreement for each DBE
firm submitted, signed by an officer of the contractor and an officer of the proposed DBE firm.
A professional service provider who does not meet the contract goal, in whole or in part, must
submit prior to execution of the contract, documentation showing the good faith efforts made to
meet the DBE goal.
Such documentation is to be submitted directly to the Aviation Division. TxDOT's Aviation
Division will evaluate the professional service provider's documented efforts and will determine
whether or not they constitute compliance with the contract DBE requirements and are
acceptable. If the Director of the Aviation Division determines that the professional service
provider has failed to meet the good faith effort requirements, the professional service provider
will be given an opportunity for reconsideration by the Director of the Construction Division.
Should the professional service provider whose proposal has been conditionally accepted
refused, neglect or fail to make a good faith effort to meet the goals or furnish acceptable
documentation, the Agent may then conditionally accept the proposal of the second selected
proposer.
7. Required Reporting of DBE Participation. The contractor shall submit on a monthly
basis reports of DBE participation to meet the goal and for race -neutral DBE participation, and
submit a final report on the completion of the project. Only actual payments made to DBEs are to
be reported. Reports for race -neutral DBE participation on contracts with no DBE goal are
required.
8. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
DBE requirements of this contract, the Agent may impose one or more of the following
contract sanctions :
a. cancellation, termination or suspension of the contract, in whole or in part, and/or
b. withholding of payments to the contractor under the contract until the contractor
complies, and/or
C. other remedies as FAA or the Agent deems appropriate.
G-4
t
ATTACHMENT H
CHILD SUPPORT STATEMENT
FOR NEGOTIATED CONTRACTS AND GRANTS
TxDOT CSJ No.: 0118DNTON
Under Section 231.006, Family Code, the vendor or applicant
certifies that the individual or business entity named in this
Agreement, bid, or application is eligible to receive the specified
grant, loan, or payment and acknowledges that this Agreement may
be terminated and payment may be withheld if this certification is
inaccurate.
List below the name and social security number of the individual or sole
proprietor and each partner, shareholder, or owner with an ownership interest of at
least 25% of the business entity submitting the bid or application.
A —
Section 231.006, Family Code, specifies that a child support obligor who is more
than 30 days delinquent in paying child support and a business entity in which the
obligor is a sole proprietor, partner, shareholder, or owner with an ownership
interest of at least 25 percent is not eligible to receive payments from state funds
under a Agreement to provide property, materials, or services; or receive a state -
funded grant or loan.
A child support obligor or business entity ineligible to receive payments described
above remains ineligible until all arreage have been paid or the obligor is in
compliance with a written repayment Agreement or court order as to any existing
delinquency.
Except as provided by Section 231.302(d), Family Code, a social security number
is confidential and may be disclosed only for the purposes of responding to a
request for information from an agency operating under the provisions of Parts A
and D of Title IV of the federal Social Security Act (42 USC Section 601-617 and
651-669).
H-1
GSD, 10-95