2012-037s:Uegal\our documentslordinances\121airport wildlife tacdot 2012.doc
ORDINANCE NO. 2O 12-037
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN
ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION
RELATING TO AN AIRPORT IMPROVEMENT GRANT TO DEVELOP A WILDLIFE
MANAGEMENT PLAN FOR DENTON AIRPORT; AUTHORIZING THE CITY MANAGER
TO EXPEND FUNDS PROVIDED FOR IN THE GRANT PROGRAM; AND DECLARING AN
EFFECTIVE DATE (TXDOT CSJ No.: 1218DNTON).
WHEREAS, the City of Denton intends to make certain improvements to the Denton
Municipal Airport; and
WHEREAS, the Ciry of Denton intends to request fmancial assistance from the Texas
Department of Transportation ("TxDOT") for these improvements; and
WHEREAS, total project cost are estimated to be $100,000, and the City of Denton will be
responsible for 10 percent of the total project costs currently estimated to be $10,000; and
WHEREAS, the City of Denton names the TxDOT as its agent for the purposes of applying
for, receiving and disbursing all funds for these improvements and for the administration of
contracts necessary for the implementation of these improvements; and
WHEREAS, the City Council deems the acceptance of this Agreement with TxDOT to be
in the public interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton, or his designee, is hereby authorized
to execute on behalf of the City of Denton an acceptance of an offer from the TxDOT relating to a
grant for a Wildlife Management Plan, a copy of such grant being attached hereto and made a part
hereof for all purposes (the "Grant Agreement").
SECTION 2. The City Manager is hereby authorized to expend such funds as are provided
for in the Grant Agreement and to take all actions necessary to implement the Grant Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �/�day of ��'LGL , 2012.
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s;llegal\our documentslordinances112\airport wildlife txdot 2012.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
APPRO�ED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
r
BY:
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
T�OT CSJ No.: 1218DENT'N
T�OT Project No.: AP DENTON 3
T�OT Contract No. : 2XXAV073
Commission Approval: Apri126, 2012
DUNS: 071380190
C.F.D.A.:20.106
Part I- Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
This Agreeinent is made and entered into 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").
The Sponsor desires to sponsor a project for the development of a public aviation facility,
known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982,
as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter
referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant to;
and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon
Supp).
The proj ect is described as planning services to: conduct wildlife assessment 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 this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the proj ect 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 Agreernent and its acceptance of this Offer as
Page 1 of 34
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 costs incurred in accomplishing the project, ninety percentum of all allowable
project costs. This grant is made on and subject to the following terms and conditions:
Part II- Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs determined by the State to be
ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Aim. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that total project costs will be approximately $100,000 (Amount A). It is
further estimated that approximately $100,000 (Amount B) of the project costs wi11 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.
3. The maximum obligation of the United States payable under this offer shall be $90,000
(Ainount 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 this 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 worl� to include items outside of the current determined needs of tlus
proj ect. 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, andJor local funds.
4. It is estimated that the Sponsor's share of the total project costs will be $10,000 (Amount
D). The Sponsor specifically agrees that it shall pay any project costs, which exceed the
sum of the federal share (Amount C).
It is further agreed that the Sponsar will reimburse the State for any payment or payments
Page 2 of 34
made by the State in behalf of the Sponsor which 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.
5. If tl�ere is an overrun in the eligible project costs, the State may increase the grant to cover
the amount of overrun not to exceed the statutory twenty-five (25%) percent limitation, and
will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned
amendment, the maximum obligation of the United States is adjusted to the amount
specified and the Sponsor will remit their share of the increased grant 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. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
Uy 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.
I�i addition, the Sponsor shall disclose the source of all funds for the project and its ability
to fmance 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 fail to
pay the obligation, either in whole or in part, within 30 days of written demand, the State
inay 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 rernedies it has at law or equity.
Page 3 of 34
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification of Auport Fund, attached and
rnade a part of this Agreement; and
b. it will comply with the Attachment B, Airport Assurances (3/2011)(State Modified
3/2011), attached and rnade a part of this Agreement; and
c. it will, in the operation of the facility, comply with all applicable state and federal
laws, niles, regulations, procedures, covenants and assurances required by the State
of Texas or the FAA in connection with the federal grant; and
d. 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 rnade or acquired
under tlus project shall be operated, repaired and maintained in a safe and
serviceable manner far the useful life of said improvements, ilot to exceed 20 years;
and
e. consistent with safety and security requirements, it shall make the airport or air
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
f. 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
g. 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
h. it will not permit or enter into any arrangement that results in permission for the
owner or tenant of a property used as a residence, ar zoned far residential use, to taxi
an aircraft between that property and any location on airport; and
i. it will acquire all property interests identified as needed for the purposes of this
proj ect 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
Page 4 of 34
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
j. the Sponsar shall submit to the State annual statements of airport revenues and
expenses as requested; and
k. 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 sha11 be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites).
1. an Airport Fund sha11 be established by resolution, order or ordinance 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
fiind 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
inoneys identified in the fund as a whole. All fees, charges, reiits, and money froln
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
m. for federally funded projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport fund and used for airport
operations; and
n. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
o. 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 iinmediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in Tex. Loa 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 Sponsar. Sponsar 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
ordinance or order approved by the State; and
p. it wi11 provide upon request of the State, the engineering or planning consultant,
Page 5 of 34
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
this project, to enter private property for purposes necessary to this project; and
r. 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 Sponsar.
A reproducible copy of such plan, and all subsequent modifications, shall be filed
with the State for approval; and
s. it shall talce 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 which Federal and State funds have been
expended. Far the purposes of this grant agreement, the tei-�n "funds" means funds,
however used or disbursed by the Sponsar 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 funds recovered by settlement, order or judgment, to the
State. It shall furnish to the State, upon request, all documents and records
pertaining to the deterxnination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts talcen to recover such funds. All settlernents
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 which 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 time frame of the project, a sufficient interest (easement or otherwise) in any other
property which may be affected by the project.
3. 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 claiins and liability due to activities of the
Sponsor, the Sponsor's agents or employees performed under this 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 claim or liabilities
which might be imposed on the State as the result of such activities by the Sponsor, the
Sponsor's agents or employees.
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, and the
Page 6 of 34
Agreement shall comprise a contract, constituting the obligations and rights of the State of
Texas and the Sponsor with respect to the accornplishrnent 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.
5. 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.
6. The Sponsor shall have on file with the State a current and approved Attorney's Certificate
of Auport Property Interests and Exhibit A property map.
7. The Sponsor shall have on file with the State, Attachment C, Certification Regarding Drug-
Free Workplace Requirements, attached and made part of this agreement.
Part IV- Nomination of the Agent
L 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 reimburseinent to either of
the parties far 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.
3. 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 proj ect
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;
b. receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
c. 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 Sponsor's
share.
Page 7 of 34
Paying Agent:
d. 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 planning services for, but not limited to, the preparation of planning
studies; 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
tlus proj ect;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project worlc 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 engineer,
contractor, or materialman, the State shall issue a written order, which sha11 prevail
and be controlling;
h. coordinate and review project plans; coordinate and conduct progress and final
inspections.
PART V - Recitals
1. The State and the Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all 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 improvements as specified in
or iiecessitated by this Agreement.
3. The Sponsor agrees to pursue and enforce contract iteins, 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
Page 8 of 34
property or injury to persons which may arise from, or be incidental to, compliance with
this grant agreement.
5. 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, which the Sponsor may
enter into or assume, or have entered into or have assumed, in regard to the above project.
6. If the Sponsor fails 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;
c. Notification that consideration will be given to termulating 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. Tlus Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
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 failed, 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 Sponsor's 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
State's 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.
b. Venue for resolution by a court of cornpetent jurisdiction of any dispute arising
under the terms of this Agreement, or for enforcement of any of the provisions of
Page 9 of 34
this Agreement, is specifically set by Agreement of the parties in Travis County,
Texas.
8. 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.
9. 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 Sponsar 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 Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreeinent shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall cornprise a Grant Agreernent, as provided by the
Title 49 U.S.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
coinpliance with the assurances and conditions as provided.
12. The state auditor may coilduct an audit or investigation of any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, ullder the direction of
the legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subj ect of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the
i�lvestigation or audit.
Page 10 of 34
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
refened to in the Agreement, and does accept the Offer, and agrees to all of the tenns alid
conditions of the Agreeinent.
Executed this �L'7'�" day of 1 V t0�-�/ , 20 ��.
, �
Witn ss Signature
,�� �
Witness Title
The City of Denton, Texas
Sponsor
,j 7
��� ��
Sponsor Signature
Sponsor Title
Certificate of Sponsor's Attorney
�iC�'
�� c��.� �
I, /4n i���o���s , acting as attorney for � p,` vr� ,
Texas, do certify that I have fully examined the Agreement and the proceedings taken by the
Sponsor relating, and iind that the manner of acceptance and execution, of the Agreement Uy the
Sponsor, is in accordance with the laws of the State of Texas.
Dated at �,,,�(.�-, � , Texas, this �(`�`�- day of , 20 �;�
� �
Witness Signature
�. \��1I � , (, �
� �'l�i,.SJ`� e. �r v Q ��ri 5 �I�--�
Witness Title
Page 11 of 34
i � �, �
Attorney Signatur
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 wark programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
B �� .
Y•
�avid S. Fulton, Directo�
.�iviation Division
�ex�s Department of Trans�or��ti«�
�
Date: � � 1 � r I �
Page 12 of 34
ATTACHMENT A
CERTIFICATION OF AIRPORT 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 fund 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 fund as a whole.
Date: J� l� Z
Page 13 of 34
I�
i,
ATTACHMENT B
Part V
ASSiJRANCES Airport Sponsors March 2011
A. General.
l. These assurances shall be complied with in the performance of grant agreements for airport
development, auport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part ofthe project application by sponsors requesting funds
underthe provisions ofTitle 49, U.S.C., subtitle VII, as amended. As used herein, the term "public
agency sponsor" ineans a public agency with control of a public-use airport; the term "private
sponsor" ineans a private owner of a public-use airport; and the tenn "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part ofthis grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor. The terms, conditions and assurances of this grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired far an airport
development or noise compatibility program project, or throughout the useful life ofthe project items
u�stalled within a facility under a noise compatibility progra�n project, but in any event not to exceed
twenty (20) years fi•om the date of acceptance of a grant offer of Federal funds for the proj ect.
However, there shall be no lunit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the auport is used as an airport. There shall be no lunit on the durafion of the
teilns, conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The
preceding paragraph 1 also applies to a private sponsor except that the useful life of project items
installed within a facility or the useful life of the facilities developed or equipment acquired under
an airport development or noise compatibility program project shall be no less than ten (10) years from
the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only
Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The
terms, conditions, and assurances of this grant agreement shall remain in full force and effect during
the life ofthe project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
grant that:
Page 14 of 34
1 General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requireinents as they relate to the application,
acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq•�
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq•
d. Hatch Act — 5 U.S.C. 1501, et seq.Z
e. Unifoi7n Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title
42 U.S.C. 4601, et sea.12
f. National Historic PreservationAct of 1966 - Section 106 -16 U.S.C. 470( fl.'
g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469 through 469c. �
h. Native F,mericans Grave Repatriation Act - 25 U.S.C. Section 3001, et se�c .
1. Clean Air Act, P.L. 90-148, as ainended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.�
1. Title 49, U.S.C., Section 303, (formerly known as Section 4( fl)
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discriinination Act of 1975 - 42 U.S.C. 6101, et seq•
p. Ainerican Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.l
T. Power plant and Indusfial Fuel Use Act of 1978 - Secrion 403- 2 U.S.C. 83 73. I
S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.l
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea•'
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq•z
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Einployinent Opportunityl
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Manageinent
Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 -
Seismic Safety ofFedetal andFederally AssistedNew Building Construction�
Executive Order 12898 - Environmental Justice
Page 15 of 34
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforceinent Procedures.
b. 14 CFR Part 16 - Rules of Pracrice For Federally Assisted Airport Enforcement
Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part l- Procedures for predeterinination of wage rates.l
e. 29 CFR Part 3- Contractors and subcontractors on public building or public work financed
in whole or part by loans or grants from the United States. �
f. 29 CFR Part 5- Labor standards provisions applicable to contracts covering federally
financed and assisted construction (also labor standards provisions applicable to non-construction
contracts subject to the Contract Work Hours and Safery Standards Act).1
g. 41 CFR Part 60 - Office ofFederal Contract Compliance Progra�ns, Equal Einployment
Opportunity, Department of Labor (Federal and federally assisted contracting requirements).�
h. 49 CFR Part 18 - Uniform adminislxative requirements for grants and cooperative
agreements to state and local governments 3
1. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimniation in federally-assisted progra�ns of the Deparnnent of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvarrtage Business Enterprise in Airport Concessions.
1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for
Federal and federally assisted programs. t z
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of
Transportation Programs.
11. 49 CFR Part 27 - Nondiscrunination on the basis of handicap in programs and activities
receiving or benefiting froin Federal financial assistance.l
o. 49 CFR Part 29 — Govermnent wide debarment and suspension (nonprocurement)
and goveminent wide requirements for drug-free workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countries that deny procureinent marlcet access to U.S. contractors.
q. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated new building
construction.'
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b. A-133 - Audits of States, Local Govemments, andNon-Profit Organizations
t These laws do not apply to airport planning sponsors.
Page 16 of 34
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
Govemments receiving Federal assistance. Any requirement levied upon State and Local
Governments by this regulation and circular shall also be applicable to private sponsors
receiving Federal
assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations
or circulars are incorporated by reference in this grant agreeinent.
Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and ca�ry
out the proposed project; that a resolution, �norion or siinilar action has been duly adopted or
passed as an official act of the applicant's governing body authorizing the filing of the
application, including all understandings and asswances contained therein, and directing
and authorizing the person identified as the official
representative of the applicant to act in connection with the application and to provide
such additional infonnation as may be required.
b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out
the proposed project and comply with all tenns, conditions, and assurances ofthis grant
agreement It shall designate an official representative and shall in writing direct and authorize
that person to file this application, including all understandings and assurances contained
therein; to act in connection with this application; and to provide such additional
information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of
the project costs which are not to be paid by the United States. It has sufficient funds available to assure
operation and maintenance of items funded under this grant agreement which it will own ar control.
Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the
Secretaiy, to the landing area of the airport or site thereo� or will give assurance satisfactory
to the Secretaly that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion ofthe property upon which
Federal funds will be expended or will give assurance to the Secretary that good title will be
obtained.
Preserving Rights and Powers.
It will not take or pennit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the tenns, conditions, and
assurances in this grant agreeinent without the written approval of the Secretary, and will act
proinptly to acquire, e�inguish or
Page 17 of 34
modify any outstanding rights or claims of right of others wluch would interfere with such
performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or
other interests in the properiy shown on Exhibit A to tlus application or, for a noise
compatibility program project, that portion of the property upon which Federal funds ha�e
been expended, for the duration of the terms, condirions, and assurances in this grant
agreeinent without approval by the Secretary. If the transferee is found by the Secretary to
be eligible under Title 49, United States Code, to asswne the obligations of this grant agreement
and to have the power, authority, and financial resources to carry out all such obligations,
the sponsor shall insert in the contract or document transferring or disposing of the
sponsar's interest, and make binding upon the transferee all of the tenns, conditions, and
assurances contained in this grant agreement.
C. For all noise compatibility progi�un projects which are to be carried out by another unit of local
goverrunent or are on properiy owned by a unit of local government other than the sponsor,
it will enter into an agreeinent with that govemment. Except as otheiwise specified by the
Secretary, that agreement shall obligate that government to the salne terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise coinpatibility program project. That agree�nent and changes thereto
must be satisfactory to the Secretary. It will talce steps to enforce this agreement against the
local goverrunent if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it
will enter into an agreement with the owner of that properiy which includes provisions
specified by the Secretary. It will take steps to enforce this agreement against the properiy
owner whenever there is substantial non-compliance with the tenns of the agreement.
e. If the sponsor is a private sponsor, it will talce steps satisfactory to the Secretary to ensure
that the airport will continue to function as a public-use airport in accordance withthese
asswances forthe dtnation ofthese assurances.
f. If an arrangement is made for inanagement and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance Title 49, United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangeinent also requires
compliance therewith.
g. It will not permit or enter into any arrangeinent that results in pennission for the owner or
tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft
between that property and any location on airport.
Page 18 of 34
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the tune of
subinission ofthis application) ofpublic agencies that are authorized by the State in which the project is
located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interes� It has given fair consideration to the interest of communities in or near
where the project may be located.
S. Consultation with Users. In making a decision to undertake any airport development project
under Title 49, United States Code, it has undertaken reasonable consultations with affected parties
using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major
runway extension, it has afforded the opportunity for public hearings for the purpose of considering the
econoinic, social, and environmental effects of the airport or runway location and its consistency with
goals and objectives of such planning as has been carried out by the corrununity and it shall, when
requested by the Secretary, subinit a copy of the transcript of such hearings to the Secretaty. Further,
for such projects, it has on its management board either voting representation from the communities
where the project is located or has advised the cotmnunities that they haue the right to petition the
Secretary concenvng a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location it will provide for the Governor of the state in which the project is
located to certify in writing to the Secretary that the project will be located, designed, constructed, and
operated so as to comply with applicable air and water quality standards. In any case where such
standards have not been approved and where applicable air and water quality standards have been
proinulgated by the Ad�ninistrator ofthe Envirotunental Protection Agency, certification shall be oUtained
from such Adminish�ator. Notice of certification or refusal to certify shall be provided within sixty days
after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the
replacement or reconstruction of pa�ement at the airport, it assures or certifies that it has unpleinented
an effective airport pa�ement maintenance-management program and it assures that it will use such
prograin for the useful life of any pavement constructed, reconstructed or repaired with Federal
financial assistance at the airport. It will provide such reports on paveinent condition and
paveinent management programs as the Secretary detennines inay be useful.
12. Terminal Development Prerequisites. For projects which include terminal developinent at a public
use airport, as defined in Title 49, it has, on the date of submittal ofthe project grant application, all the
safety equipment required for certification of such airport under section 44706 of Title 49, United
States Code, and all the security equipment required by rule or regulation, and has provided for
Page 19 of 34
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
]3 Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient ofthe proceeds of this grant, the total cost of the proj ect in
connection with which this grant is given or used, and the amount or nature of that portion
of the cost of the project supplied by other sources, and such other financial records perrlannent to
the project. The accounts and records shall be lcept in accordance with an accounting system
that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
It shall make available to the Secretary and the Coinptroller General ofthe United States, or any
of their duly authorized representatives, for the purpose of audit and exatnuiation, any
books, docwnents, papers, and records of the recipient that are pertinent to this grant. The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the
disposition of the proceeds of a grant or relating to the project in connection with which
this grant was given or used, it shall file a certified copy of such audit with the Comptroller
General of the United States not later than six (6) inonths following the close of the fiscal
year for which the audit was made.
Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for
work on any projects funded under this grant agreement which involve labor, provisions establishing
ininimum rates of wages, to be predetennined by the Secretary of Labor, in accordance with the
Davis-Bacon Act, as a�nended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and
unsltilled labor, and such minimum rates shall be stated in the invitation for bids and sha11 be
included in proposals or bids for the work.
]5 Veteran's Preference. It shall include in all contracts for worlc on any project
funded under this grant agreement which involve labor, such provisions as are necessary to insure that,
in the einployinent of labor (except in executive, adininistrative, and supervisory positions),
preference shall be given to Veterans ofthe Vietnam era and disabled veterans as defined in Section
47112 of Title 49, United States Code. However, this preference shall apply only where the
individuals are available and qualified to perfoiln the work to which the employment relates.
16 Conformity to Plans and Specifications. It will execute the project subject to
' plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be subinitted to the Secretary prior to cotrunenceinent of site preparation, construction,
or other performance under this grant agreement, and, upon approval of the Secretary, shall be
incorporated into this grant agreement. Any inodification to the approved plans, specifications, and
Page 20 of 34
schedules shall also be subjectto approval ofthe Secretary, and incorporated into this grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the consiruction site throughout the project to assure that the work conforins to
the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the
construction work on any project contained in an approved project application to inspection and
approval by the Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such cost and progress
reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18 Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in
the project application or with the modifications similarly approved.
b. It will fumish the Secretary with such periodic reports as required pertaining to the
planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning proj ect a
notice that the material was prepared under a grant provided by the United States.
d. It will malce such mateiial available for examination by the public, and agrees that no material
prepared with funds under this project shall be subj ect to copyright in the United States or
any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connecrion with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as well as
the right to disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use ofthe sponsor's employees to do all
or any part ofthe project.
h. It understands and agrees that the Secretary's approval ofthis project grant or the Secretaty's
approval of any planning material developed as part of this grant does not constitute or
unply any assurance or cormnihnent on the part of the Secretary to approve any pending or
future application for a Federal airport grant.
1� Operation and Maintenance.
a The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United States, shall be
operated at all tiines in a safe and serviceable condition and in accordance with the
minimtun standards as may be required or prescribed by applicable Federal, state and local
agencies for maintenance and operation. It will not cause or permit any activity or action
thereon
which would interfere with its use for airport purposes. It will suitably operate and maintain
the airport and all facilities thereon or connected therewith, with due regard to clunatic and
flood conditions. Any proposal to teinporarIly close the airport for non-aeronautical purposes
inust first Ue approved by the Secretary. In furtherance of this assurance, the sponsor will
have in effect arrangements for-
1� Operating the airport's aeronautical facilities whenever required;
2� Proinptly inarlang and lighting hazards resulting froin aiiport conditions,
including temporary conditions; and
3) Promptly notifying aumen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated
for aeronautical use during temporary periods when snow, flood or other climatic
conditions interfere with such operation and maintenance. Further, nothing herein
Page 21 of 34
shall be construed as requiring the maintenance, repair, restoration, or replaceinent
of any structure or facility which is substantially damaged or destroyed due to an
act of God or other condition or circumstance beyond the control of the sponsor.
It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds ha�e been expended.
20. Hazard Removal and Mitigation. It will talce appropriate action to assure that such tenninal airspace
as is required to protect instrwnent and visual operations to the airport (including established minimlun
flight altitudes) will be adequately cleared and protected by reinoving, lowering, relocating, marking, or
lighting or otherwise mitigating existing airport hazards and by preventing the establishment or
creation of future airport hazards.
21. Compatible Land Use. It will talce appropriate action, to the extent reasonable, including the adoption
of zoning laws, to restrict the use of land adjacent to or in the iinmediate vicinity ofthe airport to
activities and purposes compatible with normal airport operations, including landing and takeoff of
aircraft. In addition, ifthe project is for noise compatibility progatn implementation, it will not cause or
perinit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to
the airport, of the noise compatibility progratn ineasures upon which Federal funds ha�e been
expended.
22. Economic Nondiscrimination.
a. It will inake the airport available as an airport for public use on reasonable terms and without
unjust discrunination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, cont�•act, lease, or other arrangement under which a right or privilege at
the airport is granted to any person, firin, or corporation to conduct or to engage in any
aeronautical activity for fumishing services to the public at the airport, flie sponsor will insert
and enforce provisions requiring the contractor to-
Page 22 of 34
1� fumish said services on a reasonable, and not unjustly discriminatory,
basis to all users thereof, and
2� charge reasonable, and not unjustly discriininatory, prices for each unit ar service,
provided that the contractor may be allowed to make reasonable and
nondiscruninatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
C. Each fuced-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniforn�ly applicable to all other fixed-based operators making the sa�ne
or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air can•ier using such airport (whether as a tenant, non tenant, or subtenant of another
air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable
iules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are applicable to a11 such
air carriers which make similar use of such airport and utilize sunilar facilities, subject to
reasonable classifications such as tenants or non tenants and signatoiy camers and non
signatory carriers. Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations substantially sirnilar to
those already iinposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person,
firm, or corparation operating aircraft on the airport from perfonning any seroices on its own
aircraft with its own employees [including, but not limited to maintenance, repair, and fueling]
that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the sa�ne conditions as would apply to
the furnishing of such services by coirunercial aeronautical service providers authorized
by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions
to be met by all users ofthe airport as may be necessary for the safe and efficient operation of
the airport.
i. The sponsor may prohibit ar limit any given type, kind or class of aeronautical use of the
airport if such action is necessary far the safe operation ofthe airport or necessary to serve the
civil aviationneeds ofthe public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a
Page 23 of 34
single fixed-based operator shall not be construed as an exclusive right ifboth ofthe following apply:
a. It would be unreasonably costly, burdensotne, or impractical for more than one fixed-based
operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-
Uased operator and such airport. It further agrees that it will not, either directly or indirectly,
grant or pennit any person, finn, ar corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not lunited to charter flights, pilot training,
aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and
suiveying, air carrier operations, aircraft sales and services, sale of a�iation petroleum
products whether or not conducted in conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities which because of
their direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will termir►ate any exclusive right to conduct an aeronaurical activity now
existing at such an airport before the grant of any assistance under Title 49, United States
Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services
at the airport which will make the airport as self-sustaining as possible under the circumstances
exisring at the particular airport, taking into account such factors as the voluine of traffic and
econoiny of collection. No part of the Federal share of an airport developinent, airport planning or
noise compatibility project for which a grant is made under Title 49, United States Code, the
Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges
for users of that airport.
25. Airport Revenues.
All revenues generated by the airport and any local ta�ces on aviation fuel
established after December 30, 1987, will be expended by it for the capital or operating costs
of the airport; the local airport system; or other local facilities which are owned or operated
by the owner or operator of the airport and which are directly and substantially related to
the actual air transportation of passengers or property; or for noise initigation purposes on
or offthe airport. Provided, however, that if covenants or assurances in debt obligations
issued before September 3, 1982, by the owner or operator ofthe airport, or provisions
enacted before September 3, 1982, in governing statutes controlling the owner or operator's
financing, provide for the use of the revenues from any of the airport owner or operator's
facilities, includ'mg the airport, to support not only the auport but also the airport owner or
operator's general debt obligations or other facilities, then this limitation on the use of all
revenues generated by the airport (and, in the case of a public airport, local taxes on
aviation fuel) shall not apply.
b. As part ofthe annual audit required under the Single Audit Act of 1984, the sponsor will
direct that the audit will review, and the resulting audit report will provide an opinion
concerning, the use of airport revenue and taxes in pa��agraph (a), and indicating whether
funds paid or transferred to the owner or operatar are paid or transferred in a manner
consistent with Title 49, United States Code and any other applicable provision of law,
including any regulation promulgated by the Secretary or Adininistrator.
c. Any civil penalries or other sanctions will be nnposed for violation of this assurance in
accordance with the provisions of Section 47107 of Title 49, United States Code.
Page 24 of 34
2� Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports a�ailable to the public; make
auailable to the public at reasonable tunes and places a report of the airport budget in a
format prescribed by the Secretary;
b. for airport development projects, make the airport and all an•port records and docuinents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other insh-uments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request;
C. for noise compatibility program projects, make records and docuinents relating to the
project and continued compliance with the terms, conditions, and assurances ofthis grant
agreement including deeds, leases, agreements, regulations, and other instruments, available
for inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make
a�ailable to the public following each of its fiscal years, an annual report listing in detail:
1� all amounts paid by the airport to any other unit of goverrunent and the purposes for
which each such payinent was made; and
2� all services and property provided by the airport to other units of govemment and
the amount of compensation received for provision of each such service and
property.
27. Use by Government Aircraft. It will malce available all of the facilities of the
airport developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Goverrunent aircraft in common with other aircraft at all times
without charge, except, if the use by Govemment aircraft is substantial, charge may be made for a
reasonable share, proportional to such use, for the cost of operating and inaintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using
agency, substantial use of an airport by Goverrunent aircraft will be considered to exist when operations
of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere
with use of the landing areas by other authorized aircraft, or during any calendar month that —
a. Five (5) or more Govemment aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft
is 300 or inore, or the gross accumulative weight of Govemment aircraft using the airport (the
total movement of Goverrunent aircraft multiplied by gross weights of such aircraft) is in
excess of five inillion pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Govermnent for use in
connection with any air traffic control or air na�igation activities, or weather-reporting and
coirnnunication activities related to air tra�ic control, any areas of land or water, or estate therein, or
rights in buildings ofthe sponsor as the Secretaiy considers necessary or desuable for construction,
operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas
or any portion thereof will be made available as provided herein within four montl�s after receipt of a
written request fiom the Secretary.
29. Airport Layout Plan.
a. It willlceep up to date at all tnnes an airport layout plan of the airport showing (1)
boundaries of the airport and all proposed additions thereto, together with the boundaries of all
o�'site areas owned or controlled by the sponsor for airport purposes and proposed additions
thereto; (2) the location and nature of all e�sting and proposed airport facilities and
Page 25 of 34
structures (such as runways, taxiways, aprons, tenninal buildings, hangars and roads),
including a11 proposed e�ensions and reductions of existing airport facilities; and (3) the
location of all existing and proposed nonaviation areas and of all existing nnprovements
thereon. Such airport layout plans and each amendment, revision, or modification thereof,
shall be subject to the approval of the Secretary which approval shall be evidenced by the
signature of a duly authorized representative of the Secretary on the face ofthe airport
layout plan. The sponsor will not make or pennit any changes or alterations in the auport or
any of its facilities which are not in conforinity with the airport layout plan as approved
by the Secretary and which inight, in the opinion of the Secretary, adversely affect the safety,
utility or efficiency of the airport.
If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally owned, leased,
ar funded property on or o$'the airport and which is not in confonnity with the airport layout
plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary
(1) eliininate such adverse effect in a manner approved by the Secretary; or (2) bear all
costs of relocating such property (or replacement thereo fl to a site acceptable to the Secretary
and all costs of restoring such properiy (or replacement thereo fl to the level of safety, utility,
efficiency, and cost of operation existing before the unapproved change in the airport or its
facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the
grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in
any activity conducted with or benefiting from funds received from this grant. This assurance
obligates the sponsor for the period during which Federal financial assistance is extended to the progra�n,
except where Federal financial assistance is to provide, or is in the fonn of personal property or real
property or interest therein ar structures ar improvements thereon in which case the assurance
obligates the sponsor or any hansferee far the longer ofthe following periods: (a) the period during which
the property is used for a purpose for which Federal financial assistance is extended, or for another
purpose involving the provision of similar services or benefits, or (b) the period during which the
sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise coinpatibility purposes, it will dispose of
the land, when the land is no longer needed for such purposes, at fair market value, at the
earliest practicable tune. That portion of the proceeds of such disposition which is
proportionate to the United States' share of acquisition of such land will, at the discretion
of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be
reinvested in an approved noise compatibility project as prescribed by the Secretary,
including the purchase of nonresidential buildings or properiy in the vicuuty of
residential buildings ar property previously purchased by the airpoi�t as part of a noise
coinpatibility program.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of
such land at fair market value or make available to the Secretary an aznount equal to the
United States' proportionate share ofthe fair marketvalue ofthe land. That portion ofthe proceeds
of such disposition which is proportionate to the United States' share of the cost of
acquisition of such land will, (1) upon application to the Secretary, be reinvested in
another eligible airport improvement project or projects approved bythe Secretary atthat
airport or within the national airport system, or (2) be paid to the Secretary for deposit in
the Trust Fund ifno eligible project exists.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it
Page 26 of 34
may be needed for aeronautical purposes (including runway protection zones) or serve as
noise buffer land, and (2) the revenue from interim uses of such land contributes to the
fmancial self-sufficiency of the airport. Further, land purcl�ased with a grant received by an
airport operator or owner before Deceinber 31, 1987, will be considered to be needed for
airport purposes if the Secretary ar Federal agency making such grant befare December
31, 1987, was notified by the operator or owner of the uses of such land, did not object to
such use, and the land continues to be used for that purpose, such use having commenced no
later than December 15, 1989.
Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation of any interest or right therein necessary to ensure that such land will only be
used for purposes which are compatible with noise levels associated with operation of the
airpoi�t.
32. Engineering and Design Services. It will award each contract, or sub-contract for program
manageLnent, construction management, pl�uluig shzdies, feasibility studies, architeciural services,
prelnninary engineering, design, engineering, surveying, mapping or related services with respect to
the proj ect in the saine manner as a contract for architectural and engineering services is negotiated
under Title IX ofthe Federal Properiy andAdininistrative Services Act of 1949 or an equivalent
qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any
project which uses any product or service of a fareign country during the period in which such foreign
country is listed by the United States Trade Representative as denying fan• and equitable market
opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not lnnited to the
advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated (the latest
approved version as ofthis grant offer) and included in this grant, and in accordance with applicable
state policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real properiy, to
the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49
CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in
Subpart B. (2) It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payinents and assistance to displaced persons as required
in Subpart D and E of 49 CFR Part 24. (3) It will make a�ailable within a reasonable period oftune
prior to displacement, comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maxnnwn extent
practicable, intercity buses or other modes oftransportation to have access to the airport; however, it
has no obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discruninate on the basis of race, color,
national origin or sex in the award and perfonnance of any DOT-assisted contract or in the
adininistration of its DBE prograin or the requirements of 49 CFR Part 26. The Recipient shall talce
all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrnnination in the award and
adininistration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part
26, and as approved by DOT, is incorporated by reference in this agreement. Impleinentation of
this program is a legal obligation
Page 27 of 34
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to
the recipient of its failure to carry out its approved program, the Department may impose sanctions as
provided for under Part 26 and may, in appropriate cases, refer the inatter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Reinedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. Ifthe airport owner or operator and a person who owns an aircraft agree that a
hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport
owner or operator will grant to the aircraft owner for the hangar a long tenn lease that is subject to
such terms and conditions on the hangax as the airport owner or operator may nnpose.
39. Competitive Access.
a. If the airport owner or operator of a inediuin or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to accoimnodate one or inore
requests by an air carrier for access to gates or other facilities at that airport in order to allow
the air carrier to provide service to the an•port or to expand service at the airport, the auport
owner or operator shall transmit a report to the Secretary that-
1 � Describes the requests;
2) Provides an explanation as to whythe requests could not be accoinmodated;
and
3) Provides a tune frame within which, if any, the airport will be able to
accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the request(s) in the six month period prior to the
applicable due date.
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND
PFC APPROVED PROJECTS
Dated: 6/2/2010
View the most current versions of these ACs and any associated changes at:
http://www.faa.qov/airports airtraffic/airports/resources/advisory circulars
NUMBER TITLE -'
70/7460-1 K Obstruction Marking and Lighting
150/5000-13A Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Re uirements for Air orts Surface Movement Sensors
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B Airport Master Plans
Chan e 1 �
150/5070-7 The Airport System Planning Process
150/5200-28D Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30C Airport Winter Safety and Operations
Page 28 of 34
150/5200-33B Hazardous Wildlife Attractants On or Near Airports
150/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Fire and Rescue Communications
150/5210-13B Water Rescue Plans, Facilities, and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing
150/5210-15A Airport Rescue & Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVS)
150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-13B Runway SurFace Condition Sensor Specification Guide
150/5220-16C Automated Weather Observing Systems for Non-Federal Applications
Page 29 of 34
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2010
� ' - - -
'NUMBER 'TITLE ; � ' '
150/5220-17A Design Standards for an Aircraft Rescue Firefighting Training Facility
and Chan e 1
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
E ui ment and Materials
150/5220-20 and Airport Snow and Ice Control Equipment
Chan e 1
150/5220-218 Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Im airments
150/5220-22A En ineered Materials Arrestin S stem EMAS for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5300-13 Airport Design
and
Chan es 1 —15
150/5300-14B
Desi n of Aircraft Deicin Facilities
150/5300-16A General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Surve
150/5300-17B General Guidance and Specifications for Aeronautical Survey Airport
Ima er Ac uisition
150/5300-18B General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System
GIS Standards
150/5320-5C
and Surface Drainage Design
Chan e 1
150/5320-6E
Air ort Pavement Desi n and Evaluation
150/5320-12C
and Changes 1 Measurement, Construction, and Maintenance of Skid Resistant Airport
throu h 8 Pavement SurFaces
150/5320-14 Airport Landscaping for Noise Control Purposes
Page 30 of 34
__ _ _ __ __ __. __. _ _.
NUMBER ' TITL�
150/5320-15A Management of Airport Industrial Waste
150/5325-46 Runway Length Requirements for Airport Design
150/5335-5A Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1 J Standards for Airport Markings (Change 1&2)
and
Chan e 2
150/5340-5C Segmented Circle Airport Marker System
150/5340-18E Standards for Airport Sign Systems
150/5340-30D Design and Installation Details for Airport Visual Aids
150/5345-3F Specification for L821 Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
Specification for L824 Underground Electrical Cable for Airport Lighting
1505345-7E Circuits
150/5345-10F Specification for Constant Current Regulators Regulator Monitors
150/5345-12E Specification for Airport and Heliport Beacon
150/5345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Air ort Li htin Circuits
150/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D Specification for Wind Cone Assemblies
150/5345-28F Precision Approach Path Indicator (PAPI) Systems
150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction
Boxes and Accessories
150/5345-43F Specification for Obstruction Lighting Equipment
150/5345-44H Specification for Taxiway and Runway Signs
150/5345-45C Low-Impact Resistant (LIR) Structures
Page 31 of 34
NUMBER TITLEr
150/5345-46D Specification for Runway and Taxiway Light Fixtures
150/5345-47B Specifications for Series to Series Isolation Transformers for Airport
Li htin S stem
150/5345-49C Specification L854, Radio Control Equipment
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51A Specification for Discharge-Type Flasher Equipment
150/5345-52A Generic Visual Glideslope Indicators (GVGI)
150/5345-53C Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-1884, Power and Control Unit for Land and Hold Short
150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56A Specification for L-890 Airport Lighting Control and Monitoring System
ALCMS
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12E Airport Signing and Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities
and Chan e 1
150/5370-2E Operational Safety on Airports During Construction
150/5370-10E Standards for Specifying Construction of Airports
Use of Nondestructive Testing Devices in the Evaluation of Airport
150/5370-11A Pavement
150/5380-6B Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-2B Heliport Design
150/5390-3 Vertiport Design
150/5395-1 Seaplane Bases
Page 32 of 34
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
DATED: 6/2/2010
__. _ _ __ _ _ __ _
NUMBER TITLE !
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport
Grant Pro'ects
150/5100-15A Civil Rights Requirements for the Airport Improvement Program
150/5100-17
and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement
throu h 6 Pro ram Assisted Pro'ects
150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 Airfield Pavement SurFace Evaluation and Rating (PASER) Manuals
150/5370-6D Construction Progress and Inspection Report—Airport Grant Program
Change 1-4
150/5370-12A Quality Control of Construction for Airport Grant Projects
150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-7A Airport Pavement Management Program
150/5380-8A Handbook for ldentification of Alkali-Silica Reactivity in Airtield Pavements
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 6/2/2010
Announcement of Availability — Passenger Facility Charge (PFC)
Application
150/50D0-12 (FAA Form 5500-1)
Page 33 of 34
ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORI�PLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a diug-fiee workplace by:
(a) Publishuig a statement notifying employees that the unlawful manufacture, dist�ibution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prolubition:
(b) Establishing an ongoing diug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a diug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees far drug abuse violations occuiring in the workplace;
(c) Maknig it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifynig the employee in the statement required by paragraph (a) that, as a conditioii of employment under
the grant, the employee will-
(1) Abide by tlie tei7ns of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a crinunal drug statute occui�ing
in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency ui writing, wifliin ten calendar days after receiving notice under paragraph (d)(2) fiom
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide norice, 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 far the receipt of such
notices. Notices shall include tlle identiiication number(s) of each affected grant;
(fj Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including ternlination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a d�ug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and ( fl,
B. The gra�itee may insert in the space provided below the site(s) for the perfoimance of work done in connection
with the speciiic grant:
Place of Perfoi7nance (Sheet address, city, county, state, zip code)
�d�� ,�1`f ��-i' �CJ�•
��fl��6Yl , �x, � �o�C� �
Check i ere are work�lace n iile that re not identified here.
Signed: �yvL � f Dated: ` �
Typed Name and Title of Spansor Repr�sentative
Page 34 of 34
Exhibit 2
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
j� George C. Campbell � City Manager �
(Name) (Title)
with the City of Denton designates Andrea Sumner, DTO Operations Coordinator
(Name , Title)
as the City of Denton authorized representative for the 1218DNTON project, who shall have the
authority to malce approvals and disapprovals as required on behalf of the City of Denton.
DESIGNATED REPRESENTATIVE
Mailing Address:
5000 Airport Road
Denton, TX 76207
*Physical/Overnight Address:
5000 Airport Road
Denton, TX 76207
Telephone Number: 940-349-7738
F� Number: 940-349-7289
:
Tit
Citv of Denton, Texas
(Sponsor)
Date: ���/���/�
E-mail Address: andrea.sumner@cityofdenton.com
* ALL GRANT AGREEMENTS ARE SENT BY OVERNIGHT Mf1IL
DESIGNATION OF TXDOT FOR
CONSULTANT SELECTION
I, Andrea Sumner , DTO Operations Coordinator ,
(Name) (Title)
with the City of Denton designate the Texas Department of Transportation, Aviation Division as
the agent for selecting the consultant for 121 SDNTON. The committee is authorized to
determine selection criteria, review proposals of candidate %rms, conduct interviews, if
necessary, and select a firm for the award of the design contract, based on a consensus ranking by
the committee members. The decision of the selection committee will be final unless some
discrepancy is determined to have occurred in the selection process.
The City of .Denton has caused this to be duly executed in its name, this
2/-� day of �.e�1�U�T��/ 20 /� .
City of Denton, Texas
(Sponsor)
� �
By: /�� � i- ..
Tttle: DTO Operations Coordinator
CERTIFICATION OF PROJECT FUNDS
I, Bryan Langley , Chief Financial Officer ,
(Name) (Title)
do certify that sufficient funds to meet the City of Denton's share of project costs as identiiied for
the project and will be available in accordance with the schedule shown below:
SPONSOR FUNDS
Source Amount Date Available
Airport Fund $10,000 February 22, 2012
City of Denton, Texas
(Sponsor)
:
T1tle: Chief Financial Officer
� � (
Date: "�
AGREEMENT
BETWEEN
SPONSOR AND CONSULTANT
FOR
PROFESSIONAL 5ERVICES
TxDOT Contract No.:2X1AV073
TxDUT Project No.:AP DENTON 3
TxDOT CSJ No.:1218DENTN
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 Kleinfelder, Inc., hereinafter called the "Consultant."
WITNESSETH
The Sponsor intends to obtain a Wildlife Hazard Assessment (WHA) at Denton Municipal
Airport hereinafter called the "Project."
The Sponsor desires to obtain professional planning services in connection with said Project,
AGREEMENT
The Sponsor and the Consultant, in consideration of the muival covenants and agreements herein
contained, do mutually agree as fallows:
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 perfarm 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 af this Agreement between the parties hereto, and
the Agent's decisions shalf 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.
I.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 eightteen
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 - PROGRE55
2.2. 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 Federa! 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
ConsultanYs "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
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
Page 2 of 12
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 in sufficient 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.
3.3. If the Agent requests change to work previausly 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.
Page 3 of 12
SECTION 4 - ADDITIONAL SERVICES
4,1. When authorized by a supplemental Agreement, the Consultant will fumish 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 af 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, arzd 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 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
5.2.1. Partial payments shall be made monthly in proportion to those parts of the services that
have been accomplished, as evidenced by monthly statements submitted by the Consultant to the
Agent. In no case sha11 the partial payments be in excess of the value of the services completed
at the time the sta#ement is rendered.
Page 4 of 12
5.2.2. The Consultant shall submit a monthly statement as directed by the Agent showing an
estimate of the Basic Services rendered and the actual approved Additional Services rendered
except for the Deliverable Phase. All payments shall be submitted no later than ninety days after
performing the work or incurring the costs, Deliverable Phase statements shall be submitted only
following completion of all tasks associated with the Deliverable Phase.
5.3. Other 1'rovisions Concerning Payments
5.3.1. Payments to the Consultant for Additional Services rendered will be based upon itemized
and certified statements detailed to show the names of the employees and the time worked.
Monthly statements should include authorized non-salary expenses with supporting itemized
invoices for additional services.
5.3.2. Statements and supporting documents will be submitted to the Agent no more than
monthly. TxDOT provided payments forms must be submitted with or as an Consultant's
statement. Upon receipt and approval of each statement, the Agent shall pay the amount which
is due and payable as provided herein within thirty (30) days of invoice receipt.
5.3.3. Final payment of any money due will be made to the Consultant after satisfactory
completion of all services and obligations covered in this Agreement and acceptance of the work
by the Agent.
5.4. Maximum Amount of Payrnent
The maximum amount allowable for payment under the Professional Engineering Services
Agreement is $87,132.00 for all Basic Services furnished under Section 1 and as set forth in
Attachment B.
SECTION 6 - SUBCONTR.ACTORS
6.1. The Consultant shall not sublet or transfer any portion of the work under this Agreement
unless approved by the Agent. Subcontractors shall comply with the provisions of this
Agreement and aIl state and federal regulations as applicable. Subcontracts, may at the option of
the Agent, require approval of content. The Consultant shall provide to the Agent a copy of the
executed Agreement between the Consultant and subcontractor when requested by the Agent.
6.2, In the event the Consultant provides any of the services set out in this Agreement by
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 liabili#y 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 shatl 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
Page 5 of 12
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 Pravision
Contractor Contractual Requirements Title VI Assurances," attached hereto and made a part of
this agreernent.
SECTION 8- DISADVANTAGED BUSINESS ENTERPRTSE 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.
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 (lOth) day following receipt.
Page 6 of 12
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 agreernent,
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 af 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
re9uired which was satisfactorily complete to date af 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 Consultant's 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.
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. t. The Consultant shall comply with applicable federal, state and local laws, statutes,
Page 7 af 12
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.
11.2. The Consultant certifies that it complies with Attachment I, Certification Regarding
Debarment, Suspension, Ineligibility, and Voluntary Exclusion, attached hereto and made a part
of this agreement, and is not currently prevented from entering into any federally funded
contract.
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 WARR.ANT
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 iide 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 wananty, 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,
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.
Page 8 of 12
SECTION 15 - INSPECTION OF CONSULTANT'S BOOKS AND RECORDS
15.1. The Agent may, for purpose of terminatian of the Agreement prior to completion,
examine the books and records vf 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, excerpt5 and transcriptions.
15.2 The State Auditor may conduct an audit or investigation of any entity receiving funds
from TxDOT directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under this
contract acts as acceptance of the authority �f the State Auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with access
to any information the state auditor considers relevant to the investigation or audit.
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 fu11 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 Sponsar to enter into this Agreement.
SECTION 17 - INSURANCE
17.1. The Consultant shall procure and maintain insurance far 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.
17.2. The state auditor may conduct an audit or investigation or any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
Page 9 of 12
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit cornmittee, to conduct an audit or investigation in connection with those funds.
SECTION 18- ENTIRE AGREEMENT
15.1. 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,
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 5ection 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 5tate 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
furnish 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 vvarrant 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
ta�ces are paid in full.
Page 10 of 12
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 pravisions of this Agreement, is
specifically set by Agreement of the parties hereto in Travis County, Texas.
SECTION 24 - CONSULTANT'S EMPLOYEES
24.1 By executing this contract, the Consultant is certifying that the Consultant does not have
any knowledge that any of its employees or of any employees of a subprovider who are expected
to work under this contract have a relative that is employed by TxDOT unless the Consultant has
notified TxDOT of each instance. The term "relative" refers to a person's great grandparent,
grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great
grandchild, or the grandparent, parent, sibling, child, or grandchild of the person's spouse
IN WITNESS WHEREOF, the parties to this Agreement for Professional Consulting Services
have signed �r caused their re pective names to be signed to triplicate counterparts hereof on the
� day of ��, 2012.
CONSULTANT
By: �i��n�e�c�e � ��,�"�1 1►1e,
(Name af Firm)
Title: �� - 1� a{10Y1� I a'� t��lo� �
�� v i►�� T�C `� 5� fo 3
(City, State, Zip)
��1�T��
Name: �S� � R� 1 Pa�
-«,o� 1�� 5����e �ev�1 �r�J2
(Address) ���'�e `44
Page 11 of 12
�"lZ- �5�,`�--5�0'O
(Area Code & Phone Number)
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared S� � � a;� %
known to me to be the Consultant named in this Agreement, or the Cansultant'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 a.nd seal of office this 17 `' day of , A.D. 2012.
Please see attached
CA Notarial Certificate
for Notarization. N�tary Public, State of Texas
My Commission expires
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.
� �— �7—f Z—
By: . Date:
David S. Fulton, DireCtO�
Aviation Division
Texas Department of Transportatl0�!
Page 12 of 1Z
ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 20, 2012, before me, Muthiah Nachiappan, Notary Public, personally appeared
Khashayar Hadipour AKA Kash Hadipour, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
- - WITNES
MUTHIAH NACHIAPPAN
' Commisslon # 1827742 'gnatul'e
Z; v► Notary Public - Cali(ornia z
z� Los Angeles County D
My Comm. Explres Jan 9, 2013
OPTIONAL
hand and
Muthiah Nachiappan
Notary Public
Though the information be(ow is not required by (ow, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment o f this form to another document.
Description of Attached Document
Title or Type of Document: Agreement Between Sponsor and Consultant for Professional5ervices
Document Date 5igned: 08/17/12 Number of Pages: 12
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer
Signer�5 Name: Khashayar Hadipour AKA Kash Hadipour
0 Individual
❑ Corporate Officer •
❑ Partner — Limited General
❑ Attorney in Fact
❑ Trustor
❑ Guardian or Conservator
❑ Other
Signer Is Representing: $@�f
A1 Live Scan & Notary Services � 553 South Olive Street, Los Angeles, CA 90013
Tel: 213-489-4559 • Fax: 213-489-4840 • E-Mail: a1livescan@pacbell.net • Website: www.a1livescan.com
ATTACHMENT A
SERVICES TO BE PROVIDED BY THE AGENT
TxDOT CSJ No.:1218DENTN
Agent shall do the following in a timely manner so as not to delay the services of the Consultant:
1. Provide sufiicient criteria and information as to the Agent's requirements far the
Project including but not limited to, planning objectives, capacity and performance requirements,
and budget constraints; identify standards which the Agent will require to be used for the Pxoject.
2. Make available plans, specifications, maps, field notes, 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 consulting
reports, previous and existing airport layout plans and other data relative to the Project.
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 poticies 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).
7. Direct the Consultant to provide necessary Additional Services as stipulated in
Section 4 of this Agreement or other services as required.
A-1
ATTACHMENT B
BASIC SERVICES TO BE PROVIDED BY THE CONSULTANT
TxDOT CSJ No.:1218DENTN
SCOPE OF WORK
The Denton Municipal Airport (DTO) WHA will evaluate all areas within the airport property
and adjacent areas, including areas under airport flight patterns that are off airport property.
These areas include: 1} areas that contain abundant food/water and nesting/escape cover; 2)
water features; 3) interior and perimeter fencing; and 4} movement areas including runways,
taxiways, aprons, and associated safety areas and protection zones. The assessment will also
evaluate areas around the airport property that potentially attract hazardous wildlife and ho�c�v
these areas may or may not contribute any wildlife encroachznent issues for the airport. These
azeas could include: waste disposal facilities, storm and waste water management facilities, water
features, agricultural cr�p and livestock production areas, and golf courses. Per the requirements
of 14 CFR Part 139.337 (c)(2) for wildlife assessments, a 12-month assessment will be
conducted to document the quantities, locations, local movements, and daily and seasonal
occurrences of birds and other wildlife using the airport and surrounding area during an annual
cycle.
The following specific tasks will be accomplished for the DTO WHA and WHMP:
Task 1: Background/Literature Review
The wildlife biologist(s) will review necessary information that pertains to DTO and the
surrounding lands. Such information may include the following: 1) FAA Wildlife Strike
Database information for the Airport, 2) airport master and layout Plan, 3) previous airport
projects, such as airport improvement projects, or other environmental studies, and 4)
surrounding land use development maps to identify landfills, lagoons, golf courses, etc, that can
pose a wildlife threat to airport operations.
Task 2: Project Kick-off Meetine
To initiate the WHA project, the wildlife biologist{s) will facilitate a project kick-off ineeting
with DTO staff and stakeholders deemed necessary to attend. During this project kick-off
meeting, we will discuss the project schedule, specifics needs of the WHA, airport access,
security guidelines, and any other pertinent information deemed necessary by the airport. We
will also collect and discuss information from the airport tenants and other stakeholders
regarding wildlife hazard concerns and solutions.
:
Task 3: Initial Site Evaluation
After completion of the project kick-off ineeting, the wildlife biologists will conduct an initial
site evaluation to identify proper survey points and areas of concern such as onsite features that
represent potential wildlife attractants. They will also complete a thorough search of the area
contained within a 5-mile radius of the airport to identify potential off-site wildlife attractants.
During this initial site evaluation, the qualified wildlife biologists will check each proposed
survey point to ensure full coverage of the airport. At each survey point, they will collect GPS
coordinates and a reference phota. A brief summary of the initial findings will be provided to
DTO to summarize the findings of the initial site evaluation.
Task 4: Conductin� the WHA
Based upon the results of the literature review and initial site evaluation, our qualified wildlife
biologists will prepare a study design that meets the requirements of the FAA and one that is
tailored to the specific site conditions at the airport. As discussed above, the study area will
include aIl areas within airport property, areas under airport flight pattern that are off airport
property and a 5-mile radius around airport property (see map on page 7A).The wildlife
biologist(s) will then begin conducting the comprehensive WHA to identify wildlife hazards at
DTO and to determine the factors causing the hazard.
Also, in accordance with FAA standards and guidance, the wildlife biologist(s) will gather the
necessary data, including species present, species abundance, seasonal population trends, peak
wildlife use periods, special wildlife hazard areas, and natural/man-made attractants. Our avian
survey will be based on standardized techniques based upon the North American Breeding Bird
Survey procedures. This method includes point-count surveys being conducted 2 days a month
for 12-months at locations on and near airport property. The wildlife biologist will notify via
email and telephone, the airport manager and TxDOT representative at least one week in
advance of the scheduled survey visit. The wildlife biologist(s) will conduct these bird surveys
within and around the airport routinely at similar times each month for 12-months to quantify the
numbers, locations, local movements, and daiiy and seasonal occurrences of birds (see page 7A).
Surveys will be conducted during dawn and dusk hours when bird activity is at its highest point.
Surveys will focus on recording bird numbers and locations of hazardous species as outlined in
AC 150/5200-33B. It is anticipated that 6-8 point counts will be needed within the airport and an
additional 4-5 points within the 5-mile buffer around the airport (see page 7A). Additional bird
and mammal species will be identified and recorded along with the risk they pose to aircraft
operations. Small mammal surveys will be conducted twice during the 12-month assessment to
document the food source base for birds of prey, These survey events typically consist of 30-50
trap stations placed along a given number of transects that are placed tl�roughout the various
types of habitat. In addition to the small mammal trapping, two large mammal surveys will be
conducted during the 12-month assessment. Spotlight surveys will be performed at night along
predetermined routes. Tracks, scat, sign and incidental observations made during site visits will
also be recorded and summarized in the WHA.
B-2
Task 5: WHA Reporti�
Following the completion of the 12-month assessment, the wildlife biologist(s) will prepare the
assessment report. The report will be prepared for DTO: 1) to comply with 14 CFR Part 139.337;
2) to determine if and what birds and mammals at the airport and surrounding areas create
a hazard for air traffic that frequent its facitities; and 3) as a foundation for starting a WHMP
so that DTO can manage its wildlife problems in the future.
Task 6: Prenaratian of the WHMP (As Needed�
Following the completion of the WHA and as directed by the FAA, the wildlife biologist(s) will
prepare a WHMP that is based upon the findings of the DTO WHA. The comprehensive WHMP
will include: airfield wildlife management protocols and techniques, habitat management,
analysis of airfield patrols, operations and communications procedures, and selected areas where
birds and wildlife tend to congregate and areas adjacent to the perimeter of the airfield. The
WMHP will also include the coordination protocol of wildlife management personnel, airfield
operations staff and aircraft before, during and after flight activities. The WHMP will focus on
the active control procedures for reducing the wildlife hazards at DTO and will review and make
recommendations concerning the development of passive and active control methods for the
airfield.
Task 7: Deliverables
The WHA & WHMP will include the following deliverables: 1) Conduct a comprehensive WHA
over a consecutive 12-month period that will identify factors contributing to wildlife hazards at
DTO. Within 60 days after completing the assessment, a written report describing the assessment
and providing recommendations will be provided to DTO and FAA for review and approval.
The final assessment report will address all FAA concerns/issues to the agency's satisfaction. 2)
Within 4 months of FAA determining a WHMP is required; create such a plan for DTO. A draft
plan will be provided to DTO and FAA for comment and review. The final plan will adclress all
FAA concerns/issues to the agency's satisfaction. 3) Provide assistance in mitigating wildlife
hazards, including coordination with state and local officials to obtain any required permits, as
well as use of control measures on any adjacent private Iand. 4) Provide regular and timely
updates to DTO staff on survey results and preliminary findings and recommendations.
B-3
Work schedule attacl:ed.
ATTACHMENT C
WORK SCHEDULE
TxDOT CSJ No.:1218DENTN
c-t
--_ _ — ___ _ . _--- — . _._�.,.._ ._.. ... .. . ux.,.r,,.�d. .,..,. ..� . _�.,_ _�....�.,�.. _.,.� ��. �._�.�s�_...�.�,._.. ..�..__.,.._..... _...�.
_ _.__.____. �.,.w,x.. � ,�.�...... :, , .._�,, .. w.._...r�,.. �.�,, ..-- :. :��,�.. ��
sa,
Sample Denton Municipal Airport WHA/WHMP Project Schedule
Projaci:OCntnn Milnici�>al A�rport WiIdL1e hklta�d 4%caamenVPlnn
naoumo Slnrt Sep�embcr 7. 2017
Senediilc prapo�ed by: Rick Jorres
Dale: Jury 9. 2412
.,-w�..�.,en,�•� . . . . .. . . .. . .. . . . . .. . . - _. _ _ .. _ .. .
�
ATTACHMENT D
ADDTTIONAL SERVICES TO BE PROVIDED BY THE CONSULTANT
TxDOT CSJ No.: 121$DENTN
If authorized by supplemental Agreement by Agent, Consultar►t 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.
Preparation of property or easement descriptions and rela#ed drawings.
3. 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. Appeazance 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
nortnally 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.
�
ATTACHMENT E
LUMP SUM FEE DISTRTBUTION TO THE CONSULTANT
TxDOT CSJ No.: 1218DENTN
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 lump sum fee for the phases of the Project.
Task 1: Background/Literature Review $ 2,150
Task 2/3: Project Kick-off Meeting & Initial Site Evaluation $ 11,b57
Task 4: Conducting the WHA (12 months) $ 55,565
Task 5: WHA Reporting $ 10,630
Task 6: Preparation of the WHMP $ 7,130
TOTAL
E- ]
$87,132.00
ATTACHMENT F
SPECIAL PROVISION
CONTRACTOR CONTRACTUAL REQUIREMENTS
TITLE VI ASSURANCES
TxDOT CSJ No.: 1218DENTN
During the performance of this contract, the contractor, for himself, its assignees and successors
in interest (hereinafter refened to as the "contractor" agrees as follows;
1. Compliance with Re ulations. 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 af 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 discrirnination 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 Subcontractorss Includi�g Procurement of Materials and Equinment. 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 faits 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
complies, and/or
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(b) .cancellation, termination, or suspension Qf the contract, in whole or in part,
6. Incomoration of Provisions. The contractor shall include the provisians 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 noncampliance. 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.
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ATTACHMENT G
DISADVANTAGED BUSINES5 ENTERPRISE (DBE) ASSURANCE5
TxDOT CSJ No.:1218DENTN
1. Policv. 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 Obli ations. 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 appiicable 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. Proiect 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.
1f 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. Countin�DBE Participation Toward Meetin� 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
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
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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, ctearly
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 caunted toward the DBE goats. 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. Tf
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 af 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, gravei, stone and petroleum products need
not keep such products in stock, if it owns or operates distribution equipment for the prodnct.
Brokers, packagers, manufacturers' representatives or other persons who arrange or expedite
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.
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h. The Agent and its contractors may count toward the DBE gaals 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 rnaterials 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 reguiar 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 furnish to the Agent names and
addresses of the DBE subcontract�rs 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 contractor who does not rneet 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
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 ofiicer 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
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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 compIiance 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 professiona! service provider
will be given an apportunity 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 goad faith effort to meet the goals or furnish acceptable
documentation, the Agent may then conditionally accept the proposal of the second selected
proposer.
7. Reauired Reportin� 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 proj ect. 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 Noncomnliance. 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.
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ATTACHMENT H
CHILD SUPPORT STATEMENT
FOR NEGOTIATED CON'�''RACTS AND GRANTS
TxDOT CSJ No.;1218DENTN
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 beiow 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.
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 ar 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 5ection 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).
GSD, 10-95
H-1
ATTACHMENT I
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
(49 CFR PART 29)
TxDOT CSJ NO.: 1218DENTN
The provider certifies, by acceptance of this agreement, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary
excluded from participation in this transaction by any Federal department or agency. It further
agrees that by accepting this agreement that it will include this clause without modification in all
lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the
bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it
shall attach an explanation to this solicitation/proposal.
E�