2012-120s:llegallour documentslordinances1121airport hcdot appa.doc
ORDINANCE NO. 2012-12�
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING AND DIRECTING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ON BEHALF OF THE CITY OF
DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION RELATING TO CONSTRUCTION OF AIRPORT
RAMP AT THE DENTON AIRPORT; TOTAL COST $1,117,000 WITH THE CITY OF
DENTON PORTION $111,700; AUTHORIZING AND DIRECTING THE CITY MANAGER
OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID AGREEMENT AND
TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF DENTON IN ORDER TO
IMPLEMENT THE PROJECT; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Manager of the City of Denton or his designee is hereby
authorized to execute on behalf of the City of Denton an Airport Project Participation Agreement
(APPA) with the Texas Department of Transportation Aviation Division (TxDOT Aviation) relating
to certain improvements at the Denton Municipal Airport as identified in the APPA, a copy of such
contract being attached hereto and made a part hereof for a11 purposes and referenced as TxDOT
CSJ No. 1218DNTON (the "Agreement") and to expend funds as provided for in the Agreement.
SECTION 2. The City Manager or his designee is the City's authorized representative
who is directed to comply with any assurances, conditions or agreernents required to be executed
to receive the funds provided under the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ���
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
,
BY:
day of r , 2012.
t
MARK A. B G ,,MAYOR
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 1218DNTON
T�OT Project No.: AP DENTON 4
T�cDOT Contract No. : 2XXAV068
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 Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of ihe 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 project is described as construction services to: expand apron north of tenninal
building; install apron lighting and fencing; install tie downs and mark apron; install draanage
improvements; and demolition of pavement and utilities 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 accomplislunent of the project and with reference to the United
States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C,, and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as
provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and conditions as herein
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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 percentuin
of all allowable project costs. This grant is made on and subject to the following terins and
conditians:
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 Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that construction project costs will be approximately $1,117,000.00
(Amount A). It is further estimated that approximately $1,117,000.00 (Amount B) of the
project costs will be eligible for federal financial assistance, and that federal financial
assistance will be for ninety percent (90%) of the eligible project costs. Final
determination of federal eligibility of total project costs will be determined by the State in
accordance with federal guidelines following completion of project.
3. The maximum obligation of the United States payable under this offer sha11 be
$1,005,300.00 (Amount C).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of 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 work to include items outside of the current determined needs of this
project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this
specific development project within the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds.
4. It is estimated that the Sponsor's share of the total project costs will be $111,700.00
(Amount D). At project closeout, Sponsor will be reimbursed for any credited amounts that
exceed Sponsor's share. 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 Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage of
financial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at
the financial closure of the project, any excess funds provided by the Sponsor.
If there is an overrun in the eligible project costs, the State may increase the grant to cover
the amount of overrun not to exceed the statutory limitations, and will advise the Sponsor
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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.
The State may decrease the agreement after completion of the describer scope. The
Sponsor will be notified by letter of the decreased amount.
Participation in additional federally eligible costs may require appxoval 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
by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that
exceed Sponsor's share. .
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the
State that it has sufficient funds to meet its share of the costs as stated. 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 the funds. In addition, the Sponsor shall disclose the source of all funds for the
project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payinents. Should the Sponsor fail
to pay said obligation, either in whole or in part, within 30 days of written demand, the
State may exercise its rights under Paragraph V-7. Likewise, should the State be unwilling
or unable to pay its obligation in a timely manner, the failure to pay shall be considered a
breach and the Sponsor may exercise any rights and remedies it has at law or equity.
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification of Airport Fund, attached and
made a part of this agreement; and
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b. it will comply with the Attachment S, Certification of Project Funds, attached and
made a part of this Agreement; and
it will comply with the Attachment C, Airport Assurances (3/2011)(State Modified
3/2011), attached and made a part of this Agreement; and
d. it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the State
of Texas or the FAA in connection with the federal grant; and
the Aitport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project sha11 be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to e�ceed 20 years;
and
f. 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
g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products and
aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
h. it sha11 not permit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA; and
it will not permit or enter into any arrangement that results in permission 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; and.
it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA in
connection with the federal grant in the acquisition of such property interests; and
that airport property identified within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be pledged to airport use and shall not
be removed from such use without prior written approval of the State; and
k. the Sponsor shall submit to the State aiuival statements of airport revenues and
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expenses as requested; and
l. all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory. The
proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites).
m. 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
fund shall be submitted to the State. Such fund may be an account within another
fund, but must be accounted for in such a manner that all revenues, expenses,
retained earnings, and balances in the account are discernible from other types of
moneys identified in the fund as a whole. All fees, charges, rents, and money from
any source derived from airport operations must be deposited in said Airport Fund
and shall not be diverted to the general revenue fund or any other revenue fund of
the Sponsor. All expenditures from the Airport Fund shall be solely for airport or
airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan
by the State unless, prior to such subsequent approval of a grant or loan, Sponsor
has complied with the requirements of this subparagraph; and
n. for federally funded projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport furid and used for airport
operations; and
o. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
p. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal aiiport operations as provided in Tex. Loc. Govt. Code Ann. §§241.001 et
seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation
easements or other property interests in or rights to use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible
for a subsequent grant or loan by the State unless Sponsor has, prior to such
subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State; and
q. it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project; and
after reasonable notice, it will permit the State, the FAA, and any consultants and
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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
s. all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the Sponsor.
A reproducible copy of such plan, and all subsequent modifications, shall be filed
with the State for approval; and
t. it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in
any other manner in any project upon which Federal and State funds have been
expended. For the purposes of this grant agreement, the term "funds" means funds,
however used or disbursed by the Sponsor or Agent that were originally paid
pursuant to this or any other grant agreement. It shall obtain the approval of the
State as to any determination of the amount of such funds. It shall return the
recovered share, including 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 determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All settlements
or other final positions of the Sponsor, in court or otherwise, involving the recovery
of such funds shall be approved in advance by the State.
2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon 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 claims 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 said claiin or liabilities
which might be iinposed 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, as
provided, and the Agreement shall comprise a contract, constituting the obligations and
rights of the State of Texas and the- Sponsor with respect to the accomplishment of the
project and the operation and maintenance of the airport. Such Agreement shall become
effective upon execution of this instrument and shall rema.in in full force and effect for a
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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 assuxne 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 Airport Property Interests and Exhibit A property map.
7. The Sponsor shall have on file with the State, Attachment D, Certification Regarding
Drug-Free Workplace Requirements, attached and made a part of this agreement.
8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced outside
the United States to be used for any project for airport development or noise compatibility
for which funds are provided under this grant. The sponsor will include in every contract a
provision implementing this special condition.
9. Except for instrument landing systems acquired with AIP funds and later donated to and
accepted by the FAA, the Sponsor must provide for the continuous operation and
maintenance of any navigational aid funded under the AIP during the useful life of the
equipment. The sponsor must check the facility, including instrument landing systems,
prior to commissioning to ensure it meets the operational standards. The Sponsor must
also remove, relocate, or lower each obstruction on the approach or provide for the
adequate lighting or marking of the obstruction if any aeronautical study conducted under
FAR Part 77 determines that to be acceptable; and mark and light the runway, as
appropriate. The Federal Aviation Administration will not take over the ownership,
operation, or maintenance of any sponsor-acquired equipment, except for instrument
landing systems.
10. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement
an effective airport pavement maintenance management program as is required by Airport
Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of
any pavement constructed, reconstructed, or repaired with Federal financial assistance at
the airport. As a minimum, the program must conform to the provisions in Attachment E
"Pavement Maintenance Management Program", attached and made a part of this
agreement.
11. The Sponsor may utilize paving specifications meeting State Highway criteria for runways
at non-primary airports with lengths up to 5,000 feet and serving aircraft not exceeding
60,000 pounds gross take-off weight. The sponsor agrees not to request additional AIP
funds for reconstruction or rehabilitate of pavement construct utilizing State specification
for 10 yeaxs from pavement acceptance.
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Part IV- Nomination of the Agent
1. The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either of
the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant and
project 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 project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant
thereto, and the Sponsor;
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.
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 professional engineering and/or plaiuung services for, but not limited
to, the preparation of planning studies, plans and specifications for the above
project and for the management of the construction of the above project; certify
consultant selection procedures; provide notification of contract award for
professional services; and negotiate professional services fees; and execute, on
behalf of the Sponsor, a professional services agreement as related to this project;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
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regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or materialman, the State shall issue a written order, which
shall prevail and be controlling;
h. coordinate and review project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this proj ect; �
j, participate in pre-bid and pre-construction conferences; and issue orders as it deems
appropriate regarding construction progress, including but not limited to Notices to
Proceed, Stop Work Orders, and Change Orders;
k. review, approve and maintain record drawings.
PART V - Recitals
1. The State and 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 necessitated by this Agreement.
3. The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors. Such items include, but are not limited to, bid bonds, payment bonds, and
performance bonds. Pursuit and enforcement of contract items may require litigation and
other remedies of law.
4. The United States and the State of Texas shall not be responsible or liable for damage to
property or injuiy to persons, which may arise from, or be incidental to, compliance with
this grant agreement.
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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 far 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 terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor inay 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. This 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 ternzs 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 reinedies 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 competent jurisdiction of any dispute arising
under the terms of this Agreeinent, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties in Travis County,
Texas.
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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 sha11 not be unreasonably 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 Sponsox 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 Agreement shall be evidenced by execution of this instruxnent by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, 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
compliance with the assurances and conditions as provided.
12. The state auditor may conduct 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, 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.
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Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the foregoing Agreement, and does accept the Offer, and by such
acceptance agrees to all of the terms and conditions of the Agreement.
Executed this /'f �� day of , 2� 1�--
The Citv of Denton, Texas
S onsor
C�� ,��.�r ��--
Witness Signature Sponsor Signature
" �l' 1^-�-� �' � f Q-C..� c` c� f�'L/ I C'Jl�rr o� v�
Witness�le Sponsor Title
Certificate of Sponsor's Attorney
I, � ' , acting as attorney for c�cx o� ��� >
Texas, do certify that I have fully �amined the Agreement and the proceedings taken by the
Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the
Sponsor, is in accordance with the laws of the State of Texas.
Dated at ��.v�.�o � , Texas, this %%� day of , 20�
� �,� �' �
Witness Signature \ Attorney Signa e
Qd i'l,i,�vu�517'��i.l� �CS��rti%.��
Witness Title
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Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TR.ANSPORTATION
► �
By: -
��:vi� �, �ul���, �i���t�P
Avi�tion Dlvlsion
Texas �7�p�rtment of ir�ns�or����o�
Date: ����� `2 _
13 of 35
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.
Tl �. ,. r . m
:
Tit
Date: � �"�/ i2�
—�
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�
ATTACHMENT B
CERTIFICATION OF PROJECT FUNDS
TxDOT Contract No.: 2XXAV068
TxDOT CSJ No.: 1218DNTON
The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as
identified in the Airport Proj ect Participation Agreement for said proj ect will be available in
accordance with the schedule shown below:
SPONSOR FUNDS
Source Amount Date Available
l�l ��r1�'f" y,Gl � `,�///� ?06 -°� �j[I h� � o4ot�
The Sponsor, has caused this to be duly executed in its name, this � day of �, 20 �2� .
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ATTACHMENT C
Part V ASSURANCES Airport Sponsors March 2011
A. General.
l. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsars requesting
funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term
"public agency sponsor" means a public agency with control of a public-use aiiport; the tenn
"private sponsor" means 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 incorparated in
and become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibilily Program Projects Undertaken by a Public
Agency Sponsor. The terms, conditions and assurances ofthis grant agreement shall remain in full
force and effect throughout the useful life of the facilities developed or equipment acquired for an
airport developinent or noise compatibiliry program proj ect, or throughout the useful life of the
project items installed within a facility under a noise compatibility program project, but in any event
not to exceed twenTy (20) years from the date of acceptance of a grant offer of Federal funds for the
project. However, there shall be no limit on the duration of the assurances regarding Exclusive
Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the
duration of the terms, 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 of the proj ect.
C. Sponsor CertiFication. The sponsar hereby assures and certifies, with respect to this
grant that:
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General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements 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 se .'
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et se .
d. Hatch Act — 5 U.S.C. 1501, et sea•2
e. Unifonn Relocation Assistance and Rea1 Properiy Acquisition Policies Act of 1970
Title 42 U.S.C. 4601, et seq.l 2
f. National Historic Preservation Act of 1966 - Section 106 � 16 U.S.C. 470( fl.
i
g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469 through 469c.�
h. Native Ameiicans Grave Repairiation Act - 25 U.S.C. Section 3001, et se�c .
1, Clean Air Act, P.L. 90-148, as amended.
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 Discrimination Act of 1975 - 42 U.S.C. 6101, et se .
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q•
Architectural Barriers Act of 1968 -42 U.S.C. 4151, et se .1
Y. Power plant and Indusirial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et se .1
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et se .�
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•2
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive �rder 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 -
Seismic Safety of Federal and Federally Assisbed New Building Constructionl
Executive Order 12898 - Environmental Justice
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Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules ofPractice For Federally Assisted Auport Enforcement
Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1- Procedures for predeterminafion of wage rates.�
e. 29 CFR Part 3- Contractors and subcontractors on public building or puUlic 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 Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Progams, Equal Employment
Opportunity, Department of Labar (Federal and federally assisted contracting
requirements).'
h. 49 CFR Part 18 - Uniform adininisri'ative requirements for gratrts and cooperative
agreements to state and local governments 3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrunination in federally-assisted programs of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
1. 49 CFR Part 24 - Uniform relocation assistance and real properiy acquisition for
Federal and federally assisted programs.l2
ri7. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Deparhnent of
Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities
receiving or benefiting froin Federal financial assistance.�
o. 49 CFR Part 29 — Government wide debarinent and suspension
(nonprocurement) and government wide requirements for drug-free workplace
(grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countr�ies that deny procurement market access to U.S. contractors.
q. 49 CFR Part 41 - Seismic safety ofFederal 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 Loca1
Governments.
b. A-133 - Audits of States, Local Govemments, and Non-Profit Organizations
1 These laws do not apply to airport planning sponsors.
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.
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Responsibility and Authority of the Sponsor.
a. Public Ageacy Sponsor: It has legal authority to apply for this grant, and to finance and
carry out the proposed project; that a resolution, motion or similar action has been duly
adopted or passed as an o�cial act of the applicant's governing body authorizing the
filing of the application, including all understandings and assurances 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 information 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 of this
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 or
control.
Good T►tle.
a. It, a public agency or the Federal government, holds good title, satisfactory to
the Secretary, to the landing area of the aiiport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility progra�n projects to be carried out on the properry 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.
5 Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any ofthe rights and powers necessary to perfonn any or all of the terms, conditions, and
assurances in this grant agreement without the written approval of the Secretary, and will
act promptly to acquire, extinguish or
modify any outstanding rights or clairns 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, encuinber, or otherwise transfer or dispose of any part of its title or
other interests in the properiy shown on Exhibit A to this application or, for a noise
coinpatibility program project, that portion ofthe property upon which Federal funds
have been expended, for the duration of the terms, conditions, and assurances in tivs grant
agreement without approval by the Secretary. If the transferee is found by the Secretary
to be eligible under Tifle 49, United States Code, to assume the obligations of this grant
agreeinent and to have the power, authority, and financial resources to carry out all such
obligations, the sponsor sha11 insert in the contract or document transferring or
disposing of the sponsor's interest, and make binding upon the transferee all ofthe tenns,
conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of
local government or are on property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that govemment. Except as otherwise specified
by the Secretary, that agreeinent shall obligate that govermnent to the same terms,
conditions, and assurances that would be applicable to it if it applied directly to the FAA
for a grant to undertake the noise compatibility prograin project. That agreement and
changes thereto must be satisfactory to the Secretary. It will take steps to enforce this
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agreement against the local govemment ifthere is substantial non-compliance with the
terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned properly,
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 property
owner wheiiever there is substantial non-compliance with the terms of the agreeinent.
e. Ifthe sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure
that the airport will continue to function as a public-use airport in accordance with these
assurances forthe duration ofthese assurances.
f. If an anangement is made for management and operation of the auport by any agency or
person other than the sponsor or an einployee 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 terins, conditions and
assurances in this grant agreement and shall insure that such arrangement also requires
compliance therewith.
g. It will not pernut or enter into any arrangement that results in pemussion for the owner or
tenant of a properiy used as a residence, or zoned for residential use, to taxi an aircraft
between that properiy and any location on airport.
6. Consistency wiih Local Plans. The project is reasonably consistent with plans (existing at the time of
submission ofthis application) of public 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 Interest It has given fair consideration to the interest of communities in or
near where the project may be located.
$. 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 a'uport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport nuiway, or a major
runway extension, it has afforded the opportunity for public hearings for the purpose of considering
the economic, social, and environmental effects of the airport or runway location and its
consistency with goals and objecrives of such plannnig as has been canied out by the community and
it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the
Secretary. Further, for such projects, it has on its management board either voting representation froin
the corrununities where the project is located or has advised the communities that they have the
right to petition the Secretary concerning 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 ha�e been
promulgated by the Administrator of the Environmental Protection Agency, certification shall be
obtained from such Administrator. Notice of certification or refusal to certify shall be provided
within sixiy days after the proj ect 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 pavement at the airport, it assures or certifies that it has
implemented an effective airport pa�ement maintenance-management program and it assures that it
will use such program for the useful life of any pavement constructed, reconstructed or repaired
with Federal financial assistance at the airport. It will provide such reports on pavement
condition and pavement management programs as the Secretary detennines may be useful.
12. Terminal Development Prerequisites. For projects which include terininal development at a
public use airport, as defined in Title 49, it has, on the date of submittal of the proj ect 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 equipinent required by rule or regulation, and
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has provided for
access to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
L3 Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the ainount and
disposition by the recipient of the proceeds of this grant, the total cost of the project 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
perlinent to the proj ect. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with the S ingle
Audit Act of 1984.
b. It shall make a�ailable to the Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, for the purpose of audit and
examination, any books, documents, papers, and records of the recipient that are perdnent
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 ofthe United States not later than six (6)
months following the close of the fiscal year for which the audit was inade.
1� Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for
work on any projects fitnded under this grant agreement which involve labor, provisions
establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors
shall pay to skilled and unskilled labor, and such minnnum rates shall be stated in the invitation
for bids and shall be included in proposals or bids for the work.
]5 Veteran's Preference. It shall include in all contracts for work on any project
funded under this grant agreement which involve labor, such provisions as are necessary to insure
that, in the employment of labor (except in executive, administrative, and supervisory
positions), preference shall be given to Veterans of the 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 perform the work to which the
employment relates.
16 Conformity to Pians and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to comtnencement of site preparation,
construction, or other perfortnance under this grant agreement, and, upon approval of the
Secretary, sha11 be incorporated into this grant agreetnent. Any modification to the approved
plans, specifications, and
schedules shall also be subjectto approval ofthe Secretary, and incorporated into this grant
agreement.
17. Construction Inspection and Approval. It will provide and maintain coinpetent
technical supervision at the construction site throughout the project to assure that the work
conforms 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 wark sha11 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.
1� Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative
contained in the project applicaiion or with the modifications similarly approved.
b. It will fiunish the Secretary with such periodic reports as required pertaining to
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the planning project and planning work activities.
c. It will include in all published material prepared in connection withthe planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no
material prepared with funds under this project shall be subject 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 connection 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 ofthis 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 of the sponsor's employees to do
all or any part of the proj ect.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does not
constitute or imply any assurance or commitment on the part ofthe Secretary to approve
any pending or future application for a Federal airport grant.
LR Operation and Maintenance.
The airport and all facilities which axe necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United States, shall be
operated at all times 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 pertnit 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 climatic and flood conditions. Any proposal to temporarily close the airport
for non-aeronautical purposes must first be approved by the Secretary. In furtherance of
this assurance, the sponsor will have in effect anangements for-
1)
2)
3)
b.
Operating the airport's aeronautical facilities whenever required;
Promptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
Promptly notifying airtnen 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 shall be construed as requiring the maintenance, repair,
restoration, or replacement 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 have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such ternunal
airspace as is required to protect instrument and visual operations to the airport (including
established minimum flight altitudes) will be adequately cleared and protected by removing,
loweiing, 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 take appropriate action, to the extent reasonable, including the
adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the
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airport to activities and purposes compatible with nonnal airport operations, including landing
and takeoff of aircraft. In addition, if the project is for noise compatibility progratn unplementation,
it will not cause or permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise coinpatibility program measures upon
which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport a�ailable as an airport far public use on reasonaUle terms and
without unjust discrimination 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, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporation to conduct or to
engage in any aeronautical activity for furnishing services to the public at the airport, the
sponsor will insert and enforce provisions requiring the contractor to-
1� fumish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
2� charge reasonable, and not unjustly discriminatory, prices for each unit ar
service, provided that the contractor may be allowed to make reasonable and
nondiscrimniatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
C. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals,
and other charges as are unifarmly applicable to all other fixed-based operators malang
the same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall ha�e the right to service itself or to use any fixed-
based operator that is authorized or perixutted by the airport to serve any air carrier at
such airport.
e. Each air carrier 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 rules, regulations, conditions, rates, fees, rentals, and other
charges with respect to facilities directly and substantially related to providing air
transportation as are applicable to all such air carriers which make similar use of such
airport and urilize similar facilities, subject to reasonable classifications such as tenants or
non tenants and signatory carriers 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 similar to those already imposed 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, firtn, or corporation operating aircraft on the airport from perfonning any
services on its own aircraft with its own employees [including, but not limited to
maintenance, repair, and fueling] that it may choose to perfonn.
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 same conditions as would apply
to the furnishing of such services by commercial aeronautical service providers
authorized by the sponsor under these provisions. �
h. The sponsor may establish such reasonable, and not unjustly discrunulatory,
conditions to be met by all users oftlie airport as may be necessary far the safe and
efficient operation of the airport.
i. The sponsor tnay prohibit or limit any given type, kind or class of aeronautical use
of the airport if such action is necessary for the safe operation of the airport or necessary
to serve the civil a�iarion needs of the public.
23,, Exclusive Rights. It will permit no exclusive right for the use of the airport by
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any person providing, or intending to provide, aeronautical services to the public. For purposes of
this paragraph, the providing ofthe services at an airport by a
single fixed-based operator shall not be construed as an exclusive right if both of the following
apply:
a. It would be unreasonably costly, burdensome, 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 agreetnent between such single
fixed-based operator and such airport. It further agrees that it will not, either directly ar
indirectly, grant or pennit any person, firm, or 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 surveying, air carrier operations, aircraft sales and services, sale of
aviation petroleiun products whether or not conducted in conjunction with other
aeronaurical 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 terminate any exclusive
right to conduct an aeronautical 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 existing at the particular airport, taking into account such factors as the volume of
traffic and economy of collection. No part of the Federal share of an airport development,
airport plaruiing 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 Auvray 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.
a All revenues generated by the airport and any local taxes 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 oamer or operator of the airport and which are directly and substantially
related to the actual air transportation of passengers or propetty; ox for noise mitigation
purposes on or offthe auport. 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, including the airport, to support not only the airport
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 of the 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 conceming, the use of airport revenue and taxes in paragraph (a), and indicating
whether funds paid or transfened to the owner or operator 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 Administrator.
C. Any civIl penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of Secrion 47107 of Title 49, United States Code.
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Zfi Reports and Inspections. It will:
a. submit to the Secretary such annual ar special financial and operations reports as the
Secretaty may reasonably request and make such reports available to the public; make
available to the public at reasonable times and places a report of the airport budget in a
fonnat prescribed by the S ecretary;
b. for airport development projects, make the aiiport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations
and other insn-ulnents, available for inspection by any duly authorized agent of the
Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents relating to the
project and continued compliance with the terms, conditions, and assurances ofthis
grant agreement including deeds, leases, agreements, regulations, and other instnunents,
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
available 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 government and the purposes
for which each such payment was made; and
2� all services and property provided by the airport to other units of govermnent
and the ainount of compensation received for provision of each such
seivice and property.
27. Use by Government Aircraft. It will make 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 Government aircraft in common with other
aircraft at all times without charge, except, if the use by Governtnent aircraft is substantial, charge
may be made for a reasonable share, proportional to such use, for the cost of operating and
maintaining the facilities used. Unless otherwise detemvned by the Secretary, ar otherwise agreed to
by the sponsor and the using agency, substanrial use of an airport by Goverrunent aircraft will be
considered to e�cist 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 (S) or more Government aircraft are regularly based at the airport or on land
adj acent thereto; or
b. The total ni unber of movements (counting each landing as a movement) of Govemment
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
auport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Goveirunent for use
in connection with any air traffic control or air navigation activities, or weather-reporting and
communication activities related to air traffic control, any areas of land or water, or estate therein, or
rights in buildings ofthe sponsor as the Secretary considers necessary or desirable 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 rnonths after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1)
boundaries of the airport and all proposed additions thereto, together with the boundaries of
all offsite areas owned or conlxolled by the sponsor for airport purposes and proposed
additions thereto; (2) the location and nature of all existing and proposed airport
25 of 35
facilities and structures (such as runways, taxiways, aprons, terniinal buildings, hangars
and roads), including all proposed extensions and reductions of existing airport facilities;
and (3) the location of all existing and proposed nonaviation areas and of all existing
unprovements thereon. Such airport layout plans and each amendment, revision, or
inodification thereof, shall be subj ect 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 of the airport layout plan. The sponsor will not inake or permit any changes
or alterations in the airport or any of its facilities wluch are not in conformity with the
airport layout plan as approved by the Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, urility or efficiency of the airport.
b. 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, or funded property on or offthe airport and which is not in confomiity with the
airport layout plan as approved by the Secretary, the owner or operator will, if requested,
by the Secretary (1) eliminate such adverse effect in a inanner 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 program, except where Federal financial assistance is to provide, or is in the fonn
of personal properiy or real property or interest therein or structures or improvements thereon in
which case the assurance obligates the sponsor or any transferee for the longer of the following
periods: (a) the period during which the property is used for a purpose for which Federal financial
assistance is e�ctended, or for another purpose involving the provision of siinilar services or
benefits, or (b) the period during whichthe sponsor retains ownership or possession ofthe
property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility 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 time. 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 proj ect as prescribed by the
Secretary, including the purchase of nonresidential buildings or property in the
vicinity of residenfial buildings or property previously purchased by the airport as part
of a noise compatibility 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 a�ailable to the Secretary an amount equal to
the United States' proporiionate share of the fair market value of the land. That portion of the
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
anotller eligible airport improvement project or projects approved by the Secretary at
that airport or within the national airport system, or (2) be paid to the Secretary for
deposit in the Trust Fund if no eligible project exists.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it
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
financial self-sufficiency of the airport. Further, land purchased with a grant received by
26 of 35
an airport operator or owner before December 31, 1987, will be considered to be needed
for airport purposes ifthe Secretary or Federal agency making such grant before
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
airport.
32. Engineering and Design Services. It will award each contract, or sub-contract for program
management, construction management, planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying, mapping or related services with
respect to the project in the same manner as a contract for architectural and engineering services is
negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications-based requirement prescribed for or by the sponsor of the auport.
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 foreign counhy during the period in which such
foreign country is listed by the United States Trade Representative as denying fair and
equitable market opporti.uiities for products and suppliers of the United States in procureinent
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 limited to the
advisory circulars listed iii the Current FAA Advisory Circulars for AIP projects, dated (the
latest approved version as of this 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 properly owners for necessary expenses as specified
in Subpart B. (2) It will provide a relocation assistance progratn offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable
period oftime 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 pernlit, to the maxiinum extent
practicable, intercity buses or other modes of transportation to have access to the airport;
however, it has no obligation to fund special facilities for intercity buses or far other modes of
transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discrulunate on the basis of race,
color, national origin or sex in the award and performance of any DOT-assisted contract or in the
administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall
take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the
award and administration 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.
Implementation of this program is a legal obligation and failure to cany 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 prograin, the Deparhnent may impose sanctions asprovided for under Part 26 and may,
in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program
Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
27 of 35
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 term lease that is subj ect
to such terms and conditions on the hangar as the airport owner or operator may iinpose.
39. Competitive Access.
a. If the airport owner or operator of a inedium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to accomtnodate one or
more requests by an air carrier for access to gates or other facilities at that airport in order
to allow fhe air carrier to provide service to the airport or to expand service at the
airport, the airport owner or operator shall transmit a report to the Secretary that-
l� Describes the requests;
2� Provides an explanation as to why the requests could not be
accommodated; and
3� Pro�ides a time frame within which, if any, the airport will be able to
accoinmodate 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.
28 of 35
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 airtrafficfairports/resources/advisorv 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 forAirports
150/5070-66 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
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
15015210-13B Water Rescue Plans, Facilities, and Equipment
150l5210-14B Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing
150/5210-15A Airport Rescue & Firefighting Station Building Design
150/5210-18A Systems for Interacti�e Training of Airport Personnel
150/5210-19A Driver's Enhanced Vision System (DEVS)
150/5220-46 Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-13B Runway Surface Condition Sensor Specification Guide
15�/5220-16C Automated Weather Observing Systems for Non-Federal Applications
29 of 35
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
150/5220-21 B 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 Imagery
Ac uisition
150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Coliection and Geographic Information System (GIS)
Standards
150/5320-5C and 5urface Drainage Design
Chan e 1
15015320-6E
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
30 of 35
�-
NUMBER TITLE
150/5320-15A Management of Airport Industrial Waste
150/5325-4B Runway Length Requirements for Airport Design
150/5335-5A Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1J Standards forAirport 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
150/5345-58 Circuit Selector Switch
Specification for L824 Underground Electrical Cable for Airport Lighting
1505345-7E Circuits
150J5345-10F 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
31 of 35
` NUMBER TITLE
150/5345-46D Specification for Runway and Taxiway Light Fixtures
150/5345-47B Specifications for Series to Series Isolation Transformers for Airport Lighting
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
950/5345-55A 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
150/5390-26 Heliport Design
150/5390-3 Vertiport Design
150/5395-1 Seaplane Bases
32 of 35
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
DATED: 6/2J2010
NUMBER TITLE
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant
Pro'ects
150/51D0-15A Civil Rights Requirements for the Airport Improvement Program
150/5100-17
and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement Program
throu h 6 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 Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 6/2/2010
NUMBER TITLE -
Announcement of Availability — Passenger Facility Charge (PFC) Application
150/5000-12 (FAA Form 5500-1)
ATTACI�IvIENT D
33 of 35
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making 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) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will-
(1) Abide by fhe terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occun�ing
in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of such
notices. Notices shall include the identification number(s) of each affected grant;
( fl 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 termination,
consistent with the requirements of the Rehabilitation Act of 1473, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) 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 grantee may insert in the space provided below the site(s) for the performance of work done in connection
with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
5� -�-�� � ��a��
�Q n�-o� � v�. n ���� ��..u� S %( �a'7
�
��r�c. owu„e— �-
Typed Name and Title of
ATTACHMENT E
34 of 35
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance inanagement program is one that details the procedures to be
followed to assure that proper pavement maintenance, both preventative and tepair, is performed. An
airport sponsor may use any form of inspection program it deems appropriate. The program must, as a
minimum, include the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
a. location of all runways, t�iways, and aprons
b. dimensions
c. type of pavement
d. year of construction or most recent rehabilitation
For compliance with the Airport Improveinent Program assurances, pavements that have been
constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted.
2. Inspection Schedule.
a. Detailed Inspection. A detailed inspection inust be performed at least once a year. If a
history of recorded paveinent deterioration is available, i.e. Pavement Condition Index (PCI)
survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for
Maintenance of Airport Pavements, the frequency of inspections may be extended to three
years.
b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per
month to detect unexpected changes in the pavement condition.
3. Record Keeping. Complete information on the findings of all detailed inspections and other
maintenance performed must be recorded and kept on file for a minimum of five years. The types of
distress, their locations, and remedial action, scheduled or performed, must be docuinented. The
minimum information to be recorded is listed below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections, the date of inspection and any maintenance perfarmed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate,
so long as the information and records produced by the pavement survey can be retrieved to provide a
report to the FAA as may be required.
5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport
Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective
maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented.
35 of 35
AGREEMENT
BETWEEN
SPONSOR AND ENGINEER
FOR
PROFESSIONAL ENGTNEERING SERVICES
TacDOT Contract No.: 2XIAV068
TxDOT Project No.: AP DENTON 4
Ta�D�T CSJ No.: 1218DNTON
ST'ATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TRAVIS §
THIS AGREEMENT is made, entered into and executed by and between City of Denton,
hereinafter called the "Sponsor" acting by and through the Texas Department of Transportation,
hereinafter called the "Agent" and KSA Engineers, Inc., hereinafter called the "Engineer."
WITNESSETI�
The Sponsor and the Engineer executed an agreement on August 22, 2011, TxD�T CSJ No.
1118DNTON, for engineeringldesign services at the Denton Municipal Airport hereinafter called
the "Project."
The scope of this contract is: professional engineering services for the Construction Phase,
Closeout Phase, Resident Project Representative Services and Materials and Testing La.boratory
Services in connection with said Project.
AGREEMENT
The Sponsor and the Engineer, in consideration of the mutual covenants and agreements herein
continued, do mutually agree as follows:
Pursuant to the terms of the Airpdrt Project Participation Agreement entered into by and between
Agent and Sponsor, Agent agrees to employ the Engineer on behalf of the Sponsor. The
Engineer agrees to perform professional engineering services in connection with the project as
stated in the sections to follow and outlined hereinafter. Upon rendition of these services, the
Agent agrees to pay to the Engineer compensation for these services as agreed herein. All
services performed under this Agreement shall be performed under the direct supervision of the
Agent. The Agent will act as referee in all questions arising under the terms of this Agreement
between the parties, and the Agent's decisions shall be final and binding.
Page 1 of 13 DENT.022C
SECTION 1- SCOPE OF SERVICES
1.1. Services of the Agent
1.1.1. The Agent will furnish items as listed in Attachment A, "Services to be Provided by the
Agent," attached hereto and made a part of this agreement.
1.2. Services of the Engineer
1.2.1 The Engineer will furnish services for the construction and closeout phases in accordance
with Attachment B, "Construction Management Services to be provided by the Engineer"
attached hereto and made a part of this agreement.
1.3. The Engineer shall fumish a Resident Project Representative, hereinafter called the
"RPR," to assist the Engineer in observing the performance of the work of the Contractor.
Services of the RPR shall be in accordance with Attachment C, "Duties, Responsibilities and
Limitations of Authority of the Resident Project Representative" attached hereto and made a part
of this agreement,
1.3.1. The person(s) designated by the Engineer to perform the services of the RPR shall be
approved by the Agent.
1.4. The Engineer shall contract with an independent materials and testing laboratory,
hereinafter called the "Laboratory" for the purpose of verification testing of the Contractor's
work. The services provided shall be in accordance with Attachment D, "Materials Testing
Laboratory Services," attached hereto and made a part of this agreement.
SECTION 2 - PR�GRESS
2.1. After executian of this Agreement, the Engineer shall not proceed with the work fax each
phase outlined under "Scope of Services" until authorized in writing by the Agent to proceed.
2.2. The Engineer shall, from time to time during the progress of the work, confex with the
Agent, The Engineer shall pregare and present such infonnation and studies as are shown in
Attachment B.
2.3. At the request of the Agent or the Engineer, conferences shall be conducted at locations
designated by the Agent. When requested by the Agent, these conferences shall also include
inspection of the Engineer's services and work.
2.4. The work will be subject to periodic review by tk�e Federal Aviation Administration
(FAA) and/or Agent,
2.5. It is of primary importance to the Sponsor and the Agent that the services within this
contract are provided according to the agreed upon Work Schedule, Attachment E attached
hereto and made a part of this agreement. Undue delays within the control of the Engineer may
be considered as reason for termination of the contract as provided in Section 9.
Page 2 of 13
2.6. Should the Agent desire to suspend the work, but not terminate the Agreement, this may
be done by thirty (3d) 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 Engineer in full force
and effect upon receipt by the Engineer from the Agent of sixty (60} days' notice in writing to
that effect.
2.7. If work is suspended for mare than six months at the request of the Sponsor or the Agent
the Agreement may be renegotiated at the request of the Engineer or unilaterally terminated by
the Engineer.
2.8. All employees of the Engineer shal] have such knowledge and experience as wi11 enable
them to perfozm the duties assigned to them. Any employee of the Engineer, 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 Engineer from association with the Project.
2.9. The Engineer certifies that Engineer 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.I0. The Engineer shall prepare monthly progress reports in sufficient detail to support the
progress of the work and vouchers requesting monthly payments.
Z.11. The Engineer shall fumish 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
engineer 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 Engineer. Changes ancUor
alterations that increase the lump sum fee will be handled as Additional Services as stated in
5ection 4. Such changes and alterations shall not be considered as a waiver of any condirions of
the Agreement, nor shall they invalidate any of the provisions thereo£ The Engineer shall
perform the work as changed or altered.
3.2. When required to do so by the Agent, the Engineer shall make such revisions as are
necessary to correct Engineer's errors or omissions in the work. No additional compensation
shall be paid for this work.
3.3. If the Agent requests changes to work previously completed by the Engineer and
accepted by the Agent, the Engineer shall make such changes as directed by the Agent. This will
be considered additional work and paid for as speci�ed in Section 4- Additional Services.
SECTION 4 - ADDITIONAL SERVICES
4.1. When authorized by a supplemental Agreement, the Engineer will furnish additional
Page 3 of 13
services as listed in Attachment F, "Additional Services to be Provided by the• Engineer"
aitached hereto and made a pari of this agreement.
4.1.1. Compensation for such services will be in accordance with Section 5- Payments to the
Engineer.
4.2. Tf the Engineer is of the opinion that any work Engineer has been directed to perform is
beyond the scope of this Agreement and constitutes extra work, Engineer 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 Engineer, in writing, and pursuant to a supplemental Agreement shall provide extra
compensation to the Engineer for doing this work as additional sezvices covered in Section 5-
Payments to the Engineer.
SECTION 5- PAYMENTS TO THE ENGINEER
5.1. Methods of Payment for Services and Expenses of Engineer
5.1.1. For Construction Management Services. Agent shall pay Engineer for Construction
Management Services as set forth in Attachment B, "Construction Management Services to be
Provided by the Engineer" as follows:
5.1.1.1. A lump sum fee of $21,451.00 for Construction Management Services furnished under
Section 1 and as set forth in Attachment B.
5.1.1.2. The Agent shall pay Engineer for services of the RPR furnished under paragraph A.1. at
the rate of $58.00 per hour, not to exceed $51,040.Q0, or any portion thereof. Such payment
shall include all direct saZary costs, indirect salary costs, fringe benefits, overhead, travel and
subsistence, telephone and postage, field office expenses, printing and reproduction costs, any
other payroll costs and profit.
5.1.1.3. If it becames apparent to the Engineer at any time before services to be rendered under
paragraph 5.1.1.2. have been about eighty percent completed that the total amount of
compensation to be paid to the Engineer on account of RPR services will exceed $51,040.00,
(Amount A}, Engineer shall give Agent written notice thereof. Promptly thereafter Agent and
Engineer shall review the maiter af compensation for RPR services, and either the Agent shall
authonize the Engineer to provide additional RPR services, or the Agent and Engineer shall agree
ta a reduction in the remaining services to be rendered so that the total compensation for such
RPR services will not exceed Amount A when such services are completed.
5,1,1.4. Should the total cost of RPR services exceed Amount A, the Engineer shall be
compensated for any additional RPR services, authorized by the Agent in excess of Amount A,
at an hourly rate agreed upon between the Agent and Engineer. The payment for additiona� RPR
services shall include the costs to the Engineer described in Paragraph 5.1.1.3.
5.1.1.5. The Agent shall pay Engineer a lump sum fee of $42,949.00 for the services of the
Laboratory furnished under paragraph 1.4. at the rates provided in Attachment J, "5chedule of
Page 4 of 13
Materials Testing Costs" attached hereto and made a part of this Supplemental Agreement. Such
payment shall include all costs to the Engineer and Laboratory including direct salary costs,
indirect salary costs, fringe benefits, overhead, travel and subsistence, printing and reproduction
costs, telephone and postage, materials and equipment, any other payroll costs and profit.
Should conditions indicate the need for test not itemized in Attachment J, such test may be
conducted, provided that both the Agent and the Engineer agree as to their need and cost in
advance.
5.1.1.6. The lump sum amount shall be allocated to the phases of the Project as set forth in
Attachment G, "Lump Sum Fee Distribution to Engineer" attached hereto and made a part of this
agreement.
5.1.1.7. For Additional Services. Agent s}aall pay Engineer for work rendered under Section 4-
Additional Services in accordance with the provisions of the Supplemental Agreement to
Engineering 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 hy monthZy statements submitted by the Engineer to the
Agent. In no case shall the partial payments be in excess of the value of the services completed
at the time the statement is rendered.
5.2.2. The Engineer shall submit a monthly statement as directed by the Agent showing an
estimate of the Construction Management Services rendered and the actual approved Additional
Services rendered, except for Closeout Phase. All payments shall be submitted no later than
ninety days after performing the work or incurring the costs. The pay request for Closeout Phase
services shall be submitted only following completion of all tasks associated with the Closeout
Phase, except for the warranty inspection.
5.3. Other Provisions Concerning Payments
5.3.2. Paynnents to the Engineer for Additional Services rendered will be based upon itemized
and certified statements detailed to show the names of the employees and the time worked.
Monthty statements should include authorized non-salary expenses with supporting iterx�ized
invoices for additional services.
5.3.2. Statements and supporting documents wi11 be submitted to the Agent no more than
monthly. TxDOT provided payrnent forms must be submitted with or as an Engineer'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.
5,33. Final payment of any money due will be made to the Engineer 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 Payment
Page 5 of 13
5.4.1. The maximum amount aliowable for payment under the Professional Engineering
Services Agreement is $115,440.00.
SECTI�N 6 - SUBCONTRACTORS
6.1. The Engineer sha11 not sublet or transfer any portion of the work under this Agreement
unless appraved by the Agent. Subcontractors sha11 comply with the provisions of this
Agreement and all state and federal regulations as applicable. Subcontracts, may at the option of
the Agent, require approval of content, The Engineer shall provide to the Agent a copy of the
executed Agreement between the Engineer and subcontractor when requested by the Agent.
6.2. In the event the Engineer provides any of the services set out in this Agreement by
subcontracting the same with a subcontractor, the Engineer shall take all.steps necessary and
appropriate to ensure that said subcontractor indemnifies the Sponsor, Agent, and at the option of
the Engineer, the Engineer for liability arising from any acts ar omissions of said subcontractor,
it being the express intention of the parties hereto that any liability for said acts or omissions
shall be the responsibility of said subcontractor. In the event that Engineer does not take such
appropriate and necessary steps to ensure the indemnification described in this provision,
Engineer shall assume such liability as is described in this provision, and hereby agrees to so
indemnify the Sponsor or Agent for such acts or omissions of said subcontractor as are described
herein.
6.3. The Engineer shall pay the subcontractor for work performed within 10 days a$er the
Engineer receives payment for the work perfortned by the subcontractor. Also, any retained
monies on a subcontractor's work shall be paid to the subcantractor within 10 days after
satisfactory completion of all the subcontractor's work. The State may withhold all payments
that have or may become due if the Engineer fails to comply with the 10 day payment
requirement. The State may also suspend the work under this contract or any work
authorizarions until subproviders are paid. This requirement also applies to all lower-tier
subproviders, and this provision must be incorporated into all subcontracts. Completion of the
subcontractor's work shall include test, maintenance and other similar periods that are the
responsibility of the subcontractor.
SECTION 7- CNIL RIGHTS COMPLIANCE
7.1. The Engineer shall comply with the provisions of Aitachment H, "Special Provision
Contractor Contractual Requirements Title VI Assurances" attached hereto and made a part of
this agreement.
SECTION 8- DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
8.1. The Engineer shall comply with the provisions of Attachment I, "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.
Page 6 of 13
SECTION 9- TERMINATION OF AGREEMENT
9.1. The Agreement may be terminated upon the occurrence of any of the following
conditions:
9.1. l. By mutual A�reement and consent of both parties in writing.
9.1.2. By the Agent by notice in writing to the Engineer as consequeuce of failure by the
Engineer 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
Engineer.
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 subj ect to the mutual consent of the Engineer
by delivering a written Notice of Terznination to the Engineer, which shall take effect on the
tenth (lOth) day following receipt.
9.1.5. By the condition stipulated in Section 2.7.
9.1.6. By the situation stipulated in Attachment I, Disadvantaged Business Enterprise (DBE).
9.1.7. By the candition stipulated in Section 22.1., Child Support Certification.
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 be paid to the Engineer. In determining the value of the
work perfortned by the Engineer 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 Engineer defaults in performance of this Agreement or the Agent terminates the
Agreement for fault on the part of the Engineer, the Agent will give consideration to the actual
costs incurred by the Engineer in performing wark to date of default, the amount of work
required which was satisfactorily complete to date of default, the value of the work which is
usable to the Sponsor, the cost to the Sponsor of employing another firm to complete the work
required and the time required to do so, and other factors which affect the value to the Sponsor of
the work performed at time of default.
9.4, The termination of this Agreement and payment of an amount in settlement as prescribed
abave shall extinguish all right, duties, obligations and liabilities of the Sponsor, Agent, and
Engineer under this Agz'eement with regard to payment only. If the termination of this
Agreement is due to the failure of the Engineer to fulfill Agreement obligations, the Agent may
take over the project and prosecute the work to campletion by Agreement or otherwise. In such
case, the Engineer shall be liable for any additional costs for professional services resulting from
the Engineer's default.
Page 7 of 13
SECTION 10 - DISPUTES
10.1. The Engineer shall be responsible for the settlement of all contractual and administrative
issues arising out of procurements made by the Engineer in support of the work authorized
herein,
10.2. Any dispute conceming the work performed hereunder, the cost of work performed
hereunder, or any nonprocurement issue shall be settled in accozdance with Title 43, Texas
Administrative Code, Section 9.2, "Contract Claim Procedure."
SECTION 11 - OWNERSHIP 4F DOCUMENTS
11.1. Work for Hire. All services provided under this contract are considered work for hire and
as such all final plans and specifications created or collected under the terms of this contract are
the property of the Agent and Sponsor.
11.2. Disposition of Documents. A11 documents prepared by the Engineer and all documents
furnished to Engineer by the Agent shall be delivered to the Agent upon completion or
termination of this contract. The Engineer, at its own expense, may retain copies of such
documents or any other data which it has fumished the Agent under this contract, but further use
of the data will at the Engineer's own zisk a.nd without liability or legal exposure to the Agent or
Sponsor.
11.3. Release of Design Plan. The Engineer (1} will not release any design plan created oz
collected under this contract except to its subproviders as necessary to complete the contract; (2)
shall include a provision in all subcontract which acknowledges the Agent's and Sponsor's
ownership of the design plan and prohibits its use for any use other than the project identified in
this contract; and {3) is responsible for improper use of the design plan by its employees,
officers, or subproviders, including costs, damages, or other liability resulting from improper
use.
11.4. Any reuse without the written verification or adaptation by the Engineer of the plans and
specifications by the Agent or Sponsor for purposes other than those directly associated tivith this
specific contract and project are at the Agent's or Sponsor's own risk and without liability or
legal exposure to the Engineer.
SECTION 12 - COMPLIANCE WITH LAWS
12.1. The Engineer shall comply with applicable federal, state and local laws, statutes,
ordinances, rules and regulations, and the orders and decrees of courts, or administrative bodies
or tribunals in any matter affecting the performance of this Agreement, including, without
limitation, worker's compensation laws, minimum and maximum salary and wage statutes and
regulations, and licensing laws and regulations. When required, the Engineer shall furnish the
Agent with satisfactory proof of Engineer's compliance.
12.2. The Engineer certifies that it complies with Attachment L, Certification Regarding
Page 8 of 13
Debarment, Suspension, Ineligibility, and Valuntary Exclusion, attached hereto and made a part
of this agreement, and is not currently prevented from entering into any federally funded
contract.
SECTION 13 - INDEMNITY
13,1. The Engineer shall save harmless the State and its officers and employees from al1 claims
and liahility 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 Engineer or any
person employed by the Engineer. The Engineer 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 in
litigation or otherwise resulting said claim or liab'rlities which may be imposed on the State as a
result of such activities by the provider or employees.
13.2 Section 13.1 above is expressly applicable to all items, clauses, codicils, and addenda of
this Agreement.
SECTION 14 - ENGINEER'S WARRANT
14.1. The Engrneer warrants that Engineer has not employed or retained any company or
persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this
Agreement and that Engineer has not paid or agreed to pay any company or person, other than a
bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage
fee, gifts, or any other consideration; contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, the Agent shall have the right to annul
this Agreement without liability or, in its discretion, to deduct from the Agreement pnice or
compensation, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
SECTION 15 - SUCCESSORS AND ASSIGNS
15.1. The Sponsor and the Engineer 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 Engineer shall assign, sublet, or transfer its interest in this Agreement without
written consent of the other.
SECTION 16 - ENGINEER'S SEAL
16.1. The Engineer shall place the seal of a registered Texas Professional Engineer as
endorsement on all documents and engineering data furnished by the Engineer to the Agent when
such seal is required under Texas law.
Page 9 of 13
SECTION 17 - INSPECTION OF ENGINEER'S BOOKS AND RECORDS
17.1. The Agent may, for puzpose of termination of the Agreement prior to completion,
examine the books and records of the Engineer for the purpose of checking the amount of the
work performed by the Engineer at the time of Agreement termination. The Engineer shall
maintain all books, documents, papers, accounting records and other evidence pertaining to cost
incurred an�d shall make such materials available at the Engineer's office during the Agreement
period and for three years from the date of final payment umder the Agreernent, for inspection by
the Agent, the Federal Aviation Administration and the U,S. Department of Transportation,
Office af 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
Engineer which are directly pertinent to this Agreement for the purpose of making audit,
examinations, excerpts and transcriptions.
17.2. 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 of 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 subj ect 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 18 - WARRANTTES OF SIGNATORY
18.1. The undersigned signatory or signatories for the Engineer hereby represent and warrant
that the signatory is an officer of the firm for which the signatory has executed this Agreement
and that the signatory has full and complete authority to enter into this Agreement on behalf of
the Engineer. The above-stated representations and warranties are made for the purpose of
inducing the Sponsor to enter into this Agreement.
SECTION 19 - INSURANCE
19.1. The Engineer shall procure and maintain insurance for protection from claims under
worker's compensation acts, claims for damages because of bodily injury including personal
injury, sickness or disease or death of any and all employees or of any other person and from
claims or damages because of injury to or destruction of property including loss of use resulting
therefrom. The Engineer shall furnish the Agent a completed Certificate of Insurance provided
and approved by the Agent prior to beginning work under this Agreement.
SECTION 20 - OPINIONS OF COST
20.1. Engineer's opinions of probable Total Project Costs and Construction Management Cost
provided for herein are to be made on the basis of Engineer's experience and qualifications and
represent Engineer's best judgrnent as an experienced and qualified professional engineer,
familiar with the construction industry; but Engineer cannot and does not guarantee that
Page 10 of 13
proposals, bids or actual Total Project or Construction Costs wi11 not vary from of opinions of
probable cost prepared by Engineer.
SECTION 21- ENTIRE AGREEMENT
21.1. This Agreement together with the Attachments, Bxhibits and Special Provisions
identified herein constitutes the entire Agreement between the Sponsor and the Engineer and
supersedes all prior written or oral understandings. This Agreement and Attachments, Exhibits,
and Special Provisions may only be amended, supplemented, modified or canceled by a duly
executed written instrument.
SECTION 22 - CHILD SUPPORT CERTIFICATION
22.1. Under Section 231.006 of the Family Code, the Consultant certifies that the individual or
business entity named in this Agreement is eligible to receive the specified grant or payment and
acknowledges that this Agreement may be terminated and payment withheld if this certification
is inaccurate. The Consultant further acknowledges that he or she has read Attachment K,
attached hereto and made a part of this agreement and has provided the names and social security
numbers required therein.
SECTION 23 - APPLICABLE LAW
23.1. Under Section 22,055 (b), Transportation Code, Chapter 22, this Agreement is made
pursuant to the law governing the making of Agreements by or on behalf of the State of Texas.
SECTION 24 — DEBT TO THE STATE
24.1. If the Comptroller is currently prohibited from issuing a wa.rrant to the Engineer because
of a debt owed to the State, then the Engineer agrees that any payments owing under the
Agreement will be applied towards the debt ar delinquent taxes until the debt ar delinquent taxes
are paid in full.
SECTION 25 — BUY TEXAS
25.1. If this Agreement does not include federal funds, the consultant shall buy Texas projects
and materials for use 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 State, consultant shall furnish documentation of these purchases or a description
of good faith efforts to do so.
SECTION 26 — VENUE
26.1. Venue for resolution by a court of competent jurisdiction of any dispute arising under the
Page 11 of 13
terms of this Agreement, or for enforcement of any of the provisions of this Agzeement, is
specifically set by Agreement of the parties hereto in Travis County, Texas.
SECTION 27 — ENGINEER'S EMPLOYEES
27.1 By executing this contract, the Engineer is certifying that the Engineer 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 Engineer 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 Engineering Services
have signed or caused their respective names to be signed to triplicate counterparts hereof on the
� day of Auaust , 2012.
ENGINEER
By:
res' ent
Title Engineer , i .
(Name of Firm)
Longview, TX 75601
(City, State, Zip)
THE STATE OF TEXAS
COUNTY OF GREGG
Narne: Joncie H. Young, P.E.
140 E. Tyler Street, Suite 600
(Address)
903-236-7700
(Area Code & Phone Number)
Before me, the undersigned authority, on this day personally appeared �oncie H. Young
known to me to be the Engineer named in this Agreeznent, or the Engineer's authorized
representative, and is the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she has authority to execute and has executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office this
� ��ai
� �,vv��c
ALEEDA R. BARTON
My Commission Expires
September 14, 20i2
4
Sj��E � ���
�day of Au9ust , A.D. 2012.
Aleeda R. Barton ���—�l�-k. /�_ �"�i�-'
Notary Public, State of Texas
My Commission expires 9-14-2012
Page 12 of 13
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
�
By: � Date: % `�' /�
David S. Fulton, Director
Aviation Division
%xas Depa�tment of TransporfatjOr�
Page 13 of 13
ATTACHMENT A
SERVICES TO BE PROVIDED BY THE AGENT
TxIIOT CSJ NO.: 1218DNTON
Agent shall do the following in a timely manner so as not to delay the services of the Engineer:
1. Provide sufficient criteria and information as to the Agent's requirements for the
Project including but not limited to performance requirements; budget constraints; and
construction standards.
2. Make available plans, specif cations, inaps, field notes, previous reports, statistics,
and other data in the Agent's possession relative to the existing facilities and tfl the Project.
3. Fumish the Engineer appropriate data in the Agent's or Sponsor's possession
including, but not limited to, soils and foundation investigations, boundary and other surveys,
environmental assessments or environmental impact statements, and planning or engineering
reports.
4. Examine all studies, reports, sketches, drawings, specifications, proposals, and
other documents presented by the Engineer.
5. Give prompt written notice to the Engineer whenever the Agent observes or
otherwise becomes aware of any development that affects the scope ar timing of the Engineer's
services, or any defect in the work of the contractor(s).
6. Direct the Engineer ta provide necessary Additional Services as stipulated in
5ection 4 of this Agreement or other services as required.
A -1
ATTACHMENT B
CONSTRUCTION MANAGEMENT SERVICES TO BE PROVID�D BY TH�
ENGINEER
TxDOT CSJ NO.: 1218DNTON
Engineer shall provide the Sponsor professional engineering services in all phases of the project
to which this Agreement applies as hereinafter provided. These services will include serving as
the Sponsor's prafessional engineering representative for the project and providing professional
engineering consultation and advice incidental thereto.
A. CONSTRUCTION PHASE
After written authorization to proceed with the Construction Phase, Engineer shall:
1. Conduct a preconstruction conference with representatives of the Agent, the
Sponsor, the contractor(s) and other interested parties. The Engineer shall prepare and distribute
a record of the preconstruction conference to the attendees, For projects involving the placement
of HMAC (P-401) and/or concrete (P-501), the engineer shall furnish the contractor an agenda or
checklist of items which will be addressed during the pre-paving conference.
2. Conduct a meeting with airport users, and the contractor to explain the
construction project, delineate lines of authority, and review the construction Phasing and Safety
Plan.
3. Prepare a Notice of Intent (NOI) for TxDOT to submit to the Texas Commission
on Environmental Quality (TCEQ), as necessary per Storm Water I'ollution Prevention Plans
(SWP3).
4. Perform the necessary field surveys for establishing horizontal and vertical
contrals for the use of the contractor{s) during the performance of the construction,
5. Make visits to the site at intervals appropriate to the various stages of construction
as Engineer deems necessary in order to observe as an experienced and qualified design
professional the progress and quality of the various aspects of the Contractor (s) work. Based on
information obtained during such visits and on such observations, Engineer shall endeavor to
determinate in general if such work is proceeding in accordance with the Agreement Documents
and Engineer shall keep Agent informed of the progress of the work. The Engineer shall
endeavor to protect the Agent and Sponsor against defects and deficiencies in the work of the
contractor(s); however, it is understood that the Engineer cannot guarantee the performance of
the contractor, nor is the Engineer responsible for the actual supervision of the construction
operations or for any safety measures the contractor{s) takes or should take.
CC�1
6. Consult with and advise the Agent, issue all instructions to the contractor(s) as
may be requested by the Agent and prepare change orders and provide necessary documentation
for supplemental Agreements as requixed.
7. Conduct a pre-paving meeting prior to the HMAC (P-4Q 1) test strip and/or
concrete placement (P-501), which involves the contractor, RPR and testing lab; and which
clarifies all paving specification requirements and procedures.
S. Review: (a) samples; (b) cat�log data; (c) schedules; (d) shop drawings; (e)
laboratory, shop, and mill tests of materials and equipment; and, other data submitted by the
contractor. Such reviews will be only for conformance with the design concept of the Project
and compliance with the information given in the Agreement documents. The Engineer shall
provide one copy of the documents with review comments to the Agent.
9. Prepare and/qr verify any periodic and final estimates for payments to the
contractor(s), and fumish the Agent with any necessary certifications as to payments to
contractors and suppliers.
10. Conduct, in the company of the Agent and the Sponsor, � final inspection of the
Project for conformance with the design concept of the Project and compliance with the
Agreement documents, and approve, in writing, final acceptance of the project. The Engineer
shall prepare and distribute copies of the findings to the Agent, the Spansor and the Contractor.
F. CLOSEOUT PHASE
After written authorization to proceed with the Closeout Phase, Engineer Shall:
l. Provide Agent with a final test and quality contral report documenting the results
of all tests performed, highlighting those tests that failed or did not meet the applicable test
standard and the actions(s) taken. The report shall include any pay reduction applied and reasons
for accepting any out of tolerance material.
2. Prepare and submit one CD containing plan drawings in single page monochrorne
TIFF format at a minimum resolution of 404 dpi or a maximum sheet size of ANSI D(22" x
34") showing those changes made during the construction process based on the marked-up
prints, drawings and other data furnished by contractor(s) to Engineer and those changes which
Engineer considers significant.
3. Update the existing Airport Layout Plan (ALP) as necessary to indicate items
completed during construction. Field verification of runway end coordinates and elevations are
required if they have been altered during canstruction. Transfar the updated existing ALP to a
computer aided design and drafting (CADD) format as direcied by Agent. The Engineer shall
furnish the Agent with three (3) review copies, and upon approval, two reproducible Mylars of
minimum 4 mil thickness and fifteen (15) copies of the ALP and one set of computer diskettas of
a type directed by the Agent containing a CADD copy of the ALP.
B-z
4. Furnish Agent with 3 bound copies of all approved catalog cuts, warranties,
maintenance data, parts lists, and names of equipment and materials suppliers.
5. Furnish TxDOT with the RPR's original diaries.
6. Furnish TxDOT with a copy of the contractor's Notice of Termination (NOT) to
TCEQ as necessary for SWP3. '
7. Prepare a Notice of Termination (NOT) for TxDOT to submit to TCEQ as
necessary for SWP3.
8. Conduct an inspection of the Project prior to the expiration of any warranty period
and advise the Agent of any recommended action to be taken under the terms of any warranty,
9. Engineer shall submit only ane pay request for closeout phase upon completion of
alI tasks associated with closeout with the exception of the warranty period,
�
ATTACHMENT C
DUTIES, RESPONSTBTLTTYES AND LTMITATIQNS
OF AUTHORITY OF THE RESrDENT PROJECT REPRESENTATIVE
TxDOT CSJ NO.: 1.218DNTON
A. General.
The Resident Project Representative (RPR), as the Engineer's agent, will act as directed by and
under the supervision of the Engineer, and will confer with the Engineer regarding RPR's
actions. The Resident Project Representative's dealings in matters pertaining to the on-site work
shall in general be with the Engineer, Agent's Construction Manager and Contractor, keeping the
Sponsor advised as necessary. Dealings with the subcontractors shall only be through or with the
full knowledge of the Contractor.
B. Duties and Responsibilities.
Resident Project Representative will:
1. Conferences. Attend preconstruction conference. Arrange and conduct a
scbedule of progress/coordination meetings and other job conferences as required in consultation
with the Engineer and notify in advance the Agent's Construction Manager, Sponsor's
Representative, Contractor and others that wi11 be expected to attend. Record, maintain and
circulate copies of minutes to alI attendees.
2. Schedules. Review the progress schedule, schedule of submittals and schedule of
values prepared by the Contractor and consult with the Engineer conceming their acceptability.
Liaison.
a. Serve as the Engineer's liaison with the contractor superintendent and
assist the superintendent in understanding the intent of the Contract Documents. Assist the
Engineer in serving as the Sponsor's liaison with the Contractor when the Contractor's operarions
affect the Spansor's on-site operations.
b. As requested by the Engineer, assist in obtaining from the Agent's
Construction Manager additional details or information, when requested at the job site for proper
execution of the work.
4. Submittals.
a. Receive and record date of receipt of all required Submittals, receive all
samples which are furnished at the site by the Contractor, and notify the Engineer of their
availability for examination.
C-i
b. Advise the Engineer and Contractor prior to the commencement of any
work requiring a Submittal that has not yet been approved by the Engineer.
5. Review of Work, Rejection of Defective Work, Inspection and Tests.
a. Conduct on-site observations of the work in progress to assist the Engineer
in determining if the work is proceeding on schedule and in accordance with the Contract
Documents and whether completed work will conform to same.
b. Report immediately to the Engineer and Ageut's Construction Manager
whenever the RPR believes that any work is unsatisfactory, faulty or defective or does not
coziform to the Contract Documents, or does not meet the requirements of any inspections, tests
or approval required to be made or that has been damaged prior to imal acceptance; promptly
advise the Engineer and Agent's Construction Manager when the RPR believes work should be
corrected or rejected or should be uncovered for observation, or requires special testing,
inspection or approval.
c. Verify that tests, equipment and systems stariups and
operating/maintenance procedures are conducted as required by the Contract Documents and in
the presence of the required personnel, and that the Contractor maintains adequate records
thereof; observe, record (in the Daily Diary) and report to the Engineer and Agent's
Construction Manager appropriate details relative to the test procedures and startups.
d. Accompany visitors representing public and other agencies having
jurisdiction over the Project, record (in the Daily Diary) the outcome of these inspections.
e. The RPR should review all stormwater prevention measures, if applicable,
at least weekly as to their function and adequacy, and after each rain event. Any noted
deficiencies must be immediately communicated to the contractor, with subsequent review to
ensure an appropriate response.
6. Interpretation of Contract Documents. Transmit to Contractor the Engineer's
clarif►cation and intezpretations of the Contract Documents.
7. Modifications. Consider and evaluate Contractor's suggestions for modifications
in Drawings or Specifications and report them with recommendations to the Engineer and
Agent's Construction Manager.
Records.
a. Maintain at the job site orderly files for correspondence, reports of job
conferences, Submittals and sample submissions, reproductions of original Contract Documents
including all addenda, change orders, field orders, additional Drawings issued subsequent to the
execution of the Contract Documents, Daily Progress Reports, test reports and other project
related documents.
G2
b. Keep a Daily Diary, recording hours on job site (include RPR's), weather
conditions, work force, equipment in use and idle, data relative to questions of extras or
deductions, list of visitors, daily activities, decisions, observatioas in general and specific
observations in more detail as in the case of observing test procedures. Send copies to the
Engineer and Agent's Constructian Manager on a weekly basis.
c. Maintain on a current basis a set of project drawings marked to show the
work as actually constructed and assist the Engineer in the preparation of Record Drawings from
the information on these marked drawings,
d. Record names, addresses and telephone numbers of all Contractors,
subcontractors, testing laboratories and major suppliers ofxnaterials and equipment.
9. Report.
a. Furnish weekly construction reports to the Engineer and Agent's
Construction Manager in the form of copies from the Daily Diary (provided by Agent) on a
weekly basis.
b. Notify the Engineer and Agent's Construction Manager of deficiencies in
the Cantractor's compliance with the approved progress schedule and/or schedule of Submittals.
c. Consult with the Engineer and notify the Agent's Construction Manager in
advance of scheduled major tests, inspection or start of important phases of the work.
d. Report immediately to the Engineer and Agent upon the occurrence of any
accident.
e. Report iznmediately to the Engineer and Agent's Construction Manager
any tests or inspections not in compliance with the Contract Documents.
10. Paynnent Requests. Review and approve Contractor pay requests for compliance.
Forward a copy of the approved payznent to the Engineer, noting particularly quantities, work
completed, and materials and equipment deiivered at the site but not incorporated in the work.
The Contractor is responsible for forwarding the approved original payment request to TxDOT.
ll. Wage Rates: Submit weekly construction reports to Agent. Interview the
Contractor's employees and determine whether the Contractor is campensating employees in
accordance with the wage rates contained in the Contract Documents. Document the interviews
in the Daily Diary. Submit one to three interviews to Agent monthly on the Wage Rate
Interview Form provided by the Agent for verification of pay rates.
12. Submittals of Certificates, Maintenance and Operation Manuals. During the
course of the work, verify that certificates, maintenance and operation manuals and other
C-3
Submittal data required to be assembled and furnished by the Contractor are applicable to the
items actually installed; and deliver this material to Engineer for his review and forwarding to
the Agent prior to iinal acceptance of the work.
13. Completion. Conduct the final (or partial if applicable) construction inspection in
accordance with Section 50 in the general provisions of the project specifications, in the
company of the Engineer, Agent, Sponsor, Contractor and other interested parties.
C. Limitations of Authority.
Except upon written instructions from the Engineer and with the Agent's concurrence, the
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or approve any
substitute materials or equipment.
2. Shall not exceed limitations on the Engineer's authority as set forth in the Contract
Documents,
3. Shall not undertalce any of the responsibilities of Contractor, subcontractors or
Contractor's superintendent to expedite the work.
4. Shall not advise on or issue directions relative to any aspect of the means,
methods, techniques, sequences or procedures of construction unless such is speci�cally called
for in the Contract Documents.
5. Shall not advise on or issue directions as to safety precautions and programs in
connection with the work.
6. Shall�not authorize the Sponsor to occupy the Project in whole or in part.
7. Shall not participate in specialized field or laboratory tests unless approved by the
Agent and the Engineer.
C-4
ATTACHMENT D
MATERIALS TEBTING LABORATORY SERVICES
TxDOT CSJ NO. : 1218DNTa►N
1. The Engineer shall submit, in writing, the name of the Laboratory for the Project to the
Agent for approval.
2. The services of the Laboratory shall be performed in accordance with the basic
requirements of ASTIvZ E 329, "Recommended Practice for Inspection and Testing Agencies,"
ASTM C 1077, Standard Practice for Laboratories Testing Concrete and Concrete Aggregates
for Use in Construction and Criteria for Laboratory Evaluation, and ASTM D 3666, Standard
Practice for Evaluating and Qualifying Agencies Testing and Inspecting Bituminous Paving
Materials as published by the American Society of Testing Materials.
3. The Engineer shall promptly submit to the Agent formal reports from the Laboratory of
all tests and inspections indicating, where applicable, compliance with the Project Specifications
or other contract documents. Such reports shall be complete and factual, citing the tests
performed, methods employed, values obtained, project area involved, and other pertinent data.
These reports shall be signed by a registered professional engineer with expertise in the area for
which the report is made. The reports shall he distributed only as specifically designated by the
Agent.
4. The Laboratory is not authorized to revoke, alter, relax, enlarge or release any
requirements of the project specifications or other contract documents or to approve or accept
any portion of the work. The Laboratory does not have the right of rejection or the right to stop
the work, except for such reasonable periods as may be required to conduct the sampling, testing
or inspection operations.
5. The Laboratory shall report immediately to the Engineer or Resident Project
Representative, any materials tested or inspected, which do not comply with the project
requirements. The Engineer shall then, within the same working day, notify the Agent's
Construction Manager.
6, The Labflratory or its representative shall not act as foreman or perform other duties for
the Contractor.
7. Quality assurance testing shall be in accordance with the requirements in the
Constructian Contract General Provisions and Technical Specifications.
f�
Construction Phase
Closeout Phase
ATTACHMENT E
WORK SCHEDULE
TxDOT CSJ NO.: 1218DNTON
E-1
As needed
45 Calendar days
ATTACHMENT F
ADDIT�ONAL SERVICES TO BE PROVIDED B�' THE ENGINEER
TxD�T CSJ NO.: 1218DNTON
If authorized by supplemental Agreement by Agent, Engineer shall furnish or obtain from others
additional services of the types listed hereinafter. These services are not included as part of the
Construction Management Services to be Provided by the Engineer. Compensation for
additional sezvices will be in addition to compensation for services performed under 5ection 1-
Scope of Services.
1. Boundary, land, and right-of-way surveys, establishment of monuments; and,
related office computations and drafting.
Preparation of property or easement descriptions and related drawings.
3. Assistance ta the Agent and Sponsor as an expert witness in any litigation with
third parties arising from the development or construction of the project.
4. Appearance before regulatory agencies.
5. Preparation of Environmental Impact Assessment Reports and assistance to the
Agent in preparing for and attending public hearings.
6. I3etailed mill, shop, and/or laboratory inspections of materials or equipment.
7. Additional copies of reports, plans, specifications, and documents above the
number speci�ed to be fumished under the Construction Management Services.
8. Travel and subsistence for the Engineer and Engineer's staf;f beyond that normally
required under the Construction Management Services, when authorized by the Agent.
9. Preparation of operating instructions and manuals for facilities and training of
persocu�el in the operation of the facilities.
10. During the construction phase, actual performance of soil materials, foundation
investigations, and pavement mix designs, including field and laboratory tests, borings, related
engineering analyses, and recommendations necessary for quality control.
11. Preparation of a updated Airport Layout Plan.
12. Any other services required for the project, autharized in writing by the Agent,
and not otherwise provided for in this Agreement.
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ATTAC�iMENT G
LUMP SUM FEE DISTRIBUTION TO THE ENGINEER
TxDOT CSJ NO.: 1218DNTON
Subject to the limitations of Section 5 and other provisions of this Agreement the lump sum fee
for Construction Management Services as provided under Section 5- Payments to the Engineer
shall be distributed on the basis of the following fees of the total lump sum fee for the phases of
the Project.
Phase Fee b Phase
Construction Phase $18,610.00
Closeout Phase $2,841.00
RPR Hourl Fee- 880 hrs $SS.UO.!hr $51,040.00
Testing Fee $42,949.00
GI
ATTACHMENT H
SPECIAL PROVISYON
CONTRACTOR CONTRACTUAL REQUIREMENTS
TITLE VI ASSURANCES
TxDOT CSJ NO.: 1218DNTON
During the performance of this Agreement, the contractor, for himself, its assignees and
successors in interest (hereinafter referred to as the "contractor" agrees as fol�ows:
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 of this Agreement.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurexnent of materials and leases of
equipment. The contractor shall not participate either directly or indirectly in the discrimination
prohibited by section 21.5 of the Regulations, including employment practices when the
Agreement covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontractors, Including Procurement of Materials and Equipment. In
all solicitations either by competitive bidding or negotiation made by contractor for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this Agreement 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 Adminisiration {FAA) to be pertinent to ascertain
compliance with such Regulations, orders, and instructions. Where any information required of
a contractor is in the exclusive possession of another who fails or refuses to fumish 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 infarmation.
5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the
nondiscrimination provisions of this Agreement, the Agent shall impose such contract sanctions
as it or the FAA may deterniine to be appropriate, including, but not limited to:
{a) withholding of payments to the contractor under the Agreement until the contractor
complies, andlor
(b) cancellation, tennination, or suspension of the Agreement, in whole or in part.
�
6. Incomoration of Provisions. The contractor shall include the provisions of paragraphs 1
through 5 in every subcontract, including procurement of materials and leases of equipment,
unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as the Agent or the FAA may direct
as a rneans of enforcing such provisions including sanctions for noncompliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or supplier as a result af 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.
H-2
ATTACHMENT I
DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
TxDOT CSJ NO.: 1218DNTON
1. POLICY. It is the policy of the United States Department of Transportation (DOT} that
Disadvantaged Business Enteiprises (DBE), as defined in 49 CFR Part 26, Subpart A, be given
the apportunity to compete fairly for contracts and subcontracts financed in whole or in part with
Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26
apply to this Agreement.
2. DBE OBLIGATIONS. The contractor wilt offer DBEs, as defined in 49 CFR Part 26,
Subpart A, the opporiunity to compete fairly for contracts and subcontracts financed in whole or
in part with Federal funds provided under this Agreement. In this regard, all contractors will
make a good faith effort in accordance with 49 CFR Part 26 to meet the contract DBE goal.
Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award
and performance of DOT-assisted contracts. The Contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. The
requirements of this provision shall be physically included in any subcontract,
3. PROJECT DBE PARTICIPATION GOAL AND GOOD FAITH EFFORT. The
bidderlproposer 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 (10%) ten 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 D�E 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. Eligibie 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 coniract. If the bidder fails to achieve the contract goal stated herein, it
will be required to provide documentation demonstrating that it made good faith efforts in
attempting to do so. A bid that fails to meet these requirements will be considered
nonresponsive. If the Director of Aviation determines that the apparent successful competitor
has failed to meet the gaod faith effort requirements, they will be given an opportunity for
reconsideration by the Director of the Construction Division.
4. Counting 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 per:formed with his/her own forces is counted toward the DBE
goal. When a DBE subcontTacts 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
DBE is defined for this program as one that is currently certified by the Texas Deparhnent of
Transportarion.
I-1
b. The Agent and its contractors will count toward the DBE goals a portion of the
total dollar value of a contract with a certified DBE joint venture equal to the distinct, clearly
defined portion of the work of the contract performed by the DBE.
c. Only expenditures to the DBE that performs a commercially useful function in the
work of a contract will be counted toward the DBE goals. A DBE is considered to perform a
commercially useful function when it is responsible for execution of the work of the contract and
carrying out its responsibilities by actually performing, managing, and supervising the work
involved. To determine whether a DBE is performing a commercially useful function, the Agent
and its contractors will evaluate the amount of work subcontracted, industry practices, and ot�er
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 DB� may enter into subcontracts. If
a DBE contractor subcontracts a significantly greater portion of the work of the contract than
would be expected on the basis of normal industry practices, the DBE shall be presumed not to
be performing a commercially useful function. The DBE may present evidence to the Agent to
rebut this presumption.
e. The Agent and its contractors wili 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 fram 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 prernises 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 inaintains a store, warehouse, or other establishment in which the materials, supplies, articles
or equipment of the genera] 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 firrn must be an established regular business that engages in,
as its principal business, and in its own name, the purchase and sale of the praducts in question.
A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need
not keep such products in stock, if it owns or operates distribution equipment for the product.
Brokers, packagers, manufacturers' representatives or other persons who arrange or expedite
transactions shall not be regarded as regular dealers. Any supplementing of regular dealers own
distribution equipment shall be by a long-term lease Agreement and not on an adhoc or contract-
by-contract basis.
h. The Agent and its contractors may count towa.rd the DBE goals the following
expenditures to DBE firms that are not manufacturers or regulaz 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:
I-2
(1) The fees or commissions charged by a DBE for providing a bona fide
service, such as professional, technical, consuItant or managerial services, and assistance in the
procurement of materials or supplies required for performance of the contract, provided that the
fee or commission is determined by the Agent to be reasonable and not excessive as compared
with fees customarily allowed for similar services.
(2) The fees charged for delivery of material and supplies required on a job
site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or
delivery service is not also the manufacturer or a regular dealer in the materials and supplies.
(3} The fees or commission charged for providing any bonds or insurance
specifically required for the performance of the contract.
5. CONDITIONAL AWARD. If the successful bidder for a federal-aid contract is
determined to be acceptable, the Agent will conditianally 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 subcontractors that are proposed 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 firni. A contractor who does not meet the contract goal, in whole or
in part, must submit within the 14 days, documentation showing the steps taken to obtain DBE
participation ("Good Faith Effort").
Such documentation is to be submitted directly to the Agent's Grant Administrator. The Agent's
Grant Administrator will evaluate the contractor's documented efforts and will determine
whether or not they constitute compliance with the contract DBE requirements and are
acceptable. Should the bidder to whom the conixact is conditionally awarded refuse, neglect or
fail to meet the goals or fumish 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 fumish to the Agent names and addresses
of the DBE subcontractors that are intended to be used, a description of the work each
subcontractor is to perform, the dollar value of each proposed subcontract, and a tentative
Agreement for each DBE firm submitted, signed by an officer of the contractor and an officer of
the proposed DBE finm. A professional service provider who does not meet the contract goal, in
whole or in part, must submit prior to execution of the contract, documentation showing the good
faith efforts made to meet the DBE goal.
Such documentation is to be submitted directly to the Aviation Division. TxDOT's Aviation
Division wi11 evaluate the professional service provider's documented efforts and wi11 determine
whether ar not they constitute compliance with the contract DBE requirements and are
acceptable. If the Directar of the Aviation Division determines that the professional service
provider has failed to meet the good faith effort requireznents, the professional service provider
I-3
will be given an opportunity for recansideration by the Director of the Construction Division.
5hould the professional service provider whose proposal has been conditionally accepted
refused, neglect or fail to make a good faith effort to meet the goals or furnish acceptable
documentation, the Agent may then conditionally accept the proposal of the second selected
proposer.
7. REQUIRED REPORTING O� DBE PARTICIPATION. The contractor shall submit on
a monthly basis reports of DBE participation to meet the goal and for race-neutral DBE
participation, and submit a final report on the completion of the project. Only actual payments
made to DBEs are to be reported. Reports for race-neutral DBE participation on contracts with
no DBE goal are required.
$. SANCTIONS FOR NONCOMPLIANCE. In the event of the contractor's noncompliance
with the DBE requirements of this contract, the Agent may impose one or more of the
following contract sanctions :
a. cancellation, termination or suspension of the contract, in whole or in part, and/or
b. withholding of payments to the contractor under the contract until the contractor
camplies, and/or
c, other remedies as PAA or the Agent deems appropriate.
I-4
ATTACHMENT J
SCHEDULE O�' MATERIALS TESTING COSTS
TxDOT CSJ NO.: 1218DNTON
See attached testing schedule.
J-1
Budget Estimate for Construction
Materials Engineering and Testing Services
Year2012 Apron Expansion
Denton Municipal Airport
Denton, Texas
TxDOT CSJ No. 1218DNTON
Bid Schedule No. 2: Expand Apron (Concretej; MTE Proposal No. P12-110LC 7121J12
Addifive Alternate No. 2: Remove and Replace Existing Apron (Concrete);
Additive Alternate No. 4: Expand Apron West of Terminai Building & ATC7 (Concrete); and
Additive Alternate No. 5: South Erosion Re alrs
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:::�::€::;� ::::::::::::::::::?�`:�:°::�::�:::�:°:::'::s:::`.:...:...:.;,:..::.:.:.:.:::._ :;:,;.,.:.,.:.:::.:.:.:.::::::::::::::::::: ::::::::::::::::;::s:::::::::::: ::::: �� . . . . .11� A� . . .
::::.:::::::::::::::.� : :. :. :•:::� �:::::::::::::,.���!�1�1��'I,.b�1:1:���'�f�1�::::::::::� °�':::::::::::::�:::::::;::::::::: :::::.. .. . . . . . . .. . . ...
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?:?:�:�re��o�is�ru .... .:�.........
Attendance of Pre-Construction and Pre-Paving Meetings
Sr. Geotechnical Engineer (Pre-Constn.�ction Meeting) $120,00 hour 8 $96Q.00
Transportation Charge (Longview) $150.Q0 trip 1 $150.00
Testing Laboratory Project Manager (Pre-Con. & Pre-Pave Meetings) $85.OD hour 8 $680.Q0
Transportation Charge (Local} $50.00 trip 2 100,40
Estimated 5ubtotal: $1,890.00
�;::::�A#�?[f�:m�F :�5�::: �i�ca�a�[ari ai,i.ci:�m�ii����::s::' ::` :`°:`::s: �.�'::
Bid ltem Numbers: 2.04, A2.02, A4,02 & A5.01 (1,�f58+ CY (total}
Unclassified Excavation), 2,05 & A5.02 (370+ CY (total) On-Site
Borrow Embankment !n Placej, and 2.06, A2.03 & A4.fl3 (55+ CY
(total) Undercut and Replace l7nsuitable Subgrade Material with
Suitabie Material as Directed by the Engineer)
Moisture/Density Relationship of Soils
Standard Proctor (ASTM D698) - Natural Soils $150.00 each 3 $450.oQ
Atterberg Limits (ASTM D4318) - Natural Soils $55.0� each 3 $165.40
Percent Finer Than No, 204 Sieve (ASTM D1140) - Natural Soils $50.00 each 3 $150.00
Oven Dried Moisture Content (ASTM D2216) $7.00 each 3 $21.00
Sulfate Content in Soils - Colorimetric Method (Tex-145-E, Part fl) $125.00 each 3 $375.00
Constructian Materials Engineerirtg Technician (includes technician
sampling and performing all required in-place (nucfear) density
testing (ASTM D6938), portal to portal, 3 hour min. per trip)
Sample Pick-Up: Est. 1 trip @ 4 hours $45.00 hour 4 $180,00
Gompaction Testing: Est. 5 trips @ 4 hours ! trip $45.00 hour 20 $900.00
In-Place Density Tests (ASTM D 6938), Nuclear Method �'� $15.00 each 25 $375.00
Transportation Charge {including round-trip milsage) ��� $50.0� trip fi $300.00
Senior Geotechnical Engineer (project coordination / management, $120.00 hour 6 720.Oa
review of all test repo�ts, discussians with the Client, etc.)
Estimated Subtotal: $3,636.00
NOTE: Testing frequency to be established by the Client during construction. For budgeting purposes, we have
assumed performing random (periodic) soils (compaction} testing services. Specifically, for budgeting purposes,
we have assumed performing random (periodic) soils {campaction) testing services during five (5y trips on-site. In
addition, for budget purposes, we have assumed perforrning five (5} in-place (nuclear) density tests (ASTM Dfi938}
per trip. Therefore, #or budgeting purposes, we have assumed performing approximatety 25 in-place (nuclear} density
tests (ASTM D6938).
�'� Does Nat Include Technlcian Time
Continued on Next Pa e
F.LLC1Proposals1P121P12•110LC1P12-1'IOLCxIsx I'age 1 of 9 Budget Estimate (PCC) 7.21.12
Budget Est€mate for Construction
Materials Engineering and Testing Services
Year2fl12Apron Expansion
Denton Municipal Airport
Denton, Texas
TxDOT CSJ No. 1218DNTON
Bid Schedule No. 2: Expand Apron (Concrete); MTE Proposal No. P12-110LC 7121/12
Additive Alternate No. 2: Remove and Repiace Existing Apron (Concrete);
Additi�e Alternate No. 4: Expand Apron West of Terminal Building � ATCT (Concrete); and
Additive Alternate No. 5: South Erosion Re airs
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:.:.:.:..,: .:...:. ........ .... ... ................: . . .. . . ..... ...... . . ..
(Continued from Previous Page)
::::;::�. �.`:!�-�:::..,.R:�: � :�::' �-��.. :;3��'�iz ':�u �`ra��:::::::-�s':::�:°:��:�::_>`:
:;:::::;::":�::::`:::'� �..��r� .. . ..�� ...�t�... . �. . . es�. . b . .. .
Bid ltem Numbers: 2.07, A2.04 8� A4.04 (90,480+ SY (total) -
6 fnches thick) and 2.08, A2.05 8� A4.05 (187+ tons (total): 7%j
Construction Materials Engineering Technician (includes technician
sampling and performing all required field testing (field gradation
tests (Tex-909-E, Part III), in-place (nuciear) density testing (ASTM
D6938), in-place thickness determinations, etc.) portal io portal,
3 naur minimum per trip)
Subgrade Sample Pick-Up (Sulfates}: Est. 1 trip @ 5 hours $45.00 hour 5 $225.00
Pulverization (Field Gradation) Testing/Subgrade Sample Pick-Up:
Est, 2 trips @ 5 hours / trip $45.00 hour 10 $450.40
Compaction Testing: Est. 2 trips @ 5 hours / trip $45.00 hour 10 $450.00
In-Place Thickness Determinations: Est. 2 trips @ 6 hours ! trip $45.00 hour 12 $540.00
Sulfate Content in Soils - Colorimetric Method (Tex-145-E, Part II) $125.00 each 11 $1,375.0�
Field Gradation on Lime Stabilized Subgrade (Tex-101-E, Part III) ��� $15.00 each 11 $165.00
Moisture/aensity Relationship of Soils
Standard Proctor (ASTM D698) - Lime Treated Soils $165.00 each 11 $1,815,00
Atterberg Limits (ASTM D4318) -1.ime Treated Soils �60.00 each 11 $680.00
Oven Dried Moisture Content (ASTM D2216) $7.00 each 11 $77.00
In-Place Density Tests (ASTM b 6938), Nuclear Method �'� $15.00 each 11 $165.00
oven Dried Moisture Content (ASTM D2216) $7.00 each 11 $77.00
!n-Place Thickness �eterminations ��� $15.00 each 36 $540.00
Transportation Charge (including round-trip mileage} �'� $50.OQ trip 7 $350.04
Senior Geotechnical Engineer (project coordination / management, $120.�0 hour 7 840.00
review of all test reports, discussions with the Client, etc.}
Estimated Subtotal: $7,729.00
NOTE: Testing frequency to be established by the Engineer during construction. For budgeting purposes, we
have assumed abtaining representative samples of the pavfng subgrade (untreated) soils (prior to stabilization
operations to determine their concentrations of sulfates for evaluation of the potential for sulfate induced heave)
at a rate of at feast one (1) sarnple per 1,000 square yards (SY) of surtace area. Likewise, we have assumed
performing pulverization (field gradation} tests (Tex-109-E, Part II!), and �btaining samples for laboratory Proctor
testing (ASTM D698) on the lime treated subgrade soils at a rate of at least one ('f) test per 1,000 square yards (SY)
of surface area. Similarly, we have assumed performing in-place (nuclear) density tests (AS7M D693$) on the lime
treafed subgrade soils at a rate of at least one (1) test per 1,OOQ SY of surface area. At each in-pface density test
locativn, a representative sample of the lime treated subgrade soils shall be obtained and laboratory oven dried
moisture content tests (ASTM D2296) pertormed to determine the moisture content of the lime treated subgrade
soils. The dry density values used for evaluating compactfon levels (percent density) shall be caloutated based on
Continued on Next Pa e
F:1LC1Propasels1P7Z1P12-11aLC1P72-170LC.xlsz Page 2 of 9 Budget Estima#e (PCC) 721.92
Budget Estimate for Construction
Materials Engineering and Testing Services
Year 2012 Apron Expansion
Denton Municipal Airport
Denton, 7exas
7xDOT CSJ No. 1218DNTON
Bid Schedule No. 2: Expand Apron (Concrete); MTE Proposal No, R12-110LC 7/29/12
Additive Alternate No. 2: Remove and Replace Existing Apron (Concrete};
Additive Alternate No. 4: Expand Apron West of Terminaf 8uilding & A7CT (Concrete); and
Additive Alternate No. 5: 5outh Erosion Re alrs
::��:::;::s;:::; :�::
, ;;:
.:.:.:::: :::::... . ::....:..:: �::.::.::;€:::.::::::::::::::::::� :-::::::::::::::°-::�€:::::. ..... .i:i:;.i:::::'.:;:::::::'::::`.:: �:'°:: .. ::�::::; :::�:��::' : ::�::::: .� ':1'� ' ��' � 1� T
:. :. ... .:.:.:.:.:.::.
_.;;;:�t�;� :.:.:..:.:.::.IiNi7':::.:. � .�I� �. N�
: :::�::::::� �:::. ::::::::::.:.:.:::::::::.::�:��.: .:,.:::::::::�•�•°"�;5�.:. . , .
::::.:::: . .::::::� .,.;:
. ii � . .IE'�'10 �1:`C�'S'�I�l� ' ...� ::::::: ::111� � � € ::::G�i�iNTi�t?f::::::;���p1�CxUN'�: : :
. . � �5. ..k� ., . .N . . . .. .... . .. . .. :. ..... ....: .. .: . . ... . . .. � . . . .. .. ... .. ..I� . .. . . . .. . . .. ... . . .. .. .
(Continued from Pre�ious Page)
; ,� ,;::: �;:. . . .
::::::�::��:�#�i:=��'�5.�'r.,.:.��rri�e::�Ea�ili�e�;�ul��� �a�i:�.: �?�f� ::::: :�::�::::>:s� ::�:
HOTE (Cont.):
the wet density values determined in the field in accordance with A5TM D6838 {nuclear tnethod) and the o�en dried
moisture contents determined in the laboratory in accordance with ASTM D2216. In addition, we have assumed
performing in-place thickness determinations of the Iime treated subgrade soifs at the rate of at least one (1) test
per 300 SY of surface area. For budgeting purposes, we have assumed the liming operations to be performed in
two (2) operattons, consisting of approximatefy 94 tons per day's pfacement operations. Therefare, for hudgeting
purpoSes, we have assumed the number of trips listed above for each testing item.
�'� Does Not Include Technician Tirne
�,�A lier�i:f�-�o�.:: �'�sli�e� . . r . , atte°:�;��e �o�rse `:
eid item Numbers: 2.12, A2.Ofi & A4.06 (10,195+ SY {total) -
6 inches thick - Assume one (1 j iift)
Preliminary Acceptance 'Festing;
Gradation (Sieve) Analyses
Sieve Analyses of Fine and Large Aggregate {ASTM C136) $9a.00 each 1 $90.00
Percent Passing No. 20Q Sieve (ASTM C117} $55.00 each 1 $55.60
Atterberg Limits (ASTM Da318) $60.OQ each 1 $60.00
FIaUElongated Pieces (ASTM D4791) $100.00 each '1 $900.00
Fractured Faces $100.00 each 1 $100.00
Aggregate Unit Weight & Voids (ASTM C29) $110.00 each 1 $110.00
Los Angeles Abrasion (ASTM G31) $250.00 each 1 $250.00
Sodium 5ulfate Soundness (ASTM C88, 5 cycles} $425.00 each 1 $425.00
Sand Equlvalent Value (ASTM D2419) $9 50.Od each 1 $150.00
Moisture/Density Refationship of Soils
Modified Proctor (ASTM D1557, Method C) $235.00 each 9 $235.00
Daily (Placement) Gradation Testing
Sieve Analyses of Fine and Large Aggregate (ASTM C136) $9Q.00 each 10 $900,00
Percent Passing No, 200 Sieve (AS7M C117) $55.OD each 10 $550.D0
Continued on Next Pa e
F:1LC1Proposals\P721P12-110LC1P12-110LC.zlsz Page 3 of 9 Budget Estimate (PCC) 7.21.'12
Budget Estimate for Consfruction
Materials Engineering and Testing Services
Year 2012 Apron Expansion
Denton Municipal Airport
Oenton, Texas
TxDOT C5J No. 1218DNTON
Bid Schedule No. F: Expand Apron (Concrete); MTE Proposal No. P12-110LC 7121112
Additive Alternate IVo. 2: Remove and Replace Existing Apron (Concrete};
Additive Aliernate IVo. 4: Expand Apron Wesf of Termina! Building & ATCi (Concrete); and
Additive Altemate No, 5: South Erosion Repairs __
(Continued from Previous Page)
Construction Materials Engineering Technician (includes technician
sampling and perforrning all required in-place (nuclear} density
testing (ASTM D6938), in-place thickness determinations, etc.,
portal to portal, 3 hour minimum per trlp)
Flex Base (Initial) Sample Pick-Up: Est. 1 trip � 4 hours
Flex Base (Daily) Sample Pick-Up; Est. 5 trips @ 4 hours / trip
Flex Base Compaction Testing: Est. 2 trips @ 6 hours
Flex Base Thickness Determinations: Est. 2 trips @ 6 hours
In-Place Density Tests (ASTM D 6938), Nuclear Method
In-Place Thickness �eterminations (fi") �'�
Transportation Charge (including round-trip mileage) �'�
Senior Geotechnical Engineer (project coordination / management,
review of all test reports, discussions wEth the Client, etc.)
Estimated Subtotal:
$45.00
$45.00
$45.00
$45.00
$15.00
$25.00
$54.00
$120.00
hour
haur
hour
hour
each
each
trip
hour
4
20
12
12
20
20
10
10
$18�.00
$900.00
$540.00
$540.00
$3fl0.00
$500, 00
$500.00
$7,B8b.00
NOTE: Testing frequency to be established by the Engineer during construction. For budgetir�g purposes, we
have assumed a lot size (one (1) day's production) of about 2,40Q square yards (SYj for each tift. Likewise, in
accordance with project specifications, we have assumed placement of the base materials in one (1) (6"+) thick
lift. Tharefore, for budgeting purposes, we have assumed a total of five (5) day's placement operations (5 Eots),
consisiing of approximately 2,040 SY per day's placement, tn accordance with Project Specifications,
representative samples of the base course will be obtained and gradation testing (ASTM C1361C117) performed
at fhe rate of two (2} tests per !ot (est. 14 tests). For budgeting purposes, we have assumed obtaining the day's
lot (both sublot sampies) during a sfngle trip an-site (5 trips total). Likewise, in-place (nuclear) density tesfis
(ASTM D6938) witl be perFormed on the base caurse at the rate of ai least two {2j tests per sublot (four (4) tests
per Eot) for each lift. For budgeting purposes, we have assumed perForming a tota( of 28 in-place (nuciear) density
tests (ASTM D6938). For budgeting purposes, we have assumed compaction testing wouid be compieted during
two (2) trips on-site. In addiiion, we have assumed performing in-ptace thickness determinations on the completed
base course at the rate of at least one (1} test per sublot (four (4) tests per lot). For budgeting purposes, we have
assumed pertorming a total af 20 in-place thickness determinations on the compieted base course. For budgeting
purposes, we have assumed two (2} trips on�ite for performing in-place thickness determinations.
��� Does Not Include Technician Time
on Next
F:LLCIProposals4P121P12-110LC1P12-11�LC.xlsx P2ge 4 of 9 Budget Esfimate (PCC) 7.21.12
Budget Esiimate for Construction
Materials Engineering and Testing Services
Year 2012 Apron Expansion
Denton Municipal Airport
Denton, Texas
TxD07 CSJ No. 1218DNTON
Bid Schedule No. 2: Expand Apron (Concrete); MTE Proposal No. P12-11�LC 7/21112
Additive Alternate No. 2: Remave and Replace Existing Apron (C�ncrete};
Additive Alternate Na. 4: Expand Apron West of Terminal Building � ATC7 (Concrete}; and
Additive Aiternate Na. 5: South Erosion Re afrs
:-�. .,,;_:.::
:?:�: � 'IV 'Y•:�:
?�IJ�T::::::� :::�N
�t ;;;;:;: :
�ttM� . i�. . �..
.:�
�. :t�..
.............................. .........::Ei�i:yrtZ'`ii:'i�ilkti�ii�t�i'r"�'riCb�irfiiir+�F:f:::':�iEE�i�i�i6f?i'i'i:i:i�::i?:�i?i�i;iiif'�2�eI�'��,-'�'{„w'f:'r'i?i �NIkLA�G1EftiCE EE�ii:91lEh�I1f't'i1�E�i���:i;�.HiK�lElt�l'
(Cantinued from Previous
Bid Item Num6ers: 2.93, A2.Ui & A4.07 (10,202+ SY (totalj -
11" PCC Pavement}, and 2.14 (248+ SY - 5" PCC Pavement)
PCC Mix Design Review: Sr. Geotechnical Engineer
Construction Materials Engineering Technician (includes certifled
technician (ACI Concrete Field iesting Technician - Grade I)
monitoring concrete placements, sampling (ASTM C172),
perForming aU required field testing (temperature {ASTM C1064),
slump {ASTM C143}, air content (ASTM C173/231), and unit weight
of fresh concrete (ASTM C138), etc.) casting flexural strength test
beams (ASTM C31), beam pick-ups, stripping, and storing of beams,
and cleaning and oiling beam molds in preparation for placement
operations, etc., portal to portal, 3 hour minimum per trip)
Estimate 6 Concrete Placement Operations & 2 Technicians
Normal Work Day Placement Operations;
Est 6 trips @ 8 hours / trip
Est. 6 trips @ 6 hours 1 trip
Over-Time: �3�
Est, 6 trips @ 6 hours / trip
Est. 6 trips @ 6 hours / trip
Seam Pick-Ups/Stripping and Storing Beams, etc.:
Estimate 6 trips @ 8 hours / trip
Temperature (ASTM C1064)
Slump Test (ASTM C143)
Air Content Test (ASTM C9 73/C231)
Unit Weight of Fresh Concrete (ASTM C138)
Flexural Strength - Concrete Beams (ASTM C78), 2-3 Beams / Set
Labaratary Unit Weight - Concrete Beams, 2-3 Beams / Set
Transportation Charge (including round-trip mileage) �'�
Senior Geotechnical Engineer (project coordination / management,
review of all test reports, discussions wiih the Client, etc.)
Estimated Subtotal:
Continued on N
$120.001 hour
$45.00 hour
$45.00 hour
$45.00 hour
$45.00 hour
$45, 00
N/C �2�
N/C �2�
N!C �Z�
N/C �2�
$40.�0
$ 30.00
$50.00
$120.00
hour
each
each
each
each
each
each
trip
hour
2 I $240.00
32 $1,440.00
32 $1,440.00
24 $1,080,00
24 $1,480.00
32
16
16
16
16
36
36
'i 2
8
$1,440.00
N/C �z�
N!C �2�
N/C �2�
N/C �2�
$1,440, 00
$1,080.00
$60�, 00
�10,80o.oa
F:ILCIProposals1P121P12-110LC�P72-110LC.xlsz Page 5 of 9 Budget Estimate (PCC) 7.21.12
Bradget Estimate for Construction
Materials Engineerin$ and Testing Services
Year 2012 Apron Expansion
Denton Municipal Airport
Denton, Texas
TxDOT CSJ No. 7218DNTON
Sid Schedule No. 2: Expand Apron (Cnncrete); MTE Proposal No. P12-110LC 7121112
Additive Alternate No. 2: Remove and Repiace Existing Apron (Concrete);
Additive Alternate No. 4: Expand Ap�on West of Terminai Building & A7C7 (Concrete); and
Additive Alternate No. 5: South Erosion Repairs
nued from Previous Page)
NO7E: Testing frequency ta be perFormed (n accordance with Project Specifications. For 6udgeting purposes, we
have assumed a total of four (4) sublots per day's placement operations. Specifically, for budgeting purposes, we
have assumed a total of four (4) day's placement operations (4 lots), consistir�g of approximately 788 cubic yards per
day's placement operations. For budgeting purposes, we have assumed casting 1 set of 3 bearns and 3 sets of 2 beams
per set for each day's placement (each IotJ. Twa (2) beams per set to be tested at an age of 28 days after placement.
One (1) 6eam per lot ta be tested at an age of 7 days after placement. It is understood that pavement thickness will be
evaluated by surveying methods, and thickness determinations of cancrete cores will not be requfred for this project.
{'� daes NoE lnclude Technician Time
t2� Included in Hourly Charge for Engineering Technician
�'� See Notes at End of This Bid Schedule Regarding Overtime
(Est. 6 Random (Periodic} Pours wI 1 set of 4 cvlinderslpour)
Canstruction Materials Engineering Technician (includes certi�ied
technician (ACI Concrete Field Testing 7echnician - Grade I)
monitoring concrete placements, sampling (AS7M C172),
performing all reguired field testing (temperature (ASTM C1064},
slump (ASTM C143), air content (ASTM C173/231 }, etc.) casting
compressive strength test cylinders (ASTM C31) and cylinder
pick-ups, portal to portal, 3 hour minimum per trip)
Concrete Piacement Operaiions: Est. 6 trips @ 5 hours / trip
Cylinder Pick-Ups: Est 6 trips @ 3 hours / trip
Temperature (ASTM C1064)
Slump Test (ASTM C143)
Air Content 7est (ASTM C173/C231)
Compressive Strength 7est Cylinders (ASTM C39), 4 Cylinders 1 Set �3�
Transpo�tation Charge (incfuding round-trip mileage) �'�
Senior Geotechnical Engineer (project coordinatiora ! management,
review of all test reports, discussions with the Cfient, et�.)
Estimated Subtotal;
ued on Next
$45.00
$45.00
N/C �Z�
NIC tz}
N/C �2?
$18.00
$50.00
$120.00
hour
hour
each
each
each
each
trip
hour
30
16
6
6
6
24
12
6
$1, 350. 00
$810.00
N!C �Z�
N/C �z�
NIC �Z�
$�432.00
$600.00
720.00
$3,912,00
F:LLCIProposals1P121P12-110LCVP12-110LC.xlsx P2ge 6 of 9 Budget Estlmate (PCC) 721.12
8ud�et Esfirr�ate for Cvas#ructi�on
illtat�rials �rsglneering ancf Testin� Serv�ces
Year 2D12 Apron Expansion
D�n#�n Municipal Airpart
Dentdn, Texas
Txp�'iT C8J No. 1218DNTflN
Bid 3chedule No. 2: Expa�d Apran (�oncrefey; MTE Proposal No. P12-'t90L� �`12°i1�1Z
Additi�e Aiternate No. 2; Remove and Fteplace Existing Apron (Concrete�;
Additive Alternate Na Q�: Expand Apron West of 7erminal �uilding & AT�T (Concreie); and
Aciditi�e Aktemate Na 5: South �r�sion Re aits
: �. . .:
� :::::;:: ..:I� . .1':::::::::::
: :::.::,> ::.:::::..::::::::::�:.:::.::::::::.:.:;:.;..::::::::.:;.>:.:.:::::::.:.:.::.:.:::::.:::::�:::.::::::::;::.: :.:::.:::.::=::::::::::::::::::.:::.:.:..:.:.. . .:::::::::::::=: : N : ::::::;:; ::�:tl �A. . �. . ... . . �.. .
� .h�t:::::: : :.� �t. . . �I . . N . .
�:� .
::::..:::�; :::..:':`::<::' ..:"' :_::::::,:::.:,:. :
��������i�kl� .f�"F.. . �1�U�V.
'����'�t�� "��� Q . 'C.
:':�:� ����� �.
"��� �`I��� ���14'�'� `�`'C:�S:'�'I�t�i:s;:::'::':;..' :.:.:::.:.::::;::::::;::::;;::; :
� ����: _ .
::.::::::�: �.:::�::.:.::: �:::::.::�::::::::.::� :::::::::::::::: �
; : :.:
.::: :::.:: :::::::.::::::::.�::::::.:::::::::::::::::::::... ... :::
:::::°:s:::,::::,:` ::::::::::..:.:::::::::::::>?::::€:IJ�S...R.�'�'....�1:�.......................... �•
. ......... . ......... .............. .... . . . ., . ...
(Continued frorn Previaus Page)
?:::::::��t:tt�ixi�i�;���;;::��i�icEiita��R���i��:���°i�t:�ai�cret�:: �aiit::::::::;�
_ __
NOTE: Testing frequency to be established by ihe Client during construction. 1n accordance with discussions
with the Client, for budgeting purposes, we have assumed perfarming random (periodic} concrete testing services.
Specifically, for budgeting purposes, we have assumed performing random (periodic) concrete testing services
during six (6) concrete placement operations.
�'� Does Not Include Technician Time
sZ� Included in Hourly Charge for Engineering Technician
�'� Estimate based on casting one (1) set oi four (4) concrete test cylinders (per set). For each set of cylinders, one (1)
concrete test cylinder per set to be tested at an age of 7 days after piacement, two (2) concrete cylinciers per set to
be tested at an age of 28 days after placemeni. One (1) concrete test cylinder per set to be held (not tested), unless
required for confirmation (verification) of concrete compressive strength results, HOLD cylinders not tested witl be
discarded after confirmation af compressive strength test results of 28-day companion cylinders (within ASTM
standards of acceptable tests results far companion cylinders}.
"��i�� � �rr' :��'r::1�{lea�k:4r :::::::::::::::::::::::::::::::�
::i::::.t�?�i::���=::�a�.:.d��io?�:�a#:.:..�a:�...:....... ...: ................... ..........: ...:.:...:.:.:
�� n���Si�l�`��``"'d8:�:::::<;:�::is:,::::�?:-�.:::::.:�::::::�::;;��
'>F`�ii�'"fri"?i?�vsixi� . �.. . �..
Bid Item Numbers: 2.26, A2.10 & A4.12 (55+ CY (total)
Remove and Replace Unsuitable Subgrade wiih Foundation
Material as Directed by the Engineer)
Preliminary Acceptance Testing: (FAA Item P-2D9)
Gradation (Sieve) Analyses
Sieve Analyses of Fine and Large Aggregate (ASTM C936) $90.00 each N/A �Z} N/A �2}
Percent Passing No. Z00 Sieve (ASTM C117) $55,00 each N/A {z? N/A �Z�
Atterberg Limits (ASTM D4318) $60.00 each N!A �Z� N/A �2�
Flaf/Elongated Pieces (ASTM D4791) $100.00 each N1A �Z� N/A �z�
Fractured Faces $100.00 each N/A tZ� N/A �2�
Aggregate Unit Weight & Voids (ASTM C29) $110.00 each N/A �z� N/A �zr
Los Angeles Abrasion (ASTM C31) $250.00 each N/A �2� N/A �Z�
Sodium Suffate Soundness (ASTM C88, 5 cycles) $425,00 eaCh N/A �2� NIA �2�
Sand Equivalent Value (ASTM D2419} $150.00 each N/A �Z� N/A �Z�
Moisture/Denslty Releiionship of Snils
Standard Proctor (ASTM D698, Method C) - Base $235.00 each 1 $235,00
Continued on Next Pa e
F.LLC1ProposalstP72W12-11C1.G�Pi2-11CM1,C.xFsx Page 7 of 9 .�U�g�t �St117�[2�� �r V�+� 7.2�.�2
Budget Estirrcate far Canstruction
Materials Engineering and Testing Services
Year 2fl12 Apron E�ansion
D�ntan Nlunicipaf Airp�rt
D�nton, 7exas
TxDQT �SJ Na, '[218�NTG�f
8id' �chedule N�. Z: E�rand Apron (Can�r�te�, NI`�� �'rop�sal �{a. P12-�1�LC 71�'it'1 �
Addifive Aiternat� Na. 2: Remove and R�place �xisting Apron (�oncreke);
Addit"tve Alte�nate �Jo. �4; Expand Apron W�esi vf Terminal Build ing &. AT'�7 {Cahere#ej; and
Aciditive Alteonate No, 5; South Erosion tRe airs
- ° �: :� :� ;::::::::�: � :rv�:r:::�°.::::::
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:``:'� :�:�::::: �-r��a� .�. . .t� �.. . . . � �. . .
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::�:,:. �� ... .
..:.: : :. ::: :::.: : ::: ::: : ::..:::;:.::...._:...:.. . .
:s::�: ?.: <::::�.::.:.�.:: '::°��:.:�:<:::;'::a� �4�IE?�'Iti�l:�s'��3'�=1�lG:�:[ :::::::::::::�::':°:>::::::-:::':::::::::::.........
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(Continued from Previous Page)
�:��:�it� � ��:5;�::;�:�i�ntl�#[fii�; ..a#�e�ia�:��r:�til��t�:oir:::::::�:::� :::::::::::::::::�:
. rn. .�..
� ��rit:°� �
;�}rrlIIa��c y�:y�'�n:`s;:':`;?s `i;';?':;:s::::�;;::`s �?;::' �Y:?:::? �';
:...:.: � : �. ... .:.....;.:... . ...�:.:.� .:... . ..:::::::::::::: :::::�.;
;:;::�::::.
�::::: :' ::: ::::.::.:.:::..> �..:.>:.:.:...:.:.•:..-.:.;:;.: ......... . .:.,...:,,
::' :::::.:::::.::.::::::::i:ii::::�::::i:r:::i:i';,�i�,'!{'.� iT:�r:4;lk!.......��?�.fQ..K.. ...:.. .......
Construction Materials Engineering 7echnician (includes techt�ician
sampEing and pertorming all required irt-piace (nuclear) densify
testing (ASTM D6938}, portal ta portal, 3 hour min. per trip)
Sample Pick-Up: $45,00 hour NJA �z} N/A �2�
Compaction Testing: Est. 4 trips @ 4 hours / trip $45.00 hour 18 $720.00
In-Place Density Tests (ASTM Q 6938), Nuclear Method ��y $95.00 each 20 �300.00
Transportation Charge (including round-trip mileage) �'� $50.00 tr�p 4 $200.00
Senior Geotechnical Engineer (project coordination / management, $120.00 haur 2 240.00
review of all test reports, discussions with the Client, etc.)
Estimated Subtotal: $1,695.D0
N�TE: Testing frequency to be established by the Client during construction. For budgeting purposes, we have
assumed performing random (periodic) compaction testing (in-ptace density tests) on the Foundation Material.
Specifically, for budgeting purposes, we have assumed pertorming five (5} in-place (nuclear) cfensity tests
(ASTM D6938) during four (4) random (periodic) trips on-site. Therefore, for budgeting purposes, we have
assumed performing approximately twenty (20) in-place (nuclear) density tests (ASTM D6938},
�'� Does Not Inc[ude Technician Time
�2� Initial Sample Pick-up and Preliminary Acceptance Testing for FAA Item P-2�9 (Crushed Aggregate Base)
Inc{uded Above.
�STt�IAT�b TQT�IL: l 47,4�
Cantinued an Next Pa e
Fucta��m��z+p�z-riot.ctivis-i�o�cxisx Page 8�f � Budg�f E�tim�te {f�GC) 7.21.'t2
Budget Estimate for Constructian
Mate.ria[s Engineering and 7esting Services
Year2Q12AprQn Expanslon
Denton Municipal A€tpor#
Dentan, l"sxas
'ixDd�' GSJ f�o. 121$D1�T�N
Bid ScFtedule Nc�, 2; Ex�rarid Apron {+Cancrete}; MTE Proposal No. P�2-'fiOLG 7/21112
Add�tive Alternate iVo. �; Remove and �eptace �x(stia�g Apran (Concr�te);
Additive Alternate hfa, 4: Expa�nd Apron West of TerminaC Bt�ifding � ATGT (Concre#e); and
Additive Alternate Na. �: �o�th �rosian Repairs
(Continued from Previous
NOT�S:
1. Overt�me rates of 1.5 times the regular hourly rate v�ri�� be charged for haurs warked vver eight (8) hours
per day TV�onday through �riday, hours worked before 7:00 a.m. and after S:Ot] p.m., and ali Y�ours worked
on 5aturdays. Setvic�s per�ormed on Sundays and recognized holidays will be billed at 2.0 times the
regular ha�rly rate.
2. Ail labor�tory test fees are �.4.�. aur labara#ory; additional c�arge for samplc pick-up may appiy.
3. Additional �0°lo charge for "RUSH" (aborafory test rasults rn�y apply if addi#ianal or excess�ve
(overtim�) haurs are requkred to compfete required faborat�ry ie�iing in accordance with pr�ject
scheduling to prevent cteiays in constructian.
4. Any a�lditior�al fests wlfl be bifled an a hourly rate and ch�rged at €he appCicabie rate, porta�-to-portai,
5. �dditional tests not specified in this proposal wifl be quo#ed upon request.
F:ucw�o�b8i9�aiz�Piz-itmcr�a2.i-�a.c.xE� P�ge 9 of 9 $udget Estima#e (PCC) 7.21.�2
ATTACHMENT K
CffiLD SUPPORT STATEMENT
FOR NEGOTIATED CONTRACTS AND GRANTS
TxDOT CSJ NO.: 1218DNTON
Under Section 231.OQ6, Family Code, the vendor or applicant certifies that the individual or
business entity named in this contract, bid, or application is eligible to receive the specified grant,
loan, or paymen.t and acknowledges that this contract may be terminated and payment may be
withheld if this certification is inaccurate.
List below the name and social security number of the individual or sole proprietor and each
partner, shareholder, or owner with an ownership interest of at least 25% of the business entity
submitting the bid or application.
No individual owns 25% or more of KSA Engineers, Inc.
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 contract to provide property, materials, or services; or
receive a state-funded grant or loan.
A child support obligor or business entity ineligible to receive payments described above
remains ineligible until all arrearage have been paid or the obligor is in compliance with a
written repayment Agreement or court order as to any existing delinquency.
Except as provided by Section 231302(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 N of the federal Social Securiry
Act (42 USC Section 601-617 and 651-669).
GSD, 10-95
K-]
ATTACHMENT L
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION
(49 CFR PART 29)
TxDOT CSJ NO.: 1218DNTON
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 a11
lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the
bidder/offerorfcontractor or any lower tier participant is unable to certify to this statement, it
shall attach an explanation to this solicitarion/proposal.
L-]