~,z ,g.O ~··~ ,~ :--..... c..> ·~ I Texas Department of Transportation AVIATION DIVISION 125 E. 11TH STREET • AUSTIN, TEXAS 78701-2483 • 512/416-4500 • FAX 512/416-4510 December 28, 2004 Mr. Jim Pierce ASST CITY ENGR. TOWN OF ADDISON 53 00 Belt Line Road Dallas, TX 75254 Dear Mr. Pierce: Enclosed is your copy of the executed Supplemental Agreement No. 3 to the Professional Services Agreement between the Texas Department of Transportation, agent for the Town of Addison, and HNTB Corporation for Professional Services for TxDOT CSJ No. 0318ADDON. If you have any questions concerning the documents, or if we can be of assistance to you, feel free to contact me. Sincerely, f"~,s4;;;;-d-Edie Stimach Grant Manager Enclosures An Equal Opportunity Employer THE STATE OF TEXAS§ THE COUNTY OF TRAVIS § TxDOT Contract No.: 3X1A V097 TxDOT Project No.: AP ADDISON 7 TxDOT CSJ No.: 0318ADDON SUPPLEMENTAL AGREEMENT NO. 03 TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT This supplemental agreement to the Professional Engineering Services Agreement is made by and between Town of Addison, hereinafter called the "Sponsor," acting by and through the Texas Department of Transportation, hereinafter called the "Agent" and HNTB Corporation, hereinafter called the "Engineer." The Sponsor and the Engineer executed an agreement on January 9, 2004. Supplemental Agreement No. 1 was executed on February 24, 2004 and Supplemental Agreement No. 2 was executed On July 29, 2004 for engineering/design services at the Addison Airport. Section 5 -Payments to the Engineer, limits the maximum amount payable under the agreement without modification of the agreement to $101,373.00 It has become necessary to amend the agreement to increase the Materials Testing Services Costs necessary to complete quality acceptance testing at the Addison Airport. The Sponsor and the Engineer agree in consideration of their mutual promises that said agreement is amended as follows: A. Amend Section 5 -Pavments to the Engineer as follows: Delete Section 5.1.1.5 Delete Section 5.1.1.6 and reduce the contract amount by $15,000.00 for Laboratory Services. Add Section 5.1.1.5a The Agent shall pay Engineer a lump sum fee of$19,858.00.oo'for the services of the Laboratory furnished under paragraph 1.4. at the rates provided in the Amended Attachment J, "Schedule of 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 Page lof3 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. Add Section 5 .1.1.6a The lump sum amount shall be allocated to the phases of the Project as set forth in Amended Attachment G, "Lump Sum Fee Distribution to Engineer" attached hereto and made a part of this agreement.. B. Amend Attachment J, Schedule of Materials Testing Costs, with the new Acceptance Testing Schedule, attached hereto and made a part of this Agreement. C. Change Section 5.4.1. Payment to Engineer to: The maximum amount allowable for payment under the Professional Engineering Services Agreement is $106.231.00. All other terms and conditions of the agreement are unchanged and remain in full force and effect. IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate counterparts of this Supplemental Agreement. ENGINEER ENGINEER Name: Benjamin J. Biller, P. E. (Print or type) HNTB Corporation 5910 West Plano Parkway, Suite 200 (Address) Page 2of3 Title: Vice President (Name of Firm) Plano Texas 75093 (City, State, Zip) THE STATE OF TEXAS COUNTY OF ---'~'d"-}+-'-\ \'-1"-l U---undersigned authority, on this day personally appeared --="-"'-"'::':"1"'""""-'--:--'--'--'-----':2.!."-~ \4=L-"----' known to me to be the Engineer named in this contract, or the E gineer'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 )b t.b-day of 'b.Pc.urAIPINc-, A.D. 20Q±_. Notary Public, State of Texas EWi (;,jq-I fJDVvlL-v-G (Printed or typed name) My Commission expires: Vc/,uhVt.. 5 11 2.Do1 ~,~t~~~~~,t,,~ ERICA T. BOURNE §~~··· ·~"'~ Notary Public, State of Texas i ~ i E M~· Commi!sion Expires ~~· · .. ;:--~,,::;c;\~...... October 31, 2007 IIIUIII\ 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. Date: r )-/( {.~y Page 3of3 AMENDED ATTACHMENT G LUMP SUM FEE DISTRIBUTION TO THE ENGINEER TxDOT CSJ NO.: 0318ADDON 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 by Phase Construction Phase $14,280.00 Closeout Phase $ 3,448.00 RPRFee 11333 hours _@_$47.00plh $62,651.00 Testing_ Fee (lump sum) $19,858.00 Additional apron design-Supplemental2 $ 5,994.00 AMENDEDATTACHMENTJ SCHEDULE OF MATERIALS TESTING COSTS TxDOT CSJ NO.: 0318ADDON See attached Jerry D. Holder, Jr., P.E. Director of Capital Projects 5910 W. Plano Parkway, Suite 200 . Plano, TX 75093 Ph. 972) 661-5626 FX 972) 661-5614 Reference: Acceptance Testing Dear Mr. Holder: Mas-Tek Engineering & Associates, Inc. (MTE) has been reviewing history information in reference to the Addison Airport Project. If you can please view the attachment, titled inv. for TxDot revised 10-22, it shall detail quantities and price that was associated to this project. In addition to that test was performed that wasn't included in the acceptance testing . . Please note below: 2 )(Meetings@$75.00/hr = 169 Labor @$33.00/hr = 61.5 Overtime@$61.5/hr = 28 Gradation@$14.00/ea = 4 Sieve Analysis@$125 = 3 Decant @$125.00/ea = 2 Extraction Grad.@$145 = 1 Lime Series @$225/ea = 2 Sample CTB@$155.00 = Total = Accept. Total = Grand Total = !>999.00 ... IS(). o-o $5577.00 $3044.25 $392.00 $500.00 $375.00 $290.00 $225.00 $155.00 ·.1 . $::11,458.2:~ ... /0 "708 0 '2.. $"" $ 9,150.00 J . $ iJO,SCB ?5, $ I 9 8 5" B. 2.-S" . ) MTE MTE appreciate the opportunity to provide professional services with·HNTB. Shall you desire any additional information please do not hesitate to call @(972) 709-7384. Sincerely, Mas-Tek Engineering & Associates, Inc. Stephen Mason -President TOWN OF ADDISON, TEXAS $ 9,150.00 ADDISON AIRPORT PAVEMENT RECONSTRUCTION ACCEPTANCE TESTING AND SAMPLING REQUIREMENTS Coat of Amt Total Cost Item Test Test Test Test Test Number Item Required Specification Fr"''uency_ (PER TRIP) #TRIP $ 15.00 90 $ 1,350.00 M-101 Mobilization None M-102 Maintenance ofTraffic None P-150 Demolition None P-152 Excavation and Embankment One per 3000 SY or fraction , $ 120.00 6 $ 720.00 P-152-2.2 Excavation Compaction ASTMD698 thereof One per 3000 SY or fraction Field Demity ASTMD1556 thereof Soil Classification ASTMD2487 One per Source P-152-2.6 Embankment Compaction ASTMD698 One per 500 CY Field Densitv ASTM D1556 or One _per 500 CY ASTM DZ167 or One per 500 CY ASTMD2922 One per 500 CY Moisture Content ASTM D3017 or One pet 500 CY ASTMD2216 One per every 200 P-152-2.9 Smoothness 16' Straightedge longitudinal feet P-155 Li'me Treated Sub,.ade One per 1000 SY or minimum of 4 per day1s P-155-3.2 Tolerances Percent of Lime and Water production. P-155-6.3b Final Mixing Oods P-155-6.3b Table One pet 200 Tons P-155-6.4 Compaction Laboratoxy Density ASTMD698 One per Somce Cost of Amt Total Cost Item Test Test Test Test Test Number Item Required Specification Frequency Optimum Moisture AS'I'MD698 One pet Source One per 1000 SY or miDimum of 4 per day's $ 14.00 89 $ 1,246.00 Field Density AS'TMD2922 I production One per 1000 SY or minimum of 4 per day's Moisture Content AS'TM D3017 production One per 200 longitudinal fee and minimum five per day's P-155-6.5 Surface Tolerance Smoothness 16' StraiJ# Edge productOJl $ 20.00 102 $ 2 040.00 P-155-6.6 Thickness Core or Depth Che~k One pet 300 SY Pollution, Soil Erosion and Siltation P-156 Control None P-304 C~ment Treated Base P-304-3.1 Cement Laboratory Molds AS'TMD560 Two per Design Mix $ 14.00 6 $ 84.00 Compressive Stt:en~th AS'TM 1633 Two per. Design Mix P-304-4.6 Compaction Laboratory Molds ASTMD558 Two per Design Mix One per 500 SY and minimum of 4 per dars Field Densitv ASTM D1556 or lproducton One per 500 SY and minimum of 4 per days AS'TM D2167 or producton One per 500 SY and minimum of 4 per days AS'TMD2922 lp:coducton One One per 500 SY and minimum of 4 per days Field Moisture Content AS'TMD3017 producton $ 20.00 32 $ 640.00 P-304-4.7 Thickness Core or Depth Check One per 300 SY. ··, :·· Cost of Amt Total Cost Item Test Test Test Test Test Number Item Required Specification Frequency One per 200 longitudinal fee and minimum five per day•s P-304-4.9 Surface Tolerance Smoothness 16' Straighted~e producton P-401 Bituminous Pavements Asphaltic Material TxDOT 340.2(1)(d) Tack Coat Conformance TX DOT Spec. 300 One_per Source Desi~ Mix Submittal Conformance One per Design Mix Test Method TEX-207-F TxDOT 340.3(2) Laboratorv Densirv and227-F One per Desi£11 Mix Two per 500 Tons and Method TEX-227-For Minimum 3 per days TxDOT 340.6(6)(•) Percent Air Voids TEX-207-F. !production TxDOT 340.6(6)(a) Rollin• Pattern TEX-207-F One per Design Mix P-501 Pordand Cement Concrete Pavement P501-4.11 Final Strike-Off P501-4.11.f Straight Ed•e Test Smoothness 16' Straight Edge One every 8' Longitudinally P501-5.1 Matetial Acceptance ASTM D3665 ASTM $ 14.00 39 $ 546.00 P501-5.1.a FleXI!ral Stren~th Sainplio~ C172 Two per sublot of 200 CY ASTM C31 and ASTM Testing C78 Two per sublot of 200 CY P501-5.1.b Pavement Thickness ASTM D 3665 and ASTM $ 20.00 80 $ 1,600.00 Cores Thickness C174 One persublot of 200 CY P501-5.2.e Acceptness Criteria P-501-5.2.e(3) Smoothness 16 ' Straight Ed•e One every 25' Lon!!itudinallv Horizontal and Vertical P-501-5.2.e(4) Grade Deviation from Plan Control Elevations One every 50' Longitudinally Cost of Amt Total Cost Item Test Test Test Test Test Number Item Required Specification Frequency P-501-5.2.<(5) Ed~e Slump One every 50' Lonl(it\ UJO( ACCEPTANCE OF THE STATE Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. 7/,;2-7' /o i Page 3of3 Texas Department of Transportation AVIATION DIVISION 125 E. 11TH STREET • AUSTIN, TEXAS 78701-2483 • 5121416-4500 • FAX 512/416-4510 March 9, 2004 Mr. Jim Pierce Asst. City Engineer Town of Addison 5300 Belt Line Road Dallas, TX 75254 RE: Addison Airport: TxDOT # 0318ADDON Dear Mr. Pierce: Enclosed for your records is a copy of executed Supplemental Agreement No. 1 to the construction document for TxDOT Project Number 0318ADDON, between the Texas Department of Transportation, agent for the Town of Addison, and Site Concrete, Inc. If you have any questions, please feel free to call me at 1-800-687-4568 extension 4518. Sincerely, Edie Stimach Grant Manager An Equal Opportunity Employer SUPPLEMENTAL AGREEMENT NO. I TO AGREEMENT BETWEEN TOWN OF ADDISON AND SITE CONCRETE, INC. TxDOT CSJNO. 03!8ADDON CONTRACT NO. 03X2AV097 On January 7, 2004 a contract was entered into by and between the Town of Addison, acting by and through its agent, the Texas Department of Transportation, and Site Concrete, Inc., Contractor, for airport improvements as is more fully described in the Contract Documents. The contractor agreed to perform all the work described in the Contract Documents for a sum not to exceed $1,731,000.00 In compliance of General Provisions, Section 40-02, Alteration of Quantities and Section 40-04 Extra Work, it is deemed necessary to amend the contract documents to: provide better access to hangars for aircraft owners: to adjust contract quantities: and to delete Additive Alternate #3 at the Sponsor's request at the Addison Airport. It is hereby agreed between the parties hereto that the contract be revised as listed in Attachment I and illustrated in Attachment 2, revised plan drawings, attached hereto and made a part of this contract. The Contractor agrees to perform all the work described in the Contract Documents for a sum not to exceed $1,560,513.40. This price shall be full compensation for all labor, materials, equipment and incidentals necessary to complete the work as described in the plans and specifications. It is further agreed, that no other provisions of the contract, plans, specifications or special provisions shall be changed by this agreement. In, witness whereof, the parties hereto have executed, or caused to be executed by their duly authorized officials this agreement, in triplicate, each of which shall be deemed an original first written above. CONTRACTOR Date: __ 2_,}.::::.z'-'4....,) o~t/z...._ ___ _ By: ----+l~""""'-"=-'&y ~"'---'-""'-~--'----t--N arne: -'JF"'-'f'-"'--A-c...L!J"'"'-...:S:::..t)~ o=r--J"-'=E."-Jy,____ (Please Print) Title: _']1.....L.:.>R..='e""'s;!..!J-=D""'s""-=/Jt...lr ___ _ Page I of2 (Address) Q, f2-A-1-J t1b-t1 12-l c I 7'1 7SJSJ (City, State, Zip Zip Code) q 11 <3 J 3-0 7.!....!..8«._-gL.......-_ (Name of Firm) THE STATE OF TEXAS COUNTY OF (Phone Number) Before me, the undersigned authority, on this day personally appeared ]EITJ..l 5 Bo},le)/known to me to be the Contractor named in this contract, 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 2-Y1 fay of 'F£/31ZVJ4-(?t/I e JODIE C. COUCH MY COMMISSfON EXPIRES October 12, 2006 Acceptance by the State (Printed or typed name) 10-12-6~ My Commission expires , 2004. 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:~ £J.J~ Date: 7 /(:/of Page 2 of2 ATTACHMENT 1 TO SUPPLEMENTAL 1 0318ADDON Item Spec Q!y 17 SP-21 -18 204 Item Spec Q!y 8 P-501-5 93 9 P-501-6 29 14 P-401-2 8 15 D-701-2 28 Item Spec Q!y 8 P-401-2 9 12 T-904-1 105 Item Soec Q!y I M-101-1 -I 2 M-102-1 -I 3 P-150-1 -3,120 4 P-150-3 -I 5 P-150-4 -141 6 P-152-1 -1,250 7 P-157-1 -420 8 P-501-5 -1,750 9 P-501-6 -93 10 P-501-7 -790 II P-501-8 -325 12 D-701-1 -141 13 D-751-1 -I 14 F-162-1 -I 15 T-904-1 -570 Unit EA LF ATTACHEMENT 1, Supplemental1 Addison Airoort: CSJ # 0318ADDON Base Bid U.S. Customs Pavement Reconstruction Description Written Unit Price Tie Downs-Neenah R-3490-A, Neoprene Gasket Sub Total Base Bid Additive Alternate No.1-Hanears 'A' Unit Description Written Unit Price SY 8 inch PCC Pavement, Non Reinforced SY 8 inch PCC Pavement, Reinforced TON Bituminous Surface Course Temporary Pavement LF 12" Class IV RCP Sub Total Additive Alternate No. I Additive Alternate No.2 -Ham!ars 'B' Unit Description Written Unit Price TON Bituminous Surface Course Temporary Pavement SY Sodding Sub Total Additive Alternate No. 2 Additive Alternate No. 3-Hanears 'C' Unit LS LS SY EA LF CY LF SY SY SY SY LF EA EA SY Description Written Unit Price Mobilization Maintenance of Traffic Remove Bituminous Pavements Remove Drainage Structure Remove Pipe Unclassified Excavation Silt Fence 8 inch PCC Pavement, Non Reinforced 8 inch PCC Pavement, Reinforced 8 -10 inch PCC Pavement, Non-Reinforced 8-10 inch PCC Pavement, Reinforced 18" Class IV RCP Inlet, Type A Temporary Gate Sodding Sub Total Additive Alternate No.3 Sub Total Base Bid Sub Total Additive Alternate No. 1 Sub Total Additive Alternate No. 2 Sub Total Additive Alternate No. 3 Total Supplemental 1 Addison Airport Project UNIT PRICE $350.0 ' -$6,300.0 $7.35 $1,499.4( -$4,800.6 UNIT PRICE $30.0 $2,790.0 $31.00 $899.0 $100.00 $800.0 $50.00, $1,400.0 $5,889.0C UNIT PRICE $100.0( $900.0 $5.00 $525.0 $1,425.0( UNIT PRICE $25,000.0 -$25,000.0 $4,802.0 -$4,802.0 $5.00 -$15,600.0 $1,000.00 -$1,000.0 $15.00 -$2,115.0 $7.00 -$8,750.0 $2.00 -$840.0 $30.00 -$52,500.0 $31.00 -$2,883.0 $37.00 -$29,230.0 $39.0~ 39.0~ -$12,675.0 $55.00 -$7,755.0 $3,500.0( -$3,500.0 $3,500.0C -$3,500.0 $5.00 -$2,850.0 -$173,000.0( $ (4,800.60 $ 5,889.00 $ 1,425.00 -$173,000.00 $ (170,486.60 i I ' I i I j :·; ii . ,, . I! i! ,, i! \: !i ' ! : i! !: I' I ' ! ' !· ' I ' I i 1: '· I ' ,, i ]': '· ' ' ,, I !· i: ' I [ Ji ' ~ . , I I'> h I ! ! HNTB lli:C-12-2<1E!~ lS'21 . \ 9726615614 01/15 '04 09:10 N0.970 03/05 BEM CRJ:I:'J< ~Fl. LrD. 8174101719 p,OOIOOI 110 Thl5 cmilin ll>ollhe abooe teats ....,.IIIII ;, -.xdat!ot wllb lhc nniUiromentt Gf caol! eppll~le •peeJH..tioll • :lrt90S09LtB ... Hlldro Calldllit Divislnrt '"" Moot!• LU11\erkln,;Fwy,So.i• ., ! .,._.Worth, Tl< ?6110 R1M!&.t2M ~ ... 8t7.S3,.?D0) l6SJ RESU~'I'S ..1 I TOTAL P.OO i ,, ji ' !' ~ ! :: \.\ i! 'I i' ' I i I i . HNTB i ~ ' I i : I • ' ; 9726615614 01/15 '04 09:10 N0.970 04/05 I:IEAR CRI::EK ~rF!, L Tn, 817~1017~9 ~-07~ee Why Buy Delta .. Seal 0 • Ring Gaskets? IF '<®fl PB!MABY CONCERN 1$ JQB PEBfORMMIC!: O;lta's precision o·rings~ned and COmpc!JndeeU, induCllngtts leading {oovet~) edge. aJso t~" Spigot groove. 3. Stretch c.-ring into spl\lot groova afld EOUALIZE!. $1ReTC;H (B) by running a brunt tool around thil i!intifll spigot cirevrmerenco, JceQpong II ootween tile o-rrng and splgol. . . 4. CENTER !M M jcltl! $Kl!On& being coupk!d witn Gach otllet. 5, Coup!& IM loinl DO NOT USE g)CCES$1'/c FORCE. If it won~ go together, aisassemblll, re•kibrieatGo and try again. s. AVOID IMPACT on join!$ during b9ckfilling. (RoelPPRov AL OF wORK IN PHASE 1, /;~ REMOVPJ! OF BAARICADES AND THE RELOCAT ON OF AIRCRAFT BACK TO THE EAST HALF OF HANGAA 'A' Q_,} : AND wEsT HALF CF HANGAA 'A1', ALL WORK IN THIS PHASE IS TO BE COJ.f'LETEO WITHIN 70 CALENDAA M ~ DAYS/AIRCRAF'T IN THE WEST HALF OF H.AJIIGAA 'A' »m) EAST HALF OF H.AJIIGAA 'A2' ME TO BE '-:· W~K. WORK IN THIS PHASE WILL INCLUDE rOR~ HANGARS 'B' N-10 'C'. . 0~~ I I "' (/;' tee ~ 536.91', , /<:.l /FL 16 E = 63-;·93 fA7cONTRACTOR TO INSTALL TEt+·__;:j':'~-~-'f ~~~ +--_-_::_JI_--_ _. .. ::~~-. ·." :_,j: ".: ·.·: :1·._-;/: /.fL7.039377., ~: I,. :\~ -I ·-x· . . .. ·t· .. I -, -. , I I l o \u • ·' : 1 .• ,-.•.·, 1 •• • .. 1 ·, J ·, ' .. · .. ·_·._ .. _ .... __ .,;): ~; .• •;•~.480,272.09 I '!i 16.62' G. 15.001 ? ........... : ... _ •·• -~ ' ·-" -• ~ .... "' --• ;tl >. -. ~'--/,~r.TE lt~LET . ''-''-.. I ·".' :: ·:0.· ,,, ... !:II f l OP " 636.33' I '1 I 11 1 ._"_,_,-____ . ~"'-o _-. ·10PANELS-~zs•o.c.:...so•· -.. -:: ---· 17•6.' 9'-1 /;' L16'l'i=G34.3a' ""' I 16.53' __ \'__ I . -~ ' •. -~ . /' II I I N=7039635.48•~ 1/...--\1-J----.__l, 1-' !!2 -,.o\\~\-1 --.:;,·· 6:J{_;~-~-//;' FLI8'E=633.95' /E=2,4eo,,zs.so! "'"-~ U ~ ~ >-b""" ~o 9 ~ANELs a~ zs·o.c. 25 , ". "1i.sa··· ---?-' 7//N•J9643.84l ~ ~ ~I : ,. ' ,_.., 'f .. ./J L I ~~,,''/;)·~-~:/-.~~·.".389o','z8417 •• 724S //I E=2,480,109.92 I I ~ "'· I -_-I_= -. -· ____,,....,_ -.... If ' -.c. ,_ 1 t-:-~ r·-/,2 ./[ -.....N·7.o39,610~s8 L.., •. '·' 7 --r/"'I N,.7,039.649.47~1 ::t jl_VR=15 /& :1 E..Z ,136.1 ( /" 7 ,N=-7,039,387.60 . I ~ ~ pl ~ 2 I J N 7 03 ~9 84 ~o-l!_'j E==2,4B0,224.62 :.liE=2.460i107.60 ~~ 6.~0 IV -\.~~. ~ ~ if.k'' E~,4~~:;~~~47 HANGAR 'A' = #9 ~ N:T,039,611.69 ..... ,.. , ,.r .,_... II N=7,039,611.B6 COVERED ~!F.F~.:':.NE p.~;RKII,IG ut:'. ~\ E~45e8.96 ~ -<-1j-~o·) : 1 1 E=2,480,0H.16 •~Tc~..-~'::·: c.·.~:<:·PY ~w I N•7,03= II -; . N•7,039,604.05 I E=2,480,084.59 r .....: f#~ ,f ~~~ E=2,480,077.15 :...;.,! N=7 039 394.74 , I I 1,,-/.. I' ~z·~~N~-7~.0~3~9-~··~,~-2~7""'~·;;-~or""'.,.~..,.~"'T .... ..,~...,~-+·r~~r--~.E~""~·.f8·0~--1~6·~-7'1~--.......~~~-~~//I/E=2,480,090.77 -I _ ......, I N=7,039,640.22 "!;2 .··. R.=20' j1 J ~ . -.,~~-··;,."" '\. -'_':··/··· ; ... E=2,480,082.41 I~ .. ~~-.. ~l l ' ;:_J 13 PAN L~-~ 1 I o.c.-195' g I I ,-j, , 'il I 0 r I I ! ~ 16 _,. II~ I ,. PMI cs • 1 'o.c. • 210' ::l ;, J~j/1 /I I, :0 ' li1_·\~ ,1 1 _ , · •· • · " ·. !J,r/f//''. ; ~·'~~· ./~ ;~f~:;l~~~f,_, I I ~~=H-~+"']""o~· ~~~ C"~e-;~b-i--+--i--+--t-+-t1~1 • ...,±s .:::-:1 t·a.~c .• t 6:-•• !:'lit"' f-+-ty71· I ~ ///I I "'~=-c I'" : ) i I~· 9 PM/L~ • 1 ·o.c.= ;,•· ; ./>1 /1,/l;lfl I LEGENO I ~:;:~:~:~6~:;v-6 _, 1 i\,15 1: ~-' · ~-7.:39,564.69 "L.._A --~~ ~ i<-1 1 /1 ',, 1 TYPE .. B .. THICKENED EDGE EXPANSION JOINT N,.7 oj9 602.66 ff · I 11 1 E=2,480,016.3B -7,039,414.98 ~5.oo· 15.oo• tS.oo• 16.49' I · ·I E=2,480,004.0911 6.00' ! 1.!' ' I N .. 7 039 .. 568.42 Hl.!•lG.4R =2,480,075.38 I I I TYPE "D" DOWELED CONSTRUCTION JOINT I I f..Z· 480 •025•84 HANGAR 'Kl' SEE -SHEET 7 FOO: TYPE ''E" HINGED (TIED) CONSTRUCTION JOINT ' 1\ I N"'7 039.593.27 TYPICM. SECTIONS I 0 I I I f=2·480 •035•40 I ----TYPE ''F" DOWELED CONTRACTION JOINT I I ' I N•7,039,604.77 • ,I ---~-//li, I 1:1 E~o.oo 9 "70 .1' ,.i II . --H--TYPE "G" HINGED ITIEDl CONTRACTION JOINT ---TYPE "H" DUMMY CONTRACTION JOINT 0 REINFORCED SLAB I ! I 11 /1 D NON-REINFORCED SLAB I I I : I ........ ASPHALT PAVE>f:NT II I I 0 20 40 60 80 ----SCALE IN FEET NOTES: 1. EXTREME CARE SHM.L BE EXERCISED AROUND THE HANGARS AND AIRCRAFT. HANGAR SHM.L BE VACANT OF AIRCRPFT AND OTHER EQUIPt-ENT BEFOO:E OPERATIONS BEGIN. ANY AND ALL DAMAGE TO HANGARS. AND AIRCRM"T SHM.L BE THE RESPONSIBILITY OF THE CONTRACTCR TO REPAIR AT HIS OWN EXPENSE. 2. SEE "APRON AND HANGAR TYPICM. SECTIONS" SHEET FOR SECTION 'A-A'. 3. SEE "PAVING JOINT DETAILS" SHEET FOR PAVING JOINTS DETAILS. I I I I I ' I I I Sl< I ' I I !c-' REGR.6l:IE DITCH TO PROVIDE HANGAR 'A' POSITIVE DRAINAGE. WOOK COVERED AIRPLANE PARKING WILL 6E SUBSIDIARY T!? OTHER ,~lf.rRY CPHI c~mP>: BID ITEMS HANGI'IR '-""'rcH EXISTING GRADE HANGAR 'Kl' REGRADE DITCH TO PROVIDE POSITIVE DRAINAGE. WORK WILL BE SUBSIDIMY TO OTHER BID ITEMS ! .. I '· J I I /0 I I I I I I I I I 0 20 40 GO 80 ----SCALE IN FEET _ 64'1.5-PRCf'OSED 0.5' CONTOOR PROPOSED 0.1' CONTOUR -6-11.5-EXISTING O.S'CONTOUR EXISTING 0.1' CONTCJ.JR --DRAINAGE MEA DIVIDE XXXXXXXXX Sll T FENCE 0 20 40 60 80 ----HANGAR '81' HANGAR 'B' ', '~~----~'--------~--i ___ j _.·,:.-:::X' t.IRPLAi>.JE PARI<.ING . :' HANGAR '61' : .. i SCALE IN FEET /~ ARATE INLET ------LL----------""'-----------A'---- -------~"L, rroP = 636.ss· FL IZ' S = 635.18' HANGAR 'B2' PHASES INCLUDES THE REMOVAL a:' EXlSTlN~ ASPHALT THE NOOTH, SOOTH AND WEST SIDES OF HANG~ '6' ..v.ID REIPL,EifT WITH CONCRETE PAVEt-ENT. THE PHASE IS OIVILOE=O:....::INTC.:.:OC..:.TC:W.:CO ____________________________ ------------------------------------__] I& II. -ALL WCftK IN THIS PHASE IS TO BE COt-PLETEO WITHIN 84 CALENDAR DAYS. THE START OF WORK, ALL AIRCFVFT HANGPRED IN THE SOUTH HALF a'" THE NORTH HALF OF HANGAR 'B' ARE TO BE RELOCATED. INSTAll AAOJNO THE LIMITS OF THE WORK ON THE WEST END OF" HANGAR 'B' THE ENTRANCE TO THE AA£A BETWEEN HANGARS 'B' & '81', WORK IN WILL INCLUDE WCRK ON THE RAt>F AND HANGAAS 'A' AND 'C'. -WOOl< IN THIS PHASE WILL START UPON COM='LETION a PHASE I, THE a PHASE I BAARICADES AND THE RELOCATION CF AIRCRAfT BACK INTO SIDE Cf' HANGAA 'B1' AND THE NORTH SIDE a HANGM '6'. PRIOR TO THE IN THIS PHASE, ALL AIRCR/>FT HANGAAED IN THE SOUTH HALF a HANGM NORTH HALF a HANGAA '62' ARE TO BE RELOCATED. INSTALL BARRICADES LIMITS a THE WORK ON THE WEST END a HANGAR 'B' AND ACROSS AND WEST ENTIVJ'ICES TO THE AREA BETWEEN HANGARS 'B' & 'B2'. THE OONTFiAcT<>l IS REQUIRED TO COCRDINATE WITH AIRPORT OPERA'".:~TI~ONS~T:AN-:.~O~TH~EOr~Al:;R~P~OR~TT_ __________________ ! SW CORNER a H#I'GM 'B' FCR ACCESS TO T ...... 1----IS TO BE COM=!LETED WITHIN 70 CALENJM DAYS. WORK ON THE RAtoP AND HANGARS 'A' AND 'C'. LEGEND ~ LIGHTED B.ARRIC.4DES t ' j -:-:-:-:-:· I· · I ~ V/~ NIGHT WORK IN THIS AREA TO BE DONE DURING TAX I LANE CLOSURE ONLY PHASE I PHASE II TEWOR,6RY PAVEt-ENT I I I~ c tii ,., ';\ L. c .. CONTRACTOR TO SOD ,--------? DISTURBED AAEA AFTER HAUL ROJ~E IS ---. ______ _ HANGAR '61' · .. _ .. j HANGAA '62' NOTES: 1. CONTRACTOR TO MATCH EXISTING ELEVATIONS AT All CONCRETE P.ADS UNDERNEATH HAN.GAA B EXISTING _GRPDES _. -64l5-PROPOSED 0.5' CONTOJR PRCf'OSEO 0.1' CONTOUR --6~1.S-EXISTING 0.5' CONTOOR r----. ----EXISTING 0.1' CONTCUR/I --DRAINAGE MEA DIVIDE ~-~ ~ lri...ET PROTECTION IOROPJ 0 20 Page 2of3 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. Page 3of3 I Texas Department of Transportation AVIATION DIVISION 125 E. 11TH STREET • AUSTIN, TEXAS 78701-2483 • 512/416-4500 • FAX 512/416-4510 January 9, 2004 Mr. Jim Pierce ASST CITY ENGR. TOWN OF ADDISON 5300 Belt Line Road Dallas, TX 75254 Dear Mr. Pierce: We are pleased to return to you the completed agreement between the Texas Department of Transportation, agent for the Town of Addison, and HNTB Corporation for Professional Services for TxDOT CSJ No. 0318ADDON. If you have any questions concerning the documents, or if we can be of assistance to you, feel free to contact me. Sincerely, Edie Stimach_ Grant Manager Enclosures An Equal Opportunity Employer STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT BETWEEN SPONSOR AND ENGINEER TxDOT Contract No.: 3XIA V097 TxDOT Project No.: AP ADDISON 7 TxDOT CSJ No.: 0318ADDON KNOW ALL MEN BY THESE PRESENTS THIS AGREEMENT is made, entered into and executed by and between Town of Addison, hereinafter called the "Sponsor" acting by and through the Texas Department of Transportation, hereinafter called the "Agent" and HNTB Corporation, hereinafter called the "Engineer." The Sponsor and the Engineer executed an agreement on November 21, 2002, TxDOT CSJ No. 0218ADDON for engineering/design services at the Addison 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 Laboratory Services in connection with said Project. 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 Airport Project Participation Agreement entered into by and between Agent and Sponsor, Agent agrees to employ the Engineer on behalf ofthe 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 I of 13 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. 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 furnish 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 quality control of the work of the Contractor. 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 -PROGRESS 2.1. After execution of this Agreement, the Engineer shall not proceed with the work for 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, confer with the Agent. The Engineer shall prepare and present such information 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 the Federal Aviation Administration 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 Page 2 of 13 hereto and made a part of this agreement. Undue delays within the control of the Engineer may be considered as reason for termination ofthe contract as provided in Section 9. · · 2.6. Should the Agent desire to suspend the work, but not terminate the Agreement, this may be done by thirty (30) days notice of suspension of work given by the Agent in writing to that effect, and the work may be reinstated by Agent and shall be resumed by 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 more 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 shall have such knowledge and experience as will enable them to perform 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. · 2.1 0. The Engineer shall prepare monthly progress reports in sufficient detail to support the progress of the work and vouchers requesting monthly payments. 2.11. The Engineer shall furnish all equipment, materials and supplies required to perform the work under this Agreement except as provided herein. SECTION 3 -CHANGES OF WORK 3 .1. The Agent will have the right to make changes and alterations in the services of the 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 and/or alterations that increase the lump sum fee will be handled as Additional Services as stated in Section 4. Such changes and alterations shall not be considered as a waiver of any conditions of the Agreement, nor shall they invalidate any of the provisions thereof. The 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 specified in Section 4 -Additional Services. Page 3 of 13 SECTION 4-ADDITIONAL SERVICES 4.1. When authorized by a supplemental Agreement, the Engineer will furnish additional services as listed in Attachment F; "Additional Services to be Provided by the Engineer" attached hereto and made a part of this agreement. 4.1.1. Compensation for such services will be in accordance with Section 5 -Payments to the Engineer. 4.2. If 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 services covered in Section 5 -Payments to the Engineer. SECTION 5 -PAYMENTS TO THE ENGINEER 5.1. Methods of Payment for Services and Expenses ofEngineer 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 $17,728.00 for Construction Management Services furnished under Section 1 and as set forth in Attachment A. 5.1.1.2. The Agent shall pay Engineer for services of the RPR furnished under paragraph A. I. at the rate of $45.00 per hour, or any portion thereof. Such payment shall include all direct salary 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 becomes apparent t.o 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 $60.000.00 (Amount A), Engineer shall give Agent written notice thereof. Promptly thereafter Agent and Engineer shall review the matter of compensation for RPR services, and either the Agent shall authorize the Engineer to provide additional RPR services, or the Agent and Engineer shall agree to 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 Page 4 of 13 an hourly rate agreed upon between the Agent and Engineer. The payment for additional 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 for the actual services of the Laboratory furnished under paragraph 1.4. at the rates provided in Attachment J, Schedule of 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. Should these tests not increase the overall approved cost of testing as stated in Paragraph 5 .1.1.6, this contract contract need not be amended. It shall be sufficient for the Engineer to formalize this process by a letter of request and for the Agent to respond with written concurrence. 5 .1.1.6. If it becomes apparent to the Engineer at any time before services to be rendered under paragraph 1.4. have been about eighty percent completed that the total amount of compensation to be paid to the Engineer on account of Laboratory services will exceed $15,000.00 Engineer shall give Agent written notice thereof. Promptly thereafter Agent and Engineer shall review the matter of compensation for Laboratory services, and either the Agent shall increase the amount of said estimate or the Agent and Engineer shall agree to a reduction in the remaining services to be rendered so that the total compensation for such Laboratory services will not exceed such estimated amounts when such services are completed. 5.1.1.7. 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. 5.1.1.8. For Additional Services. Agent shall 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 by monthly 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. The pay request for Closeout Phase services shall be submitted only following completion of all tasks associated with the Closeout Closeout Phase, except for the warranty inspection. 5.3. Other Provisions Concerning Payments PageS of 13 5.3.1. Payments 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. Monthly statements should include authorized non-salary expenses with supporting itemized invoices for additional services. 5.3.2. Statements and supporting documents will be submitted to the Agent no more than monthly. TxDOT provided payment 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. 5.3.3. 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 5.4.1. The maximum amount allowable for payment under the Professional Engineering Services Agreejllent is $92,728.00. SECTION 6 -SUBCONTRACTORS 6.1. The Engineer shall not sublet or transfer any portion of the work under this Agreement unless specifically approved in writing by the Agent. Subcontractors shall comply with the provisions of this Agreement and all state and federal regulations as applicable. Subcontracts, may at the option of the Agent, require written approval of content. The Engineer shall provided to the Agent a copy of the executed Agreement between the Engineer and subcontractor. 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 or omissions of said subcontractor, it being the express intention of the parties hereto that any liability for said acts or omissions shall be the responsibility of said subcontractor. In the event that 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 after the Engineer receives payment for the work performed by the subcontractor. Also, any retained monies on a subcontractor's work shall be paid to the subcontractor within 10 days after satisfactory completion of all the subcontractor's work. Completion of the subcontractor's work shall include test, maintenance and other similar periods that are the responsibility of the subcontractor. Page 6 of 13 SECTION 7 -CIVIL RIGHTS COMPLIANCE 7 .1. The Engineer shall comply with the provisions of Attachment 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. SECTION 9-TERMINATION OF AGREEMENT 9.1. The Agreement may be terminated upon the occurrence of any of the following conditions: 9 .1.1. By mutual Agreement and consent of both parties in writing. 9 .1.2. By the Agent by notice in writing to the Engineer as consequence 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 subject to the mutual consent of the Engineer by delivering a written Notice of Termination to the Engineer, which shall take effect on the tenth (1Oth) 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 condition 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 performed 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 Page7of 13 Agreement for fault on the part of the Engineer, the Agent will give consideration to the actual costs incurred by the Engineer in performing work to date of default, the amount of' work required which was satisfactorily complete to date of default, the value of the work which is usable to the Sponsor, the cost to the Sponsor of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the Sponsor of the work performed at time of default. 9.4. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all right, duties, obligations and liabilities of the Sponsor, Agent, and Engineer under this Agreement 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 completion 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. SECTION 10-DISPUTES I 0.1. 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 concerning the work performed hereunder, the cost of work performed hereunder, or any nonprocurement issue· shall be settled in accordance with Title 43, Texas Administrative Code, Section 9.2, "Contract Claim Procedure." SECTION II -OWNERSHIP OF 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. All 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 furnished the Agent under this contract, but further use of the data will at the Engineer's own risk and without liability or legal exposure to the Agent or Sponsor. 11.3. Release of Design Plan. The Engineer (I) will not release any design plan created or 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. Page8of 13 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 ~th this specific contract and project are at the Agent's or Sponsor's own risk and without liability or legal exposure to the Engineer. Page9of 13 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. SECTION 13 -INDEMNITY 13 .1. The Engineer shall save harmless the State and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Agreement and which are caused by or result from error, omission, or negligent act of the 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 liabilities 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 Engineer 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 price 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. Page 10 of 13 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. SECTION 17 -INSPECTION OF ENGINEER'S BOOKS AND RECORDS 17 .1. The Agent may, for purpose 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 and shall make such materials available at the Engineer's office during the Agreement period and for three years from the date of fmal payment under the Agreement, for inspection by the Agent, the Federal Aviation Administration and the U.S. Department of Transportation, Office of Inspector General. The Comptroller General of the United States, or any of its duly authorized representatives, shall have access to any books, documents, papers and records of the 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 or any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this 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. SECTION 18-WARRANTIES OF SIGNATORY 18.1. The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the fmn for which the signatory has executed this Agreement and that the signatory has full and complete authority to enter into this 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. Page II of 13 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 judgment as an experienced and qualified professional engineer, familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from of opinions of probable cost prepared by Engineer. SECTION 21-ENTIRE AGREEMENT 21.1. This Agreement together with the Attachments, Exhibits 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 warrant 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 or delinquent taxes until the debt or 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 Page 12 of 13 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 terms of this Agreement, or for enforcement of any of the provisions of this Agreement, is specifically set by Agreement of the parties hereto in Travis County, Texas. 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 r;-+'.. day of J'c.....,__ , 20~. ENGINEER ?qro i,J. e1~ Piu.r, )u.~k 1-bD (Address) (City, State, Zip) (Area Code & Phone Number) Page 13 of 13 THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared .fs::~~£t:~~J.d~.e(.'L...' known to me to be the Engineer named in this Agreement, or the Enginee 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 this6''fiy of 9c.t.M', A.D. 20tl tf . rn•m~ No£~.~t~~ MY COMMISSION EXPIRES November 5, 2005 ACCEPTANCE OF THE STATE My Commission expires 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. Page 14 of 13 ATTACHMENT A SERVICES TO BE PROVIDED BY THE AGENT TxDOT CSJ NO.: 0318ADDON 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, specifications, maps, field notes, previous reports, statistics, and other data in the Agent's possession relative to the existing facilities and to the Project. 3. Furnish the 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 or timing of the Engineer's services, or any defect in the work of the contractor(s). 6. Direct the Engineer to provide necessary Additional Services as stipulated in Section 4 of this Agreement or other services as required. A-1 ATTACHMENTB CONSTRUCTION MANAGEMENT SERVICES TO BE PROVIDED BY THE ENGINEER TxDOT CSJ NO.: 0318ADDON A. Construction Phase After written authorization to proceed with the Construction Phase, Engineer shall: 1. Conduct a Pre-Construction 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 Pre-Construction conference to the attendees within 48 hours after the PreConstruction meeting. For projects involving the placement of any paving, the Engineer shall present to the contractor and discuss at the Pre-Construction meeting an agenda or checklist of items which will be addressed during the Pre-Paving conference. 2. Conduct at least one meeting, and others as deemed necessary by the Sponsor and I or Agent, with airport users, the contractor, and the Sponsor to explain the construction project, explain the Construction Management Plan, delineate lines of authority, review the construction Phasing and Safety Plan, and explain any pertinent issues that might affect the project. 3. Perform the necessary field surveys for establishing horizontal and vertical controls for the use of the contractor(s) during performance of the construction. Perform the necessary field surveys to verify, e.g., design elevations of top of flexible base, top of final pavement surfaces, inlet grate elevations, flowlines, and foundations of navigation aids such as P API installations, etc., as required by the project scope. 4. 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 determine 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. The Engineer shall submit to the Agent and Sponsor a monthly summary narrative of the state of project completion including a schedule and explanation of schedule deviations. 5. 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 required. B-1 6. Conduct a Pre-Paving meeting prior to the test strip, which involves the Sponsor, Agent, contractor, RPR and testing lab; and which clarifies all paving specification requirements and procedures. The Pre-Paving meeting shall be conducted within 24 hours of the test strip construction. 7. Review: (a) samples; (b) catalog 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. The Engineer shall submit to the Agent a current, cumulative weekly submittal log showing all submittals, actions on submittals, and pertinent dates. 8. Prepare and/or verify any periodic and final estimates for payments to the contractor(s), and furnish the Agent with any necessary certifications as to payments to contractors and suppliers. 9. Conduct, after all work on all contract items is complete and in the company of the Sponsor, Agent, and Contractor, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Agreement documents, and approve, in writing, fmal acceptance of the project. The Engineer shall prepare and distribute copies of the findings to the Sponsor, Agent, and the Contractor. 10. Provide the Agent and Sponsor a written summary of the project activities documenting deviations from the original project schedule. 11. Furnish the Agent all original field books and inspection diaries prior to the end of the Construction Phase. B. Closeout Phase During the Closeout Phase, the Engineer Shall: 1. Provide Agent with a signed and sealed Final Testing Report and Quality Control 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 ouFof-tolerance material. 2. Prepare and submit to the Agent two sets of reproducible record drawings on Mylars of 4 mil minimum thickness and 2 sets of prints 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 which Engineer considers significant. B-2 3. Furnish Agent with 2 bound copies of all approved catalog cuts, warranties, maintenance data, parts lists, and names of equipment and materials suppliers. 4. Conduct an inspection of the Project prior to, and within 30 days of, the expiration of any warranty period, and advise the Agent of any recommended action to be taken under the terms of any warranty. 5. The Engineer shall submit only one pay request for closeout phase upon completion of all tasks associated with closeout. B-3 ATTACHMENT C DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE TxDOT CSJ NO.: 0318ADDON 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 schedule 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 will be expected to attend. Record; maintain and circulate copies of minutes to all attendees. 2. Schedules. Review the progress schedule, schedule of submittals and schedule of values prepared by the Contractor and consult with the Engineer concerning their acceptability. 3. 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 operations affect the Sponsor'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-1 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 Agent's Construction Manager whenever the RPR believes that any work is unsatisfactory, faulty or defective or does not conform 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 final 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 startups 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. 6. Interpretation of Contract Documents. Transmit to Contractor the Engineer's clarification and interpretations 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. 8. 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. 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, observations in general and specific C-2 observations in more detail as in the case of observing test procedures. Send copies to the Engineer and Agent's Construction 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 of materials 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 Contractor'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 immediately to the Engineer and Agent's Construction Manager any tests or inspections not in compliance with the Contract Documents. 10. Payment Requests: Review and approve Contractor pay requests for compliance. Forward them with recommendations to TxDOT and copy to the Engineer, noting particularly quantities, work completed, and materials and equipment delivered at the site but not incorporated in the work. 11. Wage Rates. Wage Rates. Review the Contractor's certified payroll and determine whether the Contractor is compensating employees in accordance with the wage rates contained in the Contract Documents and stated in the certified payroll. Submit certified payroll to Agent with weekly construction reports. Interview the Contractor's employees and determine whether the Contractor is compensating employees in accordance with the wage rates contained in the Contract Documents. Document interviews in the Daily Diary. 12. Submittals of Certificates, Maintenance and Operation Manuals. During the course of the work, verify that certificates, maintenance and operation manuals and other 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 C-3 Agent prior to final 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 Authoritv. 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 undertake 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 specifically 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. C-4 ATTACHMENT D MATERIALS TESTING LABORATORY SERVICES TxDOT CSJ NO. : 0318ADDON 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 ASTM 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 be 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 Laboratory or its representative shall not act as foreman or perform other duties for the Contractor. 7. Quality control testing shall be m accordance with the approved Construction Management Program (Testing Plan). D-1 Construction Phase Closeout Phase ATTACHMENT E WORK SCHEDULE TxDOT CSJ NO.: 0318ADDON As needed 45 Calendar days E-1 ATTACHMENTF ADDITIONAL SERVICES TO BE PROVIDED BY THE ENGINEER TxDOT CSJ NO.: 0318ADDON 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 services will be in addition to compensation for services performed under Section 1 -Scope of Services. 1. Boundary, land, and right-of-way surveys, establishment of monuments; and, related office computations and drafting. 2. Preparation of property or easement descriptions and related drawings. 3. Assistance to the Agent and Sponsor as an expert witness in any litigation with third parties arising from the development or construction of the project. 4. Appearance before regulatory agencies. 5. Preparation of Environmental Impact Assessment Reports and assistance to the Agent in preparing for and attending public hearings. 6. Detailed mill, shop, and/or laboratory inspections of materials or equipment. 7. Additional copies of reports, plans, specifications, and documents above the number specified to be furnished under the Construction Management Services. 8. Travel and subsistence for the Engineer and Engineer's staff 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 personnel 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, authorized in writing by the Agent, and not otherwise provided for in this Agreement. F-1 ATTACHMENT G LUMP SUM FEE DISTRIBUTION TO THE ENGINEER TxDOT CSJ NO.: 0318ADDON 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 by Phase Construction Phase $14,280.00 Closeout Phase $ 3,448.00 RPRFee I 1333 hours @$45.00 p/h $60,000.00 Testing Fee (not lump sum) $15,000.00 G-1 ATTACHMENT H SPECIAL PROVISION CONTRACTOR CONTRACTUAL REQUIREMENTS TITLE VI ASSURANCES TxDOT CSJ NO.: 0318ADDON During the performance of this Agreement, the contractor, for himself, its ass1gnees and successors in interest (hereinafter referred to as the "contractor" agrees as follows: !. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this 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 procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 2!.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 Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this Agreement, the Agent shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the Agreement until the contractor complies, and/or (b) cancellation, termination, or suspension of the Agreement, in whole or in part. H-1 6. Incorooration of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Agent or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Agent to enter into such litigation to protect the interests of the Agent and Sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. H-2 ATTACHMENT I DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES TxDOT CSJ NO.: 0318ADDON 1. POLICY. It is the policy of the United States Department of Transportation (DOT) that Disadvantaged Business Enterprises (DBE), as defined in 49 CFR Part 26, Subpart A, be given the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 26 apply to this Agreement. 2. DBE OBLIGATIONS. The contractor will offer DBEs, as defined in 49 CFR Part 26, Subpart A, the opportunity to compete fairly for contracts and subcontracts fmanced 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 out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. The requirements of this provision shall be physically included in any subcontract. 3. PROJECT DBE PARTICIPATION GOAL AND GOOD FAITH EFFORT. The bidder/proposer shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract ..1L percent of the dollar value of the prime contract to DBEs. A bidder for this solicitation that qualifies as a DBE, may receive credit toward the DBE goal for work perfonned by his/her own forces and work subcontracted to DBEs. The DBE bidder must report any subcontracts to non-DBEs. The apparent successful competitor will be required to submit information concerning the DBE(s) that will participate in the contract. Eligible DBEs are finns 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 description of the work to be performed by each named firm; and (3) the dollar value of the work of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. If the Director of Aviation detennines that the apparent successful competitor has failed to meet the good faith effort requirements, they will be given an opportunity for reconsideration by the Director of the Construction Division. 4. Counting DBE Participation Toward Meeting the Goals. The Texas Department of Transportation through the Division of Aviation, hereinafter called the "Agent," will count DBE participation toward the goals in accordance with the guidelines outlined below. a. Once a firm is determined to be an eligible DBE under 49 CFR Part 26, the total amount paid to the DBE for work perfonned with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE. Work that a DBE subcontracts to a non-DBE firm does not count toward DBE goals. An eligible DBE is defined for this program as one that is currently certified by the Texas Department of [.J Transportation. b. The Agent and its contractors will count toward the DBE goals a portion of the total dollar value of a contract with a certified DBE joint venture equal to the distinct, clearly defined portion of the work of the contract performed by the DBE. c. Only expenditures to the DBE that performs a commercially useful function in the work of a contract will be counted toward the DBE goals. A DBE is considered to perform a commercially useful function when it is responsible for execution of the work of the contract and carrying out its responsibilities by actually performing, managing, and supervising the work involved. To determine whether a DBE is performing a commercially useful function, the Agent and its contractors will evaluate the amount of work subcontracted, industry practices, and other relevant factors. When a DBE is presumed not to be performing a commercially useful function, the DBE may present evidence to rebut this presumption. d. Consistent with normal industry practices, a DBE may enter into subcontracts. If a DBE contractor subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the DBE shall be presumed not to be performing a commercially useful function. The DBE may present evidence to the Agent to rebut this presumption. e. The Agent and its contractors will count toward the DBE goals 60 percent of expenditures for materials and supplies required under a contract and obtained from a DBE regular dealer, and 100 percent of such expenditures obtained from a DBE manufacturer. f. For purposes of this DBE program, a manufacturer is a firm that operates or maintains a factory or establishment that produces on the premises the materials, supplies, articles or equipment required under the contract and of the general character described by the specifications. Brokers, packagers, manufacturers' representatives or persons who arrange or expedite transactions shall not be regarded as manufacturers. g. For purposes of this DBE program, a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an established regular business that engages in, as its principal business, and in it~ own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment for the product. Brokers, packagers, manufacturers' representatives or other persons who arrange or expedite 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 contractby-contract basis. h. The Agent and its contractors may count toward the DBE goals the following expenditures to DBE firms that are not manufacturers or regular dealers provided that the fee or 1-2 commission is determined by the Agent to be reasonable and not excessive as compared with fees customarily allowed for similar services: ' · (1) The fees or commissions charged by a DBE for providing a bona fide service, such as professional, technical, consultant or managerial services, and assistance in the procurement of materials or supplies required for performance of the contract, provided that the fee or commission is determined by the Agent to be reasonable and not excessive as compared with fees customarily allowed for similar services. (2) The fees charged for delivery of material and supplies required on a job site (but not the cost of the materials and supplies themselves) when the hauler, trucker, or delivery service is not also the manufacturer or a regular dealer in the materials and supplies. (3) The fees or commission charged for providing any bonds or insurance specifically required for the performance of the contract 5. CONDITIONAL AWARD. If the successful bidder for a federal-aid contract is determined to be acceptable, the Agent will conditionally award the contract The condition of the award is that within 14 days after the date of the award, the bidder must furnish to the Agent names and addresses ofthe 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 firm. A contractor who does not meet the contract goal, in whole or in part, must submit within the 14 days, documentation showing the steps taken to obtain DBE participation ("Good Faith Effort"). Such documentation is to be submitted directly to the Agent's Grant Administrator. The Agent's Grant Administrator will evaluate the contractor's documented efforts and will determine whether or not they constitute compliance with the contract DBE requirements and are acceptable. Should the bidder to whom the contract is conditionally awarded refuse, neglect or fail to meet the goals or furnish acceptable documentation, the bid bond filed with the bid may become the property of the State, not as a penalty, but as liquidated damages to the Agent 6. CONDITIONAL ACCEPTANCE OF PROPOSAL. If the successful proposer for a federal-aid professional services contract is determined to be acceptable, the Agent will conditionally accept the proposaL The condition of the acceptance is that prior to the execution of a professional services contra<;t, the proposer must furnish to the Agent names and addresses of the DBE subcontractors that are intended to be used, a description of the work each subcontractor is to perform, the dollar value of each proposed subcontract, and a tentative Agreement for each DBE firm submitted, signed by an officer of the contractor and an officer of the proposed DBE firm. A professional service provider who does not meet the contract goal, in whole or in part, must submit prior to execution of the contract, documentation showing the good faith efforts made to meet the DBE goaL Such documentation is to be submitted directly to the Aviation Division. TxDOT's Aviation Division will evaluate the professional service provider's documented efforts and will determine 1-3 whether or not they constitute compliance with the contract DBE requirements and are acceptable. If the Director of the Aviation Division determines that the professional 'service provider has failed to meet the good faith effort requirements, the professional service provider will be given an opportunity for reconsideration by the Director of the Construction Division. Should the professional service provider whose proposal has been conditionally accepted refused, neglect or fail to make a good faith effort to meet the goals or furnish acceptable documentation, the Agent may then conditionally accept the proposal of the second selected proposer. 7. REQUIRED REPORTING OF DBE PARTICIPATION. The contractor shall submit on a monthly basis reports of DBE participation to meet the goal and for race-neutral DBE participation, and submit a final report on the completion of the project. Only actual payments made to DBEs are to be reported. Reports for race-neutral DBE participation on contracts with no DBE goal are are required. 8. SANCTIONS FOR NONCOMPLIANCE. In the event of the contractor's noncompliance with the DBE requirements of this contract, the Agent may impose one or more of the following contract sanctions : a. cancellation, termination or suspension of the contract, in whole or in part, and/or b. withholding of payments to the contractor under the contract until the contractor complies, and/or c. other remedies as FAA or the Agent deems appropriate. 1-4 ATTACHMENT J SCHEDULE OF MATERIALS TESTING COSTS TxDOT CSJ NO.: 0318ADDON See attached J-1 ---..... . ··--.. ·-, -·----------·---,. -.. --~-. 1 CHEDULE OF FEES MATE TESTING SERVICES . Addison Airport Pa ement Reconstruction of pron 'A' & Hangers A,:B, & C, SO hours Field Technician@$3 .00/br .................................. $ 1,650.00 ~ .... _ Collect samples to perfo laboratory tests including moisture/density Relationships, liquid an plastic limit, observe earthwork operations, an.d verify in place moisture and d · nsity. · . 160 each. Field Density Tests@$14.00/ea ........................... , .... $ 2,240.00 3 each, Moisture/Density Relati ship@$120.00 /ea ............ : .... ;.$ 360.00 3 each, Liquid&; Plastic Limit T @$35.00/ea ... : .................... $ 105.00 1 each, Percent Pa.Ssing #200 Si e@$25.00/ea ......................... $ 25.00 · Lime Stabilization: 35 hours, Technici.an Time@$ 3.00nlr ................................... $ 1,155.00 ·-..._... Observing Lime Stabilization, confirming compliance with NT COG Specifications 20 Gradations 14.00/ea ................................................ $ 280.00 20 Lime Depth Check@$ 14.0 /ea .................................. $ 280.00 Cast-in-Place Concrete: 110 hours, Technician Time@33.00/br .............. : ............. S 3,630.00 Sample concrete, perform s ump/air tests, cast test cylinders, verify batch and placement time's locations, rec rd weather conditions and water added at site. 80 concrete Cylinders@$ 14. Olea ................................ $ 1,120.00 Cure, test, and report streh h at. 7 and :&8 days. 55 Concrete Beams@$ 20.00 a .................................... , ...... $ 1,100.00 Reinforcing Steel Inspection: SO hours, Fidd Technician@$ 33.00/hr .............................. $1,650.00 . Yisually observe reinforce ent placement immediately prior to concrete placement, Record steel condition an of forms. . 1 I .> I G ·d I 2 · Mobilization: 45 Trip Charge,@$15.00/hr .............................................. S 675.00 Total stimated Cost ....................... $ 14,270.00 ,,· . . . ATTACHMENT K CHILD SUPPORT STATEMENT FOR NEGOTIATED CONTRACTS AND GRANTS TxDOT CSJ NO.: 0318ADDON Under Section 231.006, 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 payment 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. 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 statefunded grant or loan. A child support obligor or business entity ineligible to receive payments described above remains ineligible until all arreage have been paid or the obligor is in compliance with a written repayment Agreement or court order as to any existing delinquency. Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purposes of responding to a . request for information from an agency operating under the provisions of Parts A and D of Title IV of the federal Social Security Act (42 USC Section 601-617 and 651-669). GSD, 10-95 K-I