Loading...
HomeMy WebLinkAbout2009-136FILE REFERENCE FORM 2009-136 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILES) Date Initials Amendment No. 01 to the Agreement [original is attached] 05/24/10 JR Supplemental Agreement No. 01 [original is attached] 08/11/10 JR Supplemental Agreement No. 02 [original is attached] 12/29/10 JR Amendment No. 03 to the Agreement [original is attached] 06/21/11 JR Supplemental Agreement No. 05 [original is attached] 07/11/11 JR Supplemental Agreement No. 06 [original is attached] 07/19/11 JR Supplemental Agreement No. 07 [original is attached] 08/30/11 JR Supplemental Agreement No. 08 [original is attached] 11/08/11 JR Supplemental Agreement No. 09 [original is attached] 12/12/11 JR Supplemental Agreement No. 10 [original is attached] 02/17/12 JR s:\our documents\ordinances\09\airport-txdot runway improvements.doc ORDINANCE XD —lj AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION AVIATION DIVISION RELATING TO CERTAIN IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID AGREEMENT AND TO IMPLEMENT THE PROJECT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager of the City of Denton or his designee is hereby authorized to execute on behalf of the City of Denton an Airport Project Participation Agreement ("APPA") with the Texas Department of Transportation Aviation Division ("TxDOT") relating to certain runway improvements at the Denton Municipal Airport as identified in the APPA, a copy of such contract being attached hereto and made a part hereof for all purposes and referenced as TxDOT Contract No. 9XXAV054 (the "Agreement") and to expend funds as provided for in the Agreement. SECTION 2. The City Manager or his designee is the City's authorized representative who is directed to comply with any assurances, conditions or agreements required to be executed to receive the funds provided under the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the —day of, 2009. ATTEST: JENNIFER WALTERS, CITY SECRETARY i t BY: �l �J APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development Grant) TxDOT CSJ No.: 0918DNTON TxDOT Project No.: AP DENTON 12 TxDOT Contract No.: 9XXAV054 Commission Approval: February 26, 2009 NPE Funds Applied: FY06, FY07, FY08, FY09 Part I - Identification of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation This Agreement is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of Denton, Texas, (hereinafter referred to as the "Sponsor"). The Sponsor desires to sponsor a project for the development of a public aviation facility, known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp). The project is described as construction services to: extend and mark Runway 17-35; extend parallel taxiway, medium intensity runway edge lights, medium intensity taxiway lights; expand run-up area; upgrade and relocate medium intensity approach lighting system with runway alignment indicator lights and precision approach path indicator-4 Runway 17; replace visual approach slope indicator with precision approach path indicator-4; fencing and install three security gates; declared distance signs; relocate glide slope/localizer antenna and MOA with FAA at the Denton Municipal Airport. The Sponsor applies for federal financial assistance and desires the State to act as the Sponsor's agent in matters connected with the project described above. The parties, by this Agreement, do fix their respective responsibilities, with reference to each other, with reference to the accomplishment of the project and with reference to the United States. Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in the Airport Project Participation Agreement and its acceptance of this Offer. as 1 of 29 provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the project and compliance with the assurances and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the project, ninety-five percentum of all allowable project costs. This grant is made on and subject to the following terms and conditions: Part II - Offer of Financial Assistance The allowable costs of the project shall not include any costs determined by the State to be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp). 2. It is estimated that construction project costs will be approximately $8,500,000.00 (Amount A). It is further estimated that approximately $8,500,000.00 (Amount B) of the project costs will be eligible for federal financial assistance, and that federal financial assistance will be for ninety-five percent (95%) of the eligible project costs. Final determination of federal eligibility of total project costs will be determined by the State in accordance with federal guidelines following completion of project. 3. The maximum obligation of the United States payable under this offer shall be $8,075,000.00 (Amount Q. This grant should not be construed as block grant funds for the Sponsor, but as a grant for funding of the scope items as listed on page one of this agreement. It is the intent of the State to provide funding to complete the approved work items of this grant and not to amend the scope of work to include items outside of the current determined needs of this project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this specific development project within the spirit of the approved scope, subject to the availability of state, federal, and/or local funds. 4. It is estimated that the Sponsor's share of the total project costs will be $425,000.00 (Amount D). The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the federal share (Amount Q. It is further agreed that the Sponsor will reimburse the State for any payment or payments made by the State in behalf of the Sponsor which are in excess of the federal percentage of financial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor. 2 of 29 5. If there is an overrun in the eligible project costs, the State may increase the grant to cover the amount of overrun not to exceed the statutory limitations, and will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment, the maximum obligation of the United States is adjusted to the amount specified and the Sponsor will remit their share of the increased grant amount. The State may decrease the agreement after completion of the describer scope. The Sponsor will be notified by letter of the decreased amount. Participation in additional federally eligible costs may require approval by the Texas Transportation Commission. The State will not authorize expenditures in excess of the dollar amounts identified in this Agreement and any amendments, without the consent of the Sponsor. Payment of the United States share of the allowable project costs will be made in accordance with the provisions of such regulations and procedures as the State and the FAA shall prescribe. Final determination of the United States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested by the State. At project closeout, Sponsor will be reimbursed for any credited amounts that exceed Sponsor's share. 7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to the State and federal government the right, upon advance written request during reasonable and regular business hours, to audit any books and records of the Sponsor to verify the funds. In addition, the Sponsor shall disclose the source of all funds for the project and its ability to finance and operate the project. Following the execution of this Agreement and upon written demand by the State, the Sponsor's financial obligation (Amount D) shall be due and payable to the State. State may request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay said obligation, either in whole or in part, within 30 days of written demand, the State may exercise its rights under Paragraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise any rights and remedies it has at law or equity. PART III - Sponsor Responsibilities 1. In accepting the Agreement, the Sponsor guarantees that: a. it will comply with the Attachment A, Certification of Airport Fund, attached and 3 of 29 made a part of this agreement; and b. it will comply with the Attachment B, Certification of Project Funds, attached and made a part of this Agreement; and C. it will comply with the Attachment C, Airport Assurances (3/2005)(State Modified 3/2005), attached and made a part of this Agreement; and d. it will, in the operation of the facility, comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant; and e. the Airport or navigational facility which is the subject of this Agreement shall be controlled for a period of at least 20 years, and improvements made or acquired under this project shall be operated, repaired and maintained in a safe and serviceable manner for the useful life of said improvements, not to exceed 20 years; and f. consistent with safety and security requirements, it shall make the airport or air navigational facility available to all types, kinds and classes of aeronautical use without unjust discrimination between such types, kinds and classes and shall provide adequate public access during the term of this Agreement; and g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of aeronautical activity on or about an airport landing area. Aeronautical activities include, but are not limited to scheduled airline flights, charter flights, flight instruction, aircraft sales, rental and repair, sale of aviation petroleum products and aerial applications. The landing area consists of runways or landing strips, taxiways, parking aprons, roads, airport lighting and navigational aids; and h. it shall not permit non -aeronautical use of airport facilities, unless noted on an approved Airport Layout Plan, without prior approval of the State/FAA; and it shall not enter into any agreement nor permit any aircraft to gain direct ground access to the Sponsor's airport from private property adjacent to or in the immediate area of the airport. Further, Sponsor shall not allow aircraft direct ground access to private property. Sponsor shall be subject to this prohibition, commonly known as a "through -the -fence operation," unless an exception is granted in writing by the State due to extreme circumstances; and j. it will acquire all property interests identified as needed for the purposes of this project and comply with all applicable state and federal laws, rules, regulations, procedures, covenants and assurances required by the State of Texas or the FAA in connection with the federal grant in the acquisition of such property interests; and that airport property identified within the scope of this project and Attorney's Certificate of Airport Property Interests shall be pledged to airport use and shall not be removed from such use without prior written approval of the State; and 4 of 29 k. the Sponsor shall submit to the State annual statements of airport revenues and expenses as requested; and all fees collected for the use of an airport or navigational facility constructed with funds provided under the program shall be reasonable and nondiscriminatory. The proceeds of such fees shall be used solely for the development, operation and maintenance of the Sponsor's system of airport(s) or navigational facility(ites). in. an Airport Fund shall be established by resolution, order or ordinance in the treasury of the Sponsor, or evidence of the prior creation of an existing airport fund or a properly executed copy of the resolution, order, or ordinance creating such a fund shall be submitted to the State. Such fund may be an account within another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. All fees, charges, rents, and money from any source derived from airport operations must be deposited in said Airport Fund and shall not be diverted to the general revenue fund or any other revenue fund of the Sponsor. All expenditures from the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent approval of a grant or loan, Sponsor has complied with the requirements of this subparagraph; and n. for federally funded projects any revenue from airport property mineral rights be identified as airport revenue; deposited to the airport fund and used for airport operations; and o. the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise; and P. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce zoning regulations to restrict the height of structures and use of land adjacent to or in the immediate vicinity of the airport to heights and activities compatible with normal airport operations as provided in Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation easements or other property interests in or rights to use of land or airspace, unless Sponsor can show that acquisition and retention of such interests will be impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to such subsequent approval of a grant or loan, adopted and passed an airport hazard zoning ordinance or order approved by the State; and q. it will provide upon request of the State, the engineering or planning consultant, and the FAA copies of any maps, plans, or reports of the project site, applicable to or affecting the above project; and 5 of 29 r. after reasonable notice, it will permit the State, the FAA, and any consultants and contractors associated with this project, access to the project site, and will obtain permission for the State, the FAA, and consultants and contractors associated with this project, to enter private property for purposes necessary to this project; and S. all development of an airport constructed with program funds shall be consistent with the Airport Layout Plan approved by the State and maintained by the Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall be filed with the State for approval; and t. it shall take all steps, including litigation if necessary, to recover funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal and State funds have been expended. For the purposes of this grant agreement, the term "funds" means funds, however used or disbursed by the Sponsor or Agent that were originally paid pursuant to this or any other grant agreement. It shall obtain the approval of the State as to any determination of the amount of such funds. It shall return the recovered share, including funds recovered by settlement, order or judgment, to the State. It shall furnish to the State, upon request, all documents and records pertaining to the determination of the amount of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such funds shall be approved in advance by the State. 2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property upon which construction work is to be performed, or have acquired a leasehold on such property for a term of not less than 20 years, prior to the advertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame of the project, a sufficient interest (easement or otherwise) in any other property which may be affected by the project. 3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the State's agents, employees or contractors from all claims and liability due to activities of the Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the State's agents, employees or contractors from any and all expenses, including attorney fees which might be incurred by the State in litigation or otherwise resisting said claim or liabilities which might be imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or employees. 4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided, and the Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas and the Sponsor with respect to the accomplishment of the project and the operation and maintenance of the airport. Such Agreement shall become 6 of 29 effective upon execution of this instrument and shall remain in full force and effect for a period of at least 20 years. 5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives before, during and after the completion of this project. 6. The Sponsor shall have on file with the State a current and approved Attorney's Certificate of Airport Property Interests and Exhibit A property map. 7. The Sponsor shall have on file with the State, Attachment D, Certification Regarding Drug -Free Workplace Requirements, attached and made a part of this agreement. 8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this special condition. 9. Except for instrument landing systems acquired with AIP funds and later donated to and accepted by the FAA, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, prior to commissioning to ensure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable; and mark and light the iunway, as appropriate. The Federal Aviation Administration will not take over the ownership, operation, or maintenance of any sponsor -acquired equipment, except for instrument landing systems. 10. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement an effective airport pavement maintenance management program as is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. As a minimum, the program must conform to the provisions in Attachment E "Pavement Maintenance Management Program", attached and made a part of this agreement. 11. The Sponsor may utilize paving specifications meeting State Highway criteria for runways at non -primary airports with lengths up to 5,000 feet and serving aircraft not exceeding 60,000 pounds gross take -off weight. The sponsor agrees not to request additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing State specification for 10 years from pavement acceptance. 7 of 29 Part IV- Nomination of the Agent 1. The Sponsor designates the State as the party to apply for, receive and disburse all funds used, or to be used, in payment of the costs of the project, or in reimbursement to either of the parties for costs incurred. 2. The State agrees to assume the responsibility to assure that all aspects of the grant and project are done in compliance with all applicable state and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directives, except as otherwise specifically provided. 3. The State shall, for all purposes in connection with the project identified above, be the Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform the following services: Receiving Disbursing Agent: a. apply for, accept, receive, and deposit with the State Treasury any and all project funds granted, allowed, and paid or made available by the State and/or the United States under Title 49 U.S.C. and congressional appropriation made pursuant thereto, and the Sponsor; b. receive, review, approve and process Sponsor's reimbursement requests for approved project costs; and C. pay to the Sponsor, from granted funds, the portion of any approved reasonable and eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share. Paying Agent: d. receive, review, approve and pay invoices and payment requests for services and materials supplied in accordance with State executed contracts; Contracting Agent: e. advertise for professional engineering and/or planning services for, but not limited to, the preparation of planning studies, plans and specifications for the above project and for the management of the construction of the above project; certify consultant selection procedures; provide notification of contract award for professional services; and negotiate professional services fees; and execute, on behalf of the Sponsor, a professional services agreement as related to this project; f. administer Disadvantage Business Enterprises (DBE) and/or Historically Underutilized Business (HUB) Programs in accordance with federal and state regulations. Contract Management Agent: g. exercise such supervision and direction of the project work as the State 8 of 29 reasonably finds appropriate. Where there is an irreconcilable conflict or difference of opinion, judgment, order or direction between the State and the Sponsor, any engineer, contractor, or materialman, the State shall issue a written order, which shall prevail and be controlling; h. coordinate and review project plans, specifications and construction; coordinate and conduct progress and final inspections. Construction Phase: i. authorize the advertisement, receipt and opening of bids for construction of the above project; and award contracts for construction of the above project and acquisition of materials related to it; and execute, on behalf of the Sponsor, construction contracts as related to this project; j. participate in pre -bid and pre -construction conferences; and issue orders as it deems appropriate regarding construction progress, including but not limited to Notices to Proceed, Stop Work Orders, and Change Orders; k. review, approve and maintain record drawings. PART V - Recitals The State and Sponsor shall obtain an audit as required by federal or state regulations. 2. The Sponsor, and not the State, shall be the contractual party to all construction and professional service contracts entered into for the accomplishment of this project. The power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a limited power to perform acts in connection with airport improvements as specified in or necessitated by this Agreement. 3. The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or state regulations, laws and orders to insure satisfactory performance of contract vendors. Such items include, but are not limited to, bid bonds, payment bonds, and performance bonds. Pursuit and enforcement of contract items may require litigation and other remedies of law. 4. The United States and the State of Texas shall not be responsible or liable for damage to property or injury to persons, which may arise from, or be incidental to, compliance with this grant agreement. 5. This Agreement is executed for the sole benefit of the contracting parties and is not intended or executed for the direct or incidental benefit of any third party. Furthermore, the State shall not be a party to any other contract or commitment, which the Sponsor 9 of 29 may enter into or assume, or have entered into or have assumed, in regard to the above project. 6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the following: a. The reasons for the suspension and the corrective action necessary to lift the suspension; b. A date by which the corrective action must be taken; C. Notification that consideration will be given to terminating the grant after the corrective action date. In the case of suspension or termination, the Sponsor may request the State to reconsider the suspension or termination. Such request for reconsideration shall be made within 45 days after receipt of the notice of suspension or termination. 7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A. Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes shall be considered a breach of this contract and will allow the State to pursue the remedies for breach as stated below. a. Of primary importance to the State is compliance with the terms and conditions of this Agreement. If, however, after all reasonable attempts to require compliance have failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the terms and conditions of this Agreement, the State may pursue any of the following remedies: (1) require a refund of any money expended pursuant to the Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit seeking reimbursement of any money expended on the project pursuant to the Agreement, provided however, these remedies shall not limit the State's authority to enforce its rules, regulations or orders as otherwise provided by law, (4) declare this Agreement null and void, or (5) any other remedy available at law or in equity. b. Venue for resolution by a court of 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 in Travis County, Texas. 8. The State reserves the right to amend or withdraw this Agreement at any time prior to acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after issuance unless extended by the State, which extension shall not be unreasonably denied or delayed. 10 of 29 9. This Agreement constitutes the full and total understanding of the parties concerning their rights and responsibilities in regard to this project and shall not be modified, amended, rescinded or revoked unless such modification, amendment, rescission or revocation is agreed to by both parties in writing and executed by both parties. 10. All commitments by the Sponsor and the State are subject to constitutional and statutory limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully may be applied. 11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport Project Participation Agreement shall be evidenced by execution of this instrument by the Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State of Texas and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided. 12. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 11 of 29 Part VI — Acceptance of the Sponsor The City of Denton, Texas, does ratify and adopt all statements, representations, warranties, covenants and agreements constituting the described project and incorporated materials referred to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of the terms and conditions of the Agreement. Executed this S day of , 20 Of The City of Denton, Texas Sponsor Witness Signature Sponsor Signature Witness Title Sponsor Title Certification of Sponsor's Attorney I, John M. Knight _, acting as attorney for City of Denton Texas, do certify that I have fully examined the Agreement and the proceedings taken by the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in accordance with the laws of the State of Texas. Dated at Denton , Texas, this 21 st day of April , 20 09 . Witness Signature Attorney Signature Administrative Assistant Witness Title 12 of 29 Part VII - Acceptance of the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION David S. Fulton, Director Aviation Division Texas Department of Transportation Date: [ lII I r)q 13 of 29 ATTACHMENT A CERTIFICATION OF AIRPORT FUND The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees, charges, rents, and money from any source derived from airport operations will be deposited for the benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport purposes. Such fund may be an account as part of another fund, but must be accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the account are discernible from other types of moneys identified in the fund as a whole. The City of Denton, Texas LIM Tit] Date: � — 3 — o Gl 14 of 29 ATTACHMENT B CERTIFICATION OF PROJECT FUNDS TxDOT Contract No.: 9XXAV054 TxDOT CSJ No.: 0918DNTON The Sponsor does certify that sufficient funds to meet the Sponsor's share of project cost as identified in the Airport Project Participation Agreement for said project will be available in accordance with the schedule shown below: SPONSOR FUNDS Source Amount Date Available Gas Well Revenue $425,000.00 May 8,2009 The Sponsor, has caused this to be duly executed in its name, this 5 day of 20 09_ The City of Denton, Texas iz- Title: IVc "/, o K-4—z.f 15 of 29 ATTACHMENT C PART V ASSURANCES Airport Sponsors (3-2005) A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project Airport Project Participation Agreement (hereinafter referred to as "APPA") by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. I. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terns, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: I. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et sea.' C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seg. d. Hatch Act— 5 U.S.C. 1501, et sea? e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sec .12 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.' h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(o) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea. P. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 42 U.S.C. 4151, et sea.' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.' t. Copeland Anti kickback Act - 18 U.S.C. 874.1 U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.' V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.Z 16 of 29 Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity' Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' It. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local govemments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.l 2 M. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.I o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurernent) and government wide requirements for drug -free workplace (grants). P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.I Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States, Local Governments, and Non -Profit Organizations ' These laws do not apply to airport planning sponsors. These laws do not apply to private sponsors. ' 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. Good Title. 17 of 29 a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be tamed out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. IL Pavement Preventive Maintenance. With respect to a project approved after January I, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal 18 of 29 financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. 'Be Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of S2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. li shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsors employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. 19 of 29 h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- (1) fumish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. C. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. 20 of 29 g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. C. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 21 of 29 (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and rnaintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that — a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Govemment aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or tights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (I ) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which aright, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (I ) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (I ) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. 22 of 29 C. land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for othermodes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1 . Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 23 of 29 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 3/21 /2007 View the most current versions of these ACs and any associated changes at. http://www.faa.gov/airports airtraffic/airports/resources/advisory circulars/. NUMBER-, _ TITLE'; 70/7460-1 K* Obstruction Marking and Lighting 150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B Airport Master Plans 150/5070-7 The Airport System Planning Process 150/5200-28C Notices to Airmen (NOTAMS) for Airport Operators 150/5200-30A and Changes 1 through 8 Airport Winter Safety and Operations 150/5200-33A Hazardous Wildlife Attractants On or Near Airports 150/5210-56 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications 150/5210-13B Water Rescue Plans, Facilities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue & Firefighting Station Building Design 150/5210-18 Systems for Interactive Training of Airport Personnel 150/5210-19 Driver's Enhanced Vision System (DEVS) 150/5220-46 Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16C Automated Weather Observing Systems for Non -Federal Applications 150/5220-17A and Change 1 Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20 and Change 1 Airport Snow and Ice Control Equipment 150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 24 of 29 NUMBER. TITLE. _ ... 150/5220-22A Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5300-13 and Airport Design Changes 1 through 10 150/5300-14 and Design of Aircraft Deicing Facilities Changes 1 through 2 150/5300-16 General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17 General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey 150/5300-18 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320-56 Airport Drainage 150/5320-6D and Airport Pavement Design and Evaluation Changes 1 through 4 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport and Changes 1 Pavement Surfaces through 8 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-15 and Management of Airport Industrial Waste Change 1 150/5325-46 Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Pavement Strength PCN 150/5340-1 J Standards for Airport Markings 150/5340-513 and Segmented Circle Airport Marker System Change 1 150/5340-18D Standards for Airport Sign Systems 150/5340-30B Design and Installation Details for Airport Visual Aids 150/5345-3E Specification for L821 Panels for Control of Airport Lighting 150/5345-56 Circuit Selector Switch 150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10F Specification for Constant Current Regulators Regulator Monitors 150/5345-12E Specification for Airport and Heliport Beacon 150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 25 of 29 150/5345-26C Specification for L823 Plug and Receptacle, Cable Connectors 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28F Precision Approach Path Indicator (PAP[) Systems 150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers 150/534542F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345-44G Specification for Taxiway and Runway Signs 150/5345-45B Low -Impact Resistant (LIR) Structures 150/5345-46C Specification for Runway and Taxiway Light Fixtures 150/5345-47B Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49B Specification L854, Radio Control Equipment 150/5345-50A Specification for Portable Runway and Taxiway Lights 150/5345-51A Specification for Discharge -Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5345-53C Airport Lighting Equipment Certification Program 150/5345-54A and Change 1 Specification for L-1884 Power and Control Unit for Land and Hold Short 150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56 Specification for L-890 Airport Lighting Control and Monitoring System ALCMS 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12D Airport Signing and Graphics 150/5360-13 and Chan e 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2E Operational Safety on Airports During Construction 150/5370-10B Standards for Specifying Construction of Airports 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-26 Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases 26 of 29 THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY Dated: 3/21/2007 NUMBER TITLE* 150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 150/5100-17 and Changes 1 through 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5370-6B Construction Progress and Inspection Report —Airport Grant Program 150/5370-11A Use on Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-13A Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5380-7A Airport Pavement Management System 150/5380-8 Handbook for Identification of Alkali -Silica Reactivity in Airfield Pavements THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY Dated: 3/21/2007 NUMBER TITLE r 150/5000-12 Announcement of Availability —Passenger Facility Charge (PFC) Application (FAA Form 5500-1) 27 of 29 ATTACHMENT D CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS A. The grantee certifies that it will or will continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug -free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) �GDo Clc ww &0*975L ' Z07 Check y1'were are�workAaces on fill/that are not identified here. Typed Name and Title of Sponsor Representative Dated: G -/4 'U� 28 of 29 &-3 d "C6S ATTACHMENT E PAVEMENT MAINTENANCE MANAGEMENT PROGRAM An effective pavement maintenance management program is one that details the procedures to be followed to assure that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form of inspection program it deems appropriate. The program must, as a minimum, include the following: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of details: a. location of all runways, taxiways, and aprons b. dimensions c. type of pavement d. year of construction or most recent rehabilitation For compliance with the Airport Improvement Program assurances, pavements that have been constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted. 2. Inspection Schedule. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the frequency of inspections may be extended to three years. b. Drive -by Inspection. A drive -by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. 3. Record Keeping. Complete information on the findings of all detailed inspections and other maintenance performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed below. a. inspection date b. location c. distress types d. maintenance scheduled or performed For drive -by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended methods of repair are presented. 29 of 29 TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally Assisted Airport Development) TxDOT CSJ No.: 0918DNTON TxDOT Project No.: AP DENTON 12 TxDOT Contract No.: 9XXAV054 Commission Approval: February 26, 2009 NPE Funds Applied:FY06, FY07, FY08, FY09 C.F.D.A.:20.106 Amendment No. 01 to the Agreement Part I - Identification of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas Department of Transportation, hereinafter referred to as the "State," have entered into an Airport Project Participation Agreement TxDOT CSJ Number 0918DNTON, executed by the Sponsor on June 5, 2009, and by the State on June 11, 2009, for the development of the Denton Municipal Airport, hereinafter referred to as the "Airport". The project is described as construction services to: extend and mark Runway 17-35; extend parallel taxiway, medium intensity runway edge lights, medium intensity taxiway lights; expand run-up area; upgrade and relocate medium intensity approach lighting system with runway alignment indicator lights and precision approach path indicator-r Runway 17; replace visual approach slope indicator with precision approach path indicator-4; fencing and install three security gates; declared distance signs; relocate glide slope/localizer antenna and MOA with FAA at the Denton Municipal Airport. It is in the mutual interest of the Sponsor and the State to decrease the grant total and increase the local amount to include 100% funding for utility work. Part II - Offer of Financial Assistance, as changed by Amendment No. estimates total project costs to be $8,500,000; and financial assistance is currently limited to $8,075,000 in federal funds and $425,000 in local sponsor funds. The following amendment to the Airport Project Participation Agreement shall become Page 1 of 4 effective upon execution of this Amendment by the Sponsor and the State. The Airport Project Participation Agreement is amended as follows: 1. On Part II, Item No. 2 of the Agreement, change Amount A, estimated total construction costs, and any further references in the Agreement to Amount A, to $7,229,330.00. 2. On Part II, Item No. 2 of the Agreement, change Amount B, estimated construction costs eligible for federal financial assistance, and any further references in the Agreement to Amount B, to $6,840,918.00. 3. On Part II, Item 3 of the Agreement, change Amount C, the maximum obligation of the United States payable under this offer, and any further references in the Agreement to Amount C, to $6,498,872.00. 4. On Part II, Item 4 of the Agreement, change Amount D, Sponsor's share of the estimated construction costs, and any further references in the Agreement to Amount D, to $730,458.00 with $388,1412 being 100% funding.. All other terms and conditions of the agreement are unchanged and remain in full force and effect. This Amendment to the Airport Project Participation Agreement between the City of Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted. Executed this 2 Witness Signature day of %���- y , 20/ L> The City of Denton, Texas Sponsor Sponsor Signature Wi ness Title Sponsor Title Page 2 of 4 Execution by the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By: David S. Fulton, Director Aviation Division Texas Department of Transportation Date: l/ga� 0"1 45' i o2E)1 U Page 4 of 4 SUPPLEMENTAL AGREEMENT NO. 01 TO AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT CSJ No. 0918DNTON; CONTRACT NO. 9X2AV054 On June 2, 2010 a contract was entered into. by and between the City of Denton, hereinafter called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter called "Agent," and Jagoe-Public Company, 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 $5,944,010.50. In compliance of General Provisions, Section 40-04, Extra Work, it is deemed necessary to amend the contract documents to add work items as described below. WORK: It is hereby agreed between the parties hereto that the following item be added to the contract: Item Number Est. Qty Unit Item Unit Price Total Amount L-110 1185 LF Trench And Install 4" Sch. 40 conduit pipe $12.00 $14,220.00 JUSTIFICATION: During construction a utility line was discovered that needs to be relocated in order to proceed with the project. CONTRACT PRICE: The Contractor agrees to perform all the work described in the Contract Documents fora sum.not to exceed $5,958,230.50. 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. Pagel of 3 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 on the date first written above. CONTRACTOR By: 01 Date: O — I ) - ')- o Title: U Cc a !k j ej ':SQ ,2, P,-bL Cz (Name of Firm THE STATE OF TEXAS COUNTY OF JAGOE PUBLIC CO. P. O. Box 250 DENTON, TX 76202 (Address) (City, State, Zip Code) %qt,)- 39Z (Phone Number) Before me, the undersigned authority, on this day personally appeared , 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 I ( day of S , A.D. 20 I U. VA t/' .0'av o Pub ic, to e of Texas S ra 011 't " CRYSTAL BATTEN ZIPPER (Printed or typed me) NOTARY PUBLIC state of Texas (�' —- r Z o I L( Comm. Exp. 06-21-2014 My Commission expires Page 2 of 3 SURETY APPROVAL Federal Insurance Company (Firm. Name) By: (Attorney -In - Cynthia Watson Fowler (Printed or Typed Name) August 13th, 2010 Date ACCEPTANCE BY 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. 0 By: Date: S-ao / D Page 3 of 3 Chubb POWER Federal Insurance Company Attn. Surety Department QF Vigilant Insurance Company 15 Mountain View Road CF#LdItB1t3 Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know Ail by These Presents, That FOfIC3EMoITYcopPAN EAL 1NSUAANCE COMPANY, an Indiana corporation, VIGILAN r 1NSI3RANCE CQMPANY, a Naw Yark corporation and PIINNY, Wisconsin co rat on, doe h hereby constitut and appoint Lisa M. Bo�inot Don 1=. Cor�Cttristine13MISNplan, Jr.,Ricar oJ.keyna,Jerryose and Beverly M.yTrim fe of Dal as, Texas - -------•--------------•----•- each as their true and lawful Attorney- In -Fact to execute under such designatlon In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other wnflings obligatory In the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments emanding or altering the same, and consents tolhe modification or aftmdon of any Instrument referred 10In said bonds or obligations. In witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested These presents and affixed Ihefrcorporale seals on this 2 5th day of June, 2010. Dawn M. Ch pros, Assistant Secretary D rds, Jr., Vice Presto STATE OF NEW JERSEY County of Somerset ss. On this 2 5t11 dayof June, 2010 before me, a Notary Public of NewJarsey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of ARomay, and the said Dawn M. Chloros, being by me duly swum, did depots and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By taws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attomey Is In the genuine handwriting of David B. Norris, Jr., and was thereto subsoribed by authorityof said By- Laws and In deponenrs presence, Notarial Seal KATHERINE J. ADEI,AAR NOTARY PUBLIC 16 NEW JEkSFI '��j No• 2316ti85 IP 4 ►� ClNriMhWon E*lr*l July i h, 2014 otary PubIE Af�+#t CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY., "All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the following offcers. Chairmen, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by Iacsimile to any power of atlomey or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power to executed and certified by such facsimile signature and facsimile seal shalt be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.- 1, Dawn M, Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companiosl do hereby certify that (1) the foregoing extract of the By laws of the Companies is true and correct, (11) the Companies are duty licensed and authorized to transact surety business In all 50 of the United Stales of America and the District of Columbia and are authorized by the U.S. Treasury Deparlmertt; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ill) the foregoing Power of Altomey Is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this August 13 th , 2010 V Sry� gW1Aq 9VDIAH�` •'h � 'y�W ypA'E' Dawn M, Chlores, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR 13Y Telephone: (908) 903- M3 Fax (9D8) 9D3- 36N e-mail; surety@ ubb.com Form 15.10- 0225B• U - (Ed. 5- 03) CONSENT Re: Bond No. 8219-12-38 SUPPLEMENTAL AGREEMENT NO. 02 TO AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT CSJ No. 091.8DNTON; CONTRACT NO. 9X2AV054 On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more fully described in the Contract Documents. Supplemental No. 1 was executed for additional work, on August 20, 2010. The contractor agreed to perform all the work described in the Contract Documents for a sum not to exceed $5,958,230.50. In compliance of General Provisions, Sections 40-02, Alteration of Work and Quantities, and 40-04, Extra Work, it is deemed necessary to amend the contract documents to adjust quantities and add work, items WORK: It is hereby agreed between the parties hereto that items be modified and added to the contract as described in Attachment A, attached hereto and made a part of this Agreement, in the total amount of $64,243.58. JUSTIFICATION: The items specified in this Supplemental Agreement are being modified to meet current FAA specifications. CONTRACT PRICE: The Contractor agrees to perform all the work described in the Contract Documents for a sum not to exceed $6,022,474.08. 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. Page 1 of 3 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 on the date first written above. CONTRACTOR /� r ��tcoe- By: 4��9, 1�;' Date: 12 - Z c1 -- t � Title: V i �< r.�o�e►J� (Name of Firm) THE STATE OF TEXAS COUNTY OF bp j+()n _ e © - 9-IZ) "�,2Sa (Address) &A h , Texas 7 L 2-a (City, State, Zip Code) 9(e�o — S-s g.- (Phone Number) Before me, the undersigned authority, on this day personally appeared R, I � C" k ,,];•., 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 29 day of NeC . , A.D. 20j O . ....... ota `Public, S —t-a—Wo—f-f e x a s CRYSTAL BATTEN ZIPPER NOTARY PUBLIC l —7 I aLII Q State of TexasS' C mm. Exp. 06-21-2014 (Printed or typed name) My Commission expires Page 2 of 3 SURETY APPROVAL Federal Insurance Company (Firm Name) By: L Z (Attorney -In -Fact) Connie Jean Kregel (Printed or Typed Name) January 3, 2011 Date ACCEPTANCE BY THE STATE Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission. By: 6. Date: / — G — // Page 3 of 3 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 CHIJBB Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Connie Jean Kregel and Jeffrey Todd McIntosh of Richardson, Texas---------------------------------------------------------------------- each as their true and lawful Attorney- In- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 7th day of July, 2010. Kenneth C. Wendel, Assis ant Secretary ;Davi orris, �Pres STATE OF NEW JERSEY ss. County of Somerset On this 7th day of July, 2010 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals Thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney Is In the genuine handwriting of David S. Norris, Jr., and was thereto subscribed by authorityof said By - Laws and in deponents presence. Notarial Seat AAR KRY PUBLIC J. F E WJE ,�� NOTARY PUBLIC OF NEW JEkSPI Nc.2316685 %��,G Commission Expires July 16, 2014 Notary Public (Laws �yy,�Q°�X CERTIFICATION Extract from the By- o RAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is true and correct, (11) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rica and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (III) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this January 3, 2011 �,ouNF N �r ~EW Yoe' Kenneth-C.-Wendel, sistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 1 e-mail: surety@chubb.com Form 15-10- 022513- U (Ed. 5- 03) CONSENT 12120/10 JAG®E-PUBLIC CO. Hot Mix Asphalt Production, Sales & Road Construction - r • ...Since 1923... 3020 Ft. Worth Dr. P.O. Box 250 Denton, TX 76202 Main # (940) 382-2581 Fax # (940) 382-9732 DENTON AIRPORT CHANGE ORDER #2 Runway/Taxiway Extension and RSA Grading TxDOT CSJ No. 0918DNTON ADJUST SUPPLEMENTAL C/O #2 QTYS (PAPI QUANTITY ADJUSTMENT) 5.02 L-110-5.5.1 494 LF TRENCH, BACKFILL, AND COMPACT 6" WIDE TRENCH $ 3.10 $ 1,531.40 5.03 L-110-5.2.2 1,174 LF INSTALL 2" SCH 40 PCV CONDUIT IN TRENCH $ 1.60 $ 1,878.40 5.04 L-108-5.4.1 2,024 LF INSTALL #6 AWG BARE CU GUARD WIRE IN TRENCH $ 1.30 $ 2,631.20 5.06 L-108-5.3.4 4,128 LF INSTALL #8 AWG TYPE C, 5KV CABLE IN DUCT $ 1.00 $ 4,128.00 PAPI ADJUSTMENTS BASED ON CHANGE IN QUANTITIES $ 10,169.00 PAPI ADD ITEMS 1.00 L-108 12 1 EA PULL BOXES $ 800.00 $ 9.600.00 2.00 L-110 1 220 1 LF 4" RIGID HDPE CONDUIT BORED UNDER EXIST PVMT (ITEM 4.16) $ 37.00 $ 8,140.00 PAPI ADJUSTMENTS BASED ON ADDED QUANTITIES $ 17,740.00 (MALSR QUANTITY ADJUSTMENT) 4.06 ALS-6 -1 EA FURNISHAND INSTALL NEW MG-20 LIRSUPPORTS WITH FAA SUPPLIED PAR-56 FLASHER AND FLASHER CONTROL UNIT $ 10,500.00 $ (10,500.00) 4.13 ALS-11 -8 EA INSTALL NEW VENT/DRAIN FOR UNDERGROUND CONDUIT SYSTEM $ 400.00 $ (3,200.00) 4.17 L-110-5.5.1 -1,547 LF TRENCH, BACKFILL, AND COMPACT 6" WIDE TRENCH $ 3.00 $ (4,641.00) 4.18 L-110-5.5.2 707 LF TRENCH, BACKFILL, AND COMPACT 10" WIDE TRENCH $ 4.00 $ 2,828.00 4.20 L-110-5.2.2 2,061 LF INSTALL 2" SCH 40 PCV CONDUIT IN TRENCH $ 1.65 $ 3,400.65 4.22 L-108-5.3.8 -840 LF INSTALL #1/0 AWG BARE CU GUARD WIRE IN TRENCH $ 3.10 $ (2,604.00) 4.23 L-108-5.3.8 -1,260 LF INSTALL #110 AWG, 600V, THWN CABLE IN DUCT $ 3.10 $ (3,906.00) 4.24 L-108-5.3.7 1,268 LF INSTALL #2 AWG, 600V, THWN CABLE IN DUCT $ 3.00 $ 3,804.00 4.25 L-108-5.3.6 394 LF INSTALL #4 AWG, 600V, THWN CABLE IN DUCT $ 2.10 $ 827.40 4.26 L-108-5.3.5 1,006 LF INSTALL 46 AWG, 600V, THWN CABLE IN DUCT $ 1.90 $ 1,911.40 4.27 L-108-5.3.4 -1,418 LF INSTALL #8 AWG, 600V, THWN CABLE IN DUCT $ 1.60 $ (2,268.80) 4.28 L-108-5.3.3 -2,166 LF I NSTALL #10 AWG, 600V, THWN CABLE IN DUCT $ 1A0 $ (2,382.60) 4.29 L-108-5.3.2 2,668 LF INSTALL#12 AWG, 600V, THWN CABLE IN DUCT $ 1.00 $ 2,668.00 4.30 L-108-5.3.2 -506 LF INSTALL 12 PAIR, #19 GA.,INDIVIDUALLY SHIELDED, GEL FILLED REA, UNDERGROUND TELEPHONE CABLE IN DUCT $ 4.20 $ (2,125.20) TOTAL MALSR ADJUSTMENTS BASED ON CHANGE IN QUANTITIES $ (16,188.15) MALSR ADD ITEMS 1.00 L-108 5,972 LF #2/DAWG,600V,THWN CABLE IN DUCT $ 4.40 $ 26,276.80 1.01 L-108 400 LF TRENCH, BACKFILL & COMPACT 12" WIDE X 24" DEEP $ 4.00 $ 1,600.00 1.02 MALSR -45 EA PAR-38120V WATT SYLVANIA SPOT LAMPS $ - $ - 1.03 MALSR 18 EA 2" FRANGIBLE COUPLINGS $ 42.00 $ 756.00 1.04 MALSR 18 EA VEGA BASE PLAT SK-1020-12 $ 160.00 $ 2,880.00 1.05 MALSR 1 EA INSTALL JAQUITH FLASHER BRKT & JCT BOX A-1-5017 ON STA 1400 $ 1,582.40 $ 1,582.40 1.06 L-110 1,493 LF 3" SCH 40 PVC CONDUIT $ 3.50 $ 5,225.50 1.07 L-110 40 LF 1.5" PVC COATED GALVANIZED RIGID STEEL CONDUIT $ 17.10 $ 684.00 1.08 PLANS 1 EA GROUND ACCESS WELL $ 325.00 $ 325.00 1.08 PLANS 15 EA 3/4'',10FT CU CLAD GRND ROD INST & EXOTHERMICALLY BONDED $ 86.00 $ 1,290.00 1.10 MALSR -18 EA 180 WAT, 27.3 VOLT TRANSFORMERS $ - $ - 2 EA 24" X 36" PULL BOX W/ STEEL COVER (NOT LISTED) $ 2,415.00 $ 4,830.00 MALSR ADJUSTMENTS BASED ON ADDED QUANTITIES 1 $ 45,449.70 MATERIALS PURCHASED BY EAS CONSTRACTING & UNRETURNABLE- DELIVER TO OWNER - 4.06 ALS-6 1 EA DELIVER TO THE OWNER MG-20 LIR SUPPORT MATERIAL AS ORIGINALLY PURCHASED FOR STA.2400 SINCE IT IS NOT RETURNABLE $3,937.29 $ 3,937.29 4.30 L-108-5.3.2 506 LF DELIVER TO OWNER 506 LF OFABOVE UNRETURNABLE CABLE $1.06 $ 536.36 1.02 MALSR 45 EA DELIVER TO OWNER 45 EA PAR 38 120V 120 W SYLVANIA SPOT LAMPS AS THEY ARE NOT RETURNABLE $0.00 $ - 1.10 1 MALSR 18 1 EA IARE DELIVER TO OWNER 18 EA 180 WATT, 27.3 VOLT TRANSFORMERS AS THEY NOT RETURNABLE $144.41 $ 2,599.38 TOTAL COST OF MATERIALS PURCHASED BY EAS & UNRETURNABLE -DELIVER TO OWNER $ 7,073.03 TOTAL AMOUNT CHANGE ORDER #2 1 $ 64,243.58 TEXAS DEPARTMENT OF TRANSPORTATION AIRPORT PROJECT PARTICIPATION AGREEMENT (Federally and State Assisted Airport Development) TxDOT CSJ No.: 0918DNTON TxDOT Project No.: AP DENTON 12 TxDOT Contract No.: 9XXAV054 Commission Approval: February 26, 2009 NPE Funds Applied: FY06, FY07, FY08, FY09 DUNS: 071380190 C.F.D.A.:20.106 Amendment No. 03 to the Agreement Part I - Identification of the Project TO: The City of Denton, Texas FROM: The State of Texas, acting through the Texas Department of Transportation The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas Department of Transportation, hereinafter referred to as the "State," have entered into an Airport Project Participation Agreement TxDOT CSJ Number 0918DNTON, executed by the Sponsor on June 5, 2009, and by the State on June 11, 2009, for the development of the Denton Municipal Airport, hereinafter referred to as the "Airport". The project is described construction services to : extend and mark Runway 17-35; extend parallel taxiway, medium intensity runway edge lights, medium intensity taxiway lights; expand run-up area; upgrade and relocate medium intensity approach lighting system with runway alignment indicator lights and precision approach path indicator-R Runway 17; replace visual approach slope indicator with precision approach path indicator-4; fencing and install three security gates; declared distance signs; relocate glide slope/localizer antenna and MOA with FAA at the Denton Municipal Airport. It is in the mutual interest of the Sponsor and the State to include state financial assistance. Part II - Offer of Financial Assistance, as changed by Amendment No. 02, estimates total project costs to be $7,229,330; and financial assistance is currently limited to $6,498,872 in federal funds and $730,458 in local sponsor funds. Page 1 of 3 The following amendment to the Airport Project Participation Agreement shall become effective upon execution of this Amendment by the Sponsor and the State. The Airport Project Participation Agreement is amended as follows: 1. Replace Part II, Item No. 2 of the Agreement with: It is further estimated that approximately $6,840,918 (Amount B) of the project costs will be eligible for federal and state financial assistance, and that federal and state financial assistance will be for ninety-five percent (95%) of the eligible project costs. Final determination of federal and state eligibility of total project costs will be determined by the Stat in accordance with federal and state guidelines following completion of project. 2. On Part 11, Item 3 of the Agreement, change Amount C, the maximum obligation of the United States and State Treasury payable under this offer, and any further references in the Agreement to Amount C, to $6,498,872 . All other terms and conditions of the agreement are unchanged and remain in full force and effect. This Amendment to the Airport Project Participation Agreement between the City of Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted. rJun Executed this 1 day of e- , 20_LL. The City of Denton, Texas Sponsor VV Witness Signature Sponsor Signature T) W' ness Title Sponsor Title Page 2of3 Execution by the State Executed by and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs and grants heretofore approved and authorized by the Texas Transportation Commission. STATE OF TEXAS TEXAS DEPARTMENT OF TRANSPORTATION By. _ '4� Au�' ltari Campbell, DireUor of Grants Aviation Division Texas Department of Transportation Date: --�b�[ Page 3 of 3 SUPPLEMENTAL AGREEMENT NO. 05 TO AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT CSJ No. 0918DNTON; CONTRACT NO. 9X2AV054 On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more fully described in the Contract Documents. Supplemental Agreements 1, 2, 3, and 4 were executed for additional work. The contractor agreed to perform all the work described in the Contract Documents for a sum not to exceed $6,083,824.93. In compliance of General Provisions, Sections 40-04, Extra Work, it is deemed necessary to amend the contract documents to add the work item listed below WORK: It is hereby agreed between the parties hereto that the following item be added to the contract: Item Quantity Unit Description unit cost total cost 1.19 6272 TON Bonus payment 106% for P-401 $22 955.52 $22,955,52 TOTAL CHANGE $22,955.52 JUSTIFICATION: Contractor achieved 106% pay for the P-401 Asphaltic Concrete placed at the Denton Municipal Airport. CONTRACT PRICE: The Contractor agrees to perform all the work described in the Contract Documents for a sum not to exceed $6,106,780.45. 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. Page 1 of 3 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 on the date first written above. CONTRACTOR ;7A- 6 of, - FU Be-/C_ Cor• y0A Aj y By:D. (Address) Date: ✓, � / /l' Title: 11-•riL - •� ts�' ab•✓ Y (Name of Firm) THE STATE OF TEXAS COUNTY OF �€.✓7'0r✓, rtie,+s 767,aU (City, State, Zip Code) l'-/v'• 38Z- ZSif/ (Phone Number) Before me, the undersigned authority, on this day personally appeared & J 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 --�— day of A.D. 2011. .`PpY a. � CRYSTAL BATTEN ZIPPER NotaryPubli f = ' ° • NOTARY PUBLIC c, Sta of Tex .y'• f�}j state M Texas Comm. Exp. 06-21-2014 �i 0,4 j (Printed or typed name) (121/213iq m My I onussion expires Page 2 of 3 Re: Bond No. 8219-12-38 SURETY APPROVAL Federal Insurance Company (Firm Name) By: �-"UU (Attomey-In- Connie Jean Kregel (Printed or Typed Name) July 14, 2011 Date ACCEPTANCE BY THE STATE Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission. By: 74: Date: �7— 1's / / David S. Fulton, Director Aviation Division Texas Department of Transportation Page 3 of 3 X1Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 tCH1JR0 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bert Guiberteau Jr. of Baton Rouge, Louisiana; Stephen L. Cory Melanie Stern and Pamela K. Tucker of Metairie, Louisiana; Connie lean Kregel and Jeffrey Todd McIntosh of Richardson, Texas -------- each as their true and lawful Attorney- In- Fact to execute under such designation in thelr names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of March, 2011. Kenneth C. Wende , Assi n S c'm ry David . orris, Jr„ Vice Presi STATE OF NEW JERSEY ss. County of Somerset On this 16th day of March, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, beingby me duly swum, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney Is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal KATHERINE J. ADELAAR at# - Notary NOTARY PUBLIC OF NEW JFR5P1 �mmleion )dtpiraa July I�S, 20I4 Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY -COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, )olntly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the Following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which if is attached," I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing extract of the fay- Laws of the Companies is true and correct, (11) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (III) the foregoing power of Attorney is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 14th day of July, 2011 `-1 Nip k �$ d- 'x'stANP' � 'tirW YpSrt' Kenneth C. W del, Assistant Secretary IN THE EVENT YOU WiSH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT SUPPLEMENTAL AGREEMENT NO. 06 TO AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT CSJ No. 0918DNTON; CONTRACT NO. 9X2AV054 On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more fully described in the Contract Documents. Supplemental Agreements 1, 2, 3, 4, and 5 were executed for additional work. The contractor agreed to perform all the work described in the Contract Documents for a sum not to exceed $6,106,780.45. In compliance of General Provisions, Section 40-02, Alteration of Work and Quantities, and Section 40-04, Extra Work, it is deemed necessary to amend the contract documents to add the work items listed below WORK: It is hereby agreed between the parties hereto that the following items be added to the contract: ITEM DESCRIPTION QTY UNIT UNIT TOTAL COST COST 1.25 1 P-620- White Markings (Reflective) 6,835 SF $0.24 $1,640.40 5.1 1.26 P-620- Yellow Markings (Reflective) 4,527 SF $0.28 $1,267.56 5.2 1.40 S-1-3.2 Remobilization 1 LS $8,525.00 $8,525.00 1.47 S-19-4.1 Pavement Marking Obliteration 1 LS 3,007.40 $3,007.40 2.15 LOC-4 New power service rack for new 1 LS 4,314.90 $4,314.90 underground electrical line A1.0 P-605- Joust Sealing Filler 900 GAL 31.00 $27,900.00 1 5.1 A1.0 P-631- Refined coal tar emulsion with additives, 45682 SY 1.10 $50,250.20 2 7.1 slurry seal surface treatment TOTAL CHANGE $96,905.46 JUSTIFICATION: Additional work items 1.25 — 1.47 and A1.01 — A1.02 are required for rehabilitation of existing Page 1 of 4 taxiway. Item 2.15 is to complete the electrical connection for the Localizer from the Denton Municipal Electric line source. CONTRACT PRICE: The Contractor agrees to perform all the work described in the Contract Documents for a sum not to exceed $6,203,685.91. 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. CONTRACT TIME The contract time will be increased by 10 calendar days; contract time with all approved change orders and supplemental agreements will be 150 calendar days. 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 on the date first written above. CONTRACTORjr<�7 By: (Address) Date: D 7 /Q— a -a// ..✓�.✓� Tx • 716 %r Q 7-- Title: (Name of Firm) Page 2 of 4 (City, State, Zip Code) 38a- Zre/ (Phone Number) THE STATE OF TEXAS Bond No. 8219-12-38 COUNTY OF DLriTa-✓ Before me, the undersigned authority, on this day personally appeared,67Y/ek'e,d�2; r- , 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 -a day of A.D. 2011. CRYSTAL BATTEN ZIPPER * ? * NOTAFiy PUBUC ejCO(r11P1, T@xas p. 06-21-2014 f P- �, - �' 2 of Public, "drofexas (Prin d or typed e) My Commission expires SURETY APPROVAL Federal Insurance Company (Firm Name) By:� j leg (Attorney-In-F Connie Jean Kregel (Printed or Typed Name) July 26, 2011 Date Page 3 of 4 ACCEPTANCE BY 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: Page 4 of 4 Chubb POWER Federal Insurance company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 off-ru�a Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a Now York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bert Guiberteau Jr, of Baton Rouger Louisiana; Stephen L. Cory Melanie Stern and Pamela K. Tucker of Metairie, Louisiana; Connie Jean Kregel and Jeffrey Todd McIntosh of Richardson, Texas -------- each as their true and lawful Attorney- in- Fact to execute under such designation In their names and 10 affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of March, 2011. 4.,,r,th C, ►Mende, AssWnf S cre ry Davi . orris, Jr., Vice Preslamw STATE OF NEW JERSEY ss. County of Somerset On this 16th day of March, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David S. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authotity of said By - Laws and in deponent's presence. Notarial Seal KATHERINE J. ADELAAR NOTARY PUBLIC OF NEW JERSO Nam, 5 G% � Nt� OTARY �� mmisaion Expires pirer: July 14. 20I4 �e'ae eL Notary Public y�uI� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY'COMPANY: "All powers of attorney for and an behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, 3olnily with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foltowfng officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached:" I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companleo do hereby certify that (i) the foregoing extract of the fay- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (I'll) the foregoing Power of Attorney Is true, oomect and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 2 6th day of July, 2011 _.P o F w Kenneth C. W del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAiM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, ON BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT SUPPLEMENTAL AGREEMENT NO.07 TO AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT CSJ No. 0918DNTON; CONTRACT NO. 9X2AV054 On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more fully described in the Contract Documents. Supplemental Agreements 1, 2, 3, 4, 5, and 6 were executed for additional work. The contractor agreed to perform all the work described in the Contract Documents for a sum not to exceed $6,203,685.91. In compliance of General Provisions, Section 40-02, Alteration of Work and Quantities, and Section 40-04, Extra Work, it is deemed necessary to amend the contract documents to adjust quantities and to add work items as listed in Attachment A, attached hereto and made a part of this Agreement. JUSTIFICATION: Items S7.1— S7.3 are added for the MALSR as requested by the FAA. The remaining items are adjustment of quantities used during construction. CONTRACT PRICE: The Contractor agrees to perform all the work described in the Contract Documents for a sum not to exceed $6,417,553.12. 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. CONTRACT TIME The contract time will be increased by 5 calendar days; contract time with all approved change orders and supplemental agreements will be 155 calendar days. It is further agreed, that no other provisions of the contract, plans, specifications or special provisions shall be changed by this agreement. Page I of') 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 on the date first written above. CONTRACTOR By: Date: 8-30-11 \r � r 1 Title: V �� tl �i alb (Name of Firm) THE STATE OF TEXAS COUNTY OFbgn4-Drt T 5-0 (Address) Z)f-^17-6n/, 7-9 7!0 -:L G 2— (City, State, Zip Code) q40 - 3fa - T'S8'/ (Phone Number) Before me, the undersigned authority, on this day personally appeared , known to me to be the Contractor named in this contract, and is the person ose 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 ?'"•°�4-. HILDA SALAZAR i • ° Nolary Public, State of Texas My Commission EXP.12.11.2011 f day of A.D. 2011. Noe o e Pu c, Stafigof Texas (Printed or typed name) 0 // 1 /;24) � I My Commission expires Page 2 of 3 Re: Bond #8219-12-38 SURETY APPROVAL Federal Insurance Company (Firm Name) BY: () (Attorney-In-F Connie Jean Kregel (Printed or Typed Name) t 31. 2011 Date ACCEPTANCE BY THE STATE Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission. By: r Date: David S. Fulton, Director Aviation Division Texas Depr ,,i rient of TransportaflOn Page 3 of 3 POWER Federal Insurance Company Attn: Surety Department Chubb OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 clNu�a Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bert Guiberteau Jr, of Baton Rouge, Louisiana; Stephen L. Cory Melanie Stern and Pamela K. Tucker of Metairie, Louisiana; Connie lean Kregel and Jeffrey Todd McIntosh of Richardson, Texas -------- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of March, 2011. ennet C. Wends , Assi n S cre ry David . orris, Jr„ Vice Presi STATE OF NEW JERSEY ss. County of Somerset On this 16th day of March, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attomey as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David e. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto Subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal KATHERINE J. ADELAAR N NOTARY PUBLIC OF NEW MRSM Nr.2316685 e 2% � ��TARY � romrnission Expires July 14, 2014 Notary Public y+°I/BLiC `'dEp9� CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY -'COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, arty Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which if is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the Foregoing extract of the By- Laws of the Companies Is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (III) the foregoing Power of Attorney is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 31 St day of August, 2011 �g,►31r Nm keF Kenneth C. W del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@ohubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT ATTACHMENT A -- SUPPLEMENTAL 7 ]DENTON MUNICIPAL AIROPRT 0918DNTON Denton Airport Runway/Taxiway Extension & Pavement Rehabilitation Project Budget Summary - Item UnfPor Bid Final Over/Under ' Bid • a Total •�S No. I escrlptlon .'; i - Meas. quantity quantity Run Price; - i •_ BASEBID BEd Schedule N6'- Runway/Taxiway Exteoslon + • ' _ . _ j13 1.02 Clearing and Grubbing ACRE 72 85 $3,000.00 $39,000.00 1.05 Unclassified Excavation CY 75,000 $1328 5328 $1.70 $9,057.60 1.07 Borrow Excavation CY 40,750 46550 5800 $1.70 $9,860.00 1.09 Embankment In Place CY 161,150 192278 11128 $3.35 $37,278.80 1.12 8" Lime Stabilized Subgrade SY 30,460 30874 414 $1.95 $807.30 1.13 • Hydrated Lime for Lime Stabilized Subgrade (8%) TON 825 887.07 62.07 $128.00 $7,944.96 1.14 Filter Fabric Fence LF 10,000 16870 6970 $1.70 $11,679.00 1.19 Bituminous Surface Course(4') TON 6,045 6,272 227 $61.00 $13,847.00 1.21) Bituminous level Up Course IT) TON 200 0 (200) $79.00 ($1SA00.00) 1.21 Bituminous Prime Coat GAL 6,975 7,275 300 $2.70 $810.00 1.22 Bituminous Tack Coat GAL 4,025 3,600 (425) $2.70 ($I,147.50) 1.28 6'Chain-Unk Security Fence with Foundation LF 23,065 22,807 (258) $29.50 ($5,031.00) 1.29 24'Manual Security Gale EA 6 9 3 $2,250.00 $6,750.00 1.30 36" Dla. ASTM C76 Class III RCP LF 200 320 120 $70.00 $8,40D.00 231 4:1 Safety End Treatment for 36" RCP EA 1 1.34 0.34 $1,SS0,00 $619.75 133 Hydromulch, Seed, Lime, & Fertilizer ACRE 1114 65 (39) $865.00 ($33,735.00) 1.38 Furnish and install Closed Roadway Barricades FA 2 0 (2) $400.00 ($800.00) 1.42 Proof Rolling HRS 60 40 (20) $100.015 ($2,000.00) 1.43 Cold Milling Asphalt Pavement SY 1,135 1,385 250 $1.25 $312.50 1.44 Remove and Replace Unsuitable Subgrade with Foundation Material CY 7S0 D (750) $40.01f ($30,000.00) 1.45 B'Game Fencewith Foundation LF 3,710 2,920 (890) $19.00 ($16,910,00) 1.46 Taxiway Centerline RetroreRective Markers (Green) EA 22 124 102 $11.00 $1,122.00 1.49 Automatk5ecurfty Slide Gate FA 2 2.94921875 1 $25,60D,00 $24,300.00 ' Subtotal old Schedule 1 Over/Under Run: $66,365.42 Bid ScheduleNo:�z:-LowBzerReloc3lloe , 2.01 Lime Stabilized Subgrade for Localher Road and Turnaround SY 1,680 3469 1,789 $5.50 $9,839.50 2.04 Bituminous Surface Course for Locallzer Road and Turnaround, two TON 95 300.55 205.55 $65.00 $13,360.75 inches depth 2.06 Hydrated Lime for subgrade for Locaflzer Antenna Walkway TON 2 0 (2) $130.00 ($260.00) 2.09 Hydrated Ume for subgrade for Localizer Antenna Service Area TON 4 0 (4) $129.00 ($512.00) Subtotal Bid Schedule 2 Over/Under Run: $22,429.25 - old Schedule No';3- Glirleslope Relcca10n`•t •cK' l _ y ,3_ 3.06 Ume Stabilized Subgrade for Glide Slope Road and Turnaround SY 775 2,986 2,211 $2.35 $5,195.85 3.07 Hydrated Ume for subgrade for Glide Slope Road and Turnaround TON 16 18 2 $230.00 $260.00 3.08 Crushed Aggregate Base Course for Glide Slope Road and Turnaround, SY 756 2,899 2,143 $15.00 $32,145.00 six Inches depth 3.09 Bituminous Surface Course for Glide Slope Road and Turnaround, two TON 74 140 66 $95.00 $6,270.00 Inches deep Subtotal Bid Schedule 3 Over/Under Run; J $43,870.85 1of3 Item +' - •.' Unit of 0id Final 'OJer/Under Bid ,•'.. Total No. •i U'e' 6$tion - 'Mead. QuaAtltll, , Quantity ;pun Price. . .• •:,� � • Bid Schedule No%4e�MALS �51D 4A9 Trench, Backfill, and Compact 36" deep Primary Utility trench LF 700 1,210 $4.20 $7,142.00 4.21 Install3" SCH 40 PCV conduit in Trench LF 700 (700) $3.10 ($2,170.00) 4.22 Install NI/DAWG Bare Cu Guard Wire in Trench IF 3,945 3,480 (465) $3.10 ($1,441.50) 4.28 Install#10 AWG, 600V, THWN cable in duct LF 2,494 313 (2,171) $1.10 (52,388.10) 4.30 Install 12 Pair, a19 Ga., Individually Shielded, Gel filled REA, LF 1,718 1,293 1425) $4.20 ($1,785.00) underground telephone cable In duct Subtotal Bid Schedule 4 Over/Under Run: ($30,158.40) Bid Schedule No: S-Runway 18.36 PAPIs • ° ' + Subtotal Bld Schedule 50ver/Under Run: $0.00 • •Bid SdraduIa No.6.,Runwa end Taxiwa U htln and Sl a e . - '• ���"' Y y, g g gn,g,t- :.t +2 6.08 Replace existing red/green lens with New, L-861, red only lens on EA 8 10 $50.00 $100.00 existing MIRL Lighting Fixture 6.10 Trench, Backfill, and Compact 6" wide trench LF 3,475 5,035 1,560 $3.10 $4,836,00 6.11 Install 2" SCH 40 PCV conduit in Trench LF 3,475 5,235 1,760 $1.60 $2,826.00 6.12 Install g6 AWG Bare Cu Guard Wire in Trench LF 3,475 5,235 1,760 51.30 $2,288.00 6.13 Install #9 AWG Type C, SKV cable In duct LF 4,045 6,052 2,007 $1.00 $2,007.00 6.14 Install New Vent/Drain for underground conduit system FA 4 (4) $400.D0 ($1,600.00) 6.15 Install New amult Isolation Point In concrete encased L-8678 light base EA 4 1 (3) $500.00 ($1'500.001 6.16 Install New Pull Box In concrete encased L-867B light base EA 10 2 (8) $465.00 ($3,720.00) Subtotal Bid Schedule 6 Over/Under Run: $5,227.00 Bid Schedule No„7-Distance Remaining Slg`iis t •:f % ; e `' '� j y Subtotal Bid Schedule 7 Over/Under Run: $0.00 ADDRNE ALTERNATES' •. "•7' +,'�.' ; i Additive Alternate No. 1-Runway193651'UVy5ea1 - ,_ ."f; _• - %1, ` A1.01 JalntSealing Filler GAL 2,150 5,625 3,475 $22.00 $76,450.00 AddRlve Alternate No. 1: Over/Under Run $76,450.00 Addhlve Alteinaiteityo: 2-16'Walerlinb+: "aA r .4�• .•�. A2.03 Fumfsh and Install Fire Hydrant Assembly B 6" Gate Valve EA 1 2 1 $7,000.00 $7,000.00 Additive Alternate No. 2 Over/Under Run: $7,000.00 ' Supplemental Agreemedtl �, +,'S.- b•i-', . 51.] Trench and Install 4" Sch. 40 Conduit IF 1,185 1,210 25 $12.00 $3110.00 Supplemental Agreement 1 Over/Under Run: $300.00 2 of 3 Item - - - a .... - -�: .Unit br- Bid Final OJer/Under Bid ". ' Total . '..F, i No, Desaiptlon - '' Meas, Quantity Quantity 'Run Price:;,; - •^ �„ Supplemental Agreemenl2 •�;' - ;l, is s; w43 2.00 4" Rigid HDPE Conduit Bored Under Existing Pavement LF 220 263 $37.00'* $1,591,00 4.20 Install 2" SCH 40 PVC conduit in Trench LF 2,061 1,659 (4021 $1.65 ($663,30) 4.22 Install g1/0 AWG Bare Cu Guard Wire in Trench LF •840 700 1,540 $3.10 $4,774.00 4.24 Install H2 AWG, 60OV, THWN cable in duct LF 1,268 352 (916) $3.13D ($2,748.00) 4.25 Install 94 AWG, 60OV, THWN cable in duct LF 394 836 442 $2.10 $928.20 4.26 Install 96AWG, 600V,THWN cable in duct LF 1,006 1,689 5S3 $1.90 $1,297.70 4.28 Install 910 AWG, 6MV,THWN cable In duct LF .2,166 2,166 $1.20 $2,382.60 4.29 Install 912 AWG, 600V, THWN cable In duct LF 2,663 2,890 222 $1.00 $222.00 4.30 Install 12 Pair, #19 Ga., Individually Shielded, Get Riled REA, LF -506 506 $4,20 $2,125.20 underground telephone cable In duct 1.09 3/4", 10 FT CU Clad Ground Rod Installed and Exothermically Bonded EA 15 30 15 $86.00 $1,290.00 4.30 Deliver to Owner 506 LF of Above Unreturnable Cable LF 506 186 (320) $1.06 ($339.20) Supplemental Agreement 2 Over/Under Run: $35,376,00 ' Supplemental A'greement3 ' SA3.1 6' Cedar Wood Fence with• Foundation LF V53 1,272 19 $34.50 $65S.50 Supplemental Agreement 3 Over/Under Run: $655.50 Supplemental NeemeM 4' • . '..: �j�-. ^.y 4.20 Install 1.5" GRS Conduit in Trench (40 LF for Localaerand Glide Slope) LF (80) 0 80 $1.65 $132.00 4.20 Install 2"Sch 40 PVC Conduitin Trench(Glide Slope) LF (300) 0 300 $1.65 549S.00 Supplemental Agreement 4 Over/Under Run: $627,o0 'Supplemental Agreement S- Supplemental Agreement S Over/Under Run: $0.0D Supplemental Agienent6 A1.01 Joint Sealing Filler GAL goo 290 (610) $31.004 ($18,930.00) Supplemental Agreement 6 Over/Under Run: ($18,910.00) Unprocessed Supplemental SA7.1 1/2"Foam Cable LF 680 680 $2,72 $1,849.60 SA7.2 3kVA 480/120-240V XFMR EA 1 1 $256.00 $256.00 SA7.3 Watertight Right Angle Connectors for MG20 LIR Mast LS 1 1 $2,530.00 $2,530.00 Unprocessed Supplement Tolai $4,635.60 Total Over/Under Run $209,231.61 Unprocessed Supplement $4,635.60 ' ContractAmount $6,203,685.91 Adjusted Contract Amount $6,417,553.12 3of3 SUPPLEMENTAL AGREEMENT NO.08 TO AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT CSJ No. 0918DNTON; CONTRACT NO. 9X2AV054 On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more fully described in the Contract Documents. Supplemental Agreements 1 through 7 were executed for additional work. The contractor agreed to perform all the work described in the Contract Documents for a sum not to exceed $6,417,553.12. In compliance of General Provisions, Section 40-04, Extra Work, it is deemed necessary to amend the contract documents to add work items. WORK: It is hereby agreed between the parties hereto that the following items be added to the contract: ITEM DESCRIPTION QTY I UNIT UNIT COST TOTAL COST SA8.1 Duct Seal for all conduits in FAA punch List 1 LS $530.00 $530.00 SA8.2 remove excess material from glideslope & localizer 1 LS $185.00 $185.00 SA8.3 Imetal step for MALSR Bldg. I EA $630.00 $630.00 SA8.4 AWOS rack ligliting equipment 1 LS $1,165.00 $1 165.00 SA8.5 Flex Base ( 6" X 4' X 4) at 13 MALSR pull boxes 1 LS $3,750.00 $3,750.00 TOTAL CHANGE $6,260.00 JUSTIFICATION: Additional work needed as required by FAA to complete the project. CONTRACT PRICE: The Contractor agrees to perform all the work described in the Contract Documents for a sum not to exceed $6,423.813.12. 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. Page 1 of 3 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 on the date first written above. CONTRACTOR By: Date: // ^ 6 -11 Title: V,'4t-4� f-S%DEWT (Name of Firm) THE STATE OF TEXAS COUNTY OF D&_A) O Af (Address) (City, State, Zip Code) INC) -38Z-Z_S8/ (Phone Number) Before me, the undersigned authority, on this day personally appeared i3.Y� Gk{�'�� J% 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 9 day of Itlo ✓ 4,e_ , A.D. 2011. HILDA Notary Pub CL� Not Publi , , State o exas (A6— �A o 2tc� (Printed or typed name) My Commission expires Page 2 of 3 Re: Bond No: 8219-12-38 SURETY APPROVAL Federal Insurance Company (Firm Name) By: LM (Attorney-In-F Connie Jean Kregel (Printed or Typed Name) November 10, 2011 Date ACCEPTANCE BY 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: David S. Fulton, Director Aviation Division -texr� Denartri�ont of Transportation Page 3 of 3 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY CQNIPANY, a Wisconsin corporation, do each hereby constitute and appoint Bert Guiberteau Jr. of Baton Rouge, Louisiana; Stephen L. Cory Melanie Stern and Pamela K. `fucker of Metairie, Louisiana; Connie Jean Kregel and Jeffrey Todd McIntosh of Richardson, Texas ------ each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of March, 2011. 4.nhSa C. Wende, Assi n S cre ry Davl . orris, Jr., Vice Presoptt�'l STATE OF NEW JERSEY ss. County of Somerset On this 16th day of March, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seats affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney Is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal KATHERINfE J. ADELAAR N NOTARY PUBLIC Of NEW JFRS" Nr,. 5 NOG� %� la� TARY � Commission Expires pireta July 1 �i, 20i� ~'-a :0 Notary Public CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY°COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behall of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the `Companies') do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (if) the Companies are duly licensed and authorized to transact surety business in all 50 of the United Slates of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ill) the foregoing Power of Attorney Is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 10th day of NOvem]:)er, , 2011 a*�Rn " `�guw,veer s w 'x'DIAN�` rs , ♦�EWYt�.b Kenneth C. W del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 022513- U (Ed. 5- 03) CONSENT SUPPLEMENTAL AGREEMENT NO.09 TO AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT CSJ No. 0918DNTON; CONTRACT NO. 9X2AV054 On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more fully described in the Contract Documents. Supplemental Agreements 1 through 8 were executed for additional work. The contractor agreed to perform all the work described in the Contract Documents for a sum not to exceed $6,423,813.12. In compliance of General Provisions, Section 40-04, Extra Work, it is deemed necessary to amend the contract documents to add work items and increase project completion time. WORK: It is hereby agreed between the parties hereto that the following item be added to the contract: DESCRIPTION QTY UNIT UNIT TOTAL ITEM COST COST SA9.1 L-109 - Furnish and install old glide slope 1 LS $805.00 $805.00 disconnect switch TOTAL CHANGE $805.00 JUSTIFICATION: The equipment requested to be replaced by FAA because it is old and vulnerable to failure. CONTRACT TIME The contract time will be increased by 2 calendar days; contract time with all approved change orders and supplemental agreements will be 157 calendar days. CONTRACT PRICE: The Contractor agrees to perform all the work described in the Contract Documents for a sum not to exceed $6,424,618.12. 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. Page 1 of 3 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 on the date first written above. CONTRACTOR ' By: 0 1, '97 Date: /a - /a -it Title: V , Ld• (Name of Firm) THE STATE OF TEXAS COUNTY OF d7f-WT-0,✓ P.o.r�xzSa (Address) O t ovTo,,1 , 7 b Zo v— (City, State, Zip Code) 940 (Phone Number) Before me, the undersigned authority, on this day personally appeared e,'!l a e ee,, --k , 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 / Z day of 0ge, A.D. 2011. 7 Notaroubficxtte of T xas (Printed or typed name) '' " HILDA SALAZAR i � •� • � Notary Public, State of Texas My Commission Exp. 12-1t 2015 My Commission expires Page 2 of 3 Re: Bond #8219-12-38 SURETY APPROVAL Federal Insurance Company (Firm Name) Connie Jean Kregel (Printed or Typed Name) December 13, 2011 Date ACCEPTANCE BY THE STATE Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date: jV—A4�I , David S. Fulton, Director Aviation Division Texas Department of Transportation Page 3 of 3 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 c[-�ueea Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a Now York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bert Guiberteau Jr. of Baton Rou, Louisiana; Stephen L. Cory Melanie Stern and Pamela K. ge Tucker of Metairie, Louisiana; Connie Jean regel and Jeffrey Todd McIntosh of Richardson, Texas -- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and 10 affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of March, 2011. enrret C. INende, Assi&N-r?[Sircr67Srty David orris, Jr„ Vice Preso**�'/ STATE OF NEW JERSEY ss. County Of Somerset On this 16th day of March, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swum, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power Of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David S. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal KATHERINE J. ADELAAR N NOTARY PUBLIC OF NEW MRSO Nr, 5 KO16. � TARY � �mmi�arin EnrAires pirm: July 2Q1� 0-#a M PIJBIL Notary Public y "Ifl9 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY�COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the folfowtag officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." I, Kenneth C, Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the `Companies") do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business In all 60 of the United States of America and the District of Columbia and are authorized by the U.S, Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and ((ll) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 13 th day of December, 2011 �'" Ra� Nm �'1ffuMkeR 4 Kenneth C. W del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, ON BY Telephone (908) 903- 3493 Fax (908) 903- $656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT SUPPLEMENTAL AGREEMENT NO.10 TO AGREEMENT BETWEEN SPONSOR AND CONTRACTOR TxDOT CSJ No. 0918DNTON; CONTRACT NO.9X2AV054 On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter called "Agent," and Jagoe-Publid Company, Contractor, for airport improvements as is more fully described in the Contract Documents. Supplemental Agreements 1 through 9 were executed for additional work. The contractor agreed to perform all the work described in the Contract Documents for a stun not to exceed $6,424.619.12. In compliance of General Provisions, Sections 40-02, Alteration of Work and Quantities, and 40-04, Extra Work, it is deemed necessary to amend the contract documents to include adjustments to existing work items and add work. WORK: It is hereby agreed between the parties hereto that the following items be added and adjusted in the contract:— SF 30 $0.24 $7,314.4 SA10.01 White Markings (ReBedWe) 5F 219 6 1 $0.28 $614.88 SA40.02 Yellow Markings (Reflective) ACRE 1 $300.00 $300.00 SA10.03 Temporary Cool. Weather Seeding LF 227 2227 $310 $6,903.70 SA10.04 install vo AWG, 600V, THWN Cable in Duct LF $310 $6,903.70 SA10.05 Install #2 AWG, 600V, THWN Cable In Duct LF 1757 $210 $2,271.00 SA10:06 Install #4 AWG, 600V, THWN Cable in Duct LF 879 $4.20 $3,691.80 SA10.07 Install 12 Pau, #19 Ga., Individually Shielded, Gal Filled RE& Underground Telephone Cable in Dud $3,10 $2,151.40 SAID 08 #210 AWG, 600V, THWN Cable in Duct LF 694 694 $3.10 $2,15T.40 SA10.09 Trench, Backfill, and Compact 6" Wide Trench LF 400 $1.60 $640.00 SA10.10 Install 2" Sch 40 pVC Conduit in Trench LF LF 3111 $1 49 $0 SA10.11 Install #8 AWG Type.C, 5kV Cable in Duct tS 1 $3,665.00 $3,665.065.00 SA10.12 Revise Localiizer & Glide Slope Shelter Grounding EA SA10.13 Furnish & Install Fire Hydrant Assembly & 6 Gate Valve Subtotal $29,994.36 JUSTIFICATION: Existing items adjusted for overages for runway and taxiway paint, seeding, and wiring. A credit is due to deletion of fire hydrant not installed with the waterline. The gounding change to Localizer and Glide Slope shelters are requested by the FAA. CONTRACT PRICE: The Contractor agrees to perform all the work described in the Contract Documents for a sum not to exceed $6,454,612.48. 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 on the date first written above. CONTRACTOR "ot, - Y"— Date: �q.BiG��+�'1 /3! ZolZ Title: . �'i. ' (Name of Firm) (Address) �E,✓� o�✓, i ixas ?bLo z-- (City, State, Zip Code) gtLo- 3rz-7-" l (Phone Number) Re: Bond #8219-12-38 THE STATE OF TEXAS COUNTY OF 0fa✓r-or✓ Before me, the undersigned authority, on this day personally appeared hpwl C14'--e4 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 13 day of A6ocuA�Y , A.D. 2012. 'Q�' �e•ti CRYSTAL BATTEN ZIPPER NOTARY PUBLIC i * ' state of Texas Comm. Exp• O6'21.2014 Notary Pu U, State of Vexas 0 U J(6 \-1 (Print d or typed n ) My Commission expires SURETY APPROVAL Federal Insurance Company (Firm Name) IM Connie Jean Rregel (Printed or Typed Name) February 14, 2012 Date Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 fclr'�u�a Know All by These Presents, That (FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Bert Guiberteau Jr, of Baton Rouge, Louisiana; Stephen L. Cory Melanie Stern and Pamela K. Tucker of Metairie, Louisiana; Connie lean Xregel and Jeffrey Todd McIntosh of Richardson, Texas -------- each as their true and lawful Attorney- In- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of March, 2011. enneth C. Wende , Assi n S cre ry Davf . orrls, Jr„ Vice PreslOgne— STATE OF NEW JERSEY ss. County of Somerset On this 16th day of March, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David i3_ Norris. Jr., subscribed to said Power of Attorney Is In the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponent's presence. Notarial Seal KATHERINE J. ADELAAR N NOTARY PUBLIC OF NEW JERSO OTAR r Nam, 2316665 N Y14. � � Commission Expires July 201� Notary Public y �uaLl� ...... ER9 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY'COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. Tire signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shalt be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S, Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S, Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (III) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 14th day of February, 2012 D i� r�► alb,�C � ppL _33 a dirplAHa rs � '=eirr Yt� Kenneth C. W del, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER; PLEASE CONTACT US AT ADDRESS LISTED ABOVE, ON BY Telephone (908) 903- 3493 Fax (906) 903- 3656 e-mail* surety@chubb.com Form 15-10- 022513- U (Ed. 5- 03) CONSENT ACCEPTANCE BY THE STATE Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission. By: r Date: a David S. Fulton, Director Aviati®n Division Texas Deparimot of Transportation