HomeMy WebLinkAbout2001-463FILE REFERENCE FORM 2001-463
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Change Order with Contractor -Surmount Corp. attached
05/03/02
)R
Supplemental Agreement No. 02 w/Contractor, Surmount Corp. attached
07/01/02
)R
Supplemental Agreement No. 03 w/Contractor, Surmount Corp. attached
07/10/02
JR
Amendment No. 1 - Ordinance No. 2002-209
07/16/02
)R
Amendment No. 2 - Ordinance No. 2003-114
05/13/03
JR
Supplemental Agreement No. 01 w/Contractor, Rural Electric attached
06/23/03
) R
Supplemental Agreement No. 02 w/Contractor, Rural Electric attached
07/31/03
)R
Supplemental Agreement No. 03 w/Contractor, Rural Electric attached
09/29/03
)R
S:\grtpttumevtllgtliocrcnWl\iitlol A6po RP 17-55AW
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS
AT THE DENTON MUNICIPAL AIRPORT; 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 with the Texas Department of Transportation relating to construction services
to rehabilitate and mark Runway 17-35 and other improvements at the Denton Municipal
Airport, a copy of such contract being attached hereto and made a part hereof for all
purposes and referenced as TXDOT Contract No. 2XXAV028 (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 //0 day of Laatex') 2001.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTI�RS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT LtA6UTVCITY ATTORNEY
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Project No AP DENTON 2
TxDOT CSINo 0218DNTON
TxDOT Contract No 2XXAV028
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, and under V T C A Transportation Code, Title 3, Chapters 21-22, et seq (Vernon and
Vernon Supp)
The project is described as follows construction services to rehabilitate and mark Runway
17-35, reconstruct partial parallel taxiway, rehabilitate and mark parallel and stub taxiways to
Runway 17-35, rehabilitate and mark hangar access taxiways, install medium intensity taxiway
lights and edge reflectors, rehabilitate apron, reconstruct apron, construct helipad, upgrade
Runway signage, and install security fencing 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
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
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BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as
the United States share of the allowable costs incurred in accomplishing the project, ninety
percentum of all allowable project costs This grant is made on and subject to the following terms
and conditions
Part H - 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 $1,958,000 00
(Amount A) It is further estimated that approximately $1,958,000 00 (Amount B) of the
project costs will be eligible for federal financial assistance, and that federal financial
assistance will be for ninety percent (90%) of the eligible project costs Final
determination of federal eligibility of total project costs will be determined by the State in
accordance with federal guidelines following completion of project
The maximum obligation of the United States payable under this offer shall be
$1,762,200 00 (Amount C)
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement It is the intent of the
State to provide funding to complete the approved work items of this grant and not to
amend the scope of work to include items outside of the current determined needs of this
project Scope of work may be amended as necessary to fulfill the unforeseen needs of
this specific development project within the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds
4 It is estimated that the Sponsor's share of the total project costs will be $195,800 00
(Amount D) The Sponsor specifically agrees that it shall pay any project costs, which
exceed the sum of the federal share (Amount C)
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor wluch 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
It is mutually understood and agreed that if, during the life of the project, the State
determines that the grant amount exceeds the expected needs of the sponsor by $5,000 or
five (5%) percent, whichever is greater, the grant amount can be unilaterally reduced by
letter from the State advising of the budget change and a refund of the sponsor share of
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the reduction will be done Conversely, if there is an overrun in the eligible project costs,
the State may increase the grant to cover the amount of overrun not to exceed the
statutory fifteen (15%) percent limitation, and will advise the Sponsor by letter of the
increase Upon receipt of the aforementioned letter, the maximum obligation of the
United States is adjusted to the amount specified and the Sponsor will renut their share of
the increased grant amount
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission The State will not authorize expenditures in excess of the
dollar amounts identified in this Agreement and any amendments, without the consent of
the Sponsor
Payment of the United States share of the allowable project costs will be made in
accordance with the provisions of such regulations and procedures as the State and the
FAA shall prescribe Final determination of the United States share will be based upon the
final audit of the total amount of allowable project costs and settlement will be made for
any upward or downward adjustments to the Federal share of costs
6 Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
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 heretofore 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
made a part of this agreement, and
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b it will comply with the Attachment B, Certification of Project Fund, attached and
made a part of this Agreement, and
c it will comply with the Attachment C, Airport Assurances (9/99)(State Modified
9/99), attached and made a part of this Agreement, and
d it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant, and
e the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained to 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 gam direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport Further, Sponsor shall not allow aircraft direct
ground access to private property Sponsor shall be subject to 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
k the Sponsor shall subnut to the State annual statements of airport revenues and
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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 facdity(ttes)
Sponsor shall not be required to pledge income received from the mmeral estate to
airport use unless state and/or federal funds were used to acquire the mineral estate
of airport lands or any interests therein, and
in an Airport Fund shall be established by resolution, order or 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 the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunsse, and
o insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the 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
p it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project, and
q after reasonable notice, it will pernut 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
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this project, to enter private property for purposes necessary to this project, and
r all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the
Sponsor A reproducible copy of such plan, and all subsequent modifications, shall
be filed with the State for approval, and
s 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
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
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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 SPECIAL CONDITION Except for instrument landing systems acquired with AIP
funds and later donated to and accepted by the FAA, the Sponsor must provide for the
continuous operation and maintenance of any navigational aid funded under the AIP
during the useful life of the equipment The sponsor must check the facility, including
instrument landing systems, prior to commissioning to ensure it meets the operational
standards The Sponsor must also remove, relocate, or lower each obstruction on the
approach or provide for the adequate lighting or marking of the obstruction if any
aeronautical study conducted under FAR Part 77 determines that to be acceptable, and
mark and light the runway, as appropriate The Federal Aviation Administration will not
take over the ownership, operation, or maintenance of any sponsor -acquired equipment,
except for instrument landing systems
10 SPECIAL CONDITION For a project to replace or reconstruct pavement at the
airport, the Sponsor shall implement an effective airport pavement maintenance
management program as is required by Airport Sponsor Assurance Number 11 The
sponsor shall use such program for the useful life of any pavement constructed,
reconstructed, or repaired with Federal financial assistance at the airport As a mimmum,
the program must conform to the provisions in Attachment E "Pavement Maintenance
Management Program", attached and made a part of this agreement
11 SPECIAL CONDITION For a project to construct hangar access to privately owned
hangar facilities, the sponsor shall require that at the end of the hangar lease period, not to
exceed 40 years in total, the hangar(s) shall revert to the sponsor
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
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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
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,
receive, review, approve and process Sponsor's reimbursement requests for
approved project costs, and
pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
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 luruted
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,
admimster Disadvantage Business Enterprises (DBE) and/or Idistoncally
Underutilized Business (HUB) Programs in accordance with federal and state
regulations
Contract Management Agent.
g exercise such supervision and direction of the project work as the State reasonably
finds appropriate Where there is an irreconcilable conflict or difference of
opimon, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or matenalman, the State shall issue a written order, which
shall prevail and be controlling,
h coordinate and review project plans, specifications and construction, coordinate
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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
1 The State and Sponsor shall obtain an audit as required by federal or state regulations
2 The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project The
power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement
3 The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors Such items include, but are not limited to, bid bonds, payment bonds, and
performance bonds Pursuit and enforcement of contract items may require litigation and
other remedies of law
4 The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons, which may anse from, or be incidental to, compliance with
this grant agreement
5 This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party Furthermore,
the State shall not be a party to any other contract or commitment, which the Sponsor
may enter into or assume, or have entered into or have assumed, in regard to the above
project
6 If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part The notice of suspension
shall contain the following
a The reasons for the suspension and the corrective action necessary to lift the
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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 termnation 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 faded, the State finds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of the
following remedies (1) require a refund of any money expended pursuant to the
Agreement, (2) deny 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 ansing
under the terns 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 be denied
or delayed
9 This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties
10 All commitments by the 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
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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
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 7 � day of (/ 12001
Wness Signature
City Secretary Acting City Manager
Witness Title Title
Certificate of Sponsor's Attorney
I, !" D , acting as attorney for rim I, --
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 -_ 0��tif/�V , Texas, this 0 day of,. 4 MALL12001
Witness Signature
LgAal
,-Witness Title
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Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
activating, and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By
David S Fulton, Director
Aviation Division
Texas Department of Transportation
Date / -.— z/J 4-�
12 of 25
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
(Sponsor)
Title Director of Managment & Budget
Date &§ V6
13 of 25
ATTACHMENT B
CERTIFICATION OF PROJECT FUNDS
TxDOT Contract No 2XXAV028
TxDOT CSJ No 0218DNTON
The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as
identified in the Airport Project Participation Agreement for said project will be available in
accordance with the schedule shown below
SPONSOR FUNDS
Source Amount Date Available
State Treasury $195,800 immediately
The Sponsor, has caused this to be duly executed in its name, this Aay of y
, 2001
The City of Denton Texas
(Sponsor)
By
Title Dir. Management & Budget
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ATTACHMENT C PART V ASSURANCES
Airport Sponsors
A. General.
These assurances shall be complied with in the performance of grant agreements for airport development, import planning, and
noise compatibility program grants for airport sponsors
These assurances are required to be submitted as part of the project Airport Project Participation Agreement (hereinafter
referred ton "APPA') by sponsors requesting funds under the provisions of Title 49 U S C , subtitle VII as amended Mused
herem, 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 pubhco-uee airport, and the term "sponsor' includes both public agency sponsors and private
sponsors
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
Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor The terms
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 many 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 ofthe Civil Rights assurance shall be specified in the assurances
Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor The preceding paragraph 1
also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the
facilities developed or equipment acquired under an auport development or noise compatibility program project shall be no less
than tin (10) years from the date of acceptance of Federal aid for the project.
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
General Federal Requirements it will comply with all applicable Federal laws, regulations executive orders policies,
guidelines, and requirements as they relate to the project, 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), at sea'
c Federal Fair Labor Standards Act 29 U S C 201 et seq
d Hatch Act-SUSC 1501,ctseq'
e Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 US C 4601, et sea "
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 Amencans Grave Repatriation Act 25 U S C Section 3001, et sec
m Clean An Act, P L 90 148, as amended
i Coastal Zone Management Act, P L 93 205, as amended
k Flood Disaster Protection Act of 1973 Section 102(a) 42 U S C 4012a.'
1 Title 49 ,U S C, Section 303 (formerly known as Section 4(f))
in Rehabilitation Act of 1973 29 U S C 794
n. Civil Rights Act of 1964 Title VI 42 U S C 2000d through d-4
o Age Discrimination Act of 1975 42 U S C 6101, ct se
p American Indian Religious Freedom Act, P L 95 341, as amended
q Architectural Barriers Act of 1968 42 U S C 4151, et sec'
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 Amduckback Act 18 U S C 874 '
u National Environmental Policy Act of 1969 42 U S C 4321, et sec'
v Wild and Scemc Rivers Act, P L 90-542, as amended
w Single Audit Act of 1984 31 U S C 7501 et sec'
x Drug Free Workplace Act of 1988 41 U S C 702 through 706
Executive Orden
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 Constmction'
Executive Order 12898
Environmental Justice
15 of 25
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 plannm&
d 29 CFR Part 1 Procedures for predetermination of wage rates'
e 29 CFR Part3 Contractors and subcontractors on public budding or public work financed in whole or part by
loans or grants from the Untied States'
f 29 CFR Part 5 Labor standards provisions applicable to contracts covering federally financed and mined
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 misted contracting requirements)'
h 49 CFR Part lg Uniform admuwtralwe requirements for grants and cooperative agreements to state and local
governments'
r 49 CFR Part 20 New restrictions on lobbying
1 49 CFR Part 21 - Nondiscrimination in federally assisted programs of the Department of Transportation
effectuation of Title VI ofthe Civil Rights Act of 1964
k 49 CFR Part 23 Participation by Disadvantage Business Enter" in Airport Concessions
1 49 CFR Part 24 Uniform relocation assistance and real property acquisition for Federal and federally assisted
Programs 12
M. 49 CFR Pad 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs
n. 49 CFR Part27 Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting
from Federal
financial mulimm
0 49 CFR Part 29 — Government wide debarment and suspension (non procurement) and government wide
requirements for dmg &ee workplace (grants)
p 49 CFR Part 30 Denial of public works contracts to suppliers of goods end 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 budding construction'
Office of Management and Budget Circulars
a. A 87 Cost Principles Applicable to Grants and Contracts with State and Local Governments
b A 133 Audits of States, Local Governments, and Non Profit Organizations
(I) Those Iowa do not apply to import planning sponsors
(2) These laws do not apply to private sponsors
(3) 49 CFR Pad 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 gent 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 u an official act of the
applicant's governing body authorizing the filing of the APPA, including all understandings and assurances
contained thereat, and directing and authorizing the person identified ee the official representative of the applicant to
act in connection with the APPA and to provide such additional information as may be required
b Private Sponsor It has legal authority to apply for the grant and to fmance 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 wntmg direct and authorize that person to file tins APPA, including all understandings
and assurances contained therem, to act in connection with this APPA, and to provide such additional mfornalron
as may be required
Sponsor Fund AvallabWty It has sufficient funds available for that portion of the project costs which are not to be paid by
the United States It as sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control
Good Title
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 carved 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
Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any ofthe tights and powers necessary to
perform any or all of the terms, conditions, and assurances in the gram agreement without the wntten approval of
the Secretary, and will act promptly to acquire extinguish or modify any outstanding nghts or claims of right of
16 of 25
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 Ato this APPA 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 assurance 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 timalim ng
or disposing of the sponaols interest, and make binding upon the transferee all of the terms conditions, and
assurance contained in this grant agreement.
o For all noise compatibility program projects which are to be cared out by another unit of local government or are
an properly 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 assurance 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 temp of the agreement.
d For noise compatibility program projects to be tamed 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 noncomphance with the terms of
the agreement
e Ifthe sponsor in a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a pubho-use airport in accordance with these assurance for the duration of than 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 tartan,
conditions and t asuranoa in the grant agreement and shall mum that such arrangement also requires compliance
therewith
6. Consistency with Local Plans The project is reasonably consistent with plans (existing at the time of submiawn of Bus
APPA) of public agencies that are anthorixed 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 feu 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 w 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 w has been eared 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 suport location, a major runway extension, or runway location it
will provide for the Governor ofthe 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 APPA has been received by the Secretary
II pavement Preventive Maintenance. With raped to a project approved after January 1 1995, for the replacement or
reconstruction of pavement at the airport, it assures or caddies 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 financial asinslena at the airport It will provide such reports on pavement condition and
pavement management programs a the Secretary deteruna 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 ofthe project grant request, all the safety equipment required for certification of such
airport under section 44706 ofTrtle 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 aw earner 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 reciptent 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 evadable to the Secretary and the Comptroller General of the United States or any of thew duly
autho umd representatives, for the purpose of audit and examination, any books documents papers, and records of
17 of 25
the recipient that are pertmenl to the grant. The Secretary may require that an appropriate audit be conducted by a
recipient In any case in winch 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 ofthe fiscal year for which the audit was made
14. MLdmum Wage Rates It shall include, mall contracts in excess of $2,000 for work on my projects funded under the grant
agreement which involve labor, provisions establishing mrmmum rates ofwages to be predetemuned by the Secretary of
Labor, in accordance with the Davis Bacon Act, ea amended (40 U S C 276a 276a S) winch contractors shall pay to skilled
and unskilled labor, and such trummum rates shall be stated in the invitation for bids and shall be included in proposals or bids
for the work
is Veteran's Preference It shall include in all contracts for work on my project funded under the grant agreement winch
involve labor, such provis ow ar are necessary to insure than, in the employment of labor (except in executive administrative,
and supervisory positions), preference shall be given to Veterans of the Vietrain 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 Speclflealions. 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 Comatruction Irispectlon and Approval. It will provide and maintam 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. It shall subject the construction work on my project contained in an approved project APPA 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
is Planning Projects In carrying out planning projects
a It will execute the project in accordance with the approved program mumuve contained in the project APPA or with
the modifications similarly approved
b It will furnish the Secretary with such periodic reports ar required pertaining to the planning project and planmuig
workactivities
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
it 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 my other country
a It will give the Secretary unrestricted authority to publish, disclose, distribute and otherwise use my of the material
prepared in connection with this grant
f It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their
subcontractors to do all or my pan 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 my part of the
project
h It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of my
planning material developed as pan of this grant does not constitute or imply my assurance or commitment on the
part of the Secretary to approve my pending or future request for a Federal import grant
19 Operation and Maintenance
a The airport and all facilities winch 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 mmumum standards es may be required or prescribed by applicable Federal, state and local
agencies for maintenance and operation It will not cause or peanut my activity or action thereon which would
interface with its use for import purposes It will suitably operate and maintain the airport and all facillum thereon
or connected therewith, with due regard to climatic and flood conditions Any proposal to temporarily close the
airport for nonmeronsuucal 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 notifymg ammim of my condition affecting aeronautical use of the import
Nothing contained harem. shall be construed to require that the airport be operated for aeronautical use during
temporary pmods whim mow 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 my
structure or facility which is substantially damaged or destroyed due to an act of God or other condition or
cucumstanoe beyond the control of the sponsor
It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal
funds have been expended
18 of 25
20 Hazard Removal and Mitigation It will take appropriate action to assure that such terminal auspace as is required to protect
instrument and visual operations to the airport (including established nummum flight altitudes) will be adequately cleared and
protected by removing, lowering, relocatmg, marking, or lighting or otherwise mitigating exsting import hazards and by
preventing the establishment or creation of future import hazards
21 Compatible Land Use It will take appropriate action, to the extent reasonable including the adoption of zoning lawn to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal
import operations including lending 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 Nondlscrinditation.
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 many aeronautical activity for furnishing services to the
public at the airport, the sponsor will umd and enforce provisions requiring the contractor to-
(1) furnish said services on a reasonable, and not unjustly discriminatory, bests 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 purchaeen
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 am carver using such airport shall have the right to service itself or to use any fixed based operator that is
authorized or permitted by the import to serve any am tamer at such airport
e Each am tamer using such airport (whether as a tenant, nontenarn , or subtenant of another am carer tenant) shall
be subject to such nondiscriminatory and substantially comparable rules regulahom 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 am camera which make similar use of such airport and utilize similar facilities subject to
reasonable classifications each sit tenants or nontenants and signatory tamers and nomignatory camera
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an am
tamer assumes obligations substantially similar to those already unposed on air camera 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
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 fumushing 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
aiport 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 aeronsutical use of the import if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public
23 Exclmlve Rights It will permit no exclusive right for the use of the auport by any person providing, or mlending 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 constmed as an exclusive right if both of the following apply
M. It would be unreasonably costly, burdensome, or unpractical 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, Banal photography, crop dustmg, most advertising and surveying, au tamer 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 then direct relationship to the
operation of summit min 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 well maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as selfaustauung 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, import
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 Amway Development Act of 1970 shall be included in the
rate bests in establishing fees, rates, and charges for users of that airport
A 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
19 of 25
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 fmancm& 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, than this lunation 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
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 Stales Code and any other applicable provision of law, including any
regulation promulgated by the Secretary or Administrator
Any civil penalties or other sanctions will be unposed for violation of this assurance in accordance with the
provisions of Section 47107 of Title 49 United States Code
26. Reports and Impections. 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 auport and all airport records and documents affecting the apron,
including deeds lasses, 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 terns, 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
it 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
(Q all amounts paid by the airport to any other unit of government and the purposes for which each such
payment was made, and
(u) 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 Goverment 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 maintaining 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
thet-
a Five (S) 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 Government aircraft is 300 or more or
the gross accumulative weight of Government aircraft using the airport (the total movement of Government aucraft
multiplied by gross weights of such aircraft) is in excess of five million pounds
2& Land for Federal Facilities It will furnish without cost to the Federal Government for use in connection with any au traffic
control or an navigation activities or weather reporting and communication activities related to air traffic control, tiny areas of
land or water, or estate therem, or rights 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 now 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 Plum.
a It will keep up to date at all times an airport layout plan of the import showing (1) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all offute 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 auroon facilities, and (3) the location of all existing and proposed
nonavuv ion mew and of all existing unprovements thereon Such airport layout plans and each amendment,
revision, or modification thereof, shall be subject to the approval ofthe Secretary which approval shall be evidenced
by the signature of a duly authonzed 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 auport or any of its facilities which are not in
conformity with the airport layout plan es approved by the Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, utility or efficiency of the auport.
b If a change or alteration in the auport 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 to not
in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by
the Secretary (1) elunmate such adverse effect in a manner approved by the Secretary; or (2) bear all costa 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 auport or its facilities
20 of 25
30 Civil Rights. It will comply with such rules ar are promulgated to assure that no person shall, on the grounds of race, creed,
color national origin, sax, age, or handicap be excluded from participating many activity conducted with or benefiting from
funds received from this grant This assurance obligates the sponsor for the period during which Federal financial assutanoe 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 muchim or improvements thereon in which case the assurance obligates the spinner 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
pmod during which the sponsor rate= ownership or possession of the property
31 Disposal of Land
a. For land purchased under a grant for import noise compatibility purposes it will dispose of the land, whenthe land
u no longer needed for such purposes, at fain market value at the earliest practicable time That portion of the
proceeds of such disposition which is proportionate to the United States'shara 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
b (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will
when the land is no longer needed for import purposes, dispose of such land at far 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 ofthe proceeds of such disposition which is proportionate to the United States' share of the cost of
acquisition of such land will, (a) 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
(b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists
(2) lAnd shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for
aeronautical purposes (including runway protection zones) or sine as noise buffer land. and (b) 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
c Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right thcrem
necessaryto ensure that such land will only be used for purposes which are compatible with noise levels associated
with operation of the import
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 mvnemng, design, engineering,
surveying mapping or related services with respect to the project in the same manner sit a contract for architectural and
angmeenng services is negotiated under Title IX of the Federal Property and Admmistrativa 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 smite 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 constriction
34 Policies, Standards, and Specifications It will tarty out the project in accordance with policies, standards and specifications
approved by the Secretary including but not lunned to the advisory circulars listed in the Current FAA Advisory Circular for
Alp projects, dated 7/1/99 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 properly to the greatest extent practicable
under State law by the land acgmartion 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 persona in accordance with Subpart E of 49 CFR Pan 24
36 Access By Intercity Buses The airport owner or operator will pernut, to the maximum extent practicable intercity buses or
other modes of transportation to have access to the import, however, it has no obligation to fund special facilities for intercity
buses or for other modes of transportation
37 Disadvantaged Business Enterprises. The recipient shall not 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-amisted contracts The recipient's DBE program, air 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
Carty Out its approved program, the Department may unpose 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 1996 (31 U S C
3801)
21 of 25
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
The following apply to both AIP and PFC Projects
Updated on 7A/99
NUMBER
TITLE
17
Obstruction Marking and Lighting
1501500
30/5000 13
Announcement of Availability—RTCA Inc , Document RTCA 221 Guidance and
150/5100 14C
Recommended Requirements for Auport Surface Movement Sensors
150/5200 30A, CHO 1 & 2
Architectural Engineering, and Planning Consultant Services for Airport Grant Projects
Airport Winter Safety and Operations
150/5200 33
150/5210 5B
Hazardous Wildlife Attractants On or Near Airports
150/5210 7B
Painting, Marking and Lighting of Velucles Used on an Airport
150/5210 13A
Aircraft Fire and Rescue Communications
Water Rescue Pk
ens, Fa , and Equipment150/5210
150/5210 14A
15
Ai
Airport Fire and Rescue Personnel Protective Clothing
150/5210 18
Airport Rescue &Firefighting Station Building Design
150/5210 19
Systems for Interactive Trainingof Airport Personnel
150/52204B
Dover's Enhanced Vision System (DENS)
150/5220 10B
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220 13B
Guide Speci icauonfor Water/Foam Type AtrcreR Rescue and Firefighting Vehicles
150/5220 16B
Runway Surface Condition Sensor Specification Guide
150/5220 17A
Automated Weather Observing Systems for NonFederal Applications
150/5220 18
Design Standards for Aircraft Rescue Firefighting Training Facilities
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
150/5220 19
150/5220 20, CHO 1
Materials
Guide Specification for Small Dual Agent Aircraft Rescue and Firefighting Vehicles
150/5220 21A
Airport Snow and Ice Control Equipment
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
150/5300 13, CHO 1, 2 3, 4, 5
Impairments
Airport Design
150/5300 14
Design of Aircraft Deicing Facilities
150/5300 15
150/5320 5B
Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320.61)
Airport Drainage
Airport Pavement Design and Evaluation
150/5320 12C
150/5320-14
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-16
Airport Landscaping for Noise Control Purposes
150/5325.4A, CHO 1
Airport Pavement Design for the Boeing 777 Airplane
Runway Length Requirements for Airport Design
150/5340 10
150/53404C, CHO 1 & 2
Standards for Airport Markings
Instillation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340 5B, CHO 1
Segmented Circle Airport Marker System
150/5340-14B, CHO 1 & 2
Economy Approach Lighting Aids
150/5340 17B
150/5340 18C, CHO 1
Standby Power for Non FAA Airport Lighting Systems
130/5340 19
Standards for Airport Sign Systems
Taxiway Cniterlme Lighting System
150/5340 21
150/5340 23B
Airport Miscellaneous Lighting Visual Aids
150/5340 24, CHO 1
Supplemental Wind Cones
Runway and Taxiway Edge Lighting System
150/5340 27A
150/5345 3D
Air to -Ground Radio Control of Airport Lighting Systems
150/5345-5A
Specification for L821 Panels for Remote Control of Auport Lighting
150/5345 7D, CHO 1
150/5345 1013
Circuit Selector Switch
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-12C
Specification for Constant Current Regulators Regulator Monitors
150/5345 13A
Specification for Airport and Heliport Beacon
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
150/5345-26B, CHO 1 & 2
Circuits
Specification for L823 Plug and Receptacle Cable Connectors
150/5345 27C
150/5345-28D, CHO 1
Specification for Wind Cone Assemblies
Precision Approach Path Indicator (PAPI) Systems
150/5345 39B, CHO 1
150/334342C, CHO 1
FAA Specification L853, Runway and Taxiway Centerlme Retroreflective Markers
150/5345.43E
Specification for Airport Light Bases Transformer Housings Junction Boxes and Accessories
Specification for Obstruction Lighting Equipment
150/5345.44F, CHO 1
Specification for Taxiway and Runway Signs
150/5345.45A
Lightweight Approach Light Structure
150/534546A
150/5345.47A
Specification for Runway and Taxiway Light Fixtures
150/5345.49A
Isolation Transformers for Airport Lighting Systems
150/5345 50, CHO I
Specification L854, Radio Control Equipment
Specification for Portable Runway Lights
150/5345 51, CHO 1
150/5345.52
Specification for Discharge -Type Flasher Equipment
150/5345 53A, (including addendum)
Generic Visual Glideslope Indicators (GVGI)
Airport Lighting Equipment CeAification Program
150153609
150/5360-12A
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360 13, CHO 1
Airport Signing & Graphics
Planning and Design Guidance for Airport Terminal Facilities
150/5370 2C
Operational Safety on Airports During Construction
22 of 25
150/5370 6B
150/5370 10A CHO 1 2, 3, 4, 5.6 7,8 9
Construction Progress and Inspection Report ort G
Standards for Specifying Construction of Aupoirsant Program
150/5370 11, CH61
150530 12
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5390 2A
Quality Control of Construction for Airport Gant Projects
I50/5390 3
Heliport Design
Verttport Design
23 of 25
ATTACHIvMNT 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 prolubition
(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)
215 East McKinney
Denton, Denton County, Texas 76201
Check _ if a are workplace n e that are not identified here Ir
Signed�( .Yyia� Dated
and Title of Sponsor Representative
24 of 25
ATTACHMSNTE
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to assure that
Proper pavement maintenance, both preventative and repair, is performed An airport sponsor may use any form of
inspection program tit deems appropriate The program must, as a nummum, include the following
1 Pavement Inventory The following must be depicted man appropriate form and level of details
Location of all runways, taxiways, and aprons
Dimensions
Type of pavement
Year of construction or most recent rehabilitation
For compliance with the Airport Improvement program assurances, pavements that have been constructed,
reconstructed, or repaired with Federal financial assistance shall be so depicted
2 Inspection Schedule
a Detailed Inspection A detailed inspection must be performed at least once a year If a history of recorded
Pavement deterioration is available, 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 nummum of five years The types of distress, their locations, and
remedial action, scheduled or performed, must be documented The mmun information to be recorded is listed below
a inspection date
b location
c distress types
d maintenance scheduled or performed
For dnve-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
25 of 25
CHANGE ORDER
-----------------------------------------------------------------
-----------------------------------------------------------------
*(Number of original copies of the change order sent to TxDOT
should match the number of original contract documents executed.)
TxDOT CSJ NO.: 0218DNTON CHANGE ORDER NO. 1
DATE OF ISSUANCE: April 17, 2002
AIRPORT: Denton Municipal Airport
SPONSOR:
CONTRACTOR:
Address:
Citv of Denton
Sunmount Corpo
P. O. Box 800
Roanoke, Texas
ion
76262
The following changes are hereby made to the Contract Documents:
Contractor is
T Seal with T,
)e II material rather
Justification/Reason: Request of Sponsor
CHANGE IN CONTRACT PRICE:
Original Contract Price:
Previous Change Orders/Supplementals:
Contract Price prior to this Change Order:
Net (increase) of this Change Order:
New Contract Price with all approved
Change Orders:
Percent change from original contract:
--------------------------------------
--------------------------------------
CHANGE IN CONTRACT TIME:
$ 1,636,151.20
Original Contract Time: 150 calendar days
Net change from previous Change Orders: 0 calendar days
Contract Time prior to this Change Order: 0 calendar days
Net increase/decrease of this Change Order: 0 calendar days
Contract Time with all approved Change Orders: 150 calendar
days
Page 1 of 3
CONDITIONS OF APPROVAL:
The aforementioned change, and work affected thereby, is subject
to all contract stipulations and covenants.
Requested by:
Accepted by Contractor:
z Z49Z
-Signa
Accepted by Surety Company:
Signature
Title Date
Accepted by Texas Department of Transportation:
Signature
ALAN3 E�- SCH-M IbT
Project Manager
Aviation Division
Director, Project
Management
Page 2 of 3
" 4�
Dilte
S 3 o-Z
Da e
ATTACHMENT 1
TO
CHANGE ORDER NO. 1
Indicate below any new pay items or revisions to original contract pay
items resulting from this Change Order.
---------------------------------------------------------------------------
---------------------------------------------------------------------------
CONTRACT QUANTITY AND PRICE CHANGES:
Net
Bid
Original
Contract
Revised
Negotiated
Original
Revised
Increase
Item
Estimated
Unit
Estimated
Change Order
Estimated
Estimated
Decrease
No.
Unit
Quantity
Price
Quantity
Unit Price
Cost
Cost
In Cost
36
SY
152,037
1.50
228,055.50
1.61
16,724.07
66
SY
3,660
1.60
5,856.00
1.71
402.60
75
SY
3668
1.60
5,868.80
1.71
403.48
84
SY
2568
1.60
4,108.80
1.71
282.48
Total Increase
Page 3 of 3
$17,812.63
SUPPLEMENTAL AGREEMENT NO. 2
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No. 0218DNTON
A contract was executed on January 3, 2002, by and between the City of Denton, acting by and
through its agent, the Texas Department of Transportation, and Surmount Corporation,
Contractor, for airport improvement as is more fully described in Supplemental Agreement No. 1
(30' security gate) executed April 4, 2002 and Change Order No. 1 (replacing slurry seal with
Type II material) executed May 3, 2002 an in the Contract Documents; in accordance with the
provisions of the state statutes, and
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $1,658,863.83,
During the construction of the referenced project, it became necessary to modify the contract to
amend the contract to install a radio controller, repair electrical vault, install FAA photo
controller with coil, install cable markers and electrical troublshooting and repair of edge lights
and VASI's.
WHEREAS, 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.
THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO that the terms
of the contract be modified.
NEW ITEMS:
Item
Description
Qty.
Unit
Unit
Total
No
Cost
SA.1
Install L-854 Radio Controller
1
LS
$4,100.00
$4,100.00
SA.2
Replace roof sheet metal panels,
1
LS
$ 750.00
$ 750.00
flash seams where roof adjoins
building, straighten door
SA.3
Install FAA approved photo
1
LS
$700.00
$700.00
Controller with coil operated
contacts
SAA
2" PVC Conduit
30
LF
$1.65
$ 49.50
SA.5
Troubleshooting
16
HRS
$305.00
$4,880.00
Page 1 of 3
MODIFIED ITEMS:
Item Description
No
Item 110 Hand Holes
Item 114 Cable Markers
Item 115
Connector Kits
Item 116
Edge Lights
Item 49
Trench & Backfill
Item 50
5kv Cable
Item 52
Counterpoise Wire
Item 54
Connector Kit
Item 60
Hand Hole
Total Increase
Qty. Unit Unit
Cost
4 EA
$120.00
8 EA
$170.00
4 EA
$60.00
4 EA
$330.00
1,008 LF $2.00
2,287
LF
$.80
670
LF
$.60
16
EA
$60.00
4
EA
$120.00
Total
$480.00
$1,360.00
$240.00
$1,320.00
$2,016.00
$1,829.60
$402.00
$960.00
$480.00
$19,567.10
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. The CONTRACTOR agrees
to perform all the work described in the Contract Documents not to exceed the sum of
$1,678,430.93. �,�,yc ` / G?�
/" rS� 6.c✓9//�J�+., / aG s�.S c (/� �Ja a)cic/�✓ � o4i, Co"',.�/n�� lr�y-s, ,//z-
IT IS FURTHER AGREED, that no other provisions of the contract, plans, specifications or
special provisions shall be changed by this agreement.
Page 2 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
Name: X.
(Please Print)y=-
Title: S'ec"Ae /✓/ter �s�V�
(Name of Firm)
THE STATE OF TEXAS
COUNTY OF
(Physical Address)
7 yw 7d�2Y7
(City, State, Zip Code)
(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 aO day ot(� y,* A.D. 200a\
�Re,qY I- CI,.u---
L-R'
N tary Public, State of Texas
WE(�[4 I&. l tl-CA)
STATE OF TEXAS (Printed or typed name)
My Camm. Exp. D9-19-2002
My Commission expires Q' !9- Ooa
Page 3 of 3
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
_ n �
% /,,/ O�
Date
Page 4 of 3
SUPPLEMENTAL AGREEMENT NO. 03
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No. 0218DNTON
CONTRACT NO.: 2X2AV028
On January 31, 2002, a contract was entered into by and between the City of Denton, acting by
and through its agent, the Texas Department of Transportation, and Surmount Corp, Contractor,
for airport improvements as is more fully described in Supplemental Agreement No. 1 executed
April 4, 2002 to install two 30' security gates and in Change Order No. 1 executed May 3, 2002
to replace slurry seal with Type H material rather than Type I material and in Supplemental
Agreement No. 2 to amend the contract to install a radio controller, repair electrical vault, install
FAA photo controller with coil, install cable markers and electrical troubleshooting and repair of
edge lights and VASI's in the Contract Documents in accordance with the provisions of the state
statutes.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $1,678,430.93.
During the construction of the referenced project, it became necessary to modify the contract the
contract to strengthen the access road to the helipad.
In compliance of General Provisions, Section 40-04, Extra Work it is deemed necessary to
amend the contract documents.
IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO that to the following items in
the contract added to:
Item Description
No
SA.3 2" of Type D HMAC
TOTAL
Qty. Unit Unit Total
Cost
LS $1,750.00 $1,750.00
$1,750.00
The CONTRACTOR agrees to perform all the work described in the Contract Documents for a
sum not to exceed $1,680,180.93. 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.
Pagel 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:�T
Name: R. Allyn Brown
(Please Print)
Secretary/Treasurer
Title: Sunmount Corporation
(Name of Finn)
THE STATE OF TEXAS
COUNTY OF Denton
' 1 :• :11
(Address)
Roanoke, Texas 76262
(City, State, Zip Code)
940/648-2741
(Phone Number)
Before me, the undersigned authority, on this day personally appeared R. Al Iyn Brown ,
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 92thday of June , A.D. 20_0? .
1 PEGGY L. AVEN
NOTARY PUBLIC Notary Public, State of Texas
(�((:'
�» 1 STATE OF TEXAS
My Comm.Ex0 09-19-2002 Peggy L. Aven
(Printed or typed name)
My Commission expires 9/ 19/02
Page 1 of 3
SURETY APPROVAL
K & S Group, Frank Siddons Ins.
(Firm Name)
(Attorney -In -Fact)
Steven B. Siddons
(Printed or Typed Name)
June 28, 2002
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: -,-' D—
Page 1 of 3
7heStFhUl
POWER OF ATTORNEY
Power of Attorney No.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
21972
United Slates Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Certificate No. 561889
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do
hereby make, constitute and appoint
Robert C. Siddons, Robert C. Fricke, Bettye Ann Rogers, Linda Edwards, Douglas J. Wealty, Steven B. Siddons,
James F. Siddons, Holly Gravenor, Lome Scott and Tommy Nelson
Austin
Texas
of the City of , State , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings regifired or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this
28th day of
2000
Seaboard Surely Company � V -1United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurarice,Com an'y 0� Fidelity and Guaranty Insurance Company
St. Paul Guardian InsuranceLCoomppa y3 w c�� Fidelity and Guaranty Insurance Underwriters, Inc.
eg(t
St. Paul Mercury Insura��Comppoy,,w:aYIYQ
rtrtCC�v11�U'y �g� y792 1696 1977
:,58EL$ � 79IOHNF.PHINNEY, Vice Pesident
WMW 't �.11a�` � Y� I /`✓'"V'u �.! •At
Stale of Maryland
City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary
On this 28th day of July 1 2000 , before me, the undersigned officer, personally appeared John F. Phinney and
Thomas E. Huibreglse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof, 1 hereunto set my hand and official seal.
My Commission expires the 13th day of July, M01
446"-A - j^- fjtR&
REBECCA EASLEY-ONOKALA, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United Slates Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows: _
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) 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 any 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 foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, 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 validly attached; and
RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E. Huibmgtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto set my hand this ZiMh _ day of 66,1 e— , ".z .
r yM! Y ier�
2 7NNRr� al- XV_�nF:b
A �t.SE AL%e^
a 14W ✓A 1 '� S'.5.46
To verify the authenticity of this Power of Ann
the above -named individuals and the details of
Thomas E. Huibregtse, Assistant Secretary
^rk. Please refer to the Power of Attorney number,
SUPPLEMENTAL AGREEMENT NO.01
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No.0218DNTON; CONTRACT NO.2X3AV028
On April 22, 2003 a contract was entered into by and between the City of Denton, acting by and
through its agent, the Texas Department of Transportation, and Rural Electric, 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 $154,962.00.
During the construction of the referenced project, it became necessary to modify the contract to
upgrade runway lighting.
In compliance of General Provisions, Section 40-02, Alteration of Quantities, and 40-04, Extra
work, it is deemed necessary to amend the contract documents to add extra work not within the
general scope of the agreement.
It is hereby agreed between the parties hereto that to the items in the contract the following items
be modified/deleted:
Item
Est.
Unit
Item
Unit Price
Total
Number
Qty I
Amount
SS-G-300
2
EA
Furnish, Place and Remove Runway Closure
$1,000.00
$2,000.00
Markers
L-116A-
18
EA
L-861T Stake Mounted Taxiway Edge Light with
$205.00
$3,690.00
SW
L-830 Transformer
L-116A-
14
EA
L-861 Stake Mounted Runway Edge Light with L-
$220.00
$3,080.00
SW
830 Transformer
L-116A-
8
EA
L-861 Stake Mounted Runway Threshold Edge
$220.00
$1,760.00
SW
Light with Lr830 Transformer
SS-L-100
48
EA
Precast Concrete Handhole Add Alternate 3
$160.00
$7,680.00
L-116A-
6
EA
L-861T Stake Mounted Taxiway Edge Light with
$230.00
$1,380.00
SW
L-830 Transformer
L-116A-
36
EA
L-861 Stake Mounted Runway Edge Light with L-
$245.00
$8,820.00
SW
830 Transformer
SS-L-100
30
EA
Precast Concrete Handhole Base Bid
$160.00
$4,800.00
Total decrease $33,210.00
Page 1 of 4
It is hereby agreed between the parties hereto that to the items in the contract the following items
be added:
Item
Est.
Unit
Item
Unit
Total
Number
Qty
Price
Amount
Bid Item
18
EA
L-867 Base Mounted Taxiway Edge Light with L-
$413.85
$7,449.30
21
830 Transformer
Bid Item
14
EA
L-867 Base Mounted Runway Edge Light with L-
$413.85
$5,793.90
22
830 Transformer
Bid Item
8
EA
L-867 Base Mounted Threshold Edge Light with L-
$413.85
$3,310.80
23
830 Transformer
Add
6
EA
L-867 Base Mounted Taxiway Edge Light with 830
$413.85
$2,483.10
Alternate
Transformer
12
Add
36
EA
L-867 Base Mounted Runway Edge Light with 830
$413.85
$14,898.60
Alternate
Transformer
13
Total $33,935.70
See attached Specifications
It is hereby agreed between the parties hereto that the following item is added as an ineligible pay
item:
Item
Est.
Unit
Item
Unit
Total
Number
Qty
Price
Amount
Bid Item
18
EA
L-876 Light Base
$80.00
$1,440.00
24
The CONTRACTOR agrees to perform all the work described in the Contract Documents for a
sum not to exceed $157,127.70. 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 2 of 4
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:^?^
Name: ' �� LpQ ✓Cloy
(Please
Print)
Title: Z' V- X
(Name of Firm)
THE STATE OF TEXAS
COUNTY OF
C . /kQ i rL d
(Address)
&e dk 1 - �' 7-07
(City, State, Zip Code)
44U t
(Phone Number)
Before me, the undersigned authority, on this day personally appeared Judi yb,
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 -E day of, A. ID. 200-.,
Notky Public, State of Ias
ae ANN BIEBERDORF
Notary Public - Arizona�yy
Maticopo County
My Commission Expires (Printed or typed name)
nie • August 26, 2003
My Commission expires S- -07 s
Page 3 of 4
SURETY APPROVAL
Western Surety Company
(Firm Name) `jy�n /� � �,Q
By: (AL�LwL(/Yt ?i // (lib M4- —
(Attomey-In-Fact)
M. Christine McDonald
(Printed or Typed Name)
June 19, 2003
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:
Page 4 of 4
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know AM Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, confine and appoint
Thomas C Kossick, M Christine McDonald, Cindy K Walters, Individually
of Tempe, AZ, its true and lawful Attorney(s)-in-Pact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 27th day of March. 2003.
WESTERN SURETY COMPANY
Paul . Hmfla4 Senior Vice President
State of South Dakota
as
County of Minnehaha
On this 27th day of March, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires }\444444444444444444444\4} J�� ��
November 30, 2006 `/ NOTAHY PUBLIC(MI
�4444444�444444444\44444
AA
D. Krell, Nollry Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporationppprrjjpp on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this � day of UU 1 V aal�U
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
NOTES BY SYMBOL " O "
1. EXTEND EXISTING DUCT FROM DUCT BANK TO NEW HANDHOLE. EXTEND
NEW CABLE FROM HANDHOLE TO HANDHOLE.
2. SPLICE EXISTING CABLE TO NEW CABLE AT HANDHOLE.
3. NOT USED.
4. REMOVE EXISTING R/W EDGE LIGHT FIXTURE AND REPLACE WITH NEW
FIXTURE IN LOCATION INDICATED. TYPICAL FOR ALL R/W EDGE LIGHT
FIXTURES ON THIS SHEET. '
S. REMOVE EXISTING T/W EDGE LIGHT FIXTURE AND REPLACE WITH NEW
FIXTURE IN LOCATION INDICATED. TYPICAL OF 6.
EXISTING
EXISTING SIGN
Caftr■gurgless
CANTCR • BYR01E88, INC.
777 MAIN STREET
FORT WORTH, TX 76102
EXISTING SIGN
SIGN
72508
i11PARTIAL LIGHTING PLAN
SCALE NTS
DENTON MUNICIPAL AIRPORT
RUNWAY LIGHTING UPGRADE
05/13/03
VZO COPYRLONT 0 200S by CCotm 8 Wrg"% Lm
L-861 LIGHT
FIXTURE -
PREFABRICATED 4000 PSI
CONCRETE COLLAR —
STRANDED BARE COPPER
FINISHED GRADE
LkWIr
�L-867. ADJUSTABLE
BASE
_�GROUND LUG
L-824 I/C,
5mv,
STRANDED TYPE
C CABLE
I
1.75' MAXIMUM
PENETRATION C".)
CAftroBurgem
CARTM & WAIIInG, W-
777 MAIN STREET
FORT WORTH, TX 76102
�-��L-830 TRANSFORMER
(SIZE AS REQUIRED)
COMMON BRICK
(DO NOT BLOCK DRAIN)
1/2-0
PVC DRAIN PIPE
3/4' CLEAN GRAVEL
DENTON MUNICIPAL AIRPORT
RUNWAY LIGHTING UPGRADE
- 05/13/03 010539010 1
TLC COPYRNM 0 2M by Co"W & Bwgn% be
SUPPLEMENTAL AGREEMENT NO.02
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No.0218DNTON
CONTRACT NO.2X3AV028
On April 22, 2003 a contract was entered into by and between the City of Denton, acting by and
through its agent, the Texas Department of Transportation, and Rural Electric, Contractor, for
airport improvements as is more fully described in the Contract Documents. On June 23, 2003,
Supplemental No. 01 was executed to upgrade runway lighting.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $157,127.70.
During the construction of the referenced project, it became necessary to modify the contract to
change the frequency of the radio control unit to 119 MHz to allow the MIRL's to be controlled
by the personnel in the ATCT.
In compliance of General Provisions, 40-04, Extra work, it is deemed necessary to amend the
contract documents to add extra work not within the general scope of the agreement.
It is hereby agreed between the parties hereto that to the items in the contract the following items
be added:
Item
Est.
Unit
Item
Unit Price
Total
Number
Qty
Amount
SA2.1
1
LS
Change frequency of the radio control unit to 119
$450.00
$450.00
MHz
The Contractor agrees to perform all the work described in the Contract Documents for a sum not
to exceed $157,577.70. 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.
The contract time will be increased by 20 calendar days; contract time with all approved change
orders and supplemental agreements will be 90 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 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
By:
�( '5b2 F, vi A \
(Address)
Name: i)m 21�c�P�'� k---) - UGJ ZU
(Please Print) (City, State, Zip Code)
Title: L, EI ELV
(Name of Firm)
THE STATE OF 5 UtQ�, N
COUNTY OF \MAV-\C�'� R
4Kc� � SLo 14-6?�
(Phone Number)
Before me, the undersigned authority, on this day personally appeared 4tAJ1C ,t-C-16E41)4e-<
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 �i, A.D. 20 03 .
6", �j62.0 5-
Notary Public, State of" t,�, dk
&,0� ,U,2A I�yEZ5
(Printed or typed name)
My Commission expires 4-24 -O
BARl3ARA M S
Notary Public - Arizona
Page 2 of 3 My Oommission Expires
1 0 APFUL fA 2001
SURETY APPROVAL
Western Surety Company
(Firm Name)
By:,,-m . gylaks—'
(Attomey-In-Fact)
M. Christine McDonald
(Printed or Typed Name)
Date: 7/22/2003
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-.
Page 3 of 3
Date: -71Y/1--b� ---?
Western Surety Company
IZ11`:/pl.�l]OI71WYI]"111at%\WZI]I12YYION1►L1►yI111r.]Wivi [s)OW"1►"Zat l
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas C Kossick, M Christine McDonald, Cindy K Walters, Individually
of Tempe, AZ, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 27th day of March, 2003.
eTMe WESTERN SURETY COMPANY
�4 f$
Paul r.Bruflat, Senior Vice President
State of South Dakota l
ss
)I
County of Minnehaha
On this 27th day of March, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires �rrrrrrrrrrwwwwrwrrrrrrrw y
D. KRELL '+
November 30, 2006 ;NOTARY PUBLIC;
i EaL SOUTH DAKOTA SEAL i
lwwwrrrwrrrrrrrwrrwwrrrr4
D. Krell, NoTfiry Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this '99 nd day of
oe
s
WNSTER[/N�,y]/eSURETY
��
COMPANY
3„s
L. Nelson, Assistant Secretary
Form F4280-01-02
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
SUPPLEMENTAL AGREEMENT NO.03
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No. 0218DNTON; CONTRACT NO.2X3AV028
On April 22, 2003 a contract was entered into by and between the City of Denton, acting by and
through its agent, the Texas Department of Transportation, and Rural Electric, Contractor, for
airport improvements as is more fully described in the Contract Documents. On June 23, 2003,
Supplemental No. 01 was executed to upgrade runway lighting and on July 31, 2003
Supplemental Agreement No. 02 was executed to change the frequency of the radio control unit.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $157,577.70.
During the construction of the referenced project, it became necessary to modify the contract to
provide a uniform lighting system.
In compliance of General Provisions, 40-04, Extra work, it is deemed necessary to amend the
contract documents to add extra work not within the general scope of the agreement.
It is hereby agreed between the parties hereto that to the items in the contract the following items
be added:
Item
Number
Est.
Qty
Unit
Item
Unit Price
Total
Amount
SA3.1
18
EA
Install existing runway edge/threshold lights onto
new Lr867 bases
$202.37
$3,642.66
SA3.2
14
EA
Install Salvaged Pull Boxes
$128.86
$1,804.04
Total $5,446.70
The Contractor agrees to perform all the work described in the Contract Documents for a sum not
to exceed $163,024.40. This price shall be full compensation for all labor, materials, equipment
and incidentals necessary to complete the work as described in the plans and specifications.
It is further agreed, that no other provisions of the contract, plans, specifications or special
provisions shall be changed by this agreement.
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
=—Mlo
Name: J un tT u i t. t EPggtaF
(Please Print)
Titlel�L, I-:EuEc_ lC `Vtc-
(Name of Finn)
Ae zoNA
THE STATE OF T
COUNTY OF
(Address) mo�,,
N E&I . Off" 85w-g-
(City, State, Zip Code)
42o Qgla 14FK
(Phone Number)
Before me, the undersigned authority, on this day personally appeared �foArrH A 13i 6sste boec
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 4 day of S E "r A.D. 20 03 .
Notary Public, State of Texas Ae,zomA
8A.2&ie,a AyE2s
(Printed or typed name)
My Commission expires A&.-y, 200
Page 2 of 3
SURETY APPROVAL
Western Surety Company
(Firm Name)
By:A &I9 "A
"i
M. Christine McDonald
(Printed or Typed Name)
Date: 9/24/2003
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: 7 o�
Page 3 of 3
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas C Kossick, M Christine McDonald, Cindy K Walters, Individually
of Tempe, AZ, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 27th day of March, 2003.
ter. WESTERN SURETY COMPANY
e
�4Q�xvogq�°s�
'rrM omr Paul . Bmflat, Senior Vice President
State of South Dakota 1
ss
fCounty of Minnehaha
On this 27th day of March, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires j444444444444444444444444 `
ELL
r O H DAKO r
November 30, 2006 : Epp NOTABY PUBLIC SEAL a+,
i�SOUTH DAKOTA�iIla
�44444444444444444444444�
D. Krell, Nollry, Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse 1jQrmf is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 0.44h _ day of &e. iem ber am .
+r. V1 WESTERN SURETY COMPANY
W Qy.P49q o3D -
z
Dl
lI(� L. NLLelss�foolnn,,, Assistant Secretary
Form F4280-01-02
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.