HomeMy WebLinkAbout2000-184FILE REFERENCE FORM 2000-184
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FILE(S)
Date Initials
Supplemental Agreement No. 01 to Professional Engineering Services
Agreement attached
04/30/01
) R
Amendment No. 01 to the Agreement attached
06/08/01
) R
Supplemental Agreement No. 02 to Professional Engineering Services
Agreement attached
01/19/02
)R
Supplemental Agreement No. 03 to Professional Engineering Services
Agreement attached
05/24/02
JR
Supplemental Agreement No. 04 to Professional Engineering Services
Agreement attached
08/13/02
JR
Supplemental Agreement No. 06 to Professional Engineering Services
Agreement attached
03/07/03
JR
Supplemental Agreement No. 07 to Professional Engineering Services
Agreement attached
12/22/03
J R
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ORDINANCE NO. AWO-1b
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE ON BEHALF OF THE CITY OF
DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE DESIGN
AND 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 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 engineering/design services to
rehabilitate and mark Runway 17-35; reconstruct partial taxiway; rehabilitate and mark
parallel and stub taxiways to Runway 17-35; rehabilitate and mark hanger access
taxiways; install MITL and edge reflectors; rehabilitate apron; construct helipad; upgrade
Runway signage; and install security fencing; and related 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. OXXFA014.
SECTION 2. The City Manager or his designate is hereby authorized to execute
and the City of Denton agrees to comply with any assurances, conditions, or agreements
required to be executed to receive the funds provided under this agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the /0- day of 12000.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
n I 1
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, C, TY ATTORNEY
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Project No AP DENTON 1
TxDOT Contract No OXXFA014
TxDOT CS7 No 0018DNTON
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")
WITNESSETH
WHEREAS, the Sponsor desires to sponsor a
aviation facility, known or to be designated as the
Improvement Act of 1982, as repealed and recodified
47101 et seq , (hereinafter referred to as "Title 49
Procedures promulgated pursuant thereto, and under
Chapters 21-22, et seq (Vernon and Vernon Supp), and
project for the development of a public
Airport under the Airport and Airway
in Title 49 United States Code, Section
U S C "), and Rules, Regulations and
V T CA Transportation Code, Title 3,
WHEREAS, the project is described as follows engineenng/design services to rehabilitate
and mark Runway 17-35, reconstruct partial parallel taxiway, rehablitate and mark parallel and
stub taxiways to Runway 17-35, rehabilitate and mark hangar access taxiways, install MITL and
edge refiectors, rehabilitate apron, construct helipad, upgrade Runway signage, and install
security fencing at the Denton Municipal Airport, and
WHEREAS, the Sponsor hereby applies for federal financial assistance and desires the
State to act as the Sponsor's agent in matters connected with the project described above, and
WHEREAS, the parties hereto, by this Agreement, do hereby fix their respective
responsibilities, with reference to each other, with reference to the accomplishment of said project
and with reference to the United States
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of
Title 49 US C , and in consideration of (a) the Sponsor's adoption and ratification of the
Page I of 17
representations and assurances contained in said Airport Project Participation Agreement and its
acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United
States and the public from the accomplishment of the project and compliance with the assurances
and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION,
FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION
ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY
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 Tlus grant is made on
and subject to the following terms and conditions
Part H - Offer of Financial Assistance
1 The allowable costs of the project shall not include any costs deterrmned by the State to be
ineligible for consideration as to allowabdity under Title 49 US C , the V T CA
Transportation Code, Title 3, Chapters 21-22, et seq , (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex Loc Govt Code Ann Sections 241 001 et seq (Vernon and
Vernon Supp)
2 It is estimated that design project costs will be approximately $110,400 (Amount A) It is
further estimated that approximately $110,400 (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 determined
after the receipt of the State Block Grant for Fiscal Year 2000, and an amendment will be
made to this agreement to incorporate the maximum federal financial assistance
The estimated project cost for the construction phases of this project is $1,578,700
(Amount C) The construction phase will be started upon completion of design,
dependent upon availability of federal funds, and approval of the Texas Transportation
Commission A separate grant will be issued for the construction phase
In the event that federal funds are unavailable, this Agreement shall automatically be
voided and become of no force and effect, except that unexpended or unencumbered
moneys actually deposited by the Sponsor and held with the State for project purposes
shall be returned to the Sponsor
3 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
Page 2 of 17
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 design project costs will be $11,040
(Amount D) The Sponsor specifically agrees that it shall pay any project costs which
exceed the sum of the federal share (90% of Amount B)
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage of
financial participation as heretofore 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
During design, if the estimated eligible total project costs exceed Amount C, above, the
Sponsor may request the State to void this Agreement, whereupon the State shall agree to
void this Agreement upon the satisfaction of the following conditions
the Sponsor's request to the State to void the Agreement shall be in writing and
dated, and
b if required by the State, the Sponsor shall reimburse the State for funds expended
on this project and Sponsor shall assume the responsibility for any future expenses
for contracted services or materials related to the project for which a contract had
been executed prior to the Sponsor's request to void the Agreement Sponsor
funds held by the State may be retained until this requirement is satisfied, and
failure on the part of the Sponsor to comply with the conditions of this paragraph
shall constitute a breach of this Agreement
6 Upon satisfaction of the conditions specified in Paragraph II-5 above, the State shall
declare this Agreement null and void, and this Agreement shall have no force and effect,
except that unexpended or unencumbered moneys actually deposited by the Sponsor and
held with the State for project purposes shall be returned to the Sponsor within a
reasonable time
7 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
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 rent their share of
the increased grant amount
Page 3 of 17
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 tlus Agreement and any amendments thereto, without the
consent of the Sponsor
Payment of the United States share of the allowable project costs will be made pursuant to
and in accordance with the provisions of such regulations and procedures as the State and
the Federal Aviation Administration, hereinafter referred to as 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
8 Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
by the State At project close-out, Sponsor will be reimbursed for any credited amounts
that exqeed Sponsor's share Following the execution of this Agreement, the Sponsor's
shall submit the in -kind contribution documentation to the State
9 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 hereby grants to the State and federal government the right, upon advance
written request during reasonable and regular business hours, to audit any books and
records of the Sponsor to verify said funds 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 hereof 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
Expenditures for eligible project costs for the above project made by the State or the
Sponsor prior to the award of a federal grant for said project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made from Sponsor and State funds
10 The State shall make all reasonable attempts to acquire federal funding for the completion
and construction of this project within two years of completion of design services The
Sponsor hereby agrees to complete and construct this project within two years of
completion of design services, subject to the availability of federal funds
Page 4 of 17
PART III - Sponsor Responsibilities
In accepting the Agreement, the Sponsor guarantees that
it will comply with the Attachment A, Airport Assurances (9/99)(State Modified
9/99), attached hereto and made a part of this Agreement, and
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
C the Airport or navigational facility wluch is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years, and
d 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
e 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 linuted 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
f 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
g it shall not enter into any agreement nor permit any aircraft to gain direct ground
access to the Sponsoes 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
h 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 Attorneys
Page 5 of 17
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
► the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested, and
J all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory The
proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites)
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
k 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
1 following completion of the project where airport lighting is part of a project, the
Sponsor shall operate such lighting at least at low intensity from sunset to sunrise,
and
in 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 Sections
241 001 et seq (Vernon and Vernon Supp ) Sponsor shall also acquire and retain
avigation 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
Page 6 of 17
n it will provide upon request to 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
o after reasonable notice, it will permit the State, the FAA, and any consultants and
contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated with
this project, to enter private property for purposes necessary to this project, and
p 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
thereto, shall be filed with the State for approval, and
q it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or nusused 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 hereby 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
Page 7 of 17
4 The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and said 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
Rill force and effect for a period of at least 20 years
5 Upon entering into this Agreement, Sponsor hereby agrees to name an individual, as the
Sponsor's Authorized Representative, who shall be the State's contact with regard to this
project, and which individual shall have the authority to make approvals and disapprovals
as required on behalf of the Sponsor
6 Upon entering into this Agreement, Sponsor hereby agrees to name at least three
individuals, as the Sponsor's Consultant Selection Committee, to represent the Sponsor in
the selection of engineering and/or planning consultants, and to name a chairperson of the
selection committee, and to provide a suitable location for pre -bid and for
pre -construction conferences, and for the submission and opening of construction bids
7 The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U S C Sponsor agrees to assume responsibility for
operation of the facility in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives
before, during and after the completion of this project
8 The Sponsor by execution of this grant, certifies that it has implemented, or wdl
implement during this project, an effective airport pavement maintenance management
program, and it assures that it will use such program during the period of this Agreement
It will provide upon written request, such reports on pavement condition and pavement
management programs as the State determines may be useful Failure to comply with this
condition may make the Sponsor ineligible for future grants
9 The Sponsor shall have on file with the State a current and approved Attorneys Certificate
of Airport Property Interests and Exhibit A property map
10 The Sponsor shall have on file with the State a Certification Regarding Drug Free
Workplace Requirements form
11 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
Page 8 of 17
12 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
Part IV- Nomination of the Agent
1 The Sponsor hereby 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 said project, or in reimbursement to
either of the parties hereto for costs incurred
2 The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements including
any statutes, rules, regulations, assurances, procedures or any other directives, except as
otherwise specifically provided herein
3 The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor The Sponsor herewith grants the State a power of attorney to act
as its agent to perform the following services
Receiving Disbursing Agent
a apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U S C and congressional appropriation made pursuant
thereto, and the Sponsor,
b receive, review, approve and process Sponsor's reimbursement requests for
approved project costs, and
c pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share
Paying Agent
d, receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts,
Page 9 of 17
Contracting Agent:
e advertise for professional engineering and/or planning services for, but not limited
to, the preparation of planning studies, plans and specifications for the above
project and for the management of the construction of the above project, certify
consultant selection procedures, provide notification of contract award for
professional services, and negotiate professional services fees, and execute, on
behalf of the Sponsor, a professional services agreement as related to this project,
f administer Disadvantage Business Enterprises (DBE) and/or historically
Underuttlized 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
opinion, 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
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 shall obtain an audit as required by federal or state regulations, and procure and
forward to the FAA such specific project documentation as is necessary to complete all
aspects of this project
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
Page 10 of 17
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement
The Sponsor hereby 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 requite litigation
and other remedies of law
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 incident to, compliance with this
grant agreement
This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party Furthermore,
the State shall not be a party to any other contract or commitment which the Sponsor may
enter into or assume, or have entered into or have assumed, in regard to the above project
6 If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part The notice of suspension
shall contain the following
a The reasons for the suspension and the corrective action
necessary to lift the suspension,
b A date by which the corrective action must be taken,
Notification that consideration will be given to teniunating the grant after the
corrective action date
In the case of suspension or ternunation, the Sponsor may request the State to reconsider
the suspension or termination Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination
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 Sections 241 001 et seq (Vernon and
Vernon Supp ) Failure to comply with the terms of this Agreement or with the
aforementioned 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 terns and conditions of
this Agreement If, however, after all reasonable attempts to require compliance
have failed, the State finds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of the
Page 11 of 17
following remedies (1) require a refund of any money expended pursuant to the
Agreement herein, (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 herein, 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 ans►ng
under the terms of this Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties hereto in Travis
County, Texas
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 hereunder are subject to constitutional and
statutory limitations and restrictions binding upon the Sponsor and the State (including
Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the
availability of funds which lawfully may be applied
11 The Sponsors acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement incorporated herein shall be evidenced by execution of
this instrument by the Sponsor, as hereinafter provided, and 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 herein Such Grant Agreement shall become effective upon the
State's written Notice to Proceed issued following execution of this agreement
Page 12 of 17
Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does hereby 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 hereby accept the Offer, and by such
acceptance agrees to all of the terms and conditions of the Agreement thereof
Executed this
16th
�7 Witness Signature
City Secretary
Witness Title
day of May , 2000
City Manager
Title
Certificate of Sponsor's Attorney
I Edwin M Snyder , acting as attorney for the City of Denton
Texas, do hereby certify that I have fully examined the foregoing Agreement and the proceedings
taken by said Sponsor relating thereto, and find that the manner of acceptance and execution
thereof, of the said Agreement by said Sponsor, is in accordance with the laws of the State of
Texas
Dated at Denton , Texas, this znd day of
Witness Signatur
Administrative Secretary
Witness Title
Signature
First Assistant City Attorney
Page 13 of 17
Title
2000
Part VH - Acceptance of the State
Executed by and approved for the Texas Transportation Commission as agent for the City of
Denton 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
Commmssion
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By— 2, -J,
David S Fulton, DIMM
Aviation Division
Texas Department of Transpuffl f►
Date Sr 4
Page 14 of 17
CERTIFICATION OF PROJECT FUNDS
The City of Denton does hereby 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
Amount / Source Date Available
e11040destanRhase C-7f-WXAL FZ-4^JD 10-1-99
The Cay of Denton Texas
(Sponsor)
Page 15 of 17
CERTIFICATION OF AMPORT FUND
The City of Denton does hereby certify that the 4ZrNEXA _ F";JP Airport Fund
(Name of Fund)
has been established for the City of Denton, 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
City of Denton 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)
By
Title Ai;.wsr4/ n 11
Date -
Page 16 of 17
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 prolubited 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 -flee 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) No*mg 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) Notit)'mg 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,
(1) 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), (a), 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)
.S'G�O s��efbe-T- KoA-.D
7 .. Zo7
Check _,_ if there are workplaces on file t at are not identified here
Typed
Page 17 of 17
ATTACHMENT A PART V ASSURANCES
Airport Sponsors
a
These assurances shell be compiled with in the performance of grant agreements for airport development,
airport planning, and noise compatibility program grants for airport sponsors
Thee* assurances are required to be submitted as part of the project Airport Project Participation Agreement
hereinafter referred to as "APPA") by sponsors requesting funds under the provisions of Title 49, U 8 C , subtitle
VII, as amended As used herein, the term "public agency sporme means a public agency with control of a
public -use airport, the term "private sponsor' means a private owner of a public; -use airport, and the term
"sponsor" Indudea both public agency sponsors and private sponsors
Upon acceptance of the grant offer by the sponsor, these sasurances are Incorporated In and become part of
the grant agreement
B Duration and Applicability
Airport development or Noise Compatlblidy Program Projects Undertaken by a Public Agency Sponsor
The terms, conditions and assurances of the gram agreement shall remain in full face and affect throughout the
useful Ise of the facilities developed or equipment acquired for an airport development or noise compatibility
program project, or throughout the useful life of the project items Installed within a facility under a noise
compatibility program project, but In any event not to exceed twenty (20) years from the date o1 acceptance of a
gram 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 tomtit, conditions, and assurances with respect to real property acquired with federal
hinds Furthermore, the duration of the 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 usehd life of the facilities developed or equipment acquired under an airport development or noise
compatibility program project shell be no lose than ten (10) years from the date of acceptance of Federal ail for
the project
Airport Planning Undertaken by a Sponsor Unless otherwise specified In the grant agreement, only
Assurances 1, 2, 3, 5, S. 13, 18, 30, 32, 33, and 341n 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 gram that
Oenwal 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 8 C, subtitle %At, as amended
b Davl"scon Act - 40 U 8 C 276(a), at eaa'
c Federal Fair Labor Standards Act - 29 U S C 201, at seq
d Hatch Act -5U8C 1501,atseg2
e Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U S C
am4601, at a
f National Historic Preservation Act of I968 - Section 106 -16 U S C 470(0'
g Archeologloal and Historic Preservation Act of 1974 - 16 U S C 469 through 4690'
h Native Americans Brave Repatriation Act - 25 U S C Section 3001, et sea
I Clean Air Act, P L 90.148, as amended
Coastal Zone Management Act, P L 93.205, amended
k es Flood Disaster Protection Act of 1973 - Section 102(s) .42 U S C 40120'
1 Tide 49 ,U 8 C, Section 303, (formerly known as Section 4(f))
In Rehabilitation Act of 1973 - 29 U 8 C 794
n Civil Rights Act of 1964 - Title VI - 42 U S C 2000d through d-4
o Age Discrimination Act of 1976 - 42 U S C 6101 et eas
p American Indian Religious Freedom Act, P L 95.341, as amended
q Architectural Barriers Act of 1968 -42 U 8 C 4151, of 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 el sea '
t Copeland Amlklokback Act - IS U 8 C 874 '
u National Environmental Policy Act of 1969. 42 U S C 4321 at sea
v Wild and Scenic Rivers Act, P L 90-642, as amended
w Single Audit Act of 1984.31 U 8 C 7501, at sec'
x Drug -Free Workplace Act of 1988.41 U 8 C 702 through 706
Airport A noes (9" State Modified (SM) A-1
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990- Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372. Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted Now Building Constriction
Executive Order 12898 - Environmental Justice
Federal Regulations
a 14 CFR Part 13. Investigative and Enforcement Procedures
b 14 CFR Part 18 - Rules of Practice For Federally Aasieled Airport Enforcement Proceedings
c 14 CFR Part 150 - Airport noise compatibility planning
d 29 CFR Pert 1 - Procedures for predetermination of wage rates'
e 29 CFR Part 3 - Contractors and subcontractors on public building or public work Maned in whole or
part by loans or grants from the United States'
1 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and
assisted construction (also labor standards provisions applicable to non -construction contracts
subject to the Contract Work Hours and Safety Standards Act)
g 41 CFR Pan 60.Office of Federal Contract Compliance Programs, Equal Employment Opportunity
Department of Labor
(Federal and federally assisted contracting requirements)'
h 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state
and local governments
1 49 CFR Part 20 - New restrictions on lobbying
j 49 CFR Part 21 - Nondiscrimination In lederally-assleted programs of the Department of
Transportation - effectuation of Title %A of the Civil Rights Act of 1904
k 49 CFR Part 23 - Participation by Disadvantage Business Enterprise In Airport Concessions
1 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs' °
m 49 CFR Pan 28 — Participation By Disadvantaged Business Enterprises In Department of
Transportation Programs
n 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or
benefiting from Federal
financial assistance'
0 49 CFR Pan 29 — Government wide debarment and suspension (non -procurement) and government
wide requirements for drug -free workplace (grants)
p 49 CFR Pan 30 - Denial of public: works contracts to suppliers of goods and services of countries that
deny procurement market access to U S contractors
q 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building
construction '
Office of Management and Budget Circulars
a A-87 - Cost Principles Applicable to Gran[ and Contracts with State and Local Governments
b A-133 - Audits of States, Local Governments, and Non -Prole Organizations
(1) These laws do not apply to airport planning sponsors
(2) These laws do not apply to private sponsors
(3) 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local
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, Untied Stales Code
Specific assurances required to be Included In gram agreements by any of the above laws, regulations or
ckoula s are incorporated by reference in the grant agreement
2. Responsibility and Authority of the Sponsor
a Public Agency Sponsor it has [gal authority to apply for the grant, and to finance and carry out
the proposed project, that a resolution, motion or similar action has been duly adopted or passed as
an official ad of the applicants governing body authorizing the Ming of the APPA, Including all
understandings and assurances contained therein, and directing and authorizing the person Identified
as the official representative of the applicant to act in connection with the APPA and to provide such
additional information as may be required
b Private Sponsor it has [gal authority to apply for the grant and to finance and carry out the
proposed project and comply with all terms, conditions, and assurances of this grant agreement it
shall designate an official representative and shall in writing direct and authorize that person to file
Oft APPA, Including all understandings and assurances contained therein, to act In connection with
this APPA and to provide such additional information as may be required
3 Sponsor Fund Availability It has su8bbnt 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
forded under %a grant agreement which 4 will own or control
4 Good Me
a It, a public agency or the Federal government, holds good tit[, satisfactory to the Secretary, to the
landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that
good tit[ will be acquired
Airport Assurances (9199) State Modified (9=) A-2
For noise compatibility program projects to be carried out on the property of the sponsor, It holds
good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be
expended or will give assurance to the Secretary that good title will be obtained
5 Preserving Rights and Powers
a It will not lake or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms, conditions, and assurances In the grant agreement
without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify
any outstanding rights or claims of fight of others which would Interfere with such performance by the
sponsor This shell 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 Ode or other
Interests In the property shown on Exhibit A to 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 assurances In the grant agreement without approval by the Secretary If the
transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the
obligations of the grant agreement and to have the power, authority, and financial resources to carry
out all such obligations, the sponsor shall Insert In the contract or document transferring or disposing
of the sponsoes Interest, and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement
c For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it will
enter Into an agreement with that government Except as otherwise specified by the Secretary, that
agreement shad obligate that government to the same terms, conditions, and assurances that would
be applicable to it If it applied directly to the FAA for a grant to undertake the noise compatibility
program project That agreement and changes thereto must be satisfactory to the Secretary It will
take steps to enforce this agreement against the local government If there Is substantial non-
compliance with the terms of the agreement
d For noise compatibility program projects to be carried out on privately owned property, it will enter Into
an agreement with the owner of that property which Includes provisions specified by the Secretary it
will take steps to enforce this agreement against the property owner whenever there Is substantial
noncompliance with the terms of the agreement
e If the sponsor Is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the
airport will continue to function as a public use airport In accordance with these assurances for the
duration of these assurances
f If an arrangement Is made for management and operation of the airport by any agency or person
other then the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and
authority to Wows that the airport will be operated and maintained in accordance Title 49, United
States Code, the regulations and the terms, conditions and assurances In the grant agreement and
shall Insure that such arrangement also requires compliance therewith
8 Consistency with Local Plans The project is reasonably consistent with plans (existing at the time of
submission of this APPA) of public agencies that are authorized by the State In which the project Is located to
plan for the development of the area surrounding the airport
7 Consideration of Local Interest it has given fair consideration to the Interest of communities In or near where
the project may be located
8 Consultation with Users In making a decision to undertake any airport development project under Title 49,
United States Code, it has undertaken reasonable consultations with affected parties using the airport at which
project Is proposed
8 Public Hearings. In projects Involving the Iocadon of an airport, an airport runway, or a major runway
extension, I 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 Is consistency with goals and objectives
of such planning as has been carried out by the community and I 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 Is
management board either voting representation from the communities where the project Is located or has
advised the communities that they have the right to petition the Secretary concerning a proposed project
10 Air and Water Quality Standards In projects involving airport location, a major runway extension, or runway
location it will provide for the Governor of the state In which the project Is located to certify in writing to the
Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable
air and water quality standards In any case where such standards have not been approved and where
applicable ale 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
comfy shall be provided within sixty days after the project APPA has been received by the Secretary
11 Pavement Preventive Makttonance With respect to a project approved after January t, t 995, for the
replacement or reconstruction of pavement at the airport, I assures or certifies that it has Implemented on
effective airport pavement maintenance -management program and It assures that it will use such program for
the useful Ifs of any pavement constructed, reconstructed or repaired with Federal financial assistance at the
airport I will provide such reports on pavement condition and pavement management programs as the
Secretary determines may be useful
Airport Assurances (0/99) State Modified (9/90) A3
12 TemMnal Development Prerequisites. For projects which Include terminal development at a public use
akpolt, as defined In Title 49, it has, on the date of submittal of the project grant request, ale the safety
all
the security equipment required by rule ent required for codification of o regkul�ation end has provided for access to the passenger under section 44700 of Title 49, United States enp� and
and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier
aircraft
12 Accounting System, Audit, and Record Keeping Requirements.
a it shall keep all project accounts and records which fully disclose the amount and dlapoeitlon by the
recipient of the proceeds of the grant, the total coat of the project in connection with which the grant Is
given or used, and the amount or nature of that portion of thecost 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 WIN facilitate an effective audit In accordance with
the Single Audit Act of 1984
b it shall make available to the Secretary and the Comptroller General of the United States, or any of
their duly authorized representatives, for the purpose of audit and examination, any books,
documents, papers, and records or the recipient that are pertinent to the grant The Secretary may
require that an appropriate audit be conducted by a recipient In any case in which an Independent
audit Is made of the accounts of a sponsor relating to the dlspoettich 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 codified copy
of such audit with the Comptroller General of the United States not later than six (S) months following
the close of the Basal year for which the audit was made
14 Minknum Wage Rates It shall Include, In all contracts In excess of $2,000 for work on any projects funded
under the grant agreement which Involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor, In accordance with the Davle-Becon Act, as amended (40 U S C
278s-278a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be
stated in the Invitation for bids and shall be Included In proposals or bids for the work
18 Voteran's Preference It shall Include In all contracts for work on any project funded under the grant
agreement which involve labor, such provisions as are necessary to Insure that, In the employment of labor
(except In executive, administrative, and supervisory positions), preference shall be given to Veterans of the
Vietnam are 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
Is Confomhlty to Plans and Specifications It wile execute the project subject to plans, specifications, and
schedules approved by the Secretary Such plans, specification, and schedules shall be submitted to the
Secretary prior to commencement of site preparation, construction, or other performance under this grant
agreement, and, upon approval of the Secretary, shall be Incorporated Into this grant agreement Any
modification to the approved plans, specifications, and schedules shall also be subject to approval of the
Secretary, and incorporated Into the grant agreement
17 Construction Inspection and Approval it WIN provide and maintain competent technical supervision at the
construction aka throughout the project to sews that the work conforms to the plans, specifications, and
schedules approved by the Secretary for the project it shall subject the construction work on any project
contained in an approved project 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 requite such cost and progress reporting by the sponsor or sponsors of such project "the Secretary shall
deem necessary
18 Planning Projects In carrying out planning projects
a it will execute the project In accordance with the approved program narrative contained In the project
APPA or with the modifications similarly approved
b it WIN furnish the Secretary with such periodic reports as required pertaining to the planning project
and planning work octivitles
c it will Include In all published material prepared In connection with the planning project a notice that
the material was prepared under a grant provided by the United States
d it WIN make such material available for examination by the public, and agrees that no material
prepared with furhds under this project shall be subject to copyright In the United Stales or any other
country
a ti will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any
of the material prepared In connection with this grant
f it will grant the Secretary the dght to disapprove the sponsors employment of specific consultants
and their subcontractors to do all or any part of this project as well as the right to dleopprove the
proposed acope and cost of professional services
g 4 will grant the Secretary the right to disapprove the use of the sponsors employees to do ale or any
par Of the project
h it understands and ogre" that the Secretary's approval of this project gram or the Secretary's
approval of any planning material developed as part of this grant does not constitute or Imply any
assurance or commitment on the part of the Secretary to approve any pending or future request for a
Federal airport gram
Airport Aset ances (SON) State Modified (W98) Ad
1s Operation and Maintenance
a The airport and all facilities which are necessary to serve the aeronautical users of the airport, other
then facNWes owned or controlled by the United States, shall be operated at all times In a safe and
serviceable condition and In accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance and operation it will not
cause or permit any activity or action thereon which would Interfere with its use for airport purposes It
will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due
regard to climatic and flood conditions Any proposal to temporarily close the airport for non.
aeronautical purposes must first be approved by the Secretary
In furtherance of this assurance, the sponsor will have In effect arrangements for-
(1) operating the airports aeronautical facilities whenever required,
(2) Promptly marking and lighting hazards resulting from airport conditions, Including temporary
conditions, and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport
Nothing contained herein shall be construed to require that the airport be operated for aeronautical
use during temporary period* when snow, flood or other climatic: conditions Interfere with such
operation and maintenance Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is substantially damaged or
destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor
b It will suitably operate and maintain noise compatibility program Items that R owns or controls upon
which Federal funds have been expended
20 Hazard Removal and Mitigation R will take appropriate action to assure that such terminal akspeoe as is
required to protect instrument and visual operations to the airport (Including established minimum flight
attitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport
hazards
21 Compatible Land Use it will take appropriate action, to the extent reasonable, Including the adoption of zoning
laws, to restrict the use of land adjacent to or In the Immediate vicinity of the airport to activities and purposes
compatible with normal airport operations, Including landing and takeoff of aircraft In addition, if the project is
for noise compatibility program Implementation, it wilt not cause or permit any change in land use, within Its
jurisdiction, that will reduce Re compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended
22 Economic Nondisedminadon
a R will make the airport available as an airport for pubic use on reasonable terms and without unjust
discrimination to all types, kinds and classes of aeronautical activities, Including commercial
aeronautical activities offering services to the public: at the airport
b In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport
Is granted to any person, firm, or corporation to conduct or to engage In any aeronautical activity for
fumk"ng serA ss to the public at the airport, the sponsor will Insert and enforce provisions requiring
the contractor to-
(1) furnish saki services on a reasonable, and not unjustly discriminatory, basis to all users thereof,
and
(2) charge reasonable, and not unjustly discriminatory, prices far each unit or service, provided that
the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers
c Each fixed -based operator at the airport shall be subject to the same rates fees, rentals, and other
charges as are uniformly applicable to all other fixed -based operators making the same or similar
uses of such airport and utilizing the same or similar facilities
d Each air tender using such airport shall have the right to service Itself or to use any fixed -based
operator that is authorized or permitted by the airport to serve any air tender at such airport
s Each air carder using such airport (whether as a tenant, nontenent, or subtenant of another air carrier
tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all such air carriers which make similar use
of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or
nontenante and signatory carriers and nonslgnatory carriers Classification or status as tenant or
signatory shall not be unreasonably withheld by any airport provided an air carrier assumes
obligations substentdelly similar to those already imposed on air carriers In such classification or
status
f R 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 is
own employees [Including, but not limited to maintenance, repair, and fueling) that R may choose to
worm
g In the evert the sponsor Itself exeresas 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 fumshing of such
services by commarcial aeronautical service providers authorized by the sponsor under these
provisions
h The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by
all users of the airport a may be necessary for the safe and efficient operation of the airport
Airport Assurances (0/99) State Modified (9199) AS
I The sponsor may prohibit or limit any given type kind or class of aeronautical use of the airport it
ouch action Is necessary for the safe operation of the airport or necessary to serve the Civil aviation
needs of the public
23 Exclusive Rights. it will permit no exclusive right for the use of the airport by any person providing, or
Intending to provide, aeronautical services to the public For purposes of this paragraph, the providing of the
services at on airport by a single fixed -based operator shall not be construed as an exclusive right I both of the
following apply
e it would be unreasonably costly, burdensome, or Impractical for more than one fixed4mad 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 ouch 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 aightseeirg, aerial photography, crop dusting, aerial advertising and surveying,
air carrier operations, aircraft sales and services sale of aviation petroleum products whether or not conducted
In conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any
other activities which because of their direct relationship to the operation of aircraft can be regarded as an
aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing
at ouch an airport before the grant of any assistance under Title 49, United States Code
24 Fee and Rental Structure It will maintain a fee end rental structure for the facilities and services at the airport
which will make the airport as 9W.sustaining as possible under the ciroumetances existing at the particular
airport, taking Into account such factors as the volume of traffic and economy of collection No part of the
Federal share of an airport development, airport planning or noise compatibility project for which a grant Is
made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport
Act or the Airport and Airway Development Act of 1970 shall be Included in the rate bask in establishing fees,
rates, and charges for users of that airport
26 Airport Revenues
a All revenues generated by the airport and any local taxes on aviation fuel established after December
30, 1987, will be expanded by it for the capital or operating coals of the airport, the local airport
system, or other local facilities which are owned or operated by the owner or operator of the airport
and which are directly and substantially related to the actual air transportation of passengers or
property, or for noise mitigation purposes on or off the airport Provided, however, that If covenants or
assurances In debt obligations Issued before September 3, 1982, by the owner or operator of the
airport, or provisions enacted before September 3, 1982, In governing statutes controlling the owner
or operator's financing, provide for the use of the revenues from any of the airport owner or operator's
facilities, Including the airport, to support not only the airport but also the airport owner or operator's
general debt obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, In the case of a public airport, local taxes on aviation fuel) shall not apply
b As pert of the annual audit required under the Single Audit Act of 1984, the sponsor wig 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 The 49, United Stales Code and any
other applicable provision of low, Including any regulation promulgated by the Secretary or
Administrator
c Any civil penalties or other sanctions will be Imposed for violation of this assurance In accordance
with the provisions of Section 47107 of Tide 49, United Slates Code
26 Reports and Inspections it will
a submit to the Secretary such annual or special financial and operations reports as the Secretary may
reasonably request and make such reports available to the public, make available to the public at
reasonable times and places a report of the airport budget In a formal prescribed by the Secretary,
b for airport development projects, make the airport and all airport records and documents affecting the
airport, Including deeds, looses, operation and use agreements, regulations and other Instruments,
available for inspection by any duly authorized agent of the Secretary upon reasonable request,
c for note compatibility program projects, make records and documents relating to the project and
continued compliance with the lemma, conditions, and assurances of the grard agreement Including
deeds, leases, agreements, regulation, and other Instruments available for Inspection by any duly
authorized agent of the Secretary upon reasonable request, and
d In a format and time prescribed by the Secretary, provide to the Secretary and make available to the
public following each of Re fiscal years, an annual report listing In detail
(1) all amounts paid by the airport to any other unit of government and the purposes for which
each such payment was made, and
(il) all services and property provided by the airport to other units of govemment and the
amount of compensation received for provision of each such service and property
27 Use by Government Aircraft. it will make available all of the facilities of the airport developed with Federal
financial assistance and at those usable for lending and takeoff of aircraft to the United States for use by
Government aircraft In common with ether aircraft at all Imes 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
Airport Assurances (IMi9) Stale Modified (9/99) A-t
agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be
considered to exist when operation 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 thal-
a Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto, or
b The total number of movements (counting such landing as a movement) of Government aircraft Is
300 or more, or the gross accumulative weight of Govemment aircraft using the airport (the total
movement of Government aircraft multiplied by gross weights of such aircraft) is In excess of five
million pounds
28 Land for Fedaral Facilities. N will fumish without coat to the Federal Government for use In connection with
any air traffic control or air navigation activities, or weather -reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein, or rights In buildings of the sponsor as the Secretary
oonsklers necessary or desirable for construction, operation, and maintenance at Federal expense of space or
fscNIVsB for such purposes Such areas or any portion thereof will be made available as provided herein within
four months after receipt of a written request from the Secretary
29 Airport Layout Plan
a it will keep up to date at all limes an airport layout plan of the airport showing (1) boundaries of the
airport and all proposed additions thereto, together with the boundaries of all offete areas owned or
controlled by the sponsor for airport purposes and proposed additions thereto, (2) the location and
nature of ail existing and proposed airport facilities and structures (such as runways, taxiways,
aprons, terminal buildings, hangars and roads), Including all proposed extensions and reductions of
existing airport facilities, and (3) the location of at existing and proposed nonavlation areas and of all
existing Improvements thereon Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the face of the
airport layout plan The sponsor will not make or permit any changes or alterations In the airport or
any of No facilities which are not In conformity with the airport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely affect the safely, utility or
efficiency of the airport
b If a change or alteration in the airport or the facilities is made which the Secretary determines
adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on
or oft the airport and which is not In conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, N requested, by the Secretary (1) eliminate such adverse effect
In a manner approved by the Secretary, or (2) bear all costs of relocating such property (or
replacement thereof) to a @No acceptable to the Secretary and ail coats of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the
unapproved change In the airport or is facilities
30 Civil Rights It will comply with such rules as are promulgated to assure that no parson shall, on the grounds
of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity
conducted with or benefiting from funds received from this grant This assurance obligates the sponsor for the
period during which Federal financial assistance Is extended to the program, except where Federal financial
assistance is to provide, or Is In the form of personal property or real property or Interest therein or structures or
Improvements thereon In which case the assurance obligates the sponsor or any transferee for the longer of the
following periods (a) the period during which the property is used for a purpose for which Federal financial
assistance Is extended, or for another purpose involving the provision of similar services or benefits, or (b) the
period during which the sponsor retains ownership or possession of the property
31 Disposal of Land
a For land purchased under a grant for airport noise compatibility purposes, It will dispose of the land,
when the land is no longer needed for such purposes, at fair market value, at the earliest practicable
tinxi That portion of the proceeds of such disposition which is proportionate to the United States'
share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for
deposit In the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed
by the Secretary
b (1) For land purchased under a grant for airport development purposes (other than notes
compatibillM, It will, when the land Is no longer needed for airport purposes, dispose of such land at
fair market value or make available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land That portion of the proceeds of such
dispoefilon which is proportionate to the United States' share of the coat 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 pail 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 N (a) N may be
needed for aeronautical purposes (Including runway protection zones) or serve as noise buffer land,
and (b) the revenue from Interim uses of such land contributes to the financial self -cuff clency of the
airport Further, land purchased with a grant received by an airport operator or owner before
December 31, 1087, will be considered to be needed for airport purposes N 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
Airport Assurances (9/09) State Modified (9/99) A-7
Disposition of such land under (a) or (b) will be subject to the retention or reservation of any Interest
or right therein necessary to ensure that such land will only be used for purposes which are
compatible with notes levels associated with operation of the airport
42 Engineering and Design Services. It will award each contract, or subcontract for program management,
construction management, planning studies, feasibility studles, architectural services, preliminary engineering,
design, engineering, surveying, mapping or related services with respect to the project in the same manner as a
contract for prohitecturst and engineering services Is negotiated under Title IX of tie Federal Property and
Administrative Serv" 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 hinds provided under this grant to be used to fund any project
which uses any product or service of a foreign country during the period In which such hxelgn country Is listed
by the United Stales Trade Representative as denying hit and equitable market opportunities for products and
suppliers of the Unlled States In procurement and construction
34 Policies, Standards, end Specifications It will carry out the project in accordance with policies, standards
and specifications approved by the Secretary Including but not imlted to the advisory circulars listed in the
Current FAA Advisory Circular* for AIP projects, dated 711/99 and Included In this grant and In accordance with
applicable state policies, standards, and specifications approved by the Secretary
38 Relocation and Real Property Acquisition (1) It will be guided in acquiring real property, to the greatest
extent practicable under State law, by the tend acquisition policies In Subpart B of 49 CFR Part 24 and will pay
or reimburse property owners for necessary expenses as specified In Subpart 8 (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
avallable within a reasonable period of time prior to displacement, comparable replacement dwellings to
displaced persons In accordance with Subpart E of 49 CFR Part 24
38 Amass By Intercity Buses. The airport owner or operator will perms, to the maximum extent predicable,
Intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to
fund special facilities for Inanity buses or for other modes of transportation
37 Disadvantaged Business Enterprises The recipient shall not discriminate on the bass of race, color,
national origin or sex In the award and performance of any DOT-easisted contract or in the administration of its
DBE program or the requirements of 49 CFR Part 28 The Recipient shall take all necessary and reasonable
Maps under 49 CFR Part 28 to ensure non discrimination in the award and administration of DOT-aeahted
contracts The reoiplent's DBE program, as required by 49 CFR Part 26, and as approved by DOT, Is
Incorporated by reference In this agreement Implementation of this program Is a legal obligation and failure to
carry out He terms shall be treated as a violation of this agreement Upon notification to the recipient of Its failure
to carry out He approved program, the Department may Impose sanctions as provided for under Part 28 and
may, In appropriate cases, refer the matter for enforcement under 18 U S C 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U S C 3801)
Airport AWnnces (9/99) Stele Modified (9/99) A-S
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS updated on 7/1109
The following apply to both AIP and PFC projects
NUMBER
TITLE
70/74f10.1J
Obstruction Marking end Lighting
160/6000.13
Announcement of Avallabillly—RTCA Inc, Document RTCA 221 Guldence end
Recommended Requirements for Airport Surface Movement Sensors
150/5100-14C
Archltedural, Engineering and Planning Consultant Services for Airport Grant Projects
150/52W-WA, CHO 1 8 2
Airport Winter Safety and Operations
1 W5200-"
Hazardous Wildlife Attractants On or Near Airports
150/5210.50
Painting, Marking and Lighting of Vehicles Used on an Airport
160/5210.78
Aircraft Fire and Rescue Communications
150/5210.13A
Water Rescue Plans, Facilities, and Equipment
150/5210.14A
Airport Fire and Rescue Personnel Protective Clothing
150/5210.18
Airport Rescue i Firefighting Station Building Design
150/5210.18
System for Interactive Training of Airport Personnel
150/5210.10
Ddvaes Enhanced Vision System (DEVS)
150/5220-40
Water Supply Systems for Aircraft Fire and Rescue Protection
15015220 106
Guide Spedikailon for Water/Foam Typo Aircraft Rescue and Firefighting Vehicles
150/5220 138
Runway Surface Condition Sensor Specification Guide
15015220 190
Automated Weather Observing Systems for NonFederal Applications
150/5220 17A
Design Standards for Aircraft Rescue Firefighting Training Facilities
15015220 18
Bmik"s for Storage and Maintenance of Airport Snow and ire Control Equipment and
Materials
15015220-1114
Guide Speelficatlon far Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles
15015220.20 CHO 1
Airport Snow and lee Control Equipment
150/5220-21A
Guide Specification for Uft Used to Board Airline Passengers With Mobility Impairments
150/5300 13, CHO 1, 2.3.4. 5
Airport Design
150/5300.14
Design of Aircraft Deicing Facilities
150/5300-15
Use of Value Engineering for Engineering Design of Airport Grant Projects
15D/5320418
Airport Drainage
150/5320-OD
Airport Pavement Design and Evaluation
150/5320.12C
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement
Surfaces
150/5320.14
Airport Landscaping for Noise Control Purposes
150/5320.10
Airport Pavement Design for the Boeing 777 Airplane
150/5326.4A, CHO 1
Runway Length Requirements for Airport Design
15015340.10
Standards for Airport Markings
150/5340.4C, CHO 1 g 2
installation Details for Runway Centerlins Touchdown Zone Lighting Systems
15016340-59, CHO i
Segmented Circle Airport Marker System
150/5340.14B, CHO 1 & 2
Economy Approach Lighting Aids
150/5340 170
Standby Power for NowFAA Airport Lighting Systems
150/5340 /3C, CHO 1
Standards for Airport Sign Systems
150/5340 19
Taxiway Conterline Lighting System
150/5340.21
Airport Miscellaneous Lighting Visual Aide
150/5340.28
Supplemental Wind Cones
150/6340-2 , CHO 1
Rummy and Taxiway Edge Lighting System
15015340.21A
Ak4o.Ground Radio Control of Airport Lighting Systems
150/5345J0
Specfiication for L821 Panels for Remote Control of Airport Lighting
150/5346-11A
Circuit Selector Switch
150/5345.7D, CHO 1
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
15015345-IOE
Specification for Constant Current Regulators Regulator Marlton;
15015345./2C
Specification for Airport and Heliport Beacon
150/5345 /3A
8pscltkation for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
IM5345 200, CHO / & 2
8poci ication for L823 Plug and Receptacle, Cable Connectors
15WSM 27C
Specification for Wind Cone Assemblies
150/5345-2¢D, CHO 1
Precision Approach Path Indicator (PAPS Systems
150/5345.395, CHO 1
FAA Specification L853, Runway and Taxiway Centerline Retrorefleclive Marken
150/5345.4 C, CHO 1
Spodkelion for Airport Light Bases, Transformer Housings Junction Boxes and
Accessories
150/5345-OE
SpeoBkatim for Obstruction Lighting Equipment
150/5345.44F, CHO 1
Specification for Taxiway and Runway Signs
150/5345-W
Lightweight Approach Light Structure
150/5345 46A
Specification for Runway and Taxiway Light Fixtures
150/5346.47A
Isolation Transformers for Airport Lighting Systems
150/534$J8A
Speaftatim 1.854, Radio Control Equipment
160/5346.50, CHO 1
Specification for Portable Runway Lights
15015345.51. CHO 1
Specification for Discharge -Type Flasher Equipment
15015345-52
Generic Visual Olkleslope Indicators (OVGI)
11id6345:Z A, (Including addendum)
Airport Lighting Equipment Certification Program
150/5360-0IIL"
PlonMng and Design of Airport Tonnlnsl Facilities at NonHub Locations
150=90-liA
Airport Signing a Graphics
15015360610, CHO 1
Planning and Design Guidance for Airport Terminal Facilities
I50/5370.2p
Operational Safety on Airports During Construction
150/5370-00
Construction Progress and Inspection Report -Airport Gram Program
15015370-JOA CHO 1, 2, 3, 4 5.6.7. B. 9
Standards for Specifying Construction of Airports
15=370.11, CHO 1
Use of NondownwtNe Testing Devices In the Evaluation of Airport Pavements
1504370.12
Quality Control of Construction for Airport Orsnt Projects
150163W2A
Heliport Design
150630"
VeNpoA Design
Airport Aafmaancas (9/99) State Modified (9/99) A-9
TxDOT Contract No.:OX1FA014
TxDOT Project No.•DENTON 1
TxDOT CSJ No.:0018DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 01
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, Texas, hereinafter called the "Sponsor," acting by and
through the Texas Department of Transportation, hereinafter called the "Agent" and Carter &
Burgess, Inc , hereinafter called the `Engineer "
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engineering/design services at the Denton Municipal Airport, herein called the "Project "
Section 5 - Payments to the Engineer, limits the maximum amount payable under the
agreement without modification of the agreement to $110,400 00
It has become necessary to amend the agreement for additional surveying during design
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows
A Add Additional Services as authorized in Section 4-Additional Services as follows
Add additional surveying for design of a helipad and an apron overlay not included in the
original scope of work for a fee of $2,500 00
B Amend Section 5 - Payments to the Engineer as follows
Change Section 5 4 1 Payment to Engineer to The maximum amount allowable for
payment under the Professional Engineering Services Agreement is $112,900 00
All other terms and conditions of the agreement are unchanged and remain in full force
and effect
Page 1 of 3
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement
ENGINEER
Name Fred H Evans
(Print or type)
777 Main Street
(Address)
THE STATE OF TEXAS
COUNTY OF Tarrant
Title Carter & Burgess, Inc
(Name of Firm)
Fort Worth, Texas 26102
(City, State, Zip)
Before me, the undersigned authority, on this day personally appeared
kn to me to be the Engineer named in this contract,
Fred H Evans
or the Engineer's
own
authorized representative, and is the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration therein expressed /�
Given under my hand and seal of office this day of(sj .aJ A D 2001
4Nary blic, State of Texas
GAYLE R SCOTT
Notary PUNIC
STATE OF TEXAS
my Comm Exp 11112/2003
Gavle R Scott
(Printed or typed name)
My Commission expires 11-12-2003
Page 2 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
By Date 3D
Karon Wiedemann Director Grant Management
Aviation Division
Texas Department of Transportation
Page 3 of 3
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT Contract No OXXFA014
TxDOT Project No AP DENTON I
TxDOT CSJ No 0018DNTON
Amendment No 01 to the Agreement
Part I - Identification of the Project
TO The City of Denton, Texas
FROM The State of Texas, acting through the Texas Department of Transportation
The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas
Department of Transportation, hereinafter referred to as the "State," have entered into an Airport
Project Participation Agreement TxDOT CS7 Number 0018DNTON, executed by the Sponsor on
May 16, 2000, and by the State on May 25, 2000, for the development of the Denton Municipal
Airport, hereinafter referred to as the "Airport"
The project is described as follows engineenng/design 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 hanger access taxiways, install MITI, and edge
reflectors, rehabilitate apron, construct helipad, upgrade Runway signage, and install security
fencing at the Denton Municipal Airport
It is in the mutual interest of the Sponsor and the State to increase the agreement by
$2,500 for additional surveying
Part II - Offer of Financial Assistance, estimates total project costs to be $110,400 00, and
financial assistance is currently limited to $99,360 00 in federal funds and $11,040 00 in local
sponsor funds,
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendment by the Sponsor and the State
The Airport Project Participation Agreement is amended as follows
1 On Part II, Item No 2 of the Agreement, change Amount A, estimated total design costs,
and any further references in the Agreement to Amount A, to $112,900 00
Page 1 of 3
2 On Part II, Item No 2 of the Agreement, change Amount B, estimated design costs
eligible for federal financial assistance, and any further references in the Agreement to Amount B,
to $112,900 00
3 On Part II, Item 4 of the Agreement, change Amount D, Sponsor's share of the estimated
design costs, and any further references in the Agreement to Amount D, to $11,290 00
4 Add On Part II, Item 2 of the Agreement, Amount E, the maximum obligation of the
United States payable under this offer, and any further references in the Agreement to Amount E,
to $101,610 00
All other terms and conditions of the agreement are unchanged and remain in full force
and effect
This Amendment to the Airport Project Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted
Executed this
rgnature
1
day of 12001
_The City of Denton Texas
Sponsor
Sponsor Signature
..:`
AM -- - -
CITY
CITY
r3Y
Page 2 of 3
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission
STATE OF TEXAS
XAS DEPARTMENT OF/ TRANSPORTATION
By
�✓
David S Fulton, Director
Aviation Division
Texas Department of Transportation
Date G //�-lo
Page 3 of 3
TxDOT Contract No.:2X1AV028
TxDOT Project No.: AP DENTON 2
TxDOT CSJ No.•0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO.02
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is made by
and between the City of Denton, Texas, hereinafter called the "Sponsor," acting by and through
the Texas Department of Transportation, hereinafter called the Agent, and Carter & Burgess,
Inc , hereinafter called the "Engineer "
The Sponsor and the Engineer executed an agreement on May 30, 2000 for engineenng/design
services, executed Supplemental Agreement No 01 on April 30, 2001 for additional surveying at
the Denton Municipal Airport, herem called the "Project "
Section B-5 4 1 -Payments to the Engineer, of the Professional Engineering Services Agreement,
limits the maximum amount payable under the agreement to $112,900 00
It has become necessary to amend the agreement to provide additional engineering services for
the Construction and Closeout Phase, Resident Project Representative Services and Materials
and Testing Laboratory Services during construction
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows
A Add Additional Services to Section 1 - Scone of Services as follows
13 Add additional engineering services for the construction and closeout phases in
accordance with Exhibit A, "Additional Services to be Provided by the Engineer," attached
hereto and made a part of this supplemental Agreement and to be paid as listed below
Phase Fee by Phase Work Schedule
Construction Phase $20,700 00 As needed
Close Out Phase $ 6 900 00 45 calendar days
14 The Engineer shall furnish a Resident Project Representative, hereinafter called the
"RPR," to assist the Engineer in observing the performance of the work of the Contractor
Services of the RPR shall be in accordance with Exhibit B, "Duties, Responsibilities and
Limitations of Authority of the Resident Project Representative" attached hereto and made a part
(Revised 4/10/01) Page 1 of 4
k
of this Supplemental Agreement
14 1 The person(s) designated by the Engineer to perform the services of the RPR shall be
approved in writing by the Agent
15 The Engineer shall contract with an independent materials and testing laboratory,
hereinafter called the "Laboratory" for the purpose of quality control of the work of the
Contractor The services provided shall be in accordance with Exhibit C, "Materials Testing
Laboratory Services" attached hereto and made a part of this Supplemental Agreement
B Add to Section 5 Payments to the Engineer as follows
5 1 13 The Agent shall pay Engineer for services of the RPR furnished under paragraph A 1 at
the rate of $40 0000 per hour or any portion thereof Also allowed will be five (5) trips at the rate
of $436 00 per trip not to exceed $2,180 00 Such payment shall include all direct salary costs,
indirect salary costs, fringe benefits, overhead, travel and subsistence, telephone and postage,
field office expenses, printing and reproduction costs, any other payroll costs and profit
5 1 14 If it becomes apparent to the Engineer at any time before services to be rendered under
paragraph 5113 have been about eighty percent completed that the total amount of
compensation to be paid to the Engineer on account of RPR services will exceed $45,820 00
(Amount A), Engineer shall give Agent written notice Promptly thereafter Agent and Engineer
shall review the matter of compensation for RPR services, and either the Agent shall authorize
the Engineer to provide additional RPR services, or the Agent and Engineer shall agree to a
reduction in the remaining services to be rendered so that the total compensation for such RPR
services will not exceed Amount A when such services are completed
5 1 15 Should the total cost of RPR services exceed Amount A, the Engineer shall be
compensated for any additional RPR services, authorized by the Agent in excess of Amount A, at
an hourly rate agreed upon between the Agent and Engineer The payment for additional RPR
services shall include the costs to the Engineer described in Paragraph 5 1 13
5 1 16 The Agent shall pay Engineer a lump sum fee of $37.286 00 for the services of the
Laboratory furnished under paragraph 14 at the rates provided in Exhibit D, "Schedule of
Materials Testing Costs" attached hereto and made a part of this Supplemental Agreement Such
payment shall include all costs to the Engineer and Laboratory including direct salary costs,
indirect salary costs, fringe benefits, overhead, travel and subsistence, printing and reproduction
costs, telephone and postage, materials and equipment, any other payroll costs and profit Should
conditions indicate the need for test not itemized in Exhibit D, such test may be conducted,
provided that both the Agent and the Engineer agree as to their need and cost in advance
(Revised 4/10/01) page 2 of 4
C Amend Attachment G - Historically Underutilized Business
Amend Project Participation Goal and Good Faith Effort from subcontract 130/0 if the
total dollar value of the prime contract to 16 % of the total dollar value of the prime contract
D Amend Section 5-Payments to Engineer as follows
Change Section 5 4 1 to The maximum amount allowable for payment under the
Professional Engineering Services Agreement is $225,886 00
All other terms and conditions of the agreement are unchanged and remain in full force and
effect
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate counterparts of
this Supplemental Agreement
ENGINEER
Title Se-„ or V, «
Name / r�cp L�yAivs
(Print of Type)
Name of Firm 0 der f, v � — � ill
Address ^'77 7 Inn v5b-«f - Date / Z -Z 7�°
F,,--,+- Lvo,44% � '7%/v L
(Revised 4/10/O1)
Page 3 of 4
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appearedy'
known to me to be the Engineer named in this contract, or the Engineer's authorized
representative, and is the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she has authority to execute and has executed the same for the
purposes and consideration therein expressed
Given under my hand and seal of office this off% day of 9;)6 C , A D 2001
L
eGAYLE R SOTTNotaryPublihSTATEOF TEXAS
1PMYforamExp11/12/2003�2 YS'K1�T.hJ'S�F
ACCEPTANCE OF THE STATE
( /�� Z' W
Notary P6blic, State of Texas h
My Commission expires
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission
Date / //T�01—
David S Fulton, Director
Aviation Division
Texas Department of Transportation
(Revised 4/10/01) page 4 of 4
EXHIBIT A
ADDITIONAL SERVICES TO BE PROVIDED BY THE ENGINEER
TXDOT CSJ NO.: 0218DNTON
A Construction Phase
After written authorization to proceed with the Construction Phase, Engineer shall
1 Conduct a preconstruction conference with representatives of the Agent, the
Sponsor, the contractor(s) and other interested parties The Engineer shall prepare and distribute
a record of the preconstruction conference to the attendees For projects involving the placement
of HMAC, the engineers shall famish the contractor an agenda or checklist of items which will
be addressed during the pre -paving conference
2 Conduct a meeting with airport users, and the contractor to explain the
construction project, delineate lines of authority, and review the construction Phasing and Safety
Plan
3 Perform the necessary field surveys for establishing horizontal and vertical
controls for the use of the contractor(s) during the performance of the construction
4 Make visits to the site at intervals appropriate to the various stages of construction
as Engineer deems necessary in order to observe as an experienced and qualified design
professional the progress and quality of the various aspects of the Contractor (s) work Based on
information obtained during such visits and on such observations, Engineer shall endeavor to
determinate in general if such work is proceeding in accordance with the Contract Documents
and Engineer shall keep Agent informed of the progress of the work The Engineer shall
endeavor to protect the Agent and Sponsor against defects and deficiencies in the work of the
contractor(s), however, it is understood that the Engineer cannot guarantee the performance of
the contractor, nor is the Engineer responsible for the actual supervision of the construction
operations or for any safety measures the contractor(s) takes or should take
5 Consult with and advise the Agent, issue all instructions to the contractor(s) as
may be requested by the Agent and prepare change orders and provide necessary documentation
for supplemental agreements as required
6 Conduct a pre -paving meeting prior to the test strip, which involves the
contractor, RPR and testing lab, and which clanfies all paving specification requirements and
procedures
7 Review (a) samples, (b) catalog data, (c) schedules, (d) shop drawings, (e)
laboratory, shop, and mill tests of materials and equipment, and, other data submitted by the
contractor Such reviews will be only for conformance with the design concept of the Project
and compliance with the information given in the contract documents The Engineer shall
provide one copy of the documents with review comments to the Agent
A-1
8 ' Prepare and/or verify any periodic and final estimates for payments to the
contractor(s), and furnish the Agent with any necessary certifications as to payments to
contractors and suppliers
9 Conduct, in the company of the Agent and the Sponsor, a final inspection of the
Project for conformance with the design concept of the Project and compliance with the contract
documents, and approve, in writing, final acceptance of the project The Engineer shall prepare
and distribute copies of the findings to the Agent, the Sponsor and the Contractor
B Closeout Phase
During the Closeout Phase, Engineer Shall
1 Provide Agent with a final test and quality control report documenting the results
of all tests performed, highlighting those tests that failed or did not meet the applicable test
standard and the actions(s) taken The report shall include any pay reduction applied and reasons
for accepting any out of tolerance material
2 Prepare and submit to the Agent one set of reproducible record drawings on Mylar
of 4 mil minimum thickness and 3 sets of prints showing those changes made during the
construction process based on the marked -up prints, drawings and other data furnished by
contractor(s) to Engineer and which Engineer considers significant
3 Update the existing Airport Layout Plan (ALP) as necessary to indicate items
completed during construction Field verification of runway end coordinates and elevations are
required if they have been altered during construction Transfer the updated existing ALP to a
computer aided design and drafting (CADD) format as directed by Agent The Engineer shall
furnish the Agent with three (3) review copies, and upon approval, one reproducible Mylar of
minimum 4 mil thickness and fifteen (15) copies of the ALP and one set of computer diskettes of
a type directed by the Agent containing a CADD copy of the ALP If aerial photography is
necessary for the ALP update, the Engineer shall furnish the Agent with one copy of aerial
photographs
4 Furnish Agent with 3 bound copy(ies) of all approved catalog cuts,
warranties, maintenance data, parts lists, and names of equipment and materials suppliers
5 Conduct an inspection of the Project prior to the expiration of any warranty period
and advise the Agent of any recommended action to be taken under the terms of any warranty
6 Engineer shall submit only one pay request for closeout phase upon completion of
all tasks associated with closeout
A-2
EXHIBIT B
DUTIES, RESPONSIBILITIES AND LIMITATIONS
OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
TxDOT CSJ No.. 0218DNTON
A General
The Resident Project Representative (RPR), as the Engineer's agent, will act as directed by and
under the supervision of the Engineer, and will confer with the Engineer regarding RPR's actions
The Resident Project Representative's dealings in matters pertaining to the on -site work shall in
general be with the Engineer, Agent's Construction Manager and Contractor, keeping the Sponsor
advised as necessary Dealings with the subcontractors shall only be through or with the full
knowledge of the Contractor
B Duties and Responsibilities
Resident Project Representative will
I Conferences Attend preconstruction conference Arrange and conduct a
schedule of progress/coordination meetings and other job conferences as required in consultation
with the Engineer and notify in advance the Agent's Construction Manager, Sponsor's
Representative, Contractor and others that will be expected to attend Record, maintain and
circulate copies of minutes to all attendees
2 Schedules Review the progress schedule, schedule of submittals and schedule of
values prepared by the Contractor and consult with the Engineer concerning their acceptability
3. Liaison
a Serve as the Engineer's liaison with the contractor superintendent and
assist the superintendent in understanding the intent of the Contract Documents Assist the
Engineer in serving as the Sponsor's liaison with the Contractor when the Contractor's operations
affect the Sponsor's on -site operations
b As requested by the Engineer, assist in obtaining from the Agent's
Construction Manager additional details or information, when requested at the job site for proper
execution of the work
4 Submittals
a Receive and record date of receipt of all required Submittals, receive all
samples which are furnished at the site by the Contractor, and notify the Engineer of their
availability for examination
b Advise the Engineer and Contractor prior to the commencement of any
work requiring a Submittal that has not yet been approved by the Engineer
5 Review of Work, Rejection of Defective Work, Inspection and Tests
a Conduct on -site observations of the work in progress to assist the Engineer
in determining if the work is proceeding on schedule and in accordance with the Contract
Documents and whether completed work will conform to same
b Report immediately to the Engineer and Agent's Construction Manager
whenever the RPR believes that any work is unsatisfactory, faulty or defective or does not
conform to the Contract Documents, or does not meet the requirements of any inspections, tests
or approval required to be made or that has been damaged prior to final acceptance, promptly
advise the Engineer and Agent's Construction Manager when the RPR believes work should be
corrected or rejected or should be uncovered for observation, or requires special testing,
inspection or approval
c Verify that tests, equipment and systems startups and
operating/maintenance procedures are conducted as required by the Contract Documents and in
the presence of the required personnel, and that the Contractor maintains adequate records
thereof, observe, record (in the Daily Diary) and report to the Engineer and Agent's Construction
Manager appropriate details relative to the test procedures and startups
d Accompany visitors representing public and other agencies having
jurisdiction over the Project, record (in the Daily Diary) the outcome of these inspections
6 Interpretation of Contract Documents Transmit to Contractor the Engineer's
clanfication and interpretations of the Contract Documents
7 Modifications Consider and evaluate Contractor's suggestions for modifications
in Drawings or Specifications and report them with recommendations to the Engineer and
Agent's Construction Manager
8 Records
a Maintain at the job site orderly files for correspondence, reports of job
conferences, Submittals and sample submissions, reproductions of original Contract Documents
including all addenda, change orders, field orders, additional Drawings issued subsequent to the
execution of the Contract Documents, Daily Progress Reports, test reports and other project
related documents
b Keep a Daily Diary, recording hours on job site (include RPR's), weather
conditions, work force, equipment in use and idle, data relative to questions of extras or
deductions, list of visitors, daily activities, decisions, observations in general and specific
B-2
observations in more detail as in the case of observing test procedures Send copies to the
Engineer and Agent's Construction Manager on a weekly basis
c Maintain on a current basis a set of project drawings marked to show the
work as actually constructed and assist the Engineer in the preparation of Record Drawings from
the information on these marked drawings
d Record names, addresses and telephone numbers of all Contractors,
subcontractors, testing laboratories and major suppliers of materials and equipment
9 Report
a Furnish weekly construction reports to the Engineer
ne r and
Agent's n
Construction Manager in the form of copies from the Daily Diary (provided YAgent)
weekly basis
b Notify the Engineer and Agent's Construction Manager of deficiencies in
the Contractor's compliance with the approved progress schedule and/or schedule of Submittals
c Consult with the Engineer and apprise the Agent's Construction Manager
in advance of scheduled major tests, inspection or start of important phases of the work
d Report immediately to the Engineer and Agent upon the occurrence of any
accident
e Report immediately to the Engineer and Agent's Construction Manager
any tests or inspections not in compliance with the Contract Documents
to Payment Requests Review and approve Contractor pay requests for compliance
Forward them with recommendations to TxDOT and copy to the Engineer, noting particularly
quantities, work completed, and materials and equipment delivered at the site but not
incorporated in the work
11 Wage Rates Review the Contractor's certified payroll and determine whether the
Contractor is compensating employees in accordance with the wage rates contained in the
Contract Documents and stated in the certified payroll Submit certified payroll to Agent with
weekly construction reports
12 Submittals of Certificates, Maintenance and Operation Manuals During the
course of the work, verify that certificates, maintenance and operation manuals and other
Submittal data required to be assembled and famished by the Contractor are applicable to the
items actually installed, and deliver this material to Engineer for his review and forwarding to the
Agent prior to final acceptance of the work
IM
13 Completion Conduct the final (or partial if applicable) construction inspection in
accordance with Section 50 in the general provisions of the project specifications, in the
company of the Engineer, Agent, Sponsor, Contractor and other interested parties and prepare a
list of all items to be completed or corrected
C Limrtahons of Authonty
Except upon written instructions from the Engineer and with the Agent's concurrence, the
Resident Project Representative
1 Shall not authorize any deviation from the Contract Documents or approve any
substitute materials or equipment
2 Shall not exceed limitations on the Engineer's authority as set forth in the Contract
Documents
3 Shall not undertake any of the responsibilities of Contractor, subcontractors or
Contractor's superintendent, or expedite the work
4 Shall not advise on or issue directions relative to any aspect of the means,
methods, techniques, sequences or procedures of construction unless such is specifically called
for in the Contract Documents
5 Shall not advise on or issue directions as to safety precautions and programs in
connection with the work
6 Shall not authorize the Sponsor to occupy the Project in whole or in part
7 Shall not participate in specialized field or laboratory tests
M,
EXHIBIT C
MATERIALS TESTING LABORATORY SERVICES
TxDOT CSJ No.: 0218DNTON
The Engineer shall submit, in writing, the name of the Laboratory for the Project to the
Agent for approval
2 The services of the Laboratory shall be performed in accordance with the basic
requirements of ASTM E 329, ,Recommended Practice for Inspection and Testing Agencies,"
ASTM C 1077, Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for
Use in Construction and Criteria for Laboratory Evaluation, and ASTM D 3666, Standard
Practice for Evaluating and Qualifying Agencies Testing and Inspecting Bituminous Paving
Materials as published by the American Society of Testing Materials
3 The Engineer shall promptly submit to the Agent formal reports from the Laboratory of
all tests and inspections indicating, where applicable, compliance with the Project Specifications
or other contract documents Such reports shall be complete and factual, citing the tests
performed, methods employed, values obtained, project area involved, and other pertinent data
These reports shall be signed by a registered professional engineer with expertise in the area for
which the report is made The reports shall be distributed only as specifically designated by the
Agent
4 The Laboratory is not authorized to revoke, alter, relax, enlarge or release any
requirements of the project specifications or other contract documents or to approve or accept
any portion of the work The Laboratory does not have the right of rejection or the right to stop
the work, except for such reasonable periods as may be required to conduct the sampling, testing
or inspection operations
5 The Laboratory shall report immediately to the Engineer or Resident Project
Representative, any materials tested or inspected which do not comply with the project
requirements The Engineer shall then, within the same working day, notify the Agent's
Construction Manager
6 The Laboratory or its representative shall not act as foreman or perform other duties for
the Contractor
7 Quality control testing shall be in accordance with the approved Construction
Management Program (Testing Plan)
(Revised 10/20/00) C_1
EXHIBIT D
SCHEDULE OF MATERIALS TESTING COSTS
TxDOT CSJ No.: 0218DNTON
D-I
Rodriguez
Engineering
Laboratories
Denton Municipal Airport
Denton, Texas
Basis for Cost Estimate
Construction Materials Testing
9A99 BID
Estimated Costa
Quantity Unit
cost/Unit
Total
Deaertptloq
Coordination and Review
8 tut
S 8500 S
68000
Materials Engineer
'
Item P-152 EXeavanolt and Embankment
2 es
$ 15000 $
30000
Moistura Density Relationship (ASTM D 698)
$ 4500 S
9000
AtterbeB Limits
2 ea
2 ea
S 5000 S
10000
Steve Analysis & Clast11101"tom
19 ea
$ 1200 S
22800
In -place Nuclear Densities (ASTM D 2922)
S 1000 S
19000
water Content (ASTM D-3017)
19 as
2 so
S 3500 S
7000
1n-piece Send Cone Densities (ASTM D-1556)
da
S - $
.
Suribee Smoothness & Grade (to be paformcd by RPR)
S 43563 S
871 26
Trip Charges
2 ea
2 his
S 3500 S
7000
Tech Time
Sub-Toisl- S
1,91926
Tram P-155 Lime Treated Subgnde
(19,463 SY ® 8")
$ 15000 $
15000
Moisture -Density Relationship (ASTM 0-698)
1 ae
$ 4500 $
4500
Auarberg Limns
I es
I ce
S 5000 $
5000
Steve Analysts
3 CC
S 3500 $
10500
ImPleee Surd Con* Densities (ASTM D-1556)
S 1200 S
33600
ImPleoo Nuclear Densities
28 as
28 as
$ 1000 $
28000
Water Content (ASTM D-3017)
Smoothness (To be performed by the RPR)
$ 1000 S
62000
Thiftem
62 to
28 to
$ 3300 S
95000
Field Gradation
I ea
$ 435 63 S
43563
rnp Charges
I two
S 3300 $
3500
Tech Time
Sub. retak+ S
3,03663
(8,126 SY dip 12", 12,093 SY ® 13" & 2,740 SY ® 6')
Item Y-209 Crushed Aggregate Bsaa Course
2 At
$ 6500 S
130 00
Flat or Elongated Pericles
2 CA
S 22500 S
45000
Pereestage of Wear
2 ee
S 27500 S
55000
Sodium SWtbte Soundness Loss
2 to
$ 5000 S
10000
Sieve Analysis
2 OR
$ 4500 S
9000
Atterber8 Limits
2 Ca
S 4500 S
9000
Send Equivalent
2 ee
f 1500 0 S
30000
Moisture Density Curve (ASTM D 698)
36 ea
S 1200 S
43200
In -Place Nuclear Densities
36 to
$ 1000 S
36000
W star Content (A,STM D-3017)
SmootMess & Grade (To be performed by the RPR)
S 1500 S
540 00
Thickness
36 as
2 to
S 43563 S
$71 26
Trip Charges
2 lift
S 3500 Al
7000
Tech Time
Sub -Total. S
3,98326
r0oaaoot
Denton MuNcipal ar9ori Page t or a
13806 Dragline Drive Austin, TX 78728
(512) 251-4454 Fax (512) 251-1380 •
Rodriguez
Engineering
Laboratories
Denton Municipal Airport
Denton, Texas
Boris for Coat Estimate
construction Materials Testing
Estimated Cats
Quantity Unit
CadUult
Total
Description
5,932 SY (} 1 5" & 19,651 SY @ 4")
P-401 Bituminous Surface Course
A Tat Section
I sets
S 9000 5
9000
Stolidity turd Flow
i ea
S 4000 S
4000
Max Specific Gravity
I sets
S 3000 S
3000
Air voids
I lot
S 7500 S
7500
V MA
268
S 16000 $
32000
Extraetien/Gradabon & Asphalt Content
6 coca
S 1500 S
9000
Mat and Joint Densities
g ns
S 11500 S
68000
Materials Bngmeer
I so
S 43563 S
43563
Trip Charges
Sub -Total= S
1,76063
Production Mix Acceptance Testing
36 sets
S 9000 $
3,24000
Stability end Flow
36 to
$ 40 OD $
1,44000
Max Specific Gravity
36 secs
$ 3000 $
1,080 00
Air Voids
36 cores
S 1500 S
54000
Mat Densities
36 cons
S 1500 S
54000
Joint Densities
72 so
S 500 S
36000
Thickness
9 lots
$ 16000 S
1,44000
ExtraouodGradeuon & Asphalt Conant
n/a
$ - S
-
Smoothness (to be performed or verified by RPR)
- $
Grade (to he performed or verified by RPR)
Na
S
S 43563 S
97126
Trip Charges
2 so
8 hrs
S 85 00 $
68000
Materials Bngmeer
10 days
$ 80 00 S
80000
Per Diem
Sub -Total. S
10,991 26
Item P.410 Structural Portland Cement Concrete
6 on
S 1500 S
9000
Conersen Cylmda Compressive Strength
$ - S
Slump
2 ea
2 a
S - $
.
Air Conant
I a
S 43563 $
43563
Trip Charges (Pick-up cylinders)
I Ins
S 3500 S
3500
Tech Time (Pick-up cylinder)
Sup-Totap $
56063
P.626 EmubiBtd Asphalt Slurry Seal Treatment
(152,037 SY)
Test Strip
Bmubion Testing
I to
S 75 00 $
7500
Absolute Viscosity
1 so
$ 5500 S
5$ 00
Panicle Charge
I on
$ 35 00 $
35 00
Ste`'° Test
I co
$ 6500 $
6500
Cement Mixing Test
I to
S 13500 S
13500
Residue By Distillation
1 on
S 7000 S
7000
Penetration
1 ea
S 9500 S
9500
Ductility
2 a
$ 16500 $
33000
Gradation & Exbactlon
I a
$ 3000 $
5000
Steve Analyse
I ins
$ 35 00 $
35 00
Tech Time
I to
$ 43S 63 S
435 63
Trip Charges
11/0912001
Oaten Munfolpal Airport Pegs 2 016
13806 Dragllne Drive Auslin, TX 78728
(612) 251.4464 • Fax (512) 251.1380 0
Rodriguez
Engineering
Laboratories
Donlan Munlolpal Airport
Denton, Texas
Basis for Cost Estimate
Construction Materials Tooting
Description
Production
Emulsion Testing (I Dar 25,000 sy)
Absolute Viscosity
Particle Charge
Sieve Tat
Cement Mixing Tea
Residue By Distillation
Penetration
Ductility
Gradation tit Extraction, 0 per 5,000sy)
Steve Analysts
Tech Time
Trip Charges
BASE BID
Description
P.626 Emulsilled Asphalt Slurry Seal Treatment
Production
Emulsion Testing (I par 25,000 my)
Absolute Vlsocafty
Particle Charge
Sieve Test
Cement Mixing Tea
Residue By Distillation
Penetration
Ductility
aradstlon tit Extraction, (I per 5,000sy)
Sieve Analysis
Tech Time
Trip Charga
BASE BID ♦ ALTERNATE e I
Estimated Costs
Total
Quantity Unit
Cos"nit
6 as
S
7500
S
45000
6 as
$
5500
S
33000
6 ea
S
3500
$
21000
6 as
S
6500
$
39000
6 to
S
13500
$
81000
6 es
S
7000
S
42000
6 ea
S
9500
S
57000
31 so
$
16500
S
5,11500
5 ea
$
5000
$
25000
1 bra
S
3$ 00
S
3500
1 as
S
43563
S
43563
Sub-Toulm
S
10,39626
Total Lump Sum
Fee mFs---77
34 59,19
Estimated Caste
Quaatlty Unit
cost/Unit
Total
(3 660 61)
I ea
S 7500
S
7500
1 w
$ 5500
S
$ 5 00
I a
$ 3500
S
3500
1 oa
$ 6500
S
6500
1 air
S 135 00
$
13500
1 ca
S 7000
S
7000
1 ea
$ 9500
$
1 as
$ 16500
S
19500
5 00
0 ea
S 5000
S
-
i his
S 3500
S
35 00
I w
S 435 63
$
43563
Sub-TolsM
$
1,16563
Total Lump Sum Fee m S 36 724 g2
11/0012001
Denton Municipal Airport Page 3 of 5
13808 Dragline Drive • Auatln, TX 76728
(512) 251-4454 Fax (612) 261-1380 40
Rodriguez
Engineering
Laboratories
Denton Munloipal Airport
Denton, Texas
Basis for Coat Estimate
Construction Materials Testing
Description
P-626 Emulsified Asphalt Slurry Seal Treahseat
PrWitclion
Emulsion Testing (I per 25 000 SY)
Absolute Vlecosity
Particle Chugs
Steve Test
Comanl MixmgTest
Residue By Distillation
Penetration
Ductility
0ndation & llwwton, (I per 5,0005y)
Sieve Analysis
Teoh Time
Trip Charges
Par Diem
Estimated Coen
Total
Quantity Unit
Costlualt
(3 558 SY)
0 ea
$ 7500
S
0 ea
$ 5500
1 "
0 as
$ 3500
S "
0 as
$ 6500
S -
0 ea
S 13500
S
0 ae
f 7000
S
0 to
1 9300
S 165 00
S
I as
g 16500
0 as
f 5000
$ '
0 lira
S 3500
S '
0 as
S 43563
S
0 ao
S 8000
$ 163 00
Sub -Total,-
$
BASE BID + ALTERNATE a 1 & e 2,
Descrlptiom
R-626 Emulsfied Asphalt Slurry Seal Trestmtnt
Production
emulsion Testing (1 par25.000 sy)
Absolute Vlecwtty
Panicle Charge
Sieve Test
Cement Mixing Test
Residue By Distillation
Penetration
Ductility
Gradation & Extraction, (I per 5,0006y)
Sieve Analysis
Tech Time
Trip Charges
Per Diem
Total Lump Sum Fee - F�— 75,889 82
Estimated Costs
Total
Quantity Unit
Costfunit
(2 688 S1)
0 an
S 73 00
S
0 as
$ 5500
S -
0 as
$ 3500
S '
0 ea
S 6500
$ '
0 es
S 13500
1 '
0 ea
S 7000
$ '
0 ca
S 9500
S "
S 16500
I as
S 16500
Ogg
1 5000
S
0his
S 3500
S
0 to
S 435 63
f '
0 ea
S 5000
S 16S 00
Sub -Total-
S
BASE BID + ALTERNATE a 1 , N 2 & 03
ALTERNATE 04
No Testing Required
ALTERNATE 0 S
No Testing Required
ALTERNATE P 6
N9 Testing Required
Pepe a of a
neuron fdwikiPai Aiipon
13806 Dragllne Drive Austin. TX 78728
(612) 251.4464 - Fax (512) 251-1380
Total Lump Sum Fee " S 76 Q54 82
Rodriguez
Engineering
Laboratories
Denton Municipal Airport
Denton, Texas
Basks for cost estimate
Construction Materials Testing
Description
item P-501 Portland Cement Concrete Pavement
Flexural Strength
Slump
Air Content
Concrete Temperature
Smoothness & Grade (to be verified by RPR)
Thickness
Edge Slump (to be venfied by RPR)
Dowel Bar Alignment (to be verified by RPR)
Trip Charges (Piok-up beams)
Tech Time (Pick up boons)
item P•610 Structural Portland Cement Concrete
Concrete Cylinder Compressive Strength
Slump
Air Content
Trip Charges (Pick-up cylinders)
Tech Time (Pick-up cylinders)
BASE BID + ALTERNATE 01 thru 07.
ALTERNATF 8 8 No Testing Required
BASE BID +ALTERNATE 81 thru 08
Estimated Costs
Quantity hall
Cost/unn
Total
8 as
s 2500
S
20000
4 co
S
S
4 as
S
f
4 ca
S
S
n/a
$
S
Pilo
f
S
"
Pilo
S
$
n/a
S
$
I as
S 43563
S
43363
1 bra
S 3500
S
3500
Sub-TolsW
$
67063
6 as
S 1500
$
9000
2 ea
S
f
2 ee
$
S
i ee
S 43563
S
43563
I bus
S 3500
f
3500
Sub -Total
S
56063
Total Lump Sum Fee
S 37 286 OB
Total Lump Sum Fee m S 37 86 08
NOTE Price valid when RPR does construction materials testing and construction inspection, for
concrete, base and subbase. We will send a second person for the HMAC testing
13aftOCI ' 9 . Austin, TX 78728 Page 6 of 6
(512) 251-4454 Fax (512) 251.1380
1lrovnoot
TxDOT Contract No.:2X1AV028
TxDOT Project No.: AP DENTON 2
TxDOT CSJ No.:0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 03
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, Texas, hereinafter called the "Sponsor," acting by and
through the Texas Department of Transportation, hereinafter called the Agent, and Carter &
Burgess, Inc., hereinafter called the "Engineer."
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engineering/design services; executed Supplemental Agreement No. 01 on April 30, 2001 for
additional surveying and executed Supplemental Agreement No. 02 on January 18, 2002 for the
construction phase at the Denton Municipal Airport, herein called the "Project."
Section 5 - Payments to the Engineer, limits the maximum amount payable under the
agreement without modification of the agreement to $225,786.00.
It has become necessary to amend the agreement for additional Engineering services
during construction.
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows:
A. Add Additional Services as authorized in Section 4-Additional Services as follows:
Add additional engineering services during construction to investigate the use of alternate
materials for the slurry seal for a fee of $1,760.00.
B. Amend Section 5 - Pavments to the Engineer as follows:
Change Section 5.4.1. Payment to Engineer to: The maximum amount allowable for
payment under the Professional Engineering Services Agreement is $227,546.00.
All other terms and conditions of the agreement are unchanged and remain in full force
Page 1 of 3
and effect.
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement.
ENGINEER
By:
Name: L D&,-a l / "a � /o c-.
(Print or type)
(Address)
THE STATE OF TEXAS
Date A", Z 21 U 0 Z
Title: Cc4vl r, t YJAbl:'Z f!/ b
(Name of Firm)
F—,, ' c,1 o�(C l X -7UO2
(City, State, Zip)
COUNTY OF a N` 1-
Before me, the undersigned authority, on this day personally appeared
known to me to be the Engineer named in this contract, or the Engineer's
authon ed representative, and is the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this a:;t day of 'A.D. 2002.
Notary Public, State of Texas
(11 )—Zen', t�-e-'the.l4-ern
(Printed or typed name)
My Commission expires `LD - 13-DA
Page 2 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.
Date: y(O 2-
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Page 3 of 3
TxDOT Contract No.:2X1AV028
TxDOT Project No.: AP DENTON 2
TxDOT CSJ No.:0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 04
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, Texas, hereinafter called the "Sponsor," acting by and
through the Texas Department of Transportation, hereinafter called the "Agent," and Carter &
Burgess, Inc., hereinafter called the "Engineer."
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engineering/design services; executed Supplemental Agreement No. 01 on April 30, 2001 for
additional surveying; executed Supplemental Agreement No. 02 on January 18, 2002 -for the
construction phase and executed Supplemental Agreement No. 03 on May 24, 2002 for
additional engineering services at the Denton Municipal Airport, herein called the "Project."
Section 5 - Payments to the Engineer, limits the maximum amount payable under the
agreement without modification of the agreement to $227,546.00.
It has become necessary to amend the agreement for additional engineering/design
services.
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows:
A. Add Additional Services as authorized in Section 4-Additional Services as follows:
1. Add additional engineering/design services to replace the MIRL system for a lump sum
fee of $18,031.00 as distributed below by phase and performed as scheduled:
Phase
Fee
Work Schedule
Preliminary Engineering Report Phase
$3,028.00
20 worlang days
Design Phase
$12,939.00
31 worlang days
Bidding Phase
$2,064.00
As required
Page 1 of 3
B. Amend Section 5 - Payments to the Engineer as follows:
Change Section 5.4.1. Payment to Engineer to: The maximum amount allowable for
payment under the Professional Engineering Services Agreement is $245,577.00.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement.
ENGINEER
By: �I
Name: L. Darrell Thompson
(Print or type)
777 Main Street
(Address)
Page 2 of 3
Date July 31, 2002
Title: Carter & Burgess, Ir—
(Name of Firm)
Fort Worth, TX 76102
(City, State, Zip)
THE STATE OF TEXAS
COUNTY OF . � a, r. , +
Before me, the undersigned authority, on this day personally appeared
known to me to be the Engineer named in this contract, or the Engineer's
autho ed representative, and is the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 311tday of 'A.D. 2002.
-fy,\ �e l�Q �
Notary Public, State of Texas
i'11, She 14trn
(Printed or typed name)
My Commission expires 10 -t3 -D 'a_
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.
0
David S. Fulton, Director
n;*inn
Tex.
• ^# Transportation
Page 3 of 3
Date: S
f
TxDOT Contract No.: 2XIAV028
TxDOT Project No.:AP DENTON 2
TxDOT CSJ No.:0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO.06
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, hereinafter called the "Sponsor," acting by and
through the Texas Department of Transportation, hereinafter called the "Agent' and Carter &
Burgess, hereinafter called the "Engineer."
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engineering/design services; executed Supplemental Agreement No. 01 on April 30, 2001 for
additional surveying; executed Supplemental Agreement No. 02 on January 18, 2002 for the
construction phase; executed Supplemental Agreement No. 03 on May 24, 2002 for additional
engineering services; executed Supplemental Agreement No. 04 on August 13, 2002 for
additional engineering services and executed Supplemental Agreement No. 05 on October 21,
2002 for additional Resident Project Representative services at the Denton Municipal Airport,
herein called the "Project."
Section 5 - Payments to the Engineer, limits the maximum amount payable under the
agreement without modification of the agreement to $246,137.00.
It has become necessary to amend the agreement for additional engineering services.
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows:
A. Add Additional Services as authorized in Section 4-Additional Services as follows:
Add additional engineering design services to relocate the vault equipment for
a fee of $4,965.00.
2. Amend Supplemental Agreement No. 02 to add additional Basic Engineering
Services to be paid as listed below:
Page Iof3
Phase
Additional Fee
Not to Exceed Fee by
Phase
Work Schedule
Construction (lump sum)
$4,890.00
$25,590.00
As needed
Closeout (lump sum)
$2,480.00
$9,380.00
45 calendar days
RPR (240 hrs @ $40.00)
$9,600.00
$55,980.00
B. Amend Section 5 - Payments to the Engineer as follows:
Change Section 5.4.1. Payment to Engineer to: The maximum amount allowable for
payment under the Professional Engineering Services Agreement is $268,072.00.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement.
ENGINEER
By:
Name: L. Darrell Thompson
(Print or type)
777 Main Street
(Address)
Page 2of 3
Date March 3, 2003
Title: Carter & Burgess, Inc.
(Name of Firm)
Fort Worth, Texas 76102
(City, State, Zip)
THE STATE OF TEXAS
COUNTY OF TARRANT
Before me, the undersigned authority, on this day personally appeared
Z. Damu Tfio,.pren known to me to be the Engineer named in this contract, or the Engineer's
authorized representative, and is the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this Jnt(day of MZta/G A.D. 2003.
Notary Public, State of Texas
J. Ann Dorris
(Printed or typed name)
My Commission expires: 11/7/2006
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.
M.
,0 j
Page 3of 3
Date: 3'/7��
TxDOT Contract No.: 2X1AV028
TxDOT Project No.: AP DENTON 2
TxDOT CSJ No.:0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO.07
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, hereinafter called the "Sponsor," acting by and
through the Texas Department of Transportation, hereinafter called the "Agent" and Carter &
Burgess, hereinafter called the "Engineer."
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engineering/design services; executed Supplemental Agreement No. 01 on April 30, 2001 for
additional surveying; executed Supplemental Agreement No. 02 on January 18, 2002 for the
construction phase; executed Supplemental Agreement No. 03 on May 24, 2002 for additional
engineering services; executed Supplemental Agreement No. 04 on August 13, 2002 for
additional engineering services, executed Supplemental Agreement No. 05 on October 21,
2002 for additional Resident Project Representative and executed Supplemental Agreement
No. 06 on March, 7 2003 for additional engineering services at the Denton Municipal Airport,
herein called the "Project."
Section 5 - Payments to the Engineer, limits the maximum amount payable under the
agreement without modification of the agreement to $268,072.00.
It has become necessary to amend the agreement for additional Resident Project
Representative Services.
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows:
A. Add Additional Services as authorized in Section 4-Additional Services as follows:
Increase Section 5, Payment to the Engineer for Resident Project
Representative services, by a total of $160.00, not to exceed $56,140.00.
Pagel of 3
B. Amend Section 5 - Payments to the Engineer as follows:
Change Section 5.4.1. Payment to Engineer to: The maximum amount allowable for
payment under the Professional Engineering Services Agreement is $268,232.00.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement.
ENGINEER
By:
Name: L. Darrell Thompson, P.E
(Print or type)
Date l 2 �Z Z1O-f
Vice President
(Name of Firm)
Carter & Buraess Inc 777 Main Street. Fort worth. Tx 76102_
(Address) (City, State, Zip)
Page 2 of 3
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
�a `o �dcnown to me to be the Engineer named in this contract, or the Engineer's
authorized representative, and is the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of c _,A.D. 2003.
Notary Public, State of Texas
VY\�7ex� � Sr �(1� �-i3^ ooa�uunu'°nun�uoq
(Printed or typed name) S.HFzT
o
My Commission expires: �� - s • o s,}`
s 9TE Of 9
•.. Exv�P�•'pb,
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor,
for the purpose and effect of activating and/or carrying out the orders, established policies or
work programs heretofore approved and authorized by the Texas Transportation Commission.
By. Date:
Page 3 of 3