2009-136
FILE REFERENCE FORM 2009-136
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records
Act
Other
FILE(S) Date Initials
Amendment No. 01 to the Agreement [original is attached] 05/24/10 JR
Supplemental Agreement No. 01 [original is attached] 08/11/10 JR
Supplemental Agreement No. 02 [original is attached] 12/29/10 JR
Amendment No. 03 to the Agreement [original is attached] 06/21/11 JR
Supplemental Agreement No. 05 [original is attached] 07/11/11 JR
Supplemental Agreement No. 06 [original is attached] 07/19/11 JR
Supplemental Agreement No. 07 [original is attached] 08/30/11 JR
Supplemental Agreement No. 08 [original is attached] 11/08/11 JR
Supplemental Agreement No. 09 [original is attached] 12/12/11 JR
Supplemental Agreement No. 10 [original is attached] 02/17/12 JR
s:\our documents\ordinances\09\airport-tzdot runway improvements.doc
ORDINANCE �D —
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION AVIATION DNISION RELATING TO CERTAIN IMPROVEMENTS
AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING AND DIRECTING THE CITY
MANAGER OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID
AGREEMENT AND TO IMPLEMENT THE PROJECT; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton or his designee is hereby
authorized to execute on behalf of the City of Denton an Airport Project Participation Agreement
("APPA") with the Texas Department of Transportation Aviation Division ("TxDOT") relating
to certain runway improvements at the Denton Municipal Airport as identified in the APPA, a
copy of such contract being attached hereto and made a part hereof for all purposes and
referenced as TxDOT Contract No. 9XXAV054 (the "AgreemenY') and to expend funds as
provided for in the Agreement.
SECTION 2. The City Manager or his designee is the City's authorized representative
who is directed to comply with any assurances, conditions or agreements required to be executed
to receive the funds provided under the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ��
�—day of�, 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i �
BY: ���J
APPROVED AS TO LEGAL FORM:
ANITA BURGESS , CITY ATTORNEY
�
BY: �/ �/�.
�,
_.— __,
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 0918DNTON
TxDOT Project No.: AP DENTON 12
TxDOT Contract No. : 9XXAV054
Commission Approval: February 26, 2009
NPE Funds Applied: FY06, FY07, FY08, FY09
Part I- Identitication of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and the City of Denton, Texas, (hereinafter referred to as the "Sponsor").
The Sponsor desires to sponsor a project for the development of a public aviation facility,
known or to be designated as the Airport under the Airport and Airway Improvement Act of
1982, as repealed and recodified in Title 49 United States Code, Section 47101 et sey.,
(hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures
promulgated pursuant to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et
seq. (Vernon and Vernon Supp).
The project is described as construction services to: extend and mark Runway 17-35;
extend parallel taxiway, medium intensity runway edge lights, medium intensity taxiway lights;
expand run-up area; upgrade and relocate medium intensity approach lighting system with
runway alignment indicator lights and precision approach path indicator-4 Runway 17; replace
visual approach slope indicator with precision approach path indicator-4; fencing and install
three security gates; declared distance signs; relocate glide slope/localizer antenna and MOA
with FAA at the Denton Municipal Airport.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the United
States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer. as
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provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and conditions as herein
provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON
BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as
the United States share of the allowable costs incurred in accomplishing the project, ninety-five
percentum of all allowable project costs. This grant is made on and subject to the following
terms and conditions:
Part II - Offer of Financial Assistance
The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that construction project costs will be approximately $8,500,000.00
(Amount A). It is further estimated that approximately $8,500,000.00 (Amount B) of the
project costs will be eligible for federal financial assistance, and that federal financial
assistance will be for ninety-five percent (95%) of the eligible project costs. Final
determination of federal eligibility of total project costs will be determined by the State in
accordance with federal guidelines following completion of project.
3. The maximum obligation of the United States payable under this offer shall be
�8,075,000.00 (Amount C).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approved work items of this grant and not to
amend the scope of work to include items outside of the current determined needs of this
project. Scope of work may be amended as necessary to fulfill the unforeseen needs of
this specific development project within the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds.
4. It is estimated that the Sponsor's share of the total project costs �vill be $425,000.00
(Amount D). The Sponsor specifically agrees that it shall pay any project costs, which
exceed the sum of the federal share (Amount C).
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage
of financial participation as stated in Paragraph II-2. The State shall refund to the
Sponsor, at the financial closure of the project, any excess funds provided by the
Sponsor.
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�
5. If there is an overrun in the eligible project costs, the State may increase the grant to
cover the amount of overrun not to exceed the statutory limitations, and will advise the
Sponsor by amendment of the increase. Upon receipt of the aforementioned amendment,
the maximum obligation of the United States is adjusted to the amount specified and the
Sponsor will remit their share of the increased grant amount.
The State may decrease the agreement after completion of the describer scope. The
Sponsor will be notified by letter of the decreased amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the
dollar amounts identified in this Agreement and any amendments, without the consent of
the Sponsor.
Payment of the United States share of the allowable project costs will be made in
accordance with the provisions of such regulations and procedures as the State and the
FAA shall prescribe. Final determination of the United States share will be based upon
the final audit of the total amount of allowable project costs and settlement will be made
for any upward or downward adjustments to the Federal share of costs.
6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
by the State. At project closeout, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor's share.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor
grants to the State and federal government the right, upon advance written request during
reasonable and regular business hours, to audit any books and records of the Sponsor to
verify the funds. In addition, the Sponsor shall disclose the source of all funds for the
project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor
fail to pay said obligation, either in whole or in part, within 30 days of written demand,
the State may exercise its rights under Paragraph V-7. Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law
or equity.
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification of Airport Fund, attached and
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made a part of this agreement; and
b. it will comply with the Attachment B, Certification of Project Funds, attached and
made a part of this Agreement; and
c. it will comply with the Attachment C, Airport Assurances (3/2005)(State
Modified 3l2005), attached and made a part of this Agreement; and
d. it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant; and
e. the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years; and
f. consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term of this Agreement; and
g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products
and aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
h. it shall not permit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA; and
it shall not enter into any agreement nor permit any aircraft to gain direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to this prohibition,
commonly known as a"through-the-fence operation," unless an exception is
granted in writing by the State due to extreme circumstances; and
j. it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests;
and that airport property identified within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be pledged to airport use and shall
not be removed from such use without prior written approval of the State; and
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k. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory.
The proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites).
m. an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from
other types of moneys identified in the fund as a whole. All fees, charges, rents,
and money from any source derived from airport operations must be deposited in
said Airport Fund and shall not be diverted to the general revenue fund or any
other revenue fund of the Sponsor. All expenditures from the Airport Fund shall
be solely for airport or airport system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has complied with the requirements of this subparagraph;
and
n. for federally funded projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport fund and used for airport
operations; and
o. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
p. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in Tex. Loc. Govt. Code Ann. §§241.001 et
seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation
easements or other property interests in or rights to use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
impractical or will result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
such subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State; and
q. it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project; and
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r. after reasonable notice, it will permit the State, the FAA, and any consultants and
contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated
with this project, to enter private property for purposes necessary to this project;
and
s. all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the
Sponsor. A reproducible copy of such plan, and all subsequent modifications,
shall be filed with the State for approval; and
t. it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in
any other manner in any project upon which Federal and State funds have been
expended. For the purposes of this grant agreement, the term "funds" means
funds, however used or disbursed by the Sponsor or Agent that were originally
paid pursuant to this or any other grant agreement. It shall obtain the approval of
the State as to any determination of the amount of such funds. It shall return the
recovered share, including funds recovered by settlement, order or judgment, to
the State. It shall furnish to the State, upon request, all documents and records
pertaining to the determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the Sponsor, in court or othenvise,
involving the recovery of such funds shall be approved in advance by the State.
2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon which construction work is to be performed, or have acquired a leasehold
on such property for a term of not less than 20 years, prior to the advertisement for bids
for such construction or procurement of facilities that are part of the above project, and
within the time frame of the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project.
3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of
the Sponsor, the Sponsor's agents or employees performed under this agreement. The
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State,
the State's agents, employees or contractors from any and all expenses, including attorney
fees which might be incurred by the State in litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees.
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, as
provided, and the Agreement shall comprise a contract, constituting the obligations and
rights of the State of Texas and the Sponsor with respect to the accomplishment of the
project and the operation and maintenance of the airport. Such Agreement shall become
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m
effective upon execution of this instrument and shall remain in full force and effect for a
period of at least 20 years.
5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility
for operation of the facility in compliance with all applicable state and federal
requirements including any statutes, rules, regulations, assurances, procedures or any
other directives before, during and after the completion of this project.
6. The Sponsor shall have on file with the State a current and approved Attomey's
Certificate of Airport Property Interests and Exhibit A property map.
7. The Sponsor shall have on file with the State, Attachment D, Certification Regarding
Drug-Free Workplace Requirements, attached and made a part of this agreement.
8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in
every contract a provision implementing this special condition.
9. Except for instrument landing systems acquired with AIP funds and later donated to and
accepted by the FAA, the Sponsor must provide for the continuous operation and
maintenance of any navigational aid funded under the AIP during the useful life of the
equipment. The sponsor must check the facility, including instrument landing systems,
prior to commissioning to ensure it meets the operational standards. The Sponsor must
also remove, relocate, or lower each obstruction on the approach or provide for the
adequate lighting or marking of the obstruction if any aeronautical study conducted under
FAR Part 77 determines that to be acceptable; and mark and light the iunway, as
appropriate. The Federal Aviation Administration will not take over the ownership,
operation, or maintenance of any sponsor-acquired equipment, except for instrument
landing systems.
10. For a project to replace or reconstruct pavement at the airport, the Sponsor shall
implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number 11. The sponsor shall use such program
for the useful life of any pavement constructed, reconstructed, or repaired with Federal
financial assistance at the airport. As a minimum, the program must conform to the
provisions in Attachment E"Pavement Maintenance Management Program", attached
and made a part of this agreement.
11. The Sponsor may utilize paving specifications meeting State Highway criteria for
runways at non-primary airports with lengths up to 5,000 feet and serving aircraft not
exceeding 60,000 pounds gross take-off weight. The sponsor agrees not to request
additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing
State specification for 10 years from pavement acceptance.
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Part IV- Nomination of the Agent
1. The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either
of the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives,
except as otherwise specifically provided.
3. The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its
agent to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant
thereto, and the Sponsor;
b. receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
c. pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share.
Paying Agent:
d. receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
Contracting Agent:
e. advertise for professional engineering and/or planning services for, but not
limited to, the preparation of planning studies, plans and specifications for the
above project and for the management of the construction of the above project;
certify consultant selection procedures; provide notification of contract award for
professional services; and negotiate professional services fees; and execute, on
behalf of the Sponsor, a professional services agreement as related to this project;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State
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e
reasonably finds appropriate. Where there is an ineconcilable conflict or
difference of opinion, judgment, order or direction between the State and the
Sponsor, any engineer, contractor, or materialman, the State shall issue a written
order, which shall prevail and be controlling;
h. coordinate and review project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
j. participate in pre-bid and pre-construction conferences; and issue orders as it
deems appropriate regarding construction progress, including but not limited to
Notices to Proceed, Stop Work Orders, and Change Orders;
k. review, approve and maintain record dra�vings.
PART V - Recitals
The State and Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The
power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement.
3. The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors. Such items include, but are not limited to, bid bonds, payment bonds, and
performance bonds. Pursuit and enforcement of contract items may require litigation and
other remedies of law.
4. The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons, which may arise from, or be incidental to, compliance with
this grant agreement.
5. This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or commitment, which the Sponsor
9 of 29
may enter into or assume, or have entered into or have assumed, in regard to the above
project.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
c. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions of
this Agreement. If, however, after all reasonable attempts to require compliance
have failed, the State finds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of
the following remedies: (1) require a refund of any money expended pursuant to
the Agreement, (2) deny Sponsor's future requests for aid, (3) request the
Attorney General to bring suit seeking reimbursement of any money expended on
the project pursuant to the Agreement, provided however, these remedies shall
not limit the State's authority to enforce its rules, regulations or orders as
otherwise provided by law, (4) declare this Agreement null and void, or (5) any
other remedy available at law or in equity.
b. Venue for resolution by a court of competent jurisdiction of any dispute arising
under the terms of this Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties in Travis County,
Texas.
8. The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably denied
or delayed.
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9. This Agreement constitutes the full and total understanding of the parties concerning
their rights and responsibilities in regard to this project and shall not be modified,
amended, rescinded or revoked unless such modification, amendment, rescission or
revocation is agreed to by both parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7
of Article 1 t of the Texas Constitution, if applicable) and to the availability of funds
which lawfully may be applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Title 49 U.S.C., constituting the contractual obligations and rights of the United
States, the State of Texas and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided.
12. The state auditor may conduct an audit or investigation of any entity receiving funds
from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation
in connection with those funds. An entity that is the subject of an audit or investigation
must provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
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Part VI — Acceptance of the Sponsor
The City of Denton, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the foregoing Agreement, and does accept the Offer, and by such
acceptance agrees to all of the terms and conditions of the Agreement.
Executed this S� day of � , 2� �`1 •
The City of Denton, Texas
Sponsor
. / /�1% -
l.
Witness Signature Sponsor Signature
� � • G�ZI�i� � G��
Witness Title
Sponsor Title
Certification of Sponsor's Attorney
I, John M. Kni ng t_, acting as attorney for Citv of Denton �
Texas, do certify that I have fully examined the Agreement and the proceedings taken by the
Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the
Sponsor, is in accordance with the laws of the State of Texas.
Dated at Denton , Texas, this 21 st day of April , 20 09 .
�� �
lLel �.,
Witness Signature Attorney Signature
Administrative Assistant
Witness Title
12 of 29
Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By: �/� f •
David S. Fuiton, Director
Aviation Division
Texas Department of Transportati0�
Date:�l � ��
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ATTACHMENT A
CERTIFICATION OF AIRPORT FUND
The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all
fees, charges, rents, and money from any source derived from airport operations will be
deposited for the benefit of the Airport Fund and will not be diverted for other general revenue
fund expenditures or any other special fund of the Sponsor and that all expenditures from the
Fund will be solely for airport purposes. Such fund may be an account as part of another fund,
but must be accounted for in such a manner that all revenues, expenses, retained earnings, and
balances in the account are discernible from other types of moneys identified in the fund as a
whole.
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The City of Denton, Texas
:
Titl
Date: f� — 3' � Gl
ATTACHMENT B
CERTIFICATION OF PROJECT FUNDS
TxDOT Contract No.: 9XXAV054
TxDOT CSJ No.: 0918DNTON
The Sponsor does certify that sufficient funds to meet the Sponsor's share of project cost as
identified in the Airport Project Participation Agreement for said project will be available in
accordance with the schedule shown below:
SPONSOR FUNDS
Source Amount Date Available
Gas Well Revenue �425,000.00 May 8,2009
T11e Sponsor, has caused this to be duly executed in its name, this S day of
, 20 �
The Citv of Denton, Texas
:
�
Title: IVc G� o � �--�—z.�
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ATTACHMENT C
A. Ceneral.
PART V
ASSURANCES
Airport Sponsors (3-2005)
These assurances shall be complied with in the perfomrance of grant agreements for airport developrrent, airport planning,
and noise compatibility program grsnu for airport sponsors.
2. These assurances are required to be submitted as part of the project Airport Project Participation Agreement (hereinafter
referred to as "APPA") by sponsors requesting funds under the provisions of Title 49, U.S.C., subtide VII, as amended. As
used herein, the term "public agency sponsor" means a public agency �vith control of a public-use airport; Ihe term "private
sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and
private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant
agreement.
13. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The ternu,
conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities
developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20)
years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of
the assurances regarding Exclusive Rights and Aiiport Revenue so long as the airport is used as an ai�port. There shall be no limit on
the duration of the terms, conditions, and assurances with respect to real property acquired �vith federal funds. Furtherrrore, the
duration of the Civil Rights assurance shall be specified in the assurances.
Z. Airport Devclopment or Noise Compatibility Projects Undertaken bp a Private
Sponsor. The preceding paragraph I also applies to a private sponsor except that the useful life of project itetns installed
within a facility or the useful life of the facilities developed or equipment acquired under an airport developrrent or noise
corr�atibiliry program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless othenvise specified in the grant agreement, only Assurances l, 2, 3,
5, 6, 13, I 8, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement
shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
I. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not
limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VI1, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et sea.�
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et se .
d. Hatch Act— 5 U.S.C. I501, et sea?
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Tide 42 U.S.C. 4601, et
se�c.12
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(�.'
g. Archeological and Historic Preservation Act of 1974 - I6 U.S.C. 469 through 469c.�
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq•
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.�
I. Tide 49 ,U.S.C., Section 303, (formerly known as Section 4(�)
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq•
p. American Indian Religious Freedom Act, P.L. 9�-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea•�
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.'
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.'
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.'
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act oP 1984 - 31 U.S.C. 7501, et sea.Z
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Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order I 1246 - Equal Employment Opportunity�
Executive Order I 1990 - Protection of Wedands
Executive Order I 1998 — Flood Plain Management
Executive Order 12372 - Intergovemmental Review of Federal Programs.
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constrvction�
Execu[ive Order 12898 - Environmental lustice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1- Procedures for prede�rmination of wage rates.�
e. 29 CFR Part 3- Contractors and subcontractors on public building or public work financed in whole or part by
loans or grants from the United States.�
f. 29 CFR Part 5- Labor shandards provisions applicable to contracts covering federally financed and assisted
construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours
and Safety Standards Act).�
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and federally assisted contracting requirements).'
h. 49 CFR Part 18 - Unifortn administrative requirements for grants and cooperaave agreements to state and local
govemments.3
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally-assisted prograrrs of the Department of Transportation -
effecwation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvanrage Business Enterprise in Airport Concessions.
I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and feder.tlly assisted
programs.l 2
m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Departrnent of Transportation
Progrartts.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting
from Federal financial assistance.l
o. 49 CFR Part 29 — Govemment wide debarment and suspension (nonprocurement) and govemment wide
requirements for drug-free workplace (granu).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny
procurement market access to U.S. contractors.
q. 49 CFR Part 41 - Seismic saCery of Federal and federally assisted or regulated new building construction.l
O�ce of Management and Budget Ciiculars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and L.ocal Govemments.
b A-133 - Audits of States, Local Govemments, and Non-Profit Organizations
' These laws do not apply to airport planning sponsors.
'' These laws do not apply to private sponsors.
� 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governrrents receiving Federal
assistance. Any requirement levied upon State and Local Govemments by this regulation and circulaz shall also be
applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are inwrporated by
reference in the grant agreement.
Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed
project; that a resolution, motion or similar action has been duly adopted or passed as an official act of Ihe applicant's
goveming body authorizing the filing of the application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the applicant to ac[ in connection with the
appliption and to provide such additional information as may be required.
b. Private Sponsor: It has legal authoriry 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 represen[ative
and shall in writing direct and authorize that person to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project cosu �vhich are not to be paid
by the United States. It has suflicient funds available to assure operation and maintenance of items funded under the grant agreement which it will
oum or control.
Good Title.
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a. It, a public agency or the Federal government, holds good tide, satisfactory to the Secretary, to the landing area
of the airport or site thereof, or will give assurance satisfactory to the Secretary that good tide will be acquired.
b. For noise corry�atibility program projects to be camed 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 wi71 give
assurance to the Secretary that good dtle will be obtained.
5. Preser��ing Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary
to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or clairru of right of others which
�vould interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or othenvise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to Ihis application or, for a noise compatibiliry program project, that portion of d�e 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 po�ver, authority, and financial
resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disp�ing of
the sponsor's interest, and make binding upon the transferee all of the temu, conditions, and assurances contained in this
grant agreement.
c. For all noise corttpatibility program projects which are to be carried out by another unit of local govemment or
are on property owned by a unit of local govemment other than the sponsor, it will enter into an agreement with that
�ovemment. Except as othenvise specified by the Secretary, that agreement shall obligate that govemment to the same
temu, conditions, and assurances that would be applicable to it if it applied direcdy to the FAA for a grant to undertake the
noise corrq�atibility program project. That agreement and changes thereto must be satisfactory ro the Secretary. It will take
steps to enforce this agreement against the local government if there is substantial non�ompliance with the terrru of the
agreement.
d. For noise compatibility program projects to be carried out on privately o��med property, it will enter into an
agreement �vith the owner of that property which includes provisions specified by the Secretary. It �vill take steps to enforce
this agreement against the property owner whenever there is substantial non-corr�liance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than Ihe
sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure [hat the airport will
be operated and maintained in accordance Title 49, United States Code, the regulations and the tertru, conditions and
assurances in the grant agreement and shall insure that such arrangerrent also requires corr�liance therewith.
6. Consistency rvith Locat Plans. The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding
the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near �vhere the project
may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of considering the economic, social, and envirorunental effecu of the airport or
rumvay location and its consistency with goals and objectives of such pl�ning as has been carried out by the communiry and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management
board either voting represaitation from the communities where the project is located or has advised the communities that they have the right to
petition the Secretary conceming a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it
�vill provide for the Govemor 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 corr�ly with applicable air and water qualiry standards. In any case where such standards have not
been approved and where applicable air and water quality standards have been promul�ated by the Administrator of the Environmental Protection
Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided �vithin sixty days
after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a projec[ approved after January I, 1995, for the replacement or
reconstruction of'pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management
program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal
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financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projecu �vhich include terminal development at a public use airport, as defined
in Tide 49, it has, on the date of submittal of the project grant application, all the safery equiprrent required for certification of such aoport under
section 4470G of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the
passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting S}�stem, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records ���hich fully disclose the amount and disposition by the recipient of
the proceeds of the grant, the total cost of the project in connection with which the grant is eiven or used, and the amount
or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to
the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective
audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Corrq�troller General of the United States, or any of their duly
authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the
recipient that are pertinent to the grant. The Secretary rmy require that an appropriate audit be conducted by a recipient. In
any case in which an independent audit is made of the accounu of a sponsor relating to the disposition of the proceeds of a
grant orrelating to the project in connection with which the grant was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later than six (6) rronths following the close of the fiscal year
for which the audit was made.
14. �1inimum �Vage Rates. It shall include, in all contracLS in excess of 52,000 for work on any projects funded under the
grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
I5. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which
im-olve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory
positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined 'm Section 47112 of Title 49, United States
Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment
relates.
16. Conformity to Plans and Specitications. It will execute the project subject to plans, specifications, and schedules
approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site
preparation, construction, or other perfomiance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this
grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at Ihe construction
site throughout the project to assure that the work confomts to the plans, specifications, and schedules approved by the Secretary for lhe project. l�
shall subject the construction work on any project contained in an approved project application to inspection and apprwal by the Secretary and
such work shall be in accordance �vith regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute Ihe project in accordance with the approved program narrative contained in the project
application or with the modifications similarly approved.
b. It will fumish the Secretary with such periodic reports as required pertaining to the planning project and
planning wodc activities.
c. It will include in all published material prepared in connection with the plannino project a notice that the
material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with
funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and othenvise use any of the
material prepared in connection with this grant.
L It will grant the Secretary the right to disapprove the sponsors employment of specific consultants and their
subcontractors ro do all or any part of this project as well as the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the
project.
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h. It understands and a�rees that the Secretary's approval of this project grant or the Secretary's approval of any
planning rtnterial developed as part of this grant does not constitute or imply any assurance or commitment on the part of
the Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and 117aintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other Ihan
facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies
for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with iu use
for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected there�vith, with
due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes
must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying aimxn of any condition affecting aeronautical use of the airport. iVothing contamed herein shall be
construed to require that the airport be operated for aeronautical use during temporary periods when snow, Flood or other
climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring
the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it o�tms or controls upon which
�ederal funds have been expended.
20. Hazard Removal and �1itigation. It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected
by removing, lowering, relocating, marking, or lighting or othenvise 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 nomial airport operations,
includine landing and takeoff of aircraft. In addition, if the project is for noise compatibiliry program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its cort�atibiliry, ���ith respect ro the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable temts and without unjust
discrimination to all types, kinds and classes of aeronautical activities, including comrnercial aeronautical activities
offering services to the public at the airport.
b. In any agmement, 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 en�age in any aeronautical activity for fumishing servioes to the public
at the airport, the sponsor �vill insert and enforce provisions requiring ihe contractor to-
(I ) fumish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjusily discriminatory, prices for each unit or service, provided lhat the
contractor may be allowed ro make reasonable and nondiscriminatory discounu, rebates, or other similar types
of price reductions to volume purchasers.
c. Each fixed-based operator at the aiiport 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 aiiport and utilizing the
same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is
authorized or permitted by the aiiport to serve any air carrier at such airport.
e. Each air camer using such airporl (whether as a[enant, non tenant, or subtenant of another air carrier tenant)
shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals,
and otha charges with respect to facilities directly and substantially related to providing air transportation as are applicable
to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as
tenant or signatory shall not be unreasonably withheld by any airport provided an air camer assumes obligations
substantially similar to those already imposed on air camers in such classification or status.
f. It will not exercise or grant any right or privilege u�hich operates to prevent any person, firm, or corporation
operating aircraR on the airport from performing any services on its own aircraft with its own employees [including but
not limited to maintenance, repair, and fueling] that it may choose to perform.
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g. In the event the sponsor itself exercises any of the rights and privileges referred ro in this assurance, the services
involved �vill be provided on the same conditions as �vould apply to the furnishing of such sen�ices by commercial
aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjusily discriminatory, conditions to be met by all users of
the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given rype, kind or class of aeronautical use of the ai�port if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airpori by a single fixed-based
operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably cosQy, burdensome, or impractical for more than one fixed-based operator to provide
such services, and
b. I f allowing rrore than one fixed-based operator to provide such services would require the reduction of space
leased pursuant to an existing agreement bet�veen such single fixed-based operator and such airport. It further agrees that it
will not, either direcAy or indirecdy, grant or permit any person, firm, or corporation, Ihe exclusive right at the airport to
conduct any aeronautical activities, includin� but not limited to charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertisino and surveying, air carrier operations, aircraR sales and
services, sale of aviation petroleum products whether or not conducted in conjunction �vith other aeronautical activity,
repair and maintenance of aircraR, sale of aircraft parts, and any other activities which because of their direct relationship
to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to
conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United
States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make
the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volurre
of traftic and economy of collection. No part of the Federal share of an airporl development, airport planning or noise corrq�atibility project for
which a grant is made under Tide 49, United States Code, the Airport and Ainvay Improvement Act of 1982, the Federal Airport Act or the
Airport and Ainvay Development Act of 1970 shall be included m the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the ai�port and any local taxes on aviation fuel established after December 30, 1987,
will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and �vhich are directly and substantially related to Ihe
actual air transportation of passaigers or property; or Por 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 o�vner or operator of
the airport, or provisions enacted before September 3, 1982, in goveming statutes controlling the owner or operator's
financing, provide for the use of the revenues from any of the airport o�vner or opaator's facilities, including the airport, to
support not only the airport but also the airport o.vner or operator's general debt obligations or other facilities, then this
limitation on the use of all re��enues generated by the airport (and, in the case of a public aiiport, local taxes on aviation
fuel) shall not apply.
b. As part of the annual audit required under the Sin�le Audit Act of 1984, the sponsor will direct that the audit
will review, and the resulting audit report will provide an opinion conceming, the use of aimort revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the o�vner or operator are paid or Uansferred in a manner
consistent with Title 49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in acwrdance �vith the
provisions of Section 47107 of Title 49, United States Code.
Z6. 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 rmke such reports available to the public; make a��ailable to the public at reasonable times and places a repon
of the ai�port budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the ai�port,
including deeds, leases, operation and use agreemenu, regulations and other inswments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and contmued
compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements,
regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable
request and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public
following each of its fiscal years, an annual report listing in detail:
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(i) all amounts paid by the airport to any other unit of govemment and the purposes for which each such
payment was made; and
(ii) all services and property provided by the airport to other uniu of govemment and the amount of
compensation received for provision of each such service and property.
27. Use by Government Aircratt. lt will make available all of the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for use by Govemment aircraft in corrvnon with other
aircraR at all times without charge, except, if the use by Govemment aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and rreintaining the facilities used. Unless othenvise determined by the Secretary, or othenvise
agreed to by the sponsor and the using agency, substantial use of an ai�port by Govemment aircraft will be considered to exist when operadons of
such aircraft are in excess of those which, in the opinion of the Secretary, �vould unduly interfere with use of the landing areas by other authorized
aircraft, or during any calendar month that —
a. Five (5) or more Govemment aircraR are regulazly based at the airpon or on land adjacem thereto; or
b. The total number of movements (counting each landing as a movement) of Govemment aircraft is 300 or more,
or the gross accumulative weight of Governrr�nt aircraft using the airport (the total movement of Govemment aircraft multiplied by
gross weights of such aircraft) is in excess of five million poimds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Govemment 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 considers necessary or desirable for construction, opera6on, and
maintenance at Federal expense of space or facilities for such puiposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing ( I) boundaries of the airport and
all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by ihe sponsor for
airport purposes and proposed additions thereto; (2) the location and nawre of all existing and proposed airport facilities
and sUVCtures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed
extensions and reductions of existing ai�port facilities; and (3) the location of all existing and proposed nonaviation areas
and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof,
shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. 7'he sponsor will not rrxike or permit any changes or
alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the
Secretary and which rrught, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary deternvnes adversely affecu
the safety, utiliry, or efficiency of any federally o�med, leased, or funded properry on or off the airport and which is not in
conformiry with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the
Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereo� to a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereo� to the level of safety, utiliry, efficiency, and cost of operation existing before the unapproved change
in the airport or iu facilities.
30. Civil Rights. It will corrtply with such rules as are promulgated to assure that no person shall, on the groimds of race,
creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds
received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program,
except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period
during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision
of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the
land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the
proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the
discretion of the Secretary, ( I) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved
noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in
the vicinity of residential buildings orproperty previously purchased by the airport as part of a noise compatibility
program.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will,
when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the
proceeds of such disposition �vhich is proportionate to the United States' share of the cost of acquisition of such land will,
(I ) upon application to the Secretary, be reinvested in another eligible airport improvement project or projecu approved by
the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust
Fund if no eligible project exists.
22 of 29
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for
aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim
uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received
by an aiiport operator or o�timer before December 31, 1987, will be considered to be needed for a'vport purposes if the
Secretary or Federal aeency making such grant before December 31, 1987, was notified by the operator or owner of the
uses of such land, did not objea to such use, and the land continues to be used for that purpose, such use having
commenced no later than December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right
therein necessary to ensure that such land will only be used for purposes which are compatible �vith noise levels associated
with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub-conUact for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or
related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX
of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the
sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses
any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as
denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standazds, and
specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP
projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the
Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent
practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for
necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program of%rine the services described in Subpart C and
fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make
available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercit}� Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses
or other modes of transportation to have access to the airport, ho�vever, it has no obligation to fund special facilities for intercity buses or for
othermodes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or
sex in the award and performance of any DOT-assisted contract or in the administration of iu DBE program or the requirements of 49 CFR Part
26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and
administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated
by reference in this agreement. Irr�lementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation
of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may irr�ose sanctions as
provided for under Part 26 and may, in appropriate cases, refer the matter for enCorcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 198G (31 U.S.C. 3801).
38. Hangar Construction. If the airport o�vner or operator and a person who o��ms an aircraR agree that a hangar is to be
constructed at the aiiport for the aircraft at the aircraft o�vner's expense,lhe airport owner or operator will grant to the aircraft owner for the
hangar a long term lease that is sub}ect to such terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.)
has been unable to accommodate one or more requesu by an air carrier for access to gates or other facilities at that airport
in order to allow the air cattier to provide service to the airport or to expand service at the airport, the airport owner or
operator shall transmit a report to the Secretary that-
1. Describes the requests;
2. Provides an explanation as to why the requests could not be acconunodated; and
3. Provides a time frame within which, if any, the aiiport will be able to acconunodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the aiiport has been unable to
accommodate the request(s) in the six month period prior oo the applicable due date.
23 of 29
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC
APPROVED PROJECTS
Dated: 3/21/2007
View the most current versions of these ACs and any associated changes at .
http://www.faa.qov/airports airtraffic/airports/resources/advisorv circulars/.
NUMBER . - _ . TITL'E`; � . _ . . . . _ � .
70/7460-1 K* Obstruction Marking and Lighting
150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airport Surface Movement Sensors
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-66 Airport Master Plans
150/5070-7 The Airport System Planning Process
150/5200-28C Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30A Airport Winter Safety and Operations
and Changes 1
through 8
150/5200-33A Hazardous Wildlife Attractants On or Near Airports
150/5210-56 Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7C Aircraft Fire and Rescue Communications
150/5210-136 Water Rescue Plans, Facilities, and Equipment
150/5210-14A Airport Fire and Rescue Personnel Protective Clothing
150/5210-15 Airport Rescue & Firefighting Station Building Design
150/5210-18 Systems for Interactive Training of Airport Personnel
150/5210-19 Driver's Enhanced Vision System (DEVS)
150/5220-46 Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B Runway Surface Condition Sensor Specification Guide
150/5220-16C Automated Weather Observing Systems for Non-Federal Applications
150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities
and Change 1
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-19 Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting
Vehicles
150/5220-20 and Airport Snow and Ice Control Equipment
Change 1
150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
24 of 29
NUMBER. �:TITLE. : „ . - .- - : _ . ...� : .-
150/5220-22A Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5300-13 and Airport Design
Changes 1
through 10
150/5300-14 and Design of Aircraft Deicing Facilities
Changes 1
through 2
150/5300-16 General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
150/5300-17 Generaf Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition and Submission to the National Geodetic Survey
150/5300-18 General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-56 Airport Drainage
150/5320-6D and Airport Pavement Design and Evaluation
Changes 1
through 4
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
and Changes 1 Pavement Surfaces
through 8
150/5320-14 Airport Landscaping for Noise Control Purposes
150/5320-15 and Management of Airport Industrial Waste
Change 1
150/5325-46 Runway Length Requirements for Airport Design
150/5335-5A Standardized Method of Reporting Pavement Strength PCN
150/5340-1 J Standards for Airport Markings
150/5340-5B and Segmented Circle Airport Marker System
Change 1
150/5340-18D Standards for Airport Sign Systems
150/5340-30B Design and Installation Details for Airport Visual Aids
150/5345-3E Specification for L821 Panels for Control of Airport Lighting
150/5345-56 Circuit Selector Switch
150/5345-7E Specification for L824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10F Specification for Constant Current Regulators Regulator Monitors
150/5345-12E Specification for Airport and Heliport Beacon
150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits �
25 of 29
150/5345-26C Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D Specification for Wind Cone Assemblies
150/5345-28F Precision Approach Path Indicator (PAPI) Systems
150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F Specification for Obstruction Lighting Equipment
150/5345-44G Specification for Taxiway and Runway Signs
150/5345-456 Low-Impact Resistant (LIR) Structures
150/5345-46C Specification for Runway and Taxiway Light Fixtures
150/5345-476 Specification for Series to Series Isolation Transformers for Airport Lighting
S stems
150/5345-496 Specification L854, Radio Control Equipment
150/5345-50A Specification for Portable Runway and Taxiway Lights
150/5345-51A Specification for Discharge-Type Flasher Equipment
150/5345-52 Generic Visual Glideslope Indicators (GVGI)
150/5345-53C Airport Lighting Equipment Certification Program
150/5345-54A Specification for L-1884 Power and Control Unit for Land and Hold Short
and Chan e 1
150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56 Specification for L-890 Airport Lighting Control and Monitoring System
ALCMS
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12D Airport Signing and Graphics
150/5360-13 and Planning and Design Guidance for Airport Terminal Facilities
Chan e 1
150/5370-2E Operational Safety on Airports During Construction
150/5370-106 Standards for Specifying Construction of Airports
150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-26 Heliport Design
150/5390-3 Vertiport Design
150/5395-1 Seaplane Bases
26 of 29
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY Dated: 3/21/2007
� - - ., --
NUMBER � �.TITLE ` ' � .
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
150/5100-15A Civil Rights Requirements for the Airport Improvement Program
150/5100-17 and Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes 1 Assisted Projects
through 6
150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300-15 Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 Ai�eld Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-6B Construction Progress and Inspection Report—Airport Grant Program
150/5370-11A Use on Nondestructive Testing Devices in the Evaluation of Airport
Pavements
150/5370-12 Quality Control of Construction for Airport Grant Projects
150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-7A Airport Pavement Management System
150/5380-8 Handbook for ldentification of Alkali-Silica Reactivity in Aifield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY Dated: 3/21/2007
. ,,�
' •.^y �. . , �,
NUMBER :TITL'E .. � . � •:� �"". '
r
150/5000-12 Announcement of Availability—Passenger Facility Charge (PFC) Application
(FAA Form 5500-1)
27 of 29
ATTACHMENT D
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring
in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of such
notices. Notices shall include the identification number(s) of each affected grant;
( fl Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including terminarion, 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 rehabilitarion 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 implementarion of
paragraphs (a), (b), (c), (d), (e), and (�,
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)
�: //� �
Check j�f'tl�ere are�,work�laces on fil�that are not identified here.
�
Typed Name and Title of Sponsor Representative
Dated: G � /4 -U�
28 of 29
�3 d Lf/LG6S
:.�� ..
ATTACHMENT E
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be
followed to assure that proper pavement maintenance, both preventative and repair, is performed. An
airport sponsor may use any form of inspection program it deems appropriate. The program must, as a
minimum, include the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
a. location of all runways, taxiways, and aprons
b. dimensions
c. type of pavement
d. year of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances, pavements that have been
constructed, reconstructed, or repaired with Federal financial assistance shall be so depicted.
2. Inspection Schedule.
Detailed Inspection. A detailed inspection must be performed at least once a year. If a
history of recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI)
survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for
Maintenance of Airport Pavements, the frequency of inspections may be extended to three
years.
b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per
month to detect unexpected changes in the pavement condirion.
3. Record Keeping. Complete information on the findings of all detailed inspections and other
maintenance performed must be recorded and kept on file for a minimum of five years. The types of
distress, their locations, and remedial action, scheduled or performed, must be documented. The
minimum information to be recorded is listed below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate,
so long as the information and records produced by the pavement survey can be retrieved to provide a
report to the FAA as may be required.
5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of
Airport Pavements, for specific guidelines and procedures for maintaining airport pavements and
establishing an effective maintenance program. Specific types of distress, their probable causes,
inspection guideline, and recommended methods of repair are presented.
29 of 29
� : - .
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT CSJ No.: 0918DNTON
TxDOT Project No.: AP DENTON 12
TxDOT Contract No. : 9XXAV054
Commission Approval: February 26, 2009
NPE Funds Applied:FY06, FY07, FY08, FY09
C.F.D.A.:20.106
Amendment No. O l 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 T�OT CSJ Number 0918DNTON, executed by the Sponsor on
June 5, 2009, and by the State on June 11, 2009, for the development of the Denton Municipal
Airport, hereinafter referred to as the "Airport".
The project is described as construction services to: extend and mark Runway 17-35;
extend parallel taxiway, medium intensity runway edge lights, medium intensity taxiway lights;
expand run-up area; upgrade and relocate medium intensity approach lighting system with
runway alignment indicator lights and precision approach path indicator-r Runway 17; replace
visual approach slope indicator with precision approach path indicator-4; fencing and install
three security gates; declared distance signs; relocate glide slope/localizer antenna and MOA
with FAA at the Denton Municipal Airport.
It is in the mutual interest of the Sponsor and the State to decrease the grant total and
increase the local amount to include 100% funding for utility work.
Part II - Offer of Financial Assistance, as changed by Amendment No. estimates total
project costs to be $8,500,000; and financial assistance is currently limited to $8,075,000 in
federal funds and $425,000 in local sponsor funds.
The following amendment to the Airport Project Participation Agreement shall become
Page 1 of 4
� � �1
effective upon execution of this Amendment by the Sponsor and the State.
The Airport Project Participation Agreement is amended as follows:
1. On Part II, Item No. 2 of the Agreement, change Amount A, estimated total construction
costs, and any further references in the Agreement to Amount A, to $7,229,330.00.
2. On Part II, Item No. 2 of the Agreement, change Amount B, estimated consiruction costs
eligible for federal financial assistance, and any further references in the Agreement to Amount
B, to $6,840,918.00.
3. On Part II, Item 3 of the Agreement, change Amount C, the maximum obligation of the
United States payable under this offer, and any further references in the Agreement to Amount
C, to $6,498,872.00.
4. On Part II, Item 4 of the Agreement, change Amount D, Sponsor's share of the estimated
construction costs, and any further references in the Agreement to Amount D, to $730,458.00
with $388,412 being 100% funding..
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
This Amendment to the Airport Proj ect Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this �� day of %���- y , 20/ c7
�
Witness Signature
The City of Denton, Texas
Sponsor
��ci�� ,��-
� Sponsor Signature
/j � � `�
/�ri� � �l% ���� � /1������'-%%o �/>�z�z. �;
Wi ness Title Snonsor Title
Page 2 of 4
j` t. �-!
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission. .
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By: .
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date: � �( (� �
Page 4 of 4
SUPPLEMENTAL AGREEMENT NO. O1
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No. 0918DNTON;
CONTRACT NO. 9X2AV454
On June 2, 2010 a contract was entered into , by and between the City of Denton, hereinafter
called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter
called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more
fully described in the Contract Documents.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $5,944,010.50.
In compliance of General Provisions, Section 40-04, Extra Work, it is deemed necessary to
arnend the contract documents to add work items as described below.
WORK:
It is hereby agreed between the parties hereto that the following item be added to the contract:
Item Est. Unit Item Unit Price Total
Number Qty Amount
L-110 1185 LF Trench And Install 4" Sch. 40 conduit i e $12.00 $14,220.00
JUSTIFICATION:
During construction a utility line was discovered that needs to be relocated in order to proceed with the
project.
CONTRACT PRICE:
The Contractor agrees to perform all the work described in the Contract Documents for a sum.not
to exceed $5,958,230.50. This price shall be full compensation for all labor, materials,
equipment and incidentals necessary to complete the work as described in the plans and
specifications.
It is further agreed, that no other provisions of the contract, plans, specifications or special
provisions shall be changed by this agreement.
Page 1 of 3
In, witness whereof, the parties hereto have executed, or caused to be executed by their duly
authorized officials this agreement, in triplicate, each of which shall be deemed an original on the
date first written above.
CONTRACTOR
By:
Date: O � � � ' �-� � �
Title: U i c �P !k-��d ¢�i '�Q J2� PuD�c--w ,
(Name of Firm
THE STATE OF TEXAS
COUNTY OF
JAGOE PUBLIC CO.
P. O. Box 25�
DENTON, TX 76202
(Address)
(City, State, Zip Code)
%�t� - 3g Z -2 S"� �
(Phone Number)
Before me, the undersigned authority, on this day personally appeared ,
known to me to be the Contractor named in this contract, and is the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she has authority to
execute and has executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this I� day of S , A.D. 20 I U.
�
f,.•..,...��CRYSTiAI BA►'REN ZIPPER
�rpY p4.
;,�;� �� NOTARY PUBUC
:.�g; ;f�'�Y,r� � State M Texas
.''F oF �' Comm. Exp. 06-21-2014
G' ^
,
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ta Pub ic, ta e of Texas
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(Printed or typed me)
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My Commission expires
Page 2 of 3
Si7RETY APPRQVAL
Federal Inaurance Company
(Firm 1Vame)
Bq:-�l
(Attorney-�n-
Cynthia Wataon Fowler
(Printed or Typed Naxa�e)
Auguat 13th, 2010
Date
ACCEP�',A�.NCE SY T�3E STATE
Execufied by and approved for the Te�as Transportation Cornm.isszon, agent for the Sponsor, for
the putpose and effect of activating and/or carryi�g out the orders, established policies, or work
programs heretofore appxoved ar�d authori�ec� by the Texas Transportation Commissian.
B�+: � Date: d'-ao / D
Page 3 of 3
� Chubb P�W�� Federai Insurence� Company Attn; Surety I�epartment
Q� wgilan� Insurance Cotnpany '15 Mountein View Raad
��r��Y A7i0RN�Y p����� Indemnity Comp�ny Warren, NJ 07059
CF#LJ�B1C3
Knaw Ail by These Presents, 7f►at FEDERAL 1NSUAAFlC� COMPAI�Y, an Indfana corporafion, VIGILANT INSI3RANCE
CQMPANY, a Naw Yark corporatian and PAC F1C DEMNITY CDMPAIVY, Wisoonsin co rat on, do e h hereby constitut and
a�point l.isa M. Bo�not Don �. Cor e�l, C�ristine 13avis C nt�l� Wa�san�ow�er, #to��ai Marales, l.u�Ce J.
olan, Jr., Ricar a J. keyna,,lerry�. Rose and Beverly M.�f'rim fe of Dal as, Texas -------------•--------------•----•-
eac}� as ti50ir true and lawtul Ariorney- In-Fact to executa under sueh desEgnatlon In Ihelr nemas and to atfuc their coiporate seals to and dafivertor and on lhelr hehalf as surely
lhareon ar ntherMSe, bond3 and undertaking8 and olhar xrtilings obllgalory In �he naiure lhereqf {othar then ball bands) gNen w execuled (rt die course ol buslness, and any
fnsi�umants emanding oraftedng the same, and consents tolha madlfiCaifon or afteratlon oi any Inshument refanetl tO ln seid bonds w oblVgatlqns.
In Witness Whereof, seid �BDEFtAL INSURAHC£ COMPANY, YIQILANTIN5URANCE COMP/4NY, and PACIFIC IMDEMNITY COMPANY have each executed and attestad
�hesa presents and alflxed Ihetrcorparale seafs on Ihfs 2 5th �y a� J u n e, 2 0�! 0.
��..� ,� �. � �
Dawn M. Gh oros, Assislant Seci'efary D rds, Jr., Vlce prestd
STATH OF NEW JERSEY
Counry of Somerset ss.
bn 1Ms 2�til da„� � u n e, � � 7 0 before me, a Nofary Publlc of NewJarsey, personally cams pavm M. Chloros, to me
known to be Asslstant Secrefary af FEOERAL 1NSUHqNC� CqMPANY, VIGIIANF 1NSURANCE COMPAdJY, and PACIPiC INI?EMNtTY COMPAlVY, the companies whkh
exeeuled the (oragoing Powar pf ARomay, and the safd Dawn M. Chloros, being 6y ma du�y swqm, dld depp5a dnd 5sy l�al he is AssistanE 5ecretary of FEDEqAL INSUAAi+ICE
CDMPANY, VIGILANT INSiJRAt�CH COMPANY, and PACIFJC INDEMNfTY ODMPANY and knews the corparate seals thereol, that Ihe seals affixed to the toregoing Pomer of
Attornay are such corpora�e seals and were thereto affixad by authvdty qi tha dy t,atvs oi safd Companies and fhat he aigned sald Power of Attomey ds Asslstant S�relsry of
sald Gompanles by Ilke auihoriry; and that he Is a�quvnled wllh pa��d B. iVortis, Jr., �nd kriows hfrr� to be V�e Presfdenl of sak{ Companles; and that the slgnqtufe of Davtd B.
Norrfs, Jr., aubscribed to sald Power ot Aqomey ls In lhe genuine hendwriling ot Davld B. Norrls, Jr., a�d w,�s �hetelo suh59Abed by aulho�ityof safd 6y- laws end In depnne�Ps
presence,
NotadaE Seal KATiiERjNE 1. ,qQ��,qq� �
� �f4TARY PUBLIC DF NEW JEkSFI L�����,y�'� �
'��j hJ�• �316b85 ��'/G7.r1+r
y*�4�C►� Commfsi(on taqsjr8a luiy ih, 7q�q '`��
M�+#��,/
otary Publ�
. CERTIFICAT1pN
Extract Irom 1ha By- Laws oF FEUERkI IfYSURANCE COMPANY, ViGI1.ANT ITJSURANCE COMPANY, end PACIFTC ifJD�MNITY COMPANY:
"All powers of attomey 1or and on belfall of th� Campany may and shatl he execuled In Ihe nams and on behalf of Ihe Compaoy, ellher by tha Chalrman or ihe
PresldenR or a Vtce Presfdent or an Assistant Vlce President, Jol�tiy wllh the SectAtary or an Asslsiant Secretery, und0� ihelf respective deslgnaflons. Tha
sfgnature oE suah ofNaers may bs engraved, prinled or lithographed. 7he efgnatura of each of the tollowing ofRCers: Chairmen, Poesident, any Vice pr�$IdeAt, eny
Asslstartt Vice Presfdenf, any Seorelary, any Asslslant 3ecretary and Ihe seal oi Ehe Compeny mey be eHixed hy IaeslmUa to aay paxer ot al}omey or to any
cerllflcata reletlng thereto appolnUng Assfstanl5ecrstarfeg or Attomeys- iM1- FaCt iw purposes anly of execudng and attesling 6ond5 and undertakings and olt,er
wrilfngs obElgatwy In the nalurA lheraot, and any suph power of anomey or certi0eate haaring SuGs facslmilg signalure or 18csim8e seal shail be valid and bznd{ng
upon the Gompany and any sueh power so axecuted and certlNed �sy such faesirnile slgnature and }acsimile seal shatl ba valSd aed binding upon lhe Company
S�titB respect to any bond ar undertaking to w►�loh iF Is pnached•'
1, Dawn M. Chloras, Assisteot Secretary of FEDERAL INSURANC� COMPANY, VIQILAMT INSUAAiJCH C�MPANY, enB PACI�9C INO�NINiTY CQMPANY
[the "Companies'� do hereby oertlfy that .
(!) the laregoing extract of the ey- taws of thQ Companies is true and wrrect,
(ii) the Companles are daly Ilcenaed and auNorized fo Iransacl surety 6uslness In a1150 0l the United 5lales oi America end the blsGid of Columbla and ara
authorixad qy th9 U.S. Treaseuy DeparlmeM; further, Federaf and �gilant are Ilcensed ln puerto Rlen and tha U.3. Virgin Islands, and Federal is Ilcensed In
Ameriean Samoa, Ouam, and 6aoh of Ihe Pfoulnces of Canada ex�ept Pdnc� EdWard �siand; and
�ilij !Ao loregoing Power of Attomay Ig lme, cnrtecl and In full lorCe aod effect.
Given under my hend and seals of sa(d Compantes at Warree, NJ ihls AuguS t 13 th , 2 O 10
V S y�N
� ��o�a �'s�"� � � ��0;
�y �� �
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N� b � �� � u� �
9VDIAH�` �'h � '�tW YOB'�' :
Davm M, Chlpras, psslslant 56Cratdry
!N T�IE E1/ENT YOE� WISH i0 N071F`! US O� A CLA1M, V�RIFY THE AUTHENi1C17Y OF THIS BONp OR NOTIFY US OF ANY OTH�R
MATT�l�, PLEASE CONTACT U8 Ai' ADDA�SS USiED ABOVE, OR BY Telephotle {9p8} 9p3• 3493 Fax (9Q8) 9Q3- 3656
Form iB-td- 02258• U�(Ed. 5- 03) CONSENT
Re: Bond No. 8219-12-38
SUPPLEMENTAL AGREEMENT NO. 02
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No. 091.8DNTON;
CONTRACT NO, 9X2AV054
On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter
called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter
called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more
fully described in the Contract Documents. Supplemental No. 1 was executed for additional
worlc on August 20, 2010.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $5,958,230.50.
In compliance of General Provisions, Sections 40-02, Alteration of Work and Quantities, and
40-04, Extra Worlc, it is deemed necessary to amend the contract documents to adjust quantities
and add worlc items
WORK:
It is hereby agreed between the parties hereto that items be modified and added to the contract as
described in Attachment A, attached hereto and made a part of this Agreement, in the total
amount of $64,243.58.
JUSTIFICATION:
The items specified
specifications.
in this Supplemental Agreement are being modified to meet current FAA
CONTRACT PRICE:
The Contractor agrees to perform all the work described in the Contract Documents for a sum not
to exceed �6,022,474.08. This price shall be full compensation for all labor, materials,
equipment and incidentals necessary to complete the work as described in the plans and
specifications.
It is further agreed, that no other provisions of the contract, plans, specifications or special
provisions shall be changed by this agreement.
Page 1 of 3
In, witness whereof, the parties hereto have executed, or caused to be executed by their duly
authorized officials this agreement, in tri lip cate, each of which shall be deemed an original on the
date first written above.
CONTRACTOR
�aJco�- f"�,c�l/�c Co,
By: �
Date: �Z - Z� -- ��
Title: V t�.� P< r.�o�e►J�
(Name of Firm)
THE STATE OF TEXAS
COUNTY OF J�pv►�I-pn _
� � ►
..
(Address)
,ZSa
�c� +� , �ex�s 7 � � �
(City, State, Zip Code)
��� - �� g- ���
(Phone Number)
Before me, the undersigned authority, on this day personally appeared R; �� ��n.ee k.,,];••,
known to me to be the Contractor named in this contract, and is the person whose name is
subscribed to the foregoing instrument and acicnowledged to me that he/she has authority to
execute and has executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 2� day of �C . , A.D. 20j O.
,�.�,..�.►.�..�.
: a PY� p�,B�ti GRYSTAL BATTEN ZiPPER
' _' " "" �" ' NC?TARY PUBLIC
i'9��''�� 't �'t Stete of TexBs
''� oF.:��'� +c(;nmm. Exp. 06-21-2014
� �
��
ota ` Public, Stat of exas
�n,�S���.l Z���.�
(Printed or typed name)
�� u�--�-.�'-.-���I �
My Commission expires
Page 2 of 3
SURETY APPROVAL
Federal Insurance Company
(Firm Name)
BY� � i�
(Attorney-In-Fact)
Connie Jean Rregel
(Printed or Typed Name)
Januarp 3, 2011
Date
ACCEPTANCE BY THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies, or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By: � Date: /' � — //
Page 3 of 3
�Chubb �'OWER Federal insurance Company Attn: Surety Department
OF Vigilant Insurance Company 15 Mountain View Road
Surety ATTORNEY pacific indemnity Company Warren, NJ 07059
CHIJBB
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporatfon, VIGILANT INSURANCE
C�MPANY, a tVew York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and
appoint Connie Jean Kregel and �effrey Todd Mclntosh of Richardson, Texas ----------------------------------------------------------------------
each as their frue and lawful AHorney in- Fact to execute under such designatlon In their names and to affix their corporate seals to and deliver for and on thair behalf as surety
thereon or otherwise, bonds and undertakings and other wrltings obligatory in the nature thereof (other than hall bonds) given or execuied in the caurse of 6usiness, and any
instruments emending or altering the same, and consents to the maditicatlon or alteratlon of any fnstrument referred to in sald bonds or obligatlons.
In Witness WhereM, safd FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and aHested
these presents and afffxed thelr corporate seals on this 7th day oi �U�y, 2�j �.
� ,� �
� �
Kenneth C. Wendel, Assis ent Secretary Davi ortis, Jr., Vlce Pres
STATE OF NEW JERSEY
ss.
Caunty of Somerset
On this 7th day of JU�y, 2�1 � before me, a Notary Pu61ic of NewJersey, personally came Kenneth C. Wendel, to me
known to be Assistant Secretary of FEDERAL INSLIAANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNIN COMPANY, Ihe companies which
executed the foregoing Power of Attomey, and the safd Kenneth C. Wendel, being by me duly sworn, did depose and say that he IS Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNIN COMPANY and knows the corporate sea�s Thereof, that the seals affixed to ihe
foregoing Power of Attorney are such corporate seals and were thereio afffxed by authority of the By Laws of said Companies; and that he signed said Power of Attomey as
Assistant Secretary of said Companies by like authority; and that t�e is acquainted alth David B. Narris, Jr., and knows him to be Vice President ot safd Companies; and that the
signature oi David B. Norris, Jr., subscribed to seid Power of Attarney Is in the genuine handwriting of David B. Norris, Jr., and was ihereto subscribed by authortty of said By-
Laws and in deponent's presence.
Notarial Seat
KATHER{NE J. ADEIAAR ,� G�G`'""'� �^i�%�C���—'
,�� tdOTARY PUBLIC OF NEW JEkSPI
� Nc.2316685
���p Commiuion Expires luly 1 S, 2Oi a Notary Pubifc
N�yy�Q•°�� CERTIFICATION
Extract from iha By- Laws o RAL INSURANCE COMPANY, VIQILANT fNSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"All powers of attomey for and on behaif of the Company may and shall be exeouted in the name and on behalf af the Company, elther by ihe Chalrman or the
President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Asslstant Secretary, under thelr respective designetions. The
signature of such offlcers may be engraved, printed or Ilthographed. The signature of each of the following oKicers: Chefrman, President, any Vice President, any
Assistant Vice President, any Secretary, any Assistant Secretary and the seal oi the Company may be afflxed by facsimile to any power of attorney or to any
certlflcate relating thereto appointing Asslstent Secretarles or Attorneys- in- Fact for purposes only of executing and attesting 6onds and undertakings and other
writings obligatory in the nature thereof, and any such power of attorney or certilicate bearing such tacsimila signature or facsimile seal shall be valid and binding
upon the Company and any such power so executed and certifled by such facsimlle signeture and facsimile seal shall be valid and binding upon the Company
with respect fo any bond or undertaking to which tt Is attached:'
1, Kenneth C. Wendel, Asststant Secretary of FE�ERAL INSURANCE COMPANY, VIGILANT 1NSURANCE COMPANY, and PACIFIC INOEMNI7Y COMPANY
(the "Companies") do herehy certify that
(I) the foregol�g extract of the By Laws of the Companies is true and correct,
(il) the Compenies are duly licensed a�d authorfzed to transact surety business in all 50 of the Uniled States of America and the District of Columbia and are
authoMzed by the U.S. Treasury Departmerrt; further, Federal and Vigilant are Iicensed in Puerto Rica and the U.3. Vfrgin Islands, and Federal is Ifcensed in
Americen Samoa, Quam, and each of the Provinces of Canada except Prince Edward Island; and
(ili) the foregoing Power of Attorney is true, correct and in full force and effect.
Given under my hand and seals of said Companfes at Warren, NJ this January 3� 2� 11
�p �.u�+uon �`ps�'�NC�
� �O� .�` � �L
—*° is r�
•
v'+; ti * �ot� �a i
yyOUl1� N�� ~lW1fG��l-
enneth . endel, sistant Secretary
IN TNE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER
MAITER, PLEASE CONTACT US A7 ADDRESS LISTED ABpVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 365fi
� e-mail: sure �chubb.com
Form 15-10- 0225B- U(Ed. 5- 03) CONSENT
� %il � l� r� .,' r� �=t
��: �����= �����.��r:=�E-_.
JAGOE-PU�LIC C'O.
Hot Mix Asphalt Produclion, Sales & Road Conslruction
.Since ]923...
4s\r�,ii Na�f�
�"I !s
� n
� �� �
�6��/ N�� �O
3020 Ft. Worth Dr. P.O. Box 250 Denton, TX 76202 Main #(940) 382-2581 Fax #(940) 382-9732
DENTON AIRPORT CHANGE ORDER #2
1212of10 RunwaylTaxiway Extension and RSA Grading
TxDOT CSJ No. 0918DNTON
ADJUST SUPPLEMENTALC/O#2
QTYS (PAPI QUANTITY ADJUSTMENT}
5.02 L-110-5.5.1 494 LF TRENCH, BACKFILL, AND COMPACT 6" WIDE TRENCH $ 3.10 $ 1,531.40
5.03 L-1i0-5.2.2 1,Y74 LF INSTALL 2" SCH 40 PCV C�NQUIT IN TRENCI-f $ 1.60 $ 1,878.40
5.04 L-108-5.4.1 2,024 LF INSTALL #6 AWG BARE CU GUARD WIRE IN TREtJCN $ 1.30 $ 2,631.20
5.05 L-108-5.3.4 4,128 LF INSTALL #8 AWG TYPE C, 5KV CABLE IN DUCT $ 1.00 $ 4,128.00
PAPI ADJUSTMENTS BASED ON CFfANGE Il�f QUANTITIES $ 10,169.6D
PAPI ADD ITEMS
1.00 L-108 12 EA PULL BOXES $ 800.00 $ 9,600.00
2.00 L-110 220 LF 4" RIGID HDPE CONDUIT BORED UNDER EXIST PVMT (ITEM 4.16) $ 37.00 $ 8,140.OD
PAPI A�JlJSTMENTS BASED ON A�DED QUANTkT1ES $ 17,740.00
(MALSR QUANTITY A�JUSTMENT}
S AND i STALL EW MG-20 !R S PPOR S WIT FAA SU L ED
4.06 ALS-6 -1 EA PAR-56 FLASHER AND FLASHER CONTROL UNIT $ 10,500.00 $ (10,500.00)
4.13 ALS-11 -8 EA INSTALL NEW VENT/DRAIN FOR UNDERGROUND C�NDUIT SYSTEM $ 400.00 $ (3,200.00j
4.17 L-110-5.5.1 -1,547 LF TRENCH, BACKFILL, AND COMPACT G" WIDE TRENCH $ 3.00 $ (4,641.0�)
4.18 L-110-5.5.2 707 LF TRENCH, BACKFILL, AND COMPRCT 10" WIDE TRENCH $ 4.00 $ 2,828.00
4.20 L-110-5.2.2 2,061 LF INSTALL 2" SCH 40 PCV CONDUIT I�i TRENCFi $ 1.65 $ 3,400.65
4.22 L-108-5.3.8 -840 LF INSTALL #1/0 AWG BARE CU GUARD WIRE IN TRENCH $ 3.10 $ (2,604.00)
4.23 L-108-5.3.8 -1,260 LF INSTALL #1/0 AWG, 600V, THWN CABLE IN QUCT $ 3.10 $ (3,906.00)
424 L-108-5.3.7 1,268 LF INSTALL #2 AWG, 600V, THWN CABLE IN DUCT $ 3.00 $ 3,804.0�
4.25 L-108-5.3.6 394 LF INSTALL #4 AWG, 600V, THWN CABLE IN DUCT $ 2.10 $ 827.40
4.26 L-108-5.3.5 1,006 LF INSTALL #6 AWG, 600V, THWN CABLE IN DUCT $ 1.90 $ 1,911.40
4.27 L-108-5.3.4 -1,418 LF INSTALL #8 AWG, 600V, THWN CABLE IN DUCT $ 1.60 $ (2,268.80)
4.28 L-108-5.3.3 -2,766 LF INSTALL#10AWG, 600V, THWN CABLE IN DUCT $ 1.10 $ (2,382.60)
4.29 L-108-5.3.2 2,668 LF INSTALL#12 AWG, 600V, THWN GABLE IN DUCT $ 1.00 $ 2,668.00
INSTALL 12 PAIR, #i9 GA.,INDft/IDUALLY SHIELDED, GEL FfLLED REA,
4.30 L-108-5.3.2 -506 LF UNDERGROUND TELEPHONE CABLE IN DUCT $ 4.20 $ (2,125.20)
TOTAL MALSR ADJUSTMENTS BASE17 ON CHANGE IN QUANTITIES $ (16,188.15)
MALSR ADD ITEMS
1.00 L-108 5,972 LF #2JOAWG,6DOV,THWN CABLE IN DUCT $ 4.A0 $ 26,276.80
1.01 L-108 400 LF TRENCH, BACKF{LL & COMPACT 12" WIDE X 24" DEEP $ 4.00 $ 1,600.00
1.02 MALSR -45 EA PAR-38120V WATT SYLVRNIA SPOT LAMPS $ _ g _
1.03 MALSR 18 EA 2" FRANGIBLE COUPLfNGS $ 42.00 $ 756.00
1.04 MALSR 18 EA VEGA BASE PLAT SK-1020-12 $ 160.00 $ 2,880.00
1.05 MALSR 1 EA INSTALL JAQUITH FLASHER BRKT & JCT BOX A-L5017 ON STA 1400 $ 1,582.40 $ 1,582.40
1.06 L-110 1,493 LF 3" SCH 40 PVC CONDUIT $ 3.50 $ 5,225.50
1.07 L-110 40 LF 1.5" PVC COATED GALVANIZED RIGID STEEL CONDUIT $ 17,10 $ 684,00
1.08 PLANS 1 EA GROUND ACCESS WELL $ 325.00 $ 325.00
1.08 PLANS 15 EA 3/4",10FT CU CLAD GRND ROD INST & EXOTHERMICALLY BONDED $ 86.00 $ 1,290.00
1.10 MALSR -18 EA 180 WAT, 27.3 VOLT TRANSFORMERS � g _ � _
2 EA 24" X 36" PULL BOX W/ STEEL COVER (NOT LISTED) $ 2,415.00 $ 4,830.00
MALSR ADJUSTMENTS BASED ON ADDED 4UANTITIES $ 45,449,70
MATERIALS PURCHASED BY EA5 CONSTRACTING & UNFiETURNABLE- DELNER TOOWNER -
DELIVER TO THE OWNER MG-20 LIR SUPPORT MRTERIALAS ORIGINALLY
4.06 ALS-6 1 EA PURCHASED FOR STA.2400 SINCE IT {S NOT RETURNABLE $3,93729 $ 3,937.29
4.30 L-108-5.3.2 506 LF DELIVER TO OWNER 506 LF OFABOVE UNRETURNABLE CABLE $1.06 $ 536.36
DELIVER TO OWNER 45 EA PAR 38 120V 120 W SYLVANIA SPOT LAMPS AS
1.02 MALSR 45 EA THEYARE NOT RETURNABLE $0.00 $ -
DELIVER TO OWNER 18 EA 180 WATT, 27.3 VOLT TRANSFORMERS AS THEY
1.10 MALSR 18 EA ARE NOT RETURNABLE $144.41 $ 2,599.38
TOTAL COST OF MATERIALS PURCHASED BY EAS 8 UNRETURNABLE - DELIVER TO OWNER $ 7,073.03
TOTAL AMOUNT GHANGE �RDER #2 $ 64,243.58
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally and State Assisted Airport Development)
TxDOT CSJ No.: 0918DNTON
T�OT Project No.: AP DENTON 12
TxDOT Contract No. : 9XXAV054
Commission Approval: February 26, 2009
NPE Funds Applied: FY06, FY07, FY08, FY09
DUNS: 071380190
C.F.D.A.:20.106
Amendrnent No. 03 to the Agreement
Part I- Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas
Deparfinent of Transportation, hereinafter referred to as the "State," have entered into an Airport
Project Participation Agreement TxDOT CSJ Number 0918DNTON, executed by the Sponsor on
June 5, 2009, and by the State on June 11, 2009, for the development of the Denton Municipal
Airport, hereinafter referred to as the "Airport".
The project is described construction services to : extend and mark Runway 17-35;
extend parallel taxiway, medium intensity runway edge lights, mediuxn intensity taxiway lights;
expand run-up area; upgrade and relocate medium intensity approach lighting system with
runway alignment indicator lights and precision approach path indicator-R Runway 17; replace
visual approach slope indicator with precision approach path indicator-4; fencing and install
three security gates; declared distance signs; relocate glide slope/localizer antenna and MOA
with FAA at the Denton Municipal Airport.
It is in the inutual interest of the Sponsor and the State to include state fmancial
assistance.
Part II- Offer of Financial Assistance, as changed by Amendment No. 02 , estimates total
project costs to be $7,229,330; and financial assistance is currently limited to $6,498,872 in
federal funds and $730,458 in local sponsor funds.
Page 1 of 3
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendment by the Sponsar and the State.
The Airport Project Participation Agreement is amended as follows:
1. Replace Part II, Item No. 2 of the Agreement with: It is further estimated that
approximately $6,840,918 (Amount B) of the project costs will be eligible for federal and state
financial assistance, and that federal and state financial assistance will be for ninety-five percent
(95%) of the eligible project costs. Final determination of federal and state eligibility of total
project costs will be determined by the Stat in accordance with federal and state guidelines
following coinpletion of project.
2. On Part II, Item 3 of the Agreement, change Amount C, the maximum obligation of the
United States and State Treasury payable under this offer, and any further references in the
Agreement to Amount C, to $6,498,872 .
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
This Amendment to the Airport Project Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this �i� day of J u �- , 20�.
The Citv of Denton, Texas
Sponsor
,/7
�,,
G . / �
Witness Signature Sponsor Signature
/�' l�lr � ��� �� !/i 2EZ�� d � �2 �j1✓S(7d���j�
W' ness Title Sponsor Title
Page2of3
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By. �
aCari Campbell, Dit�ec�or og Qrants
Aviallon Divlsio�
°fexas Departmertt of Transportation
Date:
Page 3 of 3
SUPPLEMENTAL AGREEMENT NO. OS
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
T�OT CSJ No. 0918DNTON;
CONTRACT NO. 9X2AV054
On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter
called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter
called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more
fully described in the Contract Docwnents. Supplemental Agreements l, 2, 3, and 4 were
executed for additional work.
The contractor agreed to perform a11 the work described in the Contract Documents for a sum not
to exceed $6.083,824.93.
In compliance of General Provisions, Sections 4�-04, Extra Work, it is deemed necessary to
amend the contract documents to add the work item listed below
woRx:
It is hereby agreed between the parties hereto that the following item be added to the contract:
Item Quantity Unit Description unit total
cost cost
1.19 6272 TON Bonus ment 1�6% for P-401 �22 955.52 $22,955.52
TOTAL CHANGE $22,955.52
JUSTIFICATION:
Contractor achieved 106% pay for the P-401 Asphaltic Concrete placed at the Denton Municipal
Airport.
CONTRACT PRICE:
The Contractor agrees to perform a11 the work described in the Contract Documents for a sum
not to exceed �6,106.780.45. This price sha11 be fu11 compensaiion for all labor, materials,
equipment and incidentals necessary to complete the work as described in the plans and
specifications.
It is further agreed, that no other provisions of the contract, plans, specifications or special
pravisions shall be changed by this agreement.
Page 1 of 3
In, witness whereof, the parties hereto have executed, or caused to be executed by their duly
authorized officials this agreement, in triplicate, each of which sha11 be deemed an original on
the date first written above.
CONTRACTOR .J'A 6 0E - t�� 8� iC.. Cor•.�A n� �
gy: �D. /�ox. ZS �
(Address)
Date: �ly /l, z� �l
Title: ��riL — �•� ts�' Da�✓ Y
(Name of Firm)
TI� STATE OF TEXAS
COUNTY OF �E �/T'a �
�€..✓ ror✓ . �L�-s %6 zc U
(City, State, Zip Code)
�'�- 38z- zs�l
(Phone Number)
Before me, the undersigned authority, on this day personally appeared � J•
known to me to be the Contractor named in this contract, and is the person whose name is
subscribed to the foregoing instrument and acl�owledged to me that he/she has authority to
execute and has executed the same for the purposes and consideration therein ea�pressed.
Given under my hand and seal of office this � day of A.D. 2011.
�•IPpY P�;�� CRYSTAL BATTEN ZIPPER
?t �;,} NOTARY PUBLiC
:;uy' f�r State ot Texas
.,,'�•�.�. Comm. Exp. 06-21-2014
�.
�
Notary Public, Sta of Tex
�r �
(Printed or typed name}
% zf�2a��r
My Commission expires
Page 2 of 3
Re: Bond No. 8219-12-38
SURETY APPROVAL
Federal Insurance Company
(Firm Name)
By: �C�YUU
(Attomey-In-
Connie Jean Kregel
(Printed or Typed Name)
July 14, 2011
Date
ACCEPTANCE BY THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or canying out the orders, established policies, or work
programs heretofore approved and authorized by the Texas Transportation Commission.
�
By: � Date: �- �.s`� / /
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Page 3 of 3
Chubb P�wER Feder�l Insurance Can�p�ny Att�: Surety Department
�F Vigilant Insuranoe Compar�y i5 Maur+tai� View Road
Su�ety ATTORNEY pacific Indemnity eompany Warren, NJ Oi059
CH1JR0
Know All hy These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILAMi INSURANCE
COMPANY, a iVew Yo+ic carporatian, and �ACIFIC INDEMMITY COMPAfVY, a Wisconsin corporat�ort, da each hereby const+tute and
a point Bert Guiberteau Jr. of 8aton Rvuge, Louisiana; Stephen L. Cory Melanie Stern and Pamela K.
l ucker of Meta9rie, l.oufsiana; Connie Jean Kregel and �effrey Todd McIntos� of Richardsan, Texas --------
each as their true and lawful Attai'ney- in- Fact to execute under such designation in lhelr names and to affix thelr corporate seals to and deliver for and on their bahalf as surery
thereon or otherwisa, honds and unde�takings and other writings obligatory in the nature thereof (other than hail bonds) gfven or executed in the course of busihess, and any
instrumsnts amending or altering the same, and consenis to the modification ar elteration of any instrumeni reterred to in said bonds or oblfgatlons.
In Witness Whereof, said FEDERAI. INSURANGE COMPANY, VICilU1NT INSURANCE COMPANY, and PACIFIC INDEMNI7Y COMPANY have each axecuted and attested
these presents and affixed their corparata seals on thls ��h day of �SCCiI, 20i 1.
� � �
� f.��-�—�`.
Kanrteth C. Wer�de , Assi n S cre ry Uavid . orrls, Jr„ Vice Presi
S7ATE OF NEW JEASEY
ss.
County of Somerset
On this 16#h day of March, 2Q11 before me, a Notary PubUc o1 New Jersey, persanalfiy came ICenneih C. Wandel, to me
known to qs Asslstant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INLIEMNITY COMpANY, the companles which
execuled the foregoing Power of Attamey, and the said Kenneth C. Wendel, being by me duly swom, dld depose and say that he is Ass�stant Secretary a( FEQERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and pACIFIC iNDEMNITY COMPANY and knows ihe corporate seals thereaf, that ihe seals affixed iu tha
(oregoing Power of Attomey are such caporate seals and were thereto afEixed by authoriiy of the By- Laws oP said Companies; and thai ha signed said Power of Attomey as
Assistent Secretary oi seid Companias by like authoriiy; and ihat he is acqualnted with David e. Narris, Jr., and knows him to be Vice President o1 said Companfes; and that the
signature of Devid B. Narris, Jr., suhscribed to said Power of Attomey is In the genufrle handwriting qf David B. Norris, Jr„ and was thereto subscribed by auiharity of said By-
Laws and in deponenf's presence.
Notarial Seal KqTHEttINE �. ADELAAR
N. NOTARY P118l4G OF N�W Jfk5�1 .
f*�r, 231�685 L%��/� ��
� �OTARy �� �mmi�i�rt Expiraa July 2 �i, 20�4
~�° Notary Puhlic
y�°l18LiC
•`�'dfp{9 CERTtFICA�ION
Extract from the By- Laws af FEDERAL INSUFANCE COMPANY, VIGILANT INSLIRANCE COMPANY, and PACIFIC INDEMNITY�COMPANY: .
"A!I powers af sttomey tor and an behalf of ihe Company may and shall he executed in the name and on behalf at Ehe Company, eithar by the Chairman or the
Fresident or a Vice President or an Rsslstant Vice Presidanl, jalnfly wfth the Secretary or an Asslstant Secretary, undar thelr resQective designations. The
sfgrtature oE suah offlCers may be enqraved, printed or lithograghed. The signature of eaeh oP the Folfowing officers: Chsirmsrr, PresiBant, any WfGe Presldent, any
Asslstant Vice Preaidant, ariy SeCretary, any Assistarrt Secretary and the seal of the Campany may be aflixad by lacsimlle to any power of attomey or to any
eertifioafe relating thereto appointing Asslstant Secretaries or Anomeys- In- Fact for purposes only of executing and aflesting bonds and undertakings and other
writings obligalory in the natura thereof, and any such power of aftomey or certificate bearing such facsfmile slgnature or facslmile seal shall be valid and btnding
upon the Campany and any suah power so executed and ceHlfled by such facsimfle stgnat�re and farsimila seal shall be valid and binding upon the Company
wlth respect fo eny bond or undertaking ta +rrhich if is aHached:'
I, Kenneth C. Wendel, Assistant Secretary ol FEDERAL INSURANCE COMPANY, VI�iILANT INSURANCE COMPANY, and PACIFIC IND�MNITY CAMPAMY
(lhe "Cvmpanles") do fiereby certlfy that
(i) the foregoing extract of the By- Laws ot ihe Companies is true and correct,
(ii) tha Companiss are duly licensed and authorized to iransaet surety business In all 5Q of the United Staies oi Amerlca and the �istrict of Columhia and are
authorized by the IJ,S, Treasury �epartmerd; fuRher, Feder�l and Vigitant are Ilcensed in Puerto Rico and the U.S. Virgln Islands, and Federal is licensed In
American 5emoa, Guam, and each oi the Provinces ot Canada except Prince Edward IS1and; and
(iiij the toregoing power af Attomey is true, comect and in full force and effect.
Given und�r my hand and seals oi said Companias at Warren, NJ thls 14th day oi J111y � 2 � 1].
s�gvf� _`'`'� N�i �`� k E$
� � . . � }t°�0 p 7� �n
� �
t �
tl� Y i b 16 �# ��
'x's1ANP � �N�YDAt"
Kenneth C, W del, Asslstant Secretary
lN THE EVENT YQU W1SH TD NOTIFY U5 QF A CLA1M, VERIFY THE AUTi1EN71CITY �F THIS BOND OR NOTIFY US pF ANY OTHER
MAiTER. PLEAS� C�NTACT US AT ADDRESS LISTED ABOVE, ON BY Teiephone (908) 9D3- 3A93 Fax (908) 903- 3656
Form 15,10- �2258- U{Ed. 5- 03) C�NSENT
SUPPLEMENTAL AGREEMENT NO. 06
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No. 0918DNTON;
CONTRACT NO. 9X2AV054
On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter
called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter
called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more
fully described in the Contract Documents. Supplemental Agreements 1, 2, 3, 4, and 5 were
executed for additional work.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $6,106,780.45.
In compliance of General Provisions, Section 40-02, Alteration of Work and Quantities, and
Section 40-04, Extra Work, it is deemed necessary to amend the contract documents to add the
work items listed below
WORK:
It is hereby agreed between the parties hereto that the following items be added to the contract:
ITEM DESCRIPTION QTY UNIT iTNIT TOTAL C�ST
COST
1.25 P-620- White Markings (Reflective} 6,835 SF $024 $1,640.40
5.1
1.26 P-620- Yellow Markings (Reflecrive) 4,527 SF $0.28 $1,267.56
52
1.40 5-1-3.2 Remobilization 1 LS $8,525.00 $8,525.00
1.47 5-19-4_1 Pavement Markin Obliteration 1 LS 3,007.40 $3,007.40
2.15 LOC-4 ew power service rack for new 1 LS 4,314.90 $4,314.90
under ound electrical line
A1.0 P-605- Jouit Sealuig Filler 900 GAL 31.00 $27,900.00
1 5.1
A1.0 P-631- Refined coal tar emulsion with additives, 45682 SY 1.10 $50,250.20
2 7.1 slurry seal surface treatment
TOTAL CHANGE �96,905.46
JUSTIFICATION:
Additional work items 125 — 1.47 and A1.01 — A1.02 are required for rehabilitation of e�sting
Page 1 of 4
t�iway. Item 2.15 is to complete the electrical connection for the Localizer frorn the Denton
Municipal Electric line source.
CONTRACT PRICE:
The Contractor agrees to perform a11 the work described in the Contract Documents for a sum
not to exceed $6,203,685.91. This price shall be full compensation for a11 labor, materials,
equipment and incidentals necessary to complete the work as described in the plans and
specifications.
CONTRACT TIME
'The contract time will be increased by 10 calendar days; contract time with a11 approved change
orders and supplemental agreements will be 150 calendar days.
It is further agreed, that no other provisions of the contract, plans, specifications or special
provisions sha11 be changed by this agreement.
In, wiiness whereof, the parties hereto have executed, or caused to be executed by their duly
authorized officials this agreernent, in tri�licate, each of which shall be deemed an original on
the date first written above.
coNrx�cTOR � o�. � r w G/.'�, C� �,��,�
By: f? o . �X zsd
(Address)
Date: D 7�/Q- a-a// ��..✓�.✓� Tx • 7� � Z-
(City, State, Zip Code)
Title: ���- i- f itE. s:o/w...p�- �'4Lo - 38 �. - Z S8/
(Narne of Firm) (Phone Number)
Page 2 of 4
'THE STATE OF TEXAS
Bond No. 8219-12-38
cou� oF Dt,�ra-✓
Before me, the undersigned authority, on this day personally appeared �ll �'�r'�Ki �' ,
lrnown to me to be the Contractor named in this contract, and is the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she has authority to
execute and has executed the same for the purposes and consideration therein e�ressed.
Given under my hand and seal of office this � day of A.D. 2Q11.
.:2 ,°'PY P`'�k CRYSTAL 6ATTEAI ZIPPfR
: * � �? �; MQTARY PUBUC
.�;;, :�:
•;9� OF �'ejCO(I11P1. � � T@7(A3
p. os-��-2o�a
ot Pu hc, S o exas
�
(Prin d or typed e)
���-���t y
My Commission expires
SURETY APPROVAL
Federal Insurance Company
(Firm Name)
By:�U j�l�g
(Attorney-In-F
�onnie Jean Kregel
(Printed or Typed Name}
July 26, 2011
Date
Page 3 of 4
ACCEPTANCE BY THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating andlor carrying out the orders, established policies, or work
programs heretofore approved and authorized by the T�as Transportation Commission.
By;
i
Page 4 of 4
Date: �- �d'- A /
� Chubb POWER Federal Insurance Comp�ny Attn: Surety Department
OF V�gifant Insuranc:e Compa�y 15 Moantain View Road
SuCety AT�"4RNEY pacific Indemnity Company Warren, NJ 07059
cFru�a
Know All by These Presents, That FEDERAL INSURA{VC� COMPANY, an Indiana carporation, VIGILAN7 INSURAMC�
COM�ANY, a fVew Yar�c corporation, and pACtF1C 1RiQEMIVITY C(iMPANY, a Wisconsin aorporattan, do each hereby constitute and
a� ppoint Bert Guiberteau Jr, af Baton Rouge, Lauisiana; Stephen L. Cory Melanie Stern and Pamela K.
Tucker of Metalrie, �oulsiana; Connie ]ean Krege! and ]effrey Todd McIntos�h of Richardson, Texas --------
each as thetr irue and lawful Attomey- in- Fact to execule under such designaEion In lheir names and 1a affix Ihelr corporate seals to a�d deliver for and on their bahalf as surety
therean or oiherwise, Donds and u�deriakings and other wri6ngs obligatory in the nature thereat (other tfian bail bonds) glven or executed in the course of business, and arry
instruments amending or altering the same, and consents to the modificatlon or alteretion of any instrument referred to in said bonds or obligatlons.
!n witness Whereof, said FEDERAI, INSURANCH COMPANY, VIGILAN7 INSURANC� COMPANY, and PACIFIC INDEMNITY COMPANY haVe each executed and attested
these presents and aftixed thetr corpora�a seals on this ��f1 day of MaCCII� ZO11.
_ �' �,�'--�' �� �
anraeth C, ►Ner�de, Assi n S cre ry Davi . orris, Jr., Vlce Presi
STATE OF NEYJ JERSEY
ss.
County of Somerset
On this 16th day of Ma�rch, 2Q11 before me, a Notary PubliC of Nsw Jersey, personaliy came Kenneih C. Wendel, io me
knnwn !o be Assistant Secretary ol FEDERAL INSURANCE COMPaNY, VIGILRNT 1N5URANCE COMPANY, and PACIFIC INOEMNITY COMpAI�Y, the companles which
executed the foregoing Power of Attomey, and the sald KenneEh C. Wendel, being by me duly swom, dld depose and say that he is Assiafant Searetery vf FEQ�RAL
INSURANCE COMPANY, VIGILAN7 I�FSUHANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knaws the corporate seals thereof, that 1he seals aHixed tn the
toregoing Power of Attomey are such corporate saals and were thereto afEixed by authority of the 6y- Laws of sald Companies; and thal ha signed said Power of Attomay as
Assistant Secretary oi said Companies by like authariiy; and that he is acquainted with Devid B. IVarris, Jr., and knows him to be Vice President oi said Companfes; and that ihe
signalure of David B. Norris, Jr., suhscribed to said Power oi Attomey is in the genuln6 fiandwdting qf David B. Norris, Jr„ and was thereto subscribed by auihotity of said By-
Laws and in deponent's presence.
Notaria� seai KATHERINE !. ADELl1AR
iVOTARY PlISL4C OF NEW Jfk5�1 '�
� N�.231b685 G�,,,�j ��
� Nd���Y �� �mmis�i�n Expirea July 1 b, 20�d �f�
� ��° � Notary Puhlic
y�ue��
��' � CERTtFICA�ION
Exiraci from the By- Laws aE FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INOEMNII'Y•COMPANY:
"All powers of attomey tor and on behalf of ine Company may and shall be executed in the name and on behall ol Ehe Company, either by the Chairman or the
President or a Vice President or an Asslstant Vice Presidenl, 3olnily with the Secretary nr an Asslstant Secratary, under their respective designations. The
stgn�ture of such otftCers may 6e engraved, printed Or lithogrephed. The sigrtxture oF eaeh of the fallowing utfrcers: Chairmart, President, any Vrc�e Presldertt, srty
Assistant Vice Presidenl, ariy Secretary, any Assistarrt Secretary and iha seal of the Company may be aflixed by facsimfle to any power qf attomey or to any
certi{icate relating thereto appointing Assistant Secretsries ar Aitomeys- in- Fact for pu�poses only ot executing and ariesting bonds and unqettakings and other
writings obligalory In Ihe nature thereof, and any such power of attomey or certificate bearing suah faasimile signature or facsimile sael shall be valid and binding
upon the Company and any such power so executed and caHiFiad by such facstmile signature and facsimile seal shalt he valid and binding upon the Company
with respect fo any bnnd or undertakireg io which it is aflashed:'
I, Kenneth C, Wendel, Assistant Secreiary ol FEDERAL INSLJRANCE COMPANY, VfGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
(the °Campanles") do hereby certity that
(i� the foregoing extract ot ihe 8y- Laws of the Campanies is true and correct,
(ii) the Companies are duly licensed and authorizsd to transaet surety bus�ness fn all 5Q of the United States of America and tha pfstrlot 01 Calumbia and are
aut�orized by the U.S. Treasury Dspartmerit; fuRher, Federal and Vigilant are Ilcensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed In
American Samoa, Guam, and each oi the Provinces o1 Canada except Prince Edward Is1�nd; and
(iiiy the toregoing power af Attomey ts true, oomect and in full force and etfect.
Givero under my hand and seals of satd Companies at Warren, NJ this 2 6th day of July � 2 Q j j
�Aa� H `V`9uMk F
�, ' ' r� �`,� � ��' ��
� 4 � �, -"-- � �
�; •�
�
w
M��� . " �c � *'�,dW Yo�`�,�
�
Kenneth C. W del, Assistant Sect�tary
IN THE EVENT YaU WISH TD NOTIFY US QF A CLA1M, V�RIFY THE AUTliEN71GITY �F THIS BOND OR NOTIFY US QF ANY OTHER
MAl'�fER, PLEAS� C�PJTACT US AT ADDRESS LISTED ABOVE, ON BY Tetephone (908} 903- 3493 Fax (908) 903- 3656
e-mail: sure �chubb.com
Form 15-10- 0225B- U(Ed. 5- 03j CQNSENT
SUPPLEMENTAL AGREEMENT NO. 07
TO AGREEMENT BETWEEN
SPONSOR AND CONTR.ACTOR
TxDOT CSJ No. 0418DNTON;
CONTRACT NO. 9X2AV054
On June 2, 2010 a conlract was entered inlo by and between the City of Denton, hereinafter
called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter
called "Agent," and Jagoe-Public Company, Contractor, for airport improvernents as is more
fully described in the Cont�•act Documents. Supplemental Agreements 1, 2, 3, 4, S, and 6 were
executed for additional work.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $6,203,685.91. �
In compliance of General Provisions, Section 40-02, Alteration of Work ai�d Quantities, and
Section 40-04, Extra Work, it is deemed necessary to amend the contract documents to ad,}ust
quantities and to add work items as listed in Attachment A, attached hereto and made a part of
this Agreement.
JUSTIFXCATTON:
Items 57.1— S7.3 are added for the MALSR as xequested by the FAA.
The remaining items are adjustment of quantities used during const��uction.
CONTRACT PRIC�:
The Contractor agrees to perform all the work described in the Contract Docuineirts for a sum not
to exceed $6,417.,553.12. This price shall be full compensation for all labor, materials,
equipment and incidentals necessary to complete the work as described in the plans and
specifications. �
CONTR.ACT TIME
The contract time will be increased by 5 calenc�ar days; contract time with all approved change
orders and supplemental agreements will be 155 calendar days.
It is further agreed, that no other provisions of the contract, plans, specifications or special
provisions shall be changed by this agrecment.
Page I of 3
In, witness whereof, the parties hereto have executed, or caused to be executed by their duly
authorized officials this agreement, in triplicate, each of which shall be deemed an original on the
date first written above.
CONTRACTOR
�
By:
Date; B���—��
\r � r 1
Title: V� �� P� s�� al�
(Name of Finn)
THE STATE OF TEXAS
COUNTY OF i'l.
��. �x z �o
(Address)
�f.n/i'on/, T'X 7�0 � o Z
(City, State, Zip Code)
��o - 3�a -�S8'!
(Phone Number)
Before me, the undersigned authority, on this day personally appeared � ,
known to �me to be the Contractor named in this contract, and is the person ose name is
subscribed to tlle foregoiiig instrument a��d 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
���-.ss..�.s:�,.~>.
,,,,�,,.-a
'- ;_?.�'•n.�4-. HILDA SALAZAR
_:�'s •°_ Nolary Public, Siate of Texas
���,� My Commission Fxp.12-11•2011
`'•�,•'�;�.�,,,,.
f day of � �-'r� A.D. 2011.
,
No � Pu 'c, Stat of Texas
-�-f71 d �- �, laz�.�
��
(Printed or typed name)
I�llrJ���i
My Commission expires
Page 2 of 3
Re: Bond #8219-12-38
SURETY APPROVAL
Federal Insurance Company
(Firm Name) '
By:_��'�
(Attorney-In-F
Connie Jean Kregel
(Printed or Typed Name)
t 31. 2011
Date
ACCEPTANCE BY THE STA'�'E
Executed by and approved for the Texas Transportation Comnussion, 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 Corrnnission.
�
By: r Date: �� �v � / /
Davitl S. Fulton, Director
Aviation Division
Texas �e�ra: �rr�ent �f Transportatipt�
Page 3 of 3
- POWER Federal Insurance Company Attn: Surety Department
Chubb pF Vigilant Insurance Company 15 Moar+tain Viavrr Road
Su1'ety ATTORNEY pa�ific Indemnity Company Warren, NJ 07059
cNU�a
Know All by These Presents, That FEDERAL INSURANCE CQMPANY, an Indiana corporation, VIGILAN7 INSURANC�
COM�ANY, a iVew Yoric corporatfart, and PACIFI� INDEMWIi1' COMPANY, a Wisconsin corporat�on, do each h�reby constitute and
a point Bert Guiberteau Jr, af Baton Rouge, Louisiana; Ste hen L. Cory Melanie Stern and Pamela K.
lpuck�r of Metalrie, Louisiana; Cannie ]ean Kregel and 7effrey �odd McIntos� of Richardson, Texas --------
each es th0ir true and lawful Attomey- in- Fact to exe�ute under such designation in iheir names and lo affix thelr cotporate seals to and deliver for and an thair bshalf as surety
thereon or otEtenMsa, bonds and unde�takings and other writings o6ligatory In the nature Ihereaf (other tfian hail bonds) given or executed in the course ot buslness, and any
instruments amending or altaring lhe same, and eonsenis to tlte modiflcation ar alteration of any instrument raferred to in said bonds or obligatlons.
In Witness Whereof, said FEDERAI. INSURANGE COMPANY, VIQILANT INSURANCE COMPANY, and PACIFIC INDEMNIIY COMPANY have each executed and attested
these presents and aHixed thelr corpareta seals on this f bih dev or March, 20i 1.
_ -� ��.� ��_____ �--
enrret C. Werrde , Assi n S cre ry David . arris, Jr„ Vlce Presi
S7ATE OF NEW JERSEY
ss.
Cnunty of Somerset
On thls 16th day of March, 2Q1 y before me, a Natar� Public of New Jersey, personal�y came I(enneih C. Wendel,lo me
knawn Ro be Assistant Sacretary of FEDERAL INSURANCE COMPANY, VIGfLANT lNSURANCE CQMPANY, and PAGIFIC INLIEMiVITY COMPANY, the camp8nles which
executed the foregoing Power of Aflomey, and the said Kenneih C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretsry of FEDERAL
INSURANCE COMPAIVY, VIGILANT INSURANCE COMPANY, and pACIFIC iNDEMMITY COMPANY and krwws ihe corporate aeals ihereof, that ihe seals aHixed to the
toregoing Power of Attomey are suoh corporate seals and were thareto afEixed by authority of the By- Laws of said Companles; and thai he signed said Power af Attomey as
Assistant Secretary oi said Companies by like autharity; and that hs Is acquainted wlth David e. IVarYis, Jr., and knows him ta be Vice President of said Companles; and that the
Signalure af David B. Narrls, Jr., subscri4ed ta said Pawer oi Attomey is in the genuirle handwriting af �avid B. Nor�is, Jr., and was thereto SubsCribed by aulhedty of said By-
Laws and in deponent's presence.
Notada� seai KIITI�IERINE S. ADELAAR
N, NOiARY PUBLiG OF NEW JfkSPl
Nr.2316685 Ci2�%� ��
� �� �'��Y � �mm�ssi�n Expiroa July � b. 201�
� Notary Pubiic
y+°�/BLi�.
•`�',l�p9� C�R7tFICATION
Extraci from the By- Laws of FEDERAL INSURANCE COMPANY, VIQILANT INSURANCE COMPANY, and PACIFIC INOE(viNiTY`COMPANY:
"All powers of aftomey for and on behalf af the Company may end shall be axecuted in the name end on behalf of the Company, either 6y the Chairman ar the
President or a Vice Prasident or an Asslstanl Vice Presidenl, joinlly with the Secretary nr an Asslslant Seoretary, under their respective designations, ihe
stgnatura of such olficers mey tre engreved, printed or Rthogrephed. 7he signature oF each oF the folfowing offtcers: Chairrrrerr, President, arty Vic� PresfGent, eny
Assistant Vice President, arry Secretary, any Assistacrt Secretary and the seal of the Campany may ba aftixed by Iacsimile to any power of atiomey or 10 a�y
ceHiftcate relating thereto appointing Assisiarn Secrelaries ar Attomeys- in- Fact for purposes only ol8xecuting and ariesting bonds and unqertakings and othe�
writings obligatory in the nature thereot, and any such pawer of attomey or certificate bearing sueh faasimile signaiure or facsimile seel shall be valid and binding
upon the Company and any such power so executed and certified by such facsimlle signature and facsimile seal shalE be valld and binding upon tha Company
wifh respect to any bnnd or undertaking to vxhich 1f is aftached."
I, I(ennefh C, Wendel, Assistant Secrelary of FEDERAL INSIJRANCE COMPANY, VfGILANT INSURANCE COMPANY, and PACIFIC INDEMIVITY CAMPANY
(the "Campanies"j do hereby certiiy that
(Ij the Foregoing extract oi the By Laws of ihe Companies is true and corract,
(ii} the CompaNes are duly licensed a�d authorized to transaet surety bustness In all 60 of the United States of America and the �istrict pi Columbia and are
auihorized by the IJ.S. Treasury Departmert; �urther, Federak and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federai is licensed In
American Samaa, Guam, and each oi tha Provinces Of Canada except Prince Edward Isk�nd; and
(iii} the foregofng Power of Attomey is true, ooRect and In EuIY force and eHect.
Given under my hand and seals of satd Companies a1 Warren, NJ this 31 St dflY ot AL1CJi1St � 2 O 11
�s'%A"N.a N�►' �keF
.��n ��o � � ro�
�, . . , � �� * � '1A!
� 7 * ♦ 16 Fi� * ' /
"�anh¢ . yEw,roa r- �
�it.
Kenneth G. W del, Assistant Secretary
lN TH� EV�f�T Y4U W1SH TO NOTIFY US OF A CIAINi, V�RIFY THE AUTHEN7IGITY 4F THIS BOND OR N�TIFY US OF ANY OTHER
MA�TER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908} 9D3- 3498 Fax {908) 903- 3656
e-mail: suretv�chubb.com
Form 15-10- 0225B- U(Ed. 5- 03) CQNSENT
.�iTT�,CI��IEI�T A -- �UPPI��IVIEl�'I'AL 7
]D�I�TTO�T 1VIUl�ICIPA� Ai1��PRT
091 �I)1�TT�N
Denton Airport
Runway/Taxiway Extension & Pavement Rehabilitation
Project Budget Summary
y t ; . . .. . � . . :•, . t ; . -•.�
Irem ' • ' � � � • UnfCof Bid " Final Over/Undef ' Bid • � a • ' Tolal � ���5
� _ : ' ., i", , . . � .� � . . : . . � .'ri �-..
No. �� OeurfpeMn �.'; i ' Meas. quantity . quantity : qun Price;� � • - i,_
BASEBID , . '�:# • i • . ' . . ' '`S . '..j;.' 'N..�
��� �r . ,� - • • - • � . • . .:.y •. . .y,.'.
, BId Schedule No: l'- Runway/Taxiway F�ttenslon , + , • ' . _ , � , ' . _
. • a. � . • � 'U
1.02 Clearing and Grubbing ACRE 72 85 *13 $3,400.0p $39,000.00
1.06 Unclasslfied EKOVation CY 76,000 81328 5328 $]•70 $9,057.60
1.07 Borrow Excavatlon CY 4D,750 46550 5800 57.70 59,860.00
1.09 Emhankmen[InPlace CY 181,150 192278 11128 $3.35 $37,278.80
1.12 8" Lime Stabilized Suhgrade SY 30,460 30870 414 $3.95 $807.30
1.13 • Hydrated Lime for �ime Stabilized Subgrade �e%) TON 825 887.07 62.07 5128.00 $7,944.96
1.19 Filter Fabric Fence LF 50,000 1687a 687D 51,70 $11,679.00
1.19 Bltuminous5urface[ourse�4") TON 6,045 6,272 227 $61.Oa 513,847.00
1.2D 8ltuminous level llp Cowse (2") TON 200 0 (200) $79.00 (S15,H00.00)
1.23 6ltuminousPrime[oat GAL 6,975 7,2J5 300 $2.70 $810.00
1.22 BltuminousTackCOat GAL 4,025 3,600 (425� $2.70 �$I,147S0)
1,28 6'ChairrUnkSecurltyFen�ewi(hFOUndation LF 23,065 22,807 (258) $19.50 ($5,031.00)
1.29 24'Manual5ecuri[yGale EA 6 9 3 $2,350.00 $6,750.0p
1�30 36" Dla. ASiM C76 Class 141 RCP LF 200 320 120 $70.OD $8,40D.00
331 4:15a(e[y End 7reatment (or36" RW EA 1 1,34 0.34 $1,850,00 $619.75
133 Hydromulch, Seed, Lime, & Fertillter ACRE 304 65 (39) $665.00 j$33,735.00�
2,38 FurnlshandlnstallClosedRoadwayBarricades FA 2 0 (2) $400.00 (5800.00)
1.42 Praof Rolling HRS fi0 40 (20) $100.OD j$2,000.00)
1.43 CoIdMIlltngASpAaltPavement SY 1,135 1,385 250 $1.25 $312.50
1.44 Remove and Replace Unsultable Subgrade wi[h Foundation Material CY 750 D (750) $40.00 �530,000.00)
1.45 B'GameFencewithFOUndalfon LF 3,710 2,82D (890) $19.00 �$16,910,00)
1.46 Taxiway Cen[erlfne RetroreFlective Markers �Green) EA 22 124 101 $11.00 53,122.00
1.48 AutomatkSecuAty511deGate FA 2 2.94921875 3 $25,600.bU 524,300.00
' Sub�oW I Bid Schedule 1 Over/Under Nun: 566,365.47
�BldSCheduleNo:�z:-LOwlixerReloc3tloe'S'' � • � � ' ' . ; � _ _
2.01 LImeS[abllked5ubg2deforLo�alherRoadandTumaround . SY 1,680 3469 �1,789 55.50 $9,8:i9.50 ,
2.00 Bltuminous SurFace [ourse for Locallzer Poad and Turnarovnd, two TON 95 30D.55 205.55 $65.00 513,360.75
inches depth
2.06 HydrotedLimeforsuhgradeforLocalfzerAntennaWafkway TON 2 0 (21 $130.00 (5260.00)
2.09 HydrotedUmeforsu6gradeforLocallzerAntennaServicsArea TDN 4 0 (9) 5128.00 (5512.00�
Subtatal Bid Schedute 2 Over/Under Run: $22,428,25
� 91dSrheduleNo��3-Glideslopeflelocation`•��` ' , ' ' � • . - - • •';cK' . ; ,fiR
� . y .. � � . . . ���. .
3.06 11me5tabllized5ubgradeforG0de51opeROadandTUrnaround , SY 775 7,986 2,211 $2,35 $5,195,85
3.07 HydratedLlmefars�hgndefofGlide5lopeNOadandTurnaround TON 16 18 2 5330.00 5360.00
3.08 CrushedAggregateBaseCourseforGltde5lopeHoadandTurnaround, SY 756 2,899 2,143 $15.00 $32,145,00
six Inches tlepth
3.09 BI[uminous Surface Course for Glitle Slope Road and Turnaro�nd, two TON 74 190 66 $95.00 $6,P0.00
Inches deep
Sub[otal Bid ScAedule 3 Wer/Under Run; $43,870.85
t
lof3
Ilem +' ' ' . � ' • '.' •. Unitof 0Id . , Final 'OJer/U�der Bid,.�:�'.... ' Total �';�::,
. .:.i'�.: . ' � "• '. . �. . .
No.� � �� Uesulption - ' Meas. nuantlty, , Quanthy ;Iluif � Grlce. • . ':,��; ��
. BldStbeduleNo���IVIALSR °�' . . . . • . - • ' _�+y'�
4.19 Trench,Backfill,andCOmpact36"deepPrlmaryUtlllrytrench LF 700 1,210 �S1U 54.20' S2,142.00
4.21 Ins[all3"SCH40PNmnduitinTrench Lf 700 �700) $3.10 ($2,170.p0}
4.22 Ins[all p1/�AWG BareCU Guard Wire in Trench LF 3�45 3,480 �465) 53•10 ($1,441.50)
4.28 InstallplOAWG,600V,TNWNCablein duct LF 2,486 313 (2,171) 51.10 (52,399.10�
4.30 Ins[a1112 Patr, pl9 Ga., Individually Shielded, Gel filled REA, LF 1,718 ],293 �425) $4.20 (51,785.00)
underground telephone cable In duct
Sublotal Bld Schedule A Over/Under Run: (530,15B.40)
Bid Schedule No: S • liunway 1&36 PAPIS � � • '� � • � � � � "� �
. . ,an�, � . . �'�,.
SubtolalBSdSchedule50ver)UnderRun: $0.00 +
••BidSChaduleN0:6:.Runwa endTewwa lP ub3n and51 a e •- •�� '• •���"'
Y Y� H 6 B^. B . . ��,. .�-
:.t
fi.08 Replace exlsling red/green lens with New,1-861, red only lens on EA 8 10 +2 $50.00 $100.00
eMlsting MIRL Lighting F&ture
6.10 Trench, Backfill, and ComOact 6" wlde trench LF 3,475 5,035 1,560 5310 $4,836,00
6.11 Install2" SCH 40 PCV mMNt in 7rench LF 3,475 5,235 1,7fi0 51.60 SZ.B16.00
6.12 Install p6AWG Bare Cu Guard Wtre in Trench LF 3,475 5,235 1,760 51.30 $2,28B.00
6.13 Install If8 AWG Type C, SKV cable In du[t LF 4,045 6,052 2,007 $1.00 $2,067,00
6.14 I�tallNewVent/Drainforundergroundconduflsystem EA 4 (4) $400.00 ($1,600.00)
6.15 Ins[all New Cir�ut[ Isolation Poln[ In concrete enrased L-867B IlgFx base EA 4 1 (3� 5500.00 (S1,SQ0.00�
6.16 Install New Pull Box In concrete erKased 48678 Iight 6ase EA 10 2 �S� $4fi5.00 ($3,720.00J
Sub W tal 6id Schedule 6 Over/Under Run: $5,227,00
Bid S�hedufe No.,7,�,Distance pemalning Slg`ns � � , • , • •:� % . ; t `' . '� j • y
',.t.. . - �:
, Subtotal Bld Schedule 7 Over/Unde� Run: $0.00
ADDIfNElLLTERNATfS' � .. . . "�l' ' . � . . ' !;.�%' ; i '
' ���\ . ' :r i.r• . ' ' . . :�` � .Nr.�� �;+.1
AddiqveAltemateNo.1•RUnwayl&3651Frry5eai . - ' " , , , ' ,_ ."f;� • . %1,��`
A7.01 JalntSealfngFltler GAL 2.150 5,625 3,475 522.00 $76,450.00
AddhWe Alcernate No.l: Over/UnderRun $76,450.00
AdtlklveAlteinate�tio:�2-16' Walerlinb+: �'' � { . ' • "'a';. • '
-a,A l . . . .q�. . � � .
A2,03 Fumfsh and Install Fire Hydrant Assembly & 6" Gate Valve EA 1 2 1 57.OU0.0o $7,000•00
. Additive Alternate No. 2 Over/Undet Run: $7,000.00
' �!PPlemeetalAgrTemedtl �, ". . ' ' ��'S.. . ' . ="C"..
.: t'
51.] Trench and Install4" Sch.40 Conduit LF 1,185 1,210 , 25 $12.00 53U0-00
Supplemental Agteemenll0ver/U�der Run: $300.OD
2 of 3
• . . . . . . . ., �..t: .�..
Ilem � . - . . � a .... � .Unil'of. Bld � Flnal � OJer/Under . Bid ". ' . 7oWl . � ��Fj�: i
��: ;' ' ' � -. �' . � . �'s' 'd:
� No. �. �esuiptlon - ��Meas. Quantity . f - Quantity , 'Run � � Vrice::,:� . ., � ��.;
SuPNementalA`reemenl2 • . . . .'';• . :3, i:
. s;
2.00 4"RlgidHDPECOndui[BOredUnderExiStingPavement LF 220 263 w43 $37.00'* $1,591,00
4.20 Install2'SCH40PVCcondultlnTrencM1 LF 2,061 1,659 (402� 53.65 ($663,30)
4.22 Install p]/0 AWG Bare Cu Guard Wire in Trench lF •B40 700 1,540 $3.10 $4,774.a0
4,24 Installp2AWG,600V,THWNcablein ducl LF 1,268 352 (916J $3.00 (52.748.00)
4.25 Installq4AWG,600V,lHWNcableinduct LF 394 H36 942 52.10 5928.20
4.76 Installp6AWG,600V,THWNca6lein dvct LF 1,006 1,689 683 51.90 51,297.70
4.28 Ins[aIIp10AWG,fi00V,THWNca6leln duct LF -2,1fi6 2,166 $1.f0 52,382.W
4.29 Ins[aI1p12AWG,6WV,7HWN[ableln duct LF 2,668 2,890 222 51.00 5222.0�
4.30 Ins[all 32 Pair, p19 Ga., Indlvidually Shielded, GeY Fllled REA, LF -506 506 $Q20 $2,125.20
undergraundtelephonera6leln duct
1.09 3/4", SO FT CU CladGround Hod Installed and Exo[hermiwlty Banded EA 35 30 15 $S6.OU $1,290.00
4.30 DellvertoOwner506LFofAbweUnreturnadeCa6le LF � 506 186 (320) 51.06 �5339.Z0)
Supplemenlal AB�eement 2 Over/Under Run: 535,376.OD
' SuODlementalA'8reemmt3 . . , . ,. . .. . .. ' •+ � ;.� 3
. . : f..;
SA3.1 6' Cedar Wood Fence wlth•Faundatlon ' LF 1,253 1,272 ,� 19 $34.50 $655.50
� SupplementalAgreement30ver/UnderRUn: $655,50
SupplemenWl7�reemeM6' ' . . � . ,.y�'..: ' ' �j�,.
4.20 Insta111.5"GIiSCondul[InTrench�40lF1orlocalherandGl1de51ope) LF (80� 0 80 51.65 $t32.00
4.20 Install 2" Sch 40 PVC Conduit inTrench (Glide Slope) LF (300) 0 300 51.65 549S.D0
Supplemental Agraement 4 Over/Under Run: . 5627.00
'SupplementalAgreement5' ' - ' . � - ' " ��` . • '
�, . r!•' . . . t: .! � #�} .
Supplemen WI Agreement S O�er/Under Run: $0.00
SupPlemenWlAgfeement6 • ''�*':" . , . . . . . . , • . '�'
i� �'
A1.01 lolnt5ealingFlller GAL 900 290 (610J $31.004 ($18�930.00)
Suppiemental Agreemenc 6 Over/Under Run: (518,910.00)
Unprocessad Supplemenlal .
SA7.1 1/2"FoamCa6le lF 680 680 52.7] S1,B49,60
547.2 3kVA480/120�240VXFMR EA 1 1 $256.00 $]56.00
SA73 WatertightRlghtAngleCannectorsiorMG20LIRMast LS 1 1 $2,530,Ua $2,530.00
Unprotessed SupplementTolal $4,635.60
Total Over/Under Run $209,231.61
Unprocessed Supplement $4,635.60 '
ContractAmount $6,2D3,685.91
Adjusted Contract Amount $6,417,553.12
3of3
SUPPLEMENTAL AGREEMENT N0.08
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
T�OT CSJ No. 0918DNTON;
CONTRACT NO. 9X2AV054
On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter
called "Sponsor", acting by and through the Texas Depariment of Transportation, hereinafter
called "Agent," and Jagoe-Public Com�any, Contractor, for airport irnprovements as is more
fully described in the Contract Documents. Supplemental Agreements 1 through 7 were
executed for additional work.
'The contractor agreed to perform a11 the work described in the Contract Documents for a sum not
to exceed �6.417,553.12.
In compliance of General Provisions, Section 40-04, Extra Work, it is deemed necessary to
amend the contract documents to add work items.
WORK:
It is hereby agreed between the parties hereto that the following items be added to the contract:
JUSTIFICATION:
Additional work needed as required by FAA to complete the proj ect.
CONTItACT PRICE:
The Contractor agrees to perform a11 the work described in the Contract Documents for a sum
not to exceed �6.423,813.12. This price shall be full compensation for all labor, materials,
equipment and incidentals necessary to complete the work as described in the plans and
specifications.
Page 1 of 3
It is further agreed, that no other provisions of the contract, plans, specifications or special
provisions sha11 be changed by this agreement.
In, witness whereof, the parties hereto have executed, or caused to be executed by their duly
authorized off�icials this agreement, in triplicate, each of which shall be deemed an original on
the date first written above.
CONTRACTOR T+°� �' ° �` ^ �"` �" L �'O ""` ��� �
�
gy: -? o, a„x 2 S'n
(Address)
Date: /� ^ 8 " <<
Title: �4�-4�tiEs%DE�T
(Name of Firm)
THE STATE OF TEXAS
COUNTY OF ��� � o^f
��.•�7-0,.�� i �x�S 7�a.o Z,
(City, State, Zip Code)
9�a - 38 Z - ��8 /
(Phone Number)
Before me, the undersigned au#hority, on this day personally appeared �-�� G�{�'�, T'�
known to me to be the Coniractor named in this contract, and is the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she has authority to
execute and has executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this � day of ����E� , A.D. 2011.
, �� r�� ���� �t�������������� ;
; �. . `' \
; � .. � � '�' � �
� � � ' �
� � �.. ,� � � � �. ti�. �.. � �� �� �. �" ..:
C�L�-
Not Publi , State o exas
-� �(oc�. S�. r� 2�-
(Printed or typed name}
��/ � r �� D/ �
My Commission expires
Page 2 of 3
Re: Bond No: 8219-12-38
SURETY APPROVAL
Federal Insurance Company
(Firm Narne)
$Y� V��
(Attorney-In-F
Connie Jean Kregel
(Printed or Typed Name)
NovemUer 10, 2011
Date
ACCEPTANCE BY THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies, or work
progratns heretofore approved and authorized by the Te�as Transportation Commission.
$ � Date: �.�-0 � ���
Y-
pavid S. Fulton, Director
�lviation Division
�exr�� �?n��?r,��^� of Transpoctation
Page 3 of 3
ChUl�b POWER Federai insurance Company Attn: Surety Department
OF Vlgifant Insurant�e Company 15 Moar+tai� View Raad
Su�'�ty ATTORNEY pa�ifc Iredemnity Comp�ny Warren, NJ 07059
cr-�u�a
Knaw All by These Presents, That FEDEFtAL INSURAiVC� COMPANY, an Indiana corporation, VIGILANi INSUFtAHC�
COMPANY, a New Yo+#c corporatfart, and PQCIFIC INDEMIVIT'Y CQMPAIVY, a WisconsEn corpvrat�an, do each h�reby canst+tute and
a point Bert Guiberteau Jr, of Batan Rouge, Lauisiana; Ste hen L. Cary Melanie Stern and Pamela K.
`�ucker of Metalrie, Louisiana; eonnie ]ean Kregel and 7effrey�odd McIntosh of Richardson, Texas �-------
each as their true and lawful Attomey- in- Fact to execute under such designation in iheir nsmes and 10 affix Ihefr corporate seals to and dellver for and on their bahalf as surety
thereon or oiherwise, laonds and undertakings and other wrifings obllgatory in the nsture thereof (other than bail bonds) given or executed in the course o1 business, and any
instruments amending or altering Ihe same, and consenls io tite modificatio� or alteratlon of any instrument referred to in said bonds or obliga8ons.
In Witness Whereof, said FEDERAI, INSIIRANGE COMPANY, VIGII..,4NF INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY havs each executed and attested
these presents and affixed thelr corparete seals an this 1 flih day of MarC+'1� 2qi 1.
�' � y�� r
_ l.?.t�-t+� �..
anrteth C. Wende, Assi n S cre ry Dav! . orris, Jr„ Vlce Presi
STATE OF NEW JEASEY
ss.
Cflunty of 5omerset
On this 16th day of Ma�rah, 2�11 before me, a Natary Publlc ol New Jersey, personaliy came Kenneih C. Wandel, to me
known to qe ASSIStBnt Secretary al FEDERAL INSURANCE COMPANY, VIGiLANT lNSUFiANCE COMPAMY, and PACIFIC lNaEMiSVRY C9MPANY, the companies which
execuled the foregoing Power of Aftomey, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that ha is Asslstant Secretary al FEDERAL
INSURANCE COMPANY, VIGILAN7 INSURANCE CaMPANY, and PACIFIC INAEMNITY COMPANY and krwws the carporate seals Ihereat, that Ihe seats affixed to the
foregoing Power of Attomey are such corporate seals and were thereta aHixed by authority of the By- Laws of said Companies; and ihat he signed sald Power of Attomey as
Assistanf Secretary oi said Companies by like autho�iy; and that he is acquainted with David B. fVorris, Jr., and knows him to be VICe President of said Companfes; and ihat the
Slgnature of David B. Narris, Jr., subscribed to said Power ot Attomey is En the genulne fiandwriting pl David B. Norris, Jr., and was thereto SubsCribed by auihodty of said By-
Laws and in deponent's presence.
Notar�a� sea( KATM�RINE J. ADELAA�!
N, NpTARY PUBLIG Of NE1N JfkSF�
N�.2316685 G��%�� ��
� NOiARY � C�rnmie�i�n F.acpi�s July 1�i, 20i�
'� �`'° � n�aa�y P�e���
��°bBL�'.
•�?',�t$� C�RTtFICATION
Extract from the By- Laws ai FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNI'fY°COMPANY:
"All powers of attomey tor and on behalf of tha Company may and shell he executed in the name end on behall 01 Ehe Company, either hy the Chairman pr the
President ar a Vice President or an Asslstant Vice Presidanl, jointly with the Secretary or an Asslslant Secretary, under their respective designalions, ihe
sfgnsture of such offrCers may be engravad, printed or lithographed. The sigrtature of each oF the following otficers: Chxlrmarr, Presrdent, any Vice President, any
Assistant Vtce Presidenl, arry Secretary, eny Assistant Secretary and the seal of the Company may ba aifixed 6y facsimlle to any power of ariomey or ta any
ce„i(icafe relating thereto appointing Assistant Secreiaries or Attomeys- in- Fact for pu�poses only of exeCUting and attesting bonds and undertakings and other
writings obligalory in 1he nature thareot, and any such power of attomey or certificete besring such faasimile signature or facslmile seal shall be valid and binding
upon the Company and any such power so executed and certified by such iacs;mlle signature and facsimile seal shalf be valld and binding upon the Company
wilh respect fo any bond or undertaking io vyhich It is aitashed."
I, Kenneth C, Wendel, Assistant Secrelary of FEDERAL INSIIAA�IGE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMIVITY COMPANY
(the `Companles") do hereby Certity that
(ij the foregoing ex�ract ot 1he 6y Laws of the Companies is irue and correct,
(ii) tha Companiss are duly licertsed and autho�ized to transaet surety buslness fn all 50 of the Untted Siaies ai Americe and the Dlstrict Ot Columhia and are
authorized by the U.S. Treasury Departmer�; further, Federaf and Vigilant are licensed in Puer6o Rieo and the U.S. Virgin Isfands, and Federaf is Ilcensed In
American Samoa, Guam, and each of the Prwinces o1 Canada except Prince Edward Island; and
(iii) the toregoing power n1 Attomey ts true, cotr�ct and in ful! force and etfect.
Given undgr my hand and se81s ot sald Companies at Warren, NJ this j Qth day of November , 2 � 11
a*y�Ra�n " `�gut�ke�,r
� � . . � � � M �� °x
s w �
�� %� * � � * �
'x'DIAN�` �s , *'�,dWYO�*,
Kenneth C. W del, Assistant Secretary
!N TH� EV�NT YfJU WESH TO NOTIFY US pF A CtAIMi, VERIFY THE AUTFiENT1CITY OF THIS BOND OR NOTlFY US OF ANY OTHEp
MATr�Fr, rLEASE C4NTACT U5 AT ADDRESS LISTED AB�VE, OFi BY Telephane (908) 903- 3493 Fax {908) 903- 3858
Form 15,1 Q- 02268- U{Ed. 5- 03) CONSENT
SUPPLEMENTAL AGREEMENT N0.09
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
T�OT CSJ No. 0918DNTON;
CONTRACT NO. 9X2AV054
On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter
called "Sponsor", acting by and through the Texas Department of Transportation, hereinafter
called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more
fully described in the Contract Documents. Supplemental Agreements 1 through 8 were
executed for additional work.
The contractor agreed to perform all the work described in the Contract Documents for a surn not
to exceed $6,423,813.12.
In compliance of General Provisions, Section 40-04, Extra Work, it is deemed necessary to
amend the contract documents to add work items and increase project completion time.
WORK:
It is hereby agreed between the parties hereto that the following item be added to the contract:
DESCRII'TION QTY UNIT UNIT TOTAL
ITEM COST COST
SA9.1 L-109 - Furnish and install old glide slope 1 LS $805.00 $805.00
disconnect switch
TOTAL CFIANGE $805.00
NSTIFICATION:
The equipment requested to be replaced by FAA because it is old and vulnerable to failure.
CONTRACT TIN1E
The contract time will be increased by 2 calendar days; contract time with all approved change
orders and supplemental agreements will be 157 calendar days.
CONTRACT PRICE:
The Contractor agrees to perform all the work described in the Contract Documents for a sum
not to exceed $6,424,618.12. This price shall be full compensation for all labor, materials,
equipment and incidentals necessary to complete the work as described in the plans and
specifications.
Page 1 of 3
It is further agreed, that no other provisions of the coniract, plans, specifications or special
provisions shall be changed by this agreement.
In, witness whereof, the parties hereto have executed, or caused to be executed by their duly
authorized officials this agreement, in triplicate, each of which shall be deemed an original on
the date first written above.
CONTRACTOR - � �'' ° �' � �"' �0 !' �' Co w..PR �,�
By: �� o. !�X Z Sa
(Address)
Date: � a - � � "" ��
Title: V,'�G - �2�s%�E,✓T
(Name of Firm)
THE STATE OF TEXAS
COUNTY OF ���T��✓
cT% � �/ To�1 �'�E-X /�' S? j, 'Lo z�
(City, State, Zip Code)
S�9 • 38�• z�`d�
(Phone Number)
Before me, the undersigned authority, on this day personally appeared ���L��err �� ,
known to me to be the Contractor named in this contract, and is the person whose naxne 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 l Z day of ,��e�.��E�- , A.D. 2011.
K^r,
::+ � .:
�. Hq�
'� '=''"'""'' HILDA SALAZAR
cv '=�::�e�"=
� ��• •- Notary Public, State of TexaS
,;"�;;F � '�;:' My Commission Exp.12-11-2U15
�'� , '•��,�; � ���'' ,
��...�-.
7 ?
Nota � ublic�ate of T xas
--� ���d�. ��c���2w�
(Printed or typed name)
���11 ��1_UI5
My Commission expires
Page 2 of 3
Re: Bond #8219-12-38
SURETY APPROVAL
Federal Insurance Company
(Firm Name)
� �I,"1�17.1
�
Connie Jean Kregel
(Printed or Typed Name)
December 13, 2011
Date
ACCEPTANCE BY THE 5TATE
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.
B ' Date: /02 �J� � I
y: ,
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Page 3 of 3
Chubb PQWER Federal �nsurance Campany Attn: Su�ety Department
QF Vigilant Insuranae Cvmp�ny 1� �ountain View Raad
SuCety ATTORNEY pacific Indemnity Company Warren, NJ 07059
c[-�u�ea
Know All by These Presents, That FEQERAL INSURANC� COMPANY, an Indiana corporation, VIGILAN7 INSURANC�
COMPANY, a iVew Yortc corpora#fon, and PQC1FfC tNDEMIVITY CQMPANY, a V►fiscansin corporatfon, do each hereby constitute and
appoint Be�t Guiberteau ]r, af Baton Rouge, Lau9siana; Stephen L. Cory Mela,n�e Stern and Pamela K.
Tucker of Metairie, Louisiana; Cannie ]ean ltrege! and ]effrey Todd McIntos� of Richardson, Texas --
each as thelr tnte and lawful Attomey- in- Facl to executg uncler such designatian tn lheir names and 1a affix thelr corporate seals to and deliver for and on their behalf as surety
thereon or othervvlse, bonds and unde�lakings and ather writings ohligatory in the nature thereat (other tfian bail qonds) givan or executed in the course of buslhess, and any
instruments amendfng ar altering Ihe same, and cansents io the modification or alteretion of any instrument referred to in said bnnds or obllgations.
la Witness Whereoi, said FEDERAI. INSURANCE COMPANY, VIGIL4NT INSURANCE COMPANY, and PACIFIC INQEMNl1Y COMPAµY have each executed and attested
these presents and affixed thelr corporata seals on this �i fiih d�y or March, 20i f.
,% � r
� �..
anrtet C. INerads, Rss� n S cr2 +y david . otris, Jr„ Vlce Presl
STATE OF NEYJ JERSEY
ss.
Cnuniy aF Somerset
On this 16th day of M�rch, 2�11 befar� me, a Natary Public of New Jersey, personaliy came Kennelh C. Wendel, to me
knawn ta be Asslstant Seoretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INaEMfViTY C�MPANY, the companies which
exeauted the foregaing Power of Attamay, an8 the said Kenneth C. Wendel, being qy me duly swom, did depose and say that he is Assistant Secretary oi FEDERAL
INSLiRANCE COMPAIVY, VIGILAN7 INSURANC� C4MPANY, and PACIFIC INAEMNII'Y COMPANY and krwws ihe corporate seals Ihereof, that ihe seals aHixed to the
foregoing Power of Attomey are such corporata seals and were ihereta aHixed by authoriiy of the By- Laws of said Companies; and ihai he signed said Power of Attomay as
Assistant Secretary oi seid Companies by Iike authoriiy; and that ha is acquainted with David 8. Narris, Jr., and knows him to be Vice President of said Companies; and that the
signa�ure of David B. Narris, Jr., su6scribed to said Power o1 Attomey is in the genufne handwriting af David B, Norris, Jr., and was therelo subscribed by authonty of safd By-
Laws and in deponent's presance.
Notarial seai [(ATI�ERINE !. ADELl1�4R
N, NOTARY PUBl.lC OF NEW lfkSfl
Nr. 231 b685 G��,%i,Gf ��
� KOTARY � �rnmi�a�n F�cpirea July 1�,� 2Q1� y,
� ��° � Notary Puhlie
�i�81�
y�'dEf19� CERTlFICATION �
Extract from the By- Laws of FEDERAL INSURANCE CDMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY�COMPANY:
"All powers of aKomey lar and on bahalf of ihe Company may and shatl he executed in the name and on behalf ol ths Company, eithar 6y the Chairman ar the
Preside�t or a Vice President or an Asslstant Vice Presidenl, jalntly with the Secretery nr an Assistant Se�2tary, under their respective designations. The
slgnature of such o�ficers may tre engraved, printed or Hthograghed. The signature of eaeh of the folfowing ofi�cers: Chalrman, Presidant, any Vrce Presldent, eny
AssiStant Vice President, any SeCretary, any Assistant SeCretary and ihe seal of the Campany mey be aflixed by lacsimlle to arry power of ariomay or to any
eertificaYe relating thereto appointing Assistant Secretaries ar Attomeys- In- fact for pu�poses nnly of exeCUting and attesting bonds and unqertakings and other
writings obligalory in the nature thereoi, and any such power of aftomey or certlficate bearing sueh faesfmile signature or facslmlle seal shaN bs vafid and bindfng
upon the Company and any such power so executed and ce�ilfied by such facsimile signature end facsimile seal shall be valid and binding upon the Company
wlih respect Yo any bond or undertaking ta v,�hich it is ailaohed."
I, Kenneth C, Wendel, Assistant Secretary of FEDERAL IN3UAANCE CC7MPANY, VIC�ILANT INSURANGE COMPANY, and PACIFIC INDEMNITY CAMPANY
(the `Campanles") do hereby certiiy that
(Ij the foregoing exlract of Ihe By- Laws oi the Companies is true and correct,
(ii) the Companiss ara duly licansed and authorized to iransaet surety 6usiness In a1l 5D of the United Staies oi America and the �istrict Of Columbia and are
authorizad by the U.S. Treasury Departmer�; �urther, Federal and Vigitant are Iicensed kn Puerl� Rico and the U.S, Virgln Islands, and Federa[ is licensed In
American 5amoa, Guam, and each of the Prrninces of Canada except Prince EdwarC Is�and; and
(iii} the iorego(ng Power af Attomey is true, carrect and in Eull force and effect.
Given under my hand and seals of sald Companies at Warren, NJ this 13 th
�,�►° �� Nm �'li��k�'R
��fso+,rr `�fy� �l� �`px
3 °
�+1 • • r � ��~
♦ • `� �
m T s � s +F
Manw� �Ew vo��'
eayot December, 2011
. L./v
Kenneth C. W del, Assistant Secretary
lN THE EVENT V013 W1SH TO NOTIFY US OF A CLA1M, VERIFY THE AUTHEN7IGITY OF THI$ BOND OR NOTlFY US OF ANY OTHER
MATfEH, PLEASE CONTACT US AT ADDRESS LISTED A60VE, ON BY Teiephone (908) 9U3- 3493 Fax (908) 903- 3656
e-mail: sure �chubb.com
Form 15-10- d225B- U(Ed. 5- 03} CONSENT
SUPPLEMENTAL AGREEMENT NO.10
TO AGREEMENT BETWEEN
SPON50R A1VD CONTRACTOR
TxDOT CSJ No. 0918DNTON;
CONTRACT NO. 9X2AV054
On June 2, 2010 a contract was entered into by and between the City of Denton, hereinafter
called "Sponsor", ac�ing by and through the Texas Department of Transportation, hereinafter
called "Agent," and Jagoe-Public Company, Contractor, for airport improvements as is more
fully described in the Contract Documents. Supplemental Agreernents 1 through 9 were
executed for additional work.
The contractor agreed to perform all the work described in the Contract Documents for a surn not
to exceed $6,424,618.12.
In cornptiance of General Provisions, Sections 40-02, Alteration of Wark and Quantities, and
40-04, Extra Work, it is deerned necessary to amend the contract docurnents to include
adjustments to existing work items and add work. .
�
WORK:
It is hereby agxeed between the parties hereto that the following items be added and adjusted in
the contract:— -
SA10.01
SA40.02
SA10.Q3
SA10.04
SA10.05
SA10:06
SA10.07
5A1D.08
SA10.09
SA70.1 D
SA10.11
SA10.12
SA1D.13
vVhite Markings (ReflectWe)
Yellow Ma►kings (Retlecti�e)
Temporary Cool. Weather Seeding
install 1I0 AWG, 600V, THWN Cable in Ducl
Install S2 AWG, 6QOV, THWN Cahte in Duct
Ins[all #4 AWG, 600V, 71iWIV Cable fn �uct
Install 12 Pair, #19 Ga., IndividuaNy Shielded, Gal Filled R�.
Underground ielephone Cabte in Dud
�yp AWG, 600V, THWN Cable in Duct
Trench, Backfill, and CompaCt 6" Wide Trench
Install 2" Sch 40 PVC Conduit in Trencn
��s�� #g q�yG Type.C, 5kV Cable in Duct
Revise LOCaGzer & Glide SWpe �haRer Grounding
Fumish 8 instal4 Fire Hydrant Assembfy & 6" Gate Val�e
SF
5F
ACRE
LF
LF
LF
LF
LF
LF
LF
LF
tS
EA
30827
2196
2227
757
4202
879
�$0,24 $7.398.48
$D.28 $614.88
$3�0.00 $300.00
$3.19 $6,903.70
$3.OU $2.271.00
$2.10 52,524.20
$4.20 $3.691.80
500 $4.40 52,200.00
694 83.1U 82,15T.4b
400 $1.60 $840.DD
3710 5148 $4.633.90
1 53,665.00 33 665.00
-i - E7,OQO.QO (�7.QD0.�0}
5ubtotal $29.984.36
JU�TIFICATION:
Existing items adjusted far overages for runway and taxiway paint, seeding, and wiring. A credit
is due to deletion of fire hydrant not installed with the waterline. The gounding change to
Localizer and Glide Slope shelters are requested by the FAA.
CONTRACT PRICE:
The Contractor agrees #o }�erform a1� t�e wo��C c�esc�ibed i� the ��t�act �loc�e��s �t}r a siun �fl�
to exceed �6,454,612.48. This price shall be full compensation far a11 labor, materials,
equip�ne�t atie� incidentals necessary to complete the work as described in the plans and
specifications.
It is further agreed, that no other provisions of the contract, plans, specifications or special
provisions sha11 be changed by this agreernent.
In, witness whereof, the parties hereto have �ecuted, or caused to be �ecuted by their duly
authorized officials this agreement, in triplicate, each of which shall be deemed an original on the
date first written above.
CONTRAC�OR � oL - � �1rG �'M'i�°'��
By: �o . /�o}� ZS p
(Address)
Date: �E.B�G��i /3� T.olZ
Title: . �f. ' `�ti�s'�o�,e.�-6�
(Name of Firm)
�E„r� o�✓, i axas ?bLO �.
(City, State, Zip Code)
qtLo- 3�Z-zS'B l
(Phone Number)
Re: Bond #8219-12-38
T'IiE STATE OF �EXAS
COUNTY OF ,�fa✓�or✓
Befare me, the �dersigned authority, on this day personally appeared ��� C��i T� '
known tc� me to be the Contractor n�med in this contract, and is th� person whose n�m� 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 e�ressec�.
Given under my hand and seal of office this �� day of /'��►�u��y , A.D. 2012.
°'Q�''�e•ti CRYSTAL BATfEPI DPPER
� o �,..... : c�• Y PUBLIC
, =t �, i MOTAR
q* s 3 y; 5� p} Texes
�'�".� oF �'� Comm. Exp. 06-21-2014
C.� � -�
Notary Pu lic, State of eYas
\�1
(Print d or typed n )
��Zt/��i�
My Commission expires
�URET�' APPR���L
Federal Insurance Company
(Firm Name)
I�
Connie Jean Rregel
(Printed or Ty�ed Name}
February 14, 2012
Date
Chubb PQWER Federal xnsurance Company Attn: Surety Department
OF Vigifant Insurance Compa�y i5 Mauntai� Viaw Road
SuCety ATTORNEY pacific Indemnity Company Warren, NJ 070�9
cHU�a
Know All by These Presents, That FEDERAL INSURANC� GOMPANY, an Indiana corporation, VIGILAN7 INSURANC�
COMPANY, a[Vew Yorfc carparatfan, and PRC1FfC IPIDEMMITI' COMPAfVY, a 1Nisconsin corporation, do each hereby const+tute and
a point Bert Guiberkeau Jr, of Baton Rouge, L.auisiana; Stephen L. Cory Melani� Stern and Pamela K.
ipucker of Metairie, Louisiana; Cannie ]ean�Cregel and ]effrey Todd McIntos� of Richardsan, Texas --------
each as their true and lawful Attomey in- Fact to execule under such designation in iheir names and to affix theft Cotporate seals lo and deliver for and on their bqhalf as surety
thereon or olherwise, bonds and underiakings and other wri6ngs ohligatory in the nature thereof (other tfiars bail bonds) given ar executed in the course o1 buslness, and any
instruments amending or altering the same, and consents to the modificatlon or alteratfon of any instrumeni referred to In said bflnds or obligatlons.
In Witness Whereof, saiq FEDERAI, INSIlRANGE COMPANY, YIGIL.ANT INSURANCE COMPANY, and PACIFIC IN�EMNl7Y COMPANY fi�ave each executed and atissted
these presents and affixed thelr corporate seals on this y b�ff1 day of �8CC�1� ��i 1.
� ��'.� - / F
�-
enneth C. Werrde , Assi n S cr2 ry Davi . orrls, Jr„ Vtce Presi
STATE OF NEW JEflSEY �
ss.
County af Samerset
On this 1 B#h day of Ma�rch, 2a11 before me, a Natary PubUc oi New Jersey, personaliy came I(enneth C. Wendel, to me
known !o be Asslstant Secretary ot FE�ERAL INSURANCE COMPANY, VIGiLANT IiJSURANCE COMPANY, and PACIFIC IN�EMNITY C4MPA�3Y, the companies wh�ch
exeCUted the foregoing Fower of Attomey, and tha said Kenneth C. Wendal, being by me duly swom, did depose and say that he is Ass+stant Secretary of FEDERAL
INSURANCE COMPANY, VIGILAN7 ItVSURANCE COMPANY, and PACIFIC 1NAEMNITY COMPANY and knows the corporate seals thereof, Ihat Ihe seals aHixed to the
loregoing Power of Attomey are such cotporate seals and were ihereto affixed by author(ty of the By- Laws of said Companies; and thai he signed sald Power of Attomey as
Assislant Secretary oi said Gompanias by Iike authoriiy; and ihat he is acquainted with David B. IVorris, J�., and knovus him lo be VICe Presldent of said Companias; and ihat the
signature of oavid B_ Norris, Jr., subscrlbed to said Power oi Attomey is in the genuine handwdting qt David B. Norris, Jr., end was thereio subscribed by autFmrity of safd By-
Laws and in deponent's presenoe.
Nn1_?rial Ser�{ KATHERINE 1. /1DELAAR
N, N�TARY PUBL4G OF NEW JfkS�l
OTAf# r N�.2a1666S G��,%�� ��
� K Y� �nrr►m�sFi�n Expinrs July 2 S, 201�
� "�'° � Notary PuBlic
y �ue��
•�',l�f{9 CERTtFICATION
Extract from the By- Laws of FEDEFIAL INSURANCE COMPANY, VIGIf.ANT INSURANCE COMPANY, and PACIFIC INOEMNITY'COMPANY:
"All Powers of attomey for and on behalf of the Company may and shatl Ba exacuted in the name and on behalf of Ehe Company, either tiy the Chairman ar the
President or a Vice President or an Asslstant Vice President, jointly wlth the Secrelary nr an Asslslant Secratary, under thelr respective designatians. The
stgrtature af such of�icers may tre enqraved, printed or IIM�oyrsphed. TYre signature of eac� of the �alfowing afFicers: Chalrmerr, Presidant, xny Yfce Presfdertt, xny
AssiBtant Vice Presidenf, any Secretary, any Assistartt SeCretary and 1he seal of the Cvmpany may be aflixed by facsircrile to any power of attomey or to any
certillcate relating thereto appointing Assfstant Secreiaries ar Attomeys- in- Fact for purposes only ot execu8ng and attesting bonds and unciertakings and other
writings obligalory in the nature thereof, and any such pawer of attomey or certlflcate be�ring such faasimile signature or tacsimile seal shalt be valid and bindtng
upon the Campany and any such power so executed and ce�tified by such facstmile stgnature and facsimile seal shalE he valld and binding upon the Company
wilh respect fo any bond or undertaking ?o which It is ailached."
I, Kenneth C. Wendel, Asalstant Secretary ul FED�RAL INSURANCE COMPANY, VIGiLANT INSURANCE COMPANY, and PACIFIC INOEMNITY COMPANY
(the "Campanles") do hereby certlfy that
�
�
the foregoing extzact al lhe By- Laws of 1he Companies is true and correct,
the COmpanlss are duly licensed and authorized ta iransaet surety buslness In all 50 of the United Staies of America and the Distdct Of Columk�ia and are
authorized by the U.S, 7reasury �epertmert; further, Federaf and Vigilant are Ilcensed in Puer�o Rico and the U.S, Virgln Islands, and Federa[ is Itcensed In
American Samoa, Guam, and each o1 the Pravinoes of Canada except Prince Edward Is�and; and
the foregotng Power oi Attomey ts true, correct and fn fulV farce and effect.
Glven und�r my hand and seals of sald Companles at Warren, NJ thls 14th day of February � 2 � 1 i
��� .��s Nam �+�'�M�F
L� i� 1,v alb,�C � �pL
�q . ., � Y� 3 x
r
w Y # � �i *
'�anHa �s � '�e+v vo�
. [�'v
Kenneth C. W del, Asslstant Secretary
IN THE EVENT Yqli W1SH TO NOTIFY US OF A CLA1M, V�RIFY THE AUTHEN7ICIN OF THIS BOND OR NOTIFY US OF ANY OTHER
MATTER; PLEASE CONTACT US AT ADDRESS LISTED ABOVE, ON BY Telephone (908} 9d3- 3493 Fax (906) 903- 3656
e-mail� sure �chubb.com
Form 15-10- 02256- U(Ed. 5- 03} CONSENT
ACCEPTANCE BY THE STATE
Executed by and approved for the Texas Transportation Comrnissiot�, agent for the S�onsor, for
the purpose and effect of activating and/or carrying out the orders, established poiicies, or work
progratns heretofore approved and authorized by the Texas Transportation Commission.
�
�y: r Date: a - � %' /�
��vl� S. Fulton, Director
Avl�tfOn �Ivision
Texas I�e�ar�m�r�t of T�ansportation