2001-463FILE REFERENCE FORM I 2001-463
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Change Order with Contractor-Sumount Corp. attached 05/03/02
Supplemental Agreement No. 02 w/Contractor, Sunmount Corp. attached 07/01/02
Supplemental Agreement No. 03 w/Contractor, Stmmount Corp. attached 07/10/02
Amendmem No. 1 - Ordinance No. 2002-209 07/16/02
Amendment No. 2 - Ordinance No. 2003-114 05/13/03
Supplemental Agreement No. 01 w/Contractor, Rural Electric attached 06/23/03
Supplemental Agreement No. 02 w/Contractor, Rural Electric attached 07/31/03
Supplemental Agreement No. 03 w/Contractor, Rural Electric attached 09/29/03
NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS
AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton or his designee is hereby
authorized to execute on behalf of the City of Denton an Airport Project Participation
Agreement with the Texas Department of Transportation relating to construction services
to rehabilitate and mark Runway 17-35 and other improvements at the Denton Municipal
Airport, a copy of such contract being attached hereto and made a part hereof for all
purposes and referenced as TXDOT Contract No. 2XXAV028 (the "Agreement").
SECTION 2. The City Manager or his designee is the City's authorized
representative who is directed to comply with any assurances, conditions, or agreements
required to' be executed to receive the funds provided under the Agreement
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED th/s the ]/~1(~ dayof~/~~ ,2001.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ATTORNEY
EULINEBROC~MAYOR
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Gran0
TxDOT Project No AP DENTON 2
TxDOT CS3~No 0218DNTON
TxDOT Contract No 2XXAV028
Part I - Identification of the Project
TO The C~ty of Denton, Texas
FROM The State of Texas, acting through the Texas Department of Transportation
Tl~s Agreement is made and entered into by and between the Texas Department of
Transportation, (here~na~er referred to as the "State"), for and on behalf of the State of Texas,
and the City of Denton, Texas, (heretna~er referred to as the "Sponsor")
The Sponsor desires to sponsor a project for the development of a public awatlon facility,
known or to be designated as the 3arport under the 3arport and 3arway Improvement Act of
1982, as repealed and reeodtfied an T~tle 49 Umted States Code, Section 47101 et seq,
(herelna~er referred to as "Title 49 U S C "), and Rules, Regulations and Procedures promulgated
pursuant, and under V T C A Transportation Code, Title 3, Chapters 21-22, et seq (Vernon and
Vernon Supp)
The project ~s described as follows construction services to rehabilitate and mark Runway
17-35, reconstruct part~al parallel tax,way, rehabilitate and mark parallel and stub tax,ways to
Runway 17-35, rehabilitate and mark hangar access taxlways, ~nstall medmm intensity tax,way
hghts and edge reflectors, rehabilitate apron, reconstruct apron, construct hehpad, upgrade
Runway s~gnage, and install security fencing at the Denton Mumc~pal Aarport
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent m matters connected w~th the project described above
The parties, by thts Agreement, do fix their respective respons~bflmes, wtth reference to
each other, w~th reference to the aeeomphshment of the project and w~th reference to the Umted
States
Pursuant to and for the purpose of carrying out the provlstons of Title 49 U S C, and in
consideration of (a) the Sponsor's adopuon and rauficat~on of the representations and assurances
contained m the 3arport Project Participation Agreement and ~ts acceptance of tbas Offer as
prowded, and (b) the benefits to accrue to the Umted States and the public from the
aecomphshment of the project and comphance w~th the assurances and conditions as hereto
prowded, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON
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BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as
the Umted States share of the allowable costs recurred m accomphstung the project, mnety
percentum of all allowable project costs Tlus grant ~s made on and subject to the following terms
and conditions
Part H - Offer of Financial Assistance
1 The allowable costs of the project shall not xnclude any costs deternuned by the State to be
mehgible for consideratmn as to allowability under Title 49 U S C, the V T C A
Transportatmn Code, Title 3, Chapters 21-22, et seq, (Vernon and Vernon Supp), and the
A~rport Zomng Act, Tex Loc Govt Code Ann §§ 241 001 et seq (Vernon and Vernon
Supp)
2 It ~s estimated that construction project costs w~ll be approximately $1,958,000 00
(Amount A) It is further estimated that approximately $1,958,000 00 (Amount B) of the
project costs will be ehg~ble for federal financial assistance, and that federal financial
assistance will be for mnety percent (90%) of the eligible project costs Final
deterrmnation of federal eligibility of total project costs will be deternuned by the State ~n
accordance with federal guidelines fullowmg completion of project
3 The maximum obligation of the Umted States payable under tbas offer shall be
$1,762,200 00 (Amount C)
Tl~s 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 th~s grant and not to
amend the scope of work to include items outside of'the current detenmned needs of flus
project Scope of work may be amended as necessary to fulfill the unforeseen needs of
flus specific development project within the sprat of the approved scope, subject to the
avaflabflay of state, federal, and/or local funds
4 It is estimated that the Sponsor's share of the total project costs will be $195,800 00
(Amount D) The Sponsor specifically agrees that it shall pay any project costs, wluch
exceed the sum of the federal share (Amount C)
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor wluch are in excess of the federal percentage of
financial participation as stated in Paragraph II-2 The State shall refund to the Sponsor,
at the financial closure of the project, any excess funds provided by the Sponsor
5 It ~s mutually understood and agreed that ~f, dunng the life of the project, the State
deterrmnes that the grant amount exceeds the expected needs of the sponsor by $5,000 or
five (5%) percent, whichever is greater, the grant amount can be umlaterally reduced by
letter from the State advising of the budget change and a refund of the sponsor share of
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the reductton wall be done Conversely, ffthere as an overrun in the ehglble project costs,
the State may increase the grant to cover the amount of overran not to exceed the
statutory fifteen (15%) percent hnutataon, and will advise the Sponsor by letter of the
increase Upon receapt of the aforementaoned letter, the maxamum obhgataon of the
Umted States as adjusted to the amount specafied and the Sponsor wall renut thear share of
the increased grant amount
Partacapatmn m addmonal federally ehg~ble costs may reqmre approval by the Texas
Transportatton Conumssaon The State wall not authorize expendatures m excess of the
dollar amounts denttfied m tlus Agreement and any amendments, wathout the consent of
the Sponsor
Payment of the Umted States share of the allowable project costs wall be made m
accordance w~th the prov~saons of such regulatmns and procedures as the State and the
FAA shall prescribe Final deternunataon of the Umted States share will be based upon the
final audat 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 prod amtmlly an cash when requested
by the State At project closeout, Sponsor wdl be retmbursed for any credated amounts
that exceed Sponsor's share
7 Sponsor, by executing thts Agreement cemfies, and upon request, shall furmsh proof to
the State that at has sufficaent funds to meet ats share of the costs as heretofore stated The
Sponsor grants to the State and federal government the right, upon advance written
request dunng reasonable and regular business hours, to audit any books and records of
the Sponsor to verify the funds In addmon, the Sponsor shall dxsclose the source of all
funds for the project and ats abflaty to finance and operate the project
Following the executton of flus Agreement and upon written demand by the State, the
Sponsor's financaal obhgataon (Amount D) shall be due and payable to the State State
may request the Sponsor's financml obhgataon ~n partial payments Should the Sponsor fail
to pay smd obhgataon, esther an whole or m part, wtthm 30 days of written demand, the
State may exercase its rights under Paragraph V-7 Lakewase, should the State be
unwdhng or unable to pay tts obhgataon an a t~mely manner, the fatlure to pay shall be
consadered a breach and the Sponsor may exemse any rights and remedtes at has at law or
eqmty
PART HI - Sponsor Responsibilities
1 In accepung the Agreement, the Sponsor guarantees that
a at wall comply wath the Attachment A, Certaficataon of Aarport Fund, attached and
made a part oftlus agreement, and
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at wall comply wath the Attachment B, Cert~ficatton of Project Fund, attached and
made a part of this Agreement, and
at wall comply wath the Attachment C, Airport Assurances (9/99)(State Modtfied
9/99), attached and made a part of this Agreement, and
at wall, an the operataon of the facfltty, comply w~th all apphcable state and federal
laws, rules, regulattons, procedures, covenants and assurances reqmred by the
State of Texas or the FAA m connectaon wath the federal grant, and
the .4arport or navagataonal facfltty which as the subject of this Agreement shall be
controlled for a period of at least 20 years, and tmprovements made or acqmred
under this project shall be operated, repatred and matntmned tn a safe and
servtceable manner for the useful hfe of smd amprovements, not to exceed 20
years, and
conststent w~th safety and secunty reqmrements, ~t shall make the mrport or mr
navagataonal facflaty available to all types, k~nds and classes of aeronautacal use
wathout unjust dascnnunatton between such types, lands and classes and shall
provtde adequate pubhc access dunng the term of this Agreement, and
at shall not grant or permtt anyone to exerctse an exclusave right for the conduct of
aeronautacal actavaty on or about an atrport landtng area Aeronauttcal acttvmes
include, but are not bmated to scheduled atfltne fl~ghts, charter flaghts, fltght
mstructton, mrcraft sales, rental and repmr, sale of awataon petroleum products and
aerial apphcauons The landtng area conmsts of runways or landmg stnps,
taxaways, parlong aprons, roads, mrport hghtmg and nawgat~onal rods, and
at shall not permat non-aeronautaeal use of atrport facflaues, unless noted on an
approved Airport Layout Plan, wathout prior approval of the State/FAA, and
at shall not enter anto any agreement nor permtt any mrcraf'~ to gmn dtrect ground
access to the Sponsor's atrport from private property adjacent to or an the
ammedaate area of the atrport Further, Sponsor shall not allow atrcrat~ dtrect
ground access to private property Sponsor shall be subject to this prohibatton,
commonly known as a "through-the-fence operatton," unless an exceptaon is
granted an wrmng by the State due to extreme carcumstances, and
at wall acqmre all property anterests adentafied as needed for the purposes of this
project and comply w~th all apphcable state and federal laws, rules, regulataons,
procedures, covenants and assurances reqmred by the State of Texas or the FAA
in connectaon wtth the federal grant an the acqutsttaon of such property interests,
and that airport property adenttfied w~thin the scope of this project and Attorney's
Certaficate of Airport Property Interests shall be pledged to airport use and shall
not be removed from such use w~thout prior written approval of the State, and
the Sponsor shall subrmt to the State annual statements of mrport revenues and
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expenses as requested, and
all fees collected for the use of an airport or navigational facd~ty constructed w~th
funds prowded under the program shall be reasonable and nondmscnrmnatory The
proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or nawgat~onal facday0tes)
Sponsor shall not be reqmred to pledge income received from the nuneral estate to
airport use unless state and/or federal funds were used to acqmre the nuneral estate
of airport lands or any interests theremn, and
m an Atrport Fund shall be estabhshed by resolution, order or ordinance ~n the
treasury of the Sponsor, or evidence of the prior creatmn of an ex~sttng airport
fund or a properly executed copy of the resolutton, order, or ordinance creatmng
such a fund shall be subrmtted to the State Such fund may be an account walun
another fund, but must be accounted for ~n such a manner that all revenues,
expenses, retained earmngs, and balances m the account are dmscermble from other
types of moneys ~dent~fied ~n the fund as a whole All fees, charges, rents, and
money from any source derived from mrport operattons must be depostted m smd
A~rport Fund and shall not be dmverted to the general revenue fund or any other
revenue fund of the Sponsor All expendmtures from the garport Fund shall be
solely for amrport or airport system purposes Sponsor shall be ~nellg~ble for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has comphed w~th the reqmrements of thts subparagraph,
and
n the Sponsor shall operate runway hghtmg at least at low ~ntenmy from sunset to
sunrise, and
o insofar as ~t ~s reasonable and w~thm ~ts power, Sponsor shall adopt and enforce
zomng regulattons to restrict the height of structures and use of land adjacent to or
m the ~mmedmte wcnnty of the airport to hemghts and actmwttes compatible with
normal airport operations as prowded ~n Tex Loc Govt Code Ann {}{}241 001 et
seq (Vernon and Vernon Supp ) Sponsor shall also acqmre and retain aviation
easements or other property ~nterests in or rights to use of land or mrspace, unless
Sponsor can show that acqms~t~on and retention of such interests wdl be
~mpract~cal or will result mn undue hardslup to Sponsor Sponsor shall be mehgtble
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
zomng ordinance or order approved by the State, and
p ~t will proxade upon request of the State, the engmeenng or planmng consultant,
and the FAA cop~es of any maps, plans, or reports of the project state, apphcable to
or affecting the above project, and
q after reasonable not,ce, ~t will pernut the State, the FAA, and any consultants and
contractors assocmted w~th tl~s project, access to the project state, and wdl obtain
pemuss~on for the State, the FAA, and consultants and contractors associated w~th
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th~s project, to enter private property for purposes necessary to this project, and
r all development of an airport constructed wxth program funds shall be consistent
vath the ~rport Layout Plan approved by the State and mmntamed by the
Sponsor A reproducible copy of such plan, and all subsequent modlflcattons, shall
be filed vath the State for approval, and
s it shall take all steps, mcludtng btigation tf necessary, to recover funds spent
fraudulently, wastefully, or tn vtolatlon of Federal antttrust statutes, or masused tn
any other manner tn any project upon which Federal and State funds have been
expended For the purposes of flus grant agreement, the term "funds" means
funds, however used or d~sbursed by the Sponsor or Agent that were originally
prod pursuant to th~s or any other grant agreement It shall obtain the approval of
the State as to any deternunation of the amount of such funds It shall return the
recovered share, tncludmg funds recovered by settlement, order or judgment, to
the State It shall furmsh to the State, upon request, all documents and records
pertatmng to the detemunatton of the amount of the funds or to any settlement,
htigatton, negottat~on, or other efforts taken to recover such funds All settlements
or other final pom~nns of the Sponsor, in court or otherwise, lnvolvtng the
recovery of such funds shall be approved tn advance by the State
2 The Sponsor certifies to the State that tt will have acquired clear title tn fee simple to all
property upon wluch constructton work ts 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 btds
for such constructton or procurement of facilities that are part of the above project, and
within the ttme frame of the project, a suffictent tnterest (easement or otherwise) tn any
other property wluch may be affected by the project
3 The Sponsor, to the extent oftts legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and habdity due to actxvtttes of the
Sponsor, the Sponsor's agents or employees performed under flus agreement The
Sponsor, to the extent ofxts legal authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all expenses, tncludmg attorney fees
whtch rmght be mcurred by the State tn litigation or otherwise resisting said claim or
habflxttes wluch nught be imposed on the State as the result of such acuvtttes by the
Sponsor, the Sponsor's agents or employees
4 The Sponsor's acceptance of flus Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execuuon of flus xnstrument by the Sponsor, as
provtded, and the Agreement shall comprise a contract, constttutmg the obligations and
rights of the State of Texas and the Sponsor wtth respect to the accomphshment of the
project and the operatton and maintenance of the airport Such Agreement shall become
effecttve upon executton of flus 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 tn Tttle 49 U S C Sponsor agrees to assume responslbfltty for
6of 25
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, dunng and after the completion oft}us project
6 The Sponsor shall have on file w~th the State a current and approved Attorney's Certificate
of 3arport Property Interests and Exhibit A property map
7 The Sponsor shall have on file w~th the State, Attachment D, Certification Regarding
Drug-Free Workplace Requirements, attached and made a part oft}us 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 Umted States to be used for any project for airport development or noise
compatibility for which funds are provided under t}us grant The sponsor will include In
every contract a promslon implementing t}us special condition
9 SPECIAL CONDITION Except for instrument landing systems acquired with AlP
funds and later donated to and accepted by the FAA, the Sponsor must provide for the
continuous operation and maintenance of any nav~gational aid funded under the AlP
dunng the useful life of the equipment The sponsor must check the facility, including
instrument landing systems, prior to commissioning to ensure ~t meets the operational
standards The Sponsor must also remove, relocate, or lower each obstruction on the
approach or provide for the adequate lighting or marlang of the obstruction if any
aeronautical study conducted under FAR Part 77 deterrmnes that to be acceptable, and
mark and light the runway, as appropriate The Federal Aviation Adrmmstratlon will not
take over the ownership, operation, or maintenance of any sponsor-acqmred equipment,
except for instrument landing systems
10 SPECIAL CONDITION For a project to replace or reconstruct pavement at the
airport, the Sponsor shall implement an effective airport pavement maintenance
management program as is required by Pdrport 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 rmmmum,
the program must conform to the proxasions in Attachment E "Pavement Maintenance
Management Program", attached and made a part oft}us agreement
11 SPECIAL CONDITION For a project to construct hangar access to privately owned
hangar facilities, the sponsor shall require that at the end of the hangar lease period, not to
exceed 40 years in total, the hangar(s) shall revert to the sponsor
Part IV- Nomination of the Agent
1 The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either of
the parties for costs incurred
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2 The State agrees to assume the responslbd~ty 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
Receawng Disbursing Agent
a apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and prod or made avadable by the State and/or the Umted
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 m 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 englneenng and/or planmng services for, but not hrmted
to, the preparation of planmng studies, plans and specifications for the above
project and for the management of the construction of the above project, certif*y
consultant selection procedures, promde 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 tlus project,
f adrmmster Disadvantage Business Enterprises (DBE) and/or I-hstoncally
Underutilized Business (HUB) Programs in accordance with federal and state
regulations
Contract Management Agent.
g exercise such super~nslon and direction of the project work as the State reasonably
finds appropriate Where there is an irreconcilable conflict or difference of
opimon, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or materialman, the State shall issue a written order, which
shall prevail and be controlling,
h coordinate and review project plans, specifications and construction, coordinate
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and conduct progress and final inspections
Construction Phase:
authorize the advertisement, receipt and opemng of bads for construction of the
above project, and award contracts for constructaon of the above project and
acqmsmon of materials related to ~t, and execute, on behalf of the Sponsor,
constructaon contracts as related to flus project,
part~capate xn pre-bad and pre-constructaon conferences, and ~ssue orders as at
deems appropriate regarding constructaon progress, anclud~ng but not hwated to
Notxces to Proceed, Stop Work Orders, and Change Orders,
k rewew, approve and maintain record drawangs
PART V - Recatals
1 The State and Sponsor shall obtain an audat as reqmred by federal or state regulations
2 The Sponsor, and not the State, shall be the contractual party to all constructaon and
professmnal sennce contracts entered ~nto for the accomphshment of flus project The
power of attorney, as granted by the Sponsor to the State an Part IV - Nomination of
Agent, ~s a hrmted power to perform acts an connection w~th a~rport ~mprovements as
specified In or necessitated by flus Agreement
3 The Sponsor agrees to pursue and enforce contract atems, wtueh are reqmred by federal
and/or state regulations, laws and orders to ansure satisfactory performance of contract
vendors Such items include, but are not hnuted to, b~d bonds, payment bonds, and
performance bonds Pursmt and enforcement of contract ~tems may requare ht~gatlon and
other remedies of law
4 The Umted States and the State of Texas shall not be responsable or hable for damage to
property or injury to persons, wtueh may arise from, or be ~nc~dental to, comphance w~th
this grant agreement
5 This Agreement is executed for the sole benefit of the eontracttng parttes and ~s not
amended or executed for the d~rect or ancadental benefit of any tturd party Furthermore,
the State shall not be a party to any other contract or comnutment, wtuch the Sponsor
may enter anto or assume, or have entered anto or have assumed, an regard to the above
project
6 If the Sponsor fails to comply w~th the condmons of the grant, the State may, by written
nottce to the Sponsor, suspend the grant ~n whole or ~n part The not,ce of suspensaon
shall contain the following
a The reasons for the suspension and the correct~ve action necessary to hft the
9of 25
suspension,
b A date by which the corrective action must be taken,
c Notification that consideration will be given to terrmnating the grant alter the
correctave action date
In the case of suspension or ternunatlon, the Sponsor may request the State to reconsider
the suspension or temunatlon 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 A~rport Zomng Act, Tex Loc Govt Code Ann {}{}241 001 et seq (Vernon and
Vernon Supp ) Failure to comply w~th the terms of this Agreement or with the rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below
a Of primary importance to the State is compliance with the terms and conditions of
this Agreement If, however, after all reasonable attempts to require compliance
have faded, the State finds that Sponsor Is unwdhng and/or unable to comply w~th
any of the terms and conditions of this Agreement, the State may pursue any of the
following remedies (I) 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 bnng suit seelcng reimbursement of any money expended on the project
pursuant to the Agreement, provided however, these remedies shall not lmut the
State's authority to enforce ~ts rules, regulaUons 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 ttus Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties in Traws County,
Texas
8 The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably be demed
or delayed
9 Tlus Agreement constitutes the full and total understanding of the parties concermng their
rights and respons~blhtles in regard to this project and shall not be modified, amended,
rescinded or revoked unless such mod~ficaUon, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties
10 All comnutments by the Sponsor and the State are subject to constitutional and statutory
lmutations and restrictions binding upon the Sponsor and the State (including §§5 and 7 of
10 of 25
Article 11 of the Texas Constitution, if applicable) and to the availability of funds wNch
lawfully may be applied
11 The Sponsor's acceptance of tbs Agreement and ratification and adoption of the 3arport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor Tlus 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 Umted
States, the State of Texas and the Sponsor with respect to the accomplishment of the
ProJect and compliance with the assurances and conditions as provided
Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constitut~ng 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
Execu,ed,ks ,/5 day of ,2001
The City of Denton, Tex~/
~-' 'W~ness Signature - / Signature
City Secretary Acting City Manager
Witness Title Title
Certificate of Sponsor's Attorney
I, ~) ff~ ~ offa-.n-- , acting as attorney for
Texas, do cem~ that I have ~lly exa~ned the Agreement and the proceedings taken by the
Sponsor relating, and find that the ma~er of acceptance and execution, of the Agreement by the
Sponsor, m ~n accordance w~th the laws of the State of Texas
Datedat ~ ,Texas, tNs ~ dayof &~~ ,2001
Witness ~lgnat~re A~ e
-~tn~ss Tile
11 of 25
Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Comnuss~on for the purpose and effect of
act~vaUng,and/or carrying out the orders, estabhshed pohc~es or work programs and grants
heretofore approved and authorized by the Texas Transportation Cormmss~on
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
David S Fulton, D~rector
Avlabon
Texas Department of Transportabon
12 of 25
ATTACHMENT A
CERTIFICATION OF AIRPORT FUND
The Sponsor does certify that an Atrport Fund has been estabhshed for the Sponsor, and that all
fees, charges, rents, and money from any source derived from mrport operations will be depostted
for the benefit of the An'port Fund and vail not be dzvened for other general revenue fund
expenditures or any other specml 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 ~n such a manner that all revenues, expenses, retmned earmngs, and balances m the
account are dmcermble from other types of moneys ~dentlfied ~n the fund as a whole
The C~t¥ of Denton, Texas
(Sponsor)
Title Dxrector of Managment & Budget
13 of 25
ATTACHMENT B
CERTIFICATION OF PRO,I-ECT FUNDS
TxDOT Contract No 2XXAV028
TxDOT CSJNo 0218DNTON
The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as
identified in the A~rport Project Participation Agreement for said project will be available in
accordance wnh the schedule shown below
SPONSOR FUNDS
.Source Amount Date Available
State Treasury $195,800 lmmedmtely
Thc Sponsor, has caused tlus to be duly executed in ~ts name, tlus _~day of ,2001
The City of Denton. Texas
(Sponsor)
Tlt|e Dir. Management & Budget
14 of 25
fod~al funds Fu~hcrmor~, t~= duration of thc Civil ~ght~ a~uranc~ shall be specLfi=d m th= ~s~urances
15 of 25
Federal Regulations
14 CFK Part 13 - ~v~two ~d E~o~t ~ocedur~
14 CFRP~ 150 ~fl noise c~bbzh~ pl~
29 CFR P~ 1 Pro~ur~ f~ ~at~ ofwa~e ~ ~
29 CFRP~ 3 Con~ ~d ~bcon~ on pubhc budding or pubhc work f~ced m whole or p~ by
29 CFRP~ ~ ~bor ~ pmvmo~ apphcablc ~o con~ cov~g federally fm~ced ~d ~d
co~on (also l~r ~ provm~ applicable lo non~o~lon con~ sub~e~ to ~e Con~ Work
41 ~ P~ ~0 - ~ce ~Fed~l Con~ Comph~ce ~ Equal Emplo~ent ~po~umW ~t
of~bor
49 CFR P~ ~0 New r~aio~ ~ lobbying
49 CFR P~ ~3 P~l~p~on by D~dv~se Busme~ En~ m ~o~ Conc~o~
49 CFR P~ 24 U~ ~io~tion ~ ~d roal propmy ~qumtlon for Fed~al ~d feebly ~d
49 CFRP~ 27 Nond~tlon on ~e b~ls of h~dlcap m pro~ ~d ~lvitr~ recel~g or ~efitmg
~m Fed~a[
49 CFR P~ 29 - Oov~mt wide dcb~nt ~d sus~mmn (non procur~t) ~d gove~ent wide
roqu~en~ for ~g ~ workpla~ (~)
49 CFR P~41 Seisml~ ~e~ of Fod~al ~d federally ~ed or regulated new budding co~ma~onl
~eso ]a~ do not apply to a~o~ pl~g spo~o~
(2) ~ese laws do not ~ply ~ pnva~ sp~o~
(3) 49 CFR P~ 18 ~d OMB C~I~ A 87 contra ~qu~en~ for S~tc ~d ~cal
re~latlon ~d ~l~ shall also ~ applicable to private spo~o~ ~cc~vmg Fed~al ~l~ce und~
Tgle 49, Umted Smt~ ~e
Speckle ~ur~ces requ~ed to be included m ~t a~c~m~ by ~y of~e above la~, ~lat~o~
m~ra~d by r~f~m~ m ~ ~t a~t
Respomlbffi/y ~d AuthoH~ of the Spo~or
Pubic Agency Spoor It~le~lau~on~toapplyfor~e~dtofi~ce~dc~out~e~o~sod
pro:ea, ~ a ~oluho~ motion or sl~l~ a~lon h~ be~n duly adop~d or p~ed
apph~t's Eow~g ~y au~o~mg ~o filing of~o ~P~ including all undc~dm~ ~d
~ m co~ealon wl~ ~e ~PA ~d ~ pmwdo such ~d~tlonal ~o~atlon ~ may be requ~d
~d ~mply ~ all ~, con&ho~, ~d ~u~ of~ls ~t a~e~t h shall desk.ate ~ official
r~s~t~ve ~d s~ll m ~tmg d~e~ ~d au~o~e ~at ~on ~ file ~s ~P~ including all und~dm~
~d ~ur~ ~n~med ~m, to ~ m come.ion w~ ~m ~P& ~d W prowde such adddmnal ~o~tlon
~ ~y be requ~d
a~ent w~ch it wall o~ or
Title
16 of 25
other~ which would interfere w~th such performance by the sponsor Tlus shall be done m a manner acceptable to
the Secreta~
b It wdl not sell, lease, encumber, or otherwise transfer or d~spose of any part of Ils title or other interests m the
property shown on E:dublt A to t~us APPA or, for a noise compat~bd~ty program pro.~e~ that portion of the property
upon wluoh Federal funds have been expended, for the duration of the terms, conditions, and assurances m the grant
agreement without approval by the Secretary If the Vcnmferee ~s found by the Secretary to be ehg~bIe under Title
49, Um~ed States Code, to assume the obhgatlons of the grant agreement and to have the power, authority, and
therewith.
13 Accounting System, Audit, and Record Keeping Requirements
a It shall keep all project accounts and records which fully &s¢lose the amount and d~spos~t mn by the recipient of the
preceeds of the granL One total cost of the project m cormect~on with which the grant is g~ven or used, nnd the
amount or nature of that portion of the cost of the project supphed by other sources and such other fmancla! rccerds
pedment to the project The accounts and records shall be kept m accordance w~th an accoantmg system that
faclhtata an effective audit tn accordance w~th the S~ngle Audit Act of 1984
b It shall make avadable to the Secretary and the Comptroller General of the Umted SLates or any of their duly
authorized tepresentatlve~, for the purpose ofaudR and examination, any books documents papers, and records of
17 of 25
for thc work
Scc~eta~ shall deem necessai~
18 of 25
(1) furnish sa~d serv~ce~ on · t~asonable, and not unjustly dlscTmunato~, bas~s to all users thereo~, and
19of 25
Secreta~,, adversely affect ~c safety, utfl*ty or efflc~cncy of tho a~porC
safety, utlhty, or ef~clcncy or,my foderally owned, leased, or funded properly on or off'tho a~o~ and which is not
the Sogrcta~ (1) cltmmate such adverse effect in a manner approved by thc Secretary;, or (2) bear all costs of
20 of 25
30 Civil Rights, It will cotnply wdh such rules as are promulgated to assure that no person shall, on the grounds OF race, creed,
color national on,n, sex, age, or hantheep bo excluded from participating m any activity conducted with or benefiting from
funds received from flus ~-anC TlUS assurance obhgat=s the sponsor for the period during which Federal financial assmtance ts
ex~ndad to the prosran~ except where Federal Financial assistance is to provide or Is m the form of personal property or real
prop~ or interest th~rem or sh'uctur ~ or tmprovernonte thereon m wthch case the assurance obhgates the sponsor or any
transfor=e for the longer of the fullowmg pcneds (a) the period dunng which the property Is used for a purpose for which
Fed~al financial assistance is ex~ended* or for another purpose revolving the prey*sion OF smular serv*ees or benefits, or (b) the
period dunng v/hlch the sponsor retains ownenship or possession o£the proper~y
31 Disposal OF Land
F°r land purchased under a grant for awP°rt n°lse cornpatlhibty purposes it wdl dispose OF the land, when the land
ts no longer needed for such proposes, at fu~r mm-ket value at the car he~t practicable titne That portion of the
proceeds OF such disposition which is proportionate to the Umted States* share OF acquisition of such land will, at the
discretion of the Secretary, 1) be paid to the Sec~ta~y for deposit m the Trust Fund, or 2) be reinvested m ~n
approved noise compatibility project as prescribed by the Secretazy
b (1) For land purchased under a grant for airport development purposes (other than noise compatibility), *t will
when the land is no longer needed for amport purposes, dispose of such land at faa* market value or make evadable
to thc Secretary att affiourtt ~qual to the Ut~ted States' proporhonata share Of'the fair market value of the land That
portion of the proceeds of'such dleposltlon which is proportmnata to the Umted States' share of the cos~ of
acquisition OF such land will, (a) upon epphcatton to the Secretary, be reinvested m another ehglble airport
unprovement project or pro$octe approved by the Sec~tary at that a~rport or within the national airport syst~ or
(5) bo paid to the Secretary for deposit tn the Trust Fund if no eb~ble proj ~ct cx~ts
(2) Land shall be considered to bo needed for a~port purposes under this assurance if(a) it may be needed for
aeronautical purpose~ (including runway protection zones) or serve as noise buffer land, and (b) the revenue from
interim uses of such land contributes to the financial serf sufficiency of the aLrport Further, land purchased with a
grant received by an airport operator or owner before December 31, 1987, will be considered to bo needed for
airport purposes if the Seo'eta~ or Federal a§sucy making such grant before December 31 1987 was notu~ed by
the opgrator or owner of the uses of such land, did not object to such use and the land continues to be used for that
POrpose, such use having commenced no later than December 15 1989
c D~spo~ltion of such land under (a) or (b) will be sub$cct to the retention or reservation of any interest or right thereto
necessary to ensure that such land will only b~ used for porposcs which are compatible with noise levels assoc,atcd
with operation of the
32 En~meertog and Design Services It will award each contract, or sub contract for program management, construction
management, plaonmg studies, feaslhihty studies, architectural services, prehmma~j, mlgmeenng, design, en~neenng,
surveying, tnappmg or related servtce~ with respect to thc project m the same tnarmcr as a contract for architectural and
on~neermg services is negotiated under Title IX of thc Federal Property and Adnunlstrattvc Services ~ of 1949 or an
equivalent qualifications based requirement prescribed for or by the sponsor of the a~rport.
33 Foreign Marhat Rest rtcttons It wdl not allow funds provided under this grant to be used to thnd any Project which uses any
product or service of a fo~lgrt country durra8 the period in which such forelga countr% is listed by the United States Trade
R~r~..sentatlve as denying fair and equitable tnarket opportunities for products and suppliers of the United States in
procurement and construction
34 PoLicies, Standards, and Specifications It will can~ out the project tn accordance with pohcies, standards and specifications
approved by the Secretary mchidmg but not hn~tad to the edwso~y circulars hated in thc Current FAA Adwsory Ctrcula~ for
A~P projects, dated 7/1/99 and included m this grant, and m accordance with applicable state policies standards, and
spocttications approved by the Secretary
Relocation and Real Property Acquisition. (I) It will be ~ulded m acqucrmg real properS/ to the 8~eatest extent practicable
3801)
21 of 25
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on 7/1/99
~he following apply to both AIP and PFC Projects
NUMBER
TITLE
70/7460 15 Obstiuctmn Marking and Lighting
150/5000 13 Announcement of Avadabd~ty-RTCA In~, Document RTCA 221 Guidance and
Recomm~ded P,~u tr~menta for Au~ort Surface Movement Sensors
150/5100 14C Archltentural Engmeenng. and Planning Consultant Services for Au'port Grant ProJects
150/5200 $0A, CHO 1 & 2 Au~ort Winter Safety and Operations
150/5200 33 Hazardous Wddhfe Ath'actants On or Near Au'porls
150/5210 5B Painting, Marking and Lighting et'Vehicles Used on an Airport
150/5210 ?B Airo'aR Fire and Rescue Communications
150/5210 1SA Water Rescue Plans, Facdmes, and Eqmpment
150/5210 14A Airport Fir* and R~oue Personnel Protective Clothing
150/5210 15 Au'port Rescue & Fu~ight mg Station Bmldmg Design
150/5210 lg Systems for In~ra~hve Trauang of Au'port Personnel
150/5210 19 Driver's Enhanced Vlawn Syslem (DEVS)
150/52204B Water Supply Syai~ns for Aircraft Fire and Re~cue ~ote~on
150/5220 10B Guld~ Spe~ficatwn for Wal~r/Fenm Type Aircraft Rescue and F~refightmg Vehicles
150/5220 13B Runway Surface Condition Sensor Specification Grade
150/5220 16B Aulomatad Weather Obaervmg Systems for NonFederal Apphcations
150/5220 17A Deslgn Standards for Aircraft Rescue Flrel'ightms Training Fatalities
150/5220 18 Braidings for Storage and Maintenance of Alrporl Snow and Ice Control Equipment and
Matenals
150/5220 19 Outdo Spectfleation for Small Dual Agent Aircraft R~scuo and Fir~fightmg Vehicles
150/5220 20, Clio ! Airport Snow and Ice Control Eqmpment
150/5220 2 lA Oulda ~pe~ificahon for Lifts Used to Board Alrhne Paasengers With Mohihly ImpalnnenLs
150/5300 13, CHO 1, 2 S, 4, 5 Auport Des~gu
150/5300 14 Dea~gn of Aircrat~ Deleing Faedmes
150/5300 1.5 Us~ of Vahio Engm~l-mg for Engineering Des~gu of Airport Grant ProJects
150/5320 5B .a. itl0Ort Drainage
150/$3204D Ai~o~ Pavement Des~gu and Evaluatmn
150/5320 12C
Measurement, Construction, and Maintenance of Skicl Resistant Airport Pavement Surfaces
150/5320-14 Au'port Landscaping for No,se Control Purposes
150/5320-16 Airport Pavement D~Igu for the Boeing 777 Airplane
150/5325-4A, CHO 1 Runway Length Requtromenta for Airport Des~gu
150/5340 IO Standards for Auport Marlongs
150/5340-4C, Clio 1 & 2 Installation Details for Runway Centerhne Touchdown Zone Lighting Systems
150/S340 5B, CHO 1 Segmented Ctrole Au'port Marker Syagrn
150/5340-141~, Clio 1 & 2 Economy Approach Llghtmg Aids
150/5340 17B Standby Power for Non FAA Airport Lighting Systems
150/5340 18C, CHO 1 Standards for Au~ort Sign Sysloms
150/5340 19 Ta.xlway Centarlme Lighting System
150/5340 21 Airport M~s~ellancous L~ght mg Visual Aids
150/5340 23B Supplemental Wind Cones
150/5340 24, CHO 1 Runway and Taxlway Edge Lighting System
150/5340 27A Aw to-around Radio Control of Airport L~ghtmg Systems
150/5345 SD Speoifioation for L821 panels for Remote Control of Au~ort L~ghtms
150/534-s'SA Circuit Selector Swach
150/~345 7D, Clio I Sp~ification for L824 Underground Elcctncal Cable for Ailport Light mg Ctrcuds
150/5345 10E 8peoflloation for Constant Current Regulators Regulator Momtors
150/5345-12C Spe~'loation for Aupotl and Hehport Beacon
150/5345 1SA Speoifi~ation for [,841 Aumhary Relay Cabinet Assembly for Pilot Control of Au'port Llghtmg
Ctrcuda
150/5345-26B, Clio I & 2 Specification for L823 Plug and Receptacle Cable Connectors
150/5345 27C Specdi*ation for Wind Cone Ass~mbhes
150/5345-28D, CHO 1 Pr~enon Approach Path Indwator (PAPI) Systems
1~0/$345 39B, CHO 1 FAA Spr~ificahon L853, Runway and Taxiway Cent-rlme Retrorcflective Markers
150/5345-42C, CHG 1 Specdl~tion for Airport Light Bases Transformer Housings Junction Boxes and Acco. son*s
150/$345-43E Spe¢ifi~ahon for Obsiruction L~ghtmg Eqmpm~nt
150/~345-44F, Clio I Specification for Taxlway and Runway S~gu~
150/5345-45A L~ghtwo~ght Approach Light Structure
1~0/$345-46A Specification for Runway and Taxlway Light Fixtures
1 $0/$34547A Isolation Transforrneta for Auport Lighting Systems
1~0/5345-49A Speoification L854, Radio Control Eqmpment
150/5345 50, CHO 1 Specifioahon for Po~abl~ Runway Ligh~
150/5345 51, CHO 1 Specification for Discharge-Type Flasher Eqmpment
1 $0/5345-$2 Oeneno Visual Ohdeshipe Ind~cator~ (GVGI)
150/5345 53A, (mchidmg addendum) .airport L~ghtms Eqmpmmt Cmification Program
150/5360 9
150/5360-12A Plaimm~ and D~igu of Aa~orl Terminal Facdlties at NonHub Locations
Airport Slgums & tSnaphics
150/5360 13, CHO 1 Planning and Des~gu Ouldance for Au'port Terminal Facdlties
150/5370 2C Operational Safety on A~por~ Durras Conatructmn
22 of 25
23 of 25
ATTACHMENT D
CERTI~'ICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A The grantee certffies that It will or will continue to provide a drag-free workplace by
(a) Pubhsbang a statement notifying employees that the unlawful manufacture, dmtnbution, dispensing, possession,
or use of a enntrolled substance is probabited m the grantee's workplace and specifying the aetaons that will be taken
against employees for v~olat~on of such prolub~tmn
(b) Estabhshmg an ongoing drug-flee awareness program to inform employees about-
(l) The dangers of drug abuse m the workplace,
(2) The grantee's pohoy of maintaining a drug-frec workplace,
(3) Any available drug counseling, rehabd~tation, and employec assistance programs, and
(4) The penalties that may be maposed upon employees for drug abuse wolatiuns occurring m the workplace,
(¢) Making at a requmemant that each employee to be engaged m the performance of the grant be given a copy of the
statement reqmred by paragraph (a),
(d) Notifying the employee m the statement reqmred by paragraph (a) that, as a condd~on of employment under the
grant, the employee vail-
(l) Abade bythe terms of the statement, and
(2) Notify the employer m writing oflus or her conwetion for a vmlation of a criminal drug statute occurring m
the workplace no later than five calendar days a~er such conwetion,
(e) Noufymg the agency m writing, within ten calendar days a~er recmvmg notice under paragraph (d)(2) from an
employec or otherwise receiving actual notice of such convmUon Employers of convicted employees must provade
notme, including position titIe, to every grant officer or other designee on whose grant activity the convmted
employee was working, unless the Federal agency has demgnated a central point for the receipt of such notices
Notices shall include the ~dentLfioatmn number(s) of each affected grant,
(f) TM~'ang one of the following actions, vatlun 30 calendar days ofrece~vmg notice under paragraph (d)(2), with
respect to any employee who as so eonvaoted-
(1) Taking appropriate personnel actmn against such an employee, up to and including termination, consistent
vath the reqmrements of the Rehabflitat~on Act of 1973, as amended, or
(2) Reqmnng such employee to par~mpate sat~s£aetonly m a drug abuse assistance or rehabfl~tation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency,
(g) M~kmg a good faith effort to continue to maintain a drug-free workplace through maplementation of paragraphs
(a), (b), (e), (d), (e), and (f),
B The grantee may insert m the space provided below the site(s) for the performance of work done m connection with
the specffio grant
Place of Performance (Street address, city, county, state, zip code)
215 East McK±nney
Denton, Denton County, Texas 76201
Check ff~,q~re are workplacep~'~e that are not Mentffied here
Ca~La'~J Romine~ D~.r. of Human Resources
Typed Nm'ne and Title of Sponsor Representative
24 of 25
ATTACHMENT E
PAVI~MENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement mamtenence management program is one that details the procedures to be followed to assure that
pr°per pavement mamtenence, both preventative and repair, is performed An airport sponsor may use any form of
inspection program Ut deems appropriate The program must, as a mmunum, include the following
1 Pavement Inventory The following must be dep~cted m an appropnate form and level of details
Location of all runways, tsyaways, and aprons
Dlmensxofls
Type of pavement
Year of construction or most recent rehabihtation
For comphenee wxth the A~ort Improvement Program assurances, pavements that have been constructed,
reconstructed, or repaired w~th Federal Imanmal assistance shall be so depleted
2 Inspection Schedule
a Detailed Inspection A detailed inspection must be performed at least once a year If a history of recorded
pavement deterioration is available, i e Pavement Condition Index (PCI) survey as set forth m Advisory
C~rcular 150/5380-6, Ouidehnes end Procedures for Malntenence ofgarport Pavements, the frequency of
inspections may be extended to three years
b Drive-by Inspection A drive-by inspection must be performed a rmnlmum of once per month to detect
unexpected changes m the pavement cond~tion
3 ReenrdKeeping C°mpletemf°rmationonthefmdmgsofalldetafledmspectionsandothermamtenance
performed must be recorded and kept on file for a nununum of five years The types of distress, their locations, and
remedial action, scheduled or performed, must be documented The mmnn mformatmn to be recorded is hsted below
a mspectaon date
b lecatton
c distress types
d maintenance scheduled or performed
For dnve-by mspectiens, the date of inspection and any maintenance performed must be recorded
4 InformatlonRetrleval Ana~rp°rtsp°nsormayuseanyformofreenrdkeepmgitdeemsappropnate, so long as the
mformahon end records produced by the pavement survey can be retrieved to provide a report to the FAA as may be
reqmred
5 Reference, Refer to Advisory Circular 150/5380-6, Gmdelmes and Procedures for Mamtenence of Auport
Pavements, for specific gmdelmes and procedures for maintaining airport pavements and estsbhshmg an effective
maintenance program Specific types of d~stress, their probable causes, inspection gmdehne, and recommended
methods of repair are presented
25 of 25
CHANGE ORDER
*(Number of original copies of the change order sent to TxDOT
should match the number of original contract documents executed.)
TxDOT CSJ NO.: 0218DNTON
DATE OF ISSUANCE: April
AIRPORT:
SPONSOR:
CONTRACTOR:
CHANGE ORDER NO.
17, 2002
Denton Municipal Airport
City of Denton
1
Sunmount Corporation
P. O. Box 800
Roanoke, Texas 76262
Address:
The following changes are hereby made to the Contract Documents:
Contractor is replacing Slurry Seal with Type II material rather
than Type 1 material.
Justification/Reason:
Request of Sponsor
CHANGE IN CONTP~ACT PRICE:
Original Contract Price:
Previous Change Orders/Supplementals:
Contract Price prior to this Change Order:
Net (increase) of this Change Order:
New Contract Price with all approved
Change Orders:
$ 1,636,151.20
$
$
$ 17,812.63
$ 1,653,963.83
Percent change from original contract:
CHANGE IN CONTRACT TIME:
Original Contract Time: 150
Net change from previous Change Orders: 0
Contract Time prior to this Change Order: 0
Net increase/decrease of this Change Order: 0
Contract Time with all approved Change Orders:
days
calendar days
calendar days
calendar days
calendar days
150 calendar
Page 1 of 3
CONDITIONS OF APPROVAL:
=================================================================
The aforementioned change, and work affected thereby, is subject
to all contract stipulations and covenants.
Requested by:
Accepted by Contractor:
'S ignat ~'re
Title / '
Date
Accepted by Surety Company:
Signature
Accepted by Texas Department of Transportation:
Signature
Project Manager
Szgnature
Aviation Division
Director, Project
Management
Page 2 of 3
ATTACHMENT 1
TO
CHANGE ORDER NO. 1
Indicate below any new pay items or revisions to original contract pay
items resulting from this Change Order.
CONTRACT QUANTITY AND PRICE CHANGES:
Net
Bid Original Contract Revised Negotiated Original Revised Increase
Item Estimated Unit Estimated Change Order Estimated Estimated Decrease
No. Unit Quantity Price Quantity Unit Price Cost Cost In Cost
36 SY 152,037 1.50 228,055.50 1.61 16,724.07
66 SY 3,660 1.60 5,856.00 1.71 402.60
75 SY 3668 1.60 5,868.80 1.71 403.48
84 SY 2568 1.60 4,108.80 1.71 282.48
Total Increase
$17,812.63
Page 3 of 3
SUPPLEMENTAL AGREEMENT NO. 2
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No. 0218DNTON
A contract was executed on January 3, 2002, by and between the City of Denton, acting by and
through its agent, the Texas Department of Transportation, and Sunmount Corporation,
Contractor, for airport improvement as is more fully described in Supplemental Agreement No. 1
(30' security gate) executed April 4, 2002 and Change Order No. 1 (replacing slurry seal with
Type 1I material) executed May 3, 2002 an in the Contract Documents; in accordance with the
provisions of the state statutes, and
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $1~658~863.83~
During the construction of the referenced project, it became necessary to modify the contract to
amend the contract to install a radio controller, repair electrical vault, install FAA photo
controller with coil, install cable markers and electrical troublshooting and repair of edge lights
and VASI's.
WHEREAS, in compliance of General Provisions, Section 40-02 (alteration of work and
quantities) and Section 40-04 (extra work) it is deemed necessary to amend the contract
documents.
THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO that the terms
of the contract be modified.
NEW ITEMS:
Item Description Qty. Unit Unit
No Cost
Total
SA.I
Install L-854 Radio Controller 1 LS $4,100.00 $4,100.00
SA.2 Replace roof sheet metal panels, 1 LS $ 750.00 $ 750.00
flash seams where roof adjoins
building, straighten door
SA.3 Install FAA approved photo 1 LS $700.00 $700.00
Controller with coil operated
contacts
SA.4 2" PVC Conduit 30 LF $1.65 $ 49.50
SA.5 Troubleshooting 16 HRS $305.00 $4,880.00
Page 1 of 3
MODIFIED ITEMS:
Item Description Qty. Unit Unit Total
No Cost
Item 110 Hand Holes 4 EA $120.00 $480.00
Item 114 Cable Markers 8 EA $170.00 $1,360.00
Item 115 Connector Kits 4 EA $60.00 $240.00
Item 116 Edge Lights 4 EA $330.00 $1,320.00
Item 49 Trench & Backfill 1,008 LF $2.00 $2,016.00
Item 50 5kv Cable 2,287 LF $.80 $1,829.60
Item 52 Counterpoise Wire 670 LF $.60 $402.00
Item 54 Connector Kit 16 EA $60.00 $960.00
Item 60 Hand Hole 4 EA $120.00 $480.00
Total Increase $19,567.10
This price shall be full compensation for all labor, materials, equipment and incidentals necessary
to complete the work as described in the plans and specifications. The CONTRACTOR agrees
to perform all the work described in the Contract Documents not to exceed the sum of
$1,678,430.93. ~ ..~5~ // .~ ,c~..~/ =z~ ~ ~.~?~s ~"7-~ ~,,
IT IS FURTHER AGREED, that no other provisions of the contract, plans, specifications or
special provisions shall be changed by this agreement.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials this agreement in triplicate each of which shall be deemed an original on
the date first written above.
CONTRACTOR
By: ~
(PlEase Print)
Title:
(Name of Firm)
~.3' ' (Physical Address)
, (City, State, Zip Code)
(Phone Nmber)
THE STATE OF TEXAS
COUNTY OF ~
Before me, the undersigned authority, on this day personally appeared ,
known to me to be the Contractor named in this contract, and is the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she has authority to
execute and has executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this mO day o~ A.D. 200_~x
STATE OF TEXAS
~~ My Corem Exp. 09-19-2002
Nj~$ary Public, State of Texas
(Printed or typed name)
My Commission expires
Page 3 of 3
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
Date
Page 4 of 3
SUPPLEMENTAL AGREEMENT NO. 03
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No. 0218DNTON
CONTRACT NO.: 2X2AV028
On January 31, 2002, a contract was entered into by and between the City of Denton, acting by
and through its agent, the Texas Department of Transportation, and Sunmount Corp, Contractor,
for airport improvements as is more fully described in Supplemental Agreement No. 1 executed
April 4, 2002 to install two 30' security gates and in Change Order No. 1 executed May 3, 2002
to replace slurry seal with Type 1I material rather than Type I material and in Supplemental
Agreement No. 2 to amend the contract to install a radio controller, repair electrical vault, install
FAA photo controller with coil, install cable markers and electrical troubleshooting and repair of
edge lights and VASI's in the Contract Documents in accordance with the provisions of the state
statutes.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $1~678~430.93.
During the construction of the referenced project, it became necessary to modify the contract the
contract to strengthen the access road to the helipad.
In compliance of General Provisions, Section ~0-04, Extra Work it is deemed necessary to
amend the contract documents.
IT IS HEREBY AGREED BETWEEN THE PARTIES HERETO that to the following items in
the contract added to:
Item Description Qty. Unit Unit Total
No Cost
SA.3 2" of Type D HMAC 1 LS $1,750.00 $1,750.00
TOTAL $1,750.00
The CONTRACTOR agrees to perform all the work described in the Contract Documents for a
sum not to exceed $1~680~180.93. This price shall be full compensation for all labor, materials,
equipment and incidentals necessary to complete the work as described in the plans and
specifications.
Page 1 of 3
IT IS FURTHER AGREED, that no other provisions of the contract, plans, specifications or
special provisions shall be changed by this agreement.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials this agreement, in triplicate, each of which shall be deemed an original
on the date first written above.
CONTRACTOR
Name: R. Allyn Brown
(Please Prim)
Secretary/Treasurer
Title: Sunmount Corporation
(Name of Firm)
P. O. Box 800
(Address)
Roanoke, lexas 76262
(City, State, Zip Code)
940/648-2741
(Phone Number)
THE STATE OF TEXAS
COUNTY OF Denton
Before me, the undersigned authority, on this day personally appeared R. A11 yn Brown,
known to me to be the Contractor named in this contract, and is the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she has authority to
execute and has executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 28thday of June
, A.D. 20112_.
Notary Public, State of Texas
Pe99y L. Avert
(Printed or typed name)
My Commission expires
9/19/02
Page 1 of 3
SURETY APPROVAL
K & S Group, Frank Siddons Ins.
Firm Name)
(Attomey-In-Fact)
Steven B. Siddons
(Printed or TypedName)
dune 28, 2002
Dme
ACCEPTANCE BY THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies, or work
programs heretofore approved and authorized by the Texas Transportation Commission.
Date:
Page 1 of 3
POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Mercury Insurance Company
Power of Anorney No. 21972 Certificate No. 561889
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of tbe State of New York, and that
St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St, Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws o1' the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of tbe State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectivekv called the "Companies'), and that the Companies do
hereby make, constitute and appoint
Robert C. Siddons, Robert C. Fricke, Bettye Ann Rogers, Linda Edwards, Douglas J. Weal. W, Steven B. Siddons,
James F. Siddons, Holly Gravenor, Lorrie Scott and Tommy Nelson
Austin Texas
or the City ol. ., State their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof oa behalf of the Companies in their business of guar~teeing the fidelity of persons, guaranteeing the
perl~rmance of contracts and executing or guaranteeing bonds and underiakings y actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have 28th e of July 2000 .
Seaboard Surety Company
St. Paul
St. Paul
St. PauI Mercur)
State of Maryland
City of Baltimore
and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
IHOMAS E. HUIBREGTSE, Assistant Secrelary
On this 28th day of July 2000 . before me, tbe undersigned officer, personally appeared John E Phinney and
Thomas E. Huibregtse. who acknowledged thetnselves to be the Vice President and Assistant Secretm% respectively, of Seaboard Surety Company, Si. Paul Fire and
Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and
Guaramy Insurance Company. and Fidelity and Guaranty Insurance Underwriters. Inc.; and that the seals affixed to the foregoing instrument we the corporate seals of
said Companies; and that they, as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by Ihemselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Conlmission expires the 13th day of July, 2002.
REBECCA EASLEY ONOKALA, Notary Public
86203 Rev. 7-2000 Printed in U.S.A.
This Power of Aitorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Memury Insurance Company, United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, [nc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating
to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,
under thek respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limilations set forth therein, any
such Power of Attorney or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached; and
RESOLVED FURTItER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other
writings obligatory in the nalure thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, 1 hereunto set my hand this
To verify the authenticity of this Power of Attorney,
the above.named individuals and the details of
day of
Thomas E. Huibregtse. Assistant Secretary
clerk. Please refer to the Power of Attorney number,
.. J
SUPPLEMENTAL AGREEMENT NO. 01
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No.0218DNTON; CONTRACT NO. 2X3AV028
On April 22, 2003 a contract was entered into by and between the City of Denton, acting by and
through its agent, the Texas Department of Transportation, and Rural Electric, Contractor, for
airport improvements as is more fully described in the Contract Documents.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $154,962.00.
During the construction of the referenced project, it became necessary to modify the contract to
upgrade runway lighting.
In compliance of General Provisions, Section 40-02, Alteration of Quantities, and 40-04, Extra
work, it is deemed necessary to amend the contract documents to add extra work not within the
general scope of the agreement.
It is hereby agreed between the parties hereto that to the items in the contract the following items
be modified/deleted:
Item Est. Unit Item Unit Price Total
Number Qty Amount
SS-G-300 2 EA Furnish, Place and Remove Runway Closure $1,000.00 $2,000.00
Markers
L-116A- 18 EA L-861T Stake Mounted Taxiway Edge Light with $205.00 $3,690.00
SW L-830 Transformer
L-116A- 14 EA L-861 Stake Mounted Run~vay Edge Light with L- $220.00 $3,080.00
SW 830 Transformer
L-116A- 8 EA L-861 Stake Mounted Runway Threshold Edge $220.00 $1,760.00
SW Light with L-830 Transformer
SS-L-100 48 EA Precast ConcreteHandhole (Add Alternate 3) $I60.00 $7,680.00
L-116A- 6 EA L-861T Stake Mounted Taxiway Edge Light with $230.00 $1,380.00
SW L-830 Transformer
L-116A- 36 EA L-861 Stake Mounted Runway Edge Light with L- $245.00 $8,820.00
SW 830 Transformer
SS-L-100 30 EA Precast Concrete Handhole(Base Bid) $160.00 $4,800.00
Total decrease $33,210.00
Page 1 of 4
It is hereby agreed between the parties hereto that to the items in the contract the following items
be added:
Item Est. Unit Item Unit Total
Number Qty Price Amount
Bid Item 18 EA L-867 Base Mounted Taxiway Edge Light with L- $413.85 $7,449.30
21 830 Transformer
Bid Item 14 EA ' L-867 Base Mounted Runway Edge Light with L- $413.85 $5,793.90
22 830 Transformer
Bid Item 8 EA L-867 Base Mounted Threshold Edge Light with L- $413.85 $3,310.80
23 830 Transformer
Add 6 EA L-867 Base Mounted TaxiwayEdge Light with 830 $413.85 $2,483.10
Alternate Transformer
12
Add 36 EA L-867 Base Mounted Runway Edge Light with 830 $413.85 $14,898.60
Alternate Transformer
13
Total $33,935.70
See attached Specifications
It is hereby agreed between the parties hereto that the following item is added as an ineligible pay
item:
Item Est. Unit Item Unit Total
Number Qty Price Amount
Bid Item 18 EA L-876 Light Base $80.00 $1,440.00
24
The CONTRACTOR agrees to perform all the work described in the Contract Documents for a
sum not to exceed $157,127.70. This price shall be full compensation for all labor, materials,
equipment and incidentals necessary to complete the work as described in the plans and
specifications.
IT IS FURTHER AGREED that no other provisions of the contract, plans, specifications or
special provisions shall be changed by this agreement.
Page 2 of 4
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials this agreement, in triplicate, each of which shall be deemed an original
on the date first written above.
CONTRACTOR
Title:
(Please Print)
(NameofFirm)
(Address)
(City, State, Zip Code)
(Phone Number)
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared ,~&(¥h ~k-~(.Cxe:~vd 0,~¢
known to me to be the Contractor named in this contract, and is the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she has authority to
execute and has executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this [~ day of -~11YI ~_
Notary Public - Arizona
Maricopa County
My Commission Expires
, A.D. 20 ~.
(Printed or typed name)
My Commission expires ~)- 2~(.o -0%
Page 3 of 4
SURETY APPROVAL
Western Surety Company
(F~tm Name)
(Attorney-In-Fact)
M. Christine McDonald
(Printcd or Typed Na~e)
June19,2003
Date
Acceptance by the State
Executed by ~d approved for thc Texos Transportation Commission, agent for the Sponsor, for
th~ purpose and effect of activating and/or carrying out th~ orders, established policies, or work
programs heretofore approved and authorJ?.cd by thc Texas Transportation Commission.
Page a of 4
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
Thomas C Kossick, M Christine McDonald, Cindy K Walters, Individually
of Tempo, AZ, its true and lawfifl Attorney(s)-th-Fact with full power and authority hereby conferrad to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmnd.
This Power of A~orney is made and exeau~l pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixad on this 27th day of March, 2003.
WESTERN SURETY COMPANY
~ce Pra~ident
State of South Dakota
ss
County of Minnehaha
On this 27th day of March, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above insu-ument; that he knows the seal of said corporadon; that the seal affixed to the said imtrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name th~ pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
November 30, 2006
· D. KREEL
f~NOI*AR¥ PUB[IC~.,f'
i~SOUTH
CERTIFICATE
~ Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney herainahove set forth is s6ll in
force, and further cer~fy that the By -LaW of thc corporation I~tjon the reverse hereof is still in force.
my name and affixed the seal of the iaid corporation this [('"~ dayof
Form F4280-01-02
In testimony whereof I have hereunto subscribed
SURETY COMPANY
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistam Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoim Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bends, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
NOTES BY SYMBOL "~"
t. EXTEND EXISTIND OUCT FROM DUCT BANI( TO NEW HANDHOLE. EXTEND
NEW CABLE FROM RANDBOLE TO HANDHOLE,
2. SPLICE EXISTING CABLE TO NEW CABLE AT HANDHDLE,
3. NOT USED.
4. REMOVE EXISTING R/W EDGE LIOHT FIXTURE AND REPLACE WITH NEW
FIXTURE IN LOCATION INBICATEDo TYPICAL FOR ALL I~/W EDGE LIGHT
FIXTURES ON THIS SHEET.
5. REMOVE EXISTING T/W EDGE LIGHT FIXTURE AND REPLACE WITH NEW
FIXTURE IN LOCATION INDICATED. TYPICAL OF 6.
.~.,.. ~,,..J_,~ ...4 ,,
. ~ ~ J J ~ ~ ·
I~ ~ ~ i ' ~I~I~IEXlSTINO SION
: ~~L LIGHTING PLAN ~./a '~
CITY OF DENTON
777 MAIN SmUT DENTON MUNICIPAL AIHPORT
RUN~AY LlaHTING UPGHADE
~ 05/13/03 P"~ "~ 010539010
L-88! UGHT ~ ~ '
pRE~ABRICA1EI) 4000 PSI ,~] rRNISHED OR~DE
· z ' -- -- ~ L-824 I/C,
~ON ~.) ' ~ */4 C~
',~7~ ......-~-?~'
~2'.~~ CiTY OF DENTON
777 MAIN ~E~ DENTON MUNICIPAL AIRPORT
FORT WOR~, ~ 76102
RUN~AY LIGHTING UPGRADE
~*~ 0~/13/03 ""~ "~ 010539010
SUPPLEMENTAL AGREEMENT NO. 02
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No.0218DNTON
CONTRACT NO. 2X3AV028
On April 22, 2003 a contract was entered into by and between the City of Denton, acting by and
through its agent, the Texas Department of Transportation, and Rural Electric, Contractor, for
airport improvements as is more fully described in the Contract Documents. On June 23, 2003,
Supplemental No. 01 was executed to upgrade runway lighting.
The contractor agreed to perform all the work described in the Contract Documents for a sum not
to exceed $157,127.70.
During the construction of the referenced project, it became necessary to modify the contract to
change the frequency of the radio control unit to 119 MHz to allow the MIRL's to be controlled
by the personnel in the ATCT.
In compliance of General Provisions, 40-04, Extra work, it is deemed necessary to amend the
contract documents to add extra work not within the general scope of the agreement.
It is hereby agreed between the parties hereto that to the items in the contract the following items
be added:
Item Est. Unit Item Unit Price Total
Number Qty Amount
SA2.1 1 LS Change frequency of the radio control unit to 119 $450.00 $450.00
The Contractor agrees to perform all the work described in the Contract Documents for a sum not
to exceed $157,577.70. This price shall be full compensation for all labor, materials, equipment
and incidentals necessary to complete the work as described in the plans and specifications.
The contract time will be increased by 20 calendar days; contract time with all approved change
orders and supplemental agreements will be 90 calendar days.
It is further agreed, that no other provisions of the contract, plans, specifications or special
provisions shall be changed by this agreement.
Page 1 of 3
In, witness whereof, the parties hereto have executed, or caused to be executed by their duly
authorized officials this agreement, in triplicate, each of which shall be deemed an original on the
date first written above.
CONTRACTOR
(Please Print)
Title: ~x.j,_Q__% ~.~ ~--_~.~,2X7¢ \ C~
(Name of Firm)
(Address)
(City, State, Zip Code)
(Phone Number)
THE STATE OF TE3C~
COUNTY OF
Before me, the undersigned authority, on this day personally appeared A~u~ttC ~t o~,~)~e'c
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~-s/- day of ,~/""'t~ , A.D. 20 ~3.
Notary Public, State of lli~irs 45r~-\-4:t3 ~ ~
(Printed or typed name)
My Commission expires
Page 2 of 3
SURETY APPROVAL
Western Surety Company
(Firm Name)
(Attorney-In-Fact)
M. Christine McDonald
(Printed or Typed Name)
Date: 7/22/2003
~Aeceptance.by the State
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies, or work
programs heretofore approved and authorized by the Texas Transportation Commission.
Date:
Page 3 of 3
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a Sotuh Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Fails, and State of South Dakota, and that it does by virtue of thc signature and seal herein affixed hereby
make, constitute and appoint
Thomas C Kossick, M Christine McDonald, Cindy K Walters, Individually
of Tempe, AZ, its txoe and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seai and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby ~s fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANy has caused these presents to be signed by its Senior Vice President and its co~porata seal to
be hereto affixed on this 27th day of March, 2003.
WESTERN SURETY 'COMPANY
Paul:il Bruflat, Senior Vice President
State of South Dakota '~ ss
County of Minnehaha
On this 27th day of March, 2003, before me personally came Paul T, Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Fails, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed thc above instrument; that he knows thc seal of said corporation; that thc seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that hc signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
November 30, 2006
· D. KRELL ·
; .OTAm' PU~'UC f
CERTIFICATE
Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANy do hereby certify that the Power of Attorney herainabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the revers~ hereo, is still in force. In testimony whereof I have hereunto subscribed
my name and aff~xed the seal ofthe said corporation this c~o~K~& dayof_ ~L-ly .~.,~.
WESTERN SURETY COMPANY
L. Nelson, Assistant Secretly
Form F4280-01-02
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
SUPPLEMENTAL AGREEMENT NO. 03
TO AGREEMENT BETWEEN
SPONSOR AND CONTRACTOR
TxDOT CSJ No. 0218DNTON; CONTRACT NO. 2X3AV028
On April 22, 2003 a contract was entered into by and between the City of Denton, acting by and
through its agent, the Texas Department of Transportation, and Rural Electric, Contractor, for
airport improvements as is more fully described in the Contract Documents. On June 23, 2003,
Supplemental No. 01 was executed to upgrade runway lighting and on July 31, 2003
Supplemental Agreement No. 02 was executed to change the frequency of the radio control unit.
The contractor agreed to perform all the work described in the Contract Docmnents for a sum not
to exceed $157,577.70.
During the construction of the referenced project, it became necessary to modify the contract to
provide a uniform lighting system.
In compliance of General Provisions, 40-04, Extra work, it is deemed necessary to amend the
contract documents to add extra work not within the general scope of the agreement.
It is hereby agreed between the parties hereto that to the items in the contract the following items
be added:
Item Est. Unit Item Unit Price Total
Number Qty Amount
SA3.1 18 EA Install existing runway edge/threshold lights onto$202.37 $3,642.66
new L-867 bases
SA3.2 14 EA Install Salvaged Pull Boxes $128.86 $1,804.04
Total $5,446.70
The Contractor agrees to perform all the work described in the Contract Documents for a sum not
to exceed $163,024.40. This price shall be full compensation for all labor, materials, equipment
and incidentals necessary to complete the work as described in the plans and specifications.
It is further agreed, that no other provisions of the contract, plans, specifications or special
provisions shall be changed by this agreement.
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
(Please Print)
(Name of Firm)
(Address)
(City, State, Zip Code)
(Phone Number) '
THE STATE OF T-roXAg
COUNTY OF
Before me, the undersigned authority, on this day personally appeared ,~o/~,-r~ ,a ~ ,,~ t~ec
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 o'~ q dayof -~tt~r- ,A.D. 20O3.
Notary Public, State of T-e~-as
(Printed or typed name)
My Commission expires ~?f-~,4, 2007
Page 2 of 3
SURETY APPROVAL
Western Surety Company
(Finn Name)
By: .~/). ~(~_,)~QC~iq,~
(Attorney-In-Fact)
M. Chris%ine McDonald
(Printed or Typed Name)
Date: 9/24/2003
Acceptance by the State
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies, or work
programs heretofore approved and authorized by the Texas Transportation Commission.
Date: ~>,/~ ,/'o..~
Page 3 of 3
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its pdncipai office in the City of Sioux Fails, and State of South Dakot,% and that it docs by virtue of the signature and seai herein affixed hereby
make, constitute and appoint
Thomas C Kossick, M Christine McDonald, Cindy K Walters, Individually
of Tempe, AZ, its hue and lawful Attomey(s)-in-Fact with foil power and authority hereby conferred to sign, seai and execute for and on its behaif bonds,
undertakings and other obligatovd inshuments of similar nature
- In Unlimited Amounts -
and to bind it thereby as folly and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and ail the acts of said
Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of foe By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 27th day of March, 2003.
WESTERN SURETY COMPANY
Paul :~. Bruflat, Senior Vice President
State of South Dakota ~ ss
County of Minnehaba
On this 27th day of March, 2003, before me personaily came Panl T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Fails, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described th and which
executed the above instrument; that he knows the seai of said corporation; that the seai affixed to the said instrument is such corporate seai; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
November 30, 2006
D. KRELL
NOTARY PUBLIC
CERTIFICATE
Public
[, L. Nelson, Assistant Scoretmy of WESTERN SURETY COMPANY do hcrcby cclli~ that the Power of Attorney hcreinabovc set forth is still in
force, and foflhcr certify that thc By-Law of the corporation printed on thc reverse l~reof is still in force. In testimony whereof I have hereunto subscribed
my namc and alTLxed thc scai ofthc said corporation this ~'~ _dayof ~IQ-~]O~" ,_~.
Form F4280-Ol-02
WESTERN SURETY COMPANY
~ccre~
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of thc following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Altomey, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretapj, any Assistant Secretmy, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.