2000-184FILE REFERENCE FORM [ 2000-184 I
X
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Supplemental Agreement No. 01 to Professional Engineering Services
Agreement attached 04/30/01
Amendmem No. 01 to the Agreement attached 06/08/01
Supplemental Agreemem No. 02 to Professional Engineering Services
Agreemem attached 01/19/02
Supplemental Agreement No. 03 to Professional Engineering Services
Agreement attached 05/24/02
Supplemental Agreement No. 04 to Professional Engineering Services
Agreement attached 08/13/02
Supplemental Agreement No. 06 to Professional Engineering Services
Agreement attached 03/07/03
Supplemental Agreemem No. 07 to Professional Engineering Services
Agreement attached 12/22/03
ORDINANCE NO. ~,~q~)-/~ 4
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE ON BEHALF OF THE CITY OF
DENTON AN AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE DESIGN
AND CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL
AIRPORT; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton is hereby authorized to
execute on behalf of the City of Denton an Airport Project Participation Agreement with
the Texas Department of Transportation relating to engineering/design services to
rehabilitate and mark Runway 17-35; reconstruct partial taxiway; rehabilitate and mark
parallel and stub taxiways to Runway 17-35; rehabilitate and mark hanger access
taxiways; install MITL and edge reflectors; rehabilitate apron; construct helipad; upgrade
Runway signage; and install security fencing; and related improvements at the Denton
Municipal Airport, a copy of such contract being attached hereto and made a part hereof
for all purposes and referenced as TXDOT Contract No. OXXFA014.
SECTION 2. The City Manager or his designate is hereby authorized to execute
and the City of Denton agrees to comply with any assurances, conditions, or agreements
required to be executed to receive the funds provided under this agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the/~- day of ~;~{ff.~ , 2000.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
g
APPROVED AS TO LEGAL FORM:
HE~Y ATTORNEY
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICH~ATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Project No AP DENTON 1
TxDOT Contract No 0XXFA014
TxDOT CS3No 0018DNTON
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
Ttus Agreement ~s made and entered into by and between the Texas Department of
Transportatmn, (hemma~er referred to as the "State"), for and on behalf of the State of Texas,
and the C~ty of Denton, Texas, (hereinafter referred to as the "Sponsor")
WITNESSETH
WHEREAS, the Sponsor desires to sponsor a project for the development of a pubhc
awat~on facility, known or to be designated as the ~rport under the ~rport and A~rway
Improvement Act of 1982, as repealed and reco&fied m T~tle 49 Umted States Code, Section
47101 et seq, (herema~er referred to as "T~tle 49 U S C "), and Rules, Regulatmns and
Procedures promulgated pursuant thereto, and under V T C A Transportatmn Code, T~fle 3,
Chapters 21-22, et seq (Vernon and Vernon Supp), and
WHEREAS, the project ~s described as follows engmeenng/des~gn serwces to rehabilitate
and mark Runway 17-35, reconstruct part~al parallel tax,way, rehabhtate and mark parallel and
stub taxtways to Runway 17-35, rehabilitate and mark hangar access t0yaways, install MITL and
edge reflectors, rehabilitate apron, construct hehped, upgrade Runway s~gnage, and install
seeunty fencing at the Denton Mumeipal ~rport, and
WHEREAS, the Sponsor hereby apphes for federal finanoal assistance and desires the
State t0 act as the Sponsors agent m matters connected w~th the project desenbed above, and
WHEREAS, the pames hereto, by flus Agreement, do hereby fix their respective
responsabflmas, with reference to each other, w~th reference to the aeeomphshmant of sa~d project
and vnth reference to the Umted States
NOW THEREFORE, pursuant to and for the purpose of carrying out the prowslons of
T~tle 49 U S C, and in consideration of (a) the Sponsor's adoptton and ratdicat~on of the
Page 1 of 17
representations and assurances contained ni smd A~rport ProJect Pamclpanon Agreement and its
acceptance of flus Offer as haremai~er provided, and (b) the benefits to accrue to the United
States and the public from the accomplishment of the project and compliance vath the assurances
and conditions as herein prowded, THE TEXAS DEPARTMENT OF TRANSPORTATION,
FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION
ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accompbshng the proJect, ninety percentum of all allowable proJect costs Tlus grant is niade on
and subject to the follovang terms and conditions
Part H - Offer of Financial Assistance
1 The allowable costs of the project shall not include any costs detemuned by the State to be
mehgible for consideration as to allowabd~ty under Title 49 U $ 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 Gert Code Ann Sections 241 001 et seq (Vernon and
Vernon Supp)
2 It is estimated that design proJect costs vail be approximately $110,400 (Amount A) It is
further estlniated that approxiniately $110,400 (Amount B) of the proJect costs vail be
eligible for federal financial assistance, and that federal financial assistance unH be for
ninety percent (90%) of the ehg~ble project costs Final detemunation of federal ehg~bdity
of total project costs vail be deternuned by the State in accordance with federal guidelines
follovang conipletion of proJect
The mayaniuni obligation of the Umted States payable under flus offer shall be dctemuncd
after the receipt of the State Block Grant for Fiscal Year 2000, and an amendnient vail be
mede to flus agreenient to incorporate the niayaniuni federal financial assistance
The estimated project cost for the construction phases of flus proJect is $1,578,700
(Amount C) The construction phase vail be started upon coniplction of design,
dependent upon avadabdity of federal funds, and approval of the Texas Transportation
Comrmssion A separate grant vail be issued for the construction phase
In the event that federal funds are unavmlable, tlus Agreenient shall autoniancally be
voided and become of no force and effect, except that unexpended or unencunibered
moneys actually deposited by the Sponsor and held with the State for proJect purposes
shall be returned to the Sponsor
3 Tbs 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 flus agreement It is the intent of the
State to prowde funding to complete the approved work items of flus grant and not to
amend the scope of work to include items outside of the current deternuned needs of tbs
Page 2 of 17
project Scope of work may be amended as necessary to fulfill the unforeseen needs o£
this specific development project w~thin the spirit of the approved scope, subject to the
avmlabihty of state, federal, and/or local funds
4 It is estmu~ted that the Sponsor's share of the design project costs will be $11,040
(Amount D) The Sponsor specifically agrees that it shall pay any project costs which
exceed the sum of the federal share (90% of Amount B)
It is further agreed that the Sponsor w~ll reimburse the State for any payment or payments
made by the State m behalf of the Sponsor which are m excess of the federal percentage of
financial participation as heretofore stated m 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 Dunng design, If the estimated eligible total, project costs exceed Amount C, above, the
Sponsor may request the State to void this Agreement, whereupon the State shall agree to
void this Agreement upon the satisfaction of the follounng conditions
a the Sponsor's request to the State to void the Agreement shall be in writing and
dated, and
b if reqmred by the State, the Sponsor shall reimburse the State for funds expended
on this project and Sponsor shall asoume the responsibility for any future expenses
for contracted services or matermls related to the project for wluch a contract had
boon executed prior to the Sponsor's request to void the Agreement Sponsor
funds held by the State may be retmned until flus requirement is satisfied, and
c fmlure on the part of the Sponsor to comply with the conditions of this paragraph
shall constitute a breach of this Agreement
6 Upon satisfaction of the conditions specified in Paragraph II-5 above, the State shall
declare this Agreement null and void, and flus A4p'eement shall have no force and effect,
~xcept that unexpended or unencumbered moneys actually deposited by the Sponsor and
held with tho State for project purposes shall be returned to the Sponsor w~flun a
reasonable time
7 It is mutually understood and agreed that if, dunng the life of the project, the State
determines that the grant amount exceeds the expected needs of the sponsor by $$,000 or
five ($%) percent, whichever is greater, the grant amount can be umlaterally reduced by
letter fi.om the State advising of the budget change and a refund of the sponsor share of
the reduction will be done Conversely, If there is an overrun in the eh~ble project costs,
the State may increase the grant to cover the amount of overrun not to exceed the
statutory fifteen (15%) percent hrmtation, and w~ll advise the Sponsor by letter of the
increase Upon receipt of the aforomentioned letter, the maximum obligation of the
United States is adjusted to the amount specified and the Sponsor w~ll remit their share of
the increased grant amount
Page 3 of 17
Participation in addmonal federally eligible costs may require approval by the Texas
Transportation Comnussion The State vail not authorize expenditures in excess of the
dollar amounts identified in this Agreement and any amendments thereto, vathout the
consent of the Sponsor
Payment of the Umted States share of the allowable project costs vail be made pursuant to
and in accordance vath the prov~sions of such regulations and procedures as the State and
the Federal Aviation Admimstration, hereinafter referred to as the "FAA", shall prescribe
l~lnai determination of the Umted States share will be based upon the final audit of the
total amount of allowable project costs and settlement vail be made for any upward or
downward adjustments to the Federal share of costs
8 Sponsor's share of project costs (Amount D) shall be paid lmtially m cash when requested
by the State At project close-out, Sponsor vail be reimbursed for any credited amounts
that exq.~.d Sponsor's share Following the execution of this Agreement, the Sponsor's
shall submit the m-kind contribution documentation to the State
9 Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as heretofore stated The
Sponsor hereby grants to the State and federal government the right, upon advance
written request dunng reasonable and regular business hours, to audit any books and
records of the Sponsor to verify smd funds In ad&tlon, 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, vathin 30 days of wntten demand, the
State may exercise its rights under Paragraph V-7 hereof Likevase, should the State be
unwdhng 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
eqmty
Expenditures for ehgibhi project costs for the above project made by the State or the
Sponsor prior to the award ora federal grant for said project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made from Sponsor and State funds
10 The State shall make all reasonable attempts to acquire federal funding for the completion
and construction of this project vathin two years of completion of design servaces The
Sponsor hereby agrees to complete and construct this project vathin two years of
completion of design services, subJect to the avmlahihty of federal funds
Page 4 of 17
PART HI - Sponsor Responsibilities
1 In accepting the Agreement, the Sponsor guarantees that
a it will comply with the Attachment A, Airport Assurances (9/99)(State Mo&fled
9/99), attached hereto and made a part of this Agreement, and
b it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant, and
c the Airport or nav~gational 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 m a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years, and
d consistent with safety and security requirements, it shall make the airport or air
nawgational facility available to all types, kinds and classes of aeronautical use
without unjust disennunatlon between such types, kinds and classes and shall
prowde adequate public access dunng the term of this Agreement, and
e it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical acttv~ty on or about an airport landing area AeronauUcal acttv~ties
lnchide~ but are not limited to scheduled airhne fltghts, charter flights, fhght
instruction, aircraft sales, rental and repair, sale of awatlon petroleum products and
aerial applications The landing area consists of runways or landing strips,
taxiways, parlonS aprons, roads, airport llghUng and nawgauonal aids, and
f it shall not pernut non-aeronautical use of airport facihues, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA, and
it shall not enter into any agreement nor penmt any mrcrafr to gain direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the mrport 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 ts
granted in writing by the State due to extreme circumstances, and
h it will acquire all property interests ldenttfied as needed for the purposes of this
proj~t and oomply 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
Page 5of17
Certificate of Parport 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 submit to the State annual statements of mrport revenues and
expenses as requested, and
all fees collected for the use of an mrport or navigational facility constructed w~th
funds provided under the program shall be reasonable and nondlscnnunatory The
proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of mrport(s) or navigational facihty(ites)
Sponsor shall not be required to pledge income received from the mineral estate to
a~rport use unless state and/or federal funds were used to acquire the mineral estate
of mrport lands or any interests therein, and
an A~rport Fund shall be estabhshed by resolution, order or ordinance in the
treasury of the Sponsor, or e~dence of the prior creation of an emstmg mrport
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 w~tlun
another fund, but must be accounted for m such a manner that all revenues,
expenses, retmned eermngs, 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 mrport operations must be deposited tn smd
Airport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor All expenditures from the A~rport Fund shall be
solely for mrport 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 w~th the requirements oft[us subparagraph,
and
following completion of the project where mrport lighting Is part of a project, the
Sponsor shall operate such lighting at least at low intensity from sunset to sunnse,
and
insofar as it is reasonable and w~t[un its power, Sponsor shall adopt and enforce
zomng regulations to restrict the height of structures and use of land adjacent to or
in the immediate wcimty of the mrport to heights and activities compatible voth
normal mrport operations as provided in Tex Loc Govt Code Ann Sections
241 001 et seq (Vernon and Vernon Supp ) Sponsor shall also acquire and rctmn
awgatlon easements or other property interests in or rights to use of land or
a~rspace, unless Sponsor can show that acquisition and retention of such interests
w~ll be impractical or will result in undue bards[up to Sponsor Sponsor shall be
mehglble 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 a~rport hazard
zomng ordinance or order approved by the State, and
Page 6 of 17
n at will provide upon request to the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project, and
o at, er 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 obtmn
pemusslon for the State, the FAA, and consultants and contractors associated with
this project, to enter private property for purposes necessary to this project, and
p all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the
Sponsor A reproducible copy of such plan, and all subsequent modifications
thereto, shall be filed with the State for approval, and
q It shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or nusused in
any other manner in any project upon which Federal and State funds have been
expended For the purposes of this grant agreement, the term "funds" means
funds, however used or disbursed by the Sponsor or Agent that were originally
paid pursuant to tlus 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 furmsh to the State, upon request, all documents and records
pertalmng 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 otherwse, involving the
recovery of such funds shall be approved in advance by the State
2 The Sponsor hereby certifies to the State that it will have acquired clear title in fee simple
to all property upon which construction work is to be performed, or have acquired a
leasehold on such property for a term of not less than 20 years, prior to the advertisement
for bids for such construction or procurement of facilities that are part of the above
project, and within the time frame of the project, a sufficient interest (easement or
otherwise) in any other property which may be affected by the project
3 The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State*s agents, employees or contractors from all claims and liability due to actiwties of the
Sponsor, the Sponsor*s agents or employees performed under this agreement The
Sponsor, to the extant 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
wluch might be incurred by the State m litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor*s agents or employees
Page 7 of 17
4 The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as
hereinafter provided, and smd A~reemant shall comprise a contract, constituting the
obhgattons and rights of the State of Texas and the Sponsor vath respect to the
accomplishment of the project and the operation and maintenance of the airport Such
A.~'eemant shall become effective upon execution of this instrument and shall remain m
full force and effect for a period of at least 20 years
5 Upon entenng into this Agreement, Sponsor hereby agrees to name an m&vidual, as the
Sponsor's Authonzed Representative, who shall be the State's contact with regard to this
project, and which individual shall have the authority to make approvals and disapprovals
as required on behalf of the Sponsor
6 Upon entenng into this Atp'cement, Sponsor hereby agrees to name at least three
individuals, as the Sponsor's Consultant Select~on Conumttee, to represent the Sponsor in
the selection of en~mcenng and/or planning consultants, and to name a chairperson of the
selection committee, and to provide a suitable location for pre-bid and for
pre-construction conferences, and for the subnussion and opemng of construction bids
7 The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined m Title 49 U S C Sponsor a~rees to assume responsibility for
operation of the facility in compliance with all applicable state and federal requirements
mclu&ng any statutes, rules, regulations, assurances, procedures or any other directives
before, dunng and after the completion of this project
8 The Sponsor by execution of this 8rant, certifies that It has implemented, or veil
implement dunng this project, an effective airport pavement maintenance management
program, and it assures that it will use such program dunng the period of this A~reement
It will provide upon written request, such reports on pavement condition and pavement
management prosrams as the State deterrmnes may be useful Failure to comply with this
condition may make the Sponsor ineligible for future ~rants
9 The Sponsor shah have on file with the State a current and approved Attorney's Certificate
Of.airport Property Interests and Exhibit A property map
l0 The Sponsor shall have on file with the State a Certification Regarding Drug-Free
Workplace Requirements form
11 Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the Umted States to be used for any project for airport development or noise
compaubfllty for which funds are provided under this lp'ant The sponsor will include in
every contract a provision implementing this special condition
Page 8 of 17
12 SPECIAL CONDITION Except for instrument landing systems acquired vath AlP
funds and later donated to and accepted by the FAA, the Sponsor must provide for the
oontmuous operation and maintenance of any navigational aid funded under the AlP
dunng the useful life of the equipment The sponsor must check the facility, including
instrument landing systems, prior to commissiomng 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 hghtln$ or marking of the obstruction if any
aeronautical study conducted under FAR Part 77 deternunes that to be acceptable, and
mark and light the runway, as appropriate The Federal Aviation Adrmmstratlon veil not
take over the ownerslup, operation, or maintenance of any sponsor-acqmred equipment,
except for instrument landing systems
Part IV- Nomination of the Agent
1 The Sponsor hereby designates the State as the party to apply for, receive and d~sburse all
funds used, or to be used, m payment of the costs of said project, or In reimbursement to
either of the patties hereto for costs incurred
2 The State agrees to assume the rasponstb~hty to assure that all aspects of the grant and
project are done In compliance with all applicable state and federal requirements including
any statutes, rules, regulations, assurances, procedures or any other directives, except as
otherwise specifically provided herein
3 The State shall, for all purposes In connection w~th the project identified above, be the
Agent of the Sponsor The Sponsor harew~th 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 w~th the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the Umted
States under Title 49 U S C and congressional appropnation 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 ehg~ble 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 w~th State executed contracts,
Page 9 of 17
Contracting Agent:
e advertise for professional engineering and/or planmng services for, but not limited
to, the preparation of plamung 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 serwces fees, and execute, on
behalf of the Sponsor, a professional semces agreement as related to this project,
f administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance v~th federal and state
regulations
Contract Management Agent:
g exercise such superwsion and direction of the project work as the State reasonably
finds appropriate Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or materialman, the State shall issue a written order which
shall prevml and be controlling,
h coordinate and review project plans, specifications and construction, coordinate
and conduct progress and final inspections
Construction Phase:
authonze 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 projects
participate in pre-bid and pre-construction conferences, and issue orders as it
deems appropnate regarding construction progress, including but not limited to
Notices to Proceed, Stop Work Orders, and Change Orders,
k review, approve and mmntmn record drawangs
PART V - Recitals
1 The State shall obtain an audit as required by federal or state regulations, and procure and
forward to the FAA such specific project documentation as is necessary to complete all
aspects of this project
2 The Sponsor, and not the State, shall be the contractual party to all construction and
professional semce contraots entered rote for the accomphshment of this project The
power of attorney, as granted by the Sponsor to the State m Part IV - Nomination of
Page 10 of 17
A~ent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement
The Sponsor hereby agrees to pursue and enforce contract items which are required by
federal and/or state regulations, laws and orders to insure satisfactory performance of
contract vendors Such items include, but are not limited to, bid bonds, payment bonds,
and performance bonds Pursuit and enforcement of contract items may require litigation
and other remedies of law
The Umted States and the State of Texas shall not be responsible or hable for damage to
property or injury to persons which may arise from, or be incident to, compliance with this
grant agreement
This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party Furthermore,
the State shall not be a party to any other contract or commitment which the Sponsor may
enter into or assume, or have entered into or have assumed, in regard to the above project
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 hit the suspension,
b A date by which the corrective action must be taken,
Notification that consideration vail be given to ternunatmg the grant after the
corrective action date
In the case of suspension or ternunation, the Sponsor may request the State to reconsider
the suspension or termination Such request for reconsideration shall be made within 45
days afinr receipt of the notice of suspension or temunation
This A~reement is subject to the applicable prov~sions 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 Gert Code Ann Sections 241 001 et seq (Vernon and
Vernon Supp ) Failure to comply vath the terms of this Agreement or with the
aforementioned rules and statutes shall be considered a breach of this contract and will
allow the State to pursue the remedies for breach as stated below
a Of primary importance to the State is compliance with the 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 w~th
any of the terms and conditions of this Agreament, the State may pursue any of the
Page 11 of 17
following remedies (1) require a refund of any money expended pursuant to the
Agreement herein, (2) deny Sponsor's future requests for aid, (3) request the
Attorney General to bring suit seehng reimbursement of any money expended on
the project pursuant to the Agreement herein, prowded however, these remedies
shall not hnut the State's anthonty to enforce Its rules, resulat~ons or orders as
othervnse prowded by law, (4) declare t[us Agreement null and void, or (5) any
other remedy available at law or m equity
b Venue for resolution by a court of competent junsdlcuon of any dispute arising
under the terms of t[us Agreement, or for enforcement of any of the provisions of
t[us Agreement, ts specifically set by Agreement of the parties hereto tn Traws
County, Texas
8 The State reserves the right to amend or vathdraw t[us 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, w[uch extension shall not be unreasonably be demed
or delayed
9 T[Us Agreement constitutes the full and total understanding of the parties concermng their
rights and responsibilities m regard to t[us project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation ts
agreed to by both parties m writing and executed by both parties
10 All conumtments by the Sponsor and the State hereunder are subject to constitutional and
statutory hnutatlons and restlaCtlons binding upon the Sponsor and the State (Including
Sections 5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the
avmla[ulity of funds wluch lawfully may be applied
11 The Sponsor's acceptance of tills Agreement and ratification and adoption of the Airport
ProJect Participation Agreement incorporated herein shall be ewdenced by execution of
this instrument by the Sponsor, as hereinafter prowded, and t[us Offer and Acceptance
shall comprise a Grant Agreement, as provtded by the Title 49 U S C, constituting the
contractual obligations and rights of the Umted States, the State of Texas and the Sponsor
wath respect to the aecomphshment of the Project and compliance wath the assurances and
conditions as prowded herein Such Grant Agreement shall become effective upon the
State's written Notice to Proceed issued follovang execution oft[us agreement
Page 12 of 17
Part VI o Acceptance of the Sponsor
The City of Denton, Texas, does hereby ratify and adopt all statements, representations,
warrant~es, covenants and agreements constituting the descnbed project and incorporated
materials referred to in the foregoing Agreement, and does hereby accept the Offer, and by such
acceptance agrees to all of the terms and conditions oftha Agreement thereof
Executed this 16th day of Hay ,2000
Th ~ fDn nT __
~- '" 'i~ness Signature
City Secretary City Manager
Witness Title Title
Certificate of Sponsor's Attorney
I, Edwin M Snyder , a~tlng as attorney for the City of Denton ,
Texas, do hereby certify that I have fully examined the foregoing Agreement and the proceedings
taken by satd Sponsor relating thereto, and find that the manner of acceptance and execution
thereof, of the smd Agreement by said Sponsor, is in accordance w~th the laws of the State of
Texas
Dated at Denton , Texas, this 2n~ ~of '~ ,2000
~tness ,/lis~atur~ ~/m~y's Signature
Administrative Secretary First Assistant City Attorney
Witness TItle Title
Page 13 of 17
Part VH - Acceptance of the State
Executed by and approved for the Texas Transportation Conmusston as agent for the City of
Denton for the purpose and effect of acttvatmg and/or caring out the orders, estabhshed pohc~es
or work programs and grants heretofore approved and authorized by the Texas TransportaUon
Commission
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
Awat~on O~wsmn
Texas Department of TrsnsptYAllli~l~
Page 14 of 17
CERTIFICATION OF PROJECT FUNDS
The City of Denton does hereby certify that sufficient funds to meet the Sponsor's share of project
costs as identified in the Airport ProJect Participation Agreement for smd project will be avmlable
In accordance w~th the schedule shown below
SPONSOR FUNDS
Amount Source Date Available
$11,040 design _nb~e ~e'~/C'fl~t-- ~ ,~ I C)- I - c~ ~
The City_ of Denton. Texas
(Sponsor)
Page 15 ell7
CERTIFICATION OF AIRPORT FUND
The City of Denton does hereby certify that the ~"~/~'~t_ ~ ~,~ A~rport Fund
(Name of Fund)
has been established for the City of Denton, and that all fees, charges, rents, and money from any
source derived from mrport operations w~ll be deposited for the benefit of the A~rport Fund and
will not be diverted for other general revenue fund expenditures or any other special fund of the
City of Denton and that all expenditures from the Fund will be solely for airport purposes Such
fund may be an account as part of another fund, but must be accounted for in such a manner that
all revenues, expenses, retained earmngs, and balances in the account are dlscermble from other
types of moneys identified in the fund as a whole
Th~ City of Denton. Texas
(Sponsor)
Page 16 of 17
CERTII~'ICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A The grantee c.~es that it vail or vail enntm~ to provide a dnqg-froe workplace by
(a) Publishing a stateraent not,tying arnployees lhat the unlawful manufacture, thslnbution, diapensmg, possession.
or use of a oonlrolled substanc~ Is prohibited in the grantee's workplace and specifying the actions that vail be taken
against employms for violation of such prolubitwn
Co) Estabhslung an ongoing drug-free awareness program to mfonn employees about-
(1) The dangers of drag abum m the workplace.
(2} The grantee's policy ofmamtemmg a drag-free workplace.
(3) Any avadable drug counmlmg, rehabthtation, and employee assistance programs, and
(4} The penalties that may be unposed upon employees for drug abus~ violations ocournng m the workplace.
(c) Making it a requirement that each employee to be engaged m the performance of the grant be g~ven a copy of the
statement requu~d by paragraph (a).
(d) Not~t'ymg the employe~ m the statement requn'ed by paragraph (a) that, as a condition of employment under the
grant, the employee vail-
(l) Abide by the terms of the statemant, and
(2) Notify the ~raployer m writing of Ins or her conviction for a violation of a cnmmal drug statute ocenrrmg m
the workplace no later than five calendar days after such conviction.
(e) Not~eymg the agency mwntmg, vatlun ten calender days ~ receiving notice under paragraph (d)(2) from an
employm or othervase receiving actual notic~ of such ounvietlon Employers of convicted employees must provide
noti~, including position title, to every grant offieer 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 ldenttfication number(s) of each affected grant.
(0 Taking one of the following actions, vatlun 30 calendar days of receiving notice under paragraph (d)(2). vath
respe0t to any ~mploye~ who is so convicted-
( 1 ) Takang appropnate personnel action ai~amat such an employee, up to and including termination, consistent
vath the requu~.'mente of the R~hshdaation Act of 1973. as emended, or
(2) Reqmnng such employee to participate s~sfactunly m a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal. State. or local health, law enforcement, or other appropriate
agency.
(g) Malong a good faith effo~ to centmue to maintain a drug-free workplace through unplementatlon of paragraphs
(a). CO). (e). (d). (e). and (0.
B The grantee may insert m thc spac~ provided below the site(s) for the performance of work done m connection vath
the apacdIo grant
Place of P~t'onnance (Street ~_.tamss. city. enunty, state, zip code)
Check ~ Ifther~ ar~ workplaces en file~at ~ not idenOg, ed here
T~oed Name and Title of Sponsor Repros~tat~ve
Pa~e 17 of 17
ATTACHMENT A PART V ASSURANCES
A~rport Sponsors
t These aaauranoaa shall be oomplled with in the performanoe of grant ogreements for airport development,
alrpo~ planning, and nolle compatibility program grants for alrpal q3onsora
g Thegn ansuranoaa are required to be submitted aa pert of the project AIq~ort ProJe~ Partk~ipetlon Agreement (
herelns~er roferrad to aa 'APPA") by tponsom requesting funds under the provlllons of Title 49, U S C, ~ubtitle
VII, aa emended A~ used herein, the term 'publk~ egenoy aponac~ means o pubit~ ugenoy with oontrol of a
put:~k>uaa airport, the term "private sponsor' means a private owner of a publie-uee alrbo~t, and the term
"~ponsof' in~udaa both publlo agenoy ~onsom end private eponsors
Upon acoeptsnsa of the grant offer by the sponsor, these aama'anoaa are incorporated In and become part of
the grant agreement
st Duration and Appgcabillty
I Alrpmt development or Noise Oompallbll#y Program Projects Undertaken by · PulNIc Agency Sponsor
The terms, oondltlons and aasuranoaa of the grant agreement shell remain in full rome and effect throughout the
ueofut life of the feollltlaa developed er equipment eCXluired for on airport development or noise oompstibllity
prugram project, or throughout the useful life of the proJent items Instsllld within a facility under a noise
oompallblllty program projact, but in any event nd to oxoeed twenty (20) years from the date of ~optenso of a
grant offer of Federal fundo for the Ixojac'l However, there shell be no limit on the duration of the ~ranoee
regarding ExolusJve Rights and Airport Revenue ac long ns the airport II used aa an airier There .hall be no
limit on the duration of the tsmm, oonditlon~, and amronns~ with respect to real property ~oquirad with federal
funds Furthermore, the duration of the Civil Rights =__*~'__,ranoe .hall be ope~ifled in the ns~uronoaa
Alrporl Devstopmont or Nofaa Com~tlbl#ty Projects Undortakon by a Private Sponsor The pracedir~
paragraph I also applies to a pdvate sponsor except that the useful life of proJac~ items Installed within a facility
ortho nsefut life of the facilities developed or equipment acquired under on airport development er noise
oompallblllty program project .hall be no llaa then ten (10) years from the date of ~eptanoe of Federal aid for
the project
It Airport Planning Undertaken by · Sponsor Unless nther~ee ~paclfled In the grant agreement, only
Assuranoaa 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning proJaats The terms,
~nditlons, end eeeuranoaa of the grant agreement .hall remain In full force end effect during the life of the
projec~
G Sponsor Certlflr, atloa The sponsor hereby aaauraa and oertiflaa, with req)set to this grant that
I Oone~st Federal Requkemonts It will oomply with eli eppll~abll Federal laws, regulations, exe~utlva ordain,
poitolle, gutdellnno, end requirements aa they relate to the projest, ac~eptsnoa end uae of Federal funds for this
project Insluding but not limited to the following
Federal Leglstatlon
8 ~ 49, U 8 C, auntlbe VII, aa omended
b Devil-Bacon Ant * 40 U S C 276{a), et ese ~
n Federal Fair Labor 8tsnderda Ant - 29 U S C 201, et aaq
d Hstoh Ac{ - 5 U S C 1501, et aaq 2
e Uniform Relo~allon Aaalstance end Real Property Aoqulaltion Pollolaa Act of lg70 Title 42 U S C
f National Hlltsr~ Praaervebon Act of 1966 - Se~lln 106 - 18 U S C 470(f) ~
g Aroheolugl~al and Hlaterk3 Preservation Act of lg74 - 18 U S C 468 through 469~ ~
h Nallva Amerllons Grave Reparation Aut - 25 U $ C Ssetion 3001, et eeo
Glean Air A~, P L 90-148, aa amended
Coa~al Zone Management Ant, P L g3-205, aa amended
JkFlood Disaster Protection Act of 1873 - section 102(a) - 42 U S C 4012a
Title 4~ ,U S C, So. Ion 303, (formerly known sa Saatlln 4(f))
m R"hablittstlon A~t of 1973 * 29 U S C 784
n civil Rights A~t of 1964. Title VI - 42 U $ C 2000d through d-4
o Age Dlacltmthatlln Aof of 1875 - 42 U S C 8101 et eeo
p AmsCan Indian Rellgllue Freedom Asr, P L 95-341, aa emended
Arshitactural Borrlem Act of 1968 -42 U S (3 4t 51, et eeo ~
Power plant and Indual~lal Fuel Usc Act of t978 - Section 403- 2 U S (3 8373 ~
a Contract Work Hours and Safety Stsnderde Act - 40 U S C 327 et sea ~
Ce~)ellnd Antlkk~kbaok ACt- 18 U S C 874 '
u Nstllnal Environmental Polioy A~t of 1969.42 U S C 4321, et sea ~
Wild and Soenll Rlvaro Ant, P L 90-642, as amended
w Single Audit Aut of 1984.31 U S C 7501, et sea 2
x Drag-Frae Wortq)lace Ad of t988.41 U S C 702 through 706
A~mrt Ammmnons (~/~O) 8tare Modified (9/99) A-t
Executive Orders
Exocuitve Order 11246 - Equal Employment Opportunity ~
ExeouUve Ordtir 11990- Protection of Wetland8
Executive erbar 11998 - FIoed Plain Management
Exeoutlve Order 12372 - Intergovernmer~al Review of Federal Programs
Executive Order 12699 - Seiamk~ Safety of Foderat and Federally AsNMed New Building Construction ~
E. xeoutive Order 12898 - Envlronmentsl Juetlde
PedMal Regulations
a 14 CFR Pert 13 - InveetlgaUve and Enfomement Procedures
b 14 CFR Part 16 - Rules of Pre. Ica For Federally Aeslatod Airport Enforcement Presesdlnga
14 CFR Part 150. Airport nebs compatibility planning
d 29 CFR Part 1 - Procedures for predetermination of wage rates ~
· 29 CFR Pert 3 - Contrestonb end eubcontroct_o? on punik~ building or publb ,~mrk flneoned in whole or
part by loam or graflto from the Ufl4ted Stots~
29 CFR Part 5 - Labor Mandard8 pcovldtons ppplk;abia to controcts ~ovaring federally flnaoned and
eesleted construction (also labor Mandarpa provisoes ppplk~edia to onn-~onstru~flon contracts
sul~sut to the Contradi Wed( Hour. and Safety Stsnderda A~t) ~
g 4t CFR Part 80 - Qfflde of Federal ContrKt Compliance Programs, Equal Employment Opportunity
Department of Labor
(Federal and federally seMMed cOlltl'octing requirements) ~
h 49 CFR Part 18 - Unitorm edmtniMraflve redulraments for grants and cooperative agreements to state
and local governments ~
49 CFR Part 20 - New restrl~Gns on ldbbying
49 CFR Part 21 - NondtM. dmlnedon in foderally-a~tsted programs of the Department of
Traonpodattsn - eftsofuMtsn of TKla VI of the Civil Rights Ant of t 984
k 49 CFR Pert 23 - Participation by Disadvantage Business Enterprise in Airport Coonmmloon
49 CFR Part 24-Unlferm relocation assistance and real property acqulMUon for Federal end federally
essieted programe ~:
m 49 CFR Pert 26 - PedIolpation By Dlsadvantnged Business Enterprbea in Department of
Traoaportottsn Programs
n 49 CFR Part 27 - NcndieOllmineflon on the pans of handk~ap in prngmma and aoUvitlas receiving or
benefiting from Federal
flnaonbl aesletaone ~
o 49 CFR Part 29 - Government wide debarment and suspension (non-presuramant) and govemment
wide requirements for drug-fres workploce (grants)
p 49 CFR Part 30 - Denial of pulfli¢ wodc8 co~tra~8 to suppliers of gocd8 and esn4ces of counbles that
deny ixoourement market ~ to U S contrsutom
4G CFR Pitt 4t - Seldmk~ esfMy of Federal end federally assisted or regulated new building
onns~uctlon ~
Office of Management and B~ldget circulars
a A.87 - Cast Principles Applldable to Grants and Contracts with State and Local Governments
b A-133 - Audits of 8tares, Local Gover~ents, end Non-Profit Organlzatlans
(1) These laws do on~ eppty to airport planning ~poonom
(2) These laws do not apply to private 8poneom
(3) 49 CFR Part 18 end OMB Circular A-87 contain requirements for State and Local
Governments receiving Federal a~letaone Any requirement levied upon State end Local
Govemmeots by this regulation and clrouiar shall also be eppik)able to private 8ponsora
receiving Federal asMotanoa under Title 49, United Steto~ Code
Sponitk~ aesuraonee required to be it14duded in grant agreements by any of the above laws, regulation8 or
d~mulem ere Ionorporatsd by refereone in the grant agreement
Responllbll#y end Authority of the 8ponsor
a Public Agency Spoalor It hM legal suthor[ty to apply far the grant, and to finance and carry out
the proposed preJeof, that a resolution, motion or similar action has been duly adopted or poesed aa
an offal sul of the app#oa~8 governing body authorizing the f#ing of the APPA, Ionluding all
understandings end essurarmes oc~tsined therein, and diresting and suthodzing the person Identltied
a8 the offlnini representative of the applicant to act in connection with the APPA and to provide such
additional thformatton as may be reduired
b Private 8pon~or It hca legal authority to apply for the grant and to tinaone end carry out the
prppoaed projeof and comply with all terms, conditions, and assurances of thld grant agreement It
shall designate an offl~si representative and shall in writing direct and authors that peraon to file
this APPA, Ioniudtog ell understandings and assurances co~tslnad therein, to sut In ooonectlon with
this APPA and to provide such addlttsnal information es may be required
8pMIIor Fund Availability It hes ~ funds available for that portion of the proJe~ cns~ which are ncX
to be pold by the United Ststs~ It ae suffioMnt funpa avalldbts to esmJra pperaUon and maintenance of Items
funded under the grant agreement which It will own or control
4 Good T#1e
a It, e publlo ogeony or the Federal government, holda good tltia, aatld~ery to the 8su~'etsry, to the
landing q'ea of the alrpod or Me Ihereof, or will give essuraone ~atlatoutmy to the 8suretery that
good titia v/,ll be imqulred
Nrport ,am~umones (9/g9) 8tats Modified (9/99) A-2
F~ noise oompatlblilty program proJec~ to be oarried out on the propsrfy of the sponsor, I~ ho[ds
good title catiefectory to the Secretory to that Purilon of the propaf~y upon whioh Federal fund. ~ll
expanded or will give assurance to the Se=ratsry that good title wail be obtained
Preserving Rlghtl and Powers
e It will not take or permit any action WhiCh would operate to deprive it of any of the dghto and pewee
nocse~ to pafform any or ali of the tern'm, oonditlons, and assurar~ee In the grant agreement
without the written opproval of the 8eoretory, end will act promptly to ooqulre, extinguish or modify
any outstanding rights or olelrrm of fight of others whloh would Interfere with suoh parformenns by the
Wx)nsor This sndit be done in s mef~er eccalXable to the Seeretary
b It will not sell, lease, an~umher, or uthei'wiea transfe~ or dl~se of any pa~l of b title or other
Interests In the property shown on Exrdbit A to th~ APPA or, for o noise oompatibllity program project,
that podlon of the property upon Which Federal funds have been expended, for the duration of the
terms, oonditlons, and ea~urenns~ In the grant agreement without aplxovsi by the Secretary If the
tr-nsforee is found by the Secretary to be silglbis under Title 49, United States Code, to aasume the
obligations of the grant agreement and to have the power, authority, end Itnsnolel reeour~se to carry
out sil mJOh obligations, the sponsor shall insert In the contract or document tranoferfing or disposing
of the ppons~o Interest, and make binding upon the transferee all of the terms, conditions, end
oseurar~se ountsinsd in this grant agreement
o For all noise compatibility program projects which ara to be oarrled out by another unit of local
government or are on property owned by a unit of local government other then the apunsor, it will
enter Into an agreement with that government ExcalX as ntherv/Ise spaolitod by the Seoret~y, that
agreement shall obligate that government to the same terms, oondltions, and mu~f~as that would
be applk:shis to It If it applied dk.octiy to the FAA for o grant to undorl~ke the noise competiblllty
program projec{ That agreement end ondngee thereto must be ee~fe~tofy to the Se~atary It witl
toke steps to enforce this agreement against the local government If there is 8ubetantisl non-
oompllenca with the terms of the agreement
d For nctse compatibility program projecto to be nsrdod ou~ on privately owned properly, it will enter Into
en agreement with the ovmer of If~t Ixoparty Whir. h Inbludee provisions ppeclited by the 8ecratary It
will take ctepa to enforns this ogrsement ogak~at the IXOpariy ownsr whenever there la ~ubatantisl
non.~omplisnco with the terms of the agreement
· If the sponsor is e pfivete sponsor, it will take steps ee~fectory to the Secretary to ensure that the
ak.lxxt will oontinus to function as a publi~ usa sirpod in aocordenns with these assuranc, as for the
duration of these eseuraf~se
If an arrangement is mode for management and oparetlun of the slrpod by shy ogen~y or parson
other than the qx~mor er on employee of the sponsor, the pponoor will rseewe ~uffk:lent dgnt8 and
authority to Insure that the sirpod will be operated end maintained in socordanus Title 40, United
Stotse Code, the regulations and the terms, conditions and seeurancas In the grant agreement and
shall Insure that 8u;h arrangement sase requires oomplla~e therewith
Coneletenoy with Local Plimo The project is rseencably consistent with plans (existing at the time of
eubmlaslon of thio APPA) of publk= ogenctes that are authorized by the State In whk:h the project is located to
plan for the development of the ares surrounding the alrpo~
Conllderatlon of Local Intereof It has given fair cor~dderation to the Interast of oommunitise In or nsor Where
the project may be located
It Consultation with Users In making e decblon to undertake any sirpo~ development project under Titis 49,
United Stotas Code, it hoe undedeken reasonable consultations with affected parties using the eitpoft et wh~h
project is proposed
g Public Hearings, In proJeois Involving the Ioustion of on sirport, on sirport runway, or o major runway
extension, it hse afro(tied the opportunity for publi~ heortngs for the purpose of oonsidaring the
socisl, and envitonmentat allegis of the airport or runway location end b oonsiatenoy with goals end ob~ar:(ivee
of 8Uoh planning ea has been serried out by the oommunIty end It shall, When requested by the Seore~afy,
submti o oogy of the fren~:rlpt of ~ur.h hserIng8 to the Secretary Further, for such projocto, it has on
management be.rd eIther voting representotton from the ~ommurV~ise Where the projec( Is located or has
ndvleed the r. ommunitlse that they have the rlgnt to paittiun the Secretary oonnsrning a proposed proje~
10 Air and W~tor Quality Stancisrdo in projects involving airport location, e major runway extension, or runway
Iocshco it will provide for the Governor of the state In which the IxoJect is Icoeted to certify in writIng to the
$ocrshlry that the Ixoject will be located, dasignsd, oormtroc(ed, and operated .o se to ocmply with spplk=shle
sir end water quality shlndardo In any osee Where *ugh etandorde have not been approved end where
applicable ok' and water ~uality standards have been promulgeted by the Adminldretor of the Envk'onmental
Prutectisn A;lef~y, cadll~otiun shell be obhllnsd from ~uoh Admin~retor Natk~e of nsntflnstlon or refusal to
cantfy shall be provided within ~lxty dey~ Biter the proje~ APPA hoe been rocsived by the Seordory
11 Paventent Proven#ye Mekt~eninca With re~oect to o project approved arior January t, leeS, for the
roblecement or rer. onedu(~n of pavement et the airport, it armurse or caditise that it bee implemented an
effecitve olrport pavement msintonof~e-mansgement program and it easuras that it wilt use arxth program for
the useful life of any pavement oons(ructed, reconstructed or repaired with Federal financ, isl mmistanse at the
airport It will Ixovlde such relxxts on pavement oundttisn and pavement management programs OB the
Seordery deisrmlnas may be useful
AImort A~uran~as (9/90) 8h~is Modified (0/~) A-3
T~tllbtni D~vniopntent pr~equtoite~. For projoc~ whk~ InrJude terminal development ote puldlo use
airport, ee defined in Title 49, It hoc, on the date of stdomlhel of the proJoct grant reclUest~ all tho eefoty
equ;pmont reqolrad for c~11itnsiton of oush airport under ~tion 44706 of Title 49, United 8tot~ Code, and ill
the eeoudty equipment required by rule or rKlu~atlon, and bee provided for ooc~ to the passenger enplaning
and deplaning area of ~Joh airport to paocengem enplaning and deplaning from olroralt other than sir carrier
alr~'att
13 Ace. ountlng System, Auclll, and Reco~d Keeping Requirements.
a It eholl keep ail projoct ~ounta .nd rocorde wh~h fully dloclnae tho amount end disposition by the
recipient of the proceeds of the grant, the total goat of the proje~ in ~onfloctlon with which the grant Is
given or used, arid the amount or nature of that potion of theooat of tho project supplied by other
ocumee, and 8ush other ~onolat records porfinent to the proJoct The accounts and reoerde shall be
kup~ in o~oordonoe with on ic~oundng syMem that will focilltate off eftaddva audIt in ac~'.ordence with
the Single Audit A4~ of 1084
b It shall make IVIIIIMe to the 8ocratery and the Comptroller General of the United 8totee, or any of
their duly authorized rapreeento§vee, for the purpose of audit and examination, any books,
documents, papers, and rocorde of the roclptant that ora pennant to the grant The $ocra~ory may
require that on uppropdota audit be conducted by e recipient In any case in which an independent
audit Is made of the ~ount8 of a ~ponaor relating to the dlapoaiitoh of the proceeds of a grant or
ndsflng to the projeqt In connoctlon with which the grant was given or used, it shall Itis e codified copy
of lu~h audIt with the Comptroller Osflorol of the United States not later ~han six (6) monthe following
the olnae of the risen year for which the audit was made
t4 Minimum Wage Raton It shall include, In all aontra<~ in a)~ceee of $2,000 for wo~ on any proJedm funded
und~ the grant agreement whk)h invatve libor, provision8 establishing minimum ratns of wages, to be
predetafmlned by the Secretory of Lshor, In a<~ordense with the Davis-Beonn Act, ess amended (40 U K: C
27de-276a-5), whbh contmofom shall pay to Mdlled and unskilled labor, and 8u~h minimum rotes shall be
gated in the invitation for bids end shall be in4duded Iff proposals or bid8 for the v.'mk
lg VMeran'l Prefo~ence it shell Include in all contracts for work on any proJe~ funded under the grant
agreement which involve labor, such provIslof~ as am noceeeory to insure that, In the employment of labor
(exGelX In exaouitve, edmlnIstraflve, end oubefvIsory positions), preference shall be given fo Votorana of the
Vlninam em and dIsabled veterans as defined in Section 47112 of Title 49, United States Code However, this
preforen~e shall apply only where the Individuals ore available and qualified to perform the work to which the
employment relates
lIt (~onforlwity to Plans and Spoclfigatlona It will exocuto the project subject to plans, upoclfl~otlona, and
enhedolee approved by the Socratory Such plane, upeolfinatiorm, and Khedules shall be submitted to the
8ocratary pdor to nommen~emont of ~lte preparation, construction, or o~her porforman~e under this grant
agreement, and, upon approval of the Seergary, shell be incorporated into fids grant agreement Any
mndiitoshon to the opp~'oved plans, Ipaelfi~atlons, end KhedLdes shall also be subject to opprovol of tho
Sesratory. ond incorporated into tho grant agreement
17 (~onetruot foil lit opoctlon iltd Appr'ovat It will provide end maintain combatant taohnk~al oupervlslon st the
~onnimutlon Me throughout the proJe4=t to mmure that the work conforms to the plans, upeolflootlona, and
ochedulee approved by the Secretary for the proJec~ It Bheil oubJoct the conatruotion work on any projoct
cxmtolnod in in approved proJoct APPA to Inspoctlon end app~ovol by the Secretory and m.~h work shell be In
accordance with regulations and pro.adores preecdbed by the Secretory Such regulations and proundurns
shell require 8unh ooM and prograee reporting by the sponsor or uponsora of such projoct oc the Socratap/shall
deem noceeeory
18 Planning ProJeofs In oorrylng out planning projocta
o It will exocuta the prc~e~ in a~orclan~e with the approved program nsrraItve contained in the proJoct
APPA or with the medlitooItona Mndlody approved
b It will furnish the 8ocratory with ~ berledl~ reports ns required pertaining to the planning project
and planning work eetivitiee
n It will in~ude in all pal~hed mofodal prepared in ounnoction with the planning project e notice that
the motadel was prepared under o grant provided by the United 8totes
d It will make eunh mniadal avalloblo for examinaIton by the publi~, end ogress that no matedol
prepared with fonds under this projoct shall be eubloct to copyright In the United States or any other
country
· It will give the Seeratary un~eetrk~ted suthndty to publish, disolo~s, dishfoute, snd othe~viee uae any
of the matarlol prepared in oonnoctlon with this grant
It will grant the Secretary the mtght to disapprove the uponoc?s employment of opoci~ cunouitanta
and their au~ontraofara to do all or any port of this project ag well aa the right to disapprove the
proposed ~po Ind goat of professional ~orvk~ee
g It will grant the Secretary tho right to dloupprove the use of the apunocr'o employees to do ail or any
pat of the proje~
h It underatonde and ograee thor the Seoratory'o approval of thIs project grant or the Seorga~e
approval of any plonnlog mata~l dovelobed aa poK of thIs grant does not constitute or Imply ony
-__~_-,_,ran~e or commitment on the part of the Secretary to approve any pending or Mure request for a
Federal airport grant
A~rt Am~um~ee (ems) 8~e Mndmed (9/~e) A-4
Operation and Maintenance
a The airport and all fao#lites whic~ are necaasary to serve the aeronautical usera of the airport, other
than faoilkies owned or ool*~'oited by the United Statsa, shall be operated at ail times In a safe and
sarvIosabhi oondkion and In ao~erdance with the ndntmum etandord, aa may be redulred er
pre~thed by eppitoable Federal, elate and local agencies far malntananoa and operation fi wlfl nd
caw or perm~ any activity or set,on thereon which wou~d interfere with ~m uae far alrpert purposes It
will suitably operate and maintain the ak.port and ell faatlkies thereon or oonna~ed therewith, with due
regard to ~llmefio and flood oendlfione Any proposal to temporarily oloee the airport fro' non-
aeronautk~al purposes mu~ firat be approved by the Seoretary
In furtherar~e of this aaeora~e, the eponeor will hive in effe~ arrangements fo*'-
(1) Opor.tIng the atrp~e eeronaufical fac;,Ikieo whenever reduk.ed,
(2) Proml~ly merldng and ilghfing hazards resu4tlng from ak.po~t oondtiioos, Inoluding temporary
(3) Proml~ly noUn/lng airmen of any oonditlon affecting aerousut~at uss of the airport
Nofhing oonteined herein endil be c'.onet~ued to require that the atrpert be operated far aeronautical
uae durIng temporary periods when enow, flood er other citmatk~ oondltlona Interfere with such
operation and maIntenanoe Further, nothing herein .hail be oocatrued es requiring the malntenanus,
repair, re~oretlon, er replaoement of any atrueture or facility whiGh hi aubetantiatly damaged cx
deetroyed due to an set of God or other oondition er ~r~umstan~e beyond the oontrol of the sponsor
b It will auitably operate and maintain nohie oompatibility program Itama that it own~ er oonfrohi upon
which Federal funda have been expended
Hazard Removal end Mitigation fi will take approprieta a~ion to aaeora that auoh terminal almppc~ as hi
redu~red to protaof Inetrument .nd vhiuel oporetiona to the airpp~ (th<~udIng establhihed mlntmam flight
altitudes) will be adequately olearad and ixofe~ted by removing, lowering, rei~ating, marking, or lightti~g or
c~or~a mtiigedng existing ak.pod fiazerd$ and by preventing the e~abtishmeht or oresfion of future
hezard~
CompaUble Land Use fi will take appropriate aoflon, to the extent roseonebhi, including the edo~on of zoning
laws, to reetrlet the use of land edJaaent to ~ in the Immediate vtoinity of the airport to a~fivitles and purposes
~ompatlbhi With normal airport operations, it~uding landing and takeoff of atrcrat~ In addition, If the proJeet hi
for noise oompafiblllly program ImplementaUon, ti wki nof oause er permit any change in land use, vdthln Its
.l~rhidk~lon, that will reduce b oomppfibility, with reepeot to the airport, of the natae oompetlbkity program
measures upon whk~ Federal funda have been expended
a fi will make the akpo~ svallabhi es an airpoct fo~ publ~ ues on reaaonabhi temm and w~hout unju~
dhi~rimlnet!on to all types, Idnde and c~asasa of eoronautk~at acfivtiles, Ir~.ludlng oommeralal
aeronauUoet .~lvalaa offaring esrvlca, to the pul~ et the airport
b In any agreement, oonfraof, hiasa, or oth~ erreogemer~ under which · right or I~lvlhige .~ the ak.po~
hi granted to any person, firm, or oo~'porafion to c. onduet or to engage in any eeronautk~al aoUvlty for
fumlehlng ~v~vIosa to the pul~k~ et the airport, the sponsor will th~e~ and enferca provi~lona requk.lng
the Goflh'aofor to-
(l) furnish esld sarvlees on a reasonable, and not unJu~ly dle<~tmlnetory, beehi to ail users thereof,
and
(2) ~a;e reasonable, and not u~juetly dkioriminetory, I~ far aa~ unit or aervlce, provided that
the eonfraofor may be allowed to make reasonable and nondi~riminatory discounts, rebatsa, or other
elmllor types of pries reduoflona to volume purohesara
o Ea~ fixed-baaed operator et the alfl)ort shall be ~ubjec~ to the same rates fees, rentals, and other
ohargsa aa are uniformly applk~ephi to all other fixed.besad operators making the same or atndhir
~ of ~uc, h airport .,nd utilizing the same o*' miler faoititlos
d Each air oat~or t,mlng auoh aitport chats have the dght to sawk~e itself ~ to uae any fixed-baaed
operator that la authedzed or parroted by the airport to aewe any air oanter at such
e Eeoh air ca.er uatng au~h airport (whether aea tenant, nontenant, o~ aubteoanl of another ak' sarrier
ta~ant) etmit be m~bJeet to mJch nondlsc;~lmlnatery end aul~enfiaity ~omparable rules, regulafiona,
oondkion., ratea, fes~, ran~ale, and other ohergaa v/dh respe~ to facilities dlraoUy and .ubetantlatly
ndeted to providing air frarmpoftafion aa ere app~k~eble to all ~ ak. ca.ers wi~,c,h make atmilar use
of ~ eitport end u~illsa atmilar feoikiles, eubJe~ to resennebhi ehi~aiflcatioca au~ es tenan~ or
nontenente end a~gnetory oarrlera end nonatgnetory carriers Claaalfk~afion or ~etus aa tenant
eignetory shall not be unraeennably withheld by any airport provided an air can'ier asaumos
obligetlon$ aul~etantlaily almilar to those already Imposed on ak. oarhera In suc~ ohi~flcaUon or
ahdua
f It will nof exerc~hie or graht any right or prlvlhige whic~ operates to prevent any person, firm, or
~orporation operating ak.c,4'aa on the airport from perferndng any aervk~es on I~ own airora~ with its
own employees [Inoluding, but not iln~ted to mek~enanca, repair, and fueling] that ti may obsess to
g In the evef~t the eponeor Itsaff exendese any of the rtght~ end privileges referred to In tW4s asauranca,
the sanrk~es Invofved v~l be provided on the same c. onditloca es wou~d epp~y to the fu~'nhihlng of
aa~vk~m by ~ommaf~al aeronaufical service providers authndzed by the epon~er under these
~'ovl~on.
h The sponsor may e~abllah .uoh reasonable, end not unJu~ly dhic~tndnatory, cond~ione to be met by
s# usam of the airport aa may be neoesamy fo~ the safe and etlk~t operation of tha
Airport Akeur. ncae
The edonsor may prohlb~ or #rn~ any given type Idnd or dials of esroneutloel use of the eh'port If
mush action la n~__-~__ry for the esfe operation of the eirp~t or neeasusn/to asfve the civil aviation
needs of the publlo
Exeluelve RIgM~, It will permit no exeJu~ve right for the use of the airport by any posen providing, or
~endlng to provide, aeronautiodi esrvloas to the publlo For purpoeso of this paragraph, the providing of the
~h'vIoes et an eirpori by a single itxed-benod operator ~hall not be canotnJed se an exclu~ve right If both of the
fanil°wIng a~w~uld be unreasonably oaotly, burdensome, or Impractical for more than one fixed-baaed operator
to provide such esrvlose, and
b If allowing more than one fixed-based operator to provide such asrvluse would require the reduotlon
of a~me lasasd pumuaht to an existing agreement between such single Itxed-beesd opamtor and
such airport
It further agrees that It will not, elmer direotly or indireotly, grant or permit any person, firm, cx norporation, the
exolu~ve right at the alrl~ to oondu~ any eeronautlodi m:tivlaas, Including. but not #meted to charter flights,
pilot training, siroreft rental and sightseeing, eerlbl photography, orop dusting, eeddi advertising end surveying,
air oenler operations, siroraR esles and so.leas sale of aviation petroleum products whether or not oonduoted
In oonjun~lon wis nther asronou~lcdi ~lvity, repair end malntansnoe of alroraR, sale of diroralt perte, end any
other *¢tlvlaas wnioh because of their dlreot relationship to the operation of blrorafl eon be regarded as an
aeroneotk:di aotlv~, end that It will tmminata any exdiuslve right to oonduet an seroneutiosi activity now existing
et euoh an airport before the grant of any eas~anoe undee Tlae 49, United States Cede
Fee end Retail Stfuctuve ti will maintain a fee and rehtdi atn~ure for the facllitise and eorvlose at the eirpo¢t
which will make the airport as m~'.euotaining as pus~ble under the cJroumotances existing at the bertlouler
airport, taking Mo m:eouht .ueh feotoee es the volume of tr.~'flo and eeonomy of odileotion No part of the
Federal .hare of an airport development, airport planning or nolae compatibility proJaot for which e grant la
made under Tale 49. United 8totes Code, the Airport end AInvay In~3~ovement Aot of 1982, the Federal Airport
Aot or the Akl)ort and Akway Development AOt of 1970 *hall be tnoluded in the rate be~ in establishing fees,
rates, and ehergas for uses of that airport
Alrl)o~t Revenues
e All revenuse generated by the airport and any Iooal taxes on aviation fuel established biter December
30, t 987, will be expended by It for the oapltal or operating ooata of the airport, the local ekpart
· yatem, or other lasal facilities which are owned or operated by the owner or operator of the airport
and which ere dirastiy end eub~ntislly related to the actual air transportation of paesengem or
Ixoporty. or for noise mItigation purpesse on or ~ the airpo~ Provided, however, that If novenanta or
=__*e,__,ranoes in debt obligations laeued before September 3, 1982, by the owner or operator of the
airport, or provl~ons enasted befece September 3, 1982, in governing e~a~utus ountrolllng the owner
or operator's Itnsnoing, provide for the use of the revenues from any of the airport owner or operator's
facilities. In~udlng the airport, to support not only the airport but else the airport owns er oparatoCe
general dam obligations or other facllaise, then this limitation on the use of all revenues generated by
the blrport (and, in the ease of a pudllo airport, Ioodi taxse on aviation fuel) shall not apply
b Ae part of the annual audIt requ~rnd under the 8Ingle Audit Aat of 19~4, the eponm~' will direct that the
audit will review, end the resulting audit report will provide an opinion nonoemthg, the use of airport
revenue and tm(as in paragraph (a), end Indloating whether funds pold or tmnsfee'ed to the owner or
operator are paid or transferred In a manner consistent with Tlae 49. United 8totes Code end any
other applicable provision of law, including any regulation promulgated by the Secretary or
Admln~rotor
c Any ~vll penalties or other asnotlone will be Imposed for violation of this aasurenoe in acoordanus
with the provisions of Seotlon 47107 of Title 49, United $totas Code
2ti I~al3orte ~ Inlpe~ttonl It wilt
a submit to the Seorotary auc, h annual or special financial and operations reports as the 8eoretary may
remmnsbly reduaot and mare aueh reports available to the publlo, make available to the publlo at
resaonsble times end pleoes a report of the airport budget In a format prseorlbed by the 8eorotery,
b for airpoet development projects, make the dirport and all airport reoorde and deoumenta affeotlng the
airport, indiudthg dende, leases, operation end use *gresmenle, regulations end other Ins~umenta,
avelleble for Inopeotlon by any duly eothorlzed agent of the Seoretmy upon reasonable request,
o for noise oompatlbll#y program proJas~, mare ret:erda and dooumenle relatIng to the proJeot and
onotinued oompllenoe w~h the tome. tend#Jena, and sasuranose of the grant agreement includIng
dsed., leases, agreements, regulations, and other In~rumenta avsiisble for In~pootion by any duly
authorized agent of the Seoreta~/upon reasonable request, end
d In e format and Ume prasorlbed by the .Seoretary, provide to the Seoretery end mere available to the
publlo followIng asoh of Re fleusl yesm, an annual report elating In detail
(i) all emounto paid by the airport to any other unit of govemmeht and the purposes fm whk~h
ouoh .uoh payment wee mede, end
(il) ell asfvloas end prope~y provided by the airport to other unRe of govemmeht and the
amount of nompenseRen reeatved fo~ provlsino of eaoh such Smvlus end property
27 Uae by (3ovornment Akor~ft. If ~ mere evelisble sit of the f~llUes of the airport developed with Federal
flnenalal ae~nee end ell thuse usable for landIng and takeoff of eiroreft to the United States for use by
Qovemmenl elroraft In oummon with other airoraf~ et all times without ~arge, exoep~, If the uas by Qovernment
eRemft la ~_-~-.e~di, oherge may be made for e reasonable *here, IXoportlonal to eush use, for the ooat of
operating end mainf~lning the fedilaloe used Unieus othen,~lse datermthed by the Seorotory, or otherwise
Atiport.'a~noes (g/gg) 8tote Mndlfled (g/~g)
agreed to by the eponaor and the ,ming agency, substantial uae of an airport by Governmen( aircraft will be
conaldered to exlet when oporatiorm of ~unh airc~R ere In excees o~thase which, in tho opinion of tho
Seoretary, would unduly interfere with uae of the landing areas by other authorized aircraft, or duflng any
naiondar month that-
a Five (G) or more Government airoraft are regularly based at the airport or on land adjacent thereto, or
b The total number of movementa (counting each landing as a movement) of Government airoraft Is
300 or more, ortho groes ecoumulatlve weight of Govamment blrm'aR u~ng the airport (the total
movement of Government airsralt multiplied by groes wolgl~ of eueh oirereit) io in axuaas of five
million pounds
28 Land for Federal FacH#ta.. It wilt furnich wtltiout coat to the Federal Government for uee in c.o~neotlan with
any air frofflo control or air navigation ectlvtllaa, or wasther.reporting and communkrstion e4~ivltlas related to sir
troffio control, any areas of land or water, or eotate therein, er rlghta in I~ildinge of the epormor as the Secratery
conaldem naoeeoary or deidrabfa for conatr~on, operation, and maIntenance et Federal oxpecee of apace or
fecllMes for each purpoase Such arose or any portion thereof will be made available aa provided herein within
four months after reoelpt of a whttan requeet from the Seoratary
2ti ~d~pod layout Plen
a It will keep up to date at all times an airport layout plan of the airport chewing (1) beundedas of the
airport and ail prppueed addltiorm thereto, together with the poundarleo of all offeae arose owned or
co~h'eifad by the spencer for airport purpceeo and propoasd ed~ioce thereto, (2) the iocetion and
nature of al4 extetlng and propoasd airport taeilitias and atruaturas (such as runways, taxlwoys,
atxona, terminal buildings, hangars and roads), including all propased exten~orm sad reduofioas of
exioting airport taeilltias, and (3) the Icoofion of oil oxl~ng and proposed nonaviotion areas and of all
exioting Improvements thereon Such airport layout plane and asch amendment, revlatan, ur
mndiflnatlan thereof, shall be .abject to the approval of abe Sesretary which approval chaff be
evldsnned by the blgnature of a duly authorized representative of the Secretary on the taoe of the
airport layout plan The eponeor wlil not make or permit any changes or altaretiona In the airport or
any o~ Ita fee#atlas wh~h are not in conformity with the airport layout plea aa approved by the
Secretary and which ndght, In the opinion of the Secretary, adversely affect the safety, ~ilty or
efficionny of the airport
b If a change or alteration in the airport or the taullltlas i~ made which the Secretary dofermines
adversely affects the safety, utility, or effl~ency of any federally owned, leased, or funded property on
or off the airport and which io not In confom~lty with the airpect layout plan as approved by the
Secretary. the owner or operator will, if requested, by tho Secretary (1) eiin~neta such adverse effect
in a manner aPlxoved by the Seorofary, or (2) bear all oasta of relocating .ueh property (or
replacement thereof) to a ~ta ecueptable to the Seoretary and ail ouata of restoring such property (or
repleoement thereof) to the level of safety, utlflty, offioioncy, and oust of operation existing before the
unapproved change In the airport or tls facilities
Civil Rights It will comply with ecoh rules aa are promulgated to assure that no person chaff, on the grounds
of roes, oread, eoior, national odgln, aox, age, or handicap be excluded from participating in any eoUvity
conducted wtlh ur benefiting from funds received from thio grant This esouracoe obligetes the eponaor for the
period during which Fedorei flnanolet as.eiatance ia extended to the program, except where Federal flnancAei
aeolatanne la to provide, or la in the form of personal property or real property or interest therein or .buofuras or
Improvements thereon in which oeoe the aasurance obligates the eponaor or any transferee for the longer of the
~lowlng periods ia) the period during wftkYn the propen'y la uasd for 8 purpose for which Federal flneoolal
eseiofance le extended, or for another purpose involving the provision of tdmllar services or benefM, or (b) the
period during which the epon~x retains ownership or poase~on of the property
31 Dlapueal of Land
a Fpr lend pun=ndasd under a grant for airport noise oompetlbiltly purpuaas, It will dispose of the lend,
when the land io no longer needed for such purposes, at fair market value, at the asItlaat prac~,celY, e
time That pertinn of the preoasde of ~uch dlepobltion which Its proportionate to tho United Stateo'
chore of acxlulalUon of ouch land will, st the dieor~co of the Secretary, 1 ) be paid to the Scoratary for
deposit In the Tn,mt Fund, or 2) be reinvaeted in an approved nolae compatibility project so preeorlbed
by the Secretary
b (1) For land purcheoed under a grant for airport development purpoeso (other than nolas
compatibility), It will, when the land la no longer needed for airport porpuaas, dlepcea of ~ueh land at
fair market value or make avallabla to the Secretary an amount equal to the United States'
proportlanata chars of the fair market value of the lend That portion of the prcoasde of ouch
diopo~ition which la proportionate to the Untied Stateo' chara of the coat of ecquibltion of ~ land
will. ia) upon epF4icetlan to the Secretary, be reinvested in another eligible airport improvement
proJeot or proJecta ppproved by the Secretary at that airpoct or within the national airport sy~em, or
(b) he paid to the Secretary for depcelt in the Truof Fund if no eligible project exlate
(2) Land shall he eonbldered to be needed for alrpo~ purpoasa under this aasursnna if ia) tl may be
needed for aeronautical purposes (Including runway protection zones) or serve aa nolas b~ffer land,
and (b) the revenue from Interim uaas of .uch land eonblbutce to the ~anclal asif-suffiolancy of the
airport Further, land porshecod w~h a grant received by an airport operator or owner before
December 31, 1987, will be con.dared to be needed fur airport purpoess if the Secretary or Federal
agency maldng euoh grant before December 31, 1967, was nctlfiod by the operator or owner of the
ueas of eunh land. did not object to such uae, and the land continues to be used for that purpose,
~uch ueo having eommenced no later than Deoamber 15, 1989
Alrpm~ Aaeura~eo (9/99) State Modified (6/99) A-7
o D~oo~iton of euoh tend undor (e) o~ (b) v~ll be 14JbJerX to the retdntlon or rmservatlon of any Infarct
or right therein ~e~ __=~_ _ry to en~ure that au~h land wilt o~y be used for purposaa ~vh k~..h ere
~ompatlble with nolee levele aaasolated w~h operation of the airport
Englneoring end Design 8er~laaL It will award esoh oontr~K~, or .ub-~ontre~ for program management,
son~lon management, I~.anning ~tudlso, faaaibllity atudle~, or~hitsotura; sorvl~aa, prallmllmry engineering,
deign, engineering, auweying, meqlXng or related Iorvlc~ with raapaot to the proje~ in the aame manner aa a
sontrsot far arohite~ural end aoginsoring sorvloaa le negotiated under Title IX of the Federal Property end
Adminlatrutive Ser~k~ A~t of 1949 or an equivalent qualif~atlona-baaed requirement prem3~lhed for or by the
~=onsor of the airport
Fondgn M~rk~4 Rso~'lctlona It will not allow fund~ provided undor thle grant to he uand to fund any project
whloh ueso any prequ~ er sowloe of a forblgn ~ountry clndog the period in which su~ foreign sountry In I~ted
by the United 8tataa Trade Reprsoenteitve aa denying fair end equitable market opportunitiso for prndu~ and
.uppllem of the United Stataa In procurement end construction
34 Po#¢laa. Standerda, end 8pe~lllc~tlona It w~ll carry out the proJe~ in a~ordanoe with pellolaa, ~tanderda
end apaoitle~orm approved by the $~etery including mt not #mlted to the advisory olroulare listed in the
Current FAA Advisory Ciroulem for AlP projeots, dated 7/1/99 and Inoiuded in thle grant end In acoorclenoe wtth
apldleable atate pollolso, ata~dards, end ~peoifloatloaa approved by the Sec~'atary
3g Ratoeatkm end Raal Property Aequl~tlon (1) It will be guided in a~quiring real property, to the graataat
extent preutk~le under $fate law, by the I~nd ~qul~on poitoiaa In $ubpart B of 49 CFR Pert 24 end will pay
or relmbume property ovmem ~ neoesoar/expenaea aa ape~ited in Su~art S (2) It will provide a rekx~t;o~
aaaletenoe program offedng the sorvi~aa desorlbed in $ul~oart C end fair end reasonable rele~aiton peyment~
end so~latanoe to diedla~ed pemona aa required In $ubpart D end E of 49 CFR Pert 24 (3) It wilt make
avalleble w#hln a reasonable perled of time Ixtor to diaplsoeme~t, oompereble rapfaoement riwallinga to
c#edlenad persona in a~oordan~e w~th Subpert E of 49 CFR Part 24
Aaoeso By thterr, lty Busoa. The airport owner or operator will permit, to the maximum extent prsoitoable,
Interoity buses or other modes of trana~partait~n to have aoceaa to the airport, however, it baa no oldlgatlon to
fund ~paolel f~llltlso for interc~y buses or for other modaa of trenaportaiton
27 DIMidvalttaged Bualneaa Entorprllea The rerJplent shell not diserlminate on the beats of reee, outor,
national origin er Mx in the award and performar~e of any DOT-aWated oontre~ or in the adminiatretion of its
DBE program or the requlremenfa of 49 CFR Part 26 The Recipient shell fake all ne~eaaory end raasonal~e
8tepe under 4;) CFR Pert 26 to eneure non disorlmlnaIton in the award and edminiatraiton of DOT-MMsfad
(xmtre~m The rsoildent'e DBE Ixogram, so required by 49 CFR Pert 26, end aa approved by DOT, le
In~x'poreted by refere~me In this agreement Implemenfaiton of this program le · legal oldigaiton end failure to
(tuffy out ~ terma cheat be treated aa a violation of this agreement Upon nMiflcatlon to the reolplent of b failure
to aarry out ~ approved program, the Department may impose sanctions aa provided for under Part 26 and
may, In appropriate oases, rofor the matter for enforoement under 18 U S C 1001 end/or the Program Fraud
Civil Remedies A~ of 1986 (31 U S ¢ 3801)
Airport A~um~oaa (~/99) s~ Mo~r,~ (omo)
CURRENT FAA ADVISORY CIRCULARS FOR AlP/PFC PROJECTS upda~d
Th~ £olloua~g apply ~o b~h ~ ~ ~ ~oJ~
NUMBER
7~4~1J ~n M~f~ng ~ Ug~ng
1 ~5~13 ~n~ ~ AvslM~I~-RTCA I~, ~um~t RT~ 221 Gulda~
1 ~51~1~ ~uml. E~g ~ Renning Co~u~ 8~s for N;off GraN Pr~
1 ~5~, GHG 1 & 2 ~ ~ 8l~ ~ ~r~on.
1 ~5~ H~ard~s WIH~ ~ On ~ Ne~r
1~521~B ~, M~t~ I~ Ug~i~ of V~II UI~ on ~ Nrp~
1~52t~7B ~ ~e .~ Rede C~mun~tlo~
1~521~1~ W~ R~ue ~s, F~l~s, aM Eq~
N;~ Rede & ~eflg~ 8~ ~ildi~
1~621~19 ~s E~a~ ~on 8~ (DE~)
1 ~5220~B W~ 8u~y 8~ for ~mR F~e a~ Re~ue Pr~
1 ~5220 10B O~e 8~tl~ f~ Water/Foam Type Nmm~ Rede a~ F~eflg~ng Veh~
1 ~5220 I~B Ruby 8~;e Cond~ 8~or 8~ Gu~e
1 ~5220 t~B A~at~ Weber ~eeM~ 8~ ~t NonF~eml
1~5220 17A ~n 8~ndlr~ for Nr~ Rede F~ Truing F~l~t
1 ~52~ 18 ~t ~r 8t~ge ~d Usl~ene~ of N~O~ 8n~
1~5220-1~ ~Me 8p~l~ f~ 8~1, ~l~em ~aR Re~ue a~ Plr~l~ V~e~
1~5220-~. CHG I ~ 8n~ and ~ Co~ Eq~
1~5220-21A ~e 8p~ f~ LI~ U~d to ~srd NHine Pa.enge~ W~ ~blMy Im~l~
1~5~ 13. ~HG 1,2, 3, 4, 5 ~ Deign
1~5~-t4 ~n of ~r~aff D~ng F~ll~es
1~5~-1~ U~ ~f V~ue E~ineefl~ f~ Engineering Design of~o~
l~S~B ~ DraYage
1~5~D ~ Pav~ Dean I~ Evelu~on
1 ~53~t 20 Me~aur~, CoarSen, e~ Malnt~e~e of ~ Re.l~ ~o~ Pev~t
1~532~14 ~ L.~.pl~ for No~e Co~d Purpose
1 ~5~16 ~ Pav~e~ ~n f~ ~e Boe~g ~
1~5325~, CHG 1 R~y Leah R~ulrem~ ~ Nrp~
1 ~5~1G 8~nd~d. for ~o~
1 ~, CH~ 1 & 2 I~e~ ~e~t for Ruby C~eH~e To~n Z~e ~ng
1~6~B, CHG 1 ~gm~ed Cl~e ~p~ Me.er Sy~em
1~5~14B. CHG 1 & 2 E~y ~o~h ~ng ~
1 ~5~ 17B 8~n~y P~r for No~F~ N~ ~h~ Sy~ems
1~5~ 18C, Grig 1 8mndm~ ~r~¢ Sign 8~
1~5~ 18 T~y Ce~eHIne ~htlng
1~5~-2t ~ ~lan~us LIg~ing ~sual
1~5~-23B 8U~al W~ C~ll
1~6~-24, CHG 1 R~y ~d T.~y Edge ~g
1~5~27A ~4~ou~ R~lo CoWd ~ ~o~ ~ng
1~5~D 8~sU~ f~ L~I P~n~s for R~e Co~ol ~f N~o~ Llgh~ng
1~5~7D, CHG I 8~ f~ L~4 Underg;ound E~el Ca~e f~ Nrpo~ LIg~l~ CIr=u~s
t~5~1~G 8p~ ~ ~p~ I~ Heflp~ Beton
1~6~ 1~ 8p~ fM LMI Auxglaw Relay GablnM M~em~ f~ PilM Co~ol of
~ng
1~ 2OB, CHG 1 & 2 8p~ f~ L~3 Plug ~d R~e~e, Cable Conners
t~ 2TC 8p~atl~ f~Wl~ G~e
1~-2~D, OHG 1 Priori ~oa~ Path iM~ (P~l)
1~6~B, OHO t F~ 8~lon ~3, Ruby and Tax~y Ce~e~ne Retrorefl~e Marke~
1~5~20, OHO 1 8p~U~ f~ Nrp~ LIo~ ~ses, Trensfo~ H~ngs Ju~ Boxes
1~5~E 8~ for O~n ~ Equlpme~
1 ~5~F, CHG I 8p~ f~ Tsx~ey ~ Ruby
1 ~8~ ~elg~ ~ro~h ~ght 8~ure
1~5~ 8p~ for Runway end Tansy LIgM Figures
1 ~6~A I~=tlm Tmnsf~. for N~ L~ng
1~5~ 8p~ L~, Radio C~ol Equl~
1~5~, CHG 1 8p~m ~ ~erg~T~e ~eih~ Equl~eN
1~2 G~e~ ~1 GIMe~lope Ind~to~ (GVGI)
1~6~, O~d~ i~e~um) ~ ~ng E~[~e~ C~on Program
1~6~ ~ng ~ ~n of N~o~ T~nal F~iW~ at NonHub L~a~ons
1~t~ ~ ~ &
1~5~1~, OHO 1 ~ ~ ~n Ou~e~e for ~o~ T~lnal F~il~es
1~83~ O~ ~ogre~s a~ I~p~ Re~*N~o~ ~a~ Pr~ram
1~3~1~ CHG 1, 2, 3, 4 6, 6, 7, 8, 9 8~nd~ for 8p~ Cm~ of N~e
1~t 1, OHO 1 U~ ~ N~d~e Te~g ~ ~ ~e E~lu~on of N;o~ Pa~n~
1~1Z Qu~ ~ ~ ~ for ~ Or~
1~ H~ ~n
Akpe~ AMumnoee (B/99) State Modified (B/99) A-~
TxDOT Contract No.:0XIFA014
TxDOT Project No..DENTON 1
TxDOT CSJ No.:0018DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 01
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
Th~s supplemental agreement to the Professional Enganeenng Servaces Agreement as
made by and between the City of Denton, Texas, hereinafter called the "Sponsor," actang by and
through the Texas Department of Transportataon, hereinafter called the "Agent" and Carter &
Burgess, Inc, hereinafter called the Engineer
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engmeedng/desagn servaces at the Denton Munmapal Aarport, hereto called the "Project"
Seetlun 5 - Payments to the Engineer, hmats the maximum amount payable under the
agreement w~thout modfficatlon of the agreement to $110,400 00
It has become necessary to amend the agreement for addatlonal surveying dunng desagn
The Sponsor and the Engineer agree m consaderat~on of their mutual promases that smd
agreement ~s amended as follows
A Add Addltaonal Servaces as authorized m Section 4-Addational Serwces as follows
Add addatlonal smveymg for desagn of a hehpad and an apron overlay not ancluded an the
original scope of work for a fee of $2,500 00
B Amend Section 5 - Payments to the Engineer as follows
Change Section 5 4 1 Payment to Engineer to The maxamum amount allowable for
payment under the Professional Englneenng Serrates Agreement is $112,900 00
All other terms and conditions of the agreement are unchanged and remain ~n full force
and effect
Page 1 of 3
iN WITNESS WHEREOF, the Sponsor and the Engineer have executed tripheate
counterparts of thru Supplemental Agreement
ENGINEER
Name Fred H Evans T~tle Carter & Bur.cjess, Inc
(Prim or type) (Name of F~rm)
777 Main Street Fort Worth. Texa~ 761r}~ ..
(Address) (C~ty, State, Zlp)
THE STATE OF TEXAS
COUNTY OF Tarrant
Before me, the undersigned authority, on this day personally appeared Fred H Evans
, known to me to be the Engineer named ~n th~s contract, or the Engineer's
~uthonzed representative, and as the person whose name as subscribed to the foregoing
~nstrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration thereto expressed
Given under my hand and seal of office thl~ day oft/~/b.~.; ,A D 2001
Notary P~bhc, State of Texas
Gayle R Scott
(Pnnted or typed name)
My Commlsslonexplres 11-12-2003
Page 2 of 3
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, estabhshed pohc~es or work
programs heretofore approved and authorized by the Texas Transportation Comm~ssaon
Karon Wledemafln Director Grant Managemenl
Aviation Olv~smn
Texas Department of lransportabon
Page 3 of 3
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT Contract No 0XXFA014
TxDOT Pro3ect No AP DENTON
TxDOT CSJNo 0018DNTON
Amendment No 01 to the Agreement
Part I - Identfficat~on of the ProJect
TO The City of Denton, Texas
FROM The State of Texas, acting through the Texas Department of Transportatton
The City Of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas
Department of Transportatton, hereinafter referred to as the "State," have entered into an A~rport
ProJect Participation Agreement TxDOT CSJ Number 0018DNTON, executed by the Sponsor on
May 16, 2000, and by the State on May 25, 2000, for the development of the Denton Muntcipal
Atrport, herelna~er referred to as the "A~rport"
The project is described as follows engmeenng/destgn services to rehaMitate and mark
Runway 17-35, reconstruct partial parallel tardway, rehabthtate and mark parallel and stub
tardways to Runway 17-35, rehabilitate and mark hanger access tardways, ~nstall MITL and edge
reflectors, rehabdttate apron, construct hehpad, upgrade Runway slgnage, and install security
fenctng at the Denton Municipal Pdrport
It Is m the mutual interest of the Sponsor and the State to increase the agreement by
$2,500 for additional surveying
Part II - Offer of Financial Assistance, esttmates total project costs to be $110,400 00, and
financial assistance Is currently hrmted to $99,360 00 in federal funds and $11,040 00 in local
sponsor funds,
The followtng amendment to the A~rport Project Partlctpatton Agreement shall become
effecttve upon executton ofthts Amendment by the Sponsor and the State
The A~rport Project Parttcipatton Agreement ns amended as follows
1 On Part II, Item No 2 of the Agreement, change Amount A, estimated total destgn costs,
and any further references m the Agreement to Amount A, to $112,900 00
Page 1 of 3
2 On Part II, Item No 2 of the Agreement, change Amount B, estimated design costs
eligible for federal financial assistance, and any further references in the Agreement to Amount B,
to $112,900 00
3 On Part II, Item 4 of the Agreement, change Amount D, Sponsor's share of the estimated
design costs, and any further references in the Agreement to Amount D, to $11,290 00
4 Add On Part II, Item 2 of the Agreement, Amount E, the maximum obhgat~on of the
United States payable under this offer, and any further references in the Agreement to Amount E,
to $101,610 00
All other terms and conditions of the agreement are unchanged and remain in full force
and effect
This Amendment to the 3arport ProJect Participation Agreement between the C~ty of
Denton, Texas, and the Texas Department of Transportation ~s mutually agreed to and accepted
Executed this ~:aPZ~ day of ~ ,
2001
The C~ty of Denton, Texas Sponsor
~/ ' W~{ness~Ignature SponsorS~gnature ~/
X~n;ss Tltie (~// Sponso~i~ltle
^PPROVIjD AS TO FORi¥1 ~"
Page 2 of 3
Execution by the State
Executed by and approved for the Texas Transportatmn Comm~ssmn for the purpose and effect of
activating and/or carrying out the orders, estabhshed pohcles or work programs and grants
heretofore approved and authorized by the Texas Transportatton Comm~ssmn
STATE OF TEXAS
ARTMENT OF TRANSPORTATION
Dawd S Fulton, D~rector
Awat~on D~ws~on
Texas Department of Transportation
Page 3 of 3
TxDOT Contract No.:2X1AV028
TxDOT Project No.: AP DENTON 2
TxDOT CSJ No..0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 02
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is made by
and between the City of Denton, Texas, hereinai~er called the *'Sponsor," acting by and through
the Texas Department of Transportation, hereinafter called the Agent, and Carter & Burgess,
Inc, hereinafter called the "Engineer"
The Sponsor and the Engineer executed an agreement on May 30, 2000 for engineenng/desIgn
services, executed Supplemental Agreement No 01 on April 30, 2001 for additional surveying at
the Denton Municipal Airport, harem called the "Project"
Section B-5 4 1 -Payments to the Engineer, of the Professional Engineering Services Agreement,
limits the maximum amount payable under the agreement to $112,900 00
It has become necessary to amend the agreement to provide additional engineenng services for
the Consffuctlon and Closeout Phase, Resident Project Representative Services and Materials
and Testing Laboratory Serwces dunng construction
The Sponsor and the Engineer agree in consideration of their mutual promises that sa~d
agreement is amended as follows
A Add Additional Services to Section 1 - Scope of Services as follows
1 3 Add additional engineering services for the construction and closeout phases in
accordance wtth Exhthit A, "Additional Services to be Provided by the Engineer," attached
hereto and made a part ofthzs supplemental Agreement and to be paid as listed below
Phase I Fee by Phase I Work Schedule
[ Construction Phase $20,700 00 As needed
[ Close Out Phase $ 6,900 00 45 calendar days
1 4 The Engineer shall furmsh a Resident Project Representative, hereinafter called the
"RPR," to assist the Engmeer in observing the performance of the work of the Con~ractor
Services of the RPR shall be in accordance with Exhibit B, "Duties, Responsihilmes and
Limitations of Authority of the Resident Project Representative" attached hereto and made a part
(Revised 4/10101)
Page I of 4
of th~s Supplemental Agreement
1 4 1 The person(s) desagnated by the Engineer to perform the servmes of the RPR shall be
approved in wntmg by the Agent
1 5 The Engmeer shall contract wath an independent materials and temng laboratory,
hereinafter called the "Laboratory" for the purpose of quahty control of the work of the
Contractor The servmes provaded shall be an accordance wath Exlubat C, "Materials Testing
Laboratory Services" attached hereto and made a part of tins Supplemental Agreement
B Add to Sectt0n 5-Payments to the g.n?neer as follows
5 1 1 3 The Agent shall pay Engineer for services of the RPR fumashed under paragraph A 1 at
the rate of $40 00 per hour or any pomon thereof Also allowed wall be five (5) trips at the rate
of $436 00 per trap not to exceed $2,180 00 Such payment shall anclude all darect salary costs,
~ndarect salary costs, fringe benefits, overhead, travel and subsastence, telephone and postage,
field office expenses, printing and reproductaon costs, any other payroll costs and profit
5 1 1 4 If it becomes apparent to the Engineer at any tame before servmes to be rendered under
paragraph 5 1 1 3 have been about eaghty percent completed that the total mount of
compensation to be prod to the Engmeer on account of RPR services wall exceed $45,820 00
(Amount A), Engineer shall g~ve Agent written not,ce Promptly thereafter Agent and Engineer
shall revaew the matter of compensataon for RPR servaces, and esther the Agent shall authorize
the Engineer to provade add~taonal RPR services, or the Agent and Enganeer shall agree to a
reduction m the remmmng services to be rendered so that the total compensation for such RPR
servaces wall not exceed Amount A when such services are completed
5 1 1 5 Should the total cost of RPR servaces exceed Amount A, the Engineer shall be
compensated for any add~taonal R.PR services, anthonzed by the Agent m excess of Amount A, at
an hourly rate agreed upon between the Agent and Enganeer The payment for additional RPR
servaees shall include the costs to the Engmeer described m Paragraph 5 1 1 3
5 1 1 6 The Agent shall pay Engmeer a lump sum fee of $37,286 00 for the servmes of the
Laboratory furnished under paragraph 1 4 at the rates prowded an Exinb~t D, "Schedule of
Materials Testing Costs" attached hereto and made a part °f tins Supplemental Agreement Such
payment shall include all costs to the Engmeer and Laboratory including darect salary costs,
md~rect salary costs, fnnge benefits, overhead, travel and subsastence, pnntmg and reproduetaon
costs, telephone and postage, materials and eqmpment, any other payroll costs and profit Should
condattons mdlcate the need for test not atemlzed m Exhlbat D, such test may be conducted,
promded that both the Agent and the Engineer agree as to thear need and cost m advance
(Revised 4/10/0D Page 2 of 4
C Amend Attachment G - Historically Undemtthzed Business
Amend Project Participation Goal and Good Froth Effort from subcontract 13% if the
total dollar value of the prime contract to 16 % of the total dollar value of the prime contract
D Amend Sectton 5-Payments to g. nmneer as follows
Change Section 5 4 1 to The maximum mount allowable for payment under the
Professional Engineering Services Agreement is $225,886 00
All other terms and conditions of the agreement are unchanged and remain in full force and
effect
1N WITNESS WHEREOF, the Sponsor and the Engineer have executed trlphcate counterparts of
this Supplemental Agreement
ENGINEER
-- (Pnnt of Type)
Ad&ess ~77 ~,~ Y~*~ Date /g-g7~[
(Revised 4/10/01)
Page 3 of 4
THE STATE OF TEXAS
COUNTY O~ /~Z,~'Z' ~-~
Before me, the undersigned authonty, on this day personally appeared /~,~-~9 ~--~,q/~L~,
known to me to be the Engineer named in th~s contract, or the Engineer's authorized
representative, and is the person whose name ~s subscribed to the foregmng instrument and
acknowledged to me that he/she has authority to execute and has executed the same for the
purposes and eonmderatmn therein expressed
Given under my hand and seal of office thas ~,7~ day of~ C , A D 2001
~'~ GAYLER SCO~-]' [~
-~ ~ Notary Public
~ ~ M, co,,,m Ex,~111212003j My Comm, ss,on expires //'~' ~
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of aeUvatmg and/or earcymg out the orders, estabhshed pohc~es or work
programs heretofore approved and anthonzed by the Texas Transportataon Commlsmon
David S Fulton, D~rector
Avmtlon D~vtslon
Texas Department of Transportation
(Revised 4110101)
Page 4 of 4
EXHIBIT A
ADDITIONAL SERVICES TO BE PROVIDED BY THE ENGINEER
TXDOT CSJ NO.: 0218DNTON
After written authorization to proceed w~th the Construction Phase, Engineer shall
1 Conduct a preconstruct~on conference wath representatives of the Agent, the
Sponsor, the contractor(s) and other interested partaes The Engineer shall prepare and dxstnbute
a record of the preconstmction conference to the attendees For projects revolving the placement
of HMAC, the engineers shall furmsh the contractor an agenda or checklist of items wluch will
be addressed dunng the pre-pavmg conference
2 Conduct a meeting w~th mrport users, and the contractor to explain the
construction project, delineate lines of authority, and rewew the construction Phasing and Safety
Plan
3 Perform the necessary field surveys for estabhshlng horizontal and vertical
controls for the use of the contractor(s) during the performance of the constructxon
4 Make visits to the site at intervals appropriate to the various stages of construction
as Engineer deems necessary m order to observe as an experienced and qualified design
professional the progress and quality of the various aspects of the Contractor (s) work Based on
mformatlon obtained dunng such visxts and on such observations, Engineer shall endeavor to
detenmnate m general if such work is proceeding in accordance wxth the Contract Documents
and Engineer shall keep Agent informed of the progress of the work The Engineer shall
endeavor to protect the Agent and Sponsor agmnst defects and deficiencies xn the work of the
contractor(s), however, it is understood that the Engineer cannot guarantee the performance of
the contractor, nor ~s the Engineer responsible for the actual supervision of the construction
operations or for any safety measures the contractor(s) takes or should take
5 Consult w~th and advise the Agent, issue all instructions to the contractor(s) as
may be requested by the Agent and prepare change orders and provide necessary documentation
for supplemental agreements as reqmred
6 Conduct a pre-paving meeting prior to the test strip, which ~nvolves the
contractor, RPR and testing lab, and which clarifies all paving specification requ~remants and
procedures
7 Review (a) samples, (b) catalog data, (c) schedules, (d) shop drawings, (e)
laboratory, shop, and mxll tests of materials and equipment, and, other data submitted by the
contractor Such reviews wall be only for conformance wath the design concept of the ProJect
and compliance with the mformatxon given m the contract documents The Engineer shall
provide one copy of the documents wtth review comments to the Agent
A-I
8 Prepare and/or verify any periodic and final estimates for payments to the
contractor(s), and furnish the Agent vath any necessary certifications as to payments to
contractors and suppliers
9 Conduct, m the company of the Agent and the Sponsor, a final ~nspect~on of the
Project for conformance w~th the design concept of the Project and compliance w~th the contract
documents, and approve, m writing, final acceptance of the project The Engineer shall prepare
and distribute copies of the findings to the Agent, the Sponsor and the Contractor
Dunng the Closeont Phase, Engineer Shall
1 Pmxude Agent w~th a final test and quality control report documenting the results
of all tests performed, inghhghtmg those tests that fmled or did not meet the applicable test
standard and the actions(s) taken The report shall include any pay reductaon applied and reasons
for accepting any out of tolerance material
2 Prepare and submit to the Agent one set of reproducible record drawings on Mylar
of 4 mil minimum tluckness and 3 sets of pnnts showing those changes made dunng the
constmctson process based on the marked-up pnnts, drawings and other data furmshed by
contractor(s) to Engineer and winch Engineer considers significant
3 Update the existing Airport Layout Plan (ALP) as necessary to indicate items
completed dunng construction Field venficatton of runway end coordinates and elevations are
reqmred if they have been altered dunng construction Transfer the updated eximng ALP to a
computer atded design and drafting (CAI)D) format as dxrected by Agent The Engineer shall
furmsh the Agent vath three O) review copies, and upon approval, one reproducible Mylar of
minimum 4 mil th~cknass and fifteen (15) copies of the ALP and one set of computer diskettes of
a type d~rected by the Agent contatmng a CADD copy of the ALP If aerial photography ~s
necessary for the ALP update, the Engineer shall furnish the Agent vath one copy of aerial
photographs
4 Furnish Agent with 3 bound copy(les) of all approved catalog cuts,
warranties, maintenance data, parts lists, and names of eqmpment and materials suppliers
5 Conduct an inspection of the ProJect prior to the expiration of any warranty period
and advise the Agent of any recommended action to be taken under the terms of any warranty
6 Engineer shall submit only one pay request for closeout phase upon completion of
all tasks associated w~th closeout
A-2
EXHIBIT B
DUTIES, RESPONSIBILITIES AND LIMITATIONS
OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
TxDOT CSJ No.. 0218DNTON
A General
The Resident ProJect Representative 0tPR), as the Engineer's agent, will act as directed by and
under the supervision of the Engineer, and roll confer with the Engineer regarding RPR's actions
The Resident ProJect Representative's dealings in matters pertmmng to the on-site work shall in
general be with the Engineer, Agent's Construction Manager and Contractor, keeping the Sponsor
advised as necessary Dealings with the subcontractors shall only be through or w~th the full
knowledge of the Contractor
B Duties and Resoonsibllmes
Resident Project Representative wxll
1 Conferences Attend preconstmction conference Arrange and conduct a
schedule of progress/coordination meetings and other job conferences as required in consultation
w~th the Engineer and notafy in advance the Agent's Construction Manager, Sponsor's
Representative, Contractor and others that will be expected to attend Record, mmntmn and
circulate copies of minutes to all attendees
2 Schedules Rewew the progress schedule, schedule of submittals and schedule of
values prepared by the Contractor and consult with the Engineer concerning their acceptability
3, Llmson
a Serve as the Engineer's hmson w~th the contractor supenntendent and
assist the supenntendent in understanding the intent of the Contract Documents Assist the
Engineer in serving as the Sponsor's hoason w~th the Contractor when the Contractor's operations
affect the Sponsor's on-site operations
b As requested by the Engineer, assist m obtmmng from the Agent's
Constmctaon Manager additional detmls or reformation, when requested at the job site for proper
execution of the work
4 Submittals
a Receive and record date of receipt of all required Submittals, receive all
samples wtuch are furmshed at the site by the Contractor, and notify the Engineer of thexr
avmlabfllty for exanunatlon
Bol
b Advise the Engineer and Contractor prior to the commencement of any
work reqmnng a Submittal that has not yet been approved by the Engineer
5 Review of Work, ReJection of Defective Work, Inspection and Tests
a Conduct on-site observations of the work in progress to assist the Engineer
in determlmng if the work is proceeding on schedule and m accordance w~th the Contract
Documents and whether completed work will conform to same
b Report immediately to the Engineer and Agent's Construction Manager
whenever the RPR believes that any work is unsatisfactory, faulty or defective or does not
conform to the Contract Documents, or does not meet the requirements of any inspections, tests
or approval required to be made or that has been damaged prior to final acceptance, promptly
advise the Engineer and Agent's ConsUuction Manager when the RPR believes work should be
corrected or rejected or should be uncovered for observation, or reqmres special testing,
inspection or approval
c Verify that tests, eqmpment and systems startups and
operating/maintenance procedures are conducted as required by the Contract Documents and in
the presence of the reqmred personnel, and that the Contractor mmntains adequate records
thereof, observe, record (in the Daily Diary) and report to the Engineer and Agent's Construction
Manager appropriate dermis relative to the test procedures and startups
d Accompany visitors representing pubhc and other agencies hawng
jurisdiction over the Pro. lect, record On the Daily Diary) the outcome of these inspections
6 Interpretation of Contract Documents Transmit to Contractor the Engineer's
clarification and interpretations of the Contract Documents
7 Modifications Consider and evaluate Contractor's suggestions for modifications
m Drawings or Specfficatlons and report them with recommendations to the Engineer and
Agent's Construction Manager
8 Records
a Mamtain at the job site orderly files for correspondence, reports of job
conferences, Submittals and sample submissions, reproductions of original Contract Documents
including all addenda, change orders, field orders, additional Drawings issued subsequent to the
execution of the Contract Documents, Daily Progress Reports, test reports and other project
related documents
b Keep a Dmly Diary, recording hours on job site (include RPR's), weather
conditions, work force, equipment in use and idle, data relative to questions of extras or
deductions, list of visitors, daily activities, decisions, observations in general and specific
B-2
observations in more detail as m the case of observing test procedures Send copies to the
Engineer and Agent's Construction Manager on a weekly basas
c Mamtmn on a current basis a set of project drawangs marked to show the
work as actually constructed and assist the Engineer ~n the preparataon of Record Drawings from
the information on these marked drawings
d Record names, addresses and telephone numbers of all Contractors,
subcontractors, testang laboratories and major supphers of materials and equipment
9 Report
a Furmsh weekly constmctaon reports to the Engineer and Agent's
Constmctton Manager m the form of cop~es from the Daily D~ary (provided by Agent) on a
weekly bas~s
b Notafy the Engineer and Agent's Constmctaon Manager of defic~enmes ~n
the Contractor's comphance vath the approved progress schedule and/or schedule of Submittals
c Consult wath the Engineer and apprise the Agent's Construction Manager
an advance of scheduled major tests, inspection or start of tmportant phases of the work
d Report tmmedmtely to the Engineer and Agent upon the occurrence of any
accident
e Report ammedmtely to the Enganeer and Agent's Constructaon Manager
any tests or mspectaons not m comphance wath the Contract Documents
10 Payment Requests Rewew and approve Contractor pay requests for comphance
Forward them w~th recommendataons to TxDOT and copy to the Engineer, noting particularly
quantat~es, work completed, and materials and eqmpment dehvered at the sate but not
incorporated ~n the work
11 Wage Rates Rewew the Contractor's certafied payroll and determine whether the
Contractor ~s compansatmg employees an accordance w~th the wage rates contmned an the
Contract Documents and stated m the cemfied payroll Submit cemfied payroll to Agent w~th
weekly eonstmctaon reports
12 Submittals of Certtfieates, Maintenance and Operatmn Manuals During the
course of the work, verify that eertaficates, maintenance and operation manuals and other
Submattal data reqmred to be assembled and furmshed by the Contractor are apphcable to the
atems actually mstalled, and dehver thts material to Engineer for h~s revtew and forwarding to the
Agent prior to final acceptance of the work
B-3
13 Completion Conduct the final (or partial if applicable) construction inspection an
accordance with Section 50 in the general provisions of the project specifications, in the
company of the Engineer, Agent, Sponsor, Contractor and other interested parties and prepare a
last of all items to be completed or corrected
C l,~mltations of Authority.
Except upon wnttan instructions from the Engineer and with the Agent's concurrence, the
Resident Project Representative
1 Shall not anthonze any deviation from the Contract Documents or approve any
substitute materials or eqmpment
2 Shall not exceed limitations on the Engineer's authority as set forth in the Contract
Documents
3 Shall not undertake any of the responslbditles of Contractor, subcontractors or
Contractor's supenntendent, or expedite the work
4 Shall not advise on or issue directions relative to any aspect of the means,
methods, techniques, sequences or procedures of construction unless such is specifically called
for m the Contract Documents
5 Shall not advise on or issue directions as to safety precautions and programs m
connection with the work
6 Shall not anthonze the Sponsor to occupy the Project m whole or in part
7 Shall not participate m specialized field or laboratory tests
B-4
EXHIBIT C
MATERIALS TESTING LABORATORY SERVICES
TxDOT CSJ No.: 0218DNTON
1 The Engineer shall submit, in writing, the name of the Laboratory for the Project to the
Agent for approval
2 The servmes of the Laboratory shall be performed in accordance wath the basic
requirements of ASTM E 329, "Recommended Practice for Inspection and Testing Agencies,"
ASTM C 1077, Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for
Use in Construction and Criteria for Laboratory Evaluation, and ASTM D 3666, Standard
Practice for Evaluating and Qualifjang Agencies Testing and Inspecting Bituminous Paving
Materials as published by the American Society of Testmg Materials
3 The Engineer shall promptly submit to the Agent formal reports from the Laboratory of
all tests and inspections mdmatang, where applicable, compliance with the Project Specifications
or other contract documents Such reports shall be complete and factual, citing the tests
performed, methods employed, values obtamed, project area involved, and other pertinent data
These reports shall be signed by a registered professional engineer w~th expertise m the area for
which the report is made The reports shall be distributed only as specifically designated by the
Agent
4 The Laboratory is not authorized to revoke, alter, relax, enlarge or release any
requirements of the project spemfieataons or other contract documents or to approve or accept
any portion of the work The Laboratory does not have the right of rejection or the right to stop
the work, except for such reasonable periods as may be required to conduct the sampling, testing
or inspection operations
5 The Laboratory shall report immediately to the Engineer or Resident Project
Representatave, any materials tested or inspected winch do not comply w~th the project
requirements The Engineer shall then, within the same working day, notafy the Agent's
Construction Manager
6 The Laboratory or its representative shall not act as foreman or perform other duties for
the Contractor
7 Quality control testing shall be in accordance with the approved Construction
Management Program (Testang Plan)
(Revised 10/20/00) C-1
EXHIBIT D
SCHEDULE OF MATERIALS TESTING COSTS
TxDOT CSJ No.: 0218DNTON
D-I
Laboratorle
Co0MbtIIon Ind R~bw 8 ~s S 8~ 00 S 680 00
Item P-ISI ExcavM~a s~d Rmbinkmen~ 2 sa S I~0 ~ S 300 00
~oJs~o D~l~ Rcla~onshJp (A~TM D 69S) 2 cs S 4~ 00 S 90 00
Atu~mL~i~ 2~ S SO00 S I~
Sievo~yiJs&Cl~sifloa~on 19 ea S 12~ S 228~
~.~eNucl~O~lgel(ASlMOlg12) 19 ~ S J0~ S 190~
W~ Center (AS~ D-~017) 2~ S 3S~ S 70~
~-p~ S~d Cone ~sJti~ (A~ D-I~6) ~a S S
5~~ S~ & ~ade (M ~ ~ b~ ~R) 2ca S 43~63 S B7126
Tgp C~S~ 2~ S 3~00 ~ 7000
T~T~e Su~ToIll- S 1,9t9 26
Item F-ISS Lime Treated Sub.de (19, 463 SY ~ 8")
Jo. S 150~ S 15000
Mois~or~JtY Rel~iom~p (A$~ D-698) } ca $ 4~ O0 S 45 00
A~t~S LIm~ Ioa S ~0 00 S ~0 00
SieveA~aJ~u 3 ~ S ~00 S 10~
~.Pl~e S~d Cone ~noi~es (AS~ ~1~S6) 18 ca s 12 oo S 326 ~
~PI~e Nucl~ D~lUes 28 ~ S l0 ~ S 280 ~
WUq~ Cont~t (AS~ D-301~
Sm~3 ~o ~ p~fo~ed by ~e ~R) 6lea $ 10~ S 620~
~i~s 28 ea S 3S O0 S 980 ~
;teld ~da~on Iea S 43~ 63 S 435 63
rnp Chu~ I ~ S IS 00 S 3~ 00
T~ T~e Su~om~ S 3,036 63
Item P-20~ C~uhd Aslre~te Bs~ Coene (S,l=6 SY ~ 12", J2,~3 SY ~ ~3" · 2,740 SY ~ 6'9
Pla~ or Klonsatea P~cles 2. S 22s ~ S ~S0 ~
pe~nmse of W~ 2 ~ S 29~ ~ $ 5~0 00
S~t~ 3~hte Soun~ L~ 2 ea S 50 ~ S 100 00
Sieve ~zs 2 es S 45 00 S 90 O0
Attor~rS L~s~ 2 ~ S 45 00 $ 9000
b~d~qmv~en~ 2 ~ S 15000 S 30000
Mmat~o D~l~y C~t (ASTM D 698) 36 ea $ 12 00 S 432 ~
In. PtaceNuole~Demttio~ 36 ~ $ 10~ S 3~00
Wate~ Conill ~TM D-3019)
5m~us & O~do (To be pinfold bY ~ ~R) 36~ S 15~ S 540~
~Jo~sS 2 ea S 435 63 S 871 26
Trip C~su 2 ~s S 3~ 00 S 70 00
T~ Time Sa~To~ S 3,983 26
D~q~q MuNdpal
1380~ Dragllne Drive Auetln, TX 78728
(512) 251-4454 Fax (512) 251-1380 ·
B~I~ for Co~t E~tlm~
Engineering co..~,o. ~.~.1. Te.tlng
bora. rl..
t~01 Bltuml~oul S~fficc Coum
A Tut See~. I H~ S 90 O0 S 90 O0
Stabd~ty ~4 Flow Iea S 40 00 S 40 00
M~ S~c~fic Gravity I zen S 30 00 S 30
A~vmds ~ Jot S 75~ S 75
v~ 2. S ~60 ~ S 320 oo
Mat ~ Jolt ~nsm~ ~ ~s S K5 00 S 680 00
M~ed~s~fl~ ] ~ S 43563 S 43563
Trip Ch~8~ Su~Tota~ S 1,760 63
Fr~ue~n Mix Acceptance Tesflu~ 36 se~ S 90 00 $ 3,240 00
S1ablli~ ~d F~ow 36 ea S 40 00 S 1,440 00
M~ S~c[~c O~vt~y 36 sen $ 30 00 $ 1,0&0 00
AbVolds 36~ $ ~500 $ 54000
~o~ ~ttl~ T2 ~ $ ~ 00 $ 360
~o~o 9 ~ots $ 160 00 S 1,440 00
Bx~oUo~on & As~t Con.at ~a S S
5m~ (to be pzrfo~ed or vmfled by RPR) ~a S S
Gra~a(tohe~fo~edor~rlfledbY~R) 2 u S 43563 S 871 26
T~PChaSes 8~ S 8~ S 680~
Mat~s En~ 10 days S 80 00 S 800 00
p~ D~em Su~TotnJ= S 10,991 26
XtemF~10 $t~eturAt~o~hadCemeMConcre~ 6ca S 1500 $ 9000
Con~ CyJmd~ C~pr~lve S~th 2 e. S S
Sl~p 2 ~ S
AIrConam 1 ~ S 43~63 S 43563
TripCh~sfl(Pi~'upeyllndm) I ~ S 3~ S
Tach Time ~JeK.up c~n~m) Su~Tots~ S
P~26 Emub~ Asphall Slu~ Sell Treatment (152,037 $Y)
~mubma T~UnS I ca S 7~ ~ S 7~ 00
Absolute VJs~sJty Iea S 55 00 S
Pmic~o Ch~Se J en $ 3~ 00 S ~5 00
~°m~tMtxmsT~t J es $ 13500 S
R~ta~ By Dtltill~on I es S 70 00 S 70 00
p~e~i~ I os S 95 00 S 9~ O0
~ctdtty 2 ~ $ 165 00 S 33000
Oradau~ & Ex.etlon I ~ S 50 O0 S 50 O0
Sm~ An~ I ~ S 35 ~ S 35
Trip Ch~
Oanton MunleyulA~rpa~
13806 Dragllne Drive Austin, TX 78728
(512) 251.4454. Fax (512) 251.1380 ·
Bi.ia for C~t
Engineering
Laboratorle
[it~at~ Costs
Froductlou
~m~lo~ T~unS ( t ~ 2~,~0 aY) 6e~ S 7~00 S 45000
Absolute ViacOStW
P~I~c C~Sa 6~ S 3S~ S 2t0~
Sieve T~t 6 ea S 6~ ~ $ ]90 00
Cem~tMJx~Te~ 6 ea S 13~00 S 81000
Residue By DbdJlmon 6 ~a S T0 00 S d20 00
Per.ton 6
O~da~onaB~U~, O~r~,00Osy) 5es $ ~0~ $ 2~0~
S~o An~ts
Trip C~ su~To~ $ t0,396 26
BASE BID Total Lump Sum Foe = { S $4rSSg, 19J
Dmcripdon Quantity UuJt Cost. nit Total
P.626 Emublfled Asphalt Slurry Seal Treatmeol (3 ~o S~
f~uetlon
~ulsl~T~t~S(j~2~'0~sy) ; ca S 7~00 S 7500
A~oimeVIs~lly I ~ S 5500 S ~500
P~t~le~S~ I ~ $ 3500 $
5i~eT~t I ~ S 65 ~ S
C~IMIxmBT~ I ~ S 13~ S 135~
R~duo By D~tilla~ I ~ S 70 ~ S 70
p~euahon 1 ca S 95 00 S 9~ 00
D~ltiky J ea S 16~00 S 16500
9~M An~ysls I ~ S 35 00 S 3~ 00
Te~ Ttmo 1~ S 43563 S {3~63
Trw ~8" ~u~ToIs~ S 1,165 63
BASE BID + ALTERNATE ff I Total Lump Sum Fee - ~ 3577~ 82 ]
page 3 of 6
Defltan Munie{pa{
13806 Dragl~e Drive. Austin, TX 78728
(512) 251-4454 Fax (512) g$1-1380 ·
Engineering
Laboratorl' /
~ltl~lted ~o~
D..~ptton
y~6 Emubifled Asphalt Siur~ Seal Tru~ent (3 ~8 S~
~Uct~n
~mulsl~T~t~(I ~r25~sy) 0 ~ S 7~00 S
A~lu~ wsc.ity 0 ee S ~ ® $
p~o~o Ch~e 0 ee S ~5 00 S
Sieve T~t 0~ S 6500
Cem~t~m~T~ 0 ea S 135 ~ S
~osid~ By Dmdleflon 0 c~ S T0 ~ S
p~e~ecton 0 cs S 95 00 S
Ouctlll~ I ~ S 16~ S 16~
~redeuon&H~on, (J ~S,0~sy) 0 ea ~ 50~ S
51~e An~is 0 ~ $ 35 00 S
TeohTJmo 0 o~ S 435 63 $
Trip Ch~$~ 0 ~ S 80 ~ $
Per Diem Su~Totm~ S
BASE BID ~ ALTERNATg ~ I i ~ 2. Totll Lump Sum ~ee ~
~mat~
Quantity Unit Co,~ Total
~escrl~fo.
~26 Emub~d Asphalt SI.rr~ S~I T~enl (2 ~8 8~
~mullJonTfl~ (I ~25,~0 Sy) 0 eu S 75 00 S
Absolute V~s~ 0 ~ $ ~5 O0 S
P~tole Ch~Be 0 ~ $ 35 O0 $
Sieve Tes~ 0~ S 6~ S
C~ent MJxJnST~t O~ S 135~ $
Residue By Oz~tdla~on 0 ca S 70 ~ S
p~o~on 0 ca S 95 00 $
Duouhty iea S 165 00 S 16~ 00
O~demn & ~t~ton, (t ~ 5,0~Y) Oea S 5000
Steve ~ys~ 0 ~s S 3~ 00 S
T~T~e 0 on S 43~ 63
T~C~ 0 ea S S000 $
P~ Dl~ Su~Tota~ $ 165 00
BASE BiD ~ A~NATE ~ 1, ~ 2 a ~3 ToMI Lump Sum Fee' [$
ALTERNATE # 4 No Testing Required
ALTE~.NATE # -~ No Testlug Required
ALTE]~NATE # 0 No Testing Required
13806 Oragllne Drive Austin. TX 78726
(512) 251-4454. Fax (512) 251-1380 ·
~R ~ Denton Munl01pal Airport
odriguez Dnnton, 'rexao
Bills for Coat Entinmto
Engineering [ =on. 0Bo. Mm,.in T.U.B
E,tlmeted Coet~
Qunntfi~ ~nl! Cost/U=~t Total
Item !'.~01 Port¼nd Cement Concrete pavement
Sea S ~00 S 20000
~exursd Strength 4 ca S S
Slump 4 oa $ $
Air Co~tem 4 eu $ $
Smomhum & Grade (to bo verified by RPR) n/u S $
Thiek~e~s
Dowel Bmr AbEt, meal (to be verified by RI'R)
Trip Chases (PJok-up beam~) I ca S 435 63 S 435 63
Ted~Tlmo(Plokupbe~ms) I I~s S 3500 S 3500
5nb. TotaF' S 6'/0 63
Item P-~10 Structural Porlland Cement Conorcte
Concrete Cylinder Compressive St~ngth 6 e~ $ ] 5 00 S 90 00
2 on S $
Slurop 2 ea S S
Air CoG~om
Trip ChnfSe~ (P~ck-up cylinders) J CB S 435 63 S 435 63
TeobT~mo(1'~ok..upcylinder$) I hl~ S 3500 $ 3500
Sub-Total- $ 560 63
BASE BID + ALTE]PaNATE # I thru #7. Total Lump Sum Fee
ALTr-gNATF # S No Testin$ Required
BASK BID .e ALTERNATE. # I thru #8 Total Lump Sum Fee =
NO'lB Price valid when RPR does construction materials testing and construction JnspecUon, for
concrete, base a~d subbese, We wdl send a second person for the HMAC testing
~8~a~L~, Austin, TX 78738
(S13) 3Sl-4454 Fax (513) 351-1380 ·
Txl)OT Contract No.:2X1AV028
TxDOT Project No.: AP DENTON 2
TxDOT CSJ No.:0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 03
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, Texas, hereinafter called the "Sponsor," acting by and
through the Texas Department of Transportation, hereinafter called the Agent, and Carter &
Burgess, Inc., hereinafter called the "Engineer."
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engineering/design services; executed Supplemental Agreement No. 01 on April 30, 2001 for
additional surveying and executed Supplemental Agreement No. 02 on January 18, 2002 for the
construction phase at the Denton Municipal Airport, herein called the "Project."
Section 5 - Payments to the Engineer, limits the maximum mount payable under the
agreement without modification of the agreement to $225,786.00.
It has become necessary to amend the agreement for additional Engineering services
during construction.
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows:
A. Add Additional Services as authorized in Section 4-Additional Services as follows:
Add additional engineering services during construction to investigate the use of alternate
materials for the slurry seal for a fee of $1,760.00.
Amend Section 5 - Payments to the Engineer as follows:
Change Section 5.4.1. Payment to Engineer to: The maximum amount allowable for
payment under the Professional Engineering Services Agreement is $227,546.00.
All other terms and conditions of the agreement are unchanged and remain in full force
Page 1 of 3
and effect.
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement.
ENGINEER
Name: L. ~&pv'~tt ~o~.~,,c- Title: ~-~Pe.~ g ~f~, ~
~t or ~e) ~e of Fi~)
(Ad~ss) (Ci~, Stm~, Z~p)
THE STATE OF TEXAS
COUNTYOF .~c~.~-,-~. ~-
Before me:the under-signed authority, on this day personally appeared ~.k~j~
'tX~.-a~n~ known to me to be the Engineer named in this contract, or the Engineer's
~u~n-~z~d representative, and is the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration therein expressed.
Oiven under my hand and seal of office this C~ ~[ day of "~aaa
,A.D. 2002.
Notary Public, State of Texas
(Primed or typed name)
My Commission expires
Page 2 of 3
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
David S. Fulton. Director
Aviation Division
Texas Department of Transportation
Page 3 of 3
TxDOT Contract No.:2X1AV028
TxDOT Project No.: AP DENTON 2
TxDOT CSJ No.:0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 04
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, Texas, hereinafter called the "Sponsor," acting by and
through the Texas Department of Transportation, hereinafter called the "Agent," and Carter &
Burgess, Inc., hereinafter called the "Engineer."
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engineering/design services; executed Supplemental Agreement No. 01 on April 30, 2001 for
additional surveying; executed Supplemental Agreement No. 02 on January 18, 2002 'for the
construction phase and executed Supplemental Agreement No. 03 on May 24, 2002 for
additional engineering services at the Denton Municipal Airport, herein called the "Project."
Section 5 - Payments to the Engineer, limits the maximum amount payable under the
agreement without modification of the agreement to $227,546.00.
It has become necessary to amend the agreement for additional engineering/design
services.
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows:
A. Add Additional Services as authorized in Section 4-Additional Services as follows:
Add additional engineering/design services to replace the MIRL system for a lump sum
fee of $18,031.00 as distributed below by phase and performed as scheduled:
Phase
Preliminary Engineering Report Phase
Design Phase
Bidding Phase
Fee Work Schedule
$3,028.00
$12,939.00
$2,064.00
20 working days
31 working days
As required
Page 1 of 3
B. Amend Section 5 - Payments to the Engineer as follows:
Change Section 5.4.1. Payment to Engineer to: The maxima mount allowable for
payment under the Professional Engineering Services Agreement is $245,577.00.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement.
ENGINEER
By: ~--4J~/~ Date July 31, 2002
Name: L. Darrell Thompson
(Prim or type)
777 Main Street
(Address)
Title: Carter & Burqess, In~.
(Name of Firm)
Fort Worth, TX 76102
(City, State, Zip)
Page 2 of 3
THE STATE OF TEXAS
COUNTY OF ~
Before me, the undersigned authority, on this day personally appeared ,,~ · ~co.l,s_lL~
e' known to me to be the Engineer named in this conlxact, or the Engineer's
presentative, 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 ,_5/_~-day of (~t~ ~_~_~ ,A.D. 2002.
Notary Public, State of Texas
(Printed or typed name)
My Commission expires 10 -~B -~ ~._
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.
David $. Fulton, Director
rex,;;. .. ~$ Trarlspolat~011
Page 3 of 3
TxDOT Contract No.: 2X1AV028
TxDOT Project No.:AP DENTON 2
TxDOT CSJ No.:0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 06
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, hereinafter called the "Sponsor," acting by and
through the Texas Department of Transportation, hereinafter called the "Agent" and Carter &
Burgess, hereinafter called the "Engineer."
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engineering/design services; executed Supplemental Agreement No. 01 on April 30, 2001 for
additional surveying; executed Supplemental Agreement No. 02 on January 18, 2002 for the
construction phase; executed Supplemental Agreement No. 03 on May 24, 2002 for additional
engineering services; executed Supplemental Agreement No. 04 on August 13, 2002 for
additional engineering services and executed Supplemental Agreement No. 05 on October 21,
2002 for additional Resident Project Representative services at the Denton Municipal Airport,
herein called the "Project."
Section 5 - Payments to the Engineer, limits the maximum amount payable under the
agreement without modification of the agreement to $246,137.00.
It has become necessary to amend the agreement for additional engineering services.
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows:
Add Additional Services as authorized in Section 4-Additional Services as follows:
Add additional engineering design services to relocate the vault equipment for
a fee of $4,965.00.
Amend Supplemental Agreement No. 02 to add additional Basic Engineering
Services to be paid as listed below:
Page lof3
Phase Additional Fee Not to Exceed Fee by Work Schedule
Phase
Construction (lump sum) $4,890.00 $25,590.00 As needed
Closeout (lump sum) $2,480.00 $9,380.00 45 calendar days
RPR (240 hfs ~ $40.00) $9,600.00 $55,980.00
B. Amend Section 5 - Payments to the Engineer as follows:
Change Section 5.4.1. Payment to Engineer to: The maximum amount allowable for
payment under the Professional Engineering Services Agreement is $268,072.00.
All other terms and conditions of the agreement are unchanged and remain in full rome
and effect.
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement.
ENGINEER
Date March 3, 2003
Name: L. Darrell ~'~ompson
(Print or type)
777 Main Street
(Address)
Title: Career & Bur(less, Inc.
(Name of Firm)
Fort Worth, Texas 76102
(City, State, Zip)
Page 2of 3
THE STATE OF TEXAS
COUNTY OF T~
Before me, the undersigned authority, on this day personally appeared
/. Dam, et/ 73~¥,x~ known to me to be the Engineer named in this contract, or the Engineer's
authorized representative, and is the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 3t~dday of /7]~a~taK~ _,A.D. 2003.
STATE 6F TEXAS
~~mm. Exp: ..11/07/2006
Notary Public, State of Texas
J. Arm Dorris
(Printed or typed name)
My Commission expires: 11/7/2006
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor,
for the purpose and effect of activating and/or cmxying out the orders, established policies or
work programs heretofore approved and authorized by the Texas Transportation Commission.
Page 3of3
TxDOT Contract No.: 2X1AV028
TxDOT Project No.: AP DENTON 2
TxDOT CSJ No.:0218DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 07
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, hereinafter called the "Sponsor," acting by and
through the Texas Department of Transportation, hereinafter called the "Agent" and Carter &
Burgess, hereinafter called the "Engineer."
The Sponsor and the Engineer executed an agreement on May 30, 2000 for
engineering/design services; executed Supplemental Agreement No. 01 on April 30, 2001 for
additional surveying; executed Supplemental Agreement No. 02 on January 18, 2002 for the
construction phase; executed Supplemental Agreement No. 03 on May 24, 2002 for additional
engineering services; executed Supplemental Agreement No. 04 on August 13, 2002 for
additional engineering services, executed Supplemental Agreement No. 05 on October 21,
2002 for additional Resident Project Representative and executed Supplemental Agreement
No. 06 on March, 7 2003 for additional engineering services at the Denton Municipal Airport,
herein called the "Project."
Section 5 - Payments to the Engineer, limits the maximum amount payable under the
agreement without modification of the agreement to $268,072.00.
It has become necessary to amend the agreement for additional Resident Project
Representative Services.
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows:
A. Add Additional Services as authorized in Section 4-Additional Services as follows:
Increase Section 5, Payment to the Engineer for Resident Project
Representative services, by a total of $160.00, not to exceed $56,140.00.
Page 1 of 3
B. Amend Section 5 - Payments to the Engineer as follows:
Change Section 5.4.1. Payment to Engineer to: The maximum amount allowable for
payment under the Professional Engineering Services Agreement is $268,232.00.
All other terms and conditions of the agreement are unchanged and remain in full fome
and effect.
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement.
ENGINEER
Date
Name: L. Darre_l_l T_hompson, P.E.
(Print or type)
Title: Vice President
(Name of Firm)
Carter & Buraess, Inc. 777 Main Street. Fort Wnr~.hr ~Y 76l'(]?
(Address) (City, State, Zip)
Page 2 of 3
THE STATE OF TEXAS
COUNTY OF ,~,.xx c,.~
~~l~Before me, the undersigned authority, on this day personally appeared
own to me to be the Engineer named in this contract, or the Engineer's
authorized representative, and is the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this cg~,day of ~)~c ,A.D. 2003.
Notary Public, State of Texas
(Pritaed or typed name)
My Commission expires:
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.
Page 3 of 3