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ORDINANCENO 9 —9011
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS
AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE
DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That 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 clearing/grubbing trees, regrading and
replacing security fence in safety area, realign MALSR (medium intensity approach
lighting system with sequenced flashers), improve drainage and reconstruction of a
terminal apron 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
7X2FA086
SECTION II That 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 III That this ordinance shall become effective immediately upon its
passage and approval
0
PASSED AND APPROVED this the 1� day of , 1999
JA M LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PRO D AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Contract No 7X2FA086
TxDOT CSI No 9742DNTON
TxDOT Project No AP DENTON
Part I - Identification of the Project
TO The City of Denton, Texas
FROM The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and the City of Denton, Texas, (hereinafter referred to as the "Sponsor")
WITNESSETH
WHEREAS, the Sponsor desires to sponsor a project for the development of a public
aviation facility, known or to be designated as the Airport under the Airport and Airway
Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section
47101 et seq , (hereinafter referred to as "Title 49 US C "), and Rules, Regulations and
Procedures promulgated pursuant thereto, and under V T CA Transportation Code, Title 3,
Chapters 21-22, et seq (Vernon and Vernon Supp), and
WHEREAS, the project based on final design is described as follows construction phase
for cleanng/grubbing trees, regrading and replacing security fence in safety area, realign MALSR
(medium intensity approach lighting system with sequenced flashers), improve drainage,
reconstruct terminal apron at the Denton Municipal Airport, and
WHEREAS, the Sponsor hereby applies for federal financial assistance and desires the
State to act as the Sponsor's agent in matters connected with the project described above, and
WHEREAS, the parties hereto, by this Agreement, do hereby fix their respective
responsibilities, with reference to each other, with reference to the accomplishment of said project
and with reference to the United States
NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of
Title 49 US C , and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Airport Project Participation Agreement and its
Page 1 of 16
acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United
States and the public from the accomplishment of the project and compliance with the assurances
and conditions as herein provided, THE TEXAS DEPARTMENT OF TRANSPORTATION,
FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL AVIATION
ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
accomplishing the project, ninety percentum of all allowable project costs Tins grant is made on
and subject to the following terms and conditions
Part H - Offer of Financial Assistance
The allowable costs of the project shall not include any costs determined by the State to be
ineligible for consideration as to allowability under Title 49 US C , the V T CA
Transportation Code, Title 3, Chapters 21-22, et seq , (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex Loc Govt Code Ann §§ 241 001 et seq (Vernon and Vernon
Supp)
2 It is estimated that construction project costs will be approximately $1,437,260 (Amount
A) It is further estimated that approximately $1,437,260 (Amount B) of the project costs
will be eligible for federal financial assistance, and that federal financial assistance will be
for ninety percent (90%) of the eligible project costs Final determination of federal
eligibility of total project costs will be determined by the State in accordance with federal
guidelines following completion of project
The maximum obligation of the United States payable under this offer shall be $1,293,534
(Amount C)
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement It is the intent of the
State to provide funding to complete the approved work items of tlus grant and not to
amend the scope of work to include items outside of the current determined needs of this
project Scope of work may be amended as necessary to fulfill the unforeseen needs of
this specific development project within the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds
4 It is estimated that the Sponsor's share of the total project costs will be $143,726 (Amount
D) The Sponsor specifically agrees that it shall pay any project costs which exceed the
sum of the federal share (Amount C)
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage of
financial participation as heretofore stated in Paragraph II-2 The State shall refund to the
Page 2 of 16
Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor
5 If there is an overrun in the total eligible project costs (Amount B), the State may increase
the federal funds to cover the amount of overrun not to exceed the statutory fifteen (15%)
percent federal funds limitation The State may, at the request of the Sponsor, participate
in additional eligible costs to the extent of the aforesaid appropriate percentages and
subject to the availability of federal funds Participation in additional federally eligible
costs may require approval by the Texas Transportation Commission The State will not
authorize expenditures in excess of the dollar amounts identified in this Agreement and
any amendments thereto, without the consent of the Sponsor
Conversely, it is mutually understood and agreed that if, during the life of the project, the State
determines that the grant amount exceeds the expected costs of the project scope, the grant
amount can be reduced by amendment Upon issuance of either of the aforementioned
supplements, the maximum obligation of the United States is adjusted to the amount specified
Payment of the United States share of the allowable project costs will be made pursuant to
and in accordance with the provisions of such regulations and procedures as the State and
the Federal Aviation Administration, hereinafter referred to as the "FAA", shall prescribe
Final determination of the United States share will be based upon the final audit of the
total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs
6 Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
by the State At project closeout, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor's share Following the execution of this Agreement, the Sponsor's
shall submit the in -kind contribution documentation to the State
7 Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as heretofore stated The
Sponsor hereby grants to the State and federal government the right, upon advance
written request during reasonable and regular business hours, to audit any books and
records of the Sponsor to verify said funds In addition, the Sponsor shall disclose the
source of all funds for the project and its ability to finance and operate the project
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State State
may request the Sponsor's financial obligation in partial payments Should the Sponsor fail
to pay said obligation, either in whole or in part, within 30 days of written demand, the
State may exercise its rights under Paragraph V-7 hereof Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law or
equity
Page 3 of 16
PART III - Sponsor Responsibilities
1 In accepting the Agreement, the Sponsor guarantees that
a it will comply with the ATTACI- vIENT A, PART V ASSURANCES, Airport
Assurances (9/99) State Modified (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 to connection with the federal grant, and
c the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years, and
d consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term of this Agreement, and
e it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products and
aerial applications The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids, and
f it shall not permit non -aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA, and
g it shall not enter into any agreement nor permit any aircraft to gam direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport Further, Sponsor shall not allow aircraft direct
ground access to private property Sponsor shall be subject to this prolubition,
commonly known as a "through -the -fence operation," unless an exception is
granted in writing by the State due to extreme circumstances, and
h it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
Page 4 of 16
such subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State, and
n it will provide upon request to the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project, and
o after reasonable notice, it will permit the State, the FAA, and any consultants and
contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated with
this project, to enter private property for purposes necessary to this project, and
p all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the
Sponsor A reproducible copy of such plan, and all subsequent modifications
thereto, shall be filed with the State for approval, and
q it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in
any other manner in any project upon which Federal and State funds have been
expended For the purposes of this grant agreement, the term "funds" means
funds, however used or disbursed by the Sponsor or Agent that were originally
paid pursuant to this or any other grant agreement It shall obtain the approval of
the State as to any determination of the amount of such funds It shall return the
recovered share, including funds recovered by settlement, order or judgment, to
the State It shall furnish to the State, upon request, all documents and records
pertaining to the determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds All settlements
or other final positions of the Sponsor, in court or otherwise, involving the
recovery of such funds shall be approved in advance by the State
2 The Sponsor hereby certifies to the State that it will have acquired clear title in fee simple
to all property upon which construction work is to be performed, or have acquired a
leasehold on such property for a term of not less than 20 years, prior to the advertisement
for bids for such construction or procurement of facilities that are part of the above
project, and within the time frame of the project, a sufficient interest (easement or
otherwise) in any other property which may be affected by the project
3 The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of the
Sponsor, the Sponsor's agents or employees performed under this agreement The
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all expenses, including attorney fees
which might be incurred by the State in litigation or otherwise resisting said claim or
Page 6 of 16
in connection with the federal grant in the acquisition of such property interests,
and that airport property identified within the scope of this project and Attorneys
Certificate of Airport Property Interests shall be pledged to airport use and shall
not be removed from such use without prior written approval of the State, and
i the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested, and
1 all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory The
proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites)
Sponsor shall not be required to pledge income received from the mineral estate to
airport use unless state and/or federal funds were used to acquire the mineral estate
of airport lands or any interests therein, and
k an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be subnutted to the State Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from other
types of moneys identified in the fund as a whole All fees, charges, rents, and
money from any source derived from airport operations must be deposited in said
Airport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor All expenditures from the Airport Fund shall be
solely for airport or airport system purposes Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has complied with the requirements of this subparagraph,
and
1 following completion of the project where airport lighting is part of a project, the
Sponsor shall operate such lighting at least at low intensity from sunset to sunrise,
and
in insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zorung regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in Tex Loc Govt Code Ann §§ 241 001
et seq (Vernon and Vernon Supp ) Sponsor shall also acquire and retain
avigation easements or other property interests in or rights to use of land or
airspace, unless Sponsor can show that acquisition and retention of such interests
will be impractical or will result in undue hardslup to Sponsor Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
Page 5 of 16
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees
4 The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated herein shall be evidenced by execution of tins instrument by the Sponsor, as
hereinafter provided, and said Agreement shall comprise a contract, constituting the
obligations and rights of the State of Texas and the Sponsor with respect to the
accomplishment of the project and the operation and maintenance of the suport Such
Agreement shall become effective upon execution of this instrument and shall remain in
full force and effect for a period of at least 20 years
5 The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U S C Sponsor agrees to assume responsibility for
operation of the facility in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives
before, during and after the completion of this project
6 The Sponsor by execution of this grant, certifies that it has implemented, or will
implement during this project, an effective airport pavement maintenance management
program, and it assures that it will use such program during the period of this Agreement
It will provide upon written request, such reports on pavement condition and pavement
management programs as the State detertmnes may be useful Failure to comply with this
condition may make the Sponsor ineligible for future grants
7 The Sponsor shall have on file with the State a current and approved Attorney's Certificate
of Airport Property Interests and Exhibit A property map
8 The Sponsor shall have on file with the State
a Certification Regarding Drug -Free Workplace Requirements,
b Certification Regarding Pavement Preventive Maintenance
9 Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant The sponsor will include in
every contract a provision implementing this special condition
10 SPECIAL CONDITION Except for instrument landing systems acquired with AIP
funds and later donated to and accepted by the FAA, the Sponsor must provide for the
continuous operation and maintenance of any navigational aid funded under the AIP
during the useful life of the equipment The sponsor must check the facility, including
instrument landing systems, prior to commissioning to ensure it meets the operational
Page 7 of 16
standards The Sponsor must also remove, relocate, or lower each obstruction on the
approach or provide for the adequate lighting or marking of the obstruction if any
aeronautical study conducted under FAR Part 77 determines that to be acceptable, and
mark and light the runway, as appropriate The Federal Aviation Administration will not
take over the ownership, operation, or maintenance of any sponsor -acquired equipment,
except for instrument landing systems
11 The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement incorporated herein shall be evidenced by execution of
this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance
shall comprise a Grant Agreement, as provided by the Title 49 U S C , constituting the
contractual obligations and rights of the United States, the State of Texas and the Sponsor
with respect to the accomplishment of the Project and compliance with the assurances and
conditions as provided herein Such Grant Agreement shall become effective upon the
State's written Notice to Proceed issued following execution of this agreement
Part IV- Nomination of the Agent
The Sponsor hereby designates the State as the party to apply for, receive and disburse all
funds used, or to be used, in payment of the costs of said project, or in reimbursement to
either of the parties hereto for costs incurred
2 The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements including
any statutes, rules, regulations, assurances, procedures or any other directives, except as
otherwise specifically provided herein
3 The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor The Sponsor herewith grants the State a power of attorney to act
as its agent to perform the following services
Receiving Disbursing Agent
a apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U S C and congressional appropriation made pursuant
thereto, and the Sponsor,
b receive, review, approve and process Sponsor's reimbursement requests for
approved project costs, and
c pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share
Page 8 of 16
Paying Agent
d receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts,
Contracting Agent:
e advertise for professional engineering and/or planning services for, but not limited
to, the preparation of planning studies, plans and specifications for the above
project and for the management of the construction of the above project, certify
consultant selection procedures, provide notification of contract award for
professional services, and negotiate professional services fees, and execute, on
behalf of the Sponsor, a professional services agreement as related to this project,
f administer Disadvantage Business Enterprises (DBE) and/or Histoncally
Underutilized Business (HUB) Programs in accordance with federal and state
regulations
Contract Management Agent:
g exercise such supervision and direction of the project work as the State reasonably
finds appropriate Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or materialman, the State shall issue a written order which
shall prevail and be controlling,
h coordinate and review project plans, specifications and construction, coordinate
and conduct progress and final inspections
Construction Phase:
i authorize the advertisement, receipt and opening of bids for construction of the
above project, and award contracts for construction of the above project and
acquisition of materials related to it, and execute, on behalf of the Sponsor,
construction contracts as related to this project,
1 participate in pre -bid and pre -construction conferences, and issue orders as it
deems appropriate regarding construction progress, including but not limited to
Notices to Proceed, Stop Work Orders, and Change Orders,
k review, approve and maintain record drawings
Page 9 of 16
PART V - Recitals
1 The State shall obtain an audit as required by federal or state regulations, and procure and
forward to the FAA such specific project documentation as is necessary to complete all
aspects of this project
2 The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project The
power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement
3 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
4 The United States and the State of Texas shall not be responsible or fable for damage to
property or injury to persons which may apse from, or be incident to, compliance with this
grant agreement
5 This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party Furthermore,
the State shall not be a party to any other contract or commitment which the Sponsor may
enter into or assume, or have entered into or have assumed, in regard to the above project
6 If the Sponsor fads to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part The notice of suspension
shall contain the following
a The reasons for the suspension and the corrective action
necessary to lift the suspension,
b A date by which the corrective action must be taken,
c Notification that consideration will be given to tenrunating the grant after the
corrective action date
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination Such request for reconsideration shall be made within 45
days after receipt of the nonce of suspension or termination
Page 10 of 16
7 This Agreement is subject to the applicable provisions of Title 49 U S C , the V T C A
Transportation Code, Title 3, Chapters 21- 22, et seq , (Vernon and Vernon Supp ), and
the Airport Zoning Act, Tex Loc Govt Code Ann % 241 001 et seq (Vernon and
Vernon Supp ) Failure to comply with the terms of this Agreement or with the
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 faded, the State finds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of the
following remedies (1) require a refund of any money expended pursuant to the
Agreement herein, (2) deny Sponsor's future requests for aid, (3) request the
Attorney General to bring suit seeking reimbursement of any money expended on
the project pursuant to the Agreement herein, provided however, these remedies
shall not limit the State's authority to enforce its rules, regulations or orders as
otherwise provided by law, (4) declare this Agreement null and void, or (5) any
other remedy available at law or in equity
b Venue for resolution by a court of competent jurisdiction of any dispute arising
under the terms of this Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties hereto in Travis
County, Texas
8 The State reserves the nght to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably be denied
or delayed
9 This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties
10 All commitments by the Sponsor and the State hereunder are subject to constitutional and
statutory limitations and restrictions binding upon the Sponsor and the State (including §§
5 and 7 of Article 11 of the Texas Constitution, if applicable) and to the availability of
funds which lawfully may be applied
Page 11 of 16
Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does hereby ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the foregoing Agreement, and does hereby accept the Offer, and by such
acceptance agrees to all of the terms and conditions of the Agreement
Agreement thereof
Executed this /y d day of (ioX-1i�9�!/1/ , 1999
The Citv of Denton. Texas
S onsor
r �,
Sig ture�
City Secretary City Manager
Witness Title Title
Certificate of Sponsor's Attorney
I, Herbert L Prouty , acting as attorney for City of Denton ,
Texas, do hereby certify that I have fully examined the foregoing Agreement and the proceedings
taken by said Sponsor relating thereto, and find that the manner of acceptance and execution
thereof, of the said Agreement by said Sponsor, is in accordance vnth the laws of the State of
Texas
Dated at Denton —,Texas, this list day of October , 1999
Witness Signature
Adminiptrative Secretary
Witness Title
City Attorney
Title
Page 12 of 16
Part VII - Acceptance of the State
OF TEXAS
Un
David S Fulton, DireCtOr
Aviation Division
Texas Department of TransPOY idr
Date / D �7 �� y
Page 13 of 16
CERTIFICATION OF AIRPORT FUND
TxDOT Contract No 7X2FA086
TxDOT CSJ No 9742DNTON
TxDOT Project No AP DENTON
The City of Denton does hereby certify that the General Fund Airport Fund
(Name of Fund)
has been established for the City of Denton, and that all fees, charges, rents, and money from any
source derived from airport operations will be deposited for the benefit of the Airport Fund and
will not be diverted for other general revenue fund expenditures or any other special fund of the
City of Denton and that all expenditures from the Fund will be solely for airport purposes Such
fund may be an account as part of another fund, but must be accounted for in such a manner that
all revenues, expenses, retained earnings, and balances in the account are discernible from other
types of moneys identified in the fund as a whole !�^
The CityD nton, Texas, has caused this to be duly executed m its name, this /q�`C day
of �j2 , , 1999
The Cif of Denton. Texas
(Sponsor)
By _44 K s>:
Title Assistant City Manager Finance
Page 14 of 16
CERTIFICA I ION REGARDING PAVEMEN I PREVENTIVE MAIN PENANCE
TxDOT Contract No 7X2FA086
'1 xDOT CSJ No 9742DNTON
TxDOT Project No AP DENTON
The City of Denton, Texas, assures or certifies that it has implemented an effective airport
pavement maintenance -management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial
assistance at the airport It will provide such reports on pavement condition and pavement
management programs as the State determines may be useful
T he City of Denton Texas _
(SPONSOR)
t (SIGNATURE)
Airport Manager
(7 IT LE)
ATE)
Page 15 of 16
CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
A The grantee certifies that it will or will continue to provide a drug -free workplace by
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use Of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition
(b) Establislung an ongoing drug -free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace,
(2) The grantee's policy of maintaining a drug -free workplace,
(3) Any available drug counseling, rehabilitation, and employee assistance programs, and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace,
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph (a),
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the
grant, the employee will-
(1) Abide by the terms of the statement, and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction,
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the receipt of such notices
Notices shall include the identification numbers) of each affected grant,
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including temunation, consistent
with the requirements of the Rehabilitation Act of 1973, as amended, or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency,
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs
(a), (b). (c), (d), (e), and (f).
B The grantee may insert in the space provided below the site(s) for the performance of work done in connection with
the specific grant
Place of Performance (Street address, city, county, state, zip code)
5000 Airport RD
City of Denton
Denton County, TX 76207
Check _%-dere are workplaces on file th a not identified here
/ /,�9
` Hated Signed �Q 9 9
Typed Name
Page 16 of 16
ATTACHMENT A PART V ASSURANCES
Airport Sponsors
A General
These assurances shall be complied with In the performance of gram agreements for airport development
airport planning, and noise compatibility program grants for airport sponsors
These assurances are required to be submitted as part of the project Airport Project Participation Agreement
herinafter referred to as "APPA") by sponsors requesting funds under the provisions of Title 49, U S C , subtitle
VII, as amended As used herein, the term "public agency sponsor" means a public agency with control of a
public -use airport, the tern "private sponsor" means a private owner of a public -use airport and the term
"sponsor" Includes both public agency sponsors and private sponsors
Upon acceptance of the grant offer by the sponsor, these assurances are Incorporated In and become part of
the grant agreement
B Duration and Applicability
Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor
The terms, conditions and assurances of the gram agreement shall remain In full force and effect throughout the
useful life of the facilities developed or equipment acquired for an airport development or noise compatibility
program project, or throughout the useful life of the project Items Installed within a facility under a noise
compatibility program project, but In any event not to exceed twenty (20) years from the date of acceptance of a
grant offer of Federal funds for the project However, there shall be no limit on the duration of the assurances
regarding Exclusive Rights and Airport Revenue so long as the airport Is used as an airport There shall be no
Irma on the duration of the terms, conditions, and assurances with respect to real property acquired with federal
funds Furthermore, the duration of the Civil Rights assurance shall be specified In the assurances
Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor The preceding
paragraph 1 also applies to a private sponsor except that the useful life of project items Installed within a facility
or the useful life of the facilities developed or equipment acquired under an airport development or noise
compatibility program project shall be no lass than ten (10) years from the date of acceptance of Federal aid for
the project
Airport Planning Undertaken by a Sponsor Unless otherwise specified In the grant agreement, only
Assurances 1, 2, 3, 5, 8, 13, 18, 30, 32, 33, and 341n section C apply to planning projects The terms
conditions and assurances of the grant agreement shall remain In full force and effect during the life of the
project
C Sponsor Certification The sponsor hereby assures and certifies with respect to this grant that
General Federal Requirements It will comply with all applicable Federal laws regulations, executive orders
policies guidelines, and requirements as they relate to the project acceptance and use of Federal funds for this
project Including but not limited to the following
Federal Legislation
a Title 49, U S C, subtitle VII, as amended
b Davis -Bacon Act - 40 U S C 276(a), et sec'
c Federal Fair Labor Standards Act - 29 U S C 201, at seq
d Hatch Act -5USC 1501,alseg2
e Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U S C
4601 • at sec
f National Historic Preservation Act of 1966 - Section 106 16 U S C 470(f)
g Archeological and Historic Preservation Act of 1974 - 16 U S C 469 through 469c'
h Native Americans Greve Repatriation Act - 25 U S C Section 3001 et sec
I Clean Air Act, P L 90.148, as amended
j Coastal Zone Management Act, P L 93-205, as amended
k Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U S C 4012a'
I Title 49 ,U S C , Section 303, (formerly known as Section 4(f))
m Rehabilitation Act of 1973 - 29 U S C 794
n Civil Rights Act of 1964 - Title VI - 42 U S C 2000d through d-4
o Age Discrimination Act of 1975 - 42 U S C 6101, et sec
p American Indian Religious Freedom Act, P L 95.341. as amended
q Architectural Barriers Act of 1968 -42 U S C 4151 et sec'
r Power plant and Industrial Fuel Use Act of 1978 Section 403 2 U S C 8373'
s Contract Work Hours and Safety Standards Act - 40 U S C 327, et sec'
t Copeland Anlikickback Act -18 U S C 874 '
u National Environmental Policy Act of 1969 - 42 U S C 4321, at sea'
v Mid and Scenic Rivers Act, P L 90-542, as amended
w Single Audis Act of 1984. 31 U S C 7501, at sea 2
x Drug -Free Workplace Act of 1988 - 41 U S C 702 through 706
Airport Assurances (9/99) Slate Modified (9/99) A-1
Executive Orders
Executive Order 1124E - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699. Seismic Safety of Federal and Federally Assisted New Building Construction'
Executive Order 12898 - Environmental Justice
Federal Regulations
a 14 CFR Part 13 - Investigative and Enforcement Procedures
b 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings
c 14 CFR Part 150-Airport noise compatibility planning
d 29 CFR Part 1 - Procedures for predetermination of wage rates'
e 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or
part by loans or grant; from the United States'
f 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and
assisted construction (also labor standards provisions applicable to non -construction contracts
subject to the Contract Work Hours and Safety Standards Act)'
g 41 CFR Part 60.Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor
(Federal and federally assisted contracting requirements)'
h 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state
and local governments 3
I 49 CFR Part 20 - Now restrictions on lobbying
j 49 CFR Part 21 - Nondiscdminatlon in federally -assisted programs of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964
k 49 CFR Part 23 - Participation by Disadvantage Business Enterprise In Airport Concessions
I 49 CFR Part 24 -Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs' 2
m 49 CFR Part 26— Participation By Disadvantaged Business Enterprises In Department of
Transportation Programs
n 49 CFR Part 27 - Nondiscrimination on the basis of handicap In programs and activities receiving or
benefiting from Federal
financial assistance'
0 49 CFR Part 29 — Government wide debarment and suspension (non -procurement) and government
wide requirements for drug -free workplace (grants)
P 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that
deny procurement market access to U S contractors
q 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building
construction
Office of Management and Budget Circulars
a A•87 Cost Principles Applicable to Grants and Contracts with State and Local Governmentsb A-133 • Audits of States, Local Govemmenls, and Non -Profs Organizations
(1) These laws do not apply to airport planning sponsors
(2) These laws do not apply to private sponsors
(3) 49 CFR Part 18 and OMB CircularA-87 contain requirements for State and Local
Governments receiving Federal assistance Any requirement levied upon State and Local
Governments by this regulation and circular shall also be applicable to private sponsors
receiving Federal assistance under Title 49, United States Code
Specific assurances required to be Included in grant agreements by any of the above laws, regulations or
circulars are Incorporated by reference In the grant agreement
Responsibility and Authority of the Sponsor
a Public Agency Sponsor It has legal authority to apply for the grant, and to finance and carry out
the proposed project, that a resolution, motion or similar action has been duly adopted or passed as
an official act of the applicant's governing body authorizing the filing of the APPA including all
understandings and assurances contained therein, and directing and authorizing the person Identified
as the official representative of the applicant to act In connection with the APPA and to provide such
additional Information as may be required
b Private Sponsor it has legal authority to apply for the grant and to finance and carry out the
proposed project and comply with all terms, conditions, and assurances of this grant agreement It
shall designate an official representative and shall in writing direct and authorize that person to file
this APPA, Including all understandings and assurances contained therein to act In connection with
this APPA, and to provide such additional Information as may be required
Sponsor Fund Availability It has sufficient funds available for that portion of the project costs which are not
to be paid by the United Stales It as sufficient funds available to assure operation and maintenance of items
funded under the grant agreement which it will own or control
4 Good Title
It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the
landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that
good title will be acquired
Airport Assure es (9/09) State Modified (90) A-2
For noise compatibility program projects to be carried out on the property of the sponsor it holds
good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be
expended or will give assurance to the Secretary that good tale will be obtained
Preserving Rights and Powers
a h will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms, conditions, and assurances in the grant agreement
without the written approval of the Secretary, and will act promptly to acquire extinguish or modify
any outstanding rights or clelms of right of others which would Interfere with such performance by the
sponsor This shall be done in a manner acceptable to the Secretary
b It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other
Interests In the property shown on Exhibit A to this APPA or, for a noise compatibility program project,
that portion of the property upon which Federal funds have been expended, for the duration of the
terms, conditions, and assurances In the grant agreement without approval by the Secretary If the
transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the
obligations of the grant agreement and to have the power, authority, and financial resources to carry
out all such obligatons, the sponsor shall Insert In the contract or document transferring or disposing
of the sponsor's interest, and make binding upon the transferee all of the terms conditions, and
assurances contained In this grant agreement
c For all noise compattlity, program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it will
enter Into an agreement with that government Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions, and assurances that would
be applicable to It If it applied directly to the FAA for a grant to undertake the noise compatibility
program project That agreement and changes thereto must be satisfactory to the Secretary It will
take steps to enforce this agreement against the local government If there Is substantial non-
compliance with the terms of the agreement
d For noise compatibility program projects to be cabled out on privately owned property, it will enter into
an agreement with the owner of that property which Includes provisions specified by the Secretary It
will take steps to enforce this agreement against the property owner whenever there Is substantial
noncompliance with the terms of the agreement
e If the sponsor Is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the
airport will continue to function as a public -use airport in accordance with these assurances for the
duration of these assurances
f if an arrangement Is made for management and operation of the airport by any agency or person
other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and
authority to Insure that the airport will be operated and maintained In accordance Title 49 United
Stales Code, the regulations and the terms, conditions and assurances In the grant agreement and
shall Insure that such arrangement also requires compliance therewith
8 Consistency with Local Plans The project Is reasonably consistent with plans (existing at the time of
submission of thls APPA) of public agencies that are authorized by the State In which the project Is located to
plan for the development of the area surrounding the airport
7 Consideration of Local Interest It has given fair consideration to the Interest of communities In or near where
the project may be located
8 Consultation with Users In making a decision to undertake any airport development project under Title 49,
United States Code If has undertaken reasonable consultations with affected parties using the airport at which
project Is proposed
a Public Hearings In projects Involving the location of an airport, an airport runway, or a major runway
extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with goals and objectives
of such planning as has been carried out by the community and It shall when requested by the Secretary,
submit a copy of the transcript of such hearings to the Secretary Further, for such projects, it has on its
management board either voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary concerning a proposed project
10 Air and Water Quality Standards In projects Involving airport location, a major runway extension, or runway
location it will provide for the Governor of the state in which the project Is located to certify in writing to the
Secretary that the project will be located designed, constructed, and operated so as to comply with applicable
air and water quality standards In any case where such standards have not been approved and where
applicable air and water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator Notice of certification or refusal to
certify shall be provided within sixty days after the project APPA has been received by the Secretary
11 Pavement Preventive Maintenance With respect to a project approved after January 1, 1995, for the
replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an
effective airport pavement maintenance -management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the
airport It will provide such reports on pavement condition and pavement management programs as the
Secretary determines may be useful
Airport Assurances (9/99) State Modified (9/99) A-3
12 Terminal Development Prerequisites For projects which Include terminal development at a public use
airport, as defined in Title 49, It has, on the date of submittal of the project grant request, all the safety
equipment required for certification of such airport under section 44706 of Title 49 United States Code, and all
the security equipment required by rule or regulation, and has provided for access to the passenger enplaning
and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier
aircraft
13 Accounting System, Audit, and Record Keeping Requirements
a It shall keep all project accounts and records which fully disclose the amount and disposition by the
recipient of the proceeds of the grant, the total cost of the project In connection with which the grant Is
given or used, and the amount or nature of that portion of thecost of the project supplied by other
sources, and such other financial records pertinent to the project The accounts and records shall be
kept in accordance with an accounting system that will facllilate an effective audit In accordance with
the Single Audit Act of 1984
b It shall make available to the Secretary and the Comptroller General of the United States, or any of
their duly authorized representatives, for the purpose of audit and examination, any books,
documents, papers, and records of the recipient that are pertinent to the grant The Secretary may
require that an appropriate audit be conducted by a recipient In any case In which an Independent
audit Is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or
relating to the project In connection with which the grant was given or used, it shall file a certified copy
of such audit with the Comptroller General of the United States not later than six (6) months following
the close of the fiscal year for which the audit was made
14 Minimum Wage Rates It shall Include, In all contracts In excess of $2,000 for work on any projects funded
under the grant agreement which Involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor, in accordance with the Davis Bacon Act, as amended (40 U S C
276a-276a-B), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be
stated In the Invitation for bids and shall be Included in proposals or bids for the work
15 Veteran's Preference It shall Include in all contracts for work on any project funded under the grant
agreement which Involve labor, such provisions as are necessary to Insure that, In the employment of labor
(except In executive, administrative, and supervisory positions), preference shall be given to Veterans of the
Vietnam era and disabled veterans as defined in Section 47112 of Title 49 United States Code However, this
preference shall apply only where the individuals are available and qualified to perform the work to which the
employment relates
1s Conformity to Plans and Specifications It will execute the project subject to plans, specifications, and
schedules approved by the Secretary Such plans, specifications, and schedules &hall be submitted to the
Secretary prior to commencement of site preparation, construction, or other performance under this grant
agreement, and, upon approval of the Secretary, shall be incorporated Into this grant agreement Any
modification to the approved plans, specifications, and schedules shall also be subject to approval of the
Secretary, and incorporated Into the grant agreement
17 Construction Inspection and Approval It will provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work conforms to the plans, specifications, and
schedules approved by the Secretary for the project It shall subject the construction work on any project
contained In an approved project APPA to inspection and approval by the Secretary and such work shall be In
accordance with regulations and procedures prescribed by the Secretary Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall
deem necessary
18 Planning Projects In carrying out planning projects
a It will execute the project In accordance with the approved program narrative contained In the project
APPA or with the modifications similarly approved
b It will furnish the Secretary with such periodic reports as required pertaining to the planning project
and planning work activities
c It will Include In all published material prepared in connection with the planning project a notice that
the material was prepared under a grant provided by the United States
d It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright In the United States or any other
country
e It will give the Secretary unrestricted authority to publish, disclose distribute, and otherwise use any
of the material prepared in connection with this grant
f It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants
and their subcontractors to do all or any part of this project as well as the right to disapprove the
proposed scope and cost of professional services
g It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any
part of the project
h It understands and agrees that the Secretary's approval of this project grant or the Secretarys
approval of any planning material developed as part of this grant does not constitute or imply any
assurance or commitment on the part of the Secretary to approve any pending or future request for a
Federal airport grant
Airport A urances (9/99) State Modified (9/99) A-4
19 Operation and Maintenance
a The airport and all facilities which are necessary to serve the aeronautical users of the airport, other
than facilities owned or controlled by the United States, shall be operated at all times in a safe and
serviceable condition and In accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance and operation It will not
cause or permit any activity or action thereon which would interfere with its use for airport purposes it
will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due
regard to climatic and good conditions Any proposal to temporarily close the airport for non -
aeronautical purposes must first be approved by the Secretary
In furtherance of this assurance, the sponsor will have In effect arrangements for-
(1) Operating the airport's aeronautical facilities whenever required,
(2) Promptly marking and lighting hazards resulting from airport conditions, Including temporary
conditions, and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport
Nothing contained herein shall be construed to require that the airport be operated for aeronautical
use during temporary periods when snow, flood or other climatic conditions Interfere with such
operation and maintenance Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is substantially damaged or
destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor
b It will suitably operate and maintain noise compatibility program Items that it owns or controls upon
which Federal funds have been expended
20 Hazard Removal and Mitigation It will take appropriate action to assure that such terminal airspace as Is
required to protect Instrument and visual operations to the airport (Including established minimum flight
attitudes) will be adequately cleared and protected by removing lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport
hazards
21 Compatible Land Use It will take appropriate action, to the extent reasonable, Including the adoption of zoning
laws, to restrict the use of land adjacent to or in the Immediate vicinity of the airport to activities and purposes
compatible with normal airport operations, Including landing and takeoff of aircraft In addition, if the project Is
for noise compatibility program Implementation, it will not cause or permit any change In land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended
22 Economic Nondiscrimination
a It will make the airport available as an airport for public use on reasonable terms and without unjust
discrimination to all types, kinds and classes of aeronautical activities including commercial
aeronautical activities offering services to the public at the airport
b In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport
is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will Insert and enforce provisions requiring
the contractor to-
(1) furnish sold services on a reasonable and not unjustly discriminatory, basis to all users thereof
and
(2) charge reasonable, and not unjustly discriminatory prices for each unit or service, provided that
the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers
c Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other
charges as are uniformly applicable to all other fixed -based operators making the same or similar
uses of such airport and utilizing the some or similar facilities
d Each air carder using such airport shall have the right to service itself or to use any fixed -based
operator that Is authorized or permitted by the airport to serve any air carrier at such airport
e Each air carder using such airport (whether as a tenant nontenant, or subtenant of another air carrier
tenant) shall be subject to such nondiscriminatory and substantially comparable rules regulations
conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all such air carriers which make similar use
of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or
nonlenante and signatory callers and nonslgnatory carriers Classification or status as tenant or
signatory shall not be unreasonably withheld by any airport provided an air carrier assumes
obligations substantially similar to those already Imposed on air carriers in such classification or
status
f It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft with Its
own employees [Including, but not limited to maintenance repair, and fueling) that it may choose to
perform
g In the event the sponsor Itself exercises any of the rights and privileges referred to In this assurance
the services Involved will be provided on the same conditions as would apply to the furnishing of such
services by commercial aeronautical service providers authorized by the sponsor under these
provisions
h The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by
all users of the airport as may be necessary for the safe and efficient operation of the airport
Assurances (9/99) State Modified (9/99) A-5
I The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport If
such action is necessary for the safe operation of the airport or necessary to serve the civil aviation
needs of the public
23 Exclusive Rights It will perms no exclusive right for the use of the airport by any person providing, or
Intending to provide, aeronautical services to the public: For purposes of this paragraph, the providing of the
services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the
following apply
a It would be unreasonably costly, burdensome, or Impractical for more than one fixed -based operator
to provide such services, and
b If allowing more than one fixed -based operator to provide such services would require the reduction
of space leased pursuant to an existing agreement between such single fixed -based operator and
such airport
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the
exclusive right at the airport to conduct any aeronautical activities, Including, but not limited to charter flights,
pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying,
air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted
In conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any
other activities which because of their direct relationship to the operation of aircraft can be regarded as an
aeronautical activity, and that It will terminate any exclusive right to conduct an aeronautical activity now existing
at such an airport before the grant of any assistance under Title 49 United States Code
24 Fee and Rental Structure It will maintain a fee and rental structure for the facilities and services at the airport
which will make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking Into account such factors as the volume of traffic and economy of collection No part of the
Federal share of an airport development airport planning or noise compatibility project for which a grant is
made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport
Act or the Airport and Airway Development Act of 1970 shall be Included in the rate basis In establishing fees
rates, and charges for users of that airport
25 Airport Revenues
a All revenues generated by the airport and any local taxes on aviation fuel established after December
30, 1987, will be expended by it for the capital or operating costs of the airport, the local airport
system or other local facilities which are owned or operated by the owner or operator of the airport
and which are directly and substantially related to the actual air transportation of passengers or
property, or for noise mitigation purposes on or off the airport Provided, however, that if covenants or
assurances In debt obligations issued before September 3, 1982, by the owner or operator of the
airport or provisions enacted before September 3 1982, In governing statutes controlling the owner
or operators financing, provide for the use of the revenues from any of the airport owner or operators
facilities, Including the airport, to support not only the airport but also the airport owner or operators
general debt obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, In the case of a public airport, local taxes on aviation fuel) shall not apply
b As part of the annual audit required under the Single Audit Act of 1964, the sponsor will direct that the
audit will review, and the resulting audit report will provide an opinion concerning, the use of airport
revenue and taxes In paragraph (a), and indicating whether funds paid or transferred to the owner or
operator are paid or transferred in a manner consistent with Title 49, United States Code and any
other applicable provision of law, including any regulation promulgated by the Secretary or
Administrator
c Any civil penalties or other sanctions will be Imposed for violation of this assurance In accordance
with the provisions of Section 47107 of Title 49, United Slates Code
20 Reports and Inspections It will
a submit to the Secretary such annual or special financial and operations reports as the Secretary may
reasonably request and make such reports available to the public, make available to the public at
reasonable times and places a report of the airport budget In a format prescribed by the Secretary,
b for airport development projects make the airport and all airport records and documents affecting the
airport, Including deeds, leases, operation and use agreements, regulations and other Instruments
available for inspection by any duly authorized agent of the Secretary upon reasonable request,
c for noise compatibility program projects make records and documents relating to the project and
continued compliance with the terms, conditions, and assurances of the grant agreement Including
deeds, leases, agreements, regulations and other Instruments available for Inspection by any duly
authorized agent of the Secretary upon reasonable request, and
d In a format and time prescribed by the Secretary, provide to the Secretary and make available to the
public following each of Its fiscal years, an annual report listing In detail
(1) all amounts paid by the airport to any other unit of government and the purposes for which
each such payment was made, and
(11) all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property
27 Use by Government Aircraft It will make available all of the facilities of the airport developed with Federal
financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by
Government aircraft In common with other aircraft at all times without charge, except If the use by Government
aircraft Is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of
operating and maintaining the facilities used Unless otherwise determined by the Secretary, or otherwise
Airport Assurances (9/99) State Modified (0/99) A-8
agreed to by the sponsor and the using agency substantial use of an airport by Government aircraft will be
consdered to exist when operations of such aircraft are in excess of those which In the opinion of the
Secretary, would unduly Interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that -
a Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto or
b The total number of movements (counting each landing as a movement) of Government aircraft is
300 or more, or the gross accumulative weight of Government aircraft using the airport (the total
movement of Government aircraft multiplied by gross weights of such aircraft) Is in excess of five
million pounds
28 Land for Federal Facilities It will furnish without cost to the Federal Government for use In connection with
any air traffic control or air navigation activities, or weather -reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein, or rights In buildings of the sponsor as the Secretary
considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes Such areas or any portion thereof will be made available as provided herein within
four months after receipt of a written request from the Secretary
29 Airport Layout Plan
a It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the
airport and all proposed additions thereto, together with the boundaries of all offsfte areas owned or
controlled by the sponsor for airport purposes and proposed additions thereto, (2) the location and
nature of all existing and proposed airport facilities and structures (such as runways, taxiways,
aprons, terminal buildings, hangars and roads), Including all proposed extensions and reductions of
existing airport facilities, and (3) the location of all existing and proposed nonaviatlon areas and of all
existing Improvements thereon Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of the Secretary on the face of the
airport layout plan The sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not In conformity with the airport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or
efficiency of the airport
b If a change or alteration In the airport or the facilities Is made which the Secretary determines
adversely affects the safety, utility, or efficiency of any federally owned leased, or funded property on
or off the airport and which Is not In conformity with the airport layout plan as approved by the
Secretary, the owner or operator will of requested by the Secretary (1) eliminate such adverse effect
In a manner approved by the Secretary, or (2) bear all costs of relocating such properly (or
replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency and cost of operation existing before the
unapproved change In the airport or its facilities
30 Civil Rights It will comply with such rules as are promulgated to assure that no person shall, on the grounds
of race, creed, color, national origin, sex, age, or handicap be excluded from participating In any activity
conducted with or benefiting from funds received from this grant This assurance obligates the sponsor for the
period during which Federal financial assistance Is extended to the program, except where Federal financial
assistance Is to provide, or is In the form of personal property or real property or Interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the
following periods (a) the period during which the property Is used for a purpose for which Federal financial
assistance Is extended, or for another purpose involving the provision of similar services or benefits, or (b) the
period during which the sponsor retains ownership or possession of the property
31 Disposal of Land
a For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land,
when the land is no longer needed for such purposes, at fair market value, at the earliest practicable
time That portion of the proceeds of such disposition which Is proportionate to the United States'
share of acquisition of such land will at the discretion of the Secretary, 1) be paid to the Secretary for
deposit In the Trust Fund, or 2) be reinvested In an approved noise compatibility project as prescribed
by the Secretary
b (1) For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land Is no longer needed for airport purposes, dispose of such land at
fair market value or make available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land That portion of the proceeds of such
disposition which Is proportionate to the United Stales' share of the coat of acquisition of such land
will, (a) upon application to the Secretary, be reinvested In another eligible airport Improvement
project or projects approved by the Secretary at that airport or within the national airport system or
(b) be paid to the Secretary for deposit In the Trust Fund If no eligible project exists
(2) Land shall be considered to be needed for airport purposes under this assurance If (a) it may be
needed for aeronautical purposes (Including runway protection zones) or serve as noise buffer land
and (b) the revenue from Interim uses of such land contributes to the financial self-sufficiency of the
airport Further, land purchased with a grant received by an airport operator or owner before
December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal
agency making such grant before December 31 1987, was notified by the operator or owner of the
uses of such land, did not object to such use, and the land continues to be used for that purpose,
such use having commenced no later than December 15, 1989
Airport Assurances (9/99) State Modified (9/99) A-7
c Disposition of such land under (a) or (b) will be subject to the retention or reservation of any Interest
or right therein necessary to ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the airport
32 Engineering and Design Services It will award each contract or subcontract for program management
construction management, planning studies, feasibility studies, architectural services, preliminary engineering,
design, engineering, surveying, mapping or related services with respect to the project In the same manner as a
contract for architectural and engineering services is negotiated under Title IX of the Federal Property and
Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the
sponsor of the airport
33 Foreign Market Restrictions It will not allow funds provided under this grant to be used to fund any project
which uses any product or service of a foreign country during the period In which such foreign country Is listed
by the United States Trade Representative as denying fair and equitable market opportunities for products and
suppliers of the United States In procurement and construction
34 Policies, Standards, and Specifications It will carry out the project In accordance with policies, standards
and specifications approved by the Secretary Including but not limited to the advisory circulars listed In the
Current FAA Advisory Circulars for AIP projects, dated 7/1/99 and Included In this grant and in accordance with
applicable stale policies, standards, and specifications approved by the Secretary
36 Relocation and Real Property Acquisition (1) It will be guided In acquiring real property, to the greatest
extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay
or reimburse property owners for necessary expenses as specified In Subpart B (2) It will provide a relocation
assistance program offering the services described In Subpart C and fair and reasonable relocation payments
and assistance to displaced persons as required In Subpart D and E of 49 CFR Part 24 (3) It will make
available within a reasonable period of time prior to displacement, comparable replacement dwellings to
displaced persons in accordance with Subpart E of 49 CFR Part 24
36 Access By Intercity Buses The airport owner or operator will permit, to the maximum extent practicable,
Intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to
fund special facilities for Intercity buses or for other modes of transportation
37 Disadvantaged Business Enterprises The recipient shall not discdminale on the basis of race, color,
national origin or sex in the award and performance of any DOT-asslated contract or in the administration of its
DBE program or the requirements of 49 CFR Part 26 The Recipient shall take all necessary and reasonable
steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted
contracts The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT Is
Incorporated by reference in this agreement Implementation of this program is a legal obligation and failure to
carry out its terms shall be treated as a violation of this agreement Upon notification to the recipient of as failure
to carry out Its approved program, the Department may impose sanctions as provided for under Part 26 and
may in appropriate cases, refer the matter for enforcement under 18 U S C 1001 and/or the Program Fraud
Civil Remedies Act of 1986 (31 U S C 3801)
Airport Assurances (9/90) State Modified (9/98) A-8
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS updated on 711/99
The following apply to both AIP and PFC Projects
NUMBER
TITLE
707460.1J
Obstruction Marking and Lighting
150/5000 13
Announcement of Availabllhy—RTCA Inc Document RTCA-221 Guidance and
Recommended Requirements for Airport Surface Movement Sensors
15015100 14C
Architectural, Engineering, and Planning Corsuhant Services for Airport Grant Projects
15015200-MA, CHO 1 & 2
Airport Winter Safety and Operations
15015200-33
Hazardous Wildlife Attractants On or Near Airports
150r5210.60
Painting Marking and Lighting of Vehicles Used on an Airport
15&5210.78
Aircraft Fire and Rescue Communications
15015210-13A
Water Rescue Plans Facilities, and Equipment
1501521D-14A
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15
Airport Rescue & Firefighting Station Building Design
150/5210-18
Systems for Interactive Training of Airport Personnel
150/5210-19
Driver's Enhanced Vision System (DEVS)
150/5220.413
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-IOB
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/5220-108
Runway Surface Condition Sensor Specification Guide
ISW5220-108
Automated Weather Observing Systems for Nonfeederal Applications
150/5220 117A
Design Standards for Aircraft Rescue Firefighting Training Facilities
15015220 18
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
15015220 18
Guide Specification for Small Dual Agent Aircraft Rescue and Firefighting Vehicles
15015220 20, CHO 1
Airport Snow and Ice Control Equipment
15015220 21A
Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
15015300-13, CHO 1 2 3 4 5
Airport Design
150/5300-14
Design of Aircraft Deicing Facilities
15015300-15
Use of Value Engineering for Engineering Design of Airport Grant Projects
150/532030
Airport Drainage
15016320-BD
Airport Pavement Design and Evaluation
15015320-12C
Measurement Construction, and Maintenance of Skid Resistant Airport Pavement
Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5320-16
Airport Pavement Design for the Boeing 777 Airplane
150/5325.4A CHO 1
Runway Length Requirements for Airport Design
150/5340-IG
Standards for Airport Markings
150/5340.4C, CHO 1 & 2
Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-50 CHO 1
Segmented Circle Airport Marker System
150/5340 14B, CHO 1 & 2
Economy Approach Lighting Adds
150/5340 17B
Standby Power for Non FAA Airport Lighting Systems
150/5340 18C, CHO 1
Standards for Airport Sign Systems
150/5340 19
Taxiway Centerline Lighting System
1501534021
Airport Miscellaneous Lighting Visual Aids
I SW5340 23D
Supplemental Wind Cones
150/5340-24, CHO 1
Runway and Taxiway Edge Lighting System
150/5340 27A
Air to -Ground Radio Control of Airport Lighting Systems
150/5345-3D
Specification for L821 Panels for Remote Control of Airport Lighting
150/5345 5A
Circuit Selector Switch
150/5345-7D CHO 1
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-10E
Specification for Constant Current Regulators Regulator Monhors
15015345-12C
Specification for Airport and Heliport Beacon
ISW5345 13A
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport
Lighting Circuits
150r5345 28B, CHO 1 & 2
Specification for L823 Plug and Receptacle Cable Connectors
15015345 270
Specification for Wind Cone Assemblies
I SW6345 2¢D, CHO 1
Precision Approach Path Indicator (PAP[) Systems
150/5345 308 CHO 1
FAA Specification L853 Runway and Taxiway Centerine Retrore0ective Markers
150/534547C CHO 1
Specification for Airport Light Bases Transformer Housings Junction Boxes and
Accessories
150/5345 4�E
Specification for Obstruction Lighting Equipment
ISW5345-44F CHO i
Specification for Taxiway and Runway Signs
15015345.OA
Lightweight Approach Light Structure
160/5345.46A
Specification for Runway and Taxiway Light Fixtures
15015345-47A
Isolation Transformers for Airport Lighting Systems
150/5345.49A
Specification 1.854, Radio Control Equipment
150r5345 50, CHO 1
Specification for Portable Runway Lights
15015345 51, CHO 1
Specification for Discharge -Type Flasher Equipment
15015345-52
Generic Visual Olkas[ope Indicators (GVGq
15015345 5SA (Including addendum)
Airport Lighting Equipment Certification Program
ISW5360 9
Planning and Design of Airport Terminal Facilities at NonHub Locations
1SW5360 12A
Airport Signing & Graphics
15015360 1$ CHO 1
Planning and Design Guidance for Airport Terminal Facilities
ISW5370 2C
Operational Safety on Airports During Construction
15015370-aB
Construction Progress and Inspection Report Airport Grant Program
15015370 10A CHO 1 2, 3, 4 5 6 7 8 9
Standards for Specifying Construction of Airports
15WS370 11, CHO 1
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
15015370 12
Quality Control of Construction for Airport Grant Projects
150/5390-2A
Heliport Design
150/5390 3
Vertlport Design
Airport Assurances (9/99) State Modified (9/99) A-9