HomeMy WebLinkAbout1997-327n AWMAP RWdY ad.l
ORDINANCE NO 97 .gal
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN
ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO A GRANT FOR THE PREPARATION OF AN
AIRPORT LAYOUT PLAN AND DESIGN SERVICES TO RECONSTRUCT A
TERMINAL APRON 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 acceptance of an offer from the Texas
Department of Transportation relating to a grant for the preparation of an airport layout
plan and design services to reconstruct a terminal apron at the Denton Municipal Airport,
a copy of such grant being attached hereto and made a part hereof for all purposes and
referenced as TXDOT Contract No 8XXFA003
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 grant
SECTION III That this ordinance shall become effective immediately upon its
passage and approval
PASSED AND APPROVED this the � day of 1997
6!6� Aowr
JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
rOVED S TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
& ,�� � j
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Contract No..8XXFA003
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Act of 1982, as repealed and recodified in Title 49 United States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
U.S.0 "), and Rules, Regulations and Procedures promulgated
pursuant thereto; and under V.T.0 A. Transportation Code, Title 3,
Chapters 21-22, et seq. (Vernon and Vernon Supp); and
WHEREAS, the project is described as follows: prepare an
Airport Layout Plan; design services to 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
Page 1 of 16
NOW THEREFORE, pursuant to and for the purpose of carrying out
the provisions of Title 49 U.S C., and in consideration of (a) the
sponsor's adoption and ratification of the representations and
assurances contained in said Airport Project Participation
Agreement and its acceptance of this Offer as hereinafter provided,
and (b) the benefits to accrue to the United States and the public
from the accomplishment of the project and compliance with the
assurances and conditions as herein provided, THE TEXAS DEPARTMENT
OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL
AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"),
HEREBY OFFERS AND AGREES to pay, as the United States share of the
allowable costs incurred in accomplishing the project, ninety
percentum of all allowable project costs. This grant is made on and
subject to the following terms and conditions
Part II - Offer of Financial Assistance
1 The allowable costs of the project shall not include any costs
determined by the State to be ineligible for consideration as
to allowability under Title 49 U S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon
and Vernon Supp), and the Airport Zoning Act, Tex Loc. Govt.
Code Ann. §§ 241.001 et seq. (Vernon and Vernon Supp)
2. It is estimated that design project cost will be approximately
$100,000(Amount A). It is further estimated that
approximately $100,000(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 lines following
completion of design.
The total estimated project cost for the design and
construction phases of this project is $1,100,000(Amount C).
The construction phase will be started upon completion of
design, dependent upon availability of federal funds, and
approval of the Texas Transportation Commission A separate
grant will be issued for the construction phase.
3. The maximum obligation of the United States payable under this
offer shall be $90,000(Amount D).
This grant should not be construed as block grant funds for
the Sponsor, but as a grant for funding of the scope items as
Page 2 of 16
listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approved work items
of this grant and not to amend the scope of work to include
items outside of the current determined needs of this project
Scope of work may be amended as necessary to fulfill the
unforseen 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 $10,000(Amount E). The Sponsor specifically
agrees that it shall pay any project costs which exceed the
sum of the federal share (Amount D)
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
1I-2 The State shall refynd to the Sponsor, at the financial
closure of the project, any excess funds provided by the
Sponsor.
5 During design, if the estimated eligible total project costs
exceed Amount C, above, the Sponsor may request the State to
void this Agreement, whereupon the State shall agree to void
this Agreement upon the satisfaction of the following
conditions:
a. the Sponsor's request to the State to void the Agreement
shall be in writing and dated; and
b. if required by the State, the Sponsor shall reimburse the
State for funds expended on this project and Sponsor
shall assume the responsibility for any future expenses
for contracted services or materials related to the
project for which a contract had been executed prior to
the Sponsor's request to void the Agreement. Sponsor
funds held by the State may be retained until this
requirement is satisfied; and
C. failure on the part of the Sponsor to comply with the
conditions of this paragraph shall constitute a breach of
this Agreement.
6. Upon satisfaction of the conditions specified in Paragraph
II-5 above, the State shall declare this Agreement null and
void, and this Agreement shall have no force and effect,
except that unexpended or unencumbered monies actually
deposited by the Sponsor and held with the State for project
Page 3 of 16
purposes shall be returned to the Sponsor within a reasonable
time.
7. 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
Payment of the United States share of the allowable project
costs will be made pursuant to and in accordance with the
provisions of such regulations and procedures as the State and
the Federal Aviation Administration, hereinafter referred to
as the "FAA", shall prescribe. Final determination of the
United States share will be based upon the final audit of the
total amount of allowable project costs and settlement will be
made for any upward or downward adjustments to the Federal
share of costs
8. At project closeout, Sponsor will be reimbursed for any
credited amounts that exceed Sponsor's share
9. Sponsor, by executing this Agreement certifies, and upon
request, shall furnish proof to the State that it has
sufficient funds to meet its share of the costs as heretofore
stated. The Sponsor hereby grants to the State and federal
government the right, upon advance written request during
reasonable and regular business hours, to audit any books and
records of the Sponsor to verify said funds In addition, the
Sponsor shall disclose the source of all funds for the project
and its ability to finance and operate the project.
Following the execution of this Agreement and upon written
demand by the State, the Sponsor's financial obligation
(Amount E) 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 III-9
hereof. Likewise, should the State be unwilling or unable to
pay its obligation in a timely manner, the failure to pay
Page 4 of 16
shall be considered a breach and the Sponsor may exercise any
rights and remedies it has at law or equity.
Expenditures for eligible project costs for the above project
made by the State or the Sponsor prior to the award of a
federal grant for said project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made
from Sponsor funds.
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that
a. it will comply with the Attachment A, Airport Assurances
(06/02/97)(State Modified 7/97), 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 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 a*ercise 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,
Page 5 of 16
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
9. it shall not enter into any agreement nor permit any
aircraft to gain direct ground access to the Sponsor's
airport from private property adjacent to or in the
immediate area of the airport Further, Sponsor shall
not allow aircraft direct ground access to private
property Sponsor shall be subject to this prohibition,
commonly known as a through -the -fence operation," unless
an exception is granted in writing by the State due to
extreme circumstances; and
h it will acquire all property interests identified as
needed for the purposes of this project and comply with
all applicable state and federal laws, rules,
regulations, procedures, covenants and assurances
required by the State of Texas or the FAA in connection
with the federal grant in the acquisition of such
property interests; and that airport property identified
within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be
pledged to airport use and shall not be removed from such
use without prior written approval of the State; and
i. the Sponsor shall submit to the State annual statements
of airport revenues and expenses as requested; and
j all fees collected for the use of an airport or
navigational facility constructed with funds provided
under the program shall be reasonable and
nondiscriminatory. The proceeds of such fees shall be
used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or
navigational facility(ites) Sponsor shall not be
required to pledge income received from the 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 submitted to the
Page 6 of 16
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 discernable from other types of monies
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 from sunset to sunrise, either manually or
by radio control, and
M. insofar as it is reasonable and within its power, Sponsor
shall adopt and enforce zoning regulations to restrict
the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and
activities compatible with normal airport operations as
provided in Tex. Loc Govt. Code Ann §§ 241 001 et seq
(Vernon and Vernon Supp.) Sponsor shall also acquire
and retain avigation easements or other property
interests in or rights to use of land or airspace, unless
sponsor can show that acquisition and retention of such
interests will be impractical or will result in undue
hardship to Sponsor. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless Sponsor has,
prior to such subsequent approval of a grant or loan,
adopted and passed an airport hazard zoning ordinance or
order approved by the State, and
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
Page 7 of 16
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
judgement, to the State. It shall furnish to the State,
upon request, all documents and records pertaining to the
determination of the amount of the funds or to any
settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other
final positions of the Sponsor, in court or otherwise,
involving the recovery of such funds shall be approved in
advance by the State.
2. The Sponsor hereby certifies to the State that it will have
acquired clear title in fee simple to all property upon which
construction work is to be performed, or have acquired a
leasehold on such property for a term of not less than 20
years, prior to the advertisement for bids for such
construction or procurement of facilities that are part of the
above project, and within the time frame of the project, a
sufficient interest (easement or otherwise) in any other
property which may be affected by the project
3 The Sponsor, to the extent of its legal authority to do so,
shall save harmless the State, the State's agents, employees
or contractors from all claims and liability due to activities
of the Sponsor, the Sponsor's agents or employees performed
under this agreement The Sponsor, to the extent of its legal
authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all
expenses, including attorney fees which might be incurred by
the State in litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as the result
Page 8 of 16
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 this instrument by the Sponsor, as
hereinafter provided, and said Agreement shall comprise a
contract, constituting the obligations and rights of the State
of Texas and the Sponsor with respect to the accomplishment of
the project and the operation and maintenance of the airport.
Such Agreement shall become effective upon execution of this
instrument and shall remain in full force and effect for a
period of at least 20 years.
5. Upon entering into this Agreement, Sponsor hereby agrees to
name an individual, as the Sponsor's Authorized
Representative, who shall be the State's contact with regard
to this project, and which individual shall have the authority
to make approvals and disapprovals as required on behalf of
the Sponsor
6 Upon entering into this Agreement, Sponsor hereby agrees to
name at least three individuals, as the Sponsor's Consultant
Selection Committee, to represent the Sponsor in the selection
of engineering and/or planning consultants, and to name a
chairperson of the selection committee, and to provide a
suitable location for pre -bid and for pre -construction
conferences, and for the submission and opening of
construction bids.
7. The Sponsor and not the State shall, for all purposes, be the
"Sponsor" of the project identified above as defined in Title
49 U.S.C.. Sponsor agrees to assume responsibility for
operation of the facility in compliance with all applicable
state and federal requirements including any statutes, rules,
regulations, assurances, procedures or any other directives
before, during and after the completion of this project.
8. The Sponsor by execution of this grant, certifies that it has
implemented, or 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 determines may be useful. Failure to comply with
this condition may make the Sponsor ineligible for future
grants.
Page 9 of 16
10
The Sponsor shall have on file
Regarding Drug -Free Workplace
11. Unless otherwise approved by the State, the Sponsor will not
acquire or permit any contractor or subcontractor
o outside acquire
any steel or manufactured products p
United States to be used for any project for airport
f
are
development or noise compatibilit
w llwincludeuinsevery
provided under this grant. The Sp
contract a provision implementing this special condition.
with the State a current and
ts
of Airport Property
The ve on file
approved s Attor ey sor shall aCertificate
and Exhibit A property map.
with the State a Certification
Requirements.
Part IV- Nomination of the Agent
Stateignates the the
1 he sponsor
peceivedi hereby
&urse all funds used, or to
be used, in
aymertofftthe
pcosts
Of said hereto forjcosts incurred
ct, or in reimbursement to
eith
he
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
any other directives, except as otherwise specifically
provided herein. s in
the
3 The State shall, project identified fabove, or l beat the Agent f the connection
meSponsor. h The
of
wer
asoitsragentto
whperform the followingoservicesttorney to act
Receiving Disbursing Agent: and deposit with the State
a. apply for, accept, receive,
Treasury any and all project funds granted allowed,
the United
allowed, and
paid or made available by the State and;
or
under Title 49 U.S.C. and congressional
appropriation made pursuant thereto, and the Sponsor;
c
receive, review, approve and process
reimbursement requests for approved project
the portion of
project costs
pay to the Sponsor, from granted funds,
any approved reasonable and eligible
Page 10 of 16
Sponsor s
costs; and
incurred by the Sponsor that are in excess of the
sponsor's share.
Paying�Agent:
d, receive, review, approve and pay invoices and payment
requests for services and materials supplied in
accordance with State approved contracts,
e, when applicable; receive, review and approve
reimbursement requests for reasonable and eligible
property acquisition costs incurred by the Sponsor,
provided the required documentation is supplied.
Contracting Agent:
f 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;
g, administer Disadvantage Business Enterprises (DBE) and/or
Historically Underutilized Business (HUB) Programs in
accordance with federal and state regulations
Contract Management Agent:
h, exercise such supervision and
direction of the prWhere
work as the State reasonably finds appropriate.
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;
i. coordinate and review project plans, specifications and
construction; coordinate and conduct progress and final
inspections.
Page 11 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 liable for damage to property or injury to
persons which may arise 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 fails to comply with the conditions of the
grant, the State may, by written notice to the Sponsor,
suspend the grant in whole or in part. The notice of
suspension shall contain the following,
a. The reasons for the suspension and the corrective action
necessary to lift the suspension;
b. A date by which the corrective action must be taken,
n will be
C.
terminating nthe hgrant after theat n corrective action dateo
Page 12 of 16
In the case of suspension or termination, the Sponsor may
request the State to reconsider the suspension or termination.
shall e
Such
5ierarwit
Yqu eiptfor rec=- of the noticetofnsuspensbon oretermi ation-
afterrovisions of
This Agreement is subject to the applicable P Title 3,
7• the V.T.C.A Transportation Code, and the
Chapters 21- 22
Title 49 U.S•C , , et seq., (Vernon and Vernon Supp•)Act, Tex. LOC. Govt. code Ann. §§ 24withltet
Airport Zoning Failure to comply
SeQ, (Vernon and Vernon Supp•)the
terms of this Agreement or with breach of thisncontract and
statuteswill owsall be considered h the State to pursue the remedies for breach as
stated below.
of primary importance to the State is compliance with the
a. Of this Agreement If, however,
is to require compliance have
terms and conditions and/or
after all reasonable attempts onsor is unwilling
failed, the State finds that Sp
unable to comply with any of the terms o the following
pursue any money expended
this Agreement, requireta Maymoneyof any S onsor's
remedies: (1) 2 deny p General
pursuant to the Agreement hrequest the)AttorneyeGeneral
future requests for aidQ1(ursement of any money
xpended
suit seeking Agreement fa herein, provided
to bring ursuant to the
on the project p shall not limit the State's
however, these remedies regulations or orders as
authority
to enforce its
e(4) declare this Agreement
otherwise provided by any other remedy available at law
null and void, or (5)
or in equity' urisdiction
b, Venue for resolution by a court of competent 7
the
of any dispute arising under 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*
the right to amend or withdraw this
The
B. The State reserves tance by the Sponsor after
Agreement at any time prior to accep 30 days
acceptance period cannot be greater than
issuance unless extended by the State, which extension shall
delayed.
not be unreasonably be denied or
g, This Agreement constitutes the full and total understanding oin
f
their rights and responsibilities
the parties concerning amendment,
regard to this project and shall not if matron
rescinded or revoked unless such modification,
Page 13 of 16
rescission or revocation is agreed to by both parties in
writing and executed by both parties
the Sponsor and the Stith tations and
10. All commiare
tme constitutional and statutory
subject to u on the Sponsor and the State (including
of article 11 of the Texas Constitution,
restrictions binding P
§§ 5 and of funds which lawfully
applicable) and to the availability
may be applied
11. The Sponsor's acceptance of
this Agreement and ratification
ipation
execution of this
and this
incorporated herein shallrbepevidencedrbyc ova d, Agreement
1 the Sponsor, as hereinafter P reement, as
instrument by Acceptance shall comprise a Grant Aq
49 U S C constituting the contractual
Offer and the State of
provided by the Title
obligations and rights
Of the United thetaccomplishment of
Texas and the Sponsor with respect to Agreement shall become
the project and compliancSu hthGranta assurances
es and conditions
as provided herein. s acceptance tance of this agreement
effective upon the State form by the
12 This contract is subject to the approval as to
Attorney General of the State of Texas
page 14 of 16
part VI - Acceptance of the sponsor
City of Denton does hereby ratify and adopt all
The
warranties, covenants and agreements
statements, representations, ro ect and incorporated materials
accept ithe
constituting the described A reement, and does hereby
referred to in the foregoing,
racceptance agrees to all of the terms and
Offer, and by
conditions of the Agreement thereof.
19_92-
Executed this day of
i
Sponsor
Signature �-
rvj 13 G�vr --
Cit Mana er
utive Assistant Title
witness Title
Certificate of sponsor's Attorney
acting as attorney
I, , Texas, do hereby certify that I have
for A reement and the proceedings taken of
by
fully examined the foregoing
and find that the mannersaid
said sponsor relating of the said Agreement by
ix
ce and execution thereof,
is in accord ce with the laws of the State of Texas.
Texas, this �—�-
19_ Q-7
Attorney's- signature
ne s a Attorney
Assistant City
utive Assistant Title
witness Title
Page 15 of 16
Part VII - Attorney General's Approval
This contract is approved as to form.
Attorney General of Texas
By
4�'ssiztgnt Attorney General
Date. �/-y/y
Part VIII - Acceptance of the State
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
Date:
Page 16 of 16
ATTACHMENT A
PART V - ASSURANCES
These assurances shall be complied with In the performance of grant agreement for airport development, airport planning and
noise compatibility program grant for airport sponsors
These assurances are required to be submitted ire part of the Airport Project Participation Agreement (APPA) by sponsors
requesting funds under the provisions of Tl0e 49, US C. subtitle VII, as amended As used hereln, the term "public agency
sponsor" means a public agency with control of a public -use airport, the term "private sponsor" mean 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
Duration and Applicability
ic
onsor
s.
1 cond8bnsort evelopment or Noise and assurances of therant agreement shag remain in fulatibility Program Projects Undertaken
forces and effect throughoutthethe 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 years from h date ofoflled within a acceptance of al grant offer of Federal fundunder a noise s compatibility
the proram jectsoHowever, there shevent
all be no limitx n the
(�)
duration of the assurance against exclusive rights or the terms, condition and assurances with reaped to real property acquired
with Federal funds Furthermore, the duration of the CNII Right assurance shall be specified in the assurances
2 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 less than ten
(10) years from the date of acceptance of Federal aid for the project
3 Airport Planning Undertaken by a Sponsor Unless otherwise specl6ed In the grant agreement, only Assurances 1, 2, 3, 5, 6,
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
ive orders,
1 General guidelines Federal
ndarequirements as they relate onts Itwill che project, with all applicable
lceptance andluse of Federal regulations, funds or this projed including but not
limited to the following
Federal Legislation
a TRIG 49, U S C ,subtitle VII, as amended
b Davis -Bacon Act - 40 U S C 276(a), 2LW
c Federal Fair Labor Standards Act 229 U S C 201, at sea
d Hatch Act -5USC 1501,otNo.
a UUnKJrT Relocation Assistance and Real Property Acquisition Policies Ado; 1970 Title 42 U S C 4801, ffi
f National Historic Preservation Act of 1968 - Section 108 -18 U S C 470(0
g Archeological and Historic Preservation Act of 1974. 16 U S C 469 through 469c 1
In Native Americana Greve Repatriation Act - 25 U S C Section 3001, 2LM
I Clean Air Act, P L g0.148, as amended
j Coastal Zone Management Act, P L 93-205, as amended 1
k Flood Disaster Protection Act of 1973 - Section 102(01) - 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 CNII Right Act of 1964 - Title VI - 42 U S C 2000d through d-4
o Age Discrimination Act of 1975.42 U S C at01, l sec
p American Indian Religious Freedom Act, P L 95.341, as amended
q Arohitedural Barriers Act of 1968.42 U S C 4161, at sea,
r Powerplent and Industrial Fuel Use Act of 1978 - Section 403.2 U S C J3731
s Contract Work Hours and Safety Standarde pot .40 U S C 327, atsea,
t Copeland Antikukback Act -18 U S C 874
u National Environmental Policy Act of I M - 42 U S C 4321, sLa9A,1
v Wild and Scenic Rivers Act, P L 90.542, as amended
w Single Audit Ad of 1984. 31 U S C 7501, at sec.
x Drug -Free Workplace Act of 1988 - 41 U S C 702 through 706
Executive Orders
Executive Order 11248 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - FloodPlaln Management
Executive Order 12372 - intergovernmental Review of Federal Programs
Exeouthre Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction'
Executive Order 12898 - Environmental Justice
Airport Assurances (06102/97 State Modified 7/97) A t
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 160 - Airport noise compatibility planning
d 29 CFR Part t - Procedures for predetermination of wage rates 1
e 29 CFR Part 3 - Contractors and subcont?ctore on public building or public work financed In whole or part
f by bans or grants from the United States
29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted
construction (also labor standards provis{ons applicable to nonconstruction 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 - l�rt[form administrative requirements for grants and cooperative agreements to state end
local govemments
I 49 CFR Part 20 - New restrictions on lobbying
j 49 CFR Part 21 - Nondiscrimination In federally-seslsted programs of the Department of Transportation
effectuation of Title VI of the Civil Rights Act of 1964
k 49 CFR Part 23 - Participation by minority business enterprise In Department of Transportation programs
I 49 CFR Part24 - U�i�orm relocation assistance and real property acquisition for Federal and federally
assisted programs
in 49 CFR Part 27 - Nondisoriminaton on the Male of handicap in programs and activities receiving or
benefitting from Federal financial assistance
n 49 CFR Part 29 - Govemmentwlde debarment and suspension (non -procurement) and govemmentvdde
requirements for drug -free workplace (grants)
0 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
p 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction 1
Office of Management and Budget Circulars
a A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments
b A-128 - Audits of State and Local Governments
1 These laws do not apply to airport planning sponsors
2 These laws do not apply to private sponsors
3 49 CFR Part 1S and OMB Circular A-87 contain requirements for State and Local Governments receiving
Federal assistance Any requirement levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, 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
of0clal 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
Unked States It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement
which it will own or control
Good Title
a It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will ghre
assurance satisfactory to the Secretary that good title will be acquired
b For noise compatibility program projects to be carded out on the property of the sponsor, it holds good title
satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will
give assurance to the Secretary that good title will be obtained
Preserving Rights and Powers
a It will not take or permit any action which would operate to deprive it of any of the rights and powers
necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the
written approval of the Seoretary, and will act promptly to acquire, extinguish or modify any outstanding rights
or claims of right of others which would Interfere with such performance by the sponsor This shall be done
In a manner acceptable to the Secretary
Auport Annura m (06/02/97 - State Modified 7/97) A 2
b It will not sell, base, 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 Coda, to assume the obligations of the grant agreement
and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall
Insert In the contract or document transferring or disposing of the 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 compatibility program projects which are to be carded 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 some terms, conditions, and assurances that would be applicable to it if it applied directly
to the FAA fore grantto 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 noncompllana with the terms of the agreement
d For noise compatibility program projects to be carried out on privately owned property, it will enter into an
agreement with the owner of that property which includes provisions specified by the Secretary It will take
steps to enforce this agreement against the property owner whenever there Is substantial non-compliance
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 end authority to Insure
that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations
and the terms, conditions and assurances In the grant agreement and shall insure that such arrangement
also requires compliance therewith
6 Consistency with Local Plans The project Is reasonably consistent with plans (existing at the time of submission of this
APPA) of public agencies that are authorized by the Stale In which the project is boated to plan for the development of the area
surrounding the airport For noise compatibility program projects, other than lend acquisition, to be carried out on property not
owned by the airport and over which properly another agency has land use control or authority, the sponsor shall obtain from each
such agency a written declaration that such agency supports that project and the project Is reasonably consistent with the
agences plans regarding the property
7 Consideration of Local Interest It has given lair consideration to the Interest of communities In or near where the project may
be located
8 Consultation with Users In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which project Is proposed
9 Public Hearings In projects Involving the location of an airport, an airport runway, ore 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 lecafion 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
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 40, United States Code, and all the security equipment required by rude 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 abler aircraft
13 Accounting System, Audit, and Recordkeeping 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 the cat of the project supplied by other sources, and such other
financial records pertinent to the project The accounts and records shall be kept In accordance with an
accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984
Aupert Awuraruxa (06/02/97 State Moddted 7/97) A- 3
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 (0) months following the close of the fiscal year for which the audit was
made
14 Minimum Wage Rates. It shell 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 Davls.Baoon Act, as amended (40 U S C 276a-278a-5), which contractors shall pay to skilled and unskilled
labor, and such minimum rates shall be stated in the invitation for bids and shell be Included in proposals or bids for the work
1s 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 execusve, administrative, and
supervisory positions), preference shall be given to Veterans of the Vietnam ere 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 shall be submitted to the Secretary prior to commencement of site
preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be
Incorporated Into this grant agreement Any modification to the approved plans, specifications, and schedules shall also be
subject to approval of the Secretary, and Incorporated Into the grant agreement
17 Construction Inspection and Approval. It 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
1s 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 famish 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 materiel 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
a 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 Secretarys approval of this project grant or the Secretays 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
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 he use for airport purposes It will sultably operate and maintain
the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions
Any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the
Secretary
In furtherance of this assurance, the sponsor will have in affect arrangements for-
(1) Operating the airports aeronautical facilities whenever required,
(2) Promptly marking and lighting hazards resulting from airport conditions, Including temporary
conditions, and
(3) Promptly notifying airman 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, good 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 hems that it owns or controls upon which
Federal funds have been expended
Airport Assurances (06/02/97 - State Modified 7/97) A 4
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 R will take appropriate action, Including the adoption of zoning laws, to the extent reasonable, 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 ofaircraft 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 Its airport available as an airport for public use on reasonable terms and without unjust
discrimination, to any person, firm, or corporation to conduct or to engage in any aeronautical activity for
furnishing 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) fumish said 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 "me 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 carrier 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 carders which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and
signatory carders 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 camera 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 Re 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 seMcea
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
i The sponsor may prohibit or lima 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
20 Exclusive Rights It will permit no exclusive right for the use of the airport by any person providing, or Intending to provide,
aeronautical services to the public For purposes of this paragraph, the providing of the services at an airport by a single fixed -
based operator shall not be construed as an exclusive right If both of the foltaMng apply
a It would be unreasonably costly, burdensome, or Impractical for more than one fixed -based operator to provide
such services, and
to 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 carder 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 Tale 49, United States Code
24 Fee and Rental Structure It will maintain a fee and rental structure for the foollltles 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
Auport Assurances (06/02/97 - State Moddied 7197) A- 5
25 Airport Revenues
a All revenues generated by the airport and any kcal 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
aubstanUally related to the actual air transportation of passengers or property, or for noise mitigation purposes on
or oft 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 1984, 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 Stales 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 States Code
28 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, bases, operation and use agreements, regulations and other Instruments, available for
Inspection by any duty 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
(II) 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 lending 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 agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will
be considered 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 lending 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
28 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 ottefts 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
nonavlatlon 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
Auport Amnincen (06/02/97 - State Modified 7/97) A- 6
b If a change or alteration In the airport or the facilities Is made which the Secretary determines adversary
effects 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, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the
Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the
Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility,
ef9clency, 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, 6 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
States' share of the cost 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 sett -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
o 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 1 M 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 tarty 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 May 1.1996 and Included In this grant, and In accordance with applicable state 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 low, 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 provides 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 persona 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
Airport Assurances (06/02/97 • State Meddled 7/97) A 7
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
Updated On May 1, 1995
NUMBER
SUBJECT
70/7480.1 H, CHO 1 & 2
Obstruction Marking and Lighting
1S0/5000.13
Announcement of Availlbillty RTCA Inc, Document RTCA 221, Guldana and Recommended
Requirements for Airport Surface Movement Sensors
15015100.14C
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
15015210.58
Painting, Marking and Lighting at Vehiela Used on an Airport
150/5210.78
Aircraft Fire and Rescue Communications
150/5210.14
Airport Fire and Rescue Personnel Protective Clothing
15015210.15
Airport Remus and Firefighting Station Building Design
15015210.18
Systems for Intereetive Training of Airport Personnel
iS01522048
Water Supply Systems for Alroraft Fire and Rescue Protection
15015220-IOA
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighing Vehicles
15015220.13E
Runway Sudan Condition Sensor Specification Guide
15015220.14A
Airport Fire and Rescue Vehicle Specification Guide
150/5220.18A
Automated Weather Observing Systems for NonFederal Applications
150/5220.17A
Design Standards for Aircraft Remus Firefighting Training Facilities
15015220.18
Buildings for Storage and Maintenance of Airport Snow and la Control Equipment and Materials
150/5220.19
Guide Speo fieation for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles,
I SW5220.20, CHO 1
Airport Snow and Ice Control Equipment
150 S220.21 CHO 1
Guide Specifications for Lifts Used to Board Airline Passengers with Mobility Impairments
ISW5300.13 CHO 1, 2, 3, & 4
Airport Design
150/5300.14
Design of Aircraft Deicing Facilities
150/5300.15
Use of Value Engineering for Engineering Design of Airport Grant Projects
150/5320 B
Airport Drainage
150/532041C, CHG 1 & 2
Airport Pavement Deign and Evaluation
150/5320.128
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surface
1SW5320.14
Airport Landscaping for Noise Control Purpose
150/53254A CHO 1
Runway Length Requirements for Airport Design
15015340.1 G
Standards for Airport Marking
15015340-40 CHO 1 & 2
Installation Details for Runway Centedine Touchdown Zone Lighting Systems
150/5340.5% CHG 1
Segmented Circle Airport Marker System
150/5340.14B CHG 1 & 2
Economy Approach Lighting Aids
150/5340.173
Standby Power for NonFAA Airport Lighting Systems
1SW5340.18C CHG 1
Standards for Airport Sign Systems
15015340.19
Taxiway Centedlne Lighting System
150/5340.21
Airport Miscellaneous Lighting Visual Aids
150/5340.23B
Supplemental Wind Conn
150/5340.24, CHO 1
Runway and Taxiway Edge Lighting System
150/5340.27A
Air -To Ground Radio Control of Airport Lighting Systems
130/5345.3D
Specification for L-821 Panels for Remote Control of Airport Lighting
15015345.5A
Circuit Selector Switch
15015345.70, CHO 1
Specification for L-524 Underground Electrical Coble for Airport Lighting Circuits
15015345•t0E
Specification for Constant Current Regulators Regulator Monitors
15015345.12C
Specification for Airport and Heliport Bncon
150/5345.13A
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
150/8345.28B CHG 1 & 2
Specifications for L-823 Plug and Receptacle, Cable Connectors
1 SO 6345.27C
Spm9lation for Wind Conn Assemblies
150/5345.28D, CHG 1
Precision Approach Path Indicator (PAPI) Systems
15015345.39B CHG 1
FAA Specification L-853 Runway and Taxiway Centerline RetrofiecIn Markers
16015345.420, CHO 1
Specification for Airport Light Bases, Transformer Housings Junction Boxes and Accessories
1501534543D
Specification for Obstruction Lighting Equipment
1501534544F, CHO 1
Specification for Taxiway and Runway Signs
150/534545A
Lightweight Approach Light Structure
150/534546A
Speeifiatlon for Runway and Taxiway Light Fixtures
150/5345.47A
Isolation Transformers for Airport Lighting Systems
150/534549A
Specification L-854, Radio Control Equipment
150/5345-50, CHG 1
Specification for Portable Runway Lights
150/5345.51. CHO 1
Specification for Discharge -Type Flasher Equipment
15015345.52
Goneric Visual Glidalope Indicators (GVGI)
15015345 53
Airport Llghing Equipment Certification Program
150/6360.9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360.12A
Airport Signing and Graphics
150/6360.13, CHO 1
Planning and Design Guidance for Airport Terminal Facilities
150/5370.2C
Operational Safety on Airports During Construction
150/5370.68
Construction Progress and Inspection Report -Airport Grant Program
ISW5370-I OA CHO 1, 2, 3, 4, 5.6 7, & 8
Standards for Specifying Construction of Airports
1S0/5370.11. CHO i
Use of Nondestructive Testing Devices In the Evaluation of Airport Pavements
150/5370.12
Ouallty Control of Construction for Airport Gram Projects
150/5390.2A
Heliport Deign
150/5390.3
Vartlport Design
A- 8
CERTIFICATION OF PROJECT FUNDS
TxDOT Contract No., 8XXFA003
I, Kathy nnRnAR , Actiatant- r,ty ManARRr of Finanry
(Name) (Title)
do hereby certify that sufficient funds to meet the Sponsor's share
of project costs as identified in the Airport Project Participation
Agreement for said project will be available in accordance with the
schedule shown below:
SPONSOR FUNDS
General Fund $10,000 October 1, 1997
The City of Denton has caused this to be duly executed in its name,
this tith day of ncr nhor , 1997
City of Denton
(Sponsor)
By
Title. Asst. City Manager of Finance
CERTIFICATION OF AIRPORT FUND
TxDOT Contract No.: 8XXFA003
I, Kathy DuBose , Assistant City Manager of Finance,
(Name) (Title)
do hereby certify that the General Fund Airport Fund has
(Name of Fund)
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
General Fund Airport Fund and will not be diverted for
(Name of Fund)
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 discernable from other types of monies identified in
the fund as a whole.
The City of Denton has caused this to be duly executed in its name,
this 6th day of October , 1997
City of Denton
(Sponsor)
By:
Title Assistant City Manager of Finance
DESIGNATION OF SPONSOR'S AUTHORIZED REPRESENTATIVE
TxDOT Contract No.: 8XXFA003
I, Ted Benavides , City Manager ,
(Name) (Title)
hereby designate Tel senavides, City Manager as the Sponsor's
(Name, Title)
authorized representative for the project, who shall have the
authority to make approvals and disapprovals as required on behalf
of the Sponsor
The City of Denton has caused this to be duly executed in its name,
this 6th day of October , 1997.
City of Denton
(Sponsor)
By: %sr'
Title City Manager
DESIGNATION OF SPONSOR'S
CONSULTANT SELECTION COMITTEE
TxDOT Contract No.: BXXFA003
I, Linda Ratliff , Director of Economic Development
(Name) (Title)
hereby designate the following named individuals as the City of
Denton Consultant Selection committee for the project
Name Title (if appropriate):
David Hall, Director of Plann
Jerry Clark, Director of Engineering
Jill Jordan, Director of Water Utilities
The City of Denton has caused this to be duly executed in its name,
this 6th day of n1 j-..ba. 1 1997
City of Denton
(Sponsor)
�///
By:
Title- Director of Economic Development
CERTISICATION REGARDING DRUG-SREE WORKPLACE REQUIREMENTS
A The grantee certifies that it will or will continue to provide a drug -free
workplace by
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying the actions that will be
taken against employees for violation of such prohibition
(b) Establishing an ongoing drug -free awareness program to inform employees
about-
(1) The dangers of drug abuse in the workplace,
(2) The grantee's policy of maintaining a drug -free workplace,
(3) Any available drug counseling, rehabilitation, and employee assistance
programs, and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace,
(c) Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a),
(d) Notifying the employee in the statement required by paragraph (a) that,
as a condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement, and
(2) Notify the employer in writing of his or her conviction for a violation
of a criminal drug statute occurring in the workplace no later than
five calendar days after such conviction,
(e) Notifying the agency in writing, within ten calendar days after receiving
notice under paragraph (d)(2) from an employee or otherwise receiving actual
notice of such conviction Employers of convicted employees must provide
notice, including position title, to every grant officer or other designee on
whose grant activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices
Notices shall include the identification number(s) of each affected grant,
(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 termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended, or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency,
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (a), and (f),
B The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant
Place of Performance (Street address, city, county, state, zip code)
5000 Airport Road
Denton, TX 76207
Check _ if there are workplaces on file that are not identified here
Signed''--- Dated October 6, 1997
Ted �enavldes. City Manager
Typed Name and T tle of Sponsor Representative