1999-387 ORDINANCE NO ~2-~7
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY
MANAOER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AOREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATINO TO THE CONSTRUCTION OF IMPROVEMENTS
AT THE DENTON MUNICIPAL AIRPORT, AND DECLAR1N6 AN EFFECTIVE
DATE
THE COLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the City Manager of the City of Denton ~s hereby authorized to
execute on behalf of the C~ty of Denton an Airport ProJect PartlmpaUon Agreement w~th
the Texas Department of Transportation relaUng to cleanng/grubbmg trees, regrad~ng and
replacing security fence m safety area, realign MALSR (medium ~ntens~ty approach
hghtmg system w~th sequenced flashers), improve dratnage and reconstmctmn 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
~ That the C~ty Manager or h~s designate ~s hereby authorized to
execute and the City of Denton agrees to comply w~th any assurances, conditions, or
agreements reqmred to be executed to receive the funds provided under th~s agreement
~.C_TI.Q_N_~ That th~s ordinance shall become effective immediately upon ~ts
passage and approval
PASSED AND APPROVED this the /~day of~~.~, 1999
JA~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
^s
HERBERT L PROUTY, CITY ATTORNEY
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Contract No 7X2FA086
TxDOT CSJ No 9742DNTON
TxDOT Project No AP DENTON
Part I - Identification of the Project
TO The C~ty of Denton, Texas
FROM The State of Texas, acting through the Texas Department of Transportation
Tlus 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 C~ty of Denton, Texas, (here~nat~er 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 A~rport under the A~rport and A~rway
Improvement Act of 1982, as repealed and recodlfled in Title 49 United States Code, Section
47101 et seq, (heremai~er referred to as "Tttle 49 U S C "), and Rules, Regulatmns and
Procedures promulgated pursuant thereto, and under V T C A 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/grubbmg trees, regradmg and replacing security fence m safety area, realign MALSR
(medium intensity approach hght;ng system w~th sequenced flashers), ~mprove drainage,
reconstruct terminal apron at the Denton Mumc~pal A~rport, and
WHEREAS, the Sponsor hereby apphes for federal financial assistance and desxres the
State to act as the Sponsor's agent m matters connected w~th the proJect described above, and
WHEREAS, the part,es hereto, by th~s Agreement, do hereby fix their respective
respons~bd~tles, with reference to each other, with reference to the accomphshment of said project
and with reference to the United States
NOW THEREFORE, pursuant to and for the purpose of carp/rog out the provisions of
T~tle 49 U S C, and in consideration of (a) the Sponsor's adopuon and ratification of the
representatxons and assurances contained m said A~rport ProJect Participation Agreement and ~ts
Page 1 of 16
acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the Umted
States and the public from the accomplishment of the project and compliance w~th the assurances
and con(~itions 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 m
accomplishing the project, mnety percentum of all allowable project costs This grant is made on
and subj(~ct to the follovang terms and conditions
Part H - 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 Oovt 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 ehglble for federal financial assistance, and that federal financ, al assistance wdl be
for ninety percent (90%) of the eligible project costs Final determination of federal
elig~bihty of total project costs will be determined by the State in accordance with federal
guidelines following completion of project
3 The maximum obligation of the Umted 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 this grant and not to
amend the scope of work to include items outside of the current determined needs of tlus
project Scope of work may be amended as necessa~ to fulfill the unforeseen needs of
tllis specific development project within the spirit of the approved scope, subject to the
avadabdlty 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
13) 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
$ 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 overran not to exceed the statutory fiftean (15%)
percent federal funds hnntation The State may, at the request of the Sponsor, participate
m 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 vail not
authorize expenditures in excess of the dollar amounts identified in tins Agreement and
any amendments thereto, w~thout the consent of the Sponsor
Conversely, it ,s mutually understood and agreed that if, dunng the life of the project, the State
detenmnes 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 obhgatlon 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 Adnunlstratlon, 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 m-kind contribution documentation to the State
7 Sponsor, by executing this Agreement cealfies, 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 nght, upon advance
written request dunng 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 fall
to pay sa~d 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
unwflhng 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 m - Sponsor Responsibilities
1 In accepUng the Agreement, the Sponsor guarantees that
a tt will comply voth the ATTACHMENT A, PART V ASSURANCES, .4arport
Assurances (9/99) State Modified (9/99), attached hereto and made a part of flus
Agreement, and
b it w~ll, m the operatton of the faahty, comply with all applicable state and federal
laws, rules, regulattons, procedures, covenants and assurances required by the
State of Texas or the FAA in connection w~th the federal grant, and
the .4arport or navigational facility which is the subject of tlus Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under th~s project shall be operated, repmred and maintained tn 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 mrport or air
navlgattonal facility available to all types, kinds and classes of aeronautical use
without unjust dlscnnunatlon between such types, lands and classes and shall
prowde adequate public access dunng the term oftlus Agreement, and
e tt shall not grant or perrmt anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area Aeronautical antivRles
include, but are not hnuted to scheduled airline flights, charter flights, flight
Instruction, aircraft sales, rental and repmr, sale of awation petroleum products and
aerial applications The landtng area consists of runways or landing strips,
tayaways, parking aprons, roads, airport lighting and nawgatlonal aids, and
f tt shall not perrmt non-aeronauttcal use of airport facilities, unless noted on an
approved Parport Layout Plan, without prior approval of the State/FAA, and
g it shall not enter into any agreement nor permit any mrcrait 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 alrerat~ direct
ground access to private property Sponsor shall be subject to flus prolubmon,
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 flus
project and comply w~th all applicable state and federal laws, rules, regulattons,
procedures, covenants and assurances required by the State of Texas or the FAA
Page 4 of 16
such subsequent approval cfa grant or loan, adopted and passed an a~rport hazard
zomng ordinance or order approved by the State, and
n it wall prowde upon request to the State, the engineering or planmng consultant,
and the FAA copses of any maps, plans, or reports of the project site, applicable to
or affecting the above project, and
o after reasonable notice, It wall pernut the State, the FAA, and any consultants and
contractors associated wath flus project, access to the project site, and will obtain
perrmssion for the State, the FAA, and consultants and contractors associated wath
flus project, to enter private property for purposes necessary to this project, and
p all development of an airport constructed wath program funds shall be consistent
with the A~rport 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 wath the State for approval, and
q it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or nusused in
any other manner in any project upon wtuch 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
pa~d pursuant to tl~s or any other grant agreement It shall obtain the approval of
the State as to any determination of the amount of such funds It shall return the
recovered share, including funds recovered by settlement, order or judgment, to
the State It shall furmsh to the State, upon request, all documents and records
pertoamng to the detenmnatlon of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds All settlements
or other final positions of the Sponsor, in court or otherwse, revolving 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 wtuch 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 facflit~es 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 wluch may be affected by the project
3 The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to actiwties of the
Sponsor, the Sponsors agents or employees performed under flus agreement The
Sponsor, to the extent of its legal anthonty 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 w~th the federal grant ~n the acqmsit~on of such property interests,
and that a~rport property identified walun the scope of tlus project and Attorney's
Certificate of Airport Property Interests shall be pledged to ~urport use and shall
not be removed from such use w~thout prior written approval of the State, and
the Sponsor shall subnut to the State annual statements of turport revenues and
expenses as requested, and
all fees collected for the use of an a:rport or nawgat~onal facility constructed w~th
funds provided under the program shall be reasonable and nond~scnnunatory The
proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or nawgat~onal faclhty(~tes)
Sponsor shall not be reqmred to pledge raceme received from the nuneral estate to
mrport use unless state and/or federal funds were used to acqmre the mineral estate
of mrport lands or any tnterests therein, and
an Airport Fund shall be estabhshed by resoluuon, order or ordinance m the
treasury of the Sponsor, or e~dence of the prior creaUon of an eyastmg mrport
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 wathm
another fund, but must be accounted for m such a manner that all revenues,
expenses, retained earnings, and balances ~n the account are d~scermble 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 m smd
Airport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor All expen&tures from the Airport Fund shall be
solely for a~rport or a~rport system purposes Sponsor shall be ~nehg~ble for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has comphed wah the reqmrements of this subparagraph,
and
following completion of the project where a~rport hghting ~s part ora project, the
Sponsor shall operate such hghtmg at least at low intensity from sunset to sunrise,
and
insofar as it ~s reasonable and within ~ts power, Sponsor shall adopt and enforce
zomng regulations to restrict the height of structures and use of land adjacent to or
in the immediate v~c~mty of the a~rport to heights and act~wt~es compatible w~th
normal a~rport operatmns as provided in Tex Loc Govt Code Ann §§ 241 001
et seq (Vernon and Vernon Supp ) Sponsor shall also acquire and retain
awgatlon easements or other property interests ~n or nghts to use of land or
a~rspace, unless Sponsor can show that acqms~uon and retenuon of such interests
will be ~mpracucal or will result m undue hardslup to Sponsor Sponsor shall be
mehglble for a subsequent grant or loan by the State unless Sponsor has, prior to
Page 5 of 16
habdmes winch rmght be ~mposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees
4 The Sponsor's acceptance of tins Offer and ratification and adoption of the Agreement
incorporated herein shall be e~danced by execution of tins ~nstrument by the Sponsor, as
hereinafter provided, and smd Agreement shall comprise a contract, constituting the
obhgatmns and rights of the State of Texas and the Sponsor vath respect to the
accompbshmant of the project and the operation and maintenance of the a~rport Such
Agreement shall become effecUve upon execuuon of tins instrument and shall remain m
full force and effect for a period of at least 20 years
$ The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
~dent~fied above as defined m Title 49 U S C Sponsor agrees to assume responsibility for
operation of the facibty in compliance vath all applicable state and federal reqmrements
including any statutes, rules, regulations, assurances, procedures or any other directives
before, during and after the completion of tins project
6 The Sponsor by execution of tins grant, certifies that it has ~mplemented, or vail
~mplement dunng tins project, an effective airport pavement maintenance management
program, and ~t assures that ~t will use such program dunng the period of tins Agreement
It wdl prowde upon written request, such reports on pavement condition and pavement
management programs as the State deternunes may be useful Failure to comply vath tins
condmon may make the Sponsor ineligible for future grants
7 The Sponsor shall have on file vath the State a current and approved Attorney's Certificate
of A~rport Property Interests and Exinbit A property map
8 The Sponsor shall have on file vath the State
a Certification Regarding Drug-Free Workplace Requirements,
b Cert~ficatlon Regarding Pavement Preventive Maintenance
9 Unless othervase approved by the State, the Sponsor will not acquire or pernut any
contractor or subcontractor to acqmre any steel or manufactured products produced
outside the Umted States to be used for any project for airport development or nmse
compatlbdlty for winch funds are provided under this grant The sponsor will include m
every contract a prows~on implementing this special condmon
10 SPECIAL CONDITION Except for ~nstrument landing systems acquired vath AIP
funds and later donated to and accepted by the FAA, the Sponsor must prowde for the
continuous operation and maintenance of any navigational aid funded under the AIP
dunng the useful hfe of the eqmpment The sponsor must check the facility, mclu&ng
instrument landing systems, prior to comm~ssiomng 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 provtde for the adequate hghtmg or marlong of the obstruction if any
aeronant~cal study conducted under FAR Part 77 deternunes that to be acceptable, and
mark and hght the runway, as appropriate The Federal Avlatton Admtmstratton will not
take over the ownership, operation, or maintenance of any sponsor-acquired equipment,
except for mstrument landing systems
11 The Sponsor's acceptance of tlus Agreement and rattficatton and adoptton of the .4arport
Project Parttclpatton Agreement tncorporated herein shall be e~denced by execuuon of
th~s instrument by the Sponsor, as hereinafter provided, and flus Offer and Acceptance
shall comprise a Grant Agreement, as provided by the Tttle 49 U S C, constttutmg the
contractual obhgattons and rights of the Umted States, the State of Texas and the Sponsor
w~th respect to the accomphshment of the Project and comphance w~th the assurances and
condttlons as provided hereto Such Grant Agreement shall become effective upon the
State's written Not,ce to Proceed ~ssued following execution ofth~s agreement
Part IV- Nomination of the Agent
1 The Sponsor hereby designates the State as the party to apply for, receive and dtsburse all
funds used, or to be used, tn payment of the costs of smd project, or tn reimbursement to
etther of the parttes hereto for costs recurred
2 The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done m comphance wth all applicable state and federal requirements including
any statutes, rules, regulattons, assurances, procedures or any other &rectives, except as
otherwise spectfically provtded hereto
3 The State shall, for all purposes ~n connectton w~th the project tdentlfied above, be the
Agent of the Sponsor The Sponsor herewith grants the State a power of attorney to act
as tts agent to perform the following services
Recetvmg Disbursing Agent
a apply for, accept, receive, and deposit w~th the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the Umted
States under Tttle 49 U S C and congressional appropriation made pursuant
thereto, and the Sponsor,
b recetve, revtew, approve and process Sponsor's retmbursement requests for
approved project costs, and
c pay to the Sponsor, from granted funds, the pomon of any approved reasonable
and eligible project costs incurred by the Sponsor that are ~n excess of the
Sponsor's share
Page 8 of 16
Paying Agent
d receive, review, approve and pay invoices and payment requests for serv:ces and
materials supplied in accordance with State executed contracts,
Contracting Agent:
e advertise for professional engmeenng and/or planning services for, but not hnuted
to, the preparation of planmng stud:es, plans and specifications for the above
project and for the management of the construction of the above project, certify
consultant selection procedures, provade 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 H~stoncally
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 rewew project plans, specifications and construction, coordinate
and conduct progress and final inspections
Construction Phase:
authorize the advertisement, receipt and opemng 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 th~s project,
partic~pate in pre-bid and pre-construction conferences, and issue orders as it
deems appropriate regarding construction progress, including but not hmited 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 flus project The
power of attorney, as granted by the Sponsor to the State in Part IV - Nonunatlon of
Agent, is a limited power to perform acts in connection w~th 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 ~tems may require ht~gatmn
and other remedies of law
4 The United States and the State of Texas shall not be responsible or hable for damage to
property or injury to persons wluch may arise from, or be incident to, compliance with this
grant agreement
5 This Agreement ~s executed for the sole benefit of the contracung parties and ~s 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,
c Notification that consideration will be given to ternunating 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 wlflun 45
days after receipt of the notice of suspension or termination
Page 10 of 16
7 Thts Agreement ts subject to the apphcable provtstons of Tttle 49 U S C, the V T C A
Transportation Code, Tttle 3, Chapters 21- 22, et seq, (Vernon and Vernon Supp ), and
the A~rport Zomng Act, Tex Loc Govt Code Ann §§ 241 001 et seq (Vernon and
Vernon Supp ) Failure to comply with the terms of tlus Agreement or voth the
aforementtoned rules and statutes shall be considered a breach of thts contract and will
allow the State to pursue the remedies for breach as stated below
a Of primary importance to the State ts compliance voth the terms and conditions of
this Agreement If, however, after all reasonable attempts to require compliance
have faded, the State finds that Sponsor is unw~lhng and/or unable to comply vath
any of the terms and con&tlons oftlus Agreement, the State may pursue any of the
following remedtes (1) reqmre a refund of any money expended pursuant to the
Agreement hereto, (2) deny Sponsor's future requests for atd, (3) request the
Attorney General to bring stat seeking retmbursement of any money expended on
the proJect pursuant to the Agreement hereto, provtded however, these remedies
shall not hm~t the State's authority to enforce Its rules, regulations or orders as
otherwise provided by law, (4) declare this Agreement null and void, or (S) any
other remedy available at law or tn equity
b Venue for resolutton by a court of competent junsdmtton of any dtspute arising
under the terms of this Agreement, or for enforcement of any of the provisions of
th~s Agreement, Is spectfically set by Agreement of the pames hereto tn Travts
County, Texas
8 The State reserves the right to amend or withdraw ttus Agreement at any ttme prior to
acceptance by the Sponsor The acceptance period cannot be greater than 30 days af~er
tssuance unless extended by the State, which extenston shall not be unreasonably be domed
or delayed
9 This Agreement constttutes the full and total understanding of the parttes concerning thetr
rights and respons~bdmes m regard to tlus project and shall not be modtfied, amended,
rescmded or revoked unless such modtficatlon, amendment, resctsston or revocatton is
agreed to by both part,es in writing and executed by both parttes
10 All commitments by the Sponsor and the State hereunder are subject to constttUtlonal and
statutory hmttattons and restrictions bmdmg upon the Sponsor and the State (mcludmg §§
5 and 7 of Amcle 11 of the Texas ConstItution, tf applicable) and to the availability of
funds whtch lawfully may be apphed
Page 11 of 16
Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does hereby ratl~ and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to tn the foregoing Agreement, and does hereby accept the Offer, and by such
acceptance agrees to all of the terms and conditions of the Agreement thereof
Executed thts /~--~ dayof ~ ,1999
The City of Denton. Texas Sponsor
~ ~/ith-~S,gn;tur~ .... Slg~ture ~/ ff
C~ty 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 ce~ify 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 smd Agreement by satd Sponsor, m in accordance w~th the laws of the State of
Texas
Dated at Denton ,, Texas, this 21st day of October , 1999
~Itnes-~ S~gn~ture ~ Attorney's Signature ~"
Admzniptrative Secretary City Attorney
Witness Title Title
Page 12 of 16
Part VH - Acceptance of the State
~F~T~ OF TEXAS
TEXA AR OR ON
David S Fulton,
Aviation D~vlslOn
Texas Department of Transp~iO~
Page 13 of 16
CERTIFICATION OF AIRPORT FUND
TxDOT Contract No 7X2FA086
TxDOT CSJ No 9742DNTON
TxDOT Project No AP DENTON
The C~ty of Denton does hereby certtfy that the General Fund All'port Fund
(Name of Fund)
has been established for the C~ty of Denton, and that all fees, charges, rents, and money from any
source derived from mrport operatmns will be depostted for the benefit of the Airport Fund and
will not be d~verted for other general revenue fund expen&tures or any other speeml fund of the
C~ty of Denton and that all expenditures from the Fund will be solely for mrport purposes Such
fund may be an account as part of another fund, but must be accounted for ~n such a manner that
all revenues, expenses, retained eammgs, and balances m the account are d~scermble from other
types of moneys ldenttfied tn the fund as a whole
The C~ty,gf_Djent, on, Texas, has caused tbs to be duly executed m ~ts name, tbs /~5~~-2'~ day
of ~4~1.~1'~I~,~_ -,~ ~ , 1999
The C~ty of Denton, Texas
(Sponsor)
Page 14 of 16
CERTIFICA i ION REGARDING PAVEMEN I PREVENTIVE MAIN FENANCE
TxDOT Contract No 7X2FA086
IxDOT CSJ No 9742DNTON
TxDOT Project No AP DENTON
Tile C~ty 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 repa. ed with Federal financial
assistance at tire airport It will provide such reports on pavement condmon and pavement
management programs as the State determines may be useful
Ire CItD,_of Denton, Texas
(SPONSOR)
(SIGNATURE)
Alrport Manager
("1 FI LE)
--- '/ (6ATE)
Page 15 of 16
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A The grantee cerises that ~t will or wdl continue to provide a drug-free workplace by
(a) Pul~hshmg a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or uso Of a controlled substance ~s prohibited m the ~sutee's workplace and spee~fymg the actions that w~ll be taken
against,employees for violation of such protubmon
(b) Estabhslung an ongoing drug-frce awareness program to reform employees about-
(l) The dangers of drug abuse m the workplace,
(2) The 8rent~e's policy ofmamtamm8 a drag-flee workplace,
(3) Any available drug counseling, rehablhtatlun, and employee assistance programs, and
(4) The penalUas that may be Imposed upon employees for drug abuse vlolat~uns occurring m the workplace,
(o) Making ~t a requu'~ment that each employee to be engaged m the performance of the grant be 81van a copy of the
statement reqmred by paragraph (a),
(d) Notifying the employee m the statement requu-ed by paragraph (a) that, as a condmon of amployment under the
grant, the employee will-
(l) Abide by the terms of the statement, and
(2) Not~fy the employer m writing of h~s or her conviction for a v~olat~on of a criminal drug statute occurring m
the workplace no later than five calendar days al~er such cunv~cUon,
(e) Notifying the agency m w~tmg, w~thm ten calendar days after receiving not,ce under paragraph (d)(2) from an
employee or otherwise receiving actual not,ce of such cenvlct~on Employers of conwcted amployees must prowde
noUce, including posmon t~tle, to every grant officer or other designee on whos~ grant actmvlty the ennv~cted
employee was worlong, unless the Federal agency has designated a central point for the receipt of such not~ees
Notmees shall include the identification number(s) of each affected grant,
(f) Ta!~ng one of the following ant~uns, within 30 calendar days of receiving not,ce under paragraph (d)(2), w~lh
respect to any employee who ~s so conwcted-
(1) Taking appropriate personnel ant~un against such an employee, up to and including temunat~on, consistent
w~th the reqmraments of the RehabthtaUun Act of 1973, as amended, or
(2) Reqmnng such employee to participate satisfactorily m a drug abuse assistance or rehabd~taUon program
approved for such purposes by a Federal, State, or local health, law enforcement, or other approprmte
agency,
(g) Making a good froth effort to cuntmue to maintain a drug-free workplace through unplementat~on of paragraphs
(a), Co), (c), (d), (e). sud
B The grantee may mser~ m the spaee provided below the s~te(s) fer the performance of werk done m conneetmn w~th
the specific grant
Place of Performance (Street address, c~ty, county, state, mp code)
5000 Airport: RD
C:Lty o£ Denton
Denton County, TX 76207
Cheek ~..~there are workplaces on file th/~e not ~dent~ hem
[q±c~ael ~. J/z, _~anaser
Typed Nme sud T~tle o1[ Sponsor Representative
Page 16 of 16
ATTACHMENT A PART V ASSURANCES
A~rport Sponsors
A General
I These aesurancss shall be complied with In the pen'ormance of grant agreements for alrporl development
elrport planning, end noise oompetlbllity program grants for airport sponsors
g These aseuranoes are required to be submitted as part of the IxoJcot Airport Project Participation Agreement (
herinafter referred to os 'APPA") by sponsors requesting funds under the provisions of Title 49, U S C, subtitle
VII, ss amended Ae used hersln, the term "public agency sponsor" means o public agency with control of a
public-use airport, the term "private sponsor" means a prlvcte owner of a public-uss airport and the term
"sponsor" Inoludse both publlo ogenoy sponsors and private sponsors
3 Upon e4x;sptanoe of the grant offer by the sponsor, these aseursncns ere Incorporated in and become part of
the grant agreement
B Duretlo~ and Applicability
Airport development or Noise Compatibility Program ProJacto Undertaken by o Public Agency 8ponenr
The terms, oonditlono and mmurancse of the grant agreement shall remain In full fome and effect throughout the
useful life of the facilities developed or equipment acqulrad for an elrport development or noise oompetlbillty
program project, or throughout the useful life of the project items Installed within a facility under o noles
compatibility program project, but In any event not to exoeed twenty (20) years from the date of acoeptanoe of a
grant offer of Federal funds for the project However, there shall be no limit on Ihs durstlon of the ansurensss
regarding Exclusive Rights and Airport Revenue so long as the airport Is used aa an alrpo~ There shall be no
limit on the duration of the temm, conditions, and essuranoss with respect to real property acquired with federal
funds Furthermore, the duretlon of the Civil Rights assurance shell be epeclflnd in the assurances
2 Airport Development or Noise Compatibility Projects Undertaken by o Private Sponsor The preceding
paragraph 1 also applies to e pdvate sponsor except that the useful life of project items installed within a facility
or the useful life of the facilities developed or equipment ecqulrad under an airport development or noise
compatibility program project ohait be no less than ten (10) years from the date of acoeptanoe of Federal aid for
the project
3 Airport Planning Undertaken by a Sponsor Unless otherv~ss specified In the grant egrsement, only
Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 In section C apply to planning proJacte The terms
conditions and assurances of the grant agreement shall remain in full rome and effect during the life of the
project
C Sponsor CertlflcaUon The sponsor hereby assures and certifies with respect to this grant that
I General Federal Requirements It will comply with all applicable Federal laws regulations, executive orders
policies guidelines, and requirements as they relate to the 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), at ss~ ~
c Federsl Fair Labor Standards Act - 29 U S C 201, et ecq
d Hatch ACt- 5 U S C 1501, ct seq=
e Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U S C
4601. at eec ~ ~
National Hlatoflo Preservation Act of 1966 - Section 106 16 U S C 470(f) ~
g Amheologloal and Historic Preservation Act of t974 - 16 U S C 469 through 469c ~
h Native Americans Grave Repatriation Act - 25 U S C Section 3001 et sea
Clean Air Act, P L 90-148, as amended
Coastal Zone Management Act, P L 93-205, os amended
k Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U S C 4012a ~
Title 49 ,U S C, Section 303, (formerly known as Section 4(f))
m Rehabilitation Aot 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 see
p Amerioan Indian Religious Freedom Act, P L 95-341, as amended
q Amhttectursl Barriers Act of t9~8 -42 U S C 4151 et soo ~
Power plant and Industrial Fuel Uae Act of 1978 Section 403 2 U S C 8373 ~
s Contract Work Hours and Safety Standards Act - 40 U S C 327, et sea 1
Cspetand Antlklokback ACt - 18 U $ C 874 ~
u Netinnal Environmental Policy AOt of 196g - 42 U S C 4321. et eeo ~
v Wild end Soenk~ Rlvera Act, P L 90-542, as amended
w Single Audit Aot of 1984 - 31 U S C 7501, et sea 2
x Drag-Frae Workplace Act of 1988 - 41 U S C 702 through 706
Airport A~uranose (g/gg) State Modified (9/99) A-I
Excitative Orders
Executive Order I t 246 - Equal Employment Opportunity ~
Executive Order 11990- Protsution of Wellands
Executive Order f 1993 - Flood Ptsln Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 1269B - Sel~ic Safety of Federal and Federally Assisted New Building Construction ~
Executive Order 12898- Environmental Justice
Federal Reguletlona
a 14 CFR Part 13 - Inve~gative and Enforcement Procedures
b 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings
o 14 CFR Part 150- Airport noise oompetibility planning
d 29 CFR Part I -Procedurae far predeterminshon of wage rates ~
· 29 CFR Part 3 - Contrectom and subcontractors on poblic building or public work financed in whole or
part by loans or grants from the United States ~
29 CFR Pad 5 - Labor etandarde provisions applicable to contracts covering federally financed and
essieted oonetructlon (also labor standards provisions applicable to non-conetructlon contra~ts
subjoct to the Contrast Work Hours and Safety Standards Act) ~
g 41 CFR Part 60. Offloe of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor
(Federal and federally assisted contracting requirements) ~
h 49 CFR Part 18 - Uniform admlnletrstive requirements for grants and cooperative agreements to state
end local governments ~
49 CFR Part 20 - New restrictions on lobbying
49 CFR Part 21 - Nondisodminetlon in foderslly-aeslstsd programs of the Department of
Transportation. effectuetion of Title VI of the Civil Rights Act of 1964
k 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions
49 CFR Part 24 -Uniform relocation assistance and real property acquisdion for Federal and federally
assisted programs ~ ~
m 49 CFR Part 26- Participation By Disadvantaged Business Enterpdese 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 ~
o 49 CFR Part 29 - Government wide debarment and suspension (non-procurement) and government
wide requirements for drug-frae workplace (grants)
p 49 CFR Part 30 - Denim of public works contracts to suppliers of goods and services of countries that
deny procurement market aocees to U S contractors
q 49 CFR Part 41 - Seismic safety of Federal end federally aesieted or regulated new building
construction ~
Office of Management end Budget Circulars
a A-87 Cost Principles Applicable to Grants end Contracts with State and Local Governments
b A-133 - Audits of States, Local Governments, and Non-Profit Organizations
(1) These laws do not apply to airport planning sponsors
(2) These laws do not apply to private ~ponecrs
(3) 49 CFR Part 18 and OMB CImuler A-87 contain requlrsmente for State and Local
Govemments reoelvlng Federal assistance Any requirement levied upon State and Local
Governments by this regulation and sircutar shell also be applicable to private sponsors
receiving Federal aesietanoe under Title 49, United States Code
Specific assurances requlrsd to be Included in grant agreements by any of the above laws, regulations or
circulars are Incorporated by referance In the grant agreement
2 Responsibility and Authority of the Sponsor
a Public Agency Sponsor It has legal suthority to apply for the grant, and to flnanoe and osrry 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 fiitng of the APPA including all
understandings and aesursnces contained therein, and directing and authorizing the parson 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 E has legal authority to apply for the grant and to finance and carry out the
proposed proJec~ and comply with all terms, oonditioos, and assurances of this grant agreement It
shall designate an offlolal representative and shall in writing direct end authorize that person to file
this APPA, Including all understandings and essurences contained therein to ant In oonnoction with
this APPA, and to provide such additional information as may be required
3 Sponsor Fund Ava#ability It has euffioisnt funds avaiteble for that portion of the project GOatS which are net
to be paid by the United States It es euffioisnt funds available to assure operation and maintenance of items
funded under the grant agreement which it will own or control
4 Good Title
a It, a public agency or the Federal government, holds good title, eatistsntory 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 Aesura~es (g/gg) Stats Modified (9/99) A-2
b For noise oompstlbllity program projects to be cer~sd out on the property of the sponsor ti holds
good title estistactocy to the Secretary to that portisn of the property upon which Federal funds will be
expended or will gna assuraoce to the Secretary that good title will be obtained
ti Preserving Rights and PoWer~
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, oonditlons, and aaauran~ss in the grant agreement
without the written approval of the Secretary, and will act promptly to acquire extinguish or modify
any outstanding rights or olalme of right of others which would interfere with suoh performanoe by the
sponsor This shall be done in a manner eoceptabis to the Secretary
b It will not ssll, isass, aocumber, or other.riss transfer or dlsposs of any part of Its title or other
Interests in the property shown on ExhibIt A to this APPA or, for a noise oompatibllity program project,
that portion of the property upon which Federal fuoda have been expanded, for the duration of the
terms, oonditisna, end e~uranoss In the grant agreement without ppprovsl by the Sacratsry If the
traneferss is found by the Se~'.ratsry to be eligible under Title 49, Untied States Code, to assume the
obllgetlone of the grant agreement and to have the power, authority, and flnanolst rssoumss to oaffy
out all suoh obligodon~, the sponsor shall insert In the ocntract or decument transferring or disposing
of the aponacr'e interest, end make binding upon the tranaferes all of the terms oondihona, and
assuranoes oontstned in this grant agreement
o For all noise compatibility program projects which are to be carried out by another unit of Iocst
government or are on property owned by a unit of local government other than the sponsor, ti will
enter Into an agreement with that government Except aa etherwiss apectfled by the Secretary, that
agreement shall obligate that government to the same terms, cocditisns, and assurances that would
be applicable to It If It applied dlracity to the FAA for a grant to undedake the noise compatibility
program project That agreement and changes thereto must be sstiafaotory to the Sacretsry It will
take eteps to enforoa this agreement against the local government If there is substantial non-
compliance with the terms of the agreement
d For noise oompstlbllIty program projects to be carried out on privately owned property, it will enter into
an agreement with the owner of that property which Inctudsa provisions specified by the Secretary It
will take Maps to anforoe this agreement against the property owner whenever there la eubetantlal
non-compliance with the terms of the agreement
· If the sponsor Is a privets sponsor, it will take steps satisfactory to the Secretary to ensure that the
airport will continue to function as a public-uss airport in aocordaace with these assurances for the
duration of these assurances
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 accordanoe 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
Conststency with Local Plans The project is reasonably consistent with plans (existing at the time of
submission of this APPA) of public agenoisa that ere authorized by the State In whioh the project Is located to
plan for the development of the area surrounding the airport
7 Consideration of Locst Interest it hec given fair ocnalderatlon to the Intersat of oommunitisa in or near where
the project may be located
8 Consultation with Users In making a daclston to uodertake any airport development project uoder Title 49,
UnIted States Code it has undertaken reasonable consultations wIth affected parties using the airport at which
project is proposed
Public Hssrlnga th 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 aconomlo,
social, and environmental effects of the airport or runway location and its consistency wIth goals and objectives
of ecoh planning ae has been oarrisd out by the community and it shall when requested by the Secretary,
submIt e copy of the transcript of such hearings to the Secretary Further, for such projects, it hss on Its
management board eIther voting representation from the communIties where the project ia located or has
advised the oommunitisa that they have the right to petItion the Secretary ooncermng a proposed project
10 Air and Water Quality Standards In projects involving aitport Iocstton, a major runway extension, or runway
location it will provide for the Governor of the state in which the project ia located to certify in writing to the
Secretary that the project will be located designed, constructed, and operated ac aa to comply with applicable
air and water quality etandsrds In any case where such standards have not been approved and where
applloebis air and water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency. certlfloatlon shall be obtained from aoch Administrator Notice of certification or refusal to
certify shall be provided wIthin sixty days alter the project APPA has been received by the Secretary
11 Pavement Preventive Maintenance WIth respect to a project approved alter January 1, 1995, for the
replacement or reconetmctisn of pavement at the airport, It assures or oertlitss that it has implemented an
effective airport pavement maintenance-management program and it assures that it will uae such program for
the useful life of any pavement oonetruotod, reconstructed or repaired with Federal financial assistance at the
airport It will provide auoh reports on pavement condition and pavement management programs ss the
Secretary determines may be useful
Airport Assura~ss (9/99) State Modified (9/99) A-3
12 Terminal Development Prerequisites For projects which Include terminal development at a public use
atrport, 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 eection 44706 of Title 49 United States Code, end 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 paesengem enplaning and deplaning from aircraft other than sir carrier
aircraft
13 Accounting System, Audit, and Record Keeping Requirements
a It shell keep ell project ancounte end rscorde which fully disclose the amount and disposition by the
recipient of the proceeds of the grant, the total cost of the project In ccnnsctlon with which the grant Is
given or used, and the amount or nature of that portion of thecoat of the project supplied by other
scumee, end ~uoh other financial recerd~ pertinent to the project The a~ounte end reeord~ ~hell be
kept in accordance with an accounting system that will facilitate en effective audit in accordencs with
the Single Audit Act of 1984
b It shell make available to the Secretary and the Comptroller General of the United States, or any of
their duly authorized representatives, for the purposs of audit and exeminefion, any books,
dccumente, pepsin, and re~ords of the recipient that ere pertinent to the grant The Secretary may
require that an appropdste audit be conducteq by a recipient In shy case in which an independent
audit Is mede of the ecoounte of a sponsor relating to the dlepooltlon 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 slx (6) months following
the close of the fiscal yesr for which the audit was mede
14 Mtelmum Wage Rates It shell Include, in all contracts in excess of $2,000 for work on any proJecte 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
276s-276a-5), which oontrectom shell pay to skilled and unskilled labor, and such minimum rates shall be
stated In the invitation for bide end shall be Included in proposals or bids for the work
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 ara necessary to insure that, in the employment of labor
(except In executive, admlnletrettve, end supervisory positions), preference shall be given to Veterans of the
Vietnam ere end disabled veterans as defined in Sscthin 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
emptoyment relates
1fi Conformity to Plans and Spectflcatlone It will execute the project subject to plane, epsclfloations, and
schedules approved by the Secretary Such plane, specifications, and schedules shall be submitted to the
8scretery 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 matntaIn competent technical supervision et the
construction site throughout the project to assure that the work conforms to the plans, epsclfioatlone, end
schedules approved by the Secretary for the project It shall subject the construction work on any project
contained In an approved project APPA to thepe~tlon and approval by the Secretary and such work shall be in
accordance with regulations and procedures prescribed by the Secretary Such regulations and prooedurss
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 actlvfiles
c It vail include in all published material prepared in connecbon 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 metedal
prepared with funds under this project shall be eubjsct to copyright In the United States or any other
ccuntry
e It will give the Secretary unrestricted autherity to publish, disclose distribute, and otherwise use any
of the material prepared in connection with this grant
It wdl grant the Secretary the right to dmapprove the sponsor's employment of specific consultants
and their subeontrantore to do all or any part of this project as well as the right to disapprove the
proposed scope and cast of professional services
g It will grant the Secretary the right to disapprove the use of the sponsor's employees to do ell or any
part of the project
h it understands and agrees that the Secretary's approval of thre project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply any
essurecce or ccmmltment on the part of the Secretary to approve any pending or future request for e
Federal airport grant
Airport A~urancee (9/99) State Modified (9/99) A-4
19 Operation end Maintenance
a The airpod and all fecilitlss which ars necessary to serve the aeronauUcal users of the sirpod, other
than facilities owned or controlled by the United States, shall be operated at all tlmss in a safe and
esrvtceable condition and in eccordsnoe with the minimum standsrds as may be required or
prescribed by applicable Federal, state and local agencies for maintenance and operation It wilt nut
cause or permit any activity or aotlsn thereon which would interfere with Its uae for airport purposes fl
will suitably operate and mstntstn the airport and all facilities thereon or connected therewith, with due
regard to climatic and flood conditions Any proposal to temporsrily close the airport for non-
aeronautiost purpsseo must first be approved by the Secretary
In furtherance of this assurance, the sponsor will have In effect arrsngemants for-
(1) Operating the aiq~ctt's aeronautical facilities whenever required,
(2) Promptly marldng and lighting hazards resulting from airport conditions, Including temporary
conditions, and
(3) Promptly nogfylng alrmeo of any condtilon affecting aeronautical use of the
Nothing contained hersin ~hstl be construed to require that the airport be operated for aeronautical
use during tempormy periods when snow, flood or other climatic conditions interfere with such
operation and maintenance Further, nothing herein shall be construed aa requiring the maintenance,
repsir, rsstorstlon, or replacement of any structure or facility which is substantially damaged or
dssfroyed due to an act of God or other condition or clmumstsnce beyond the control of the sponsor
b It will suitably operate and maintain noise compahbility 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 es is
requlrsd to protect Instrument end ViSUal operstions to the airport (Including established minimum flight
altitudes) will be adequately cleared and protected by removing lowering, relocating, marking, or lighting or
otherwise mitigating axle/lng airport hazards and by preventing the establishment or creation of future strport
hazards
21 Con~atible 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 stmraf~ In addition, If the project
for noise compatibility program implementation, it will not cause or permit any change In land uae, within Its
Juriedlution, that will reduce its compatibility, with respect to the mrport, of the noise compatibility program
measures upon which Federal funds have been expended
22 Economic Nondiscrimination
a It witl 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
ia granted to any person, firm, or corporation to conduct or to engage in any aeronautical acflvity for
furnishing sen'loss to the public at the airport, the sponsor will insert and enfome provisions requiring
the contractor to-
(l) furnish said ssrvlces 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 8ervica, provided that
the contractor may be allowed to make reasonable and nondiscriminatory diecouhta, rebates, or other
similar types of prlca reductions to volume porohesers
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-bassd operators making the same or simitar
uses of such airport and utilizing the same or similar facilities
d Each air carrier using such airport shall have the right to service itastf or to use any fixed-bazed
oparstor that Is authorized or permitted by the airport to serve any air carrier at such airport
· Each air carder uclng such airport (whether as a tenant nontenant, or subtenant of another air carder
tenant) shall be ecbJect to such nondiscriminatory and subetsntistly comparable rules regulations
conditions, rates, fees, rentals, and other charges with respect to fec:hties 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 aa tenants or
nontenanta end signatory carders and nonelgnctory carriers Claesitication or status as tenant or
signatory shall not be unreasonably withheld by any airport provided an air carrier assumes
obligations eubetsntlstly similar to those already Imposed on air carriers in such classification or
status
It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operstlng aircraft on the airport from performing any services on its own aircraft with Its
own employees [including, but not limited to maintenance repair, and lusting] that it may choose to
perform
g In the event the sponsor itself exercises any of the rights end privileges referred to in this assurance
the services involved will be provided on the same conditions aa would apply to tha 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 sirport aa may be necessary for the safe and efficient operation of the airport
Alrpod ASS[Irsncss (9/99) State Modified (9/99) A-5
The sponsor may prohibit or limit any given type, kind or claes of seroneuticsi use of the airport If
such action is necessary for the safe operation of the airport or naceessry to serve the civil aviation
needs of the publl~
Exclusive Rights It will permit no exclusive right for the ues of the slrpori by any paracn providing, or
Intending to provide, seronaufiosi services to the public For purposes of this parograph, the providing of the
esrvises st an slrpori by s single fixed-besed operator shall not be constroed es sn exclusive right If both of the
following apply
a It would be unresoonsbly costly, burdensome, or impractical for more than one fixed-based operator
to provide such services, end
b If ellowthg more then one fixnd-besed operator to provide such esrvlose would require the reduction
of apace leased pureuant to an existing agreement between such single fixed*pesnd operator and
such airport
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporedon, the
excluNve right at the airport to ocnduct Shy aeronautical activities, including, but not limited to charter flights,
pilot training, aircraft rental and slghtseslog, serial photography, crop dusting, serial edvs~sing and ~Jrveylog,
sir cartier operations, aircraft ~ales and services, sale of svlagon petrctsum products whether or net ocnducted
In conjunction with ether aeronautical activity, repair and maintenance of sirorafi, sale of aircraft parts, and shy
other ecfivitles which bsusues of their direct relationship to the operation of aircrafi can be regarded u an
seronsutlnsl activity, and that It will terminate any exclusive right to conduct an aeronautical activity now existing
st such sn airport before tho grant of any assistance under Title 49 United States Code
24 Fee end Rental Structure It will msintsins tse end rental etructura for the facllitise and services et the airport
which will make the airport as self-~uctsining es possible under the circumstances existing at the particular
slrpurt, taking into account such factors es the volume of traffic and economy of octlactlon No peri of the
Federal share of an airport development sirpori planning or noise compatibility project for which · grant is
made under Title 49, United States Code, the Airport end 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, end charges for uesra of that airport
Airport Revenues
a All revenues generated by the airport and any local taxes on aviation fuel estsblishnd afier December
30, lg87, 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 ere directly end eubetantislly related to the actual air transportation of passengers or
property, or for noise mitigation purposes on or off the airport Provided, however, that if osveosnte 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 operator's financing, provide for the use of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but also the airport owner or operator's
general debt obligations or other facitltiss, then thee 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 ccooernlng, the uae of airport
revenue end taxes In paragraph (e), and indicating whether funds paid or transferred to the owner or
operator are paid or transferred in · manner ocnsietent with Title 49, United States Code and shy
other applicable provision of law, Including any regulation promulgated by the Secretary or
Administrator
c Any civil penalties or other sanctions wilt be imposed for violation of this assurance In accordance
with the provisions of Section 47107 of Title 49, United States Code
28 Reports and Inspection s It will
a submit to the Secretary such annual or special financial and operations reports aa 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 e format prescribed by the Secretary,
b for airport development projects make tho airport and all airport records and documents affecting the
airport, including deeds, leases, operabon and use agreements, regulations and other instroments
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 avallabis 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 esoh of Its fiscal yesrs, en annual report listing In detail
(i) all amounts paid by the slrpurt to any other unit of government end the purposes for which
each such payment was made, end
(ii) all services and property provided by the airport to other units of government end the
amount of compensation received f~ provision of each such service and property
27 Uss by Government Aircraft It will make available all of the facitities of the airpori developad with Federal
financial essietance and all those usable for landing and takeoff of sircrofi to the United States for use by
Government aircraft tn common with other sircrafi at all times without charge, except If the use by Government
sircrafi is eubetantial, charge may be made for a reasonable share, proportional to such use, for the cast of
operating and maintaining the fecllitiss used Unless otherwise determined by the Secretary, or otherwles
Airport Assurances (9/99) 8tats Modified (9/99) A-6
agreed to by the sponsor and the using agency substantial uae of an airport by Government aircraft will be
cormldered to exist when operations of such aircraft are in excess of these which In the opinion of the
Seorstary, would unduly interfere with uae of the landing areas by other authorized aircraft, or during any
calendar month thst-
a Five (5) or more Government aircraft are regularly baaed at the airport or on land adjacent thereto or
b The total number of movements (counting each landing as e movement) of Government sirorsit is
300 or more, or the gross accumulative weight of Government aircraft using the airport (the total
movement of Government aircraft multlpitnd by gross weights of such eiroraff) is in excess of five
million pound~
28 Land for Federal Faclllttsa It will furnish without cost to the Federal Government for uae In connection with
any air traffic control or sir navlgstion astivitlaa, or westher-repcrting and communication activities related to sir
trsffl~ control, any areas of land or water, or estate therein, or rights In buildings of the sponsor aa the Secretary
considers necessary or desirable for construction, operotlon, end mslntenanse at Federal expense of space or
fecititlss for ouch purposes SUch areas or any portion thereof will be made available as provided herein within
four months after recsipt of a written request from tha Secretary
2g 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 vath the boundaries of all offsita areas owned or
controlled by the sponsor for airport purpeses and proposed additions thereto, (2) the lesaflon and
nature of all existing and propesed airport facllitlss and structures (such as runways, taxlways,
aprons, terminal buildings, hangars end roads), Including all propesed extensions and reductions of
existing airport facilities, and (3) the location of all existing and proposed nonaviation areas and of all
existing Improvements thereon Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly author[zed 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 aa approved by the
Secretary and which might, in the opinion of the Secretary, adversely affect the sefsty, utility or
efficiency of the airport
b If a change or alteration in the airport or the fac~litIss is made which the Secretary determines
adversely afts~ts the safety, utility, or efficiency of any federally owned leased, or funded property on
or off the airport and which ia not In conformity with the airport layout plan aa 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 proper~y (or
replacement thereof) to a site aessptable to the Secretary and ell 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 fecildlas
30 Glvit Rights It will comply with such rulss se are promulgated to sesuro that no person shsil, on the grounds
of rooe, creed, color, natlonsi origin, sex, age, or handicap be excluded from partiolbsting in any activity
conducted with or benefiting from funds received from this grant This assurance obligsise the sponsor for the
period during which Federal financial assistance is extended to the program, except where Federal financial
aselatsnce is to provide, or la In the form of personal property or real property or interest therein or otrustures or
improvements thereon in which cass the assurance obligates the sponsor or any transferee for the longer of the
following periods (e) the period during which the property is used for s purpose for which Federal financial
assistance la 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 Dtsposel of Land
a For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land,
when the land la no longer needed for such purposes, at fair market value, at the earliest prao~able
time That portion of the proceeds of such disposition which is proportionate to the United States'
share of acquisition of ouch 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 no,ss
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
dlapesltlon which la proportionate to the United States' share of the cost of ecqulaltton of such land
will, (a) upon appllostlon to the Secretary, be reinvested in another eligible airport Improvement
project or projects approved by the Secretary at that airport or within the national mrport system or
(b) be paid to the Seorstary for deposit in the Trust Fund If no eligible project exists
(2) Land shall be considered to be needed for airport purpesse under this assurance If (a) it may be
needed for aeronautical purposes (including runway protection zones) or serve aa noise buffer land
and (b) the revenue from interim uses of such land contributes to the financial asif-auffisiency of the
airport Further, land purohseed with s grant received by an airport operator or owner before
December 31, 1987, will be considered to be needed for airport purposes if the 8ecrotary or Federal
agency making such grant before Decembsr 31 1987, wse nntif~ed by the operator or owner of the
uses of such land, did not object to such uss, and the land oontinuss to be used for that purpose,
such use having commenced no later than December t 5, 1989
Airport Assursnoes (9/99) State Modified (g/99) A-7
c Disposition of such land under (a) or (b) will be subject to the rctantlo~ or reservstlon of any interest
or right therein necessary to ensure that such land will only be used for purposes which are
compatible with noise levels asseslated with operation of the airport
32 Engineering and Design Services It will award each contract or sub-contract for program management
construction management, planning studies, feasibility studies, architsctural services, preliminary engineering,
design, engineering, surveying, mapping o~ related services with respect to the project In the same manner aa a
controct for emhltsclural and snglnesrlng services is negotiated under Title IX of the Federal Property and
Administrative Services Act of 1949 or en equivalent qualifications-based requirement prescribed for or by the
sponsor of the airport
33 Forstgn Market Restrictions It witl not aitow funds provided under this grant to be ussd to fund any project
which uses any product or service of a foreign country during the pericd 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, Standarde, and ;;peclflcatlons It will carry out the proJsct in accordance with policies, standards
and ~psclflostions approved by the Secretary Including but not limited to the advisory clmulsre listed in the
Current FAA Advisory Clmulara for AlP projects, dated 711/9g and Included in this grant and in sncordancs with
applicable state policies, standards, and speolticstions approved by the Secretary
36 Rstocatlon and Resl Property Acqulsttlon (1) It will be guided In acquiring raal properly, to the grestest
extent practicable under State law, by the land acquisition policies in Subpari B of 49 CFR Part 24 and will pay
er reimburse property owners for necessary expenses aa specified In Subpart B (2) It will provide a relocation
assistance program offering the services described In Subpart C end fair and reasonable relcoatlon payments
and assistance to displaced parsons aa required in Subpari D and E of 49 CFR Part 24 (3) It will make
available within a reasonable period of time prior to (:lleplscement, comparable replecement dwellings to
displeced persons in accordance with Subpart E of 49 CFR Part 24
36 Access By Interc#y Buses The airport owner or operator will permit, to the maximum extent prsctloable,
Interoity buses or other modes of tranaportstlon to have access to the airport, however, it has no obligation to
fund epeolal facilities for Intemity buses or for other modes of transportation
37 Dlesdvantnged Bustness Enterprises The recipient shall not discriminate on the basis ct race, color,
nstlonal origin or sex in the award end performance of any DOT-assisted 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 reoiplent's DBE program, aa required by 49 CFR Part 26, and es approved by DOT is
incorporated by reference in this agreement Implementation of this program is a legal obligation and fallura to
carry out its terms ahait be treated as a violation of this agreement Upon notification to the recipient of its failure
to carry out its approved program, the Department may impose sanctions aa provided for under Part 26 and
may in appropriate cases, refer the matter for enfomement 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 (g/99) A-8
CURRENT FAA ADVISORY CIRCULARS FOR AlP/PFC PROJECTS Updated on 7/t/99
The following apply to both A[P and PFC Projects
NUMSER TITLE
70/7460-1J ObMruotion Marking and Lighting
150/5000 19 Annouecament of Avatlablllty-RTCA lac Dooument RTCA-221 Guidance and
Recommended Requirements for Airport Burfaca Movement Sensors
150/5100 14C Amhltectural, Enginsedng, and Planning Consultant Sewicec for Airport Grant Proje~s
150/5200-30A, CHG 1 & 2 Alrpod Winter Safaty and Operations
150/5200-3~ Hazardous Wildlife Attractants On or Near Airports
150/5210-5B Painting Marking end Lighting of Vehicles Used on an Airport
150/5210-TS Nroralt Fire and Rescue Communications
150/5210-1~A Water Resoue Plane Facilities, and Equipment
150/5210-14A Airport Fire and Rescue Pamonnsi Protective Clothing
150/5210-15 Airpstt Rescue & Firetightlng Station Building Design
1,50/5210-16 Syatems for Intere~lva Training of Airport Personnel
150/5210-19 DrIve~e Enhanced vision System (DEV8)
150/5220-4B Water Supply Syatema for AircreR Fire and Rescue Protection
150/5220-10B Guide Specllication for Woter/Foam Type Aimraft Rescue and Fireflghting Vah~es
150/5220-1;)B Runway Surface Condition 8enecr Spscifioation Guide
159/5220-16S Automated Weather Obcowlng Systems for NonFederal Applications
150/5220 I?A Declgn Standarda for Aircraft Rescue Flreflghting Training Facilities
150/5220 18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
150/5220 10 Guide Specification for Small Duel Agent Aircraft Rescue and FIreflghting Vehicles
150/5220 20, CHG 1 Airport Snow and lee Control Equipment
150/5220 2tA Guide Specification for Lilts Used to Board Aidine Passengers With Mobility Impairments
150/5300-13, CHG 1 2 3 4 5 Airport Design
150/5300-14 Dekign of Aircraft Deicing Facilities
150/5300-15 Use of Value Engineering for Engineenng Design of Airport Grant Projects
150/5320-5B Airpmt Drainage
150/5320-6D Airport Pavement Design and Evaluation
15015320-12C Measurement Construction, and Maintenance of Skid Resistant Airport Pavement
Burfaoec
150/5320-14 Airport Landscaping for Noise Control Purposes
15015320-16 Airport Pavement Design for the Boeing 777 Airplane
150/5325-4A CHG I Runway Length Requirements for Airport Design
150/5340-1G Standards for Airport Markings
150/5340-4C, CHG 1 & 2 Installation Details for Runway Centeriine Touchdown Zone Lighting Systems
15015340-5B CHG 1 Segmented Circle A~rport Marker system
159/5340 1dB, CHG 1 & 2 Economy Approech LJghtmg Aids
150/5340 I?B Standby Power for Non FAA Airport Lighting Systems
150/5340 18C, CHG 1 Standards for Airport Sign Systems
150/5340 l fi Taxiway Centerllne Lighting System
150/5340 21 Airport Miscellaneous Lighting Visual ,Nds
159/5340 23B Supplemental Wind Cones
15015340-2d, CHG 1 Runway and Takiway Edge Lighting System
150/5340 27A Air to*Ground Radio Control of Airport Lightmg Systems
150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting
15015345 5A Clmult Selector Swft=h
150/5345-7D CHG 1 Spscificafion for L824 Underground Electrical Cable for Airport Lighting Circuits
15015345-t0E Specification for Constant Current Regulators Regulator Monitors
150/5345-12C 8pacification for Airport and Heliport Beacon
150/5345 13A 8pacification for L841 Auxiliary Relay Cabinet Asecmbly for Pilot Control of Airport
Lighting Circuits
150/5345 20B, CHG 1 & 2 8pacification for L823 Plug and Receptacle Cable Connectors
150/5345 2~C Specification for Wind Cone Assemblies
150/9345 26D, CHG 1 Precision Approaoh Path Indicator (PAPI) Systems
150/5345 39B CHG 1 FAA Specitioetlon L853 Runway and Taxiway Contadina Retroreflective Markers
150/5345-42C C HG 1 8pec!floation for Airport Light Bases Transformer Housings Junction Boxes and
150/5345 43E Specification for Obstrust~on Lighting Equipment
150/5345-44F CHG 1 Specification for Taxiway and RunWay Signs
150/5345-45A Lightweight Approach Light Struoture
150/5340-46A Specification for Runway and Taxiway Light Fixtures
150/5340-47A Isolation Tmnsfotmare for Airport Lighting Systems
150/5340-45A Specification L854, Radio Control Equipment
150/9345 50, CHG 1 8pacification for Portable Runway Lights
150/5345 51, CHG 1 Specifioation for Discharge-Type Flasher Equipment
150/5345-52 Genedo Visual Glldcolope Indicators (GVGI)
150/5345 5~ (including addendum) Airport Lighting Equipment Ce~flcation Program
150/5360 g Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360 12A Airport Signing & Graphics
159/5360 1:) CHG 1 Planning and Design Guidance for Airport Terminal Facilities
150/5370 2C Operational Safety on Airports During Construction
150/5370-5B Conatmotion Progress and Inspection Report Airport Grant Program
150/5370 10A CHG 1 2, 3, 4 5 6 7 8 9 Standards for Specifying Construstton of Airports
150/5370 11, CHG I Uae of Nondestructive Testing Devices in the Evaluation of Airport Pavements
150/5370 12 Quality Control of Constm,Ydon for Airport Grant Projects
150/5390-ZA Heliport Design
150/5390 3 Vartlport Design
Airport A~,~umnoe~ (9/99) 8rate Modified (9/99) A-9