2011-120FILE REFERENCE FORM 2011-120
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records
Act
Other
FILE(S) Date Initials
Amendment No. 01 to A reement — ori inal is attached 12/09/11 JR
Amendment No. 02 to A reement — ori inal is attached 04/02/12 JR
s:\legallour documentslbrdinancesl] llairport appa ordinance.doc
o�nvnNCE No. 2011-120
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO CERTAIN IMPROVEMENTS AT THE DENTON
MUNICIl'AL AIRPORT; AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS
DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID AGREEMENT AND TO
EXECUTE DOCUMENTS ON BEHALF OF THE CTTY OF DENTON . IN ORDER TO
IMPLEMENT THE PROJECT; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton or his designee is hereby
authorized to execute on behalf of the City of Denton an Airport Project Participation Agreement
(APPA) with the Texas Department of Transportation Aviation Division (TxDOT Aviation) relating
to certain improvements at the Denton Municipal Airport as identified in the APPA, a copy of such
contract being attached hereto and made a part hereof for a11 purposes and referenced as T�OT
Contract No. 1XXAV074 (the "Agreement") and to expend funds as provided for in the
Agreement.
SECTION 2. The City Manager or his designee is the City's authorized representative
who is directed to comply with any assurances, conditions or agreements required to be executed
to receive the funds provided under the Agreement.
SECTION 3
approval.
PASSED AND APPROVED this the ��� day of , 2011.
MARK A. BURRO � HS, MAYOR
r
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
This ordinance shall become effective immediately upon its passage and
I: �� ..� � L . ` ' �.�� ��� �
�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: � .
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 1118DNTON
TxDOT Project No,: AP DENTON
TxDOT Contract No. : 1XXAV074
Commission Approval: June 30, 2011
NPE Funds Applied: FY10
DLTNS: 071380190
C.F.D.A.:20.106
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 Ciiy of Denton, Texas, (hereinafter referred to as the "Sponsor").
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.C."), and Rules, Regulations and Procedures promulgated pursuant to;
and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon
Supp).
The project is described as design services to: expand and mark apron north of terminal
building; drainage improvements; demolition of pavement and utilities; install tiedowns; and
install apron lighting/fencing at the Denton Municipal Airport.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the United
States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
Page 1 of 36
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as
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 provided, THE
TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE
UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER
REFERRED TO AS THE "FAA"), 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/engineering project costs will be approximately $70,000
(Amount A). It is further estimated that approximately $70,000 (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. Fina1 determination of federal
eligibility of total project costs will be determined by the State in accordance with federal
guidelines following completion of project.
The estimated project cost for the construction phase of this project is $900,000 (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.
In the event that federal funds axe unavailable, this Agreement shall automatically be
voided and become of no force and effect, except that unexpended or itnencumbered
moneys actually deposited by the Sponsor and held with the State for project purposes shall
be returned to the Sponsor.
The maximum obligation of the United States payable under this offer shall be $63,000
(Amount D).
This grant should not be construed as blocic 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 worlc items of this grant and not to
amend the scope of work to include items outside of the current determined needs of this
Page 2 of 36
project. Scope of work may be amended as necessary to fulfill the unforeseen needs of this
specific development project within the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds.
4. It is estimated that the Sponsor's share of the total project costs will be $7,000 (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 stated in Paragraph II-2. The State shall refund to the Sponsor, at
the financial closure of the project, any excess funds provided by the Sponsor.
5. During design, if the estimated eligible construction project costs exceed Amount C,
above, the Sponsor may request the State to void this Agreement. 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 moneys actually deposited by the Sponsor and
held with the State for project purposes shall be returned to the Sponsor within a
reasonable time.
7. If there is an overrun in the eligible project costs, the State may increase the grant to cover
the amount of overrun not to exceed the statutory twenty-five (25%) percent limitation, and
will advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned
amendment, the maximum obligation of the United States is adjusted to the amount
specified and the Sponsor will remit their share of the increased grant amount.
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, without the consent of
Page 3 of 36
the Sponsor.
Payment of the United States share of the allowable project costs will be made in
accordance with the provisions of such regulations and procedures as the State and the
FAA, sha11 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. Sponsor's share of proj ect costs (Amount E) 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.
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. The Sponsor 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) sha11 be due and payable to the State. State may
request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to
pay the obligation, either in whole or in part, within 30 days of written demand, the State
may exercise its rights under Paragraph V-7. Likewise, should the State b.e unwilling or
unable to pay its obligation in a timely manner, the failure to pay shall be considered a
breach and the Sponsor may exercise any rights and remedies it has at law or equity.
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 the project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made from Sponsor funds.
10. The State shall make all reasonable attempts to acquire federal funding for the completion
and construction of this project within two years of completion of design services. The
Sponsor agrees to complete and construct this project within two years of completion of
design services, subject to the availability of federal funds.
PART III - Sponsor Responsibilities
1, In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification of Airport Property Interests,
attached and made a part of this Agreement; and
Page 4 of 36
b. it will comply with the Attachment B, Certification of Airport Fund, attached and
made a part of this Agreement; and
c it will comply with the Attachment C, Airport Assurances (3/2011)(State Modified
3/2011), attached and made a part of this Agreement; and
d. 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 .
e. 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 sha11 be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20 years;
and
f, consistent with safety and security requirements, it shall make the. airport or air
navigational facility available to a11 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
g. it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products and
aerial applications. The landing area consists of runways or landing strips,
taxiways, parlcing aprons, roads, airport lighting and navigational aids; and
h. 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
it will not permit or enter into any arrangement that results in permission for the
owner or tenant of a properly used as a residence, or zoned for residential use, to t�i
an aircraft between that property and any location on airport; and
j. 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
Page 5 of 36
k, the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
1. all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory. The
proceeds of such fees shall be used solely for the development, operation and
maintenance of the Sponsor's system of airport(s) or navigational facility(ites).
m. 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 State. Such fund may be an account within another
fund, but must be accounted for in such a manner that all revenues, expenses,
retained earnings, and balances in the account are discernible from other types of
moneys identified in the fund as a whole. All fees, charges, rents, and money from
any source derived from airport operations must be deposited in said Airport Fund
and shall not be diverted to the general revenue fund or any other revenue fund of
the Sponsor. All expenditures from the Airport Fund shall be solely for airport or
airport system purposes. Sponsor shall be ineligible for a subsequent grant or loan
by the State unless, prior to such subsequent approval of a grant or loan, Sponsor
has complied with the requirements of this subparagraph; and
n. for federally funded projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport fund and used for airport
operations; and
o. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
p, 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 aviation
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
q. it will provide upon request of 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
Page 6 of 36
r. 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
s. 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, shall be filed
with the State for approval; and
t. 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 pttrposes of this grant agreement, the term "funds" means funds,
however used or disbursed by the Sponsor or Agent that were originally paid
� pursuant to this or any other grant agreement. It shall obtain the approval of the
State as to any determination of the amount of such funds. It shall return the
recovered share, including funds recovered by settlement, order or judgment, to the
State. It shall furnish to the State, upon request, all documents and records
pertaining to the determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All settlements
or other final positions of the Sponsor, in court or otherwise, involving the recovery
of such funds sha11 be approved in advance by the State.
2. The Sponsor 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 the claim or liabilities
which might be imposed on the State as the result of such activities by the Sponsor, the
Sponsor's agents or employees.
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, and the
Agreement shall comprise a contract, constituting the obligations and rights of the State of
Page 7 of 36
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. Sponsor agrees to provide a suitable location for pre-bid and for pre-construction
conferences, and for the submission and opening of construction bids.
6. 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.
7. The Sponsor shall have on file with the State a current and approved Attorney's Certificate
of Airport Property Interests and Exhibit A property map.
8. The Sponsor shall have on file with the State, Attachment D, Certification Regarding
Drug-Free Workplace Requirements, attached and made part of this agreement.
9. Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced outside
the United States to be used for any project for airport development or noise compatibility
for. which funds are provided under this grant. The sponsor will include in every contract a
provision implementing this special condition.
10. Except for instrument landing systems acquired with AIP funds and later donated to and
accepted by the FAA, the Sponsor must provide for the continuous operation and
maintenance of any navigational aid funded under the AIP during the useful life of the
equipment. The sponsor must checic the facility, including instrument landing systems,
prior to commissioning to ensure it meets the operational standards. The Sponsor must
also remove, relocate, or lower each obstruction on the approach or provide for the
adequate lighting or marking of the obstruction if any aeronautical study conducted under
FAR Part 77 determines that to be acceptable; and marlc and light the runway, as
appropriate. The Federal Aviation Administration will not take over the ownership,
operation, or maintenance of any sponsor-acquired equipment, except for instrument
landing systems.
11. For a project to replace or reconstruct pavement at the airport, the Sponsor shall implement
an effective airport pavement maintenance management program as is required by Airport
Sponsor Assurance Number 11. The sponsor shall use such program for the useful life of
any pavement constructed, reconstructed, or repaired with Federal financial assistance at
the. airport. As a minimum, the program must conform to the provisions in Attachment E
"Pavement Maintenance Management Program", attached and made part of this agreement.
Page 8 of 36
12. The Sponsor may utilize paving specifications meeting State Highway criteria for runways
at non-primary airports with lengths up to 5,000 feet and serving aircraft not exceeding
60,000 pounds gross talce-off weight. The sponsor agrees not to request additional AIP
funds for reconstruction or rehabilitate of pavement construct utilizing State specification
for 10 years from pavement acceptance.
Part IV- Nomination of the Agent
1. The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either of
the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant are done
in compliance with all applicable state and federal requirements including any statutes,
rules, regulations, assurances, procedures or any other directives, except as otherwise
specifically provided.
The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent
to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation;
b. � receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
pay to the Sponsor, from granted funds, the portion of any approved reasonable and
eligible project costs incurred by the Sponsor that are in excess of the Sponsor's
share.
Paying Agent:
d, receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
Contracting Agent:
e. advertise for professional engineering and/or planning services for, but not limited
to, the preparation of planning studies, plans and specifications far the above
project and for the management of the construction of the above project; select the
Page 9 of 36
consultant; certify consultant selection procedures; provide notification of contract
award for professional services; and negotiate professional services fees; and
execute, on behalf of the Sponsor, a professional services agreement as related to
this project;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (Hi.TB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project worlc as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of opinion,
judgment, order or direction between the State and the Sponsor, any engineer,
contractor, or materialman, the State shall issue a written order, which shall prevail
' and be controlling;
h. coordinate and review project plans, specifications and construction; coordinate and
conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction confiracts as related to this project;
j. participate in pre-bid and pre-construction conferences; and issue orders as it deems
appropriate regarding construction progress, including but not limited to Notices to
Proceed, Stop Worlc Orders, and Change Orders;
k. review, approve and maintain record drawings.
PART V - Recitals
1. The State and the Sponsor shall obtain an audit as required by federal or state regulations.
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 agrees to pursue and enforce contract items, which are required by federal
Page 10 of 36
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 incidental 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;
c. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes
shall be considered a breach of this contract and will allow the State to pursue the remedies
for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions of
this Agreement. If, however, after a11 reasonable attempts to require compliance
have failed, the State finds that Sponsor is unwilling and/or unable to comply with
. any of the terms and conditions of this Agreement, the State may pursue any of the
following remedies: (1) require a refund of any money expended pursuant to the
Agreement, (2) deny Sponsor's future requests for aid, (3) request the Attorney
General to bring suit seeking reimbursement of any money expended on the project
Page 11 of 36
pursuant to the Agreement, provided however, these remedies shall not limit the
State's authority to enforce its rules, regulations or orders as otherwise provided by
law, (4) declare this Agreement null and void, or (5) any other remedy available at
law or in equity.
b. Venue for resolution by a court of competent jurisdiction of any dispute arising
under the terms of this Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties in Travis County,
Texas.
8. The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably be denied
or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§ 5 and 7 of
Article 11 of the Texas Constitution, if applicable) and to the availability of funds which
lawfully may be applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the
Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the
State of Texas and the Sponsor with respect to the accomplishment of the Project and
compliance with the assurances and conditions as provided.
12. The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the
investigation or audit.
Page 12 of 36
Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated materials
referred to in the Agreement, and does accept the Offer, and agrees to all of the terms and
conditions of the Agreement.
Executed this � �� � day of
� 20 �/ •
The City of Denton, Texas
pons •
Wi ess Signature Sponsor Signature
���C��jiY �SE�,���2 � � i Y /�1,�/��-�
Witness Title Sponsor Title
Certi�cate of Sponsor's Attorney
I, �o��. `t`�1, �c� c�ir�,` f , acting as attorney for ��-cx ��rt.�,�� ,
Texas, do certify that I have fully examined the Agreement and the proceedings talcen by the
Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the
Sponsor, is in accordance with the laws of the State of Texas.
Dated at ��r,� , Texas, this � day of � , 20 i 1.
l�q� c o.�T"a, ���2fQC�
Witness Signature
� !�h i ��c��. �l� `�i5�.�is�k� :�LLT_
Witness Title
Page 13 of 36
Attorney i ature
Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Cominission for the purpose and effect of
activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
�
By: �
Davitl S. Fulton, Directo�
Aviation Division
%xas Department of Transpo[?%�t�o�
Date: � 15l � �
Page 14 of 36
ATTACHMENT A
CERTIFICATION OF AIRPORT PROPERTY INTERESTS
By signature below, the Sponsor does certify that the airport property, as reflected on the
property map and attorney certificate dated September 24, 2009 and on file with TxDOT
Aviation Division, remains unchanged and is an accurate reflection of the properiy owned and/or
controlled for the Denton Municipal Airport.
City of Denton, Texas
(Sponsor)
By:
Title: C;�l T y �/�/v����—
Date: 7`��C7� T �, ����
Page 15 of 36
ATTACHMENT B
CERTIFICATION OF AIRPORT FUND
The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all
fees, charges, rents, and money from any source derived from airport operations will be deposited
for the benefit of the Airport Fund and will not be diverted for other general revenue fund
expenditures or any other special fund of the Sponsor and that all expenditures from the Fund will
be solely for airport purposes. Such fund may be an account as part of another fund, but must be
accounted for in such a manner that all revenues, expenses, retained earnings, and balances in the
account are discernible from other types of moneys identified in the fund as a whole.
li
The City of Denton, Texas
Tltle: CHief Financial Officer
Date: July 26. 2011
Page 16 of 36
ATTACF[MENT C
Part V ASSURANCES Airport Sponsors March 2011
A. General.
1. These assurances shall be complied with in the performance of grant agreerrients for airport
development, airport plarn�ing, and noise compatibility progratn grants for airport sponsors.
2. These assurances are required to be submitted as part ofthe project application by sponsors requesling funds
under the provisions ofTitle 49, U.S.C., subtitle VII, as amended. As used herein, the term "public
agency sponsor" means a public agency with control of a public-use airport; the term "private
sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance of this gant offer by the sponsor, these assurances are incorporated in and
become part of this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency
Sponsor. The terms, conditions and assurances ofthis grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an airport
development or noise compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any event not to exceed
twenty (20) years from the date of acceptance of a grant offer of Federal funds for the proj ect.
However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Auport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the
� terms, conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances.
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 itetns
installed within a facility or the useful life of the facilities developed or equipment acquired under
an airport development or noise compatibility progam 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 specified in this grant agreement, only
Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The
terms, conditions, and assurances of this grant agreement shall remain in full force and effect d�u�ing
the life ofthe project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this
grant that:
Page 17 of 36
1 General Federal Requirements. It wIll comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the application,
acceptance and use of Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et se .'
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et se .
d. Hatch Act — 5 U.S.C. 1501, et seq.Z
e. Uniform Relocarion Assistance and Rea1 Properiy Acquisition Policies Act of 1970 Title
42 U.S.C. 4601, et sea•� 2
f. National Historic Preservation Act of 1966 - Section 106 -16 U.S.C. 470( fl. �
g. Archeological and Historic Preservation Act of 1974 -16 U.S.C. 469 through 469a �
h. Native Americans Grave Repatriarion Act - 25 U.S.C. Section 3001, et se�c .
i. Clean Air Act, P.L. 90-14.8, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
lc. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.'
1. Title 49, U.S.C., Section 303, (formerly known as Section 4( fl)
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4.
O. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea•
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea•'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 83 73 .1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et se .1
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq•�
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq•z
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executirve Orders
Executive Order 11246 - Equal Employment Oppomanity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain Management
Executive Order 12372 - Intergovemmental Review of Federal Programs Executive Order 12699 -
Seismic Safeiy ofFedetal and Fede�ally AssistedNew Building Consh�uction'
Executive Order 12898 - Environmental Justice
Page 18 of 36
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement
Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1- Procedures for predetermination of wage rates.l
e. 29 CFR Part 3- Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United Sta#es. �
f. 29 CFR Part 5- Labor standards provisions applicable to contracts covering federally
financed and assisted coi�st►uction (also labor standards provisions applicable to non-
consiruction cont�rraccts subject to the Corrtract Work Hours and Safety Standards Act). �
g. 41 CFR Part 60 - Of�ice of Federal Coniract Compliance Progi�ns, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting
requirements).1
h. 49 CFRPart 18 - Unifurm admuvshative requirements for giar►ts and cooperative
agreements to state and local governtnents 3
1. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of
Transportation - effectuation of Title VI of the Civil Rights Act of 1964.
1�. 49 CF'R Part 23 - Participaaon by Disadvantage Business Enterprise in Airport Concessions.
1. 49 CF'R Part 24 - Uniform relocation assistance and real property acquisition for
Federal and federally assisted programs.i z
m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of
Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities
receiving or benefiting from Federal financial assistance.�
o. 49 CFR Part 29 — Government wide debartnent and suspension (nonprocurement)
and government wide requirements for drug-free workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of
countries that deny procurement market access to U.S. contractors.
q. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated new
building construction.�
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local
Governments.
b. A-133 -Audits ofStates, Local Govemments, andNon-Profit Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB 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 this grant ageement.
Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and
Page 19 of 36
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 application, including a11 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 application and to provide
such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry
out the proposed proj ect and comply with all terms, conditions, and assurances of this grant
agreement. It shall designate an official representa#ive and shall in writing direct and
authorize that person to file this applicarion, including all understandings and assurances
contained therein; to act in connection with this application; and to provide such
additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds a�ailable for that portion of
the project costs which are not to be paid by the United States. It has sufficient funds available to
assure operation and maintenance of items funded under this grant agreement which it will own or
control.
Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the
Secretary, to the landing area of the airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion ofthe properiy upon which
Federal fimds 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 pemut any action which would operate to deprive it of
any ofthe rights and powers necessary to perform any ar all of the terms, conditions, and
assurances in this grant agreement without the written approval of the Secretary, and will
act promptly to acquire, extinguish or
modify any oirtstanding 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.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or
other interests in the property shown on Exhibit A to this application or, for a noise
compatibility progam project, that portion ofthe properiy upon which Federal funds
have been expended, for the duration of the terms, conditions, and assurances in this grant
agreement without approval by the Secretary. If the transferee is found by the Secretary to
be eligible under Title 49, United States Cale, to assume the obligations of this 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 progt�n projects wluch are to be carried out by another unit of local
government or are on property owned by a unit of loca] government other than the
sponsor, it will enter into an agreement with that government. Except as otherwise specified
by the Secretary, that agreement shall obligate that government to the same terms,
conditions, and assurances that would be applicable to it if it applied directly to the FAA
for a grant to undertake the noise compatibility program proj ect. That agreement and
changes thereto must be satisfactory to the Secretary. It will take steps to enfarce this
agreement against the local government if there is substantial non-compliance with the
terms of the agreement.
Page 20 of 36
d. For noise compatibility program projects to be carried out on privately owned properiy, it
will enter into an ageement with the owner of that properiy which includes provisions
specified by the Secretary. It will take steps to enforce this agreement against the properly
owner whenever there is substanrial 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 fizuction as a public-use airport in accordance with these
ass�nances for the duration ofthese assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance Title 49, United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement also requires
compliance therewith.
g. It will not pemut or enter into any arrangement that results in peimission for the owner or
tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft
between that property and any location on airport. �
6. Consistency with Local Plans. The project is reasonably consistent with plans (e�cisting at the time of
submission ofthis application) ofpublic agencies that are authorized by the State in which the project is
located to plan for the development of the area surrounding the airport.
7. Consideration of Local Interes� It has given fair consideration to the interest of communities in or near
where the project may be located.
S. Consultation with Users. In making a decision to undertake any airport development project
under Title 49, United States Code, it has undertalcen reasonable consultations with affected parties
using the airport at wluch project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major
runway e�ctension, it has af�orded 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 ar has advised the communities that they have the right to petition the
Secretary conceming a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
eactension, or runway location it will provide for the Governor of the state in which the proj ect 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 Adminislrator of the Environmental Protection Agency, certification shall be
obtained from such Administratar. Notice of certification or refusal to certify shall be provided within
sixty days a8er the project application 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 progratn 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 deteimines 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 proj ect grant application, all the
safety equipment required far certification of such airport under section 44706 of Title 49, United
Page 21 of 36
States Code, and all the security equipment required by rule or regulation, and has provided for access
to the passenger enplaning and deplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
1� Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records wluch fully disclose the amount and
disposition by the recipient of the proceeds of this grant, the total cost of the project in
connection with which this grant is given or used, and the amount or nature of that
portion of the cost 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.
b. It shall make available to the Secretary and the Compiroller 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 ofthe recipient that are pertinent to this 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
tlus grant was given or used, it sha11 file a certified copy of such audit with the Comptroller
General ofthe United States not later than six (6) months following the close of the fiscal
year for which the audit was made.
1� Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for
work on any projects funded under this grant agreement which involve labor, provisions
establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors
sha11 pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for
bids and shall be included in proposals or bids for the work.
l5 Veteran's Preference. It sha11 include in all contracts for work on any project
funded under this grant agreement which involve labar, such provisions as are necessary to insure
that, in the employment of labor (except in executive, aduiinistrative, and supervisory positions),
preference shall be given to Veterans ofthe Vietnam era and disabled veterans as defined in Secrion
47112 of Title 49, United States Code. However, this preference sha11 apply only where the
individuals are available and qualified to perform the work to which the employment relates.
16 Cooformity 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 preparafion, 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 ofthe Secretary, and incorporated into this 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 sha11 subject
the construction worlc on any project contained in an approved project application to inspection and
approval by the Secretary and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall require such cost and progress
reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
18 Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved progam narrative contained
in the project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the
platu�uig project and platming work activities.
Page 22 of 36
c. It will include in all published material prepared in connection with the planning project a
notice that the ma#erial was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no
material prepared with fimds under this project shall be subject to copyright in the United
States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any ofthe 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 ofthis 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 ofthe sponsor's employees to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval ofthis project grant or the Secretary's
approval of any plauning material developed as part of this grant does not consritute or
imply any assurance or commitment on the part of the Secretary to approve any pending or
future application for a Federal airport grant.
L4 Operafion and Maintenance.
a T'he airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than faciliries owned or controlled by the United States, shall be
operated at all times in a safe and serviceable condition and in accordance with the
minimum standards as may be required or prescribed by applicable Federal, state and local
agencies for maintenance and operation. It will not cause or permit any activity or action
thereon
which would interfere with its use for airport purposes. It will suitably operate and
maintain the airport and all facilities thereon or connected therewith, with due regard to
climatic and flood conditions. Any proposal to temporarily close the airport for non-
aeronautical purposes must first be approved by the Secretary. In furtherance of this
assurance, the sponsor will have in effect arrangements for-
1) Operating the airport's aeronautical facilities whenever required;
2) Prnmptly marking and lighting hazards resulting from airport conditions,
including temporary conditions; and
3� Promptly notifying anmen of any condition a$'ecting aeronautical use of the
airport. Nothing contained herein shall be construed to require that the airport be
operated for aeronautical use during temporary periods when snow, flood or other
climatic conditions interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair, restoration, or
replacement of any structure or facility which is substantially damaged or
destroyed due to an act of God ar other condition or circumstance beyond the
control of the sponsor.
It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigatian. It will take appropriate action to assure that such tern-►inal
airspace as is required to protect instriunent and visual operations to the airport (including established
, minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption
Page 23 of 36
of zoning laws, to restrict the use of ]and adjacent to or in the unmediate vicinity of the airport to
activities and purposes compatible with normal airport operarions, including landing and takeoff of
aircraft. In additioq ifthe project is for noise compatibility prograzn implementation, it will not cause
ar permit any change in land use, within its jurisdicrion, 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 Nondiscriroination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimu�ation to all types, kinds and classes of aeronautical acrivities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege
at the airport is granted to any person, firm, ar 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 contractar may be allowed to make reasonable and
nondiscriminatory discoi.mts, 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 unifomily applicable to all other fixed-based operators malcing the same
or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fi�ced-
based operator that is authorized or pemutted by the airport to serve any air carrier at such
airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, 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 iransportation as are applicable
to a11 such air carriers which make similar use of such airport and utilize similar faciliries,
subject to reasonable classifications such as tenants or non tenants and signatory carriers
and non signatory carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification or
status.
f. It will not exercise or grant any right or privilege which operates to prevent any person,
firm, ar corporation operating aircraft on the airport from perfornung any services on its own
aircraft with its own employees [including, but not limited to maintenance, repair, and fueling]
that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privIleges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to
the furnishing of such services by commercial aeronautical service providers autharized
by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory,
conditions to be met by all useis ofthe airport as may be necessary for the safe and efficient
operation of the airport.
1. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of
the airport if such action is necessary for the safe operafion of the airport or necessary to serve
the civil aviation needs ofthe public.
23, Exclusive Rights. It will permit no exclusive right for the use of the airport by
Page 24 of 36
any person providing, or intending to provide, aeronautical services to the public. For purposes of
this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be
construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical far more than one fi�ced-based
operator to provide such services, and
b. If allowing mare 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 operatar and such airport. It further agrees that it will not, eitUer directly or indirectly,
grant or pemut any person, firm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter flights, pilot training,
aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and
surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum
products whether or not conducted in conjunction with other aeronaurical 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
e}cisting at such an airport before the gant of any assistance under Title 49, United States
Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the faciliries and services
at the airport which will make the airport as self-sustaining as possible under the circumstances
existing at the particular auport, taking into account such factors as the volume of traffic and
economy of collection. No part of the Federal share of an airport development, a'vport planuing or
noise compatibility project for which a grant is made under Title 49, United States Code, the
Airport and Aiiway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges
for users of that airport.
25. Airport Revenues.
All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital or operating costs
of the airport; the local airport system; or other local facilities which are owned or operated
by the owner or operator of the airport and which are directly and substantially related to
the actual air transportation of passengers or properiy; or for noise mitigation purposes on
or offthe airport. Provided, however, that if covenants or assurances in debt obligations
issued before September 3, 1982, by the owner or operator ofthe airport, or provisions
enacted before September 3,1982, in governing statutes controlling the owner or operatar's
fmancing, 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 facilities, then this limitation on the use of all
revenues generated by the airport (and, in the case of a public airport, local ta�ces 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
conceming, the use of airport revenue and ta�ces in paragraph (a), and indicating whether
funds paid or transferred to the owner or operator are paid or transferred in a manner
consistent with Title 49, United States Code and any other applicable provision of law,
including any regulation promulgated by the Secretary or Administrator.
C. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of Section 47107 of Title 49, United States Code.
2G Reports and Iuspections. It will:
Page 25 of 36
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; malce
available to the public at reasonable times and places a report of the airport budget in a
format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary
upon reasonable request;
c. � for noise compatibility program projects, make records and documents relating to the
project and continued compliance with the terms, conditions, and assurances ofthis grant
agreement including deeds, leases, agreements, regulations, and other insmxments, available
far 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
2� 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 Federa] financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in common with other aircraft at all times
without charge, except, if the use by Government aircraft is substantial, charge may be made for a
reasonable share, proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using
• agency, substantial use of an airport by Govemment 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 landing areas by other authorized aircraft, or during any calendar month that —
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of Govemment aircraft
is 300 or more, or the gross accumulative weight of Govemment 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 conirol, any areas of land or water, or estate therein, or
rights in buildings ofthe sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas
or any portion thereof will be made available as provided herein within four months after receipt of a
written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1)
boundaries of the airport and all proposed additions thereto, together with the boundaries of all
offsite areas owned ar 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 e�ensions and reductions of e�cisting airport facilities; and (3) the
location of a11 existing and proposed nonaviation areas and of all e�cisting improvements
thereon. Such airport layout plans and each amendment, revision, or modification thereof,
Page 26 of 36
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 ar pernut any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan as approved
by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety,
utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary
deteimines adversely affects the safety, utility, or efficiency of any federally owned, leased,
or funded property on or offthe airport and which is not in confomuty with the airport layout
plan as approved by the Secretary, the owner or operatar 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 thereo fl to a site acceptable to the Secretaty
and all costs ofrestoring such property (or replacement thereo fl to the level of safety, utility,
efficiency, and cost of operation e�sting 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 sha11, 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 frotn this grant. This assurance
obligates the sponsor for the period during which Federal financial assistance is extended to the progam,
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 ofthe following periods: (a) the period during which
the property is used for a purpose for which Federal finaucial assistance is e�ctended, or for another
purpose involving the provision of similar services or benefits, or (b) the period during which the
sponsor retains ownership or possession ofthe property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of
the land, when the land is no longer needed for such purposes, at fair market value, at the
earliest practicable time. That poriion 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,
including the purchase of nonresidential buildings or properiy in the vicinity of
residential buildings ar property previously purchased by the airport as part of a noise
compatibility program.
b. For land parchased 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 tYie Secretary an amount equal to the
United States' proportionate share ofthe fair market value ofthe land. That poriion ofthe proceeds
of such disposition which is proportionate to the United States' share of the cost of
acquisirion of such land will, (1) 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 (2) be paid to the Secretary for deposit in
the Trust Fund if no eligible project eatists.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it
may be needed for aeronautical purposes (including runway protection wnes) or serve as
noise buffer land, and (2) the revenue from interim uses of such land contributes to the
financial self-sufficiency of the airport. Further, land purchased with a gant 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 coirunenced no
Page 27 of 36
later than December 15, 1989.
Disposition of such land under (a) (b) or (c) 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 sub-contract for progam
managemerrt, 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 arclutectural and engineering services is negotiated
under Title IX ofthe Federal Property and Adu�u�istrative Services Act of 1949 or an equivalent
qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any
project which uses any product or service of a foreign country during the period in which such foreign
country is listed by the United States Trade Representative as denying fair and equitable market
opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary including but not limited to the
advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated (the latest
approved version as ofthis grant of�er) and included in this grant, and in accardance with applicable
state policies, standards, and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real properiy, to
the greatest e�ctent practicable under Sta#e law, by the land acquisition policies in Subpart B of 49
CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in
Subpart B. (2) It will provide a relocation assistance progam offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required
in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time
prior to displacement, comparable replacement dwellings to displaced persons in accardance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum e�ctent
practicable, intercity buses or other modes of transportation to have access to the airport; however, it
has no obligation to fund special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color,
national origin or sex in the award and 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 discrnnulation in the award and
� admnustration of DOT-assisted contracts. T'he recipient's DBE program, as required by 49 CFR Part
26, and as approved by DOT, is incorporated by reference in this ageement. Implementation of
this program is a legal obligation
and failure to carry out its terms shall be treated as a violarion of this agreement. Upon notification to
the recipient of its failure to carty out its approved program, the Deparhnent may impose sanctions as
provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a
hangar is to be conslructed at the airport for the aircraft at the aircra$ owner's expense, the airport
owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to
Page 28 of 36
such terms and condirions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more
requests by an air carrier for access to gates or other facilities at that airport in order to allow
the air carrier to provide service to the airport or to expand service at the airport, the airport
owner or operator shall transmit a report to the Secretary that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated;
and
3� Provides a time fratne within which, if any, the airport will be able to
accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if
the airport has been unable to accommodate the request(s) in the six month period prior to the
applicable due date.
Page 29 of 36
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC
APPROVED PROJECTS
Dated: 6/2/2010
View the most current versions of these ACs and any associated changes at:
http://www.faa.qov/airports airtraffic/airports/resources/advisory circulars
� � � ��� �� ��� :-� � ����� � � � `
< . . �:.. �.-* - 3 ��N£.���°'" .:
1�1 R��pyy.� �C
,_ _IYV�II4YR ...,<..����GM� .y.,.,.."s �r�.., ".` .�.'..'3� �..�� '�`�"�. _�`S'�;��,'� a _.,_.. ��..e.�, �„",,-._`���.
70/7460-1 K Obstruction Marking and Lighting
150/5000-13A Announcement of Availability—RTCA Inc., Document RTCA-221, Guidance
and Recommended Re uirements for Air orts Surface Movement Sensors
150/5020-1 Noise Control and Compatibility Planning for Airports
15�/5070-6B Airport Master Plans
Chan e 1
150/5070-7 The Airport System Planning Process
15�/5200-28D Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30C Airport Winter Safety and Operations
150/5200-33B Hazardous Wildlife Attractants On or Near Airports
150/5210-5D Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Fire and Rescue Communications
150/5210-136 Water Rescue Plans, Facilities, and Equipment
150/5210-146 Aircraft Rescue Fire Fighting Equipment, Tools, and Clothing
150/5210-15A Airport Rescue & Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
150/5210-19A Dri�er's Enhanced Vision System (DEVS)
150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-13B Runway SurFace Condition Sensor Specification Guide
150/5220-16C Automated Weather Observing Systems for Non-Federal Applications
Page 30 of 36
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects June 2, 2D10
' � �� � �� �� � � � �
� � � ��� , -� �� ��� � ��` ���
;: NUMBER..�. . . filTl».��:�. = ���m== �.ry. �.�����.} �.:�. , �-��,� .� £ r .,m_�.�
150/5220-17A Design Standards for an Aircraft Rescue Firefighting Training Facility
and Chan e 1
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control
E ui ment and Materials
150/5220-20 and Airport Snow and Ice Control Equipment
Chan e 1
150/5220-21 B Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Im airments
150/5220-22A En ineered Materials Arrestin S stem EMAS for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5300-13 Airport Design
and
Chan es 1 —15
150/5300-14B
Desi n of Aircraft Deicin Facilities
150/5300-16A General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Surve
150/5300-17B General Guidance and Specifications for Aeronautical Survey Airport Imagery
Ac uisition
150/5300-18B General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-5C and Surface Drainage Design
Chan e 1
150/5320-6E
Air ort Pavement Desi n and Evaluation
150/5320-12C
and Changes 1 Measurement, Construction, and Maintenance of Skid Resistant Airport
throu h 8 Pavement Surfaces
150/5320-14 Airport Landscaping for Noise Control Purposes
Page 31 of 36
�"" - � � W .� *�,. � �. � r^ t.a s c, -
� �
� a ' z-z. - � � .�" ..„ � �� � � g ,� � re _ � ��, s.: - ,��'�, �
,.,.:n���GL�S � � ����� .. ����� -. -� 3 �+'� � "'x _ �� ?- �,�' S '�be.� T ..
fa ^S„ . ., n �=�' 1� .`�3 ,., ..1- . ,�.• � . : �o... � � -.. `� .,x .
150/5320-15A Management of Airport Industrial Waste
150/5325-4B Runway Length Requirements for Airport Design
150/5335-5A Standardized Method of Reporting Airport Pavement Strength PCN
150/5340-1J Standards for Airport Markings (Change 1&2)
and
Chan e 2
150/5340-5C Segmented Circle Airport Marker System
150/5340-18E Standards for Airport Sign Systems
15�/5340-30D Design and Installation Details for Airport Visual Aids
150/5345-3F Specification for L821 Panels for the Control of Airport Lighting
150/5345-56 Circuit Selector Switch
Specification for L824 Underground Electrical Cable for Airport Lighting
1505345-7E Circuits
150/5345-10F Specification for Constant Current Regulators Regulator Monitors
150/5345-12E Specification for Airport and Heliport Beacon
150/5345-13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Air ort Li htin Circuits
150/5345-26D Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D Specification for Wind Cone Assemblies
150/5345-28F Precision Approach Path Indicator (PAPI) Systems
150/5345-39C FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F Specification for Airport Light Bases, Transformer Housings, Junction
Boxes and Accessories
150/5345-43F Specification for Obstruction Lighting Equipment
150/5345-44H Specification for Taxiway and Runway Signs
150/5345-45C Low-Impact Resistant (LIR) Structures
Page 32 of 36
_ - s J . ^e"c��� _ ��rt,,.� H . • �,� � ����� � � ������ ��w„ � �Z ���s � ��,s�i�`
, ..._; .NUMB�R �� �e : TI�'L ....��-;��� �..-w. _. �� ��`��_ �, rv ���� ���.. � m
-�-� .�.�_.� e
150/5345-46D Specification for Runway and Taxiway Light Fixtures
150/5345-47B Specifications for Series to Series Isolation Transformers for Airport
Li htin S stem
150/5345-49C Specification L854, Radio Control Equipment
150/5345-506 Specification for Portable Runway and Taxiway Lights
150/5345-51A Specification for Discharge-Type Flasher Equipment
150/5345-52A Generic Visual Glideslope Indicators (GVGI)
150/5345-53C Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-1884, Power and Control Unit for Land and Hold Short
150/5345-55A Specification for L893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56A Specification for L-890 Airport Lighting Control and Monitoring System
ALCMS
150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12E Airpo�t Signing and Graphics
150/5360-13 Planning and Design Guidance for Airport Terminal Facilities
and Chan e 1
150/5370-2E Operational Safety on Airports During Construction
150/5370-10E Standards for Specifying Construction of Airports
Use of Nondestructive Testing Devices in the Evaluation of Airport
150/5370-11A Pavement
150/5380-66 Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-26 Heliport Design
150/5390-3 Vertiport Design
150/5395-1 Seaplane Bases
Page 33 of 36
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
DATED: 6/2/2010
: �.. �.�'m., � .� � � ��aa"..s., � e �� : . . :,� �� �,�� �� .�$ �� � ��� � _ � .
:::f��' s �..., �i" � �_ T�� -�^'r� ��.M. . � ���'-�" a" ` . .. ; �.� �,,.,, ,�„� �, � .�..,�.�...�� .��. s
.�MI�.�R �__�_ . _ _ � � � � �.���,�_ .�.,�� � _�
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Airport
Grant Pro'ects
150/5100-15A Civil Rights Requirements for the Airport Improvement Program
150/5100-17
and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement Program
throu h 6 Assisted Pro'ects
150/5200-37 Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
15�/5370-6D Construction Progress and Inspection Report—Airport Grant Program
Change 1-4
150/5370-12A Quality Control of Construction for Airport Grant Projects
150/5370-13A Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-7A Airport Pavement Management Program
150/5380-8A Handbook for ldentification of Alkali-Silica Reactivity in Airtield Pavements
THE FOLLOWING ADDITIONAL APPLY TO PFC PROJECTS ONLY
DATED: 6/2/2010
' Announcement of Availability — Passenger Facility Charge (PFC) Application
150/5000-12 (FAA Form 5500-1)
Page 34 of 36
ATTACHIVIENT D
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIItEMENTS
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, ar 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;
(� Taking one of the following actions, within 3� calendar days of receiving notice under paragraph (d)(2), with
respect fo 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 worlcplace through unplementation of
paragraphs (a), (b), (c), (d), (e), and ( fl,
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)
Denton Municipal Airport
5000 Airport Road
Denton,Texas 76207
Check �i��re �, orkpla s on fil that are not identified here.
/
Signed: lL v�— ,:' � Dated: 7..Z(1
Carla omine—Haggmark, Director of Human Resources
Typed Name and Title of Sponsor Representative
Page 35 of 36
ATTACHMENT E
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to assure
that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form
of inspection program tit deems appropriate. The program must, as a minimum, include the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
Location of all runways, taxiways, and aprons
Dimensions
Type of pavement
Year of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances, pavements that have been constructed,
reconstructed, or repaired with Federal fmancial assistance shall be so depicted.
2. Inspection Schedule.
a. Detailed Inspection. A detailed inspection must be performed at least once a year, If a history of
recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in
Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the
frequency of inspections may be extended to three years.
b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition.
3. Record Keeping. Complete information on the fmdings of all detailed inspections and other maintenance
performed must be recorded and kept on file for a minimum of five years. The types of dish•ess, their locations, and
remedial action, scheduled or performed, must be documented. The minim information to be recorded is listed
below.
a. , inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as
the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may
be required.
5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport
Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective
maintenance program. Speciiic types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented.
Page 36 of 36
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
T1cDOT CSJ No.: 1118DNTON
TxDOT Project No.: AP DENTON
TxDOT Cont�act No. : 1XXAV074
Commission Approval: June 30, 2011
NPE Funds Applied: FY10
DIJNS: 0713 80190
C.F.D.A.:20.106
Amendment No. 01 to the Agreement
Part I- Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Deparhnent of Transportation
The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas
Department of Transportation, hereinafter referred to as the "State," have entered into an Airport
Project Participation Agreement TxDOT CSJ Number 1118DNTON, executed by the Sponsor on
August 2, 2011, and by the State on August 15, 2011, for the development of the Denton
Municipal Airport, hereinafter referred to as the "Airport".
The project is described as engineering/design services to: expand and marlc apron north
of terminal building; drainage improvements; demolition of pavement and utilities; install
tiedowns; and install apron lighting/fencing at the Denton Municipal Airport.
It is in the mutual interest of the Sponsor and the State to increase the grant by $10,360
for additional design costs.
Part II- Offer of Financial Assistance, estimates total project costs to be $70,000; and
flliancial assistance is currently limited to $63,000 in federal funds and $7,000 in local sponsor
funds.
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendrnent by the Sponsor and the State.
The Airport Project Participation Agreement is amended as follows:
Page 1 of 3
1. On Part II, Item No. 2 of the Agreement, change Amount A, estimated total design costs,
a11d any further references in the Agreement to Amount A, to $80,360.
2. On Part II, Item No. 2 of the Agreement, change Amount B, estimated design costs
eligible for federal financial assistance, and any further references in the Agreement to Amount
B, to $80,360.
3. On Part II, Item 3 of the Agreement, change Amount D, the maximum obligation of the
United States payable under this offer, and any further references in the Agreement to Amount D,
to $72,324.
4. On Part II, Item 4 of the Agreement, change Amount E, Sponsor's share of the estimated
design costs, and any further references in the Agreement to Amount E, to $8,036.
All other terms and conditions of the agreement are unchanged and rema.in in full force
asid effect.
This Amendment to the Airport Project Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this %� day of 1/�«���� , 20 ( � .
� ��YI w
Wi ss Signature
�m�v1�5�/'C�.��l7C �SS�STCJIT
Witness Title
The City of Denton, Texas
Sponsor
�
Sponsor Signature
�9 1
+� ��/ K/I� �
Sponsor Ti e
Page 2 of 3
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating andlor carrying out the orders, established policies or worlc programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
B : � vr
Y _
Uavld S, Fulton, Director
A�ia�fon f�iv��ion
Texas de������ �� Transportat�ot�
Date: �� � C �
Page 3 of 3
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT CSJ No.: 1118DNTON
T�OT Project No.: AP DENTON
TxDOT Contract No. : 1XXAV074
Commission Approval: June 30, 2011
NPE Funds Applied: FY10
DUNS: 071380190
C���:�Gll�[IZ•�
Amendment No. 02 to the Agreement
Part I- Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas
Department of Transportation, hereinafter referred to as the "State," have entered into an Airport
Project Participation Agreement TxDOT CSJ Number 1118DNTON, executed by the Sponsor on
August 2, 2011, and by the State on August 15, 2011, for the development of the Denton
Municipal Airport, hereinafter referred to as the "Airport".
The project is described as engineering/design services to: expand and mark apron north
of tenninal building; drainage improvements; demolition of pavement and utilities; install
tiedowns; and install apron lighting/fencing at the Denton Municipal Airport.
It is in the mutual interest of the Sponsor and the State to increase the grant by $4,241 for
additional design fees.
Part II- Offer of Financial Assistance, as changed by Amendment No. O1, estimates total
project costs to be $80,360; and financial assistance is currently limited to $72,324 in federal
funds asid $8,036 in local sponsor funds.
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendrnent by the Sponsor and the State.
The Airport Project Participation Agreement is amended as follows:
Page 1 of 3
1. O1i Part II, Item No. 2 of the Agreement, change Amount A, estimated total design costs,
and any further references in the Agreement to Amount A, to $84,601.
2. On Part II,
eligible for federal
B, to $84,601.
Item No. 2 of the Agreement, change Amount B, estimated design costs
financial assistance, and any further references in the Agreement to Amount
3. On Part II, Item 3 of the Agreement, change Amount D, the maximum obligation of the
United States payable under this offer, and any further references in the Agreement to Amount D,
to $76,141.
4. On Part II, Item 4 of the Agreement, change Amount E, Sponsor's share of the estimated
design costs, and any further references in the Agreement to Amount E, to $8,460.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
This Ainendment to the Airport Project Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this � n� day of �Dw � 1 , 20 1�.
�
Witness Signature
4oe,rc���o,ns ec�ordi�a-Eo�
Witness Title ^
The Citv of Denton, Texas
Sponsor
Sponsor Signature
��� �
� ��� �
Sponsor Tit e
Page 2 of 3
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By: U!(.�
� �rafe�r
�s ���� d�
Date:
�'��/�
Page 3 of 3