2014-304S:\Legal\Our pocuments\Ordinances\14�APPA Ordinance 2014.docx
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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
ENTERPRISE AIRPORT; AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS
DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR 1N SAID AGREEMENT AND TO
EXECUTE DOCUMENTS ON BEHALF OF THE CITY 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 ta 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 Dentan Enterprise Airport as identified in the APPA, a copy of such
contract being attached hereto and made a part hereof for all purposes and referenced as TxDOT
Contract No. SXXAV003 (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
wha is directed to comply with any assurances, conditions or agreements required to be executed
to receive the funds provided under the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �^'�t��.f� �',�__ u day of `��, ;�;� �',�%,"�� �`� `� iw . 2014.
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. -II�I� WATTS, MAYOR
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TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGRE�MENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 1518DENTN
TxDOT Project No.: AP DENTON 6
TxDOT Contract No. : SXXAV003
Commission Approval: August 28, 2014
NPE Funds Applied: FY 13, FY 14
DiJNS: 0713 80190
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 City 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
referxed 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: construct and mark west side Runway;
construct and mark connecting taxiway from primary Runway to new Runway 2; expand apron and
realign taxiway B; relocate helicopter parking pad with connecting taxiway; construct and light
partial para11e1 taxiway west Runway; install medium intensity runway lights west Runway; install
precision approach path indicators on west side Runway; install new electrical vault for west side
Runway; install guidance signs; and relocate ASOS; install new automated weather observing
system; obstruction evaluation and memoradum of agreement 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.
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Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in 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
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 $550,000
(Amount A). It is further estimated that approximately $550,000 (Amount B) of the project
costs will be eligible for federal financial assistance, and that federal financial assistance
will be for ninety percent (90%) of the eligible project costs. Final determination of federal
eligibility of total project costs will be determined by the State in accordance with federal
guidelines following completion of project.
The estimated project cost for the construction phase of this project is $6,953,121 (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 a�re unavailable, this Agreement shall automatically be voided
and become of 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.
3, The maximum obligation of the United States payable under this offer shall be $495,000
(Amount D).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the
State to provide funding to connplete the approved work items of this grant and not to amend
the scope of work to include items outside of the current determined needs of this project.
Scope of work may be amended as necessary to fuliill the unforeseen needs of this specific
development project within the spirit of the approved scope, subject to the availability of
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state, federal, and/or local funds,
4, It is estimated that the Sponsor's share of the total project costs will be $55,000 (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
fnancial participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at
the financial closure of the pxoject, 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 sha11 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 req�est to void the Agreem�nt, 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 specifed in Paragraph II-5 above, the State shall declare
this Agreement null and void, and this Agreeznent 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 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,
shall prescribe. Final determination of the United States share will be based upon the fnal
audit of the total amount of allowable project costs and settlement will be made for any
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upward or downward adjustments to the Federal share of costs.
8. Sponsor's share of project 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) shall be due and payable to the State. State may
request the Sponsor's financial obligation in partial payments. Should the Sponsor fail to pay
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 be unwilling or unable
to pay its obligation in a timely manner, the failure to pay shall be considered a breach and
the Sponsor may exercise any rights and remedies it has at law or equity.
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
In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certifcation of Airport Property Interests,
attached and made a part of this Agreement; and
b. it will coznply with the Attachment B, Certification of Airport Fund, attached and
made a part of this Agreement; and
it will comply with the Attachment E, Airport Assurances (3/2014)(State Modified
3/2014), 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
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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 thzs Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20 years;
and
f. consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term of this Agreement; and
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,
parking 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 property used as a residence, or zoned for residential use, to taxi an
aircraft between that property and any location on airport; and
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
k. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
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
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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
identified as airport
operations; and
projects any revenue from airport property mineral rights be
revenue; deposited to the airport fund and used for airport
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
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
�. 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
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expended. For the pwrposes 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, a11 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 fmal positions of the Sponsor, in court or otherwise, involving the recovery
of such funds shall be approved in advance by the State.
2, The Sponsor certifes to the State that it will have acquired clear title in fee simple to all
property upon which constxuction work is to be perfornned, 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.
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
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.
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.
The Sponsor shall have on file with the State, Attachment C, Certification Regarding Drug-
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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 check 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 mark and light the runway, as appropriate. The
Federal Aviation Administration will not take over the ownership, operation, or maintenance
of any sponsor-acquired equipment, except for instrument landing systems.
11. 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 fnancial assistance at the
airport. As a minimum, the program must conform to the provisions in Attachtnent D
"Pavement Maintenance Management Program", attached and made part of this agreement.
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 take-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
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 aze done
in compliance with all applicable state and federal requirements including any statutes,
rules, regulations, assurances, procedures or any other directives, except as otherwise
speciiically provided.
3, The State sha.11, 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
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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
c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and
eligible project costs incurred by the Sponsor that aze in excess of the Sponsor's
sha�re.
Paying Agent:
d. receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
Contracting Agent:
e. advertise for professional engineering and/or planning services for, but not limited
to, the preparation of planning studies, plans and specifications for the above project
and for the management of the construction of the above proj ect; select the
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 (HLJB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of opinion,
judgment, order or direction between the State and the Sponsor, any engineer,
contractor, or materialman, the State shall issue a written order, which shall prevail
and be controlling;
h, coordinate and review project plans, specifcations and construction; coordinate and
conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
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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 Work Orders, and Change Orders;
k. review, approve and nnaintain 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 a11 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 N- Nomination of Agent,
is a limited power to perform acts in connection with airport improvements as specified in or
necessitated by this Agreement.
The Sponsor agrees to pursue and enforce contract items, which are required by federal
andlor 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 sha11 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 sha11
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. Notifcation 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
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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 at 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 all 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
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.
ba 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.
. 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 modifed, amended,
rescinded or revoked unless such modifcation, amendnnent, 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.
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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 relevan.t to the investigation or
audit.
13. Termination
This agreement may be terminated in the following manner:
♦ by mutual written agreement and consent of both parties;
♦ by either party upon the failure of the other party to fulfill the obligations set forth
herein;
♦ by the State if it determines that the performance of the Project is not in the best interest
of the State.
If the contract is terminated in accordance with the above provisions, the Sponsor will be
responsible for the payment of Project costs incurred by the State on behalf of the Sponsor
up to the time of termination.
A. In the event the Sta.te determines that additional funding is required by the Sponsor at any
time during the development of the Project, the State will notify the Sponsor in writing.
The Sponsor will make payment to the State within thirty (30) days from receipt of the
State's written notification.
B. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due to the Sponsor, the State, or the Federal Government will be promptly paid by
the owing party.
C. In the event the Project is not completed, the State may seek reimbursement from the
Sponsor of the expended funds. The Sponsor will remit the required funds to the State
within sixty (60) days from receipt of the State's notification.
D. The State will not pay interest on any funds provided by the Sponsor,
E. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Sponsor in accordance with this Agreement.
Page 12 of 40
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.
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Certificate of Sponsor's Attorney
Texas, do c rtify� that �I �1 e fully examined the Agreem nt and the proce dicngs taken 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.
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Page 13 of 40
Part VII - Acceptance of 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
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Karl Campbell, Director uf Qrar�s•.
Aviation Divleion �1,
�q„� Texas Departmerit ef TcanspoRation
Date: �v �.H, ��M� . � �� � �� � �. ,
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Page 14 of 40
ATTACHMENT A
CERTIFICATION OF AIRPORT PROPERTY INTERESTS
By signature below, the Sponsor does certify that the airport property, as reflected on the
p p y p y Jul „ and on file with TxDOT Aviation
ro ert ma and attorne certificate dated _a__ _v 24, 2009� �
Division, remains unchanged and is an accurate reflection of the property owned and/or controlled
for the Denton Municipal Airport.
Citv of Denton, Texas
(Sponsor)
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Page 1 S of 40
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.
The Citv of Denton, Texas
(Sponsor)
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Page 16 of 40
ATTACHMENT C
CERTIFICATIOIV REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken
against employees for violation of such prohibition:
(b) 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 parformance 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 io 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 gant 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 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs
(a), (b), (c), (d), (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)
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Page 17 of 40
ATTACHMENT D
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
Typa 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 financial 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 Advisoty
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 findings of all detailed inspections and other maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress, 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 fortn 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 specifc guidelines and procedures for maintaining airport pavements and establishing an effective
maintanance program. Specifc types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented.
Page 18 of 40
ATTACHMENT E 3-2014
ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2, These assurances are required to be submitted as part of the project application by sponsors requesting
funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public
agency sponsor" means a public agency with control of a public-use airport; the 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 grant 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 Projecta Undertaken by a
Public Agency Sponsor.
The terms, conditions and assurances of this grant agreement shall remain in full force and effect
throughout the useful life of the faciliries developed or equipment acquired for an airport development or
noise compatibility program project, or throughout the useful life of the project items installed within a
facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from
the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on
the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is
used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with
respect to real property acquired with federal funds. Furthermore, tha duration of the Civil Rights
assurance shall be specifed in the assurances.
2. Airport Development or Noise CompaHbility Projects Undertaken by a Private
Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items
installed within a facility or the useful life of the facilities developed or equipment acquired under an
airport development or noise compatibility program project shall be no less than ten (10) years from the
date of acceptance of Fedaral aid for the projact.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13,
18, 25, 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 during the life of the project; there shall be no limit
on the duration of the assurances regarding Airport Revenue so long as the sirport is used as an airport.
C. Sponsor Certitication.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements.
It will comply with all applicable Federal laws, regulations, executive orders,
Page 19 of 40
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 �,��a�l���+���
a. Title 49, U.S.C., subtitle VII, as amended. 1
b. Davis-Bacon Act - 40 U.S.C. 276(a), et sea•
c. Federal Fair Lab�r Standards Act - 29 U.S.C. 201, et sea• d. Hatch Act — S
U.S.C. 1501, et sea,
e, Uniform Relocation Assistance� 2 d Real Property Acquisition Policies Act of
1970 Title 42 U.S.C. 4601, et sea• 1
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470( fl.
g. Ar�cheological and Historic Preservation Act of 1974 - 16 U.S,C. 469 through
469c.
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea, i. Clean Air Act,
P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k, Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1
l. Title 49, U.S.C., Section 303, (formerly known as Section 4(fl)
m, Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea,
q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r.Architectural
Barriers Act of 1968 -42 U.S.C. 4151, et sea•
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.Ci 8373,
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea•
u. Copeland Anti-kickback Act - 18 U.S.C. 874.1 1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea•
w. Wild and Scenic Rivers Act, P.L.�0-542, as amended. x. Single Audit
Act of 1984 - 31 U.S.C. 7501, et sea•
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended
(Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
Executive Orders
a. Executive Order 11246 - Equal Employment Opportunityl
b. Executive Order 11990 - Protection of Wetlands
c. Executive Order 11998 — Flood Plain Management
d. Executive Order 12372 - Intergovernmental Review of Federal Programs
e. Executive Order 1?�699 - Seismic Safety of Federal and Federal(y Assisted New
Building Construction
a. Executive Order 12898 - Environmental Justice
Page 20 of 40
Federal Regulations
a. 2 CFR PaR 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State
and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non-
Profit Organizations].4, 5, 6
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 CFR Part 16 - Rules of Practice For
Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 - Airport noise compatibility planning.
f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local
Government Services.
g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title
VI of the Civil Rights Act of 1964.
h. 29 CFR Part 1- Procedures for predetermination of wage rates. l
i. 29 CFR Part 3- Contractors and subcontractors or� public building or public work
financed in whole or part by loans or grants from the United States. �
j. 29 CFR Part 5- Labor standards provisions applicable to contracts covering federally
financed and assisted construction (also labor standards pcovisions applicable to non-construction
contracts subject to the Contract Work Hours and Safety Standards Act).1
k. 41 CFR Part 60 - Offce of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and federally assisted contracting requirements).1
l. 49 CFR Part 18 - Uniform administrative reyuirements for gants and cooperativc
agreements to state and local governments.3
m. 49 CFR Part 20 - New restrictions on lobbying.
n. 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.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
p. 49 CFR Part 24 — Uniform �ielocation Assistance and Real Property Acquisition for Federal and
Fedarally Assisted Programs.l �
q. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in
Department of Transportation Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance.l
s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in
Programs or Activities conducted by the Departnnent of Transportation.
t. 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.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug-Frea Workplace
(Financial Assistance)
v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities
(ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building
construction.
�a��+��:�� Assurances
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Page21 of 40 .����.�������_...........�.�.�.�. �.��������_.._
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 agreemant.
Footnotes to Aasurance C.1.
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 2 CFR Part 200 contain requirements for State and Local Governnnents 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.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget
(OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform
Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or
Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part
225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on tha Single Annual
Audit. In accordance with 2 CFR section 200,110, the standards set forth in Part 200 which affect
administration of Federal awards issued by Federal agencies become effective once implemented by Federal
agencies or when any future amendment to this Part becomes final. Federal agencies, including the
Department of Transportation, must implennent the policies and procedures applicable to Federal awards by
promulgating a regulation to be effective by December 26,
2014 unless diffarent provisions are required by statute or approved by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a
resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's
governing body authorizing the fling of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified as the ofiicial 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 project and comply
with all terms, conditions, and assurances of this grant agreement. It shall designate an official
representative and shall in writing direct and authorize that person to fle this application, 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 available for that portion of the project costs which are not to be paid by the United
States. It has suff'icient funds available to assure operation and maintenance of items funded under this
Page 22 of 40
grant agreement which it will own or control.
4. 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 of the property upon which Federal funds will be expended
or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a, It will not take or permit any action which would operate to deprive it of any of
the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this grant
agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would interfere with such performance by
the sponsor, This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its tit18 or other interests
in the property shown on Exhibit A to this application or,
for a noise compatibility program project, that portion of the property upon which Federal funds have been
expended, for the duration of the terms, conditions, and assurances in this grant agreement without
approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United
States Code, to assume the obligations of this grant agreement and to have the power, authority, and
fnancial resources to carry out all such obligations, the sponsor shall insert in the contract or document
transferring or disposing of the sponsor's interast, and make binding upon the transferee all of the terms,
conditions, and sssurances contained in this grant agreement.
c, For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it will enter into
an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall
obligate that government to the same terms, conditions, and assurances that would be applicable to it if it
applied directly to the FAA for a grant to undertake the noise compatibility program project. That
agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this
agreement against
the local government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will enter
into an agreement with the owner of that property which includes provisions specified by the Secretary.
It will take steps to enforce this agreement against the property owner whenever thece is substantial
non- compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the
airport will continue to function as a public-use airport in accordance with these assurances for the duration
of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency
or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights
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. Sponsors of commercial service airports will not permit or enter into any arrangement that results in
permission 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. Sponsors of general aviation airports
entering into any arrangement that results in pernnission for the owner of residential real property adjacent
Page 23 of 40
to or near the airport must comply with the requiremants of Sec. 136 of Public Law 112-95 and the
sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this application) of
public agencies that are authorized by the State in which the project is located to plan for the development
of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States Code, it
has undertalcen reasonable consultations with affected parties using the airport at which project is
proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of considaring the economic, social, and
environmental effects of the airport or runway location and its consistency with goals and objectives of
such planning as has been carried out by the community and it shall, when requested by the Secretary,
submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities
where the project is located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a medium
or large hub airport, the sponsor has made available to and has provided upon request to the matropolitan
planning organization in the area in which the airport is located, if any, a copy of the proposed amendment
to the sirport layout plan to depict the project and a copy of any airport master plan in which the project is
described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved aiier January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will use such program for the ,useful life of any
pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will
provide such raports on pavement condition snd pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it has, on
the date of submittal of the project grant application, all the safety equipment required for certifcation of
such airport under section 44706 of Title 49, United States Code, and all the security equipment required
by rule or regulation, and
Page 24 of 40
has provided for access to the passenger enplaning and daplaning area of such airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13, Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the
recipient of the proceeds of 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 Comptroller General of the United States, or any of their
duly authorized representatives, for the purpose of audit and examination, any books, documents, papers,
and records of the recipient that are pertinent to 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 this grant was given or used, it shall fle a certified copy of such audit with the Comptrollar General
of the United States not later than six (6) months following the close of the fscal year for which the audit
was made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under 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 shall pay
to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this grant agreement which involve
labor, such provisions as are necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf
veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by
disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference
shall apply only where the individuals are available and qualifed to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such
plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site
preparation, construction, or other performance under this grant agreament, and, upon approval of tha
Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans,
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specifcations, and schedules shall also be subject to approval of the Secretary, and incorporated into this
grant agreement.
17. Construction Inspection and Approval.
It will provide and maintain coxnpetent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project contained in an approved
project 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 program 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 planning project
and planning work activities.
c. It will include in all published material preparad in connection with the planning project a notice that
the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material preparod
with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of
the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the
proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employeas to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval
of any planning material developed as part of this grant does not constitute or imply any assurance or
commitment on the part of the Secretary to approve any pending or future application for a Federal airpott
grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than
facilities owned or controlled by the United States, shall be operated at all times in a ssfe and serviceabla
condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
Page 26 of 40
state and local agencies for maintenance and operation. It will not causa or permit any activity or action
thereon which would interfare 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 reyuired;
2) Promptly markin� and lighting hazards resulting from airport conditions, including temporary
conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained
herein shall ba construed to require that the airport be operated for aeronautical use during temporary
periods when snow, flood or other climatic conditions interfere with such operation and maintenance.
Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement
of any structure or facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have baen expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect instrument
and visual operations to the airport (including established minimum flight 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 of zoning laws, to restrict the
use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with
normal airport oparations, including landing and takeoff of aircraft. In addition, if the project is for noise
compatibility program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust
discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical
activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is
granted to any person, firm, or corporation to conduct or
Page 27 of 40
to engage in any seronautical activity for furnishing services to the public at the airport, the sponsor will
insert and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the
contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar
types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other
charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of
such sirport 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 fxed-based operator that is authorized or permitted by the airport to serve any sir 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 othar charges with respect to facilities directly and substantially related
to providing air transportation as are applicable to all such air carriers which make similar use of such
airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and
signatory caniers 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 classifcation or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person,
frm, or corporstion operating aircraft on the airport from performing any services on its own aircraft with
its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to
perform,
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the
services involved will be provided on the same conditions as would apply to the furnishing of such services
by commercial aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by
all users of the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical
use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the
civil aviation needs of the public.
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23. Excluaive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to provide,
aeronautical services to the public. For purposes of this paragraph, the providing of the services at an
airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following
apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator
to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of
space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It
further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation,
the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter
flights, pilot training, sircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and
surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft
can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an
seronautical activity now existing at such an airport before the grant of any assistance under Title 49, United
States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will make the
airpoR as self-sustaining as possible under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of collection. No part of the Federal share of
an airport development, airport planning or noise compatibility project for which a gant is made under
Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in
the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December
30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or
other local facilities which are owned or operated by the owner or operator of the airport and which are
directly and substantially related to the actual air transportation of passengers or property; or for noise
mitigation purposes on or off the airport. The following exceptions apply to this paragraph:
1) If covenants or assurances in debt obligations issued before September 3,
1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the
airport owner or operator's facilities, including the airport, to support not only the airport but also the airport
owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues
generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2) If the Secretaty approves the sale of a privately owned airport to a public sponsor and provides funding
for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues
generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on rapayment to
the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized
over a 20-year period) of any airport improvement grant made to the private owner for any purpose other
than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current
fair market value of any land acquired with an airport improvement grant made to that airport on or after
October 1, 1996.
Page 29 of 40
3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a
general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines
the airport sponsor meets the reyuirements set forth in Sec. 813 of Public Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the
audit will review, and the resulting audit report will provide an opinion concerning, the use of airport
revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or
operator are paid or transferred in a manner consistent with Title 49, United 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.
26. Reports and Inspections.
It will;
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may
reasonably request and make such reports available to the public; make available to the public at
reasonable times and places a report of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting
the airport, including deeds, leases, operation and use agreements, regulations and other instruments,
available for inspection by any duly authorized agent of the Secretary upon reasonable request;
c, for noise compatibility program projects, make records and documents relating to the project and
continued compliance with the terms, conditions, and assurances
of this grant agreement including deeds, leases, agreements, cagulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; 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 purposas for which each
such payment was made; �r►d
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 availsble all of the facilities of the airport developed with Federal financial assistance and all
those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except, if the use by Government aircraft is
substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating
and maintaining the facilities used. Unless otherwise determined by the
Secretary, or otherwise ageed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other
authorized aircraft, or during any calendar month that —
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300
or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of
Government aircraft multiplied by gross weights of such aircraft) is in excess of fve million pounds.
28. Land for Federal Facilities.
Page 30 of 40
It will furnish without cost to the F'ederal Government for use in connection with any air traffic control or air
navigation activities, or weather-reporting and communication activities related to air traffic control, any
areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers
necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities
for such purposes. Such areas or any portion thereof will be made available as provided herein within four
months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing
1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite
areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;
2) the location and nature of all existing and proposed airport facilities and structures (such as runways,
taxiways, aprons, terminal buildings, hangars and facilities;
3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon;
and
4) all proposed and axisting access points used to taxi aircraft across the airport's property boundary. Such
airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval
of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of
the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or
alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary
and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the
airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely
affects the safety, utility, or effciency of any federally owned, leased, or funded property on or off the
airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner
or operator will, if requested, by the Secretary (1) eliminate such adversa effect in a raannar approved by the
Secretary; or (2) bear all costs of relocating such
property (or replacement thereo fl to a site acceptable to the Secretary and all costs of restoring such property
(or replacement thereo fl to the level of safety, utility, efficiency, and cost of operation existing before the
unapproved change in the airport or its facilities except in the case of a relocation or replacement of an
existing airport facility due to a change in the Secretary's design standards beyond the control of the airport
sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United
States shall, on the grounds of race, creed, color, national origin, sex, age, or
disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in any activity conducted with, or benefting from, funds received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§
21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non- discrimination reyuirements imposed by, or pursuant
to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the
sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities.
Page 31 of 40
2) Facilities. Whare it receives a grant or other federal financial assistance to construct, expand,
renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire
facility and facilities operated in connection therewith.
assistance in the fornn of, or for the acquisition of real property or an interest
in real property, the assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal financial
assistance is extended to the program, except where the Federal financial assistance is to provide, or is in
the form of, personal property, or real property, or interest therein, or structures or improvements thereon,
in
which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:
1) So long as the airport is used as an airport, or for another purpose involving the provision of similar
services or benefts; or
2) So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notifcation in all solicitations for bids,
Requests For Proposals for work, or material under this grant agreement and in all proposals for
agreements, including airport concessions, regardless of funding source:
"The IName oi onaorl, in accordance with the provisions of Title VI of the Civil Rights Act of 1964
(78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will
affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business
enterprises and airport concession disadvantaged business enterprises will be afforded full and fair
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, or national origin in consideration for an award."
e. Required Contra.ct Provisions,
1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations
relative to non-discrimination in Federally- assisted programs of the DOT, and incorporating the acts and
regulations into the contracts by reference in every contract or agreement subject to the non- discrimination
in Federally-assisted programs of the DOT acts and regulations.
2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to
the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed
from the United States effecting or recording a transfer
of real property, structures, use, or improvaments thereon or interest therein to a sponsor.
4) It will insert non-discrirr►ination contract clauses prohibiting discrimination on the basis of race, color,
national origin, creed, sex, age, or handicap as a
or similar instruments entered into by the sponsor with other parties:
a) For the subsequent lransfer of real property acquired or improved under the applicable activity,
project, or program; and
b) For the construction or use of, or access to, space on, over, or under real property acquired or
improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial
assistance under such program will comply with all requirements imposed or pursuant to the acts, the
Page 32 of 40
regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter
arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a
noise buffer, it wi Il dispose of the land, when the land is no longer needed for such purposes, at fair market
value, at the earliest practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States' share of acquisition of such land will be, at the discretion of the
Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as
prescribed by the Secretary, The Secretary shall give preference to the following, in descending order, (1)
reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47 ] 17(e) of title
49 United States Code, (3) reinvestment in an approved sirport development project that is eligible for grant
funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible
sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport,
and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a
grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may
be used for an approved airport development project that would otherwise be eligible for grant funding or
any permitted use of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it
will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or
make available to the Secretary an amount equal to the United States' proportionate share of the fair market
value of the land. That portion of the proceeds of such disposition which is proportionate to the United
States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be
reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order: (1) reinvestment in an approved noise compatibility
p�'oject, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of
title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for
grant funding under Sections 471 l4, 47115, or 47l 17 of title 49 United States Code, (4) transferred to an
eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that
airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund.
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 zones) or serve as noise buffer land, and (2) the
revenue ftom interim uses of such land contributes to the financial self-sufficiency of the airport. Further,
land purchased with a grant received by an airport operator or owner before December
31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did
not object to such use, and the land continues to be used for that purpose, such use having commenced no
later than December 15, 1989.
d. 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 program management, construction management, planning
studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying,
mapping or related services with respect to the project in the same manner as a contract for architectural and
Page 33 of 40
engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of
1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this grant to be used to fund any project which uses any product or
service of a foreign country during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for products and suppliers of the
Unitad 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 3/2014 (the latest
approved varsion as of this grant offer) and included in this grant, and in accordance
with applicable state policies, standards, and specifications approved by the
Secretary,
3S. Relocation and Real Property Acquisition.
a, It will be guided in acquiring real property, to the greatest extent practicable under
State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C and fair and
reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49
CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The sirport owner or operator will permit, to the maximum extent practicable, intercity buses or other
modes of transportation to have access to the airport; however, it has no obligation to fund special
facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and
perfornnance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of
any concession activity contract covered by 49
CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or
sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and
26. The sponsor shall take all necessary
and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and
administration of DOT-assisted contracts, and/or concession
contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts
26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of
these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the sponsor of its failure to carry out its approved program, the
Department may
impose sanctions as provided for under Parts 26 and 23 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 1936 (31 U.S.C. 3801).
38. Flangar Construction.
Page 34 of 40
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at
the airport for the aircraft at the aircraft owner's expense, the airport owner or oparator will grant to the
aircraft owner for the hangar a long term lease that is subject to such terms and conditions 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 tha 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 frame 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 35 of 40
FAA Airports
Current FAA Advisory Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 3/20/2014
View the most current versions of these ACs and any associated changes at:
�p://www.faa.QOV/airoorts/resources/advisorv circulars
.��� ..� �,�,��ri�����,� ��m,
;.
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�IUIIAB�R Ri.E
70/7460-1 K �bstruction Marking and Lighting
150/5020-1 Nofse Control and Compatibillty Planning for Airports
150/5070-66 irport Master Plans
�hange 1
150/5070-7 he Airport System Planning Process
150/5100-13B pevelopment of State Standards for Nonprimary Airports
150/5200-28D �Votices to Airmen (NOTAMS) for Airport Operators
.........................................w....�........................ ,.� ............................................������.�.e�,�.�.....�...�....._._._....�.�.�.�.�....��_._�..............................�������...�������.....�.�...�..........................................��.....�.....�.............._..�..,
150/5200-30C irport Winter Safety And Operations
Change 1
150/5200-31C irport Emergency Plan
Change 2
��(50/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D ircraft Rescue and Fire Fighting Communications
150/5210-13C irport Water Rescue Plans and Equipment
150/5210-146 ircraft Rescue Fire Fighting Equlpment, Tools and Clothing
150/5210-15A ircraft Rescue and Firefighting Station Building Design
150/5210-18A 8ystems for Interactive Trafning of Airport Personnel
Page 36 of 40
�. Mrw�w�nw��n ror , ,e�.»e....».. �vnmmm�wmmmmrv i.wxxMmMµM+ Yrw;�l'�mMmmlwrvMWm"lmnq'n^��" / �j ��7
`. ; �i iii� � �;�i�iiiii%�////���� i�;iiiiiii ii�j%
it � i iii iiiii � ����� �i
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„ /�,i ,, � '„�;�� �
Y 2 �
,,, . , . , . .. �.i,,i;,,, ��/%/%i. i, ,
150/5210-19A Ipriver's Enhanced Vision System (DEVS) Ground Vehicle Operations on
i rports
150/5220-10E ,�uide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
1150/5220-16D utomated Weather Observing Systems (AWOS) for Non-Federal Applications
150/5220-176 ircraft Rescue and Fire Fighting (ARFF) Training Facilities
150/5220-18A uildings for Storage and Maintenance of Airport Snow and Ice Control
I�quipment and Materials
C 150I5220-20 irport Snow and Ice Control Equipment
hange 1
150/5220-21C ' ircraft Boarding Equipment
150/5220-22B �ngineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 irport Avian Radar Systems
150/5220-26 irport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B)
,�hange 1 Out Squitter Equipment
150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements or
hanges
150/5300-13A irport Design
�Change 1
_.m..eeee .��,� �A��... � _. _ ..� ����_��� �..,�.�.�.w .............�������..�� ..... .. . _.� ....� ...,�U� �..
__a ,
150/5300-14C pesign of Aircraft Deicing Facilities
150/5300-16A General Guidance and Specifications for Aeronautical Surveys; Establishment
f Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B �eneral Guidance and Specifications for Submission of Aeronautical Surveys
Change 1 to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
.. . E_�n.._� _. ..... � . .... .. ._.._....... .�..w..eeeee �.�..�.�....._-_.____ .._��.��.
150/5320-5D ��urf��� Drainage Design
i150/5320-6E I�`pr��t Pavement Design and Evaluation
Page 37 of 40
/r„ ��
� ,,,, , , ' . , ' „ ,,,,;, � o /� , , ...
�IUif118ER � 1TLE � ` „ � „ ,
150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-15A Management of Airport Industrial Waste
150/5235-46 Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength — PCN
�(Draft approved for use)
150/5340-1 L Standards for Airport Markings
150/5340-5D aegmented Circle Airport Marker System
150/5340-18F 5tandards for Airport Sign Systems
150/5340-30G Design and Installation Details for Airport Visual Aids
150/5345-3G 5pecification for L-821, Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150/5345-7F Specification for L-624 Underground Electrical Cable for Airport Lighting
�ircuits
15015345-10G Specification for Constant Current Regulators and Regulator Monitors
q.,,,,,..� � ...� .�.... n�� r� ..... e.e. _ ,wWW�� ......� . .. ........ .. ._ . ..._._.______ .., .... ..... .........
,150/5345-12F Specification for Airport and Heliport Beacons
150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
irport Lighting Circuits
150/5345-26D i�AA Specification For L-823 Plug and Receptacle, Cable Connectors
� 50/5345-27E �pecification for Wind Cone Assemblies
150/5345-28G �'recision Approach Path Indicator (PAPI) Systems
� .� � ............................� �����.������� .. .....w_ ,�A.�. _. _. .m�m �.,,,,,,, .�.�...._ _66��....�... .. � ,�� . �� ��r_
150/5345-39D 6pecification for L-853, Runway and Taxiway Retro reflective Markers
150/5345-42G Specification for Airport Light Bases, Transformer Housings, Junction Boxes,
and Accessories
,150/5345-43G �pecification for Obstruction Lighting Equipment
150/5345-44J ISpecification for Runway and Taxiway Signs
150/5345-45C �.?��r-[mpact Resistant (LIR) Structures
Page 38 of 40
, ..w......,�.�,:�����...,...m—�.,,.,..e „ ,������ , ,,, re,p,�mmm �mrr�nr�+
,,, „ ,,,,i„L ;;,
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.�," ,,,,, , ; ,,,,,� ,. ;;;lr�
NUMB�R RLE � ',�,,,;
150/5345-46D Specification for Runway and Taxiway Light Fixtures
����15015345-47C �"5 ecification for Series to Serie�� �������� �� ��YJ1Y11����������������������� �����
p s Isolation Transformers for Airport Lighting
�ystems
�...� � ........ ... _. �.,......... ...� ....... ._......�..���� e_._........ .� � �m�.. .._�
150/5345-49C Specification L-854, Radio Control Equipment
150/5345-50B �pecification for Portable Runway and Taxiway Lights
150/5345-51 B Specification for Discharge-Type Flashing Light Equipment
'150/5345-52A Generic Visual Glideslope Indicators (GVGI)
150/5345-53D irport Lighting Equipment Certification Program
150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
15015345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B �Specification for L-890 Airport Lighting Control and Monitoring System
�ALCMS)
150/5360-12F Airport Signing and Graphics
150/5360-13 Planning and Design Guidelines for Airport Terminal Facilities
hange 1
i150/5360-14 ccess to Airports By Individuals With Disabilities
150/5370-2F Operational Safety on Airports During Construction
150/5370-10F Standards for Specifying Construction of Airports
150/5370-11 B �Jse of Nondestructive Testing in the Evaluation of Airport Pavements
150I5370-13A �Jff-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5370-15B I irside Applications fo ................��.. � mm.. ....... � ....��_ ..—_ .... ....� .
r Artificial Turt
���.� ....�.,.�.. �. �........_....... o0000000 �.,�n... .___ � ..�_.., m�.,.,. u,aw.,m..
50/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5370-17 irside Use of Heated Pavement Systems
�6. ��.�� �......,.,. . �,.�o,.....ww. ...w��_..w�......_ .�. ....... ....... ...n.__n.�..—..�_ .e�..... .. ... ......mw
�150/5380-66 Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-2C I�fefNport Design
Page 39 of 40
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/7/2014
� „
„
I� ,, ��� : �"�
150/5100-14D Architectural, Engineering, and Planning Consultant Services for Afrport Grant
Projects
�150/5100VV�17 Land Ac ulsiti
.o�. ..�v ._._,.� �.mm_._� � ... on and .e......... _._. __�.,___ � .............. . .0 ......�� �..��ww.�..�..u_u..�
q Relocation Assiatance for Alrport Improvement Program
Changes 1- 6 Assisted ProJects
150/5300-98 �redesign, Prebld, and Preconstruction Conferences for Airport Grant ProJects
150/6300-15A Use of Value Engineering for Engineering Design of Airports Grant Prv)ecta
160/6320-17 irtield Pavement Surtace Evaluatlon and Rating (PASER) Manuals
_......._ww.w ......................�.u���..uYU�.���.�_.................�. �.....�................................ .............�..........................._..______ _.....,,,,,�����__����..........._....................................�.�w�_
150/5370-6D onstruction Progress and Inspection Report — Airport Grant Program
150/5370-12A �uality Control of Construction for Airport Grant Projects
160/5380-7A irport Pavement Management Program
Page 40 of 40