23-1951DocuSign Envelope ID: 6E007CE6-B266-4EE3-92D6-7544AFCCD32C
ORDINANCE NO. 23-1951
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
ACCEPT ON BEFLALF OF THE CITY AN OFFER FROM THE TEXAS DEPARTMENT OF
TRANSPORTATION (“TxDOT”) RELATING TO A GRANT OF $19,320,795;
AUTHORIZING THE EXPENDITURE OF $2,126,755 1N CONTRIBUTORY FUNDS FOR
ENGINEER[NG AND CONSTRUCTION OF PRIMARY RUNWAY AT THE DENTON
ENTERPRISE AIRPORT WITH AN ESTIMATED TOTAL PROJECT COST OF $2 1,267,550;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELATED AIRPORT PROJECT
PARTICIPATION AGREEMENT; AND PROViDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton (“City“) intends to reconstruct the primary runway at the
Denton Enterprise Airport; and
WHEREAS, the project generally consists of engineering and construction of
reconstruction for the primary runway (the “Project“); and
WHEREAS, the City intends to request financial assistance from the Texas Department of
Transportation (“TxDOT”) for the Project; and
WHEREAS, the total Project cost is estimated to be $21,267,550.00 with the City’s
contribution estimated to be $2,126,755.00, calculated as follows: engineering and construction
cost is estimated to be $2 1,267,550, and the City will be responsible for 10% of the total estimated
project costs currently estimated to be $2, 126,755, and
WHEREAS, the Airport Advisory Board on October 11, 2023 voted to recommend
Council approval by a vote of 4 - 0; and
WHEREAS, the City of Denton names TxDOT as its agent for the purposes of applying
for, receiving, and disbursing all funds for these improvements and for the administration of
contracts necessary for the implementation of these improvements; and
WHEREAS, the City Council of the City (“City Council”) hereby directs City Manager,
or their designee, to execute on behalf of the City of Denton, at the appropriate time, and with the
appropriate authorizations of the City Council, all contracts and agreements with the State of
Texas, represented by TxDOT, and such other parties as shall be necessary and appropriate for the
implementation of the improvements at Denton Enterprise Airport; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The findings and recitals contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body ohhis ordinance.
1
DocuSign Envelope ID: 6E007CE6-B2664EE3-92D6-7544AFCCD32C
SECTION 2. The City hereby authorizes the City Manager, or their designee, to execute
on behalf of the City all contracts and agreements with the State of Texas, represented by TxDOT,
for the financial assistance and implementation of the Project at the Denton Enterprise Airport
including the Designation of Sponsor form and the Airport Project Participation Agreement in a
substantially similar form as the draft agreement attached hereto.
SECTION 3. The City Manager, or their designee, is further authorized to carry out all
duties and responsibilities to be performed by the City under the offer for the completion of the
Project, including, but not limited to, the expenditure of funds.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by B,tAx Bc.& L and
seconded py \X„ h ; By,) , the ordinance was passed and approved bythe following vote [] -
Aye
V/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :./
.//
/
,/
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5:L
Chris Watts, At Large Place 6:1/
PASSED AND APPROVED thi, th, 2 C/ - d,y ,fOd,bxr , 2023.
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZA
,\
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]1 BahnI
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:Y SECRETARY
; t1 :itI?t: f 1 ::
DocuSign Envelope ID: 6E007CE6-B266-4EE3-92D6-7544AFCCD32C
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT Project No.: 23 18DENTN
Commission Approval: June 23, 2022
June 29, 2023
NPE Funds Applied: FY20-FY23
UEI: NAQBJ67VUM95
ALN: 20.106
Part 1 - Identification of the Project
TO: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 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 referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated
pursuant to; and under V. T.C. A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon
and Vernon Supp).
The project is described as construction services to: reconstruct south end 18/36 and A6
at Denton Enterprise Airport.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor’s agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the United
States
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
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 as herein
provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON
BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA'’), OFFERS AND AGREES to pay, as
Page 1 of 45 V 9-1-23
the United States share of the allowable costs incurred in accomplishing the project, ninety
percentum of all allowable project costs. This grant is made on and subject to the following terms
and conditions :
Part II - Offer of Financial Assistance
1.The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 2 1-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
S„pP)
2.It is estimated that construction project costs will be approximately $2 1 ,267,550 (Amount
A). It is further estimated that approximately $21,267,550 (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.
3.The maximum obligation of the United States payable under this offer shall be
$ 19,320,795 (Amount C). Any financial participation over this amount is not guaranteed.
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the
State to provide funding to complete the approved work items of this grant and not to
amend the scope of work to include items outside of the current determined needs of this
project. Scope of work may be amended as necessary to fulfill the unforeseen needs of
this specific development project within the spirit of the approved scope, subject to the
availability of state, federal, and/or local funds.
4.It is estimated that the Sponsor’s share of the total project costs will be $2,126,755
(Amount D). At project closeout, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor's share. The Sponsor specifically agrees that it shall pay any project
costs, which exceed the sum of the federal share (Amount C). If the sponsor does not
move forward with construction, they shall reimburse the state 100% of all costs under
contract and/or expended at the point of notification that the project will not be completed.
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage
of financial participation as stated in Paragraph 11-2. The State shall refund to the
Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor.
5 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 limitations, 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
Page 2 of 45 V. 9-1-23
Sponsor will remit their share of the increased grant amount.
The State may decrease the agreement after completion of the describer scope. The
Sponsor will be notified by letter of the decreased 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 final audit of the total amount of allowable project costs and settlement will be made
for any upward or downward adjustments to the Federal share of costs.
6.Sponsor's share of project costs (Amount D) shall be paid initially in cash when requested
by the State. At project closeout, Sponsor will be reimbursed for any credited amounts
that exceed Sponsor’s share.
7.Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as stated. 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 the funds. In addition, the Sponsor shall disclose the source of all funds for the
project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount D) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor
fail to pay said obligation, either in whole or in part, within 30 days of written demand,
the State may exercise its rights under Paragraph V-7. 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.
8 Ban on Texting While Driving.
In accordance with Executive Order 13513, Federal Leadership on Reducing Text
Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging
While Driving, December 30, 2009, the Sponsor is encouraged to:
Adopt and enforce workplace safety policies to decrease crashes caused by
distracted drivers including policies to ban text messaging while driving when
performing any work for, or on behalf of, the Federal government, including work
relating to a grant or subgrant.
Conduct workplace safety initiatives in a manner commensurate with the size of
the business, such as:
Page 3 of 45 V. 9-1-23
a. Establishment of new rules and programs or re-evaluation of existing programs
to prohibit text messaging while driving; and
b. Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b.The Sponsor must insert the substance of this clause on banning texting while driving
in all subgrants, contracts, and subcontracts funded with this Grant.
9. Trafficking in Persons.
A. The Sponsor, as the recipient, and the Sponsor’s your employees, under this award, may
not
1. Engage in severe forms of trafficking in persons during the period of time that the
Grant and applicable conditions are in effect;
2. Procure a commercial sex act during the period of time that the Grant and
applicable conditions are in effect; or
3. Use forced labor in the performance of the Grant.
B. The State as the awarding agency, may unilaterally terminate this Grant, without
penalty, a Sponsor that is a private entity:
1. Is determined to have violated a prohibition in paragraph (a) of this condition; or
2. Has an employee who is determined by the agency official authorized to terminate
the Grant to have violated a prohibition in paragraph (a) of this Condition through
conduct that is either –
a.
b.
Associated with performance under this Grant; or
Imputed to the subrecipient using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR Part
180, OMB Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement), as implemented by our agency at 2 CFR Part
1200
'1J.The Sponsor must inform us immediately of any information you receive from
any source alleging a violation of a prohibition in paragraph (a) of this
Condition.
4.The State’s right to terminate unilaterally that is described in paragraph (a) of
this Condition:
a. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. § 7104(g)), and
b. Is in addition to all other remedies for noncompliance that are available to us
under this Grant Agreement.
10. Employee Protection from Reprisal.
1 .Prohibition of Reprisals
Page 4 of 45 V. 9-1-23
a.In accordance with 41 U.S.C. § 4712, an employee of a State, Sponsor, grantee,
subgrantee, contractor, or subcontractor may not be discharged, demoted, or
otherwise discriminated against as a reprisal for disclosing to a person or body
described in sub-paragraph (a)(2) below, information that the employee reasonably
believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds;
iv. A substantial and specific danger to public health or safety; or
v. A violation of law, rule, or regulation related to a Federal grant.
b.Persons and bodies covered. The persons and bodies to which a disclosure by an
employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress;ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management
at the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct; or
vii. An authorized official of the Department of Justice or other law enforcement
agency.
C.Submission of Complaint. A person who believes that they have been subjected to
a reprisal prohibited by paragraph (a) of this Condition may submit a complaint
regarding the reprisal to the Office of Inspector General (OIG) for the U.S.
Department of Transportation.
Time Limitation for Submittal of a Complaint. A complaint may not be brought
under this subsection more than three years after the date on which the alleged
reprisal took place.
Required Actions of the Inspector General. Actions, limitations, and exceptions of
the Inspector General’s office are established under 41 U.S.C. § 4712(b).
Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a
decision not to conduct or continue an investigation by the OIG, the person
submitting a complaint assumes the right to a civil remedy under 41 U.S.C. §
47 1 2(c)(2).
11.
12
The Sponsor agree to abide by applicable Executive Orders in effect at the time this Grant
Agreement is executed, including Executive Order 14005, Ensuring the Future is Made
in All of America by All of America’s Workers.
Buy American. Unless otherwise approved in advance by the FAA, in accordance with
49 U.S.C. § 50101, 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 which funds are provided under this grant.
Page 5 of 45 V. 9-1-23
The Sponsor will include a provision implementing Buy American in every
contract and subcontract awarded under this Grant.
13.Build America. Buy America. The sponsor must comply with the requirements under
the Build America, Buy America Act (Public Law 1 17-58).
14.Suspension or Debarment. When entering into a “covered transaction” as defined by 2
CFR § 180.200, the Sponsor must:
a.Verify the non-Federal entity is eligible to participate in this Federal program by:
1. Checking the excluded parties list system (EPLS) as maintained within the System
for Award Management (SAM) to determine if the non-Federal entity is excluded
or disqualified; or
2. Collecting a certification statement from the non-Federal entity attesting they are
not excluded or disqualified from participating; or
3. Adding a clause or condition to covered transactions attesting the individual or
firm are not excluded or disqualified from participating.
Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-
tier transactions (e.g., Sub-contracts).
b.
C.Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have
entered into a covered transaction with an ineligible entity or (2) the Public Sponsor
suspends or debars a contractor, person, or entity.
15.Prohibited Telecommunications and Video Surveillance Services and Equipment. The
Sponsor agrees to comply with mandatory standards and policies relating to use and
procurement of certain telecommunications and video surveillance services or
equipment in compliance with the National Defense Authorization Act [Public Law
115-232 § 889(f)(1)] and 2 CFR § 200.216.
16 Critical Infrastructure Security and Resilience. The Sponsor, as applicable,
acknowledges that it has considered and addressed physical and cybersecurity and
resilience in their project planning, design, and oversight, as determined by the DOT
and the Department of Homeland Security (DHS). For airports that do not have specific
DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption
of the cybersecurity requirements from the Transportation Security Administration and
Federal Security Director identified for security risk Category X airports.
The period of performance shall commence on the date the State executes this
agreement. The end date of the period of performance is four years from the date of
execution of the state.
17
Page 6 of 45 V. 9-1-23
PART III - Sponsor Responsibilities
1.In accepting the Agreement, the Sponsor guarantees that:
a.it will comply with the Attachment A, Certification of Airport Fund, attached and
made a part of this agreement; and
b.
C.
d.
e.
it will comply with the Attachment B, Certification of Project Funds, attached and
made a part of this Agreement; and
it will comply with the Attachment E, Certification and Disclosure Regarding
Potential Conflicts of Interest, attached and made a part of this Agreement; and
it will comply with the Attachment F, Airport Assurances (5/2022), attached and
made a part of this Agreement; and
it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant; and
f.the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years; and
g.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
h.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
1.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. This
includes but is not limited to: the process of land disposal, any changes to the
aeronautical or non-aeronautical land uses of the airport, land’s deeded use from
non-aeronautical to aeronautical, requests of concurrent use of land, interim use
of land, approval of a release from obligations from the State/FAA, any of which
will require 18 months, or longer; and
Page 7 of 45 V. 9-1-23
J.
k.
through the fence access shall be reviewed and approved by the State; 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
1.
m.
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).
n.an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must be accounted for in such a manner that an 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
0.for federally funded projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport fund and used for airport
operations; and
P.
q.
the Sponsor must operate and maintain the lighting system during the useful life
of the system in accordance with applicable FAA standards.
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. §§24 1.001 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
Page 8 of 45 V. 9-1..23
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
r.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
S.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
t.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
U.it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in
any other manner in any project upon which Federal and State funds have been
expended. For the purposes of this grant agreement, the term "funds" means
funds, however used or disbursed by the Sponsor or Agent that were originally
paid pursuant to this or any other grant agreement. It shall obtain the approval of
the State as to any determination of the amount of such funds. It shall return the
recovered share, including funds recovered by settlement, order or judgment, to
the State. It shall furnish to the State, upon request, all documents and records
pertaining to the determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All settlements
or other final positions of the Sponsor, in court or otherwise, involving the
recovery of such funds shall be approved in advance by the State.
2.The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon which construction work is to be performed, or have acquired a leasehold
on such property for a term of not less than 20 years, prior to the advertisement for bids
for such construction or procurement of facilities that are part of the above project, and
within the time frame of the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project.
3 The Sponsor, to the extent of its legal authority to do so, shall save harmless the State,
the State’s agents, employees or contractors from all claims and liability due to activities
of the Sponsor, the Sponsor’s agents or employees performed under this agreement. The
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State,
the State's agents, employees or contractors from any and all expenses, including attorney
fees which might be incurred by the State in litigation or otherwise resisting said claim
or liabilities which might be imposed on the State as the result of such activities by the
Page 9 of 45 V. 9-1-23
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, as
provided, 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.
5.The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility
for operation of the facility in compliance with all applicable state and federal
requirements including any statutes, rules, regulations, assurances, procedures or any
other directives before, during and after the completion of this project.
6.
7.
8.
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-Free Workplace Requirements, attached and made a part of this agreement.
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.
9.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 unless the equipment is transferred by agreement to the FAA in accordance
with 49 U.S.C. § 44502(e); 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.
10 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 1 1. The sponsor shall use such program
for the useful life of any pavement constructed, reconstructed, or repaired with Federal
financial assistance at the airport. As a minimum, the program must conform to the
Page 10 of 45 V. 9-1-23
provisions in Attachment D "Pavement Maintenance Management Program”, attached
and made a part of this agreement.
11.the Sponsor agree that because state highway specifications will be used for airfield
pavement construction instead of FM standard specifications, it will not seek AIP grant
funds or supplemental appropriation funds for the rehabilitation or reconstruction of
airfield pavement included in this Grant Agreement for a period of 10 years after
construction is completed unless the FAA determines that the rehabilitation or
reconstruction is required for safety reasons, per 49 U.S.C § 47015(c) or 47114(d)(5).
12.Fencing- if applicable, the Sponsor understand that the fence is being installed to
prevent wildlife from entering the airfield. The Sponsor agrees to maintain the integrity
of the fence for its useful life, but no less than 20 years from the date this Grant was
issued. The Sponsor understand that maintenance of the fence includes repair of damage
to the fence or gates due to any purpose.
Part IV- Nomination of the Agent
1.The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either
of the parties for costs incurred.
2.The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives,
except as otherwise specifically provided.
3.The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its agent
to perform the following services :
Receiving Disbursing Agent :
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant
thereto, and the Sponsor;
b.receive, review, approve and process Sponsor's reimbur$ement requests for
approved project costs; and
C.pay to the Sponsor, from granted funds, the portion of any approved reasonable
and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor’s share.
Page 11 of 45 V. 9-1-23
Paying Agent:
d. receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
+
Contracting Agent:
e. advertise for professional engineering and/or planning services for, but not limited
to, the preparation of planning studies, plans and specifications for the above
project and for the management of the construction of the above project; certify
consultant selection procedures; provide notification of contract award for
professional services; and negotiate professional services fees; and execute, on
behalf of the Sponsor, a professional services agreement as related to this project;
f.administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with federal and state
regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of
opinion, judgment, order or direction between the State and the Sponsor, any
engineer, contractor, or materialman, the State shall issue a written order, which
shall prevail and be controlling;
h.coordinate and review project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Construction Phase:
i. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
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 maintain record drawings.
PART V - Recitals
1.
2
The State and Sponsor shall obtain an audit as required by federal or state regulations.
The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The
power of attorney, as granted by the Sponsor to the State in Part IV - Nomination of
Page 12 of 45 V. 9-1-23
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement.
3.The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors. Such items include, but are not limited to, bid bonds, payment bonds, and
performance bonds. Pursuit and enforcement of contract items may require litigation and
other remedies of law.
4.The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons, which may arise from, or be incidental to, compliance with
this grant agreement.
5.This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or commitment, which the Sponsor
may enter into or assume, or have entered into or have assumed, in regard to the above
project
6.If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a.
b
C.
The reasons for the suspension and the corrective action necessary to lift the
suspenslorl;
A date by which the corrective action must be taken;
Notification that consideration will be given to terminating the grant after thecorrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7 This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below.
a.Of primary importance to the State is compliance with the terms and conditions
of this Agreement. If, however, after 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
Page 13 of 45 V. 9-1-23
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.
b.Venue for resolution by a court of competent jurisdiction of any dispute arising
under the terms of this Agreement, or for enforcement of any of the provisions of
this Agreement, is specifically set by Agreement of the parties in Travis County,
Texas
8.The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably denied
or delayed.
9.This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties.
10.All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§5 and 7
of Article 11 of the Texas Constitution, if applicable) and to the availability of funds
which lawfully may be applied.
11.The Sponsor’s acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Title 49 U.S.C., constituting the contractual obligations and rights of the United
States, the State of Texas and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided.
12 The state auditor may conduct an audit or investigation of any entity receiving funds
from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state
auditor considers relevant to the investigation or audit.
Page 14 of 45 V. 9-1-23
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.
In the event the State 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.
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.
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.
The State will not pay interest on any funds provided by the Sponsor.
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.
A.
B.
C.
D
E
Page 15 of 45 V. 9-1-23
Part VI - Acceptance of the Sponsor
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.
City of Denton. Texas
Sponsor
Sponsor Signature
Sponsor Title
Date
Page 16 of 45 V. 9-1-23
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Title: Director, Aviation Division
Date :
Page 17 of 45 V. 9-1-23
ATTACHMENT A
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.
City of Denton, Texas
(Sponsor)
By:
Title:
Date :
Page 18 of 45 V. 9-1-23
ATTACHMENT B
CERTIFICATION OF PROJECT FUNDS
TxDOT Project No.: 23 18DENTN
The Sponsor does certify that sufficient funds to meet the Sponsor’s share of project costs as
identified in the Airport Project Participation Agreement for said project will be available in
accordance with the schedule shown below:
SPONSOR FUNDS
Source Amount Date Available
City of Denton. Texas
(Sponsor)
By:
Title :
Date :
Page 19 of 45 V. 9-1-23
ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A.The grantee certifies that it will or will continue to provide a drug- Bee workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
( 1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy
of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment
under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute
occurring in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2)
from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees
must provide notice, including position title, to every grant officer or other designee on whose grant activity
the convicted employee was working, unless the Federal agency has designated a central point for the receipt
of such notices. Notices shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2),
with respect to any employee who is so convicted-
( 1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other
approprrate agency;
(g) Making a good faith effort to continue to maintain a drug-Ree workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (D,
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)
Check
Signed:
if there are workplaces on file that are not identified here.
Dated:
Title
Page 20 of 45 V. 9- 1-23
ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
The Sponsor agrees to implement an effective airport pavement maintenance management
program as required by Airport Sponsor Grant Assurance 1 1, Pavement Preventive
Management, which iscodified at 49 U.S.C. § 47 105(e). The Sponsor agrees that it will use the
program for the useful life of any pavement constructed, reconstructed, rehabilitated, Ol
repaired with Federal financial assistance at the airport. The Sponsor further agree. that the
program will
a. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance
of Airport Pavements," for specific guidelines and procedures for maintaining airport
pavements, establishing an effective maintenance program, specific types of distress and its
probable cause, inspection guidelines, and recommended methods of repair:
b.
C.
Detail the procedures to be followed to assure that proper pavement maintenance,
both preventive and repair, is performed;
Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information
Retrieval, and Reference, meeting the following requirements:
1. Pavement Inventory. The following must be depicted in an appropriate form and
level of detail:
Location of all runways, ta:aways, and aprons;
ii, Dimensions;
iii. Type of pavement; and
tV.Year of construction or most recent major reconstruction, rehabilitation. or
repaIr.
2 Inspection Schedule.
i.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 the Advisory Circular 150/5380-6,
the frequency of inspections may be extended to three years.
11 Drive-By Inspection. A drive-by inspection must be performed a minimum of
once per month to detect unexpected changes in the pavement condition. For
drive-by inspections. the date of inspection and any maintenance performed
must be recorded.
Page 21 of 45 V. 9-1-23
1. Record Keeping. Complete information on the findings of all detailed inspections and
on the maintenance performed must be recorded and kept on file for a minimum of
five years. The type of distress, location, and remedial action. scheduled or performed,
must be documented. The minimum informationis:
i. Inspection date;
ii. Location;
iii. Distress types; and
iv. Maintenance scheduled or performed
Information Retrieval System. The Sponsor must be able to retrieve the information
and records produced by the pavement survey to provide a report to the State as may be
required.
2
Page 22 of 45
ATTACHMENT E
Certification and Disclosure Regarding Potential Conflicts of Interest Certification Form
A sponsor must disclose in writing any potential conflict of interest to the Texas Department of Transportation. No
employee, officer or agent of the sponsor shall participate in selection, or in the award or administration of a contract
supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise
when
1. The employee, officer or agent,
2.
3.
4.
Any member of his immediate family,
His or her partner, or
An organization which employs, or is about to employ, any of the above, has a financial or other interest in the
firm selected for award. The sponsor’s officers, employees or agents will neither solicit nor accept gratuities,
favors or anything of monetary value from contractors, potential contractors, or parties to subagreements.
Sponsor may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item
of nominal intrinsic value. To the extent permitted by state or local law or regulations, such standards or
conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by
the grantee's and subgrant recipient’s officers, employees, or agents, or by contractors or their agents.
The sponsor must maintain a written code of standards of conduct governing the performance of their employees
engaged in the award and administration of contracts.
1. By checking “Yes,” the sponsor certifies that it does not have any potential conflict of interest or Significant
Financial Interests. By checking “No,” the sponsor discloses that it does have a potential conflict of interest,
which is further explained below.
[] Yes [] No
2. The sponsor maintains a written code of standards of conduct governing the performance of their employees
engaged in the award and administration of contracts. By checking “No”, the sponsor discloses that it does not
have a written policy, which is further explained below.
[] Yes [] No
3. Explanation of items marked “no”:
Sponsor’s Certification
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the
explanation for any item marked “no” is correct and complete.
I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully
providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could
subject me to fines, imprisonment, or both.
Signature of Sponsor’s Designated Official Representative:
Date :
Page 23 of 45
ATTACHMENT F
ASSURANCES
AIRPORT SPONSORS
5/2022
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 Public Law 117-58, Division J,
Title VIII, 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 Projects 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 facilities developed or equipment
acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project items installed within a facility under a
noise compatibility program project, but in any event not to exceed twenty (20)
years from the date of acceptance of a grant offer of Federal funds for the project.
However, there shall be no limit on the duration of the assurances regarding
Exclusive Rights and Airport Revenue so long as the airport is used as an airport.
There shall be no limit on the duration of the terms, conditions, and assurances
with respect to real property acquired with federal funds. Furthermore, the
duration of the Civil Rights assurance shall be specified in the assurances.
Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
2.
The preceding paragraph (1) also applies to a private sponsor except that the
useful life of project items installed within a facility or the useful life of the
facilities developed or equipment acquired under an airport development or noise
compatibility program project shall be no less than ten (10) years from the date of
acceptance of Federal aid for the project.
Airport Planning Undertaken by a Sponsor.3
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6,
13, 18, 23, 25, 30, 32, 33, 34, and 37 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 Exclusive Rights and Airport Revenue so long
as the airport is used as an airport.
Page 24 of 45
C. Sponsor Certification.
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, policies,
guideIInes, and requirements as they relate to the application, acceptance, and use of Federal
funds for this Grant including but not limited to the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended
b. Davis-Bacon Act, as amended – 40 U.S.C. 99 3141-3144, 3146, and 3147, et seq.1
c. Federal Fair Labor Standards Act - 29 U.S.C. S 201, et seq.
d. Hatch Act – 5 U.S.C. g 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601,
et seq.1, 2
National Historic Preservation Act of 1966 – Section 106 - 54 U.S.C. § 306108.1
g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 9 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. 9 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. g 4012a.1
1. 49 U.S.C. 9 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. e 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. g 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended
r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. S 4151, et seq.1
s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 - 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.1
u. Copeland Anti-kickback Act - 18 U.S.C. 9 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 9 4321, et seq.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. 9 1271, et seq.
x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.2
y. Drug-Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105.
f.
Page 25 of 45
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Build America, Buy America Act, P.L. 117-58, Title IX
EXECUTIVE ORDERS
a. Executive Order 11246 – Equal Employment Opportunity1
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 12699 – Seismic Safety of Federal and Federally Assisted New Building
Construction1
f. Executive Order 12898 – Environmental Justice
g. Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency
h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government
Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender Identity
or Sexual Orientation
j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers
k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad
FEDERAL REGULATIONS
a. 2 CFR Part 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. 4’ 5
c. 2 CFR Part 1200 –Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 – Investigative and Enforcement Procedures.
e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150 – Airport Noise Compatibility Planning.
g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR 9 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1
29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.1
k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts
Subject to the Contract Work Hours and Safety Standards Act).1
Page 26 of 45
1.
1.
J.
1. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and Federally-assisted contracting requirements).1
m. 49 CFR Part 20 – New Restrictions on Lobbying.
n.
0.
P.
q.
r.
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.
49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions.
49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally-Assisted Programs.1’ 2
49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department 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-Free Workplace (Financial Assistance).
V.49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 – Americans with DisabilitIes Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41– Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shal
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code
4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining
the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
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 Agreement.
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 filing of the application, including all understandings and assurances contained
therein, and directing and authorizing the person identified as the official
Page 27 of 45
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 file 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 sufficient funds available to assure operation and maintenance of
items funded under this 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.Subject to the FAA Act of 2018, Public Law 115-254, Section 163, it will not sell,
lease, encumber, or otherwise transfer or dispose of any part of its title or other
interests in the property shown on Exhibit A to this application or, for a noise
compatibility 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 financial resources to carry out all such obligations, the sponsor
shall insert in the contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions, and
assurances contained in this Grant Agreement.
C.For all noise compatibility program projects which are to be 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
Page 28 of 45
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 there is substantial non-
compliance with the terms of the agreement.
e.If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public-use airport in
accordance with these assurances for the duration of these assurances.
f.If an arrangement is made for management and operation of the airport by any
agency or person other than the sponsor or an employee of the sponsor, the
sponsor will reserve sufficient rights and authority to ensure that the airport will
be operated and maintained in accordance with Title 49, United States Code, the
regulations and the terms, conditions and assurances in this Grant Agreement and
shall ensure 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 permission for the owner of
residential real property adjacent to or near the airport must comply with the
requirements of 49 U.S.C. 9 47107(s) 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 undertaken reasonable consultations with affected parties using the airport
at which project is proposed.
9.Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension,
it has afforded the opportunity for public hearings for the purpose of considering the
economic, social, and environmental effects of the airport or runway location and its
consistency with goals and objectives of such planning as has been carried out by the
Page 29 of 45
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 metropolitan planning organization in the area in which the airport is located, if
any, a copy of the proposed amendment to the airport 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 after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an
effective airport pavement maintenance-management program and it assures that it will use
such program for the useful life of any pavement constructed, reconstructed or repaired with
Federal financial assistance at the airport. It will provide such reports on pavement condition
and pavement management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49,
it has, on the date of submittal of the project grant application, all the safety equipment
required for certification of such airport under 49 U.S.C. g 44706, and all the security
equipment required by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers enplaning and deplaning from
aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a.It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of 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 file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which
the audit was made
Page 30 of 45
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 under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), 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
49 U.S.C. S 47112. However, this preference shall apply only where the individuals are available
and qualified 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
Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant
Agreement. Any modification to the approved plans, specifications, and schedules shall also be
subject to approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supetvision 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.
b.
C.
It will execute the project in accordance with the approved program narrative
contained in the project application or with the modifications similarly approved.
It will furnish the Secretary with such periodic reports as required pertaining to
the planning project and planning work activities.
It will include in all published material prepared in connection with the planning
project a notice that the material was prepared under a grant provided by the
United States.
d. It will make such material available for examination by the public, and agrees that
no material prepared with funds under this project shall be subject to copyright in
the United States or any other country.
Page 31 of 45
e.
f.
It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant.
It will grant the Secretary the right to disapprove the sponsor's employment of
specific consultants and their subcontractors to do all or any part of this project as
well as the right to disapprove the proposed scope and cost of professional
services
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary’s approval of this project grant or the
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 airport grant.
19. Operation and Maintenance.
a.The airport and all facilities which are necessary to serve the aeronautical users of
the airport, other than facilities owned or controlled by the United States, shall be
operated at all times in a safe and serviceable condition and in accordance with
the minimum standards as may be required or prescribed by applicable Federal,
State and local agencies for maintenance and operation. It will not cause or permit
any activity or action thereon which would interfere with 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.
2.
3.
Operating the airport's aeronautical facilities whenever required;
Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
Promptly notifying aviators of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood, or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it
owns or controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight 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.
Page 32 of 45
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws,
to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities
and purposes compatible with normal airport operations, including landing and takeoff of
aircraft. In addition, if the project is for noise compatibility program implementation, it will not
cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility,
with respect to the airport, of the noise compatibility program measures upon which Federal
funds have been expended.
22. Economic Nondiscrimination.
a.It will make the airport available as an airport for public use on reasonable terms
and without unjust discrimination to all types, kinds and classes of aeronautical
activities, including commercial aeronautical activities offering services to the
public at the airport.
b.In any agreement, contract, lease, or other arrangement under which a right or
privilege at the airport is granted to any person, firm, or corporatIon to conduct or
to engage in any aeronautical activity for furnishing services to the public at the
airport, the sponsor will insert and enforce provisions requiring the contractor to:
1. Furnish 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 airport and utilizing the same or
similar facilities.
d.
e.
Each air carrier using such airport shall have the right to service itself or to use any
fixed-based operator that is authorized or permitted by the airport to serve any air
carrier at such airport.
Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant
of another air carrier tenant) shall be subject to such nondiscriminatory and
substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to
providing air 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 carriers and non-
signatory carriers. Classification or status as tenant or signatory shall not be
unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification
or status.
f. It will not exercise or grant any right or privilege which operates to prevent any
person, firm, or corporation operating aircraft on the airport from performing any
Page 33 of 45
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.
i.
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.
The sponsor may prohibit or limit any given type, kind or class of aeronautical use
of the airport if such action is necessary for the safe operation of the airport or
necessary to serve the civil aviation needs of the public.
23. Exclusive Rights.
It will 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.
b.
It would be unreasonably costly, burdensome, or impractical for more than one
fixed-based operator to provide such services, and
If allowing more than one fixed-based operator to provide such services would
require the reduction of space leased pursuant to an existing agreement between
such single fixed-based operator and such airport. It further agrees that it will not,
either directly or indirectly, grant or permit any person, firm, or corporation, the
exclusive right at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial
photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance
of aircraft, sale of aircraft parts, and any other activities which because of their
direct relationship to the operation of aircraft can be regarded as an aeronautical
activity, and that it will terminate any exclusive right to conduct an aeronautical
activity now existing at such an airport before the grant of any assistance under
Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the
particular airport, taking into account such factors as the volume of traffic and economy of
collection. No part of the Federal share of an airport development, airport planning or noise
compatibility project for which a Grant is made under Title 49, United States Code, the Airport
and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway
Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and
charges for users of that airport.
Page 34 of 45
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 Secretary 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 repayment 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.
3.Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as
defined at 49 U.S.C. § 47102), if the FAA determines the airport
sponsor meets the requirements set forth in Section 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 49 U.S.C. S 47107.
Page 35 of 45
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, regulations, and
other instruments, available for inspection by any duly authorized agent of the
Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and
make available to the public following each of its fiscal years, an annual report
listing in detail:
1. all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
2. all services and property provided by the airport to other units of
government and the amount of compensation received for provision
of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with 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 agreed to by the sponsor and the using
agency, substantial use of an airport by Government aircraft will be considered to exist when
operations of such aircraft are in excess of those which, in the opinion of the Secretary, would
unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land
adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government aircraft
multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather-reporting and communication activities related
Page 36 of 45
to air traffic control, any areas of land or water, or estate therein 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.Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163,
it will keep up to date at all times an aIrport layout plan of the airport showing:
1.
2.
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;
the location and nature of all existing and proposed airport facilities
and structures (such as runways, taxiways, aprons, terminal buildings,
hangars and roads), including all proposed extensions and reductions
of existing airport facilities;
3.the location of all existing and proposed non-aviation areas and of all
existing improvements thereon; and
4. all proposed and existing 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 Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163,
if a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner
or operator will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary;
or
2 bear all costs of relocating such property (or replacement thereof) to
a site acceptable to the Secretary and all costs of restoring such
property (or replacement thereof) to the level of safety, utility,
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.
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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, color, and national origin (including limited English proficiency) 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); creed and sex (including sexual orientation and gender identity) per 49
U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and
related requirements; or disability per the Americans with Disabilities Act of 1990 and related
requirements, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any program and activity conducted with, or benefiting from,
funds received from this Grant.
a.Using the definitions of activity, facility, and program as found and defined in 49
CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all
facilities, or conduct all programs in compliance with all non-discrimination
requirements 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.
2.Facilities. Where 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.
3.Real Property. Where the sponsor receives a grant or other Federal
financial assistance in the form 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 benefits; or
2. So long as the sponsor retains ownership or possession of the
property.
d Required Solicitation Language. It will include the following notification 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:
Page 38 of 45
“The (Name of Sponsor), 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 or offerors that it will affirmatively ensure
that for any contract entered into pursuant to this advertisement, [select
businesses, or disadvantaged business enterprises or airport concession
disadvantaged business enterprises] will be afforded full and fair opportunity to
submit bids in response to this invitation and no businesses will be discriminated
against on the grounds of race, color, national origin (including limited English
proficiency), creed, sex (including sexual orientation and gender identity), age, or
disability in consideration for an award.”
e.Required Contract 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 Department of
Transportation (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
improvements thereon or interest therein to a sponsor.
4.It will insert non-discrimination contract clauses prohibiting
discrimination on the basis of race, color, national origin (including
limited English proficiency), creed, sex (including sexual orientation
and gender identity), age, or disability as a covenant running with the
land, in any future deeds, leases, license, permits, or similar
instruments entered into by the sponsor with other parties:
a.
b.
For the subsequent transfer of real property acquired or
improved under the applicable activity, project, or
program; and
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 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.
Page 39 of 45
31. Disposal of Land.
a.For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when the land is
no longer needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition which is
proportionate to the United States' share of acquisition of such land will 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 49 U.S.C. § 47117(e);
3. Reinvestment in an approved airport development project that is
eligible for grant funding under 49 U.S.C. g 47114, 47115, or 47117, or
under Public Law 117-58, Division J, Title VIII; or
4. Transfer to an eligible sponsor of another public airport to be
reinvested in an approved noise compatibility project at that airport.
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.
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, 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:
b.
1.
2.
3.
Reinvestment in an approved noise compatibility project;
Reinvestment in an approved project that is eligible for grant funding
under 49 U.S.C. 9 47117(e);
Reinvestment in an approved airport development project that is
eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117,
or under Public Law 117-58, Division J, Title VIII; or
4. Transfer to an eligible sponsor of another public airport to be
rein\rested in an approved noise compatibility project at that airport.
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 from interim uses of such
land contributes to the financial self-sufficiency of the airport. Further, land
purchased with a grant received by an airport operator or owner before December
Page 40 of 45
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.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title
49 U.S.C., or Public Law 117-58, Division J, Title VIII 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 in the same manner as a contract for architectural and engineering services is
negotiated under Chapter 11 of Title 40 U.S.C., or an equivalent qualifications-based
requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed
by the United States Trade Representative as denying fair and equitable market opportunities
for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under Bipartisan Infrastructure Law grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited
to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/aip pfc checklist) for BIL
projects as of [Application Date].
35. 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.
C.
It will provide a relocation assistance program offering the services described in
Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and
assistance to displaced persons as required in Suk)part D and E of 49 CFR Part 24.
It will make available within a reasonable period of time prior to displacement,
comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses
or other modes of transportation to have access to the airport; however, it has no obligation to
fund special facilities for intercity buses or for other modes of transportation.
Page 41 of 45
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, sex, in the award
and performance 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 Disadvantaged Business Enterprise (DBE) and Airport Concessions
Disadvantaged Business Enterprise (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. g 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. gS 3801-3809,
3812)
38. Hangar Construction.
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
operator 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 49
U.S.C. 9 47102) has been unable to accommodate one or more requests by an air
carrier for access to gates or other facilities at that airport in order to allow the air
carrier to provide service to the airport or to expand service at the airport, the
airport owner or operator shall transmit a report to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be
accommodated; and
3. Provides a time 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.
View the most current Series 150 Advisory Circulars ( ACs) for Airport Projects :
http://www.faa.gov/airports/resources/advisory circulars and
http://www.faa.gov/regulationsJ30licies/advisory_circulars
Page 42 of 45
I have read and agree to follow the attached FAA Grant Assurances.
City of Denton, Texas
(Sponsor)
By:
Title:
Date:
For more information, please consultant the AIP handbook.
https://www.faa.gov/airports/aip/aip handbook/
Page 43 of 45
Table 2-5 Duration and Applicability of Grant Assurances (Airport Sponsors)
Assurances that...Include (by assurance # if applicable).. .
d.Apply for the
useful life of the
project (not to
exceed 20
years from the
grant
acceptance
date) except in
the case of a
land acquisition
grant, for which
the useful life is
indefinite and
the assurance
obligations do
not expire.
#5
#1 1
#19
Preserving Rights and Powers
Pavement Preventive Maintenance (This applies to all of the airfield
pavement on the airport, not just the specific pavement in the grant.)
Operations and Maintenance
11 #20 Hazard Removal and Mitigation
#21 Compatible Land Use
#22 Economic Nondiscrimination
#24 Fee and Rental Structure
#27 Use by Government Aircraft
#28 Land for Federal Facilities
#29 Airport Layout Plan
#36 Access by Intercity Buses
#37 Disadvantaged Business Enteprises (See 49 CFR parts 23 and 26, since
certain program requirements may extend the obligation beyond the 20 year
period, while the DBE requirements for the project apply until the project is
closed. )
#38
#39
Hangar Construction
Competitive Access
e-Last for as long
as the airport is
owned and
operated as an
airport
#23 Exclusive Rights
#25 Airport Revenue
#30 Civil Rights
#31 Disposal of Land
Page 44 of 45
Table 3-7 Minimum Useful Life
Project Type
pnjecis (unless lbted separately bek7w)a Aig
b. AH equipment and veNclu (ulless IIsted separately I>eW
bn, which is 2D years)c. Pavwnent rehabilitation (not
d. Asprult seal coal SIUITy seal, and joint seatIng
e. Concrete iom
t A&field lighting arxl signage
g. ARFF vehicles
h.
on
PnHecHve Ensembles for SKtztural FirdighUng and Proximity Fire$gMing)
1. ARFF proximity gear {firefighting suits), which is also referred to as slit:ks
bunker, or turn out gear {per the National Fire Protection Association 1971
Standard on Protective Ensunbles for Structwai Firefighting and ProximIty
20 years
10 years
10 years
3 years
7 years
J. NAVAIDs and Weathu Reporting Equipment
L Buildings
I. Land
m. Loading Bridges
n, Fencing
15 years
40 years
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