2008-075s:\our documents\ordinances\O8\airport tzdot constmction agreemenldoc
ORDINANCE NO. ,2~~-~~/~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO THE CONSTRUCTION OF IMPROVEMENTS AT THE
DENTON MUNICIPAL AIRPORT; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton or his designee is hereby authorized to
execute on behalf of the City of Denton an Airport Project Participation Agreement with the Texas
Department of Transportation relating to construction services and design/engineering services at
the Denton Municipal Airport, a copy of such contract being attached hereto and made a part hereof
for all purposes and referenced as TxDOT Contract No. 8XXAV063.
SECTION 2. The City Manager or his designee is the City's authorized representative who is
directed to comply with any assurances, conditions, or agreements required to be executed to
receive the funds provided under the Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
day of ~ , 2008.
~~
ERRY R. McNEILL, MAYOR
BY~~~,/G~~
TEXAS DEPARTMENT OF TRANSPORTATION
AIItPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CS7 No.: 0818DNTON
TxDOT Project No.: AP DENTON
TxDOT Contract No.: 8XXAV063
Commission Approval: February 28, 2008
NPE Funds Applied: FY05, FY06
Part I -Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas,
and the City of Denton, Texas, (hereinafter referred to as the "Sponsor").
The Sponsor desires to sponsor a project for the development of a public aviation facility,
known or to be designated as the Airport under the Airport and Airway Improvement Act of
1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq.,
(hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures
promulgated pursuant to; and under V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et
seq. (Vernon and Vernon Supp).
The project is described as design services to: construct hangar access Taxiways 1,2,3,
and 4; construct holding pad and relocate utilities at the Denton Municipal Airport.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the United
States.
Pursuant to'and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as
provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and conditions provided,
THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF
THE i7NITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER
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REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States
share of the allowable costs incurred in accomplishing the project, ninety percentum of all
allowable project costs. This grant is made on and subject to the following terms and conditions:
Part H -Offer of Financial Assistance
1. The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 2]-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that design engineering project costs will be approximately $150,000
(Amount A). It is further estimated that approximately $150,000 (Amount B) of the
project costs will be eligible for federal financial assistance, and that federal financial
assistance will be for ninety percent (90%) of the eligible project costs. Final
determination of federal eligibility of total project costs will be determined by the State in
accordance with federal guidelines following completion of project.
The estimated project cost for the construction phase of this project is $1,480,000
(Amount C). The construction phase will be started upon completion of design,
dependent upon availability of federal funds, and approval of the Texas Transportation
Commission. A sepazate grant will be issued for the construction phase.
In the event that federal funds are unavailable, this Agreement shall automatically be
voided and become of no force and effect, except that unexpended or unencumbered
moneys actually deposited by the Sponsor and held with the State for project purposes
shall be returned to the Sponsor.
3. The maximum obligation of the United States payable under this offer shall be $135,000
(Amount D).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the
State to provide funding to 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 $15,000 (Amount
E). The Sponsor specifically agrees that it shall pay any project costs, which exceed the
sum ofthe federal shaze (Amount D).
It is further agreed that the Sponsor will reimburse the State for any payment or payments
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made by the State in behalf of the Sponsor which are in excess of the federal percentage
of financial participation as stated in Paragraph II-2. The State shall refund to the
Sponsor, at the financial closure of the project, any excess funds provided by the Sponsor.
5. During design, if the estimated eligible construction project costs exceed Amount C,
above, the Sponsor may request the State to void this Agreement. The State shall agree to
void this Agreement upon the satisfaction of the following conditions:
a. the Sponsor's request to the State to void the Agreement shall be in writing and
dated; and
b. if required by the State, the Sponsor shall reimburse the State for funds expended
on this project and Sponsor shall assume the responsibility for any future expenses
for contracted services or materials related to the project for which a contract had
been executed prior to the Sponsor's request to void the Agreement. Sponsor
funds held by the State may be retained until this requirement is satisfied; and
c. failure on the part of the Sponsor to comply with the conditions of this paragraph
shall constitute a breach of this Agreement.
6. Upon satisfaction of the conditions specified in Paragraph II-5 above, the State shall
declare this Agreement null and void, and this Agreement shall have no force and effect,
except that unexpended or unencumbered moneys actually deposited by the Sponsor and
held with the State for project purposes shall be returned to the Sponsor within a
reasonable time.
7. If there is an overrun in the eligible project costs, the State may increase the grant to
cover the amount of overrun not to exceed the statutory twenty-five (25%) percent
limitation, and will advise-the Sponsor by amendment of the increase. Upon receipt of
the aforementioned amendment, the maximum obligation of the United States is adjusted
to the amount specified and the Sponsor will remit their share of the increased grant
amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the
dollaz 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 downwazd adjustments to the Federal shaze of costs.
8. Sponsor's share of project costs (Amount E) shall be paid initially in cash when
requested by the State. At project closeout, Sponsor will be reimbursed for any credited
amounts that exceed Sponsor's share.
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9. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its shaze of the costs. The Sponsor grants to
the State and federal government the right, upon advance written request during
reasonable and regular business hours, to audit any books and records of the Sponsor to
verify said funds. In addition, the Sponsor shall disclose the source of all funds for the
project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount E) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor
fail to pay the obligation, either in whole or in part, within 30 days of written demand, the
State may exercise its rights under Pazagraph V-7. Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law or
equity.
Expenditures for eligible project costs for the above project made by the State or the
Sponsor prior to the award of a federal grant for the project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made from Sponsor funds.
10. The State shall make all reasonable attempts to acquire federal funding for the completion
and construction of this project within two years of completion of design services. The
Sponsor agrees to complete and construct this project within two yeazs of completion of
design services, subject to the availability of federal funds.
PART III -Sponsor Responsibilities
In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification of Airport Fund, attached and
made a part of this Agreement; and
b. it will comply with the Attachment B, Airport Assurances (3/2005)(State
Modified 3/2005), attached and made a part of this Agreement; and
c. 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
d. 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
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e. 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 teen of this Agreement; and
f. 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 aze 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, pazking aprons, roads, airport lighting and navigational aids; and
g. it shall not permit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA; and
h. it shall not enter into any agreement nor permit any aircraft to gain direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to this prohibition,
commonly known as a "through-the-fence operation," unless an exception is
granted in writing by the State due to extreme circumstances; and
i. 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
j. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
k. 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).
I. an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account aze discernible from other
types of moneys identified in the fund as a whole. All fees, chazges, rents, and
money from any source derived from airport operations must be deposited in said
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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
m. 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
n. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
o. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in Tex. Loc. Govt. Code Ann. §§ 241.001 et
seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation
easements or other property interests in or rights to use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
impractical or will result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
such subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State; and
p. 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
q. aRer 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
r. 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
s. 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
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the State as to any determination of the amount of such funds. h 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 cleaz title in fee simple to all
property upon which construction work is to be performed, or have acquired a leasehold
on such property for a term of not less than 20 years, prior to the advertisement for bids
for such construction or procurement of facilities that are part of the above project, and
within the time frame of the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project.
3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of
the Sponsor, the Sponsor's agents or employees performed under this agreement. The
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all expenses, including attorney
fees which might be incurred by the State in litigation or otherwise resisting the claim or
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees.
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, and the
Agreement shall comprise a contract, constituting the obligations and rights of the State
of 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 yeazs.
5. Sponsor agrees to provide a suitable location for pre-bid and for pre-construction
conferences, and for the submission and opening of construction bids.
6. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility
for operation of the facility in compliance with all applicable state and federal
requirements including any statutes, rules, regulations, assurances, procedures or any
other directives before, during and afrer the completion of this project.
7. The Sponsor shall have on file with the State a current and approved Attorney's
Certificate of Airport Property Interests and Exhibit A property map.
8. The Sponsor shall have on file with the State, Attachment C, Certification Regarding
Drug-Free Workplace Requirements, attached and made part of this agreement.
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9. Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in
every contract a provision implementing this special condition.
10. Except for instrument landing systems acquired with AIP funds and later donated to and
accepted by the FAA, the Sponsor must provide for the continuous operation and
maintenance of any navigational aid funded under the AIP during the useful life of the
equipment. The sponsor must check the facility, including instrument landing systems,
prior to conunissioning to ensure it meets the operational standazds. The Sponsor must
also remove, relocate, or lower each obstruction on the approach or provide for the
adequate lighting or mazking of the obstruction if any aeronautical study conducted under
FAR Part 77 determines that to be acceptable; and mark and light the runway, as
appropriate. The Federal Aviation Administration will not take over the ownership,
operation, or maintenance of any sponsor-acquired equipment, except for instrument
landing systems.
11. For a project to replace or reconstruct pavement at the airport, the Sponsor shall
implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number 11. The sponsor shall use such program
for the useful life of any pavement constructed, reconstructed, or repaired with Federal
financial assistance at the airport. As a minimum, the program must conform to the
provisions in Attachment D "Pavement Maintenance Management Program", attached
and made part of this agreement.
12. The Sponsor may utilize paving specifications meeting State Highway criteria for
runways at non-primary airports with lengths up to 5,000 feet and serving aircraft not
exceeding 60,000 pounds gross take-off weight. The sponsor agrees not to request
additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing
State specification for 10 years from pavement acceptance.
Part IV- Nomination of the Agent
The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either of
the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant aze
done in compliance with all applicable state and federal requirements including any
statutes, rules, regulations, assurances, procedures or any other directives, except as
otherwise 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
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to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation;
b. receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
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.
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;
Page 9 of 27
j. participate in pre-bid and pre-construction conferences; and issue orders as it
deems appropriate regazding 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. The State and the Sponsor shall obtain an audit as required by federal or state regulations
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The
power of attorney, as granted by the Sponsor to the State in Part IV -Nomination of
Agent, is a limited power to perform acts in connection with airport improvements as
specified in or necessitated by this Agreement.
3. The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors. Such items include, but aze 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 [he contracting parties and is not
intended or executed for the direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or commitment, which the Sponsor
may enter into or assume, or have entered into or have assumed, in regard to the above
project.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a. The reasons for the suspension and the corrective action necessary to lifr the
suspension;
b. A date by which the corrective action must be taken;
c. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
Page 10 of 27
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 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 be
denied or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning their
rights and responsibilities in regard to this project and shall not be modified, amended,
rescinded or revoked unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including §§ 5 and 7
of Article 11 of the Texas Constitution, if applicable) and to the availability of funds
which lawfully maybe 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
Page 11 of 27
Project and compliance with the assurances and conditions as provided
12. The state auditor may conduct an audit or investigation of any entity receiving funds from
the state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with
those funds. An entity that is the subject of an audit or investigation must provide the
state auditor with access to any information the state auditor considers relevant to the
investigation or audit.
Page 12 of 27
Part VI -Acceptance of the Sponsor
The City of Denton, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the Agreement, and does accept the Offer, and agrees to all of the tenns
and conditions of the Agreement.
Executed this ~ ~ day of - /~~ 20~
The Ci of Denton Texas
p~nsor-
_~
,.-~ `7 ~ -
Wi ess Sign re Sponsor Signature
Witnes Title ~ ~pons~Sr Title/
Certificate of Sponsor's Attorney
I, John M. Knight ,acting as attorney for City of Iknton
Texas, do certify that I have fully examined the Agreement and the proceedings taken by the
Sponsor relating, and find that the manner of acceptance and execution, of the Agreement by the
Sponsor, is in accordance with the laws of the State of Texas.
Dated at Iknton
Texas, this IOth day of March
1
/~
( !9 ix~T ~C~+S~~ara-~f
Witness Signature
Ad~mnistrative Assistant
20~
~~e Attomey~S' nature~-
Witness Title
Page 13 of 27
Part VII =Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
~ KerdriWiedemann, Director Grant Management
Avlatlon,Dniision
Texas Department of Transportadon
Date: ~I ~ I ~ ~.
Page 14 of 27
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.
The Ci of Denton Texas
By
Title: {~,`ce c-~~ o ~ lLit,z,c-~~,c
Date: 3~'7 ~p
Page 15 of 27
ATTACHMENT B
PART V
ASSURANCES
Airport Spoosore (3-2005)
A. GeoeraL
1. These assurances shall be complied with in [he 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 az part of the project Airport Project Participation Agreement (hereinafter
referred to az "APPA") by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As
used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private
sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and
private sponsors.
3. Upon acceptance of the grant offer by [he sponsor, these assurances are incorporated in and become part of the grant
agreement.
B. Duretioa and Applicability.
1. Airport development or Noise Compatibility Program Projects Uudertaken by a Public Agency Spoasor. The terms,
conditions and azsumnces of the 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 [o exceed twenty (20) years
from the date of acceptance of a gran[ 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 azsumnecs with respect to real property acquired with federal funds. Furthermore, the duration of
the Civil Rights azsurance shall be specified in the assurances.
2. Airport Developmcat or Noise Compatibility Projects Undertaken by a Private
Spoasor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed
within a facility or [he 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 Pedeml aid for the project.
3. Airport Plaaaiag Uadertakea by a Spoasor. Unless otherwise specified in the grant agreement, only Assurances ], 2, 3,
5, 6, 13, 18, 3Q 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement
shall remain in full force and effect during the life of the project.
C: Spoasor CertiLeation. The sponsor hereby assures and certifies, with respect to this grant that:
1: General Federal Requtremeah. II will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as [hey relate to the application, acceptance and use of Federal funds for this project including but not
limited [o the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VU, as amended.
b. Davis-Bacon Act-40 U.S.C. 276(a), e[seo.~
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea
d. Hatch Act-S U.S.C. 1501, et seo'
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sen.~
x
f. National Historic Preservation Act of 1966 -Section 106 - 16 U.S.C. 470(f). ~
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469a~
h. Native Americans Grave Repatriation Ac[ - 25 U.S.C. Section 3001, et sea
i. Clean Au Act, P.L. 90-148, az amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 -Section 102(a) - 42 U.S.C. 4012a. ~
I. Title 49 ,U.S.C., Section 303, (formerly known az Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Aa of 1964 -Title VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea
p. American Indian Religious Freedom Act, P.L. 95-341, az amended.
q. Architectural Barriers Act of 1968 -02 U.S.C. 4151, et sea.'
c Power plant and Industrial Fuel Use Act of 1978 -Section 403- 2 U.S.C. 8373. ~
s. ~ Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea
[. Copeland Anti kickback Act - I8 U.S.C. 874.1
u. National Environmental Policy Act of ]969 -42 U.S.C. 4321, et seo.~
v. Wild and Scenic Rivers Act, P.L. 90-542, az amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seo.'
z. Drag-Free Workplace Ac[ of 1988 - 41 U.S.C. 702 through 706.
Page 16 of 27
Executive Orders
Executive Order 11246 -Equal Employment Opportunity'
Executive Order 11990 -Protection of Wetlands
Executive Order 11998 -Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs.
Executive Order 12699 -Seismic Safety of Federal and Federally Assisted New Building Conshuction'
Executive Order 12898 -Environmental Justice
Fedeml Regulatiaoa
a. 14 CFR Part 13 -Investigative and Enforcement Procedures.
b. 14 CFR Part 16 -Rules o(Practice For Federally Assisted Airport Enforcement Proceedings.
c. 14 CFR Pari 150 -Airport noise compatibility planning.
d. 29 CFR Part I -Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 -Contractors and subcontractors on public building or public work financed in whole or part by
loans or grants from the United Stares.'
f 29 CFR Pan 5 -Labor standards provisions applicable [o wntracts covering federally financed and assisted
cons[mmion (also labor standards provisions applicable [o non<ons[ruction wntmets subject [o the Contract Work Hours and
Safety Standards AcQ.'
g. 41 CFR Part 60 - Office oCFederal Conhact Compliance Programs, Equal Employment Opportunity, Department
of labor (Fedeml and federally assisted contracting requirements).'
h. 49 CFR Part 18 -Uniform administrative requirements for grants and cooperative agreements to state and local
govemments.3
i. 49 CFR Part 20 -New restrictions on lobbying.
j. 49 CFR Pan 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation -
effecmation of Title VI of [he Civil Rights Act of 1964.
k. 49 CFR Part 23 -Participation by Disadvantage Business Enterprise in Airport Concessions.
I. 49 CFR Part 24 -Uniform relocation assistance and real property acquisition for Federal and federally assisted
programs.l 2
m. 49 CFR Part 26 -Participation By Disadvantaged Business Enterprises in Department of Transportation
Programs.
n. 49 CFR Part 27 -Nondiscrimination on [he basis of handicap in programs and activities receiving or benefiting
from Federal financial assistance.)
o. 49 CFR Pan 29 - Government wide debarment and suspension (nonprocurement) and govemment wide
requirements for drag-free workplace (grants).
p. 49 CFR Part 30 -Denial of public works contracts to suppliers of goods and services of counMes that deny
procurement market access [o U.S. contractors.
q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building constmction.l
Office of Management and Budget Circulars
a. A-87 -Cost Principles Applicable to Grants and Contracts with Stale and Local Governments.
b A-133 -Audits of States, Local Governments, and Non-Profit Organizations
~ These laws do not apply [o airport planning sponsors.
~ These laws do not apply to private sponsors.
' 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon Stale and Local Governments by this regulation and circular shall also be applicable
to private sponsors receiving Fedeml assistance under Title 49, United States Code.
Specific assurances required [o be included in grant agreements by any of the above laws, regulations or circulars are incorporated by
reference in the grant agreement.
2. Responsibility cad Authority of the Spoosor.
a. PubGe Ageaey Spoosor: It has legal authority m apply for [he 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 applica[ion,~including all understandings and assurances contained therein, and
dvecting and authorizing the person identified as the official representative of [he applicant to ac[ in connection with [he
application and to provide such additional information as may be required.
b. Private Sponsor: [t has legal authority to apply for the grant and [o fmance 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 dtrec[ and authorize that person to file this application, including all understandings and assurances contained
therein; to act in rgnnection with this application; and to provide such additional infortna[ion as may be requred.
3. Spoosor Fund Availability. l[ has sufficient funds available for that portion ofthe project vests which are not to be paid by
the United States. If has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which i[ will own
or control.
4. Good Title.
a. It, a public agency or the Federal govemment, holds good title, satisfactory to the Secretary, [o the landing area of
the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
Page 17 of 27
b. Far 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 [he 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. h will not take or permit any action which would operate to deprive it oCany of the rights and powers necessary to
perform any or all of the terms, conditions, and assurances in [he grant agreement without [he written approval of [he
Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which
would imerfere with such performance by the sponsor. This shall be done in a manner aceeptable to the Secretary.
b. II will not sell, lease, encumber, or otherwise transfer or dispose of any pan of its title or other interests in the
property shown on Exhibit A to this application or, for a noise compatibility program project, [hat portion of the property
upon which Federal funds have been expended, for the duration of [he terms, conditions, and assurances in the gran[
- agreement without approval by [he Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United
States Code, to assume the obligations of the grant agreement and [o have [he power, authority, and financial resources m
carry out all such obligations, the sponsor shall insert in the contract or document transferting or disposing of the sponsor's
interest, and make binding upon the transferee all of the terms, conditions, and assurances contained m [his grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local govemment or are
on property owned by a unit of local government other than the sponsor, it will enter into an agreement with [hat govemment.
Except az otherwise specified by [he Secretary, that agreement shall obligate that govemment to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the FAA for a grant [o undertake [he noise compatibility
program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps [o enforce this
agreement against the local govemment if [here is substantial noncompliance with the terms of the agreement.
d. For noise compatibility program projects m 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 [he property owner whenever [here is substantial non-compliance with [he terms of the agreement.
e. I(the sponsor is a private sponsor, it will take steps satisfactory to the Secretary [o 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 ether than the
sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority [o insure that the airport will
be operated and maintained in accordance Title 49, United States Code, the regulations and [he terms, conditions and
assurances in the gran[ agreement and shall insure [hat such arrangement also requires compliance therewith.
6. Consistency with Local Plana. 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 m which the project is located [o plan for [he development ofthe area surrounding
the airport.
7. Consideration of Local Interest. I[ has given fan consideration to the interest o(communi[ies in or near where the project
may be located.
S. CmaoltzHon with Users. )n making a decision [o undertake any airport development project under Title 49, United States
Code, i[ haz undertaken reasonable wnsultations with affected parties using the airport at which project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport mnway, or a major runway extension, it has
afforded the opportunity for public hearings for the purposeof considering the economic, social, and environmental eBects of the airport or mnway
location and its consistency with goals and objectives of such planning az has been carzied out by the community and it shall, when requested by the
Secretary, submit a copy of the transcript of such hearings to [he Secretary. Further, for such projects, it has on its management board either voting
represenu[ion from the communities where [he project is located or has advised the communities that they have the right [o petition the Secretary
concerning a proposed project.
10. Air and Water QuaG[y Standards. )n projects involving airport location, a major mnway extension, or runway location it
will provide for the Governor of the state in which the project is located m certify in writing [o the Secretary that the project will be located,
designed, constmeted, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been
approved and where applicable air and water quality standards have been promulgated by the Administrator of the Envronmental Protection
Agency, certification shall be obtained from such Administrator. Notice of certification or rethsal to certify shall be provided within sixty days otter
the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January I, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that i[ has implemented an effective airport pavement maintenance-management
program and i[ assures that i[ will use such program for the useful life of any pavement constmcted, reconstructed or repaired with Federal financial
assistance at the airport. II will provide such reports on pavement condition and pavement management programs az the Secretary determines may
be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined
m Title 49, it has, on the date ofsubmittal of [he project grant application, all the safeTy equipment required for certification of such airport under
section 44706 of Title 49, United States Code, and all the security equipment requred by rule or regulation, and has provided for access to [he
pazsenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircmli other than air carrier aircraft.
Page 18 of 27
13. Attouotiog System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which Cully disclose the amount and disposition by the recipient of
the proceeds of the grant, the total cost of [he project in connection with which the gran[ is given or used, and the amount or
nature of that portion of [he cost of the project supplied by other sources, and such other financial records pertinent m [he
project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit
in acwrdance with the Single Audit Act of 19g4.
b. II shall make available to the Secretary and the CompUOller 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 [he
recipient [hat are pertinent to the gaol. The Secretary may require that an appropriate audit be conducted by a recipient In
any case in which an independent audit is made of [he accounts of a sponsor relating to [he disposition of [he proceeds of a
gran[ or relating to the project in connection with which [he grant was given or used, it shall file a certified copy of such audit
with the Comptroller General of [he United States not later than six (6) months following the close of [he fiscal year for
which the audit was made.
14. Miaimam Wage Rates. II shall include, in all contracts in excess of $2,000 for work on any projects funded under the gran[
agreement which involve labor, provisions esmblishing minimum rates of wages, to be predetermined by the Secretary of Labor, N accordance with
the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates
shall be stated in the invitation for bids and shall be included in proposals or bids Cor the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which
involve labor, such provisions as are necessary [o insure [ha[, in [he employment of labor (except in executive, administrative, and supervisory
positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States
Code. However, this preference shall apply only where the individuals are available and qualified to perform [he work [o which the employment
relates.
16. Conformity to Plans and Specifcadons. If 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 [o commencement of site preparation,
rgns[mction, or other performance under this grant ageement, and, upon approval of the Secretary, shall be incorporated into this grant agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the
grant agreement.
17. Coastrueflou Inspection sad Approval I[ will provide and maintain wmpetent technical supervision at the conshuction
site throughout the project [o assure [hat the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It
shall subject the constmetion 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.
I8. Planning Projects. N carrying out planning projects:
a. I[ will execute the project in accordance with [he approved program narta[ive contained in the project application
or with [he modifications similarly approved.
b. It will famish [he Secretary with such periodic reports as required pertaining to the planning project and planning
work activities.
c. It will include in all published material prepared in connection with [he 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 [hat no material prepared with
funds under this project shall be subject to copyright in [he United States or any other country.
e. It will give the Secretary unrestricted authority [o publish, disclose, distribute, and otherwise use any of the
material prepared in connection with [his gran[.
f. h will gram the Secretary the right [o disapprove the sponsors employment of specific consultants and then
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. ]t will grant the Secretary the right to disapprove the use of the sponsors employees to do all or anypart of the
project.
h. It understands and agrees [hat the Secretary's approval of [his project grant or the Secretar}~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 aad Maintenance.
Page 19 of 27
a. The airport and all facilities which arc 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 no[ cause or permit any activity or action [hereon 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
clhna[ic 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 azsumnce, the sponsor will have in effect arrangements for- (1) Operating
the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting Crom airport conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of [he airport. Nothing contained herein shall be
consWed to require that [he 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 constmed as requiring the
maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due
man 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 sad Mitigafioa. It will lake appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations [o the airport (including established minimum flight al[imdes) will be adequately cleared and protected by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the esmblishment or creation
of Curare airport hazards.
21. Compafible Land Use. It will take appropriate action, to [he extent reasonable, including the adoption of zoning Taws, [o
restrict the use of land adjacent to or in the immediate vicinity of [he airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise wmpatibility progam implementation, it will not cause or permit any
change in land use, within itsjurisdic[ion, that will reduce its compatibility, with respect to [he airport, of the noise compatibility program measures
upon which Federal funds have been expended.
22. Ecaaomic Nondiscrimiasdon.
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 pmilege at the auport is granted [o
any person, firm, or corporation to conduct or to engage in any aeronautical activity for famishing services to the public at
the airport, the sponsor will insert and enforce provisions requiring the contractor to-
(I) mmi§h said services on a reasonable, and not unjustly discriminatory, bazis to all users thereof, and
(2) charge reasonable, and no[ unjustly discriminatory, prices for each unit or service, provided [hat the
contractor may be allowed [o make reasonable and nondiscriminatory discounts, rebates, or other similar types of
price reductions m volume purchasers.
c. Each faed-based operator at [he airport shall be subject to [he same rates, fees, rentals, and other charges as are
uniformly applicable [o all other fixed-based operamrs making the same or similar uses of such airport and utilizing the same
or similar facilities.
d. Each air cartier using such airport shall have the right m service itself or [o use any Gxed-based operator that is
authorized or permitted by the airport [o serve any air carrier at such airport. '
e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall
be subject [o such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to providing atr transportation as are applicable to all
such air cartiers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications
such az 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 au cariers in such classification or stems.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
operating airemR on the airport from performing any services on its own avemfl with its own employees [including, but not
limited to maintenance, repair, and fueling] that i[ may choose m perform.
g. )n the event the sponsor itself exercises any of [he rights and privileges refered to in this assurance, the services
involved will be provided on the same conditions as would apply to the mmishing of such services by commercial
aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of
the airport as may be necessary for [he safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of [he airport if such action is
necessary for [he safe operation of the airport or necessary m serve the civil aviation needs of the public.
Page 20 of 27
23. Exclusive Rights. I[ will permit no exclusive right for the use of the airport by any person providing, or intending to provide,
aeronautical services [o the public. For purposes of this paragraph, [he providing of the services at an airport by a single Gxed-based operator shall
no[ be rgnstrued as an exclusive right if both of [he following apply:
a. II would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide
such services, and
b. If allowing more than one fized-based operator to provide such services would require the reduction of space
leasedpursuant to an existing agreement between such single fixed-based operator and such airport. It Curther agrees that i[
will no[, either directly or indirectly, grantor permit any person, firm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter Oigh[s, 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 oftheir 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 a[ such an airport before the grant of any assistance under Title 49, United Stales Code.
24. Fee and Reatal Structure II will maintain a fee and rental strucNre for [he 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 pan of the Federal share ofan airport development, airport planning or noise compatibility project for which a
gran[ is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Ac[ or the Airport and
Airway Development Ac[ of 1970 shall be included in [he rate basis N establishing fees, rotes, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,
will be expended by it for [he 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 [hc airport and which are directly and substantially related to the actual air
transportation of passengers or properly; or for noise mitigation purposes on or off the airport. Provided, however, [hat if
covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing statutes controlling the owner or operators financing, provide for
[he use of the revenues from any of the airport owner or operator's facilities, including the airport, m support not only the
airport but also the airport owner or opera[ofs general debt obligations or other facilities, then this limitation on the use of all
revenues generated by [he airport (and, in the case of a public airport, local taxes on aviation fuel) shall no[ apply.
b. As part of the annual audit requned under the Single Audi[ Act of 1984, the sponsor will direct [hat [he audit will
review, and the resulting audit report will provide an opinion concerning, the use otairport 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 Cor violation of this assurance in accordance with the
provisions of Section 47107 of Title 49, United Stales Code.
26. Reports and Inspections. II will:
a. submit to [he Secretary such annual or special financial and operations reports as [he Secretary may reasonably
request and make such reports available [o the public; make available to the public at reasonable times and places a report of
[he 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 instmments, available for inspection by any duly
authorized agent of [he Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project and continued
compliance with the terms, conditions, and assurances of the gran[ agreement including deeds, leases, agreements,
regulations, and other insWments, available for inspection by any duly authorized agent of [he Secretary upon reasonable
request; and
d. in a format and time prescribed by the Secretary, provide to [he Secretary and make available to the public
Collowing each of its fiscal years, an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of govemment and [he purposes for which each such
payment was made; and
(ii) all services and property provided by [he airport to other units of govemment and [he amount of
compensation received for provision of each such service and property.
27. Use by Government AveraR I[ 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 [o the United States for use by Govemmen[ aircraft in common with other aircraft
a[ all times without charge, except, if the use by Govemmen[ aircraft is substantial, charge may be made for a reasonable share, proportional to such
use, for [he cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed [o by [he
sponsor and the using agency, substantial use of an airport by Govemmen[ aircraft will be considered to exist when operations of such aircraft are in
excess of those which, m 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
Page 21 of 27
b. The total number of movements (wonting each landing as a movement) of Govemment aircmft is 300 or more,
or the gross accumulative weight oCGovernment aircmft using [he airport (the total movement of Government aircraft multiplied by
gross weights of such aircraft) is in excess of five million pounds.
28. band for Federal Facilities. It will famish without cost to the Federal Govemment for use in connection with any air traffic
control or air navigation activities, or weather-reporting and communication activities related to air [mtfic control, any areas of land or water, or
estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for constmetion, 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 oCa written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all
proposed additions thereto, together with the boundaries o(all offsite areas owned or controlled by the sponsor Cor airport
purposes and proposed additions thereto; (2) [he location and nature of all existing and proposed airport facilities and
structures (such az mnways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and
reductions otexis[ing airport facilities; and (3) [he location of all existing and proposed nonaviation areas and of all existing
improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to
the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of [he
Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations N the airport
or any of its facilities which are no[ in conformity with the airport layout plan az approved by the Secretary and which might,
in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in [he airport or the facilities is made which the Secretary determines adversely affects
the safety, utility, or efficiency of any federally owned, leased, or Cunded 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 (I) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereot) to a site acceptable [o the Secretary and all costs of restoring such property (or replacement
[hereof) to the level of safety, utility, efficiency, and cost ofoperation existing before the unapproved change in the airport or
its facilities.
30. Civil Righfa It will comply with such rates as are promulgated m assure that no person shall, on [he grounds of race, creed,
color, national origin, sex, age, or handicap be excluded Gom participating in any activity conducted with or benefiting Gom funds received from
this grant. This assurance obligates the sponsor for [he period during which Federal financial assistance is extended to the program, except where
Federal financial assistance is [o provide, or is in the form of personal property or real property or interest [herein or sWCmres or improvements
thereon in which caze the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the
properly is used far a purpose Cor which Fedeml financial assistance is extended, or for another purpose involving [he provision of similar services
or benefits, or (b) the period during which the sponsor retains ownership or possession of the property.
31. Disposal of Lead.
a. For land purchased under a grant for airport noise compatibility purposes, i[ will dispose of the land, when [he
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 [o the United Sta[es'share of acquisition of such land will, at the discretion of the
Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise wmpatibility
project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in [he vicinity of
residential buildings or property previodsly purchased by [he airport az part of a noise compatibility program.
b. For land purchased under a gran[ for airport development purposes (other than noise compatibility), it will, when
[he land is no longer needed for airport purposes, dispose of such land a[ fair market value or make available [o the Secretary
an amount equal to [he United States' proportionate share of the fau market value of the land. That portion of the prweeds of
such disposition which is proportionate [o [he United States'share of the wst of acquisition of such land will, (I) upon
application to the Secretary, be reinvested m another eligible airport improvement project or projects approved by the
Secretary at that airport or within the national airport system, or (2) be paid to the Secretary far deposit N the Tms[ Fund if
no eligible project exists.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed Cor
aeronautical purposes (including mnway protection zones) or serve az noise buffer land, and (2) the revenue from interim
uses of such land conMbutes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by
an airport operator or owner before December 31, 1987, will be considered [o be needed for airport purposes if the Secretary
or Federal agency making such grant before December 31, 1987, was notified by [he operator or owner of the uses of such
land, did not object to such use, and the land continues to be used for [hat purpose, such use having commenced no later than
December I5, ]989.
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 [o ensure that such land will only be used for purposes which are compatible with noise levels associated
with operation of the airport.
32. Engineering and Design Services. It will award each contract, or subcontract for program managemwt, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or
related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of
Page 22 of 27
[he Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement praeribed for or by [he sponsor of
the airport.
33. Foreign Market Restrictions. I[ will no[ allow funds provided under this grant to be used [o fund any project which uses
any product or service of a foreign country during [he period in which such foreign country is listed by the United States Trade Representative as
denying fair and equitable market opporhrni[ies for products and suppliers of the United S[a[es in procurement and constmction.
34. Policies, Standards, end Specificadons. It will carry out the project in accordance with policies, standards, and
specifications approved by the Secretary including but not limited ro the advisory circulars listed in [he Curzent FAA Advisory Circulars for AIP
projects, dated _ and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the
Secretary.
35. Reloeadan and Real Property Aequisidoa. (1) It will be guided in acquiring real property, [o the greatest extent practicable
under State law, by the land acquisition policies in Subpart B o(49 CFR Part 24 and will pay or reimburse property owners for necessary expenses
as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable
relocation payments and assistance to displaced persons as required in Subpan D and E of 49 CFR Part 24. (3) It will make available within a
reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in 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 [o the airport, however, i1 has no obligation to (und special facilities for intemiry buses or for
othernodes of transportation.
37. Disadvantaged Business Enterprises The recipient shall not discriminate on the basis of race, color, national origin or sez
in the award and performance of any DOT-assisted contract or in the administm[ion of its DBE program or [he requirements of 49 CFR Part 26.
The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of
DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in
this ageement. Implementation of this program is a legal obligation and failure to carry out its terns shall be treated as a violation of [his
agreement. Upon notification [o the recipient of its failure to tarty out its approved program, [he Deparunen[ may impose sanctions as provided Cor
under Pan 26 and may, in appropriate cases, refer the matter for enforcemem under l8 U.S.C. 1001 and/or the Program Fraud Civil Remedies Ac[
of 1986(31 U.S.C. 3801).
3S. Hangar Conslraction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
conslmeted at the airport for the aircraft a[ the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for [he hangar
a long term lease [hat is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
39. Compefitive Attess.
a. ICthe airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.)
has been unable to accommodate one or more requests by an air carter for access to gates or other facilities at [ha[ airport in
order [o allow the au carrier to provide service [o the airport or to expand service a[ 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 no[ be accommodated; and
3. Provides a time frame within which, if any, the ahport will be able to accommodate the requests.
b. Such report shall be due on either Febmary 1 or August I of each year if the airport has been unable to
accommodate the request(s) in the six month period prior to the applicable due date.
Page 23 of 27
CURRENT FAA ADVISORY CIRCULARS FOR BOTH AIP and PFC PROJECTS
Dated: 711/05
1. NUMBER TITLE
70/7460-land Chan e 1 Obstruction Markin and Li htin
150/5000-13 Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance and
Recommended Re uirements for Ai ort Surface Movement Sensors
150/5100-15A Civil Ri hts Re uirements For The Air ort Im rovement Pro ram
150/5070-8A Air ort Master Plans
150/5190-5 and Chan e i Exclusive Ri his and Minimum Standards for Commercial Aeronautical Activities
150/5200-28B NoticestoAirmen NOTAMS for Ai ortO erators
150/5210-56 Paintin ,Markin and Li htin of Vehicles Used on an Ai ort
150/5210-7C Aircraft Fire and Rescue Communications
150/5210-13B Water Rescue Plans, Facilities, and E ui ment
150/5210-14A Ai ort Fire and Rescue Personnel Protective Clothin
150/5210-15 Air ort Rescue &Firefi htin Station Buildin Desi n
150/5210-18 S stems for Interactive Trainin of Air ort Personnel
150/5210-19 Drivers Enhanced Vision S tem DEVS
150/5220-46 Water Su I S stems for Aircraft Fire and Rescue Protection
150/5220-tOC Guide S ecification for Water/Foam T e Aircraft Rescue and Firefi htin Vehicles
150/5220-136 Runwa Surface Condition Sensor S ecification Guide
150/5220-160 Automated Weather Observin S terns for Nonfederal A lications
150/5220-17A and Chan e 1 Desi n Standards for Aircraft Rescue Firefi htin Trainin Facilities
150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
150/5220-19 Guide S ecifcation for Small, Dual-A ent Aircraft Rescue and Firefi htin Vehicles
150/5220-20 and Chan e 1 Ai ort Snow and Ice Control E ui ment
150/5220-21 B Guide S ecification for Lifts Used to Board Airline Passen ers With Mobili Im airments
150/5220-22 and Chan e 1 En ineered Materials Arrestin S stems EMAS for Aircraft Overruns
150/5300-13 and Changes 1 Airport Design
ihrou h 8
150/5300-14 and Chan es 1 and 2 Desi n of Aircraft Deicin Facilities
150/5320-56 Air ort Draina e
150/5320-BD and Changes 1 Airport Pavement Design and Evaluation
throw h 3
150/5320.120 and Changes 1 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
throw h 6
150/5320-14 Air ort Landsca in for Noise Conirol Pu oses
150/5320-15 and Chan e 1 Mana ement of Ai ort Industrial Waste
150/5320-17 Airfield Pavement Surface Evaluation and Ratin PASER Manuals
150/5325-4A and Chan e 1 Runwa Len th Re uirements for Air ort Desi n
150/5335-5 and Chan e 1 Standardized Method of Re ortin Pavement Stren th PCN
150/5340-1J Standards for Air ort Markin s
150/5340-5B and Chan e 1 Se mented Circle Air ort Marker S stem
150/5340-180 Standards for Air ort Si n S stems
150/5340-19 Taxiwa Centerline Li htin S stem
150/5345-3E S ecification for L821 Panels for Remote Control of Ai ort Li htin '
150/5345-SA Circuit Selector Switch
150/5345-7E S ecification for L824 Under round Electrical Cable for Ai ort Li htin Circuits
150/5345-10E S ecification for Constant Current Re ulators Re ulator Monitors
150/5345-120 S ecification for Air ort and Heli ort Beacon
150/5345-13A Specification for L841~AUxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-260 S ecifcation for L823 Plu and Rece tacle Cable Connectors
150/5345-270 S ecification for Wind Cone Assemblies
150/5345-28F Precision A roach Path Indicator PAPI S stems
150/5345-396 and Chan e 1 FAA S ecification L853, Runwa and Taxiwa Centerline Retroreflective Markers
150/5345-420 S ecification for Air art Li ht Bases, Transformer Housin s
Junction Boxes and Accessories
150/5345-03E ,
S ecifcation for Obstruction Li htin E ui ment
150/5345-44G S ecification for Taxiwa and Runwa Si ns
150/5345-45A Li htwei ht A roach Li ht Structure
150/5345-468 S ecifcation for Runwa and Taxiwa Li ht FiMUres
150/5345-47A Isolation Transformers for Air ort Li htin S stems
150/5345-49A S ecifcation L854, Radio Control E ui ment
150/5345-50 and Chan e 1 S ecification for Portable Runwa Li hts
150/5345-51 and Chan e 1 S ecification for Dischar a-T a Flasher E ui ment
150/5345-52 Generic Visual Glideslo a Indicators GVGI
150/5345-536 Ai ort Li htin E ui ment Cerfifcation Pro ram
150/5345-54A and Chan e 1 S ecifcation for L-1884 Power and Conirol Unit for Land and Hold Short
150/5345-55 Li hted Visual Aid to Indicate Tem ora Runwa Closure
Page 24 of 27
150/5360-9 Plannin and Desi n of Air ort Terminal Facilities at NonHUb Locations
150/5360-11 Ener Conservation for Air ort Buildin s
150/5360-12D Air ort Si nin 8 Gra hits
150/5360-13 and Chan e 1 Plannin and Desi n Guidance for Air ort Terminal Facilities
150/5370-2E O erational Safe on Air orts Durin Construction
150/5370-10B Standards for S eci in Construction of Ai orts
150!5370-13 Off eak Construction of Air ort Pavements Usin Hot-Mix As halt
150/5380-6A Guidelines and Procedures for Maintenance of Air ort Pavements
15015380-7 Pavement Mana ement S stem
150/5380-8 Handbook for Identification of Alkali-Silica Reactivi in Aifield Pavements
150/5390-2B Heli ort Desi n
150/5390-3 Verti ort Desi n
150/5395-1 Sea lane Bases
150/5200-30 Air ort Winter Safe andO erations
150/5200-33 Hazardous Wildlife Attractants On or Near Air orts
150/5300-15 Use of Value En ineerin for En ineerin Desi n of Air ort Grant Pro ects
150/5370-1 t Use of Nondestructive Testin Devices in the Evaluation of Ai ort Pavements
150/5370-12 Quali Control of Construction for Ai ort Grant Pro ects
150/5370-6 Construction Pro ress and Ins ection Re ort-Ai ort Grant Pro ram
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY
Dated•7N/OS
2. NUMBER TITLE
150!5100-14C Architectural En ineerin ,and Plannin Consultant Services for Air ort Grant Pro ects
150/5100-15A Civil Ri hts Re uirements For The Air ort Im rovement Pro ram
150/5100-17 and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted
throw h 4 Pro'ects
150/5190-5 and Chan e 1 Exclusive Ri hts and Minimum Standards for Commercial Aeronautical Activities
150/5200-30A and Changes 1 Airport Winter Safety and Operations
throw h 8
150/5200-33A Hazardous Wildlife Attractants on or Near Ai orts
150/5300-15 Use of Value En ineerin for En ineerin Desi n of Air orts Grant Pro'ects
150/5320-17 Airfield Pavement Surtace Evaluation and Ratin PASER Manuals
150/5360-11 Ener Conservation for Ai ort Buildin s
1 5 015 3 7 0-6 6 Construction Pr ress and Ins ection Re ort-Ai ort Granl Pro ram
150/5370-11A Use on Nondestructive Testin Devices in the Evaluation of Ai ort Pavements
150/5370-12 Quali Control of Construction for Air ort Grant Pro'ects
150/5370-13 Off eak Construction of Air ort Pavements Usin Hot-Mix As halt
150/5380-7 Pavement Mana ement S stem
150/5380-8 Handbook for Identification of Alkali-Silica Reactivi in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY
Dated: 7/1/05
3. NUMBER TITLE
150/5000-12 Announcement of Availability-Passenger Facility Charge (PFC) Application (FAA Form 5500- i
1)
Page 25 of 27
ATTACHMENTC
CERTIFICATION REGARDING DRUGFREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide adrug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the gantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awazeness program [o infomt employees about-
(I) 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 maybe 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 pazagraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will-
(]) 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 calendaz 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 m a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of
pazagraphs (a), (b), (c), (d), (e), and (fj,
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection
with the specific grant:
Place of Performance (Street address, city, county, state, zip code)
5000 Airport Road
Denton
Denton County, TX 76207
Check there orkp] es on file gat are not identified here. ' /
Signed ~ o ' Dated: ~3-~'t ' U
r
Carla n -Haggmark, Director of Human Resources
Typed Name and Title of Sponsor Representative
Page 26 of 27
ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to assure
that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form
of inspection program tit deems appropriate. The program must, as a minimum, include the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
Location of all runways, taxiways, and aprons
Dimensions
Type of pavement
Year of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances, pavements that have been constructed,
reconstructed, or repaired with Federal financial assistance shall be so depicted.
2. Inspection Schedule.
a. Detailed Inspection. A detailed inspection must be performed at least once a year. Tf a history of
recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in
Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the
frequency of inspections may be extended to three years.
b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition.
3. Record Keeping. Complete information on the fmdings of all detailed inspections and other maintenance
performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and
remedial action, scheduled or performed, must be documented. The minim information to be recorded is listed
below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as
the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may
be required.
5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport
Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective
maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented.
Page 27 of 27