2008-248
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Amendment No. 1 to the Agreement [original is attached] 12/15/09
sAour documents\ordinances\08\txdot grant ord.doc
ORDINANCE NO. Oa
A ORDINANCE AUTHORIZING THE CITY MANAGER, AS DENTON' S AUTHORIZED
REPRESENTATIVE, TO ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER
FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) RELATING TO A
GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT;
CONFIRMING AGREEMENT TO PAY A PORTION OF THE TOTAL PROJECT COSTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, intends to make certain improvements to the
Denton Municipal Airport relating to extension of the runway; and
WHEREAS, the general description of the project is described in Exhibit "A" which is
attached hereto and made a part hereof for all purposes; and
WHEREAS, the City of Denton intends to request financial assistance from the Texas
Department of Transportation (TxDOT) for these improvements; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City of Denton, Texas, hereby directs the City Manager to execute on
behalf of the City of Denton, at the appropriate time, and with the appropriate authorizations of
this governing body, all contracts and agreements with the State of Texas, represented by the
Texas Department of Transportation (TxDOT), and such other parties as shall be necessary and
appropriate for the implementation of the improvements to the Denton Municipal Airport
referenced in Exhibit "A."
SECTION 2. This Ordinance shall become effective immediately upon its passage and
approval.
ay of b~kt' '2008.
PASSED AND APPROVED this the 2/ '54
A. BURROtGHS, MAYOR
ATTEST:
JE IFE4WAL E R CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 0918DENTO
TxDOT Project No.: AP DENTON 10
TxDOT Contract No.: 9XXAV006
Commission Approval: August 28, 2008
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 follows: acquire land for Runway extension, runway safety
area and medium intensity approach lighting system with runway alignment indicator lights 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
Page 1 of 28
provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and conditions provided,
THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF
THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (HEREINAFTER
REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States
share of the allowable costs incurred in accomplishing the project, ninety percentum of all
allowable project costs. This grant is made on and subject to the following terms and conditions:
Part H - Offer of Financial Assistance
The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon
Supp).
2. It is estimated that land acquisition project costs will be approximately $710,000
(Amount A). It is further estimated that approximately $710,000 (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.
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 $639,000
(Amount Q.
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 $71,000 (Amount
D). The Sponsor specifically agrees that it shall pay any project costs, which exceed the
sum of the federal share (Amount Q.
It is further agreed that the Sponsor will reimburse the State for any payment or payments
Page 2 of 28
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. 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 fifteen (15%) percent limitation,
and will advise the Sponsor by amendment of the increase. Upon receipt of the
aforementioned amendment, the maximum obligation of the United States is adjusted to
the amount specified and the Sponsor will remit their share of the increased grant
amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the
dollar amounts identified in this Agreement and any amendments, without the consent of
the Sponsor.
Payment of the United States share of the allowable project costs will be made in
accordance with the provisions of such regulations and procedures as the State and the
FAA, shall prescribe. Final determination of the United States share will be based upon
the final audit of the total amount of allowable project costs and settlement will be made
for any upward or downward adjustments to the Federal share of costs.
6. Sponsor's share of project costs (Amount D) shall be paid initially in cash when
requested by the State. At project close-out, Sponsor will be credited with cash payments
made under this paragraph reimbursed for any credited amounts that exceed Sponsor's
share.
7. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs. 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 D) shall be due and payable to the State. State
may request the Sponsor's financial obligation in partial payments. Should the Sponsor
fail to pay the obligation, either in whole or in part, within 30 days of written demand, the
State may exercise its rights under Paragraph V-7. Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law
or equity.
Page 3 of 28
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
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 term 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 are not limited to scheduled' airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products
and aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
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
Page 4 of 28
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
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).
1. an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from
other types of moneys identified in the fund as a whole. All fees, charges, rents,
and money from any source derived from airport operations must be deposited in
said Airport Fund and shall not be diverted to the general revenue fund or any
other revenue fund of the Sponsor. All expenditures from the Airport Fund shall
be solely for airport or airport system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has complied with the requirements of this subparagraph;
and
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
Page 5 of 28
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. after reasonable notice, it will permit the State, the FAA, and any consultants and
contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated
with this project, to enter private property for purposes necessary to this project;
and
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
the State as to any determination of the amount of such funds. It shall return the
recovered share, including funds recovered by settlement, order or judgment, to
the State. It shall furnish to the State, upon request, all documents and records
pertaining to the determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the Sponsor, in court or otherwise,
involving the recovery of such funds shall be approved in advance by the State.
2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon which construction work is to be performed, or have acquired a leasehold
on such property for a term of not less than 20 years, prior to the advertisement for bids
for such construction or procurement of facilities that are part of the above project, and
within the time frame of the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project.
3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of
the Sponsor, the Sponsor's agents or employees performed under this agreement. The
Page 6 of 28
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State,
the State's agents, employees or contractors from any and all expenses, including attorney
fees which might be incurred by the State in litigation or otherwise resisting the claim or
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees.
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, and the
Agreement shall comprise a contract, constituting the obligations and rights of the State
of Texas and the Sponsor with respect to the accomplishment of the project and the
operation and maintenance of the airport. Such Agreement shall become effective upon
execution of this instrument and shall remain in full force and effect for a period of at
least 20 years.
5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility
for operation of the facility in compliance with all applicable state and federal
requirements including any statutes, rules, regulations, assurances, procedures or any
other directives before, during and after the completion of this project.
6. 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.
7. The Sponsor shall have on file with the State, Attachment C, Certification Regarding
Drug-Free Workplace Requirements, attached and made part of this agreement.
8. 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.
Part IV- Nomination of the Agent
1. The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either
of the parties for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant are
done in compliance with all applicable state and federal requirements including any
Page 7 of 28
statutes, rules, regulations, assurances, procedures or any other directives, except as
otherwise specifically provided.
3. The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its
agent to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation;
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 services for, but not limited to, the preparation of
appraisals and surveys for the above project; negotiate professional services fees;
and execute, on behalf of the Sponsor, services agreements as related to this
project;
f. administer Disadvantage Business Enterprises (DBE) and/or Historically
Underutilized Business (HUB) Programs in accordance with state regulations.
PART V - Recitals
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.
Page 8 of 28
The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors. Such items include, but are not limited to, bid bonds, payment bonds, and
performance bonds. Pursuit and enforcement of contract items may require litigation and
other remedies of law.
4. The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incidental to, compliance with
this grant agreement.
This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or commitment, which the Sponsor
may enter into or assume, or have entered into or have assumed, in regard to the above
project.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
C. Notification that consideration will be given to terminating the grant after the
convective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below.
a. Of primary importance to the State is compliance with the terms and conditions of
this Agreement. If, however, after all reasonable attempts to require compliance
have failed, the State finds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of
Page 9 of 28
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.
The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably be
denied or delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning
their rights and responsibilities in regard to this project and shall not be modified,
amended, rescinded or revoked unless such modification, amendment, rescission or
revocation is agreed to by both parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including 5 and 7
of Article 11 of the Texas Constitution, if applicable) and to the availability of funds
which lawfully may be applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by
the Title 49 U.S.C., constituting the contractual obligations and rights of the United
States, the State of Texas and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided.
12. The state auditor may conduct an audit or investigation of any entity receiving funds
from the state directly under the contract or indirectly through a subcontract under the
contract. Acceptance of funds directly under the contract or indirectly through a
subcontract under this contract acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation
in connection with those funds. An entity that is the subject of an audit or investigation
must provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
Page 10 of 28
Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the Agreement, and does accept the Offer, and agrees to all of the terms
and conditions of the Agreement.
Executed this day of e 44 P~ , 20.
e Ci of Denton Texas
Sp nsor
Witness Signature Sponsor Signature
/
S ~n~ c r C,~~►.lt c ~G-- r ~r t
Witness Title Sponsor Title
Certificate of Sponsor's Attorney
I,,~h n yl ld d- , acting as attorney for i k/ OT N (Y~O Q
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]~~ --4,y-~ , Texas, this day of s~~f~iPXV1~2r , 20CT.'
Witness Signature
Attorney gna
~Lr)a:b2r
W tness Title
Page 11 of 28
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
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date: ///7 Page 12 of 28
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 City of Denton, Texas
By:
Tit]
Date: !2
.01
Page 13 of 28
ATTACHMENT B
PART V
ASSURANCES
Airport Sponsors (3-2005)
A. General.
These assurances shall be complied with in the performance of grant agreements for airport development, airport planning,
and noise compatibility program grants for airport sponsors.
These assurances are required to be submitted as part of the project Airport Project Participation Agreement (hereinafter
referred to as "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.
Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant
agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,
conditions and assurances of 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 to exceed twenty (20)
years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of
the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on
the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the
duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed
within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise
compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3,
5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement
shall remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not
limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et sea.'
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea.
d. Hatch Act - 5 U.S.C. 1501, et sea.'
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et
seQ.1,
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 469c.'
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.
1. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
M. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea.
P. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural Barriers Act of 1968 42 U.S.C. 4151, et sea.'
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r. 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.'
t. Copeland Anti kickback Act - 18 U.S.C. 874.1
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.'
V. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.'-
x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 1 1246 - 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 Construction'
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
C. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 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 States.'
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted
construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours
and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor (Federal and federally assisted contracting requirements).'
It. 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 Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation -
effectuation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
1. 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 the basis of handicap in programs and activities receiving or benefiting
from Federal financial assistance.I
o. 49 CFR Part 29 - Government wide debarment and suspension (nonprocurement) and government wide
requirements for drug-free workplace (grants).
P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny
procurement market access to U.S. contractors.
q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.I
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments.
b A-133 - Audits of States, Local Governments, and Non-Profit Organizations
' These laws do not apply to airport planning sponsors.
These laws do not apply to private sponsors.
3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be
applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by
reference in the grant agreement.
Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and cant' out the proposed
project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's
governing body authorizing the filing of the application, including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
Page 15 of 28
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative
and shall in writing direct and authorize that person to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid
by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will
own or control.
Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area
of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title
satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give
assurance to the Secretary that good title will be obtained.
Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary
to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which
would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the
property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property
upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant
agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49,
United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial
resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of
the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this
grant agreement.
C. For all noise compatibility program projects which are to be carried out by another unit of local government or
are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same
terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the
noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take
steps to enforce this agreement against the local government if there is substantial noncompliance with the terms of the
agreement.
d. For noise compatibility program projects to be carved out on privately owned property, it will enter into an
agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce
this agreement against the property owner whenever there is substantial noncompliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
f If an arrangement is made for management and operation of the airport by any agency or person other than the
sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will
be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding
the airport.
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project
may be located.
8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
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9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or
runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management
board either voting representation from the communities where the project is located or has advised the communities that they have the right to
petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it
will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located,
designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not
been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection
Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days
after the project application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management
program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal
financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined
in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under
section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the
passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of
the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount
or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to
the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective
audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly
authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the
recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In
any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a
grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year
for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the
grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory
positions), preference shall be given to 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 the work to which the employment
relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules
approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site
preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this
grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and
incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction
site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It
shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and
such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary.
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18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project
application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and
planning work activities.
C. It will include in all published material prepared in connection with the planning project a notice that the
material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with
funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their
subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of
professional services.
project.
It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any
planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of
the Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than
facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies
for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use
for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with
due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes
must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be
construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other
climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring
the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which
Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected
by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or
creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without unjust
discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
Page 18 of 28
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted
to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public
at the airport, the sponsor will insert and enforce provisions requiring the contractor to-
(1) famish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the
contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types
of price reductions to volume purchasers.
C. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are
uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the
same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is
authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carver using such airport (whether as a tenant, non tenant, or subtenant of another air carver tenant)
shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals,
and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable
to all such air carvers which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as
tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation
operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but
not limited to maintenance, repair, and fueling] that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services
involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of
the airport as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based
operator shall not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide
such services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space
leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it
will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter flights, pilot training, 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, We of aircraft parts, and any other activities which because of their direct relationship
to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to
conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United
States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make
the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume
of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for
which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the
Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,
will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities
which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the
actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided,
however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of
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the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operators
financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this
limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation
fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit
will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner
consistent with Title 49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
C. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the
provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably
request and make such reports available to the public; make available to the public at reasonable times and places a report
of the airport budget in a format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents affecting the airport,
including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request;
C. for noise compatibility program projects, make records and documents relating to the project and continued
compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements,
regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable
request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public
following each of its fiscal years, an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of govemment and the purposes for which each such
payment was made; and
(ii) all services and property provided by the airport to other units of government and the amount of
compensation received for provision of each such service and property.
27. Use by Government Aircraft. It will make available all ofthe facilities ofthe airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other
aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise
agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of
such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized
aircraft, or during any calendar month that -
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more,
or the gross accumulative weight of Govemment aircraft using the airport (the total movement of Government aircraft multiplied by
gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air
traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or
water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and
maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and
all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for
airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities
and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed
extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas
and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof,
shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or
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alterations in the airport or any of its facilities which are not inconformity with the airport layout plan as approved by the
Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects
the safety, utility, or efficiency of any federally owned, leased, or funded property on or offthe airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the
Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change
in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds
received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program,
except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period
during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision
of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property.
Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the
land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the
proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the
discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved
noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in
the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility
program.
b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will,
when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the
proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will,
(1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by
the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust
Fund if no eligible project exists.
C. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for
aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim
uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received
by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the
Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the
uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having
commenced no later than December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right
therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated
with operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or
related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX
of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the
sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses
any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as
denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and
specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP
projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the
Secretary.
Page 21 of 28
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent
practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for
necessary expenses as specified in Subpart B. (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 Subpart D and E of 49 CFR Part 24. (3) It will make
available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with
Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses
or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for
othermodes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or
sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part
26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non 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 agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation
of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as
provided for under Part 26 and may, inappropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the
hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.)
has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport
in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or
operator shall transmit a report to the Secretary that-
l. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
3. Provides a time frame within which, if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to
accommodate the request(s) in the six month period prior to the applicable due date.
Page 22 of 28
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC
APPROVED PROJECTS
Dated: 3/21/2007
View the most current versions of these ACs and any associated changes at.
http://www.faa.gov/airports airtraffic/airports/resources/advisory circulars/.
{
70/7460-1 K'
Obstruction Marking and Lighting
150/5000-13
Announcement of Availability--RTCA Inc., Document RTCA-221, Guidance
and Recommended Requirements for Airport Surface Movement Sensors
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-613
Airport Master Plans
150/5070-7
The Airport System Planning Process
150/5200-28C
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30A
and Changes 1
through 8
Airport Winter Safety and Operations
150/5200-33A
Hazardous Wildlife Attractants On or Near Airports
150/5210-56
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7C
Aircraft Fire and Rescue Communications
150/5210-13B
Water Rescue Plans, Facilities, and Equipment
150/5210-14A
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15
Airport Rescue & Firefighting Station Building Design
150/5210-18
Systems for Interactive Training of Airport Personnel
150/5210-19
Driver's Enhanced Vision System (DEVS)
150/5220-46
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10C
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting
Vehicles
150/5220-13B
Runway Surface Condition Sensor Specification Guide
150/5220-16C
Automated Weather Observing Systems for Non-Federal Applications
150/5220-17A
and Change 1
Design Standards for Aircraft Rescue Firefighting Training Facilities
150/5220-18
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Equipment and Materials
150/5220-19
Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting
Vehicles
150/5220-20 and
Change l
Airport Snow and Ice Control Equipment
150/5220-21 B
Guide Specification for Lifts Used to Board Airline Passengers With Mobility
Impairments
Page 23 of 28
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TITLE
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150/5220-22A
Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5300-13 and
Airport Design
Changes l
through 10
150/5300-14 and
Design of Aircraft Deicing Facilities
Changes l
through 2
150/5300-16
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National Geodetic
Survey
Page 24 of 28
150/5300-17
General Guidance and Specifications for Aeronautical Survey Airport Imagery
Acquisition and Submission to the National Geodetic Survey
150/5300-18
General Guidance and Specifications for Submission of Aeronautical Surveys
to NGS: Field Data Collection and Geographic Information System (GIS)
Standards
150/5320-56
Airport Drainage
150/5320-61D and
Changes 1
through 4
Airport Pavement Design and Evaluation
150/5320-12C
and Changes 1
through 8
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/5320-15 and
Change l
Management of Airport Industrial Waste
150/5325-46
Runway Length Requirements for Airport Design
150/5335-5A
Standardized Method of Reporting Pavement Strength PCN
150/5340-1J
Standards for Airport Markings
150/5340-56 and
Change 1
Segmented Circle Airport Marker System
150/5340-18D
Standards for Airport Sign Systems
150/5340-30B
Design and Installation Details for Airport Visual Aids
150/5345-3E
Specification for L821 Panels for Control of Airport Lighting
150/5345-56
Circuit Selector Switch
150/5345-7E
Specification for L824 Underground Electrical Cable for Airport Lighting
Circuits
150/5345-10F
Specification for Constant Current Regulators Regulator Monitors
150/5345-12E
Specification for Airport and Heliport Beacon
150/5345-13A
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26C
Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27D
Specification for Wind Cone Assemblies
150/5345-28F
Precision Approach Path Indicator (PAPI) Systems
150/5345-39C
FAA Specification L853, Runway and Taxiway Retroreflective Markers
150/5345-42F
Specification for Airport Light Bases, Transformer Housings, Junction Boxes
and Accessories
150/5345-43F
Specification for Obstruction Lighting Equipment
150/5345-44G
Specification for Taxiway and Runway Signs
Page 25 of 28
150/5345-45B
Low-Impact Resistant (LIR) Structures
150/5345-46C
Specification for Runway and Taxiway Light Fixtures
150/5345-47B
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
150/5345-49B
Specification L854, Radio Control Equipment
150/5345-50A
Specification for Portable Runway and Taxiway Lights
150/5345-51A
Specification for Discharge-Type Flasher Equipment
150/5345-52
Generic Visual Glideslope Indicators (GVGI)
150/5345-53C
Airport Lighting Equipment Certification Program
150/5345-54A
and Change 1
Specification for L-1884 Power and Control Unit for Land and Hold Short
150/5345-55
Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56
Specification for L-890 Airport Lighting Control and Monitoring System
ALCMS
150/5360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12D
Airport Signing and Graphics
150/5360-13 and
Chan e 1
Planning and Design Guidance for Airport Terminal Facilities
150/5370-2E
Operational Safety on Airports During Construction
150/5370-106
Standards for Specifying Construction of Airports
150/5370-11A
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement
150/5380-6A
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-26
Heliport Design
150/5390-3
Vertiport Design
150/5395-1
Seaplane Bases
THE FOLLOWING ADDITIONAL APPLY to AIP PROJECTS ONLY Dated: 3/21/2007
=BE,.
a-
s i
150/5100-14D
Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
150/5100-15A
Civil Rights Requirements for the Airport Improvement Program
150/5100-17 and
Land Acquisition and Relocation Assistance for Airport Improvement Program
Changes l
Assisted Projects
through 6
Page 26 of 28
150/5200-37
Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300-15
Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17
Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-613
Construction Progress and Inspection Report-Airport Grant Program
150/5370-11A
Use on Nondestructive Testing Devices in the Evaluation of Airport
Pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5370-13A
Offpeak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5380-7A
Airport Pavement Management System
150/5380-8
Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements
THE FOLLOWING ADDITIONAL APPLY to PFC PROJECTS ONLY Dated: 3/21/2007
ATTACHMENT C
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph (a);
Page 27 of 28
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring
in the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of such
notices. Notices shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (f),
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)
z l s ~1s n
~~-~~ra ~ ~s rj/ 6D"
l t~F~S 7(- lo
Check if er *etworkp ces on filg/that are not identified here.
Carlfa`Romine-Hak&d'rkY Dir
Typed Name and Title of Sponsor Representative
Dated:
Page 28 of 28
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT CSJ No.: 0918DENTO
TxDOT Project No.: AP DENTON 10
TxDOT Contract No.: 9XXAV006
Commission Approval: August 28, 2008
C.F.D.A.:20.106
Amendment No. 01 to the Agreement
Part I - Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas
Department of Transportation, hereinafter referred to as the "State," have entered into an Airport
Project Participation Agreement TxDOT CSJ Number 0918DENTO, executed by the Sponsor on
September 11, 2008, and by the State on November 3, 2008, for the development of the Denton
Municipal Airport, hereinafter referred to as the "Airport".
The project is described as to:' acquire land for Runway extension, runway safety area
and medium intensity approach lighting system with runway alignment indicator lights at the
Denton Municipal Airport.
It is in the mutual interest of the Sponsor and the State to increase the grant by $177,500
for additional land costs.
Part II - Offer of Financial Assistance, estimates total project costs to be $710,000; and
financial assistance is currently limited to $639,000 in federal funds and $71,000 in local sponsor
funds.
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendment by the Sponsor and the State.
The Airport Project Participation Agreement is amended as follows:
1. On Part II, Item No. 2 of the Agreement, change Amount A, estimated total costs, and
any further references in the Agreement to Amount A, to $887,500.
Page 1 of 3
2. On Part II, Item No. 2 of the Agreement, change Amount B, estimated costs eligible for
federal financial assistance, and any further references in the Agreement to Amount B, to
$887,500.
3. On Part II, Item 3 of the Agreement, change Amount C, the maximum obligation of the
United States payable under this offer, and any further references in the Agreement to Amount
C, to $798,750.
4. On Part II, Item 4 of the Agreement, change Amount D, Sponsor's share of the estimated
costs, and any further references in the Agreement to Amount D, to$88,750.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
This Amendment to the Airport Project Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this day of 20of .
The City of Denton, Texas
Sponsor
Witness Signature Sponsor Signature
Witness Title Sponsor Title
Page 2 of 3
i ~ , YI 4
Execution by the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or carrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date: I
Page 3 of 3