2005-109
FILE REFERENCE FORM
2005-109
FILE(S) Date Initials
Amendment No. 01 to the Agreement (original is attached) 07/08/05 JR
Amendment No. 02 to the Agreement - Ordinance No. 2006-029 01/17/06 JR
S:\Our Doeuments\Ordinances\05\TxDOT Airport Maintenance Grant 2005.doc
O CENO. /oq
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN ACCEPTANCE OF AN
OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT
FOR CONSTRUCTION SERVICES TO CONSTRUCT A CORPORATE APRON AND STUB
TAXIWAY AT THE AIRPORT; AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS
PROVIDED FOR IN THE GRANT PROGRAM; AND DECLARING AN EFFECTIVE DATE
(TxDOT Project No.: AP DENTON 9; AND TxDOT CSJ No.: 0518DENTO).
TIlE COUNC1L OF THE CITY OF DENTON HEREBY ORDAINS:
.RRC~TIC~N 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 acceptance of an offer from the Texas Department of
Transportation relating to a grant for certain construction services for a corporate apron and stub
taxiway, a copy of such grant being attached hereto and made a part hereof for all purposes (the "Grant
Agreement").
~qI~C~TICIN 2. The City Manager is hereby authorized to expend such funds as are provided
for in the Grant Agreemmat.
RI~(2TICIN 3 This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~--~'~ dayof //~2d~,/ ,2005. !
EULINEBROC~MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBE:T. ~Y/, ~ATTORNEY
BY.
~
ORIGINAL
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.: 05 I 8DENTO
TxDOT Project No.: AP DENTON 9
TxDOT Contract No. : 5XXA V084
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1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq.,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; 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: construction services to construct corporate apron
and stub taxiway at the Denton Municipal Airport as approved by the Texas Transportation
Commission on March 31, 2005.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the United
States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.c., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as
provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and conditions as herein
provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON
BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as
the United States share of the allowable costs incurred in accomplishing the project, ninety
1 of 26
percentum of all allowable project costs. This grant is made on and subject to the following
terms and conditions:
Part II - Offer of Financial Assistance
1.
The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.c., the V.T.c.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
2.
It is estimated that construction project costs will be approximately $1,077,100.00
(Amount A). It is further estimated that approximately $974,600.00 (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. It is further
estimated that approximately $102,500.00 (Amount C) of the project costs will be
eligible for federal financial assistance, and that federal financial assistance will be for
fifty percent (50%) of the eligible project costs. Final determination offederal eligibility
of total project costs will be determined by the State in accordance with federal
guidelines following completion of project.
3.
The maximum obligation of the United States payable under this offer shall be
$928,390.00 (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 $148,710.00
(Amount E). The Sponsor specifically agrees that it shall pay any project costs, which
exceed the sum of the federal share (Amount D).
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage
of financial participation as stated in Paragraph 11-2. The State shall refund to the
Sponsor, at the financial closure of the project, any excess funds provided by the
Sponsor.
5.
If there is an overrun in the eligible project costs, the State may increase the grant to
cover the amount of overrun not to exceed the statutory twenty-five (25%) percent
limitation, and will advise the Sponsor by amendment of the increase. Upon receipt of
2 of 26
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 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.
7.
Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor
grants to the State and federal government the right, upon advance written request during
reasonable and regular business hours, to audit any books and records of the Sponsor to
verify the funds. In addition, the Sponsor shall disclose the source of all funds for the
project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount 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 said obligation, either in whole or in part, within 30 days of written demand,
the State may exercise its rights under Paragraph V - 7. Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at Jaw
or equity.
PART 111- Sponsor Responsibilities
1.
In accepting the Agreement, the Sponsor guarantees that:
a.
it will comply with the Attachment A, Certification of Airport Fund, attached and
made a part of this agreement; and
b.
it will comply with the Attachment B, Certification of Project Funds, attached and
made a part of this Agreement; and
3 of 26
c.
it will comply with the Attachment C, Airport Assurances (9/99)(State Modified
9/99), attached and made a part of this Agreement; and
d.
it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant; and
e.
the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of said improvements, not to exceed 20
years; and
f.
consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term of this Agreement; and
g.
it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products
and aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
h.
it shall not permit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA; and
i.
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
J.
it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests;
arid that airport property identified within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be pledged to airport use and shall
not be removed from such use without prior written approval of the State; and
k.
the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
l.
all fees collected for the use of an airport or navigational facility constructed with
4of26
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).
Sponsor shall not be required to pledge income received from the mineral estate
to airport use unless state and/or federal funds were used to acquire the mineral
estate of airport lands or any interests; and
m.
an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from
other types of moneys identified in the fund as a whole. All fees, charges, rents,
and money from any source derived from airport operations must be deposited in
said Airport Fund and shall not be diverted to the general revenue fund or any
other revenue fund of the Sponsor. All expenditures from the Airport Fund shall
be solely for airport or airport system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has complied with the requirements of this subparagraph;
and
n.
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 ofland 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.
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
5 of 26
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
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State,
the State's agents, employees or contractors from any and all expenses, including attorney
fees which might be incurred by the State in litigation or otherwise resisting said claim or
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees.
4.
The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, as
provided, and the Agreement shall comprise a contract, constituting the obligations and
rights of the State of Texas and the Sponsor with respect to the accomplishment of the
project and the operation and maintenance of the airport. Such Agreement shall become
effective upon execution of this instrument and shall remain in full force and effect for a
period of at least 20 years.
5.
The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U.S.c. Sponsor agrees to assume responsibility
for operation of the facility in compliance with all applicable state and federal
requirements including any statutes, rules, regulations, assurances, procedures or any
6 of 26
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 D, Certification Regarding
Drug-Free Workplace Requirements, attached and made a 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.
9.
Except for instrument landing systems acquired with AlP 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 AlP during the useful life of the
equipment. The sponsor must check the facility, including instrument landing systems,
prior to commissioning to ensure it meets the operational standards. The Sponsor must
also remove, relocate, or lower each obstruction on the approach or provide for the
adequate lighting or marking of the obstruction if any aeronautical study conducted under
FAR Part 77 determines that to be acceptable; and mark and light the runway, as
appropriate. The Federal Aviation Administration will not take over the ownership,
operation, or maintenance of any sponsor-acquired equipment, except for instrument
landing systems.
10.
For a project to replace or reconstruct pavement at the airport, the Sponsor shall
implement an effective airport pavement maintenance management program as is
required by Airport Sponsor Assurance Number 11. The sponsor shall use such program
for the useful life of any pavement constructed, reconstructed, or repaired with Federal
financial assistance at the airport. As a minimum, the program must conform to the
provisions in Attachment E "Pavement Maintenance Management Program", attached
and made a part ofthis agreement.
11.
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 AlP funds for reconstruction or rehabilitate of pavement construct utilizing
State specification for 10 years from pavement acceptance.
Part IV- Nomination of the Agent
1.
The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either
of the parties for costs incurred.
7 of 26
2.
The State agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives,
except as otherwise specifically provided.
3.
The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor grants the State a power of attorney to act as its
agent to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant
thereto, and the Sponsor;
b.
receive, review, approve and process Sponsor's 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.
8of26
Construction Phase:
I. authorize the advertisement, receipt and opening of bids for construction of the
above project; and award contracts for construction of the above project and
acquisition of materials related to it; and execute, on behalf of the Sponsor,
construction contracts as related to this project;
j.
participate in pre-bid and pre-construction conferences; and issue orders as it
deems appropriate regarding construction progress, including but not limited to
Notices to Proceed, Stop Work Orders, and Change Orders;
k.
review, approve and maintain record drawings.
PART V - Recitals
1.
The State and 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 are not limited to, bid bonds, payment bonds, and
performance bonds. Pursuit and enforcement of contract items may require litigation and
other remedies of law.
4.
The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons, which may arise from, or be incidental to, compliance with
this grant agreement.
5.
This Agreement is executed for the sole benefit of the contracting parties and is not
intended or executed for the direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or commitment, which the Sponsor
may enter into or assume, or have entered into or have assumed, in regard to the above
project.
6.
If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part. The notice of suspension
shall contain the following:
a.
The reasons for the suspension and the corrective action necessary to lift the
9 of 26
suspension;
b.
A date by which the corrective action must be taken;
c.
Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7.
This Agreement is subject to the applicable provisions of Title 49 U.S.c., the V.T.c.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the rules and
statutes shall be considered a breach of this contract and will allow the State to pursue the
remedies for breach as stated below.
a.
Of primary importance to the State is compliance with the terms and conditions of
this Agreement. If, however, after 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: (I) 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 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
10 of 26
of Article II of the Texas Constitution, if applicable) and to the availability of funds
which lawfully may be applied.
II.
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.
11 of 26
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
B~ ,OJ £
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date:
t-(' // J /c.:, ?-
13 of 26
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 eamings, and
balances in the account are discernible from other types of moneys identified in the fund as a
whole.
The Citv of Denton, Texas
(Sponsor)
J By ~t¡Ä.?VE
Title:' Assist;"]t Ci tv ~,"niàger
Date:
Af.t, L
J.
L 00 S-
14 of 26
ATTACHMENT B
CERTIFICA TION OF PROJECT FUNDS
TxDOT Contract No.: 5XXA V084
TxDOT CSJ No,: 0518DENTO
The Sponsor does certify that sufficient funds to meet the Sponsor's share of project costs as
identified in the Airport Project Participation Agreement for said project will be available in
accordance with the schedule shown below:
SPONSOR FUNDS
Source
Amount
Date Available
2004 C.O Bonds
$237,988
May 1, 2004
The Sponsor, has caused this to be duly executed in its name, this YrJ[ day of
â.p¿JL, 20~.
The Citv of Denton, Texas
(Sponsor)
J By ~~ijl<E
Title: Ássistant City Manager
15 of 26
ATTACIIMENTC
A. G,nml.
PART V ASSURANCES
Alcport Spon,o"
I.
2,
3.
The>o ",omoe" ,h,1I be compiled wÜh ;0 the p"fonmoce of g,"01 ag"emeolS fol. a;cport devo]opmeol. ,;cport plooo;og,
ood 00;>0 comp";b;];ty pmg,"m g,"olS fol. o;cport 'poo,o",
The>o ""","om '" "q"l"d to be",bm;tted", port of the pmj", Alcport Pmjeel rort;dpat;oo Ag""neol (he";oon,,
"fened to", "APPA") by 'poo,o" "q"",;og food, ood" the pmvl,;oo, ofTÜIc 49. USC.. ",bt;tlc VII,", ,meoded, A,
o,ed he,,;o. the teon "pobhe 'geoey 'POO'Ol." mooo, 0 pob];e agceey wIth eootm] of a pobhe.o>o ,;cport: the lenn "Pl.;"te
'pOO"'I." mooo' a pdvote owo" of a pob];e-o" ,;cport: nod Ihe tenn "'POO'Ol." ;oclod" both pobl;e 'geoey 'poo,o" ,od
pnvote vpoo,o",
Upoo oceer'"oce of the g,"01 off« by the 'poo,oc, Ih"e ",o,"ocev "e I",ocpo,"ted 1o nod become part of the gm"
og"emeo!,
ß, Do,,';on ood Appheobmty.
I.
2.
3.
AI,po" deve]opm,ot °' Nol" Compotlbmty Pmg"m P,oj"" Und""keo by 0 Poblle Ag,o,y Spoovo,. The tenm,
coodÜ;oov nod o"o,"oe" oflhe g,"oI'gl.cemeotvholl "molo;o foil focce oodeffect thmoghoolthe o"foilife of the
f";I;d,, doveloped", eqolpmeol "qo;I.ed fol. an o;cport development oc 00;>0 eomp";b;];IY pmg,"m pm;eel. 0'
Ihmoghoo! the mefo] life oflhe pmject Item, ;nstolled wlth;n a f";];ty nod« 0 00;" eomp,,;blhIY pmgmm pm;eel. bot;n
ooyeveot 001 10 exceed Iweoty (20) yem fmm Ihe dote of"ceptaoce ofo g,"otoff«ofFede,"] food, fo"he pmjce!'
Howov«. th"e sholl be 00 hmlt 00 Ihe do,"doo of the a"o,"oe", "g"d;og Exclo,l" RIght, nod A;cport Reveooe vo loog
"' the olcport;v o>od", 0° olcport. Thet.e sholl be 00 hmlt 00 Ihe domt;oo of the ICons. eoodldo""ood o"omoe", wIth
I."pcet to '00] pmperty "qo;,ed w;th fedeml food"~ Forthen""". the domdoo of the C;v;1 R;gh" ",o,"oce ,holl be
'pcc;fied ;0 the o"omom,
AI,po" Development °' Nol" Compatlbmty Pmj"" Und"takeo by , P,lvat, Sponso,. The p"ced;ng pa,"gmph ]
olvo appl;" to 0 p,;"te vpon,o""eptth" Ihe o"fo] ];feofpm;ect Item, ;o,,"lIed w;lh;n 0 foemtyo'the o>ofo] ';feofthe
f"I';II" dovcloped oc eqo;pmeol "qol"d ood" oo o;cport dOYciopmeol °' 001" eomp"lb;]Üy pmg,"m pmject ,holl be 00
"'v thoo teo (10) yoo" fmm thed"e of "ceptaoce of Fed"ol old foc Ihepmjce!'
AI,po,t Pl,nnlng Unde",ken by , Sponvo" Unl", othmv;" 'pee;fied 1o the g,"nt ag",mo". only A"omnoc; ],2,3,
5.6. ]3. ]8.30.32. 33.and 34;n "otloa C opply 10 plono;ngpmjee", The t"m,. eond;t;on,. nod ",voca"", oflho gm"
og",mont ,holl "molo In full fo"e nod effeot dOl.;ag tho life of the pm;,,!.
C. Sponvo, C,"lfieallon. The 'pon,oe het.eby o,,",OS and eert;fi", with "'peet 10 the, gmol tho"
I.
Geneml Fed",1 R,qnlt.,meo". It well comply w(¡h all appl;"b]o Fodecallow,. "go]ot;on,. ex"ol;" oed",. pohe;".
g";dell,,",, nod "qol"mon,,", they I.clote to the pmjoet, oceepton" and ovc of Fedem] fuod, fa, the, pm;'" ;nclod;ng bot
not ];mlted to the following,
F,d",1 L'g"'atl.n
0, T;tle49,USC..vobt(¡leVII,",amendod,
b, Oovlv-Bacon Act - 40 U,S.c, 276(0). ill£g,'
Fede,"1 Fo;, Lobo, Staad"dv Aot, 29 USC. 20l,ot vcq,
lIatohACt-5U,S,C,]50],otvcq,'
Unlfonn Rdoeat;on A";"ao,, and Rool Pmperty Aoq"I,ltlon Polle;" Ael of ]970 Title 42 usc, 460]&
",","
N";on,] HI"ol.lo P",",votloo Aot of 1966. S"tloo t06 - 16 USc, 470m'
A"heolog;oo] nod IIlstoe;e P"""ot;on Aot of ]974 - 16 U.S.c, 469 thm"gh 4690.'
No"" Amet.;ean; Gmve Repot"otloa Act. 25 U,S,c, SectIon 300]. ill£g,
Ciono AI, Aot, P.L 90-]48, "omendod,
Co","] Zooo Monogem,," Aot. P.L 93.205. c; omendod.
Flood 0;""" Pmtoct;on Aotof]973 - Soct;on 102(0),42 U's,C. 40]2a,'
T;,10 49 ,U's,C.. Seot;oo 303. (fonnedy koowa", Soot;"a 4(n¡
Rehob;lItot;oa ACt of 1973 - 29 usc, 794,
C;vll Rlghtv ACt of ] 964 - T;tle VI - 42 U,S,c, 2000d Ihmogh d-4,
Ago O",,;m;o";on Aot of 1975 - 42 U,S,c, 6]0], ill£g,
Am";,,a ]nd;ao Rellg;oc; F"odom ACt. P.L 95-34]. c; ameodod.
Moh;t"'oca] Ban;", A" ofl968 -42 U,S.c, 415], ill£g,'
Powet. pinal and lado"';ol Foci U" A" of ] 978 - Soet;on 403. 2 U's,C. 8373,'
Cootm" Woek 11o"" nod Safcty Stond"dv Act - 40 USc, 327. ill£g,'
Copclaod Ant;k(okback Aot. ]8 USc, 874,'
Not;onol Eov;coamonla] Po];ey Act of ]969 - 42 U,S,c, 432 ],-,,-=,'
Weld nod Sceo;e RI"" Aot, P.L 90-542, "' ,mended,
S;,'glo Aod;, A" of ]9S4 - 31 U,S,c, 7501, ill£g,'
Drug-Fl." Wo,kploee Ael of 1988 - 4] U,S,c, 702 thm"gh 706,
d.
r.
g,
h,
j.
k,
I.
p,
q,
L
Emntlv< O,d",
. Ex"ot;ve O,det. 1]246. Eqoal Employmonl Opp"rton;ty'
Ex"ot;veO,d,,] ]990- Pmlectl,mofWctlond,
16 of 26
2.
3.
Emut;" O,d" 11998 - Flood Plaio Maoag,m,nt
Emuti" O,d" 12372 - Int"g"vomm,ntal R"i,w ofF,d",1 Pmg"mv,
Emutiv, O,d" 12699 - S';vmi, Safety ofF,d",1 aod Fed""lIy A"i",d N,w Su;lding Con"ruotioo '
Ex"uti" O,d" 12898 - Envimnm,ntal Ju"i"
b,
Fede..1 Regulatinm
14 CFR Part 13 - Invo"ig"ivo and Enfo",m,nt Pm"du"',
14 CFR Part 16. Rub of P"oti" Fm F,d",lIy A"i",d Ai'Port Eofm"ment Pm",diog',
I~ CFR Part 150. Ai'port noi" ,ompmib;lity plmming.
29 CFR Pm11 - P"",du'" fo'p"d'l,nninatioo of wag' "",,'
29 CFR Part 3 - Conte"to" and vub,o"",oto" on public building oc public wo,k fi"n"d ;n whole '" part by
loanv o'g"n" fmm Ih, United StaleY,'
29 CFR Part 5 - Labo, "anda,dv pmv;vio" appl;cahle to CO"",," cov"ing fode"lIy finan"d aod ",;,ted
con"ruotion (alvo laboc "and"dv pmviv;onv appli,ablo to non-convteu"ion ,o"te"" vubjeot to tho Cootm"
Wmk Hou" and Safety Slaod"dv Aot)'
41 CFR Part 60 - Offi" ofF,d",1 Contmet Complian" Pmgmm" Equal Employm'nt Opportunity,
Departntoot of Laboc
(Fed,ml and fede"lIy a,,;vted cont,,"iog ,egu;"men")'
49 CFR Part 18. Un;fonn admioi""tivo "qui"men" fo' g"n" and coopemt;vo ag"emoo" to vtate and local
govommen".'
49 CFR Part 20 - New "vtei,lio" 00 lobby;ng.
49 CFR Part 21 - Nondiv"im;natioo ;0 fedetally-a"i,ted pmgtamv of the D,partmoot of rtanvportation -
,fTeotoation omtle VI of the Civil R;gh" A,tof 1964.
49 CFR Part 23 - Participation by Divadvantag, Buvine" Ente""", in Ai",ort Con""ionv. ,
49 CFR Part 24 .Unifonn "location a"iVlan" and "al pmperty "quivition fo' F,detal and fed,tally a";,ted
pmgtamv' ,
49 CFR Part 26 - Partieip";on By Divadvantaged Bu,;n"v Ente""i"v io Departm,nt ofTta"'portat;on
Pmgtamv,
49 CFR Part 27 - Nondiv"im;n";on 00 the bav;v of handicap io pmg"mv and aotiv;ti" 'miviog oc benefit;ng
fmmFedetal
fioane;al "vivtan,,'
49 CFR Part 29 - Govommoot wide debann,nt and vuvp,n,ion (oon-pmemem,nl) and govomm,," wide
"qui"moo" fo, drug-f", wo,kpla" (gta"tv),
49 CFR Part 30 - Dco;al of pub I;' wo,kv ,ooteactv to v"pplie" of goody aod ",vim of count"" Ihat deny
pmco"ment mockct """ to U.S. contea"o",
49 CFR Part 41 - S,ivmi, vafcty of F,deml and f,demlly ",vi",d oc "gulated now bu;lding con"ructioo,'
"
d,
g.
h,
J,
k,
I,
p,
q,
Offi" or Management and Budget Ci"olan
a, A-87 . Co" P,;neipl" Applicable to Gmo" and Contea"v with State aod Local Govornm,n",
b, A-13] - Audi" of Stat", Local Government'. and Non-Pmfit O,gan;"tion<
(I) Tb",law,do"otapplytoa;cportplanoi"g,pm"o",
(2) Th"e lawv do not apply to p,ivat, vpon,"",
(3) 49 CFR Part 18 and OMB Ci"ulac A-87 conta;n ,equ;"m,n" foc State and Local Go"mmeo"
'm;v;og F,deml a";vtan,,, Aoy "gui"ment levied upon Stat, and Local Govornm,"tv by th;v
"gulation and ei«ulac vhall alvo b, applicable 10 p,icato <p<mvo" ,cooiv;ng F,deml "vi,tao" uod"
nle 49. Uo;ted Statev Cod"
Sp"ifi, "vumncav "qui,ed to be included ;0 scant ag,camentv by any ofth, above law,. "gulatioov 0' ,i"ul", a"
;n",cpomt,d by ""'co,, ;n tho gmnt ag,comoot.
Respons;biHty and Autho,;ty of tbe Spon...,
a, Public Agency Spomo' It hay legal authmity to apply fo, tho g'm", aod to finan" and eany out tbe pmpo"d
pmj,"; Ihat a "volutioo, motion mvimilacaction hay bcan duly adopted 0' pav"d "an offidal "tofth,
applicant'v governing hody autho,;,iog tho filing oflh, APPA, iocluding all und"'tandi"gv aod "vumn",
contain,d th",;o, aod di"oting and autbo,i,;og tho p",on ident;fied av the official "p,,«ntative ofth,
applicant to act;n ,onocalion witb tbe APPA a"d to pmvide vu,b additi"oal iofo,mation" may be "qui"d,
P,;vate Spoovo, It bay legal autho';ty to apply fm tho gmnt and to financa and cany out tho pmpo"d pmj,ct
and comply with all tenov, ,ond;tion', aod avvumn"v oftbiv gm"t ag",m,nt. It vball devignate an official
"p""ntative and <hall;o w,;ling d;"ct andautho,i" that p",on 10 file thiv APPA. includ;ng all
uod",tanding' and a"umncav contained Ih",i,,; to act in connection with tbiv APPA; and tn pwvid, such
add;lional infow"'ion " may he "qui"d,
b,
Spoovo, Fund Ava)labiHty, It hay vuffi,;,nt fund, ava;table factbat portion ofth, pmj,ct co"v wbieb a" not to be pa;d
by the United State" It av vuffi,ient fundy availablo to a"u" op'mtioo a"d maintenanca of item, fuod,d und" tb, gmnt
ag,cam'nt wh;eh it will own °' ,ontm\.
4, Good Title.
It, a public agency 0' the F,d,ml government, holdv good t;tl" vativfacto'Y to the Smota'Y, 10 the land;og acca
of tb, aicpnrt '" ,ite th",of. m will give "vumn" vativfact"'Y tn tho S""""y tbat good title will be
"qui"d,
17 of 26
b,
Fo' 00;" comp";b;];ty pmgmm pmj"', to bo OSIT;od oot O" tho pmporty of the 'P°",OI,;' hold, good Üt]o
"t;,faot°'Y to the Smota'Y to that port;oo of tho pmporty opoo wlÜoh Fodom] fuod, w;1I bo oxpooded 01 w;1I
g;" a"umooo to tho Smota'Y that good Wle w;1I bo obta;",d,
s.
Pm","lng Rights aod Powm.
a. It w;1I not take o'pOlm;t anyoot;on wh;oh wouldopemto to dopl;";' of any of tho ,;gh" and powm ",oo"a'Y
to pOlfonn any °' all of the to"TI>, cond;t;on,. and a"um"o,,;n tho gmnt ag"omoot w;thoot Ihe WI;"OO
appmvo] of tho Smota'Y. and w;U 001 pmmpt]y to ooqu;", oxt;ogo;,h 01 moMy aoy ouwaod;ng I;ght, °'
da;m, ofdght ofotho" wh;oh woold ;OtortOlO w;th 'uoh pClfonnaooo by tho 'POOSOL Th;, shall bo do",;o a
maooOl a"'plable to tho So"'ta'Y'
It w;1I oot "1I.I",e,o,,eumbOl. 01 otho",ise Im",f 0101 d;,pose ofaoy part ofi" title o'oth" ;otol"," io the
pmporty ,howo 00 Exhibit A to this APPA 01, foLa ooi" compatibility pmgmm pmj"" that portioo of tho
p"'perty upoo which Fed"a] fuods haw bolo expoodod. foe tho domtioo of tho loons. eoodiÜo"" aod
assumooo, io tho gmol ag"emoot w;thout approvo] by tho Smola'Y, ]ftho tm",f",o is fouod by tho So"'la'Y
to bo digible oodOl Tillo 49, Uoited State, Codo, 10 a"umo tho obligatio", of the gmot ag"omoot aod to have
tho POWOl, authol;ty, aod fioaocia] IOSOO"OS to eOIT)' oot all sooh obltgatio"" tho 'po",o, ,hall iosert ;0 the
oootmot oldocomoot tm",fo",og old;vpu,iog of tho SPOOSOI" ioto,ost. aod make biodiog upoo tho tmosfo"e
all of tho loon', cooditio"" aod a"umom oootai"od io thi, gmot ag,oomoot
Fo, all ooise oomp"ibil;ty pmgmm proj"'s which a" to bo osITied out by aooth" uo;t of loco] guvommoot 01
a" 00 property ow",d by a uo;t of loosl go"mmoot OlhOl thao the vpoow,. ;t will OotOl into a" ag,oomoot with
that go"mmcot Empt" otho",ise specified by tho Smola'Y, Ihat ag"omcot ,hall obltgalo Ihat go"romont
10 the "mo loons, eood;tio"" aod a"umno", that would bo appltoablo to it ;fit appl;od di"otly to the FAA fm a
gmot to uodonake Iho ooise compatibility p"'gmm project That agloomcot aod ohaogox th"'lo ntust bo
sati,faoto'Yto tho Smola'Y, It w;1I lake "op' looofoloo th;, ag"omoot agaiost tho 1°"] go"mmont ;fth"o is
",bstaoÜa] ooo.comp];aooo with tho lonnv oflho ag,oomoot
Fo, oo;se comp"ih;l;ty progmm proj"'s I" bo os,,;od out 00 pdvaldy owood property. it will osto, ;oto ao
ag'oomoot with tho OWOCI of that pmporty which i"dudes provisio", specified by the So"'ta'Y, It will take
steps to cofoloo thi, ag"emont agaiost tho property owo" who",VOt th", i, ",bvlantial "o".compl;aooo with
tho tonns orthe ag,oomcot
]ftho 'POOSOI is a p,ivato'po",m, it will take "op' "ti,foot°'Y to tho Smot"yto CO"", thot the aicport will
cooÜooc to fuootioo "' a publto.use aicport ;0 aooo,daooo with those assumooov fm tho dumtioo of these
",sumnoes,
Ifao aITa"gomcot;' made fm maoagemcot aod opomtioo uftho aicport by aoy agooey UI pmoo othOl thao the
'poo,o, 0' ao omployoo of tho 'poovm, tho 'po",o, will "sem ,umo;oot I;gh" aod aulhu,ity to ;"'u" thot the
aicpon will bo up"'tod aod maintaiood ;0 aoooedaooo Title 49, Uo;tod S"to, Codo. the "gu]aÜo", ",d tho
tonnv, cood;tioos ",d 'ssutaoo,,;o tho gmot ag"emcot aod ,h,1I i",u,e thaI ,ueh "'aogomoot ,Iso "qui",
eompliaooo th"'w;lh,
b,
d,
6.
Co",i"'n'y wilh Looa] Plan,. The pmjoot is ""o",b]y ",",;,to"' with pi,", (oxiVliog at tho Ümo of",bmi"ion ofth;,
APPA) of pub lie agooo;" that atoautho,ized by tho S,"to io which tho pmjoot;' ]oootod 10 plao foltho dmlopmont of the
at'" ,uITouod;og tho ,icport,
7.
Comid..ation of Looa] Inleml, It h" givco fa;1 oo",id"otion to tho iot""t of commonili" ;0 01 0'" whOLe tho pmjoot
m,y be located,
8.
Con",It..ion with U,m. ]n makiog a dooi,ioo to uodortake "'y aicpo" dCYclopmcot pmjoot uod" Titlo 49, Uoitod State,
Codo. ;1 h" undortuko" "awoable con'u]tatioos with ,ffootod parti" u,;og tho a;cpo" " which pmjeot i, pmpo"d,
9,
Public "ea,;og', ]n pmjeotv iovo]viog tho ]ooaÜon of ao ai,port. ao ,icport moway, oe a m,joe conway ""os;oo. ;1 has
affoldod the oppo"uoity foe public h",iog' foe tho pucpose of co",id"iog the ooooomie. ,ooial. ,od onvimmnco"] o/Too"
oflho aicport °' mow,y location aod i" oo",istcooy with goals aod objootiv" of such p]aoo;og" h" boon "ITied out by
tho oommo",ty aod it shall. whco "qoosted by the So"""'Y. ",bmit a copy oflho ttaosaipt ofsoeh h",;og' to tho
Swota'Y. Furth". foe vuoh pmjom. it hay on its maoagomcot bootd o;th" vot;og "p""ntaÜoo fmm tho oommuoiÜos
who" tho pmjoot i, looatod °' h" ,dvi"d tho commuoit;" Ihot they have tho Light to potitioo tho SWOta'Y coooomiog a
pmposed pmjoo!.
10.
Aic and Waloc Qoalily Stand"dv, ]0 pmjoo" i",olving aicpo" ]ooatioo, a majo, "",way ox"o,ioo. oe moway loc"ioo it
will pmv;do fo,the Govemoeofthoslate;o which tho pmjw iv lucotod tooortify io w,iling to the Swota'Y that tho
pmjoot will bo ]ooalod, d,,;good. oooSln"tod, ,nd opomtod '° ay to comply w;th applicable a;1 aod w,to, qual;ty ,Iaodotd"
]n u"y '"" who" ,ueb staodatd, havo oot booo appmved aod wh", applicable ai, uod wato, quality staodotd, have booo
pmmolgaled by the AdmioiSltatoe of tho Eovimomo",,] Pmteotioo Agcooy. oortifioal;oo vhall bo ob,";ood fmm such
AdmioiSltalo,- N",ioo ofoo,,;ficatioo °' "fusal to oo"ify ,hall ho pmv;dod w;thio sixly days aft" tho pmj", APPA h"
booo "ooivod by Iho Swcta'Y,
II.
Pasoment P",cotiso Mainteoaoce. Wilh lospOOt to , pmjoot appmved aft" Jaoua'Y ], ] 995, foe tho "plaoomo", ,u
"eoostmotioo ofpa"moot at tho ,;cport. it assu"v 0' certifies Ihat ;t has implomootod ao offwive a;cpo" pavomcol
maiotooaooo.managemcot pmgtam and il a"u"s that;t will use ,ueh pmgmm foe Iho usefull;fe ofaoy pavement
cooslmotod, "cooVl",otod oe "pai"d w;th Fodom] fi",oci,] assistaooo at tho aicport, It wdl pmv;de ,ueb "ports O"
pavemoot coodition ",d pavem"" maoagomcol pmgtam' " tho So"ota'Y dot"m;oes may bo usofuL
¡ 8 of 26
12.
T"mlnal Develnpmenl P'",qnlsltcs. Fo, pmjeCts which include IenTI;nal d",lopment at a pubhe use alcpon. as
defi"d in nle49,;¡ hos, on the dale of submittal of the pmjectgmnt cequest, all thesafcty equipment cequ;ced fm
cenificaÜon of soeh al'pon und" sectitm 44706 ofnle 49, United States Code. and all the sce"ity equipment cequiced by
rule 0' cegul"ion, and hos pmv;ded fo, ""OS to the passeng" enplaning and deplaning acea of such a;cpon to passeng'"
enp]anlng and dep]anlng fmm aicemf¡ oth" than ai, caIT;" a;cemf¡,
13.
AceonnHng Systcm, Audit, and R"o,d Keeping Requleemeuts.
a, It shall keep all pmject accounts a"d lceolds wh;eh fully disclose the amoot" and dlspos;tlon by the cee;plent of
the pmeceds of the gmnt, the total <Ost of the pmject In eon"ct;on w;¡h wh;eh the gmnt is given oc used, and
the amount oc natuce of that pon;on of the cost of the pmjw suppl;ed by oth" souce", and such oth" fina"lal
ceeolds pen;nent to the pmjcel. The accounts and ceeocds shall be kept ;n acemdance with m, aceountmg system
th" will faeihtale ao "fect;ve audit in aceo,dance w;¡h the Single Audit Act of 1984,
It shall makeoval]able t" the Scecetaey and the Comptmll" Gco"al of the Un;¡ed States, o,anyofthei,du]y
autholi"d cepce"ntat;v". foc the pUCP"" of "dlt nod exam;n"ion, any books, doeeme"ts, pape", and lceocds
of the ",;plent that ace peninent to the gmnl. The SectCtaey may cequlce that an appmpI;ate audit be conduCted
by a ceelplenl. ]n any ensc ;n which an ;ndependcot "d;t ;s made of the accounts of a spo""" ,cl";"g to the
dlspos;¡lon of the pmceeds of a gmnt oc ,cl"lng to the pwjw in eo""cet;on w;¡b which the glm" wos given oc
",ed,;t shall file a cen;fied copy of such "d;t w;th the Comptmll" Ge"eml of the Uo;¡ed State; "ot late,thno
six (6) months following the closc of the fiscal YCOt foe wh;eh the aud;¡ was made,
b,
14,
MInImum Wage Rat". It shall ;nclude, In all eonllacts In excess of$2,OOO foc wolk on any pmjects funded und" the
gmot agceement wh;eb involve Jabot, pmvls;ons estabhsh;ng m;nimum mt" of wages, to be pcedetenn;ned by the
Sectctaey of Labo,. In aceOldaoce with the Davis-Bacon ACt, as amended (40 U's,C 276a-276a.5). which eonllacto" shall
pay to skilled nod unskilled labol, nod seeh m;nlmum mtes shall be stated In the invltaÜon foc bids and shall be Included ;n
pwpnsa]s o,blds folthe wolk,
15.
Vetmn's Peefmnce. It shall Inclode i" all eonllaels foc wmk 0" any pmjeC! fonded oodet the gcant agecement wh;eh
;nvo]ve Iobol, such pmvlslons as ate ""ossaey to Insuce that, In the employment of labOl ("cept In exceotice.
admln;"catlve, m,d supmlsoey poslli"n,), plOfelOnce shall be given to Vctemns of the Vlctnam eca and d;sabled vetecaos
as defined In Swlon47] 12 ofT;tIe49. United States Code. Howev", this plOfetence sheil am]y "nly whete the
i"dlv;dua]s ate available nod qualified to petfonTI the wo,k to wh;eh the employment IO]ates,
16.
Conroom"y 10 Plans and Specifications. It wiil exceute the pmjw sobject to plans. speclfieat;ons, and "hedu]os
appmved by the Swctaty, Such plans. spceificaÜons, and "hedu!" shail be sobm;tted to the SwCtaey p,loe to
commencement of s;te pcepamtlon, con"rueÜo". 01 othet petfononoce und" this gmnt agecement. and. upon ammva] of
the Swctaey, shail be Ineocpomted Into th;s gmnt agceemenL A"y modification to the appmved plans. spec;fieatlon" nod
sehedoles shail also be subject to appmval of the Sceectaey, and lococpomted Into the gmttt agecemenl.
17.
Consteuelion Inspection and AppmvaL It will pmvlde and ,m.I"ta;" competent technical sope~;sion at the eon"ruCtlon
s;te thmoghont the pmject to a"uce that the wmk confonTIs to the plans. spceificaÜons, a"d schedules appmved by the
Swctaty fmthe pmject, Itshail subject thee"nstmction wockon any pm;ecteontalned in a" appmved pmject APPA t"
iospcelion and appmval by the Scecetaey and such wolk shall be In accolda"ce w;th IOgulaÜons a"d pmcedulOs plOs"lbed
by the Swctaey, Such cegolations nod pmced"os shail IOUU;IO such cost and pmg"os IOport;ng by the spon"" '" sponso"
of such pmject as the Sceectaey shail deem nceos,"ey,
18.
PlannIng Pmjccts, In eatrying oat planning pmjcels'
a, It wiil excente the pmject ;n aceoldnoce w;th the appmved pmgcam natmtlve eo"ta;ned in the pmjeC! APPA m
w;th the mndifieatioos slml'ady appwved,
It wlil fuwlsh the Sceectaey with such p"lod;e IOpOrtS as IOuu;IOd perta;ning to the plno";ng pmject and
planning wo,k aeÜvltlos,
It w;1I I"clude In ail poblished mate,;al plOpaced in con"ection with the plnonl"g pmject a notice that the
mateelal was plOpaced ,md" a gmnt pmv;ded by the Uniled States,
It will make soeh matella] available f", exam;natlon by the pobl;" nod agcees that "0 mat"ial pcepalOd w;th
foods und" this pmjw shall be subject to eopyeight ;" the Un;ted States 01 noy oth" eoontey,
It will gi" the Semtaey unlOstc;C!ed anthotity to poblish. dlsclo". dlsllibote. and otheewise use any of the
matee;al pcepated I" eonnect;on w;th this gca"L
It will gcant the Sceectaey the tight to dlsamm" the sponsoc's employment of specific eonsoltants and theie
sobeonllacto" to do all olany pan ofth;s pmjectas weil as the eight to dlsappmve thepmposod "ope and cost
ofpmbslo,,"] s"vlces.
It will gmnt the Semtaey the 'Ight to d;sappmve the oso of the sponsoc's employees to do ail oc any part of the
pm]ecl.
It und",tands and aglOes that the Semtaey's appmval of this pmject gcant oc the SwCtaey's appmval of any
plan";"g matee;a] devcloped as pan of this gcant docs "ot con"ltote '" ;mply any assomnce oc eomm<tment on
the part of the Swctaey to appmve any pend;ng '" fntulO IOque" fOt a Fedeca] a;cpoo gmnl.
b,
d,
g,
h,
19.
Op",tion and "ainlcnance,
a, Theaicportandailfadlit;eswhlehacenecessaeytosmethea"onaotlcalumsofthe alcp"n, oth" than
facllili" owned Ot eontmlled by the U"ited States, shail beop,,"ted at ail Ümes ;n a safe and se"lccable
condition and I" aceoedance with the m;oimum standatds as may be IOqoi"d 01 plOs"lbed by applicable
¡ 9 of 26
Fedcm], "ate and local agene;" fo' ma;ntenanee and opcmÜon, It w;1I not coose or porm;t ony ael;voly or aet;on
thmon wh;eh woo]d ;nterfele w;th ;¡, ose fm a;rpnte porpo'"" It w;1I ",;tah]y operate and ma;nla;n thc a;rpote
and all fae;ht;" thereon m ",nnected thelew;th. w;th doc Ie"",d to cI;mal;c a"d flood eond;Üo"" Any propo,,]
10 tempo",;]y close the a;rpote for non-aemoooÜca] purpos" mu" fi", be appmved by the Secrctaty,
b.
In futehemnee of th;s assomnee, the 'pon"" w;1I have ;n elTeel arcangemco" for-
(]) Opemt;ng Ihe a;rpote', aeronautical faeilit;" whenever leqo;led;
(2) Pmmpt]y marking and hghting hamd, resolt;ng from airpote eond;lio"" ioe]oding tempom,y eoodiÜo",.
and
(3) Pmmpt]y notifying ai""co of any eondiÜon affect;ng aeronaot;eal ose of the ai'pote,
Noth;ng ",ntaioed hore;n shall be eo",trued to leqo;1e that the a;rpote be operated for acrooootical ose doring
tempomty period, wheo snow, flood mother climaÜe conditio", inte,fere with seeh oporat;on and ma;ntenanee,
Foteher, noth;ng hore;n shall be eon"rued as leqoi,;ng the ma;ntenanee, lepai" "'toration, 0' replacement of
any "ructore or faeihty which is ,"b"ontially damaged m de"royed doc to an act of God m other condition or
cileom"onee beyond the ennltol of the 'ponw,
It will so;tab]y opemte and ma;nta;n no;se enmpat;bil;,y pmgmm ;'ems that it ow", or controls opon wh;eh
Fedeml fw,d, have been expended, '
20,
Haznd Remnval and Mm.at;on. It will take appropr;ate action to assole that ,"eh te""iool a;"pace as i, leqo;led to
protect i",trument and viseal opcmt;o", to the a;rpote (incloding e"abhshed m;nimom firght aWlod,,) will be adeqoately
cleated ond protected by lemov;ng, low"ing, reloeal;ng, m"king, or hght;ng or othc~ise mit;gating ex;,,;ng aicpote
hamrd, and by plevent;ng the e"abhshment 0' ereat;on offotole aicpote hamd"
21.
CompaÜble Laod U". It will take appropr;ate action, to the extent reasonable, ;ne]od;ng the adopÜon of",n;ng law" to
lemict the ose "fland adjacent to m in the ;mmediate vie;nity of the aicpote to act;vit;es and pocpose, eompat;ble with
no""a] a;cpote opemt;o"" ;nclod;ng landing and takeoff of a;"mft, In addition, if the pmject iv for noise compal;bihty
progmm implementation. it will nnt eoose 0' pe""it any ehonge in land ose. w;,h;n ;Is j"ivd;ction, that will redoee its
eompat;bil;,y, w;,h lespect to the aicpote, of the noise eompaÜbil;,y pmgmm m,"",", "pon which Federal fonds have been
expcoded.
22.
Eeonom]c Nondi",im;n.';on,
a, It w(]] make the airpote ava;lable as on .;rpote for poblie ose on leasonab]e te""s and withoot onjo"
dise,iminaÜon to all typ". kinds and class" ofaeronaoÜea] activ;,iev, incloding eomme"ia] aer",,"ot;eal
act;viti" olTering se~ic" to the pobhe at the ai'pote.
In any agreement. eontmct. lcase, or other armngement onder wh;eh a right or p,;vilege at the aicpote "gronted
to any pmon. fi"", oreocporatioo to conduct o'toengage in anyaeronam;c,' activ;ty for furn;shing sorv;ccs to
the public at the a;cpote, the spo",or will ;nsote and enforce prov;,io", reqo;r(ng the contractor to-
(]) fomi,h "id ,erviees on a re"onab]e. and not unju"'y d;",;m;natoty. bases to all uso" thereof. and
(2) ebarge ,,",onable. ond oot uoju"]y disorim;natoty, p,;ecs for each un;' or s",(oe, ptOvided that the
oootm"", may be allowed to make teavonable and oond;v"iminatoty d;sooools. rebates. °' other ,imilar Iypes
of price reductio", to volume porehase",
Each fixed-basod opernto' at the ai'pote ,hall be subject to the "me rnICS, fees, "nta]" and other ehatges" arc
uoifonnly applicable to all other fixed-basod opernto" making Ihe "me or similat eves of ,"eh a;cpote and
ut;Ii,;og the vamc or ,;m;]ar fadliti",
Each air caIT;er eviog such aicpote ,hall ha" the ,ight to ,m;ee i"e]f or 10 0" aoy fixed-basod opernlO' that is
aulho,;zed or pennitted by the aicpote to sor" aoy air carrier at ,"eh aicporL
Each ai, carrier o<;ng such a;cpote (whcther" a tcoaot. nootenant, °' ,"blCnant of aooth" ai, eaITier 1C0a"t)
shall be subject to ,"eh ooodiserim;natory and sobstantially comparable rules, regolatio"" eondit;o",. rnles,
fe", rentals, aod other ehatges with respect to faeilit;es directly aod substaotially "Iated to provid;ng a;r
Ira",poteatioo as ate app];eable to all ,"eh a;, carrie" wh(oh make simil" use of ,ueh aicpote aod ut;];ze ,im;lar
fae;];,ies. subject to reaso"able cI",ifi,,¡(o", voeh " tenao" or noolCoants aod ,ignatoty earrim a"d
no",;goatoty earrim, C]a,,;fieat;on °' statu, " 1C0aot '" vigoatoty ,hall not be onteavooab]y withheld by ony
a;cpote pros;ded an air earr;er a,;omes ubligat;o", sobstant;ally sim;]ar to th",e ,]ready ;mposed 00 a;r caIT;e"
in ,ueh ""sifieat;"" or "ato"
It will not exere;so or gm"t any right or pr;s;lege which opernlCs to prevent any pmon. fi"", or eocpora¡(on
operat;ng a;rcmft on the aicpote from perfo""ing any services O" its own airernft with ;Is own employees
[;ne]ud;ng. bot oot limited to maiolCoaoee, "pa;r, and focliog] that it may eho",e to perf""",
]n the event the 'poosor itselfexcrci", aoy of the ,;ghtsand priv;leges referred to in thi,a"omnee, the ",,;ees
iovolved will be provided on Ihe ,ame conditions a.s woold apply to the fum;sh;ng of such serv;e" by,
commerdal aeronootieal sorviee prosidm authori"d by the sponsor under these pros;vio",.
The 'ponsor may "tabli,h ,ath teasooob]e, and not oojostly d;soriminatoty. conditions to be mct by all osers of
theaicpote as may be nee""ty for the "fe and eme(ont operat;on of the aicpon,
The 'po",or may proh;b;t or limit aoy give" type, kind or class ofaem",utiea] uso of the a;cport ifsueh a"ion;s
"ecessaty for the ,.fe operntion ofthea;rpote ",oee""ty to som the e;vil aviation need, of the poblie,
b,
d,
g,
h,
23,
Ex"es;" Rights, It w;II perm;' 00 exc]u,ive right for the uso of the a;cport by any pmon prosidiog. or ;ntend;ng to
provide, aemnaoti,,1 sorv;ees 10 the poblie, Forpocpo"s of this pamgraph, the ptOs;diogofthe ",,(oes at ao aicpote by a
,ingle fixed-basod operato' shall "ot be eoosttOed" an exe]us;ve r;ght if both of the followmg apply;
a, It woold be ome"onably costly, bordensome. or impmctieal for more thao ooe fixed-basod operator t" pmvide
,"eh sorviees, and
20 of 26
Ifa!lowlng mo" than one fixed-basod opomtm to pm,ldo 'uoh smlcos would "quI" tho "ductlon of spa"
Ie"od pu"uant to an exl"lng ag"om"" bctw"n ""h 'Ingle fixed-basod opomtm and such al'Port,
" furthe,ag"" that It w;!I not, eltho, dl""ly m Ind;",tly, gmnt m pOrtnlt any p",on, finn. m co'P°mllon, the exdus;ve
dghtm tho al'Port 1o conduct any oomooutloal "lle;II", Indudlng. but not hmÒled loohart" O;gh,", pilottmlolng. al"mft
"ntal and sIghtseeIng, nodal photugmphy, emp d"tòng, ",Ial advertls;ng and '""'y;ng, aI, 0",1" opemtòons. ai"mfi
"Ios and sc.-vkos, "Ie of "Iatlon portoloum pmdocls whcth" m not condoc"d ;n conjunctIon wIth oth" oomoo",kal
actleÒly. "pal, and ma;ntonan" ofa;"mft. "Ie ofal"mft parts. and any oth" actle;tò" whIch b"auso of tho;, dl"ct
,clm;o"h;p to tho opemtlon ofal"mft can be "garoed" an
oomnaotòcal actlelty, and thm II wIll "nnlna" any exclusIve dgbt to conduct an "mnautlcal "11,lty now exlSt;ng at such
'" a;,port bcfo" the gmnt ofany asslstan" undue Tòtle 49, UnÒled Sta"s Code,
h,
24.
Fee aod Rental St..otuce. "w;!I malotaio a f" and "ntal Stmctu" fo, tho faellltò" and sccvleos at tho al'Port whIch wIll
make tho al'P°rt " sdf-suStalnlng" possIble undue tbo ei"",mtan,,s exIStIng at tbo partloul" a;'Port, tak;ng Into mount
mb fa"o" " tbe eulume ofrtame and "onomy of coli oct Ion. No part oflbe Fodoml sba" of an al'Port dceclopmont.
al'Port pbnnlng °' nolso eompm;blilty pm;ect fm wbkb a gmot ;s made undue TÒlIe 49, UnIted Sta"s Codo, the AI'Port
and A;neay Impmeoment Act of 1982, tbo Fedcm! AI'Port Act m tbo A;'Port and Alneay Development Act of 1970 shall
be Included In the mte b"ls Inestabhshlng fe", ,ates, and ehacg" fo,u"" oftbát al,port.
25.
AI,p." RHen.".
a, All "veou" genomted by tho ai'Port and any local tax" u" "Iatòo<' fucl estabhshod aft" O"eotbe, 30, 1987,
wIll bo expended by It fo,tbe capItol o,opemtòngcosts of the al'Port: the local al'Port system: "'otbe' local
f"illtles whkb aco owood °' up"ated by the own" m opomto, uftho al'Port and whlob are dowly and
substantIally ,cla"d to tho "Iual aI, tmnsportmlon ofpassong'" °' pmperty: 0' fo, no;so mItIgatIon pu'P°sos
on moffthe a;'Port. Pmeldod, bowee", that Ifeo"nanls m assumn"s;n debt obligatIons issued bofo"
Soptemb" J, 1982. by tho owncco, opermu, ufthoa;'Port, mpmelslons enactod befo" Sep"mb" J. 1982,10
gocemlng statutes eootmll;og the owo" °' upemto,'s fioaoelng. pmelde foetbe use of tho "ceou" from '"y of
Ibo al'Port own" m ope"'u,', fooll;tò", ;odudlog tbo al",ort, to ,upport oot only tbe al'Port but also the a;,port
owo" or opemto,'s gooomi debt obllgatlun, or oth" foollltlos, tben tbls IImltatloo on the uso ofall "voouos
gen"ated by the al'Port (,"d.;n Ibee",o ufa public al'Port.lo,,1 lam 00 au;atlun fuel) ,hall 001 apply,
A, part oflbe,"oual audit "qul"d und" tho S;ogle Audit Act of 1984, the spoosor will di,OOI tbattbeaud;t
wIll "v;ew. aod tbe revultlngaudlt "port will pmelde ,"oplnlo" eoncom;ng, tho usoofa;'P°rt "ccouo and
tax" In pamgmph (a). oed lodleatlng wb"b" funds paId or tm"fwod totbe OW"" °' opemto,ace patd °'
tmnsfwod 10 a mano" eoosl,loot wltb T;tle 49, Uo;tod States Codo aod aoy otb" apph"ble pmvlsloo of law.
IncludIng any "gulatlon pmmulgalod by tbo Smctacy or Adm;olslmlUL
Any elell ponalt;" or oth" saoctloos wIll be Imposed for elolatloo oftbi, a",umoec;o accordance w;th the
pmvlslons ofSectloo 47107 ofTltle 49, U,,;tod States Codo,
b.
26.
Repo", and I"pection" It wIll:
a, vubmlt to the Sco,ctacy such ,"oual or specIal fi"ano;al aod opemtloos "portv as tbo Smctacy may ,,",ooably
"quest aod make such "ports acallablo to tbe publ;e: make acallablo to the publ;e at ,,",ooable tlm" aod
pla"sa "port uftbo al'Port budgct;n a fonnat p"",lbed bYlhe Smctacy:
fm a;",ort devclopmeot pm;octs. makc tbe al'P°rt and all al'Port "eo,ds aod doeumoo" affect;ng tho al'Port.
locludlog deeds, lcasos, op"atlon and uso agre""oo,", "gulatloos oed olb" iostrumeotv, acallable fo'
I"pectloo by any duly autbo,l"d agent of the So"'tacy upon reasonable "qu"l:
fo' "olso eompatòblllty pmgmm pm;ecls, make 'ecord, aod doeumoots ,datlog to the pmject aod oontlooed
complIance wIth the tonns. e,,"dltloos, and a",umne" of Ibe gmm agreemoot Indudlng deeds, Ie"""
ag,come,,", "gulatlons, aod oth" lostrumoo". acallable for lospectl,," by 'my duly autho,l"d agom of the
S"'ctacy upon ""ooable "quos" aod
10 a fonnat aod t;me p"so,;bed by the Smctacy, pmvlde to the So"'lacy aod make auallable to tho pubhe
followIng eoob "fits fiscal yeaes, an aonual "port IISt;og In dctall:
(I) all amounts paId bytbo al",ort to aoy otb" unit "fgocemmontand the pu'P°ses fm wbleb each vueb
payment w"' made: oed
all serelcos aod property pme;dod by Ibe a;'P°rt to oth" un I," of govommeot aod tbe amo"," of
eompcosatloo "eclvod f", pmvl,;oo of eaeb soob serelec and pmperty,
b,
d,
(,,¡
27.
Use by Gove..mcnt AIrcraft. It wIll make ava;lable all ufthe fooihtò" of the al'Port decelopod w;th Fodoml fioaoclal
"siston" oed all thoso osable fu' la"d;ng and takooffofa;",aft tu the Uolted States for use by Gocemment al"mn;n
eommoo wIth oth" al"mft at all tòmos w;thout charge, excopt. If the use by Govommom al"mll Is substantòal. charge may
bo made for a reasooable ,baec. pmportlunal to such use, fo, tbo oust uf op"atlog aod malma;olog tbo foolllt;" used,
Unless oth"w;so dotenn;ood by tbe Swctacy, 0' othonelse ag,ecd to by the spooso, and tho us;ng agency, substantIal uso
uf ao al'Purt by Govemment a;"mft will bo ooos;d"od to ex;s! when ope"'luns of such al"mll atO ;0 ex,,", of those
wbleb, In tbe oplolon of the Se"'tacy, would uoduly ;nto,fcce w;th use oftbe laod;"g a"as by oth" autho,l"d a;remft, u,
du,lng any "leod" month that-
a, F;vo (5) o'mo" Govomment a;"mft a" regulady based at Iho a;'P°rt °"'0 land adjacont th"cto: or
b, The totol oumb" of movomen," (euuntlog eaoh laodlog as a movement) ofGovommoot alremft I, 300 or mo".
°' tbe g'"'s aceum"latlvo welgbt ofGovemmeot al"mft oslog tbe al'port (the total movomem of Guccmmeot
alremft multlpl;ed by gross we;gb," of sueb a;"mft) Is 10 exco", office m;lIlon pounds,
28.
Land rm Federal FaciJlti". It will fumlsb w;tbuut cost to tho Fodeml Govomment for "SO ;0 ooonOOlluo wIth aoy aI,
Imme control °' ai, oau;gat;on act;eltl". or weatb".report;ng oed oomm""leatioo act;eltòos "Iatod to aI, Imffic euntml,
anyaee", of land u, wate" o,osta" thereln,or,lghts;" bulldlogs oflbespoo"" astbe S"retacyeo"ld", o"e>sacy 0'
21 of 26
desimble fm eoo"n"lioo. opeeatioo, aod maiote...o" at Fedeea] oxpeo," of spa" 01 foci]ili" fm ,"eh polpO,"V, Soeh
Ole", 01 aoy portioo Ihe"ofwill be made mailable as plOvided heecio withio fo" moolhv of tel ""ipt ofa wlittco "qo"t
fmm the Swetal)',
29.
Ai,po" Layoot Plao.
a, It wi]] keep op 10 date atoll tim"ao ai'port ]oyoot p]oo oftheailports]mwiog(]) booodOlies oflhe ailportood
a]] plOposed addilioos thee"o. togethee with the booodOli" of all "ffsite Oleos owoed '" eo""olled by the
spoosm fol ailport pOlposes aod pmposed addilioos Iheeeto; (2) the ]oeatioo aod OatOIC of all "i"iog o"d
plOposed ailport foci]ities ood "ruCtOICS (soeh os ruowoys, ta,iways. apmos. tennioa] boi]diogs, hoog'" ood
lOads), i"dodiog all plOpo,"d oxleosioos aod ICdo"io", of"i"iog ailport facilities; aod (3) the ]oeatioo of all
"i"iog aod pmposed ooomiatioo alCm aod of all exi"iog impmvemeats thelCoo, Soeh ailport ]ayoot p]aos ood
each ameodme"t, ,evisioo, m modifieatioo thelCof. shall be sobjeet to the applO"] of the Swetal)' which
applO"] sholl beevideoeed by the sigoatolC ofado]y aolhOli"d ICplCseOtatiVC oflhe Swetal)' 00 the face of
the ailport ]ayool p]ao, The spoosolwi]] oot make 01 pennit aoyehm!ges Dlaltemtioos io the ailportolaoyof
its foci]ities which aco oot io eoofonnity with the ailport ]ayool p]oo os °PPlOved by the SwetOl)' aod which
mighl. io Ihe opioioo of the Swetal)', admve]y affect the saf"y, oti]ity m effieieoey of the oilport,
]faehaogeolalteeatioo io the ailport 01 the foci]ities is made which Ihe Swetal)' d"ennio" advclse]y affeets
Ihe safety, oti]ity, 01 effieie",y of ooy fedemlly owocd, leased. 01 fooded plOperty 00 01 off the ailport aod
which iv oot io eoofonnity with the ailport ]ayool plao os applOved by the Sw"al)', Ihe owoee" opecatm will,
ifcoqoested. by the Swetal)' (I) climioate ,"ehadvClSeeffcCt io a maooeeapplOved by the Seeeetal)'; 01(2)
beal all costs ofco]oeatiog soch pmpetty (01 ICp]ocemeol IhecooD 10 a site a"eptable 10 Ihe SeCletal)' aod all
costs oflCstmiog soeh plOpetty (ollCp]ocemeot theeeoD to the 1m] ofsaf"y, oIility,effieie",y, ood cost of
opemtioo "istiog boCme Ihe ooapplOved ehooge io the ailport 01 its foci]ities.
b,
30,
C;vil Rights. It will comply with soeh lO]es as Ole plOmo]gated to assolC thaI 0" pel,SOO shall, 00 Ihe gmoods of 10".
med, eo]ol. oatio...] oligio, vox, age, 01 haodi"p be exdoded flOm partieipaliog io aoy activity eoodocted with '"
bcoefiliog flOm foods lC"ived fmm Ihiv gmot This os,"mo" obligates the spoosm fol Ihe peeiod d"iog which Fedem]
fioaoeial assi"ooce is exteoded to the pmgmm, "cept whm Fedem] fioaocia] assistoo" is to pmvide. 01 iv io the fonn of
pmoool plOpertym coal pmperty 01 iotecost Iheeeio OlstruCtocos olimplOvemeols thCleoo io which case IheossolOo"
ob]igates the vpoosololaoy IlOnsfelCe folthe loog"oflhe followingp"iods; (a) Ihe pc,iodduliog which the plOperty i,
used fol a polpose fol which Fedela] fioaneio' o"istance is exlended, 01 foc ooothCl polpose i"o]viog the plOvisioo of
simila¡ mvice, 01 be"efits, 01 (b) the pedod d"iog which Ihe spon,"1 letai"s owomhip m possessioo of the plOperty.
31,
DispO<aI of Laod,
a, Fo, laod p"ehased uodCl a glao! folailport noise compatibility pOlposes, il will dispose of the laod, when Ihe
]a"d is 00 ]ongCl oeeded fol such pUlposes, at fai, malket va]oe. at the eadiest plaCticable time, That portioo of
Ihe pmecedv ofsoeh disposilioo which is plOportionate 10 Ihe Uoited States' shalCofacqoi,itioo of such laod
will, at the disClction oflhe SeClCtOl)', ]) be paid to Ihe SeCletalY foldeposit io Ihe TlOst Food, oc2) be
,eiovcsted io ao applOved ooise e"mpatibi]ity plOject a, plC,"libed by the SeCletal)',
(]) Fo']aod polCha<ed undCla gmol ""oilportdevelopment pulp",cs (othClthan noise eompotibility), it will.
wheo the laod i, no ]o"gCl oceded fo, ailport pOlposes, dispose of soeh bod ot fuil malket value m moke
ovai]ab]e to the SeCletal)' "0 amounl equal 10 the Uoiled States' pmportiooateshalC of the failmalket value of
Ihe bnd, That portionoflhe pmeceds of such disp"ili"o which is plOportiooate to Ihe United States' shalCof
the cost of acquisition of such land will, (u) opoo opp]ieation to the SWetOlY, be lCiovested io anolhel eligible
ailport implOvemenl plOject 01 plOjects applOved by the SeClctal)' at that ailpOrt m withio the natiooa] ailpon
syslem, 01 (b) be paid to the Swc\al)' foldeposit in Ihe TlOst Food ifooe]igible plOject exists,
(2) Laod shall hecoosidCled 10 be needed folailport pOlposes ondCllhiv as;sula"ce if(a) il muybe oceded foe
acmnaotica] pulpOses (ioclodiog IOnway plOteetion wncs) 01 sClve os noise boffClland, and (b) Ihe ICveooe
flOm inlelim oses of such ]ood eont,ibule' to the finaoeia] se]f-,uffieieoey of the ailport. ForthCl, la"d pOlehased
with aglaol ICceived by an ailport openttol 01 own"befolC DeeembCl3], ]987. will be eocsidCled to be
oceded foe ailport POlPOse, if the Swetal)' 0' FedClal agency making soeh gmol hefolC DceembCl 3]. ]987.
was omified by the Opelatolol owoClofthe oses ofvoeh lo"d,did oot object to soeh use,aod the ]aod eontinoes
10 be used fol that pUlpOse. soch ose huviog eommelleed 00 latCllh"1I DecembCl ] 5, ]989,
Divp",itioo of such land ood" (0) 01 (b) will be suhjeet to the letelllion 01 IcsClvatioo of aoy iotClest m light
thelein oee""I)' to eosolC that vaeh laod will only be used fol pUlpO"S which alC compatible with lIoise levels
"ssoci,ted with opelalioo of the ailport,
b,
32.
Eng;o"'iog aod Desigo S",ices, It will awald each eoll!lact. m sob-eonllact fol plOglam maoagement, eoo;\lOctioo
managemeot, p]alllliog stodies, fcosibility studies, alChitectulal selviees. pcelimioal)' ellgillwiog, desigo, eogilleClillg.
solVeying. m'pping 01 celated smiee; with lespcet to the pmject io the same mannCl ov ° eontlact fm acehileetolal aod
eogineCling 'Clvicev is oegotiated oodCl Title]X of the Fede,,1 PlOpetty ood Admioist"live SClviees Aet of ]949 01 ao
eqoivaleol qoo]ifieatioos-bused ICquicement plCsClibed ful 01 by the spon,"1 of Ihe ailport,
33.
Fo,,;go Macket Resllictin"" It will not allow funds plOvided undCllhisglaotto be used 10 fond any pmject which uses
any plOdoct m selViee of a folCigo eoontl)' dOli"g the pCliod in which ,"eh foceign eoooll)' is ]isted by the United States
Tlade ReplCseota"ve us d"'yi"g failaod eqoitablemalkct opportonitics f,,'plOducts and sopp]iCIV of the Uoited Statev io
plOeolCmeot aod eonVlruc\ion,
34,
Policies, Standacds, aod Sp,cifieatioos, It will eaIT)' 001 Ihe pmject in accoldanee with policies, staodalds, aod
specifieatioov appmved by Ihe SeCletal)' iocloding bul nol limited to Ihe advis"I)' eiceu]als ]isled io Ihe Conellt FAA
22 of 26
Adv;,o')' Ci"ul", foe AlP pmjo"" dated 7/1/99 "d ;adudod;a tbi, g""t,""d ia ",oed"" with 'pplicobk ""e
polici". "aad"d" "d ,pocifio"io", appmvcd by tho S"c",')',
35,
RelacaHon and Real Pmpe"y Acqu;,h;on. (I) It will bo guided iu "quic;ag "al pmperty, to tho g"""1 "1001
p"oticabk uad" State law. by tbc I""d "qui,itioa polioi" ia Subpart 8 of 49 CFR Part 24 aud will pay oe ";mbuc,,
pmporty owa", foe a"","')' "poa",", 'p"ifiod m Subpart B. (2) It will pmvido a ,doo"ioa a"i"aaca pmg"m
oft"'iag the "",io" d""ibod m Subpart C ""d faic a"d c,",o",bk ,docatioa paymoOl'""d a"i"aaca to di'plmd
pmo",", "qui"d ia Subpart 0 aud E of49CFR Part 24, (3) It will makcavailablcwithia a c",o",blc p,,;od of time
pcioe to di'plmm"t, eompa"ble "pla"meOl dwdliag, to di'pl"cd po"o", ia acaoedaaca with Subpart E of 49 CFR
Part 24,
36.
A"", By 'ntmhy Bu",. Tbo ai",art owa" oe opo"toe will p"mit. to Iho m.,imum "1001 p""icablo, iat"city bu",
oe otb" mod" ofo,o,portatioa to havc """ to thc ai",ort, bow"". ith" ao oblig"ioa to fuad 'p"ial f"iliti" foe
iOlo"ity bu", oe foe oth" mod" oft,,",portat;oa,
37.
Di"dvoo'aged Bu,;n", En'"p""', The "eipicOl ,hall aOl di",imioalo oa tho b"i, of "CO, coloe, a"iaaal ",igia u,
'" ia thc aw"d aad p"fom,"aca of""y OOT'a"i"cd coOl"" oc ia thc admiai""tioa ofi" 08E pmg"m", Iho
"qui"mco" of 49 CFR Part 26, Tho R"ip;"" ,hall take all "ca"a')' aad c",oaablo "op' uad" 49 CFR Part 26 to
co,u" aoa di",imiaatioa ia the aw"d aad admiai""tioa ofOOT-",i"cd coOl""', The "oipicot', 08E pmg"m, "
"qui"d by 49 CFR Part 26, aad", appmvod by DOT. i, iaco",omlod by "fo"aca ia thi, agccamcat. Implomcotatioa of
tho, pmg"m i, a legal oblig"ioa aad failu" ta canyout i" Ionn"hall be ocalod " a violatiua ofth;, ag,camoat. Upoa
aotificatioa to the ""pieOl ofi" failu" to cony out i" appmvod pmg"m. the Oep'rtmoat m,y imp"o ,"a"io", "
pmvidod fo,"ad" P,rt 26""d m,y, ia appmp,i"""",, "fo"ho m,"" focoafu"omeOl uad" 18 U,S,c. 1001 aad/o"be
Pmg"m F"ud Civil Remedi" A" of 1986 (31 U,S,C.3801),
15015100-14C
15015200-30A, CHG I & 2
150/5200-33
150/5210-58
15015210-78
15015210-13A
150/5210-14A
150/5210-15
150/5210-1S
150/5210-19
15015220-48
15015220-108
150/5220-138
150/5220-168
15015220-17A
150/5220-18
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
The followiag apply to both AlP ,ad PFC Pm]",'
NUM8ER TITLE
7aI7460.1J Ob"m"ioaM"ki"gaadLightiag
I 50/5aaa-1 3 Aooouaccmcot of Avail,bilitynRTCA loe.. Documeot RTCA-22I. Guidance""d
Rcwmmwded Requiccmoot' foe Ai",on Sotfaco Movemcot Sca,""
Acchitc"uml, Eagi"c"ag, aod Plam,iag Coa'"",nt Smiec, foc Ai",ort Gmot Pmjee"
Ai",órt Wiot" Safety ,nd Ope"tio",
Hancdou, Wildlifc A"neta"" Oa oeNe" Aicport,
Paiatiag, Mackiag""d Lighti"g ofVchicle> U,cd O" aa Ai",ort
Ai""fi Fi" a"d Reseuc Commuaicatioo,
Walec R"cuc PI'"'. F";liti,,, aad Equipmeot
Ai"",rt Ficc aod R"cue Pmoooci Pmtc"ive Clothing
Ai",ort Rc"uc & Fi"figbtiag Statioa 8uildiag D"iga
Sy"em, foe lalemcti" T"iaiag of Ai",ort Pmoooci
Omd, Eah""ccd %<oa Sy"em (DEVS)
W,"c Supply Sy"Ctn, foc Ai"mft Fi,,""d Re>Oüo Pmteetioa
Guidc Specifieatioa foc W",c/Foam Typo Ai"mft Rescue aad Fi"fightiog Vohid"
Ruaway Sotf,cc Coadition Sco'"c Spccification Guidc
AulOmated We"h" Obsccviag Sy"cm, foe NooFedeml Applic"ioo,
O"ig" Staad"d, fuc Ai""ft R"cuc Fi"fightiag Tmi"iog F"ihti"
8uildiag' foc Sto"gc aad Ma;oteaaace of Ai",ort Saow aad lee Co",ml Equ;pmont ""d
Mat"i,l,
Guide Specifie"ioa foe Small, Dual-Agool Ai'"aft R"cuc ""d Fi"fightiog Vebicl"
Ai",m1 Snow ""d Icc Coateol Equipmcot
Guide Spcc;ficotioo foc Lift, Used to 80"d Aidi", P",scagm With Mobility Impainne,,"
Aicport O"iga
O"iga of Ai"mfi Oeieiag F"iliti"
U" ofValuc Eagi"",ing foc Eagiawing D"ig" of Ai",ort Gnmt Pmjc",
At",ort Omiaagc
Ai",ort Pmmeot O"iga ""d Evaluatioa
Mea,""mc"" Coa","uetion, aad Maio"",,,cc of Skid R"i,ta", Ai",ort Pmmc", Sotf""
Aicport L""dscoping foc Noisc Coateol Pu",o",
Ai",ort Pavcmo", D"iga foc tho 80ciag 777 Ai",l""o
Ruaw,y Lcagth Rcqui"mo"" foe Ai",ort D"iga
Staad"d, foe Ai",ort M"kiag'
laStaliatioa Oet,iI, foc Ruaway Ccalo,lioe Touchdowa Zooo L;ghtiag Sy"em,
Segmcoted Ci,,1e Ai",ort M"k" SyStctn
Ecoaomy Appm"h Lightiag Aid,
Staadby Pow" foe Noa-F AA Ai",ort Lightiag SyStctm
Staad"d, foc Ai",ort Sigo SyStem'
Taxiway Ccote,lioe Lightiag Sy",m
Ai",ort Miscolla",ou, L;ghtiog Vi'u,1 Aid,
Supplemcotal Wi ad Coa"
Updated on, 7/1199
150/522a-19
150/522a-2a,CHG I
I 5aI5220.21 A
15aI5300.13.C1IGI.2,3.4,5
150/5300.14
15a/5300-15
150/5320.5"
l5a15320-6D
15015320-I2C
150/5320-14
15a/5320-16
l5a/5325-4A. CHG I
150/534a-IG
15015340-4C,CHG I &2
150/5340-58. CHG I
150/5340-148.CIIGI&2
15015340-178
15015340.18C,CHG I
15015340.19
15015340-21
150/5340-238
23 of 26
150/5340~24, CHG I
150/5340~27 A
150/5345.30
150/5345.5A
150/5345~70,ClIGI
150/5345~IOE
150/5345~12C
150/5345~13A
150/5345~26B. CllG I & 2
150/5345~27C
150/5345~280,CHGI
150/5345~39B. CHG I
150/5345~42C, CHG I
150/5345~43E
150/5345~44F. CHG I
150/5345~45A
150/5345~46A
150/5345.47A
I 511/5345.49A
150/5345~511.CllGI
150/5345~51,CllGI
150/5345~52
150/5345~53A, Onduding ,ddendum)
150/5360~9
150/5360.12A
150/5360~13.CllG I
150/5370~2C
150/5370.68
150/53711~IOACHGI,2,3,4.5.6,7,8.9
150/5370~II.CllG I
150/5370~12
150/5390~2A
150/5390~3
Runway oed Toxiway Edgc Lighting Sy"'"'
Ait.to.Gcaund R,dio Cont",1 of Ai,!,ort Lighting Sy"em,
Sp"ific"ion fm L821 Panel, fm Remote Contml of Ai,!,ort Lighting
Ciccuit Selectm Switch
Sp"ifieation fot L824 Und"gmund Elewi,,1 Cable fo! Ai'!'ort Lighting Ciccui"
Sp"ifieation fm Con"an! Cuttent Regula",," Regul"m Monito,"
Sp"ifie"ion fot Ai,!,ort and Hdiport B"eon
Sp"ifie"ion fo! LS41 Au,iliacy Rday Cabin" A"embly fot Pilot CoOlml of Ai,!,ort
Lighting Ciccuit>
Sp"ifieation fm LR23 Plug and Roœptack. Cable Conne"o,"
Sp"ifie"ion fm Wind C<mc A"embli"
Pccci,ion Appmaeh Path Indie"ot (PAPI) Sy"em,
FAA Sp"ifieation L853, Ru"way and Toxiway CeOlcdi" Reltoccne"ive MOtk",
Specific"ion fot Ai,!,ort Ligbt Box", Ttan,fonn" lIou,ing', Ju""ion Bom and
Ac""on"
Sp"ification fm Ob,ltu"ion Lighting Equ,pment
Specification fot Toxiway and Runway Sign,
Lightweight Appmacb Light St","ucc
Sp"ifieation fm Runway and Toxiway L'ght Fid"",
I,ol"ion Ttan,fonnm fot Ai,!,ort Lighting SY"""'
Sp"ifie"ion L854. Radio Contcal Equipment
Sp"ification fot Ponable Runw,y Light>
Sp"ification fot Oi"batgc-Type Floxh" Equ,pmeOl
Gen"i, Vimal Glid"lope Indicato," (GYGI)
Ai,!,ort Lighting Equipment Certifieatiun Pmgtam
Planning and O"ign of Aitport T"mioal Fociliti" at NonHub Lneatio",
Ai,!,ort Signing & Gtaphi"
Plmming aod O"ign Guidance fm Ai,!,ort Tenninal Fociliti"
Opetational Safety on Ai,!,ort, Outing Con""",io"
Con;tru"ion Pmgcc" a"d I"'p"tion Report~Ai,!,ort Gtant Pmgtam
Stondacd, fot Sp"ifying Con;!ru"ion of Ai,!,ort,
U" of Nonde;tru"ive Te;!ing Oevi", in the Evaluation or Ai'!'ort Pavement>
Quality Contml ofCon"","ion fot Ai,!,ort Gtant Ptojo'"
lIdip"rt Oe,ign
Vert'port O"ign
24 of 26
ATTACHMENT D
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
A. The grantcc certifies that it will or will continue to providc a drug-free workplacc by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controllcd substance is prohibited in the grantee's workplace and spccifying the actions
that will bc taken against cmployees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inronn 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 cmployees for drug abusc violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the perfonnance of the grant be given a copy of
the statemcnt required by paragraph (a);
(d) NotifYing the employee in the statemcnt required by paragraph (a) that, as a condition of employmcnt under
the grant, the employce will-
(I) Abide by the tenns 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 thc workplace no later than five calendar days after such conviction;
(c) Notifying the agency in writing, within tcn calendar days after rcceiving notice undcr 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 thc Fcdera1 agency has designated a central point for the rcceipt of such
notices. Notices shall include the identification numbcr(s) of each affccted grant;
(I) Taking one ofthc following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is sn convicted-
(1) Taking appropriate personnel action against such an employee, up to and including tcnnination, consistent
with the requirements ofthc Rchabilitation Act of 1973, as amended; or
(2) Requiring such employec to participate satisfactorily in a drug abusc 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 (I),
B. Thc grantee may inscrt in the spacc provided bclow the site(s) for the perfonnance of work done in connection
with the specific grant: '
Place ofperfonnance (Street addrcss, city, county, state, zip code)
5000 Airport Road
Denton, Denton County, Texas 76207
Signed:
Dated:
g/3ò/O5
Check
Reso1lrcps
25 of 26
ATTACHMENT E
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one Ihat delails the procedures to be
followed to assure that proper pavement maintenance, both prevenlative and repair, is performed, An
airport sponsor may use any form of inspection program it deems appropriate, The program must, as a
minimum, include the following:
I. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
a, location of all runways, taxiways, and aprons
b, dimensions
c. type of pavement
d. year of construction or mosl 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 depicled,
2. Inspection Schedule.
a,
Detailed Inspection. A detailed inspection must be performed at least once a year. If a
history of recorded pavement deterioration is available, i,e. Pavement Condition Index (PCI)
survey as set forth in Advisory Circular 150/5380-6, Guidelines and Procedures for
Maintenance of Airport Pavements, the frequency of inspections may be exlended to three
years,
b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per
month to detect unexpected changes in the pavement condition.
3. Record Keeping. Complete information on the findings of all detailed inspections and olher
mainlenance performed musl be recorded and kept on file for a minimum of five years, The Iypes of
distress, their locations, and remedial action, scheduled or performed, must be documented. The
minimum information to be recorded is listed below.
a. inspection date
b. local ion
c, distress types
d, mainlenance scheduled or performed
For drive-by inspeclions, the date of inspection and any mainlenance 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 10 Ihe FAA as may be required.
5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Mainlenance of
Airport Pavements, for specific guidelines and procedures for mainlaining airport pavemenls and
eslab1ishing an effective maintenance program. Specific types of dislress, their probable causes,
inspeclion guideline, and recommended methods of repair are presented,
26 of 26