2005-013
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Amendment No. 2 to the Agreement [original is attached] 12/03/09
S:\Our Documents\Ordinances\04~Airpor t-Grant-TxDot.doc
ORDNANCE NO. fiO0 --O/
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHOR/ZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO CERTAIN IMPROVEMENTS AT THE
DENTON MUNICIPAL AIRPORT; AUTHORIZING AND DIRECTING THE CITY
MANAGER OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID
AGREEMENT AND TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF
DENTON IN ORDER TO IMPLEMENT THE PROJECT; AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager of the City of Denton or his designee is hereby
authorized to execute on behalf of the City of Denton an Airport Project Participation
Agreement with the Texas Department of Transportation relating to certain
improvements at the Denton Municipal Airport, a copy of such contract being attached
hereto and made a part hereof for all purposes and referenced as TXDOT Contract No.
5XXAV041 (the "Agreement") and to expend funds as provided for in the Agreement..
SECTION 2. The City Manager or his designee is the City's authorized
representative who is directed to comply with any assurances, conditions, or agreements
required to be executed to receive the funds provided under the Agreement
SECTION3. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the¢5~/~{day of ~,~'~d.~,4.d.~, 200b~.
EUL1/(~ BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Page 2
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.:0518DNTON
TxDOT Project No.:AP DENTON7
TxDOT Contract No.: 5XXAV041
Part I - Identification of the Project
TO:
The City of Denton, Texas
FROM: The State of Texas, acting tkrough 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.
(Vemun and Vernon Supp).
The project is described as follows: reimbursement for approximately 32 acres for runway
extension and runway safety area; design services to extend Runway 17; extend parallel taxiway;
extend medium intensity runway lights; construct holding pad at north hold line; displace
threshold hghts Runway 35; upgrade/relocate precision approach path indicator -4 Runway 17;
upgrade/relocate MLSR; relocate glide slope antenna; earthwork for north and south runway
safety areas; close Tom Cole Road and Masch Branch Road; install declared distance signs,
fencing, and seeding; and install erosion/sedimentation controls at the Denton Municipal Airport
as approved by the Texas Transportation Commission on November 18, 2004.
The Sponsor applies for federal non-primary entitlement 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
Page 1 of 27
accomplishment of the project and compliance with the assurances and conditions provided,
TIlE TEXAS DEPARTMENT OF TRANSPORTATION~ FOR AND ON BEHALF OF
TIlE UNITED STATES, FEDERAL AVIATION ADMINISTRATION (IIEREINAFTER
REFERRED TO AS THE "FAA"), OFFERS AND AGREES to pay, as the United States
share of the allowable costs incurred in accomplishing the project, ninety percentum of all
allowable project costs. This grant is made on and subject to the following terms and conditions:
Part II - Offer of Financial Assistance
The allowable costs of the project shall not include any costs determined by the State to
be ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp).
It is estimated that design/engineering project costs will be approximately $905,000
(Amount A). It is further estimated that approximately $905,000 (Amount B) of the
project costs will be eligible for federal financial assistance, and that federal financial
assistance will be for ninety percent (90%) of the eligible project costs. Final
determination of federal eligibility of total project costs will be determined by the State in
accordance with federal guidelines following completion of project.
The estimated project cost for the construction phase of this project is $3,765,000
(Amount C). The construction phase will be started upon completion of design,
dependent upon availability of federal funds, and approval of the Texas Transportation
Commission. A separate grant will be issued for the construction phase.
In the event that federal funds are unavailable, this Agreement shall automatically be
voided and become of no force and effect, except that unexpended or unencumbered
moneys actually deposited by the Sponsor and held with the State for project purposes
shall be returned to the Sponsor.
The maximum obligation of the United States payable under this offer shall be $814,500
(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.
It is estimated that the Sponsor's share of the total project costs will be $90,500 (Amount
E). The Sponsor specifically agrees that it shall pay any project costs, which exceed the
sum of the federal share (Amount D).
Page 2 of 27
It is further agn'eed 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.
During design, if the estimated eligible construction project costs exceed Amount C,
above, the Sponsor may request the State to void this Agreement. The State shall agree to
void this Agreement upon the satisfaction of the following conditions:
the Sponsor's request to the State to void the Agreement shall be in writing and
dated; and
if required by the State, the Sponsor shall reimburse the State for funds expended
on this project and Sponsor shall assume the responsibility for any future expenses
for contracted services or materials related to the project for which a contract had
been executed prior to tbe Sponsor's request to void the Agreement. Sponsor
funds held by the State may be retained until tltis requirement is satisfied; and
failure on the part of the Sponsor to comply with the conditions of this paragraph
shall constitute a breach of this Agreement.
Upon satisfaction of the conditions specified in Paragraph 1I-5 above, the State shall
declare this Agreement null and void, and this Agreement shall have no force and effect,
except that unexpended or unencumbered moneys actually deposited by the Sponsor and
held with the State for project purposes shall be returned to the Sponsor within a
reasonable time.
If there is an overrun in the ehgible project costs, the State may increase the grant to
cover the mount of overrun not to exceed the statutory twenty-five (25%) percent
limitation, and will advise the Sponsor by amendment of the increase. Upon receipt of
the aforementioned amendment, the maximum obligation of the United States is adjusted
to the amount specified and the Sponsor will remit their share of the increased grant
amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the
dollar amounts identified in this Agreement and any amendments, without the consent of
the Sponsor.
Payment of the United States share of the allowable project costs will be made in
accordance with the provisions of such regulations and procedures as the State and the
FAA, shall prescribe. Final detenu'mation 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.
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 credited with both cash payments made
Page 3 of 27
10.
under this paragraph and the value of any approved in-kind contributions, and reimbursed
for may credited amounts that exceed Sponsor's share. Following the execution of this
Agreement, the Sponsor's shall submit the in-kind contribution documentation to the
State.
The value of all in-kind contributions made to the project of engineering design, small
miscellaneous costs and other expenses approved by the State and claimed by the Sponsor
as project costs for the purposes of determining the Sponsor's share of total project costs
(Amount E), shall be determined according to federal and state roles, regulations, orders,
procedures, advisory circulars or any other directives.
Sponsor, by executing this Agreement certifies, and upon request, shall fumish proof to
the State that it has sufficient funds to meet its share of the costs. The Sponsor grants to
the State and federal government the right, upon advance written request during
reasonable and regular business hours, to audit any books and records of the Sponsor to
verify said funds. In addition, the Sponsor shall disclose the source of all funds for the
project and its ability to finance and operate the project.
Following the execution of this Agreement and upon written demand by the State, the
Sponsor's financial obligation (Amount E) shall be due and payable to the State. State
may request the Sponsor's fmancial 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 trader Paragraph V-7. Likewise, should the State be
unwilling or unable to pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and remedies it has at law or
equity.
Expenditures for eligible project costs for the above project made by the State or the
Sponsor prior to the award of a federal grant for the project, and prior to actual receipt of
the authority to expend federal grant ftmds, shall be made from Sponsor funds.
The State shall make all reasonable attempts to acquire federal funding for the completion
and construction of this project within~ two years of completion of design services. The
Sponsor agrees to complete and construct this project within two years of completion of
design services, subject to the availability of federal funds.
PART III - Sponsor Responsibilities
In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment A, Certification of Airport Fund, attached and
made a part of this Agreement; and
b. it will comply with the Attachment B, Airport Assurances (9/99)(State Modified
9/99), attached and made a part of this Agreement; and
Page 4 of 27
f.
it will, in the operation of the facility, comply with all applicable state and federal
laws, roles, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in counection with the federal grant; and
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 tlfis 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
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
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
it shall not penuit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the State/FAA; and
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
it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests;
and that airport property identified within the scope of this project and Attorney's
Certificate of Airport Property Interests shall be pledged to airport use and shall
not be removed from such use without prior written approval of the State; and
the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
all fees collected for the use of an airport or navigational facility constructed with
funds provided under the program shall be reasonable and nondiscriminatory.
The proceeds of such fees shall be used solely for the development, operation and
maintenance of tbe Sponsor's system of airport(s) or navigational facility(ites).
Sponsor shall not be required to pledge income received from the mineral estate to
Page 5 of 27
airport use unless state and/or federal funds were used to acquire the mineral
estate of airport lands or any interests; and
an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evideuce 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 ft~nd, 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. Ail 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, phor to such subsequent approval of
a grant or loan, Sponsor has complied with the requirements of this subparagraph;
and
the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use of land adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in Tex. Loc. Govt. Code Ann. §§ 241.001 et
seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation
easements or other property interests in or rights to use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
impractical or will result in undue hardship to Sponsor. Sponsor shall be
ineligible for a subsequent grant or loan by the State unless Sponsor has, prior to
such subsequent approval of a grant or loan, adopted and passed an airport hazard
zoning ordinance or order approved by the State; and
it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project; and
after reasonable notice, it will permit the State, the FAA, and any consultants and
contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated with
this project, to enter private property for purposes necessary to this project; and
all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the
Sponsor. A reproducible copy of such plan, and all subsequent modifications,
shall be filed with the State for approval; and
it shall take all steps, including iitigation if necessary, to recover funds spent
Page 6 of 27
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.
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
witlfin the time frame of the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project.
The Sponsor, to the extent of its legal attthority 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 iucurred by the State in litigation or otherwise resisting the cl~nn or
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees.
The Sponsor's acceptauce 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 maintenm~ce of the airport. Such Agreement shall become effective upon
execution of this instrument and shall remain in full force and effect for a period of at
least 20 years.
Sponsor agrees to provide a suitable location for pre-bid and for pre-construction
conferences, and for the submission and opening of construction bids.
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 hncluding any statutes, rules, regulations, assurances, procedures or any
other directives before, during and after the completion of this project.
The Sponsor shall have on file with the State a cuncent and approved Attorney's
Certificate of Airport Property Interests and Exhibit A property map.
Page 7 of 27
10.
11.
12.
The Sponsor shall have on file with the State, Attachment C, Certification Regarding
Drag-Free Workplace Requirements, attached and made part of this agreement.
Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grm~t. The sponsor will include in
every contract a provision implementing this special condition.
Except for instrument landing systems acquired with AIP funds and later donated to and
accepted by the FAA, the Sponsor must provide for the continuous operation and
maintenance of any navigational aid funded under the AIP during the useful life of the
equipment. The sponsor must check the facility, including instrument landing systems,
prior to commissioning to ensure it meets the operational standards. The Sponsor must
also remove, relocate, or lower each obstruction on the approach or provide for the
adequate lighting or marking of the obstruction if any aeronautical study conducted under
FAR Part 77 determines that to be acceptable; and mark and light the runway, as
appropriate. The Federal Aviation Administration will not take over the ownership,
operation, or maintenance of any sponsor-acqnired equipment, except for instrument
landing systems.
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 m~y pavement constmcted, reconstructed, or repaired with Federal
financial assistance at the airport. As a minimum, the program must conform to the
provisions in Attachment D "Pavement Maintenance Management Program", attached
and made part of this agreement.
The Sponsor may utilize paving specifications meeting State Highway criteria for
runways at non-primary airports with lengths up to 5,000 feet and serving aircraft not
exceeding 60,000 pounds gross take-off weight. The sponsor agrees not to request
additional AIP funds for reconstruction or rehabilitate of pavement construct utilizing
State specification for 10 years from pavement acceptance.
Part IV- Nomination of the Agent
The Sponsor designates the State as the party to apply for, receive and disburse all funds
used, or to be used, in payment of the costs of the project, or in reimbursement to either of
the parties for costs incurred.
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
statutes, rules, regulations, assurances, procedures or any other directives, except as
otherwise specifically provided.
Page 8 of 27
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
fiends granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation;
receive, review, approve and process Sponsor's reimbursement requests for
approved project costs; and
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;
when applicable; receive, review and approve reimbursement requests for
reasonable and elig/ble property acquisition costs incurred by the Sponsor,
provided the required documentation is supplied.
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;
coordinate and review project plans, specifications and construction; coordinate
and conduct progress and final inspections.
Page 9 of 27
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;
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 aud maintain record drawings.
PART V - Recitals
The State and the Sponsor shall obtain an audit as required by federal or state regulations.
The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered iuto 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.
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.
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.
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:
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;
Page 10 of 27
c. Notification that consideration will be given to terminating the grant after the
corrective action date.
10.
In the case of suspension or tennination, 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.
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.). Failnre 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.
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 £mds that Sponsor is unwilling and/or unable to comply with
any of the terms and conditions of this Agreement, the State may pursue any of
the following remedies: (1) require a refund of any money expended pursuant to
the Agreement, (2) deny Sponsor's furore 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.
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 tn'ne 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.
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.
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
Page 11 of 27
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall COlv_prise a Grant Agreement, as provided by
the Title 49 U.S.C., constituting the contractual obligations and rights of the United
States, thc State of Texas and the Sponsor with respect to the accomplishment of the
Project and compliance with thc 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.
Page 12 of 27
Part VI - Acceptance of the Sponsor
The City of Denton, Texas, does ratify and adopt all statements, representations,
warranties, covenants and agreements constituting the described project and incorporated
materials referred to in the Agreement, and does accept the Offer, and agrees to all of the terms
and conditions of the Agreement.
Executed this
ss Signhmre
Withes§ Title
,200A7.
The City of Denton, Texas
Spofisor Title
Certificate of Sponsor's Attorney
WitneJs Title /
I, ~ C.~ p.~. , acting as attorney for (_iJrq Oa(k ~)O-~'~/'h ,
Texas, do certify that I ][ave 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 ~../)gP'/~)/Q , Texas, this /~7~ day of ~--~/,dgT..4~ , 200~..
/
Witness Signature ature
Page 13 of 27
ATTACHMENT A
CERTIFICATION OF AIRPORT FUND
The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all
fees, charges, rents, mad 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 in, port 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, reta'med 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
(Sponsor)
Title: Assistant City Manager
Date: 0/-
Page 15 of 27
Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect
of activating and/or cayrying out the orders, established policies or work programs and grants
heretofore approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TTS D~NT OF TRANSPORTATION
Karon Wlsdemann, Director Omnl Management
Aviation Division
Texas Department o/Transportation
Date:
Page 14 of 27
ATTACHMENT B PARTV ASSURANCES
Airport Sponsors
A. General.
These assurances shall be complied with in the perfum~anee of grant agreements for airport development, airport planning,
and noise compatibility program grantz for airport sponsors.
These assurances are requirod to be submitted as part of the project Airpori Project Participation Agreement (hereinafter
refelTod to as "APPA") by sponsors requesting funds under the provisinns of Title 49, U.S.C., subtitle VII, as amended. As
used hereth, file term ~¥ublic 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 tile grant offer by the sponsor, these assurances are theorporatod in and become part of the grant
agreement.
B, Duration and ApplicabiliPy.
Airport development or Noise Co mpatibilit3, Program Projects Undertaken by a Public Agency Sponsor. The terms,
conditions and assurmmes of the grm~t agreement shall remain ill ful! force and effect throughout the useful life of the
thethfies developed or equipment acquired roi' an ai~or t development or noise compatibgi~y 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 tweuty (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 assurm~ces regarding Exclusive Rights and Airport Revenue so long as the airport is used as
an airport. Thm'e shall be no limit on the duration of the terms, conditions, and assurances with respect to real property
acquired with federal funds. Furthermore, the dm'align of the Civil Rights assurance shall be specified in the assurances.
Airport Development or Noise Comp atibility Projeets 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 fleve]opment or noise compagbility program project shall be no
less than ten (10) ~ars fi'om the date of acceptance of Federal aid for the project.
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, md 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant
agreement shag remain in lug force and effect during the life of the project
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
General Federal Requh'ements. It w~ll comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to tbe project, acceptance and use of Foderal funds for this project including but
not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amendod.
b. Davis~Bacon Act -40 U.S.C. 276(a), et seg)
c. Foder~l Fair Labor Standards Act - 29 U.S.C. 20l, et seq.
d. Hatcb Act - 5 U.S.C. 1501, et seq?
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601. et sec)
f. Natioual Historic Preservafiou Act of 1966 - Section I06- 16 U.S.C. 470(I3)
g. Areheological 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 seq.
i. Clean Air Act, P.L 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
Flood Disaster Protecfion Act of 1973 - Section 102(a)
I. Title 49 ,U.S.C., Section 303, (formerly known ~s Section 4(0)
m. Rehabflilation Act of 1973 - 29 U.S.C. 794.
n. Civ/l Rights Act of 1964- Tire VI - 42 U.S.C. 2000fl flarough d4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341, as amended.
q. Architectural BanSers Act of 1968 42 U.8.C. 4151, et seq)
r. Power plant and Indus*a'ial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq?
t Copeland Antikickbaek Act - 18 U.S.C. 874. t
u. Nagonal Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.t
v. Wild and Scenin Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq?
x. Drug-Free Wofltplace Act of 1988 - 41 U.S.C. 702 fnrough 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity ~
Execugve Order 11990 - Protection of We0ands
Executive Order 11998 -Flood Plain Management
Executive Order 12372 - In terguvemmental Re,hew of Federal Programs.
Executive Order 12699- Seismic Safety of Federal and Federally Assisted New Bu~thng Construction t
Executive Order 12898 - Environmental Justice
Page 16 of 27
a. Id 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 comparibtlity planning.
d. 29 CFR Part 1 - Procedures for prod eterminatlon of wage ratss.t
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by
loans or grm~ts from tbe United States.~
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted
construction (also labor atandm'ds provisions applicable to non-consn'uation contracts subject to the Contract
Work Hours and Safe~ Standards Act)?
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Oppor tonity, Depari:ment
of Labor
(Federal and federally assisted cont~'acringrepuirements).~
h. 49 CFR Pm-t 18 - Uniform administrative requkements for grants and cooperative agreements to state m~d local
guvemments.3
i. 49 CFR. Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiseriminarion in federally-assisted programs of the Department of Transportation -
effeetoation of Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
h 49 CFR Part 24 -Uniform relocation assistance and real property acquisition for Federal and federally assisted
programs? 2
m. 49 CFR Part 26- Par tialpatlon By Disadvantaged Business Enteq~rises in Department of Transportation
Programs.
n. 49 CFR Part 27 - Nondiscriminarion on the basis of handicap in programs and activities receiving or benefiting
from Federal
financial assistance,t
o. 49 CFR Part 29- Government wide debarment and suspension (non-procurement) and government wide
requirements for drug-free workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of guods 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.~
Office of Management and Budget Circulars
a. A-87 - Cost Principles Apphcabla to Grants and Contracts with State and Local Governments.
b. Ami 33 ~ Audits of States, Local Governments, and Non-Profit Organizations
(1) These laws do not apply to airport planning sponsors.
(2) These laws do not apply to private sponsors.
(3) 49 CFR Part 18 and OMB Circular A-g7 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.
Responslbility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed
project; that a resolution, morion or similar action has been duly adopted or passed as an official act of the
applicant's guveming body authorizing the fihng of the APPA, including all understandings and assurances
contained fl~erein, and directing and authorizing the person identified as the official represenlalive of the applicant
to act in connection with the APPA and to provide such additional information ~ may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and can~ out the proposed project
and comply with ag terms, conditions, and assurances of this grant agreement. It shag designate an official
representative and shall in writing direct and authorize that person to file this APPA, including all understandings
and assurances contained fl~erein; to act in connection with this APPA; and to provide such additional information
as may be required.
Sponsor l~u nd Availability. It has sufficient funds available for that porrion of the project costs which are not to be paid by
the United States. It as sufficient funds available to assure operation and maintenance of items funded under the grant
agreement witich it w/Il own or control.
Good Title.
a. It, a public agency or the Federal government, holds good rifle, satisfactory to the Secretary, to the landing area of
the airport or site thereof, or will give assurance satisfactory to the Secretary that good t/fie will be acquired.
b. For noise compatibility program projects to be carried out on the proper~ of the sponsor, it holds good lifie
satisfactory to the Secretary to that portion of the proper~ upon which Federal funds will be expounded or will give
assurance to the Secretary that good tige 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 ozsurances in the grant agreement without the written approval of
Page 17 of 27
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 Secretm~j.
it will not sell, lease, encumber, or otherwise trm~sfer or dispose of any part of its title or other interests in the
property shown on Exhthit A to fids APPA or, for a ucise 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 transferea 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 can'y out all such obligations, the sponsor shall insert in file contract or
document transferring or disposthg of the sponsor's interest, and make binding upon the transferee all of the
terms, conditions, and assurances contained in this grant agreement.
Fei' all noise compatibility program proj eels which are to be carried out by another unit of local government or are
on property owned by a milt 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 oppheab]e to it if it applied directly to the FAA for a grant
to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to
the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-
compliance with the terms of the agreement.
For noise eompatibildy program projects to be can'ied ~ut on privately owned property, it will enter into an
agreement with the ow~er of that property which includes provisions specified by the Secretary. It will take steps
to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms
of the agreement.
If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ~nsure that the airpor[ will
continue to function as a public-use alrport in accordance with these assurances for the duration of these
If an an'angement is made for management and operation of the albert by any agency or p~rson 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, tl~e regulations and the terms,
conditions and assurapces in the grant agreement and shall insure that such arrangement also requires compliance
therewith.
11.
12.
Consistency with Local Plans. The project is reasonably consistent with plans (existing at the hmo of submisalon of this
APPA) 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.
Consideration of Local Interest. It has given fair eonsideragon to the interest of communities in or near where the project
may be located.
Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States
Code, it h~ undertaken reasonable consultations with affected p~rties using the aider t at which project is proposed.
Pablle Hearings. In projects in~olving the location of an airport, an airport runway, or a major runway extension, it has
afforded fac opportunity for public hearings for the purpose of considering the economic, social, and envfronmental effects of
the airport or runway location and its consistency with goals and objectives of such planning as has been carded out by the
community and it shall, wi~en requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Ftlrther, for such projecte, 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 concemthg a proposed
project.
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 Ineated 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
ease where such standards have not been approved and where applicable air and water quality standards have been
promulgated by the Adminish'ator of the Envkonmental Protection Agency, certification shall be obtained from such
Administrator. Notice of certification or refusal to cerdfiJ shall he provided with/n sixty days aRer the project APPA has been
received by the Secretary.
Pavement Preventive Maintenance. With respect to a dr'eject approved after January 1, 1995, f~ the replacement or
reconstruction of pavement at the airport, it assures ~r 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
const~'ucted, reconstructed or repaired with Federal financial assistance at the airport, k will provide such reports on
pavement condition and pavement management programs as the Secretary deta~xnines may be useful.
Terminal Development Prerequisites. For projects whinh include terminal development at a public use airport, as defined
in Title 49, it has, on the date of submittal of the project grant request, all the safety equipment requited for cer tificatlon of
such alspor t 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 fi'om 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 pop,ion of the cost of the pro, oct supplied by other sources, and such other financial
Page 18 of 27
14.
15.
16.
17.
18.
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.
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 whkih 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 ~r
used, it shall file a certified copy of suet attdit with the Comptrotier General of the United States not later than six
(6) montbs following the close of the fiscal year for which the audit was made.
Minimum Wage Rates. It shall thelude, in all contracts in excess of $2,000 for work on any projects funded under the grant
agreement which involve labor, provisions estabgalting minimum rates of wages, to be predetermined by the Secretary of
Labor, in accordance with file 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.
Veteran's Preference. It shall include in all cont,'acta for work on any project funded under the grant agreement which
involve labor, such prov/sinns as are necessary to insure that, in the employment of labor (except in executive,
admiinstrafive, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as
defined in Section 47l 12 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.
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 cf 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.
Construction Inspection and Approval. It will provide and malntffm competent technical supervision at the construction
site throughout the project to assure that the wm'k conforms to the plans, specifications, and schedules approved by the
Secretmy for the project. It shall subject the construction work on any project contained in an approved project APPA to
inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures preset/bed 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.
PlanningProjects. In carryingoutplanningprojecta:
It will execute the project in accordance with the approved program narrative contained in the project APPA or
with the modifications similarly approved.
b. It will furnish the Secretary with such pefiodic reparts as required pertaining to the planning project and planning
work activities.
e. It will include in all published mataml 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 exanflnation by the pubtie, 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 fight to disapprove the sponsor's employment of specific consultants and their
suticontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of
professional services.
g. It will g~m~t file Secretary the fight to disapprove the use of the sponsor's employees to do all or any part of the
project.
b. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any
planning material developed ~s 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 request for a Federal airport grant.
Operation and Maintenance.
a. The aiepor t and all facilities which are necessary to serve the aeronautical users of the alrpori, other tban 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 ~s 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 wifll its use for airport purposes. It will suitably operate and maintain the f~rpor t and all facilities thereon
or connected therewith, w/th dueregm~d to climatic and flood conditions. Any proposal to temporarily close the
airport for non-aeronautical purposes must first be approved by the Secretary.
(1) Operating tbe airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notif3,ing 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
Page 19 of 27
structure or faciliit which is substuntailly damaged or destroyed due to an act of God or other condition or
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 tile 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 estabgshment 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 adj scent to or in the immediate viainilt of the airport to aetiv/fies and purgnees compatible with
normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatthility
program implementagon, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with reapect to the airport, of file noise compatthgity program measures upon which Federal funds have been
expended.
22.
23.
Economic Nondiscrimination,
a. It will make the airport available as an airport for public use on reasonable terms and without unjust
discriminagon to all types, kinds and classes of aeronauticai activities, including commercial aeronaugca]
activities offering services to the public at file airport.
b. In any agreement, contract, lease, or other arrangement under which a right or priv/lege at the airport is grmated to
any person, finn, or corporation tu conduct or to engage in any aeronautical acfivilt for furnishing services tu the
public at tile airport, the sponsor will insert and enforce provisions requiring the contractor to-
(1 ) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
(2) charge reasonable, and not unjustiy disc~Sminatory, prices for each unit or service, provided that the contractor
may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar ltpes of price
reductions to volume gnrcbasem.
c. Each fixad-basad operator at tbe airport shall be subject to the same rates, fees, rentals, and other charges as are
uniforngy applicable to all other fixed-based operators making the same or similar uses of such airpor[ and
utilizing the same or similar facilities.
d. Each air carder using such airport shall have the right to service itself or to use any fixed-basad operator that is
authorized or permi~ad by the airpo~l to serve any air career at such airport.
e. Each air can-ier using such airport (whether as a tenant, nontenanh or subtenant of another air carrier tun~nt) shall
be subject to such nondiscriminatory and substantially comparable rules, regalations, conditions, rates, fees,
rentals, and otiaer charges with respect to facilities directly and subs~mntiaily related to providing air transportation
as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities,
subject to reasonable classifications such ~s tenants or nontenants and signatory carders and nonsignatory
canters. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided
an air career assumes obligations substantially similar to those already imposed on air carriers in such
classification or status.
fl It will not exemiso or grant any right or privilege which operates to prevent any person, firm, or corporation
operating aircraR on the airport from performing any services on its own aircraft with its own employees
]including, but not limited to maintenance, repair, and fueling] tbat it may choose to perform.
g. In the event the sponsor iteelf exercises any of the rights and prMlegas referred to in this assurance, the services
involved will be provided on file 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 remsonable, and not unjuslly discriminatory, conditions to be met by all users of
the airport as may be necessary for the safe and effmient operation of the airport.
i. The sponsor may prohibit or limit any given g~pe, 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.
Exclusive Rights. It will permit no exclusive right for the use of tile 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-basad operator shall not be construad 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 settees would require the raduction of space
leased pursumlt to an existing agreement between such single fixad-basad 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 acgv/ties, including, but not limited to charter flights, pilot training, aircraft
rental and sightseaing, aerial photography, crop dusting, aerial advertising and surveying, air carder operations, aircraft sales
and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity,
repair and maintenance of aircraft, sale of aircraft parts, and any other activities wltich because of their direct relagonship to
the operagon of aircraft cma beregardad ~s an
aeronautical activilt, mad that it will terminate any exclusive right to conduct an aeronautical acfivilt now existing at such an
airport before the grant of any assistance under Title 49, United States Code.
24.
Fee and Rental Structm-e. It will maintain a fee and rental sh-ucture for the facilities and services at the airport which will
make the airport as se]f-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 compatibililt project for wbich a grant is made under Title 49, United States Code, the Airport and
Page 20 of 27
25.
26.
27.
28.
29.
Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Ainvay Development Act of 1970 shall be
included in the rate basis in estabtisbthg fees, rates, and cbarges for users of that airport.
Airpor~ Revenues.
a. All revenues ganerated by the airport mid any local taxes on aviation fuel established after December 30, 1987,
will be expended by it for the capital or operating costs of the airpnrt; the local airport system; or other local
facilities addcb are owned or nperated by the o'~ler or operator of the airport and whinh are directly and
substantially related lo the aetoal 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; 1992, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide for the use of tile revenues from any of the airport
owner or operator's facilities, inalufling the airport, to support not only the airport but also the airport owner or
operator's gaueral 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 tile Single Audit Act of 1994, file sponsor will direct that the audit will
review, and file resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in
paragraph (a), and indinating whether funds paid or transferred to the owner or operator are paid or transferred in
a manner consistent with Tide 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 he imposed for violation of this assurance in accordance with the
provisions of Section 47107 of Title 49, United States Code.
Reports andlnspeetions. It wilh
a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably
request mid malco such reports available to the public; make available to file public at reasonable times and places
a repm~ 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 mad use agreements, regulatinns and otber insteaments, 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 w/th tbe terms, conditions, and assurances of the grant agreement including deeds, leases,
agreemepts, 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, ma annual report listing in detail:
(i) all amounts paid by the airport to any other unit of government and the purpmes 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.
Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except, if the use by Government airerafl is substantial, charge may
be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless
otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an
airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in
the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that-
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more,
or the gross accumulative weight of Government aircraft using the airport (the total movement of Govemment
aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
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 rigbts in buildings of the sponsor as the Secretary cnnsiders necessary or desirable for
cons~uadon, operation, and maintenance at Federal expense of space or facilities for such purpmes. Such areas or any
portion thereof wig be made available as provided herein witlti]n four months after receipt of a written request from the
Seoretary.
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 offalte areas owned or controlled by the sponsor for
airport purposes and proposed additions thereto; (2) tbe location and nature of all existing and proposed airport
facilities and structures (such as runways, taxiways, aprons, terminal buddings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed
non aviation 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 siguatore of a duly authorized representative of the Secretary on the face of the airport layout
plan. 'l]le sponsor will not make or permit any changes or alterations in the airport or any of its facilities whinh
are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of
the Secretary, adversely affect the safety, utility or efficiency of the alrpori.
Page 21 of 27
30.
31.
32.
33.
If a change or alteration in the ep'por t or the facifiti~s is made which the Secretary determines adversely affects
the safety, utility, or efficiency of any federally owned, leased, ar funded property on or off the airport and which
is not in conformity with the airport layout plan as approved by the Secretary, the own~ or operator will, if
requested, by the Secretm'y (1) elPninate such adverse efthet in a manner approved by the Secretary; or (2) hear
all costs of relocating such proper~ (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
existinghefore the unapproved cfiange in the airport or its facilities.
Civil Rights. It will comply with such rules as m'e promulgated to assure that no person shall, on the grounds of race, creed,
color, natim] al origin, sex, age, or fiandinap 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 s~uctures or improvements thereon in which case the assurance obligates the sponsor or
any ~-ansthree for the longar of the following periods: (a) the period during which the property is used for a purpose for
wbieb Federal financial assistance is extended, or for another purpose invo]vin g the provision of similar services or benefits,
or (b) the period during which the sponsor retains o~ership or possession of the property.
Disposal of Land.
a. For land purchased under a grant fei' airport noise compatibility purposes, it will dispose of the land, when the
land is no longer needed fei' such purposes, at fair mm'ket value, at the earliest practicable time. 3~at portion of
the proceeds of sucb disposition which is propolfionate to the United States' share of acquisition of such land wifi,
at the discretion of tbe Secretary, 1 ) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in
an approved noise compafibility project as prescribed by the Secretary.
b. (1) For land purchased undo' a grant for airpm~ development purposes (other than n~ise compatibility), it will,
wi~en the land is no longer needed fei' airport purpmes, 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, (a) 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
~) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for
aeronautical puspmes (inclu ding runway protection zones) or serve as noise buffer land, *md Co) the revenue from
interim uses of such land contributes to the fm ancial 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 he needed for
airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or o'¢mer 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 corameneed no late~ than December 15, 1999.
c. Disposition of such land under (a) or (b) 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 purgnses which are compatible with noise levels
associated with operation of the airport.
Engineering and Design Services. It will award each contract, or sub-contract for program management, constracfion
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 Serv/ces Act of 1949 or an
equivalent qualifications-based requirement preset/bed for or by the sponsor of the airport.
Foreign Market R~strictions. It will not allow funds provided under this grant to he used to fund any project whinh uses
any product or service of a foreign country during the period in wltich such foreign country is listed by the United Slates
Trade Representative as denying fair and equitable market opportunities for products and suppgers of the United States in
procurement and construction.
34.
35.
36.
37.
Po ficie~, 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 AdP projects, dated 7/1/99 and included in this grant, and in accordance with applicable state policies,
standards, and specifications approved hythe Secretary.
Relocation and Real Propert~ Acquisition. (I) It will be guided in acquiring real property, to the greatest extent
practicable under State law, by the land acquisition policies in Subp~rt 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 Subp~gt C and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpmt D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to
displacement, compm'able replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
Access By lntercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intereity buses or
other modes of transportation to have access to the airport, however, it has no obggation to fund special facilities for intercity
buses or for other modes of ~'ansportafion.
Disadvantag~ Business Enterprises. The recipient shall not discriminate on the basi~ of race, color, national origin or sex
in the awm'd and performance of any DOT-assisted contract or in the adminis~wation of its DBE program or the requirements
of 49 CFR Part 26. ~e Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non
discriminafion in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49
Page 22 of 27
CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement, Implementation of this program is a
legal obliga6on and faikn'e to can3' out its terms shall be treated as a viola6on of this agreement. Upon notification to the
recipient of its failure to carry out its approved program, the Department may impese sanctions as provided for under Part 26
and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 md/or the Program Fraud Civil
Remedies Act of 1986 (31 U.S.C. 380l).
Page 23 of 27
CURP.~NT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
The following apply to boll~ AIP and PFC Projects
NUMBER
70/7460-1J
150/5000o13
150/5200030A, CBG 1 & 2
150/5200033
150/521
150/5211~-7B
150/521 0013A
150/521 0014A
150/5210-18
150/5210-19
150/5220-4B
150/5220-10B
150/5220-13B
150/5220-16B
150/5220-17A
150/5220-18
150/5220-19
150/5220020, CHG 1
150/5220-21A
150/5300-13, CHG ], 2, 3, 4, 5
150/5300-14
150/5320-5B
150/5320-6D
150/5320-12C
I50/5320-14
150/5320-16
150/53254A, CHG 1
150/534¢4C, CHG 1 & 2
150/5340-5B, CBG 1
150/5340-14B, CHG 1 & 2
150/5340-17B
150/5340-19
150/5340-21
150/5340-23B
150/5340-24, CHG 1
150/5340-27A
150/5345-3D
150/5345-5A
150/5345-7D, CHG 1
150/5345-10E
150/5345-12C
150/5345-13A
150/5345-26B, CHG 1 &2
150/5345-27C
150/5345-28D, CHG 1
150/5345-39B, CHG 1
150/534542C, CHG 1
150/5345~[3E
150/534544F, CHG 1
150/534545A
150/534546A
150/534547A
150/5345.-49A
150/5345-50, CHG 1
] 50/5345-51, CHG 1
150/5345-52
150/5345-53A, (including addendum)
150/5360-9
150/5360-12A
Updated on: 7/I/99
TITLE
Obstruction Marking and Lighting
Announcement of Availability--RTCA Inc., Document RTCA-22 I, Guidance and
Recommended Requirements for Airport Surface Movement Sensors
Ai'chitectural, Engineering, and Planning Consultant Services for Airport Grant Projects
Airport Winter Sat~ty and Operations
Hazardous Wildlife Attractants On or Near Airports
Painting, Mm'king and Lighting ol'Vebicles Used on an Airport
Aircraft Fire and Rescue Communications
Water Rescue Plans, Facilities, and Equipment
Airport Fire and Rescue Personnel Protective Clothing
Airport Rescue & Firefigi~ting Station Building Design
Systems lbr Interaci~ve Training of Airport Personnel
Driver's Enhanced Vision System (DEVS)
Water Supply Systems for Aircraft Fire and Rescue Protection
Guide Specification for Water/Foam Type Aircraft Rescue m~d Firefighting Vehicles
Runway Surface Condition Sensor Specification Guide
Automated Weather Observing Systems for Nonfederal Applications
Design Standm'ds for Aircraft Rescue Firefighdng Training Facilities
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
Guide Specificadon for Small, Dual-Agent Aircraft Rescue and Firefighfing Vehicles
Airport Snow and Ice Control Equipment
Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
Airport Design
Design of Aircratl Deicing Facilities
Use of Value Engineering for Engineering Design of Airport Grant Projects
Airport Drainage
Airport Pavement Design and Evaluation
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
Airport Landscaping for Noise Cnnlrol Purposes
Airport Pavement Design for the Boeing 777 Airplane
Runway Lengtb Requirements for Airport Design
Standards for Airport Markings
Installation Details for Runway Centerbne Touchdown Zone Lighting Systems
Segmented Circle Airport Marker System
Economy Approach Lighting Aids
Standby Power for Non-FAA Airport Lighting Systems
Standards for Airport Sign Systems
Taxiway Centeriine Lighting System
Airport Miscellaneous Ligbting Visual Aids
Supplemental Wind Cones
Runway and Taxiway Edge Lighting System
Air-to-Ground Radio Control of Airport Lighting Systems
Specification for L821 Panels for Remote Control of Airport Lighting
Circuit Selector Switch
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
Specification for Constant Cun'ent Regulaturs Regulator Monitors
Specification for Airport and Heliport Beacon
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Specification roi' L823 Plug and Receptacle, Cable Connectors
Specification for Wind Cone Assembges
Precision Approacb Path indicator (PAPI) Systems
FAA Specification L853, Runway m~d Taxiway Centerline Retroreflective Markers
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and
Accessories
Specification for Obstruction Lighting Equipment
Specification for Taxiway and Runway Signs
Ligbtweight Approach Ligbt Structure
Specification roi' Runway and Taxiway Light Fixinres
Isolation Transfhm~ers for Airport Lighting Systems
Specification L854, Radio Control Equipment
Specification for Portable Runway Ligi~ts
Specification for Discharge-Type Flasher Equipment
Generic Visual Glideslope Indicators (GVGI)
Airport Ligbfing Equipment Certification Program
Planning and Design of Airport Terminal Facilities at NonHub Locations
Airport Signing & Graphics
Page 24 of 27
150/5360o13, CHG 1
150/537002C
150/5370-6B
150/5370-10A CHG 1, 2, 3, 4, 5, 6, 7, 8, 9
150/5370-11, CHG 1
150/5370-12
150/5390-2A
150/539003
Planning and Design Guidance for Ao~orl Terminal Facilities
Operational Safety on Air~orls During Construction
Cons~'uction Progress and ]nspection Report-Airport Grant Program
Standards for Specifying Construction of Airports
Use of Nondesa'uctive Testing Devices in the Evaluation of Ai~ort Pavements
Quality Control of Construction for Airport Grant Projects
Heliport Design
Vertipm't Design
Page 25 of 27
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) Publisbbng a statement notifying employees that the unlawfifi 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-
(l) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-flee workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be inaposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a reqinrement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will-
(l) Abide by the terms of the statement; and
(2) Notify the employer in writing of bbs 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 nnder paragraph (d)(2) from
an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, incbbding 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 followbbg actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(l) 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-fi-ce 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)
5000 Airport Road
Denton, Denton County~ Texas 76207
Check ~q~e are wor~le that are not identified here.
Typed Name and Title of Sponsor Representative
Page 26 of 27
ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to assure
that proper pavement maintenance, both preventative and repair, is performed. An ah-port sponsor may use any form
of inspection program tit deems appropriate. The program must, as a minimum, include the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
Location of all runways, taxiways, and aprons
Dimensions
Type of pavement
Year of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances, pavements that have been constructed,
reconstructed, or repaired with Federal financial assistance shall be so depicted.
2. Inspection Schedule.
Detailed Inspection. A detailed inspection must be performed at least once a year. Ifa b/story of
recorded pavement deterioration is available, i.e. Pavement Condilion Index (PCI) survey as set forth in
Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the
frequency of inspections may be extended to three years.
b. Drive-by Inspection. A drive-by inspection must be performed a mum of once per month to detect
unexpected changes in the pavement condition.
3. Record Keeping. Complete information on the fmdings of all detailed inspections and other maintenance
performed must be recorded and kept on file for a minimum of five years. ~ll~e types of distxess, their locations, and
remedial action, scheduled or performed, must be documented. The minim information to be recorded is listed
below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections, the date of inspection and any nmintenance performed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as
the Informalion and records produced by the pavement survey can be retrieved to provide a report to the FAA as may
be required.
5. Reference. Refer to Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport
Pavements, for specific guidelines and procedures for maintaining airport pavements and establishing an effective
maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented.
Page 27 of 27
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT CSJ No.: 0518DNTON
TxDOT Project No.: AP DENTON7
TxDOT Contract No.: 5XXAV041
Commission Approval: November 18, 2004
NPE Funds Applied: FY04, FY05
C.F.D.A.:20.106
Amendment No. 02 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 0518DNTON, executed by the Sponsor on
January 4, 2005, and by the State on January 18, 2005, for the development of the Denton
Municipal Airport, hereinafter referred to as the "Airport".
The project is described as engineering/design services to: reimbursement for
approximately 32 acres for runway extension and runway safety area; design services to extend
Runway 17; extend parallel taxiway; extend medium intensity runway lights; construct holding
pad at north hold line; displace threshold lights Runway 35; upgrade/relocate precision approach
path indicator -4 Runway 17; upgrade/relocate MLSR; relocate glide slope antenna; earthwork
for north and south runway safety areas; close Tom Cole Road and Masch Branch Road; install
declared distance signs, fencing, and seeding at the Denton Municipal Airport.
It is in the mutual interest of the Sponsor and the State to increase the grant by $16,033
for additional fencing.
Part 11 - Offer of Financial Assistance, estimates total project costs to be $905,000; and
financial assistance is currently limited to $814,500 'in federal funds and $90,500 in local sponsor
funds.
The following amendment to the Airport Project Participation Agreement shall become
Page 1 of 3
effective upon execution of-this Amendment by the Sponsor and the State.
The Airport Project Participation Agreement is amended as follows:
1. On Part 11, Item No. 2 of the Agreement, change Amount A. estimated total design costs,
and any further references in the Agreement to Amount A, to $921,033.
2. On Part 11, Item No. 2 of the Agreement, change Amount B, estimated design costs
eligible for federal financial assistance, and any further references in the Agreement to Amount
B, to $921,033.
3. On Part II, Item 3 of the Agreement, change Amount D, the maximum obligation of the
United States payable under this offer, and any further references in the Agreement to Amount D,
to $828,930.
4. On Part 11, Item 4 of the Agreement, change Amount E, Sponsor's share of the estimated
design costs, and any further references in the Agreement to Amount E, to $92,103.
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.
2 ~
Executed this day of -11I13G`---*z_ 32009
The City of Denton, Texas
Sponsor
1
Witness Signature Sponsor Signature
Witness Title Sponsor Title
Page 2 of 3
1
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: 0
Page 3 of 3