2004-025S:\Our Documents\Ordinanc es\04~Airpor t-C~ant -Radios-TxDot ,doc
O ANCE NO.-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
_MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT
PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION RELATING TO THE PURCHASE AND INSTALLATION OF
AIRPORT RADIO EQUIPMENT AT THE DENTON MUNICIPAL A/RPORT;
AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE 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 the purchase and
installation of airport radio equipment 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. 4XXAV070 (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
SECTION 3. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the.~ff2~day of ,.~/~/~/,~' , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: '~
Page 2
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.:0418DENTN
TxDOT Project No.: AP DENTON 6
TxDOT Contract No.: 4XXAV070
Part I - Identification of the Project
TO:
The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Deparlment of
Transpoaation, (hereinat~ 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 ALrway Improvement Act of 1982, as
repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to
as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant; and under
V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp).
The project is described as follows: purchase and install aiport radio equipment at the Denton
Municipal Airport.
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 Sponsors adoption and mfificatien 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 fi.om the accomplishment of the
project and compliance with the assurances and conditions as herein provided, TI~ TEXAS
DEPARTMENT OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED
STATES, FEDERAL AVIATION ADMINISTRATION (}[EREINAFTER REFERRED TO
AS THE "FAA"), }tEREBY OFF/~RS AND AGREES to pay, as the United States share of the
allowable costs incurred in accomplk4fing the project, ninety percentum of all allowable project costs.
Page 1 of 27
This grant is made on and subject to lhe 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 construction project costs will be approximately $166,667 (Amount A). It is
further estimated that approximately $166,667 (Amount B) of the project costs will be eligible
for federal financial assistance, and that federal financial assistance will be for mety percent
(90%) of the eligible project costs. Final detem,;nation of federal eligl'bility of total project costs
will be determined by the State in accordance with federal guidelines following completion of
project.
In the event that federal funds are unavailable, this Agreement shall automatically be voided and
become of no force and effect, except that unexponded 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 Un/ted States payable under this offer shall be $150,000
(Amount C).
This grant should not be construed as block grant funds for the Spomor, 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 cunent determined needs of this project. Scope of work
may be amended as necessary to fiflfill 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 ~hare of the total project costs will be $16,667 (Amount D).
The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the
federal share (Amount C).
It is further agreed that the Sponsor will reimburse the State for any payment or payments made
by the State in behalf of the Sponsor which are in excess of the federal percentage of financial
paxticipatlon as stated in Paragraph II-2. The State shall refund to the Sponsor, at the flnandal
closure of the project, any excess funds provided by the Sponsor.
If there is an overrun in the eligible project costs, the State may not increase the grant to cover
the amount of ovemm. The Sponsor is responsible for all overruns. The State will not authorize
Page 2 of 27
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 pursuant to and
in accordance with the provisions of such regulations and procedures as the State and FAA,
shall prescribe. Final determination of the United States share will be based upon the final audit
of the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the
State that it has sufficient funds to meet its share of the costs as stated. The Sponsor grants to
the State and federal government the fight, 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 cf all funds for the project and its ability to
finance and operate the project.
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 said project, and prior to actual receipt of the authority
to expend federal grant funds, shall be made l~om Sponsor funds.
Monthly grant payments to the Sponsor will be made upon request to the State. Payments of
the State's share of the allowable project costs will be made in proportion to the amount
expended by the Sponsor for the eligible project costs. No more than ninety (90) percent of
the total grant will be paid prior to the completion of the project. The last ten (10) percent of
the grant will be paid only after the staff has inspected and approved the completed project.
PART IH - Sponsor Responsibilities
In accepting the Agreement, the Sponsor guarantees that:
it will comply with the Attachment A, Cett/ficaton of Aixport Fund, attached and made
a part of this Agreement; and
it will comply with the Attachment B, Aiaport Assurances (9/99)(State Modified 9/99),
attached and made a part of tbJs Agreement; and
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
orthe FAA in connection 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
this project shall be operated, repaired and maintained in a safe and serviceable manner
Page 3 of 27
for the useful life of the improvements, not to exceed 20 years; and
consistent with safety and security requirements, it nhall make the airport or air
navigational facility available to all types, kinds and classes of acronautical use without
unjust discrimination between such types, kinds and classes and shall provide adequate
pubhc 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 fights, flight instruction, aircmtt
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 permit 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 aircratt to gain direct ground access
to the Sponsor's airport f~om private property adjacent to or in the immediate area of
the airport. Further, Sponsor shall not allow aircr, ffi direct' ground access to private
property. Sponsor shall be subject to this prohibition, commonly known as a
'lhrough-the- fence operation," unless an exception is granted in writing by the State due
to extreme circumstances; and
it will acquire all prope~y interests identified as needed for the purposes of this project
and comply with all applicable state and federal laws, roles, 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 propet~5,
identified within the scope of this project and Attorney's Certificate of Airport Prope~y
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 ~hall be used solely for the development, operation and mainterlance of the
Sponsors system of airport(s) or navigational facility(ites). Sponsor shall not be
required to pledge income received from the mineral estate to airport use unless state
and/or fedend funds were reed to acquire the mineral estate of airport lands or any
interests therein; and
an Airport Fund shall be established by resolution, order or ordinance in the treasury of
the Sponsor, or evidence of the prior creation of an existing airport fund or a properly
Page 4 of 27
executed copy of the resolution, order, or ordinance creating such a fund shall be
submitted to the State. Such fund may be an account within another fund, but must be
accounted for in such a manner that all revenues, expenses, retained earnings, md
bnlances ill the account are discernible from other types of moneys identified in the fund
as a whole. All fees, charges, rents, and money from any source derived from airport
operations must be deposited in said Airport Fund and shall not be diverted to the
general revenue fund or any other revenue fund of the Sponsor. All expenditures from
the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall
be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent
approval of a grant or loan, Sponsor has complied with the requirements of this
mbparagraph; and
the Spomor shall operate runway lighting at least at low intensity from sunset to sunrise;
and
insofar as it is reasonable end within ~ power, Sponsor ~hall adopt and enfome zoning
regulations to restrict the height of structures and use of land adjacent to or in the
immediate vicinity of the aixport 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 end 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 tach 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 ~hnll be consistent with
the Airport Layout Plan approved by the State and maintained by the Sponsor. A
reproducibl~ copy of such plan, and all subsequent modifications, shall be filed with the
State for approval; and
it shall take all steps, including litigation ff necessary, to mcever funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in
any project upon which Federal and State funds have been expended. For the
purposes of this grant agreement, the term "funds" means funds, however used or
disbursed by the Sponsor or Agent that were originally paid pursuant to this or any
Page 5 of 27
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 eefdfies 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 paxt of the above pmject, and within the time
frame of the project, a sufficient interest (easement or otherwise) in any other property which
may be affected by the project.
The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of the
Sponsor, the Sponsor's agents or employees performed under this agreement, The Sponsor, to
the extent of its legal authority to do so, ~hall also save harmless the State, the State's agents,
employees or contractors from any and all expenses, including attomey fees which might be
incurred by the State in litigation or otherwise resisting said claim or liabilities which might be
imposed on the State as the result of such activities by the Sponsor, the Sponsors agents or
employees.
The Sponsors acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, as provided,
and said 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 opemtien
and maintenance of the airpoxt. Such Agreement shall become effective upon execution of this
immanent and shall remain in fnll force and effect for a period of at least 20 years.
The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified
above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of
the facility in compliance with all applicable state and federal requirements including any statutes,
roles, regulations, assurances, procedures or any other directives before, during and at~er the
completion of tiffs project. '
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 pmgrsm for the useful life of any 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 a part of this agreement.
The Sponsor agrees to assume the responsibility to assure that all aspects of the grant and
Page 6 of 27
10.
11.
12.
project are done in compliance with all applicable state and federal requirements including any
statutes, rules, mgnlatious, assurances, procedures or any other directives, except as otherwise
specifically provided bereim
Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor
or subcontractor to acquire any steel or manufactured products produced outside the United
States to be used for any project for airport development or noise compatibility for which funds
are provided under this grant. The sponsor will include in every contract a provision
implementing this special condifien~
SPECIAL CONDITION: Except for instrument landing systems acquired with AlP funds
and iater 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 aemnauticai study conducted under FAR Part 77 determines
that to be acceptable; and mark and light the runway, as appropriate. The Federal Aviation
Administration will mt take over the ownership, operation, or maintenance of any sponsor-
acquked equipment, except for instrument landing systems.
The Sponsor shall have on file with the State:
A current and approved Attorney's Certificate of Airport Property Interests and Exhibit
A property map; and
Attachment C, Certification Regarding Dmg-Free Workplace Requirements, attached
and made a part of this agreement.
The Sponsor shall submit the following certifications, as appropriate, for compliance with
statutory and administrative requirements of the federal grant:
a. Sponsor Certification for Selection of Consultants;
b. Sponsor Certification for Project Plans and Specifications;
c. Sponsor Certification for Equipment/Construction Contracts;
d. Sponsor Certification for Construction Project Final Acceptance;
e. Sponsor Certification for Real Pmporty Acquisition.
The Sponsor shall administer Disadvantage Business Enterprises (DBE) Program in accordance
with federal regulations. They shall report the amoullt of participation to the State for the period
ending September 30 of each year the grant is open no later than October 15 of each year the
Page 7 of 27
13.
14.
grant is open. In addition, semi-annual reports must be submitted for the period October 1 -
March 31 and April 1- September 30. Submission shall be made using Department of
Transportation (DOT) Form 4630 "Report of DBE Goal Accomplishments" and a Report of
Certified DBE Contractors Used on FAA Assisted Contracts."
Additionally the Sponsor shall submit with each mmibursement or payment request form, the
amount of DBE participation during the period of that request on TxDOT form "Subcontractor
Monitoring System" and when appropriate "DBE Prime Contractor Payments to Non-DBE
Subcontractors."
The Sponsor shall submit to lhe State the following:
documentation of official desiEnafi, on of the consultant selection committee, evaluation
criteria, scoring matrix and consultant ranking; and
if property acquisition is funded under this grant, documentation of the professional
service contracts (e.g. surveyor and appraisal), and negotiation and settlement
agreements; and
prior to entering into professional services contract: copies of the independent
engineering fee analysis and negotiation summa~; and
d. advance notification of the project pre-design meeting; and
prior to start of preliminary design phase: design option selected after review of the
preliminary engineering ~'eport; and
prior to adveaising for constmctiom engineering plans, specifications, bid documents,
and dratt construction contract; and
g. prior to construction contract award: bid tabulation and recommendation of award; and
following execution; copy of the construction contract; and
i. advance notification of pre-construction meeting; and
j. prior to execution: construction change orders and supplemental agreements; and
k. notification of the final inspeetion; and
copies of the as-built plans and Exhibit A, property map, if changed from the one on file
with the Aviation Division~
The Sponsor may utilize paving specifications meeting State Highway criteria for nmways at
non-primary airports with lengths up to 5,000 feet and serving aircraft not exceeding 60,000
Page 8 of 27
15.
pounds gross take-ofT weight The sponsor agrees not to request additional AIP funds for
reconstruction or rehabilitate of pavement construct utili~in§ State specification for 10 years
f~om pavement acceptance.
SPECIAL CONDITION: The Sponsor must demonstrate that statutory requirements such as
minimum wage requirements and Veteran's preference were met in the eoustmetion or
improvement of the control tower. In addition, the Sponsor must demonstrate compliance with
environmental reviews, Disadvantaged Business Enterprise, professional services contracting
and requirements under 49 CFR Part 18, the regulations covering grant programs including
competition requirements.
Part IV- Responsibilities of the State
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 said project, or in reimbursement to either of the
paxties for costs incurred.
The State shall, for all purposes in connection with the project identified above, be the Agent of
the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform
the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project funds
granted, allowed, and paid or made available by the State and/or the United States
under Title 49 U.S.C. and congressional appropriation made pursuant, and the
Sponsor;
receive, review, approve and process Sponsor's reimbursement requests for approved
project costs. Monthly grant payments to the Sponsor will be made upon request to the
State. Payments of the State's share of the allowable project costs will be made in
proportion to the amount expended by the Sponsor for the eligible project costs. No
more than mety (90) percent of the total grant will be paid prior te the completion of
the project. The last ten (10) percent of the grant will be paid only after the staff has
inspected and approved the completed project.
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.
3. Respons~ility of the State ahall include, if appropriate, but not be limited to:
a. concurrence with project scope; and
b. verification of consultant selection process; and
Page 9 of 27
L
review and concurrence with property acquisition procedures; and
concurrence with e~.eemg fee; and
attendance at the project pre-design meeting; and
review and concurrence in &sign options based on pmli.minary engineering repmt; and
review and acceptance of engineering plans, specifications, bid documents, and
construction contract; and
concurrence in the contract award based on bid tabulations; and
attendance at the pre-construction meeting; and
occasional visits to the project site during constmction; and
review and concurrence with construction change orders and supplemental agreements;
attendance at the final inspection meeting; and
maintaining record drawings.
PART V - Recitals
The Sponsor shall obtain an audit as required by federal or state regulations; and procure and
forward to the State and FAA such specific project documentation as is necessary to complete
all aspects of this project.
The Sponsor, and not the State, nhall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The power of
attomey, 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 injmy to persons, which may arise from, or be incident to, compliance with this
Page 10 of 27
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 paxty. 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 ~hall contain the
following:
The reasons for the suspension and the corrective action necessary to ~ the
suspension;
b. A date by which the corrective action must be taken;
No 'tificafon that consideration will be given to tenuinating the grant after the corrective
action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider the
suspension or terminatiom Such request for reconsideration shall be made within 45 days aiter
receipt of the notice of suspemion or tennination.
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.), end the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. §§ 241.001 et seq. (Vernon and Vernon
Supp.). Failure to comply with the tenns of this Agreement or with the aforementioned 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 impmtance to the State is compliance with the terms end conditions of this
Agreement. If, however, after all reasonable attempts to require compliance have
failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the
terms and conditions of this Agreement, the State may pursue any of the following
remedies: (1) require a refund of any money expended pursuant to the Agreement
herein, (2) deny Sponsor's future requests for aid, (3) request the Attorney General to
bring suit seeking reimbursement of any money expended on the project pursuant to the
Agreement herein, provided however, these remedies shall not limit the State's authority
to enforce its rules, regulations or orders as othemSse 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 tem~ 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.
Page 11 of 27
10.
11.
The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably denied or
delayed.
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 partias.
All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restticlions 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.
The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement incorporated shall be evidenced by execution of this instrument
by the Sponsor, as provided, and this Offer and Acceptance shall comprise a Grant Agreement,
as provided by the Title 49 U.S.C., constituting the contractual obligations and rights of the
United States, the State of Texas and the Sponsor with respect to the accomplishment of the
Project and compliance with the assurances and conditions as provided herein. Such Grant
Agreement shall become effective upon the State's written Notice to Proceed issued following
execution of this agreement.
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 fands 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 invastlgation in comection 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 foregoing Agreement, and does accept the Offer, and by such acceptance agrees to ali of the terms
and conditions of the Agreement.
Executed this , _~/'dd. dayof
~//iness 'Sil~tture
WimeksJritle ~./
2o 5/.
The City of Denton, Texas
Sponsor Signature
onsor Title
Certificate of Sponsor's Attorney
I, '~ S~J~gr~ ,actingasattomeyfor~_~[44.~ 0~C b~'~ .
Texas, do certify that I ha,~e fully examined the Agreement and the proceedings taken by the Sponsor
relating, and find that the manner of acceptance and execution, of the Agreement bythe Sponsor, is in
accordance with the laws of the State of Texas.
Witness Signature ~ Signature
Witnessh'itle /
Page 13 of 27
Part VH - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
activating and/or carrying out the orders, established policies or work programs and grants heretofore
approved and authorized by the Texas Transportation Coromi~sion.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Date:
Page 14 of 27
ATTACHMENT A
CERTIFICATION OF AIRPORT FUND
The Sponsor does ceaify that an Airport Fund has been established for the Sponsor, and that all fees,
charges, rents, and money from any source derived from airport operations will be deposited for the
benefit of the Airport Fund and will not be dive,ed for other general revenue fund expenditures or any
other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport
purposes. Such fund may be an account as part of another fund, but must be accounted for in such a
manner that all revenues, expenses, retained earnings, and balances in the account are discernible from
other types of moneys identified in the fund as a whole.
The City of Denton, Texas
(Sponsor)
Date:
Page 15 of 27
~ort Sponsors
Page 16 of 27
for dms-f~o workplace (~tmtO.
Page 17 of 27
11.
12.
14.
15.
13.
a ~ ~,~ uy m~ ~¢er~ry. It will ~ake steps to ~fo~o this
r~paired with Federal ~aacial assislancc . .:--.- ,,P ~ f~r.~lm usefiil ~ of may pa~,emc~t consh~c
Page 18 of 27
16.
18.
~ s ~sor wm
page 19 of 2'7
24.
25.
26.
volume pur,:hesen.
Page 20 of 27
27.
28.
29.
30.
31.
Page 21 of 27
32.
33.
34.
35.
36.
37.
Policies, Standards, and Specifications. It will caw/out thc project in accordance with policies, s~andard~, and sp~ifications
Disadvantaged Business Enterprises. Thc rccipinat shall not discriminate on the basis of race, colur, natlonai origin or sex i~
Page 22 of 27
cURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS
The following apply to both AIP and PFC Projects
NUMBER
70/7460-1J
150/5200-30A, CHG I & 2
150/5200-33
150/5210-15
150/5210-18
150/$220.4B
150/5220-10B
15015220-13B
150/5220-16B
150/5220-17A
150/5220-18
150/5220-19
150/5220-20, CHG 1
150/5220-21A
I50/5300-14
150/5300-15
150/5320-5B
150/53204D
150/5320-12C
150/5320-14
150/5320-16
150/53254A, CHG 1
150/5340-4C, CHG 1 & 2
150/5340-5B, CHG 1
150/5340-14B, CHG 1 & 2
150/5340-17B
150/5340-21
150/5340-23B
150/5340-24, CHG 1
150/5340-27A
150/5345-3D
150/5345-5A
150/5345-7D, CHG 1
150/5345-10E
150/5345-12C
150/5345-13A
150/5145-26B, CHG I & 2
150/5345-27C
150/5345-28D, CHG 1
150/5345-39B, CHG 1
150/5345.42C, CHG 1
150/534543E
150/534544F, CHG 1
150/534545A
150/5345.46A
150/534547A
150/5345.49A
150/5345-50, CHG 1
150/5345-51, CHG 1
150/5345-52
150/5345-53A, (including addendum)
150/5360-9
150/5360-12A
Updated on: 7/1/99
Standards for Ai~or~ Sign Systsms
Page 23 of 27
150/5360-13, CHG !
150/5370-2C
150/5370-6B
150/5390-2A
150/5390-3
Page 24 of 27
A- ~ ~ pub~iS~g ~ s~ ~ a co~OllCd su~ ..iola6ou of suCg P. i~o~ ~mpmY~
th~t~illb~ . ongOi~g~g' .~otkp~C~; ot~lac~; . c~,~o~ms;~~ . the~ot~l
~ ~t~b~lsht~$ ~ c ~ ~buS~ ~n .... ~g.~c ~ '-~ ~cc ~ss~st~n . ~ ~ ocCU~ m . -~ ~ copy of
~ ._., available m~ -. be imp°s~u ~v *nbc ~u~~gc~ -'~- of
notice -. on~oftho~°l~ ,_ is so COUVict~ ' .~stsuch~OmP ~,of1973,as~ ~tch~bilit~6o~P tist~
(~ T~ng --~lov~C w~° ~ ~ctio~ ~a~ ~ ~ilit~tion ~c~ ~sist~nc~ o ~the~ ~pptOp
:~g ~c~ - -*~osCS u~ *nt~m ~ d~g'~cc ~°~Pt~cc ~ou~h ~plCm~n~Go~ of
(2) ~quu ~ ~ for suc~pu~v .
. ~gcnC~ f~i~ cf~O~ t° c°ntinuc t° m~
P~P~ [~' '' ~c~ ptovid~dbcl°~ ~c s~tC(s) for ~c pc~°~sncc of ~otk d
B. ~c ~antcc ~.~c~ tn thc sp
~i~th~ sP~cific ~ ' * count, state, ~ip code)
place of Pc~°~cc (S~ect ~ddt~ss, ciW,
~ on fi~c thst ~t~ not ldcn~fi~dhc~C ~ ] ~
ATTACHMENT D
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to assure
that proper pavement maintenance, both preventative and repair, is performed. An airport sponsor may use any form
of inspection program it deems appropriate. The program must, as a minimum, inehde the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
a. location of all runways, taxiways, and aprons
b. dimensions
c. type of pavement
d. year of construction or 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. If a history of
recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in
Advisory Circular I50/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the
frequency of inspections may be extended to three years.
b. Drive-by Inspection. A drive-by inspection must be performed a minimum of once per month to detect
unexpected changes in the pavement condition.
3. Record Keeping. Completeinformationonthe findingsofall detailed inspections and other maintananee
performed must be recorded and kept on file for a minimum of five years. The types of distress, their locations, and
remedial action, scheduled or performed, must be documented. The minimum information to be recorded is listed
below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive-by inspections, the date of inspection and any maintenance performed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as
the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as
maybe 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
Page 26 of 27
maintenance program. Specific types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented.
Page 27 of 27