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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aviation facility, known or to be designated as the Airport under the Airport and ALrway Improvement Act of 1982, as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to as "Title 49 U.S.C."), and Rules, Regulations and Procedures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