2003-385FILE REFERENCE FORM 2003-385
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S)
Date Initials
Amendment No. 01 to the Agreement [original is attached]
06/01/04
JR
Amendment No. 02 to the Agreement [original is attached]
09/27/05
J R
Supplemental Agreement No. 01 [copy is attached]
10/18/05
JR
Amendment to Agreement - Ordinance No. 2006-029
01/17/06
J R
S90ur Documents\0rdin=ms\03\Txdot Project Pardcipabon Ord.doc
ORDINANCE NO. 9'903-39-5-
AN ORDINANCE OF THE CITY OF DENTON 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 CONSTRUCTION OF IMPROVEMENTS
AT THE DENTON MUNICIPAL AIRPORT; AND DECLARING 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 construction services
and design/engineering services 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. 4XYAV042 (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 2maUday of I o ea .fiv 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS O LEGAL FORM:
HERBERT DUTY,CWY ATTORNEY
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT CSJ No.:0418DNTON
TxDOT Project No.:AP DENTON 5
TxDOT Contract No.: 4XXAV042
Part I - Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
This Agreement is made and entered into by and between the Texas Department of
Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the
City of Denton, Texas, (hereinafter referred to as the "Sponsor").
The Sponsor desires to sponsor a project for the development of a public aviation facility,
known or to be designated as the Airport under the Airport and Airway Improvement Act of 1982, as
repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter referred to
as "Title 49 U.S.C."), and Rules, Regulations and Procedures promulgated pursuant; and under
V.T.C.A. Transportation Code, Title 3, Chapters 21-22, et seq. (Vernon and Vernon Supp).
The project is described as follows: design/engineering services to construct parallel taxiway;
construct stub taxiway to north general apron and pave 2 grass islands; construct corporate apron;
install medium intensity taxiway lights with separate circuits and regulator, replace visual approach slope
indicator with precision approach path indicator-4 Runway 17-35 at the Denton Municipal Airport.
The Sponsor applies for federal financial assistance and desires the State to act as the Sponsor's
agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to each
other, with reference to the accomplishment of the project and with reference to the United States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S.C., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as provided,
and (b) the benefits to accrue to the United States and the public from the accomplishment of the
project and compliance with the assurances and conditions provided, THE TEXAS DEPARTMENT
OF TRANSPORTATION, FOR AND ON BEHALF OF THE UNITED STATES, FEDERAL
AVIATION ADMINISTRATION (HEREINAFTER REFERRED TO AS THE "FAA"),
OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in
Page 1 of 25
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 &termined by the State to be
ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A. Transportation
Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the Airport Zoning
Act, Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon Supp).
2. It is estimated that design/engineering project costs will be approximately $413,667 (Amount
A). It is finther estimated that approximately $413,667 (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 $3,450,000 (Amount Q.
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 cr 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 $372,300
(Amount D).
This grant should not be construed as block grant funds for the Sponsor, but as a grant for
funding of the scope items as listed on page one of this agreement. It is the intent of the State to
provide funding to complete the approved work items of this grant and not to amend the scope
of work to include items outside of the current determined needs of this project. Scope of work
may be amended as necessary to fulfill the unforeseen needs of this specific development
project within the spirit of the approved scope, subject to the availability of state, federal, and/or
local funds.
4. It is estimated that the Sponsor's share of the total project costs will be $41,367 (Amount E).
The Sponsor specifically agrees that it shall pay any project costs, which exceed the sum of the
federal share (Amount D).
It is further agreed that the Sponsor will reimburse the State for any payment or payments made
by the State in behalf of the Sponsor which are in excess of the federal percentage of financial
Page 2 of 25
participation as stated in Paragraph II-2. The State shall refund to the Sponsor, at the financial
closure of the project, any excess funds provided by the Sponsor.
5. During design, if the estimated eligible conshuction 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:
a. the Sponsor's request to the State to void the Agreement shall be in writing and dated;
and
b. 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 the Sponsor's request to void the Agreement Sponsor funds held by
the State may be retained until this requirement is satisfied; and
c. failure on the part of the Sponsor to comply with the conditions of this paragraph shall
constitute a breach of this Agreement.
6. Upon satisfaction of the conditions specified in Paragraph II-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.
7. If there is an overrun in the eligible project costs, the State may increase the grant to cover the
amount of overrun not to exceed the statutory twenty-five (25%) percent limitation, and will
advise the Sponsor by amendment of the increase. Upon receipt of the aforementioned
amendment, the maximum obligation of the United States is adjusted to the amount specified
and the Sponsor will remit then share of the increased grant amount.
Participation in additional federally eligible costs may require approval by the Texas
Transportation Commission. The State will not authorize expenditures in excess of the dollar
amounts identified in this Agreement and any amendments, without the consent of the Sponsor.
Payment of the United States share of the allowable project costs will be made in accordance
with the provisions of such regulations and procedures as the State and the FAA, shall
prescribe. Final determination of the United States share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
8. Sponsor's share of project oosts (Amount E) shall be paid initially in cash when requested by
the State. At project closeout, Sponsor will be reimbursed for any credited amounts that
exceed Sponsor's share.
9. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to the
Page 3 of 25
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 financial obligation in partial payments. Should the Sponsor fail to pay the obligation,
either in whole or in part, within 30 days of written demand, the State may exercise its rights
under Paragraph V-7. Likewise, should the State be unwilling or unable to pay its obligation in
a timely manner, the failure to pay shall be considered a breach and the Sponsor may exercise
any rights and remedies it has at law or equity.
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 funds, shall be made from Sponsor funds.
10. 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
c. it will, in the operation of the facility, comply with all applicable state and federal laws,
rules, regulations, procedures, covenants and assurances required by the State of Texas
or the FAA in connection with the federal grant; and
d. the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, and improvements made or acquired under
this project shall be operated, repaired and maintained in a safe and serviceable manner
for the useful life of said improvements, not to exceed 20 years; and
e. consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use without
unjust discrimination between such types, kinds and classes and shall provide adequate
Page 4 of 25
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 ships, taxiways, parking aprons, roads,
airport lighting and navigational aids; and
g. it shall not permit non-aeronautical use of airport facilities, unless noted on an approved
Airport Layout Plan, without prior approval of the State/FAA; and
h. it shall not enter into any agreement nor permit any aircraft to gain direct ground access
to the Sponsor's airport from private property adjacent to or in the immediate area of
the airport Further, Sponsor shall not allow aircraft direct ground access to private
property. Sponsor shall be subject to this prohibition, commonly known as a
"through-the-fence operation," unless an exception is granted in writing by the State due
to extreme circumstances; and
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
k. all fees collected for the use of an airport or navigational facility constructed with funds
provided under the program shall be reasonable and nondiscriminatory. The proceeds
of such fees shall be used solely for the development, operation and maintenance of the
Sponsor's system of airport(s) or navigational facility(ites). Sponsor shall not be
required to pledge income received from the mineral estate to airport use unless state
and/or federal funds were used to acquire the mineral estate of airport lands or any
interests; and
an Airport Fund shall be established by resolution, order or ordinance in the treasury of
the Sponsor, or evidence of the prior creation of an existing airport fund or a properly
executed copy of the resolution, order, or ordinance creating such a fund shall be
submitted to the State. Such fund may be an account within another fund, but must be
accounted for in such a manner that all revenues, expenses, retained earnings, and
balances in the account are discernible from other types of moneys identified in the fund
as a whole. All fees, charges, rents, and money from any source derived from airport
operations must be deposited in said Airport Fund and shall not be diverted to the
Page 5 of 25
general revenue fund or any other revenue fund of the Sponsor. All expenditures from
the Airport Fund shall be solely for airport or airport system purposes. Sponsor shall
be ineligible for a subsequent grant or loan by the State unless, prior to such subsequent
approval of a grant or loan, Sponsor has complied with the requirements of this
subparagraph; and
m the Sponsor shall operate runway lighting at least at low intensity from sunset to sunrise;
and
n 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
o. 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
p. 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
q. 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
T. it shall take all steps, including litigation if necessary, to recover funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in
any project upon which Federal and State funds have been expended. For the
purposes of this grant agreement, the term "funds" means funds, however used or
disbursed by the Sponsor or Agent that were originally paid pursuant to this or any
other grant agreement. It shall obtain the approval of the State as to any determination
of the amount of such funds. It shall return the recovered share, including funds
recovered by settlement, order or judgment, to the State. It shall furnish to the State,
upon request, all documents and records pertaining to the determination of the amount
of the funds or to any settlement, litigation, negotiation, or other efforts taken to recover
such funds. All settlements or other final positions of the Sponsor, in court or otherwise,
involving the recovery of such funds shall be approved in advance by the State.
Page 6 of 25
2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all property
upon which construction work is to be performed, or have acquired a leasehold on such
property for a term of not less than 20 years, prior to the advertisement for bids for such
construction or procurement of facilities that are part of the above project, and within the time
frame of the project, a sufficient interest (easement or otherwise) in any other property which
may be affected by the project.
The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of the
Sponsor, the Sponsor's agents or employees performed under this agreement. The Sponsor, to
the extent of its legal authority to do so, shall also save harmless the State, the State's agents,
employees or contractors from any and all expenses, including attorney fees which might be
incurred by the State in litigation or otherwise resisting the claim or liabilities which might be
imposed on the State as the result of such activities by the Sponsor, the Sponsor's agents or
employees.
4. The Sponsor's acceptance of this Offer and, ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, and the
Agreement shall comprise a contract, constituting the obligations and rights of the State of Texas
and the Sponsor with respect to the accomplishment of the project and the operation and
maintenance of the airport. Such Agreement shall become effective upon execution of this
instrument and shall remain in full force and effect for a period of at least 20 years.
5. Sponsor agrees to provide a suitable location for pre-bid and for pre-construction conferences,
and for the submission and opening of construction bids.
6. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project identified
above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of
the facility in compliance with all applicable state and federal requirements including any statutes,
rules, regulations, assurances, procedures or any other directives before, during and after the
completion of this project.
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.
8. The Sponsor shall have on file with the State, Attachment C, Certification Regarding Drug-Free
Workplace Requirements, attached and made part of this agreement.
9. Unless otherwise approved by the State, the Sponsor will not acquire or permit any contractor
or subcontractor to acquire any steel or manufactured products produced outside the United
States to be used for any project for airport development or noise compatibility for which funds
are provided under this grant. The sponsor will include in every contract a provision
implementing this special condition.
Page 7 of 25
10. 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-
acquired equipment, except for instrument landing systems.
11. SPECIAL CONDITION: For a project to replace or reconstruct pavement at the airport,
the Sponsor shall implement an effective airport pavement maintenance management program as
is required by Airport Sponsor Assurance Number 11. The sponsor shall use such program for
the useful life of any pavement constructed, reconstructed, or repaired with Federal financial
assistance at the airport. As a minimum, the program must conform to the provisions in
Attachment D 'Pavement Maintenance Management Program", attached and made part of this
agreement.
12. The Sponsor may utilize paving specifications meeting State Highway criteria for runways at
non-primary airports with lengths up to 5,000 feet and serving aircraft not exceeding 60,000
pounds gross take-off weight. The sponsor agrees not to request additional Alp funds for
reconstruction or rehabilitate of pavement construct utilizing State specification for 10 years
from pavement acceptance.
Part IV- Nomination of the Agent
1. The Sponsor designates the State as the party to apply for, receive and disburse all funds used,
or to be used, in payment of the costs of the project, or in reimbursement to either of the parties
for costs incurred.
2. The State agrees to assume the responsibility to assure that all aspects of the grant are done in
compliance with all applicable state and federal requirements including any statutes, rules,
regulations, assurances, procedures or any other directives, except as otherwise specifically
provided.
3. The State shall, for all purposes in connection with the project identified above, be the Agent of
the Sponsor. The Sponsor grants the State a power of attorney to act as its agent to perform
the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project funds
granted, allowed, and paid or made available by the State and/or the United States
under Title 49 U.S.C. and congressional appropriation;
Page 8 of 25
b. receive, review, approve and process Sponsor's reimbursement requests for approved
project costs; and
c. pay to the Sponsor, from granted funds, the portion of any approved reasonable and
eligible project costs incurred by the Sponsor that are in excess of the Sponsor's share.
Paying Agent:
d. receive, review, approve and pay invoices and payment requests for services and
materials supplied in accordance with State executed contracts;
Contracting Agent:
e. advertise for professional engineering and/or planning services for, but not limited to, the
preparation of planning studies, plans and specifications for the above project and for
the management of the construction of the above project; certify consultant selection
procedures; provide notification of contract award for professional services; and
negotiate professional services fees; and execute, on behalf of the Sponsor, a
professional services agreement as related to this project;
administer Disadvantage Business Enterprises (DBE) and/or Historically Underutilized
Business (HUB) Programs in accordance with federal and state regulations.
Contract Management Agent:
g. exercise such supervision and direction of the project work as the State reasonably
finds appropriate. Where there is an irreconcilable conflict or difference of opinion,
judgment, order or direction between the State and the Sponsor, any engineer,
contractor, or materialman, the State shall issue a written order, which shall prevail and
be controlling;
h. coordinate and review project plans, specifications and construction; coordinate and
conduct progress and final inspections.
Construction Phase:
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 and maintain record drawings.
PART V - Recitals
Page 9 of 25
The State and the Sponsor shall obtain an audit as required by federal or state regulations.
2. The Sponsor, and not the State, shall be the contractual party to all construction and
professional service contracts entered into for the accomplishment of this project. The power of
attorney, as granted by the Sponsor to the State in Part IV - Nomination of Agent, is a limited
power to perform acts in connection with airport improvements as specified in or necessitated
by this Agreement.
The Sponsor agrees to pursue and enforce contract items, which are required by federal and/or
state regulations, laws and orders to insure satisfactory performance of contract vendors. Such
items include, but are not limited to, bid bonds, payment bonds, and performance bonds.
Pursuit and enforcement of contract items may require litigation and other remedies of law.
4. The United States and the State of Texas shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incidental to, compliance with this
grant agreement.
5. This Agreement is executed for the sole benefit of the contracting parties and is not intended or
executed for the direct or incidental benefit of any third party. Furthermore, the State shall not
be a parry to any other contract or commitment, which the Sponsor may enter into or assume,
or have entered into or have assumed, in regard to the above project.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written notice
to the Sponsor, suspend the grant in whole or in part. The notice of suspension shall contain the
following:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
C. Notification that consideration will be given to terminating the grant after the corrective
action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider the
suspension or termination. Such request for reconsideration shall be made within 45 days after
receipt of the notice of suspension or termination.
This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. 241.001 et seq. (Vernon and Vernon
Supp.). Failure to comply with the terms of this Agreement or with the rules and statutes shall
be considered a breach of this contract and will allow the State to pursue dme remedies for
breach as stated below.
Page 10 of 25
a. Of primary importance to the State is compliance with the terms and conditions of this
Agreement. If, however, after all reasonable attempts to require compliance have
failed, the State finds that Sponsor is unwilling and/or unable to comply with any of the
terms and conditions of this Agreement, the State may pursue any of the following
remedies: (1) require a refund of any money expended pursuant to the Agreement, (2)
deny Sponsor's future requests for aid, (3) request the Attorney General to bring suit
seeking reimbursement of any money expended on the project pursuant to the
Agreement, provided however, these remedies shall not limit the State's authority to
enforce its rules, regulations or orders as otherwise provided by law, (4) declare this
Agreement null and void, or (5) any other remedy available at law or in equity.
b. Venue for resolution by a court of competent jurisdiction of any dispute arising under
the terms of this Agreement, or for enforcement of any of the provisions of this
Agreement, is specifically set by Agreement of the parties in Travis County, Texas.
8. The State reserves the right to amend or withdraw this Agreement at any time prior to
acceptance by the Sponsor. The acceptance period cannot be greater than 30 days after
issuance unless extended by the State, which extension shall not be unreasonably be denied or
delayed.
9. This Agreement constitutes the full and total understanding of the parties concerning their rights
and responsibilities in regard to this project and shall not be modified, amended, rescinded or
revoked unless such modification, amendment, rescission or revocation is agreed to by both
patties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including 5 and 7 of
Article 11 of the Texas Constitution, if applicable) and to the availability of funds which lawfully
may be applied.
11. The Sponsor's acceptance of this Agreement and ratification and adoption of the Airport
Project Participation Agreement shall be evidenced by execution of this instrument by the
Sponsor. This Offer and Acceptance shall comprise a Grant Agreement, as provided by the
Title 49 U.S.C., constituting the contractual obligations and rights of the United States, the State
of Texas and the Sponsor with respect to the accomplishment of the Project and compliance
with the assurances and conditions as provided.
12. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
Page 11 of 25
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 lAz day of IV22Z,92&,12 , 2005
The Citv of Denton. Texas
o r
p2t-le~~
Ii YVI S
Witnes gnature Sponsor Signa
bmtJ-1, "fu Se-cre~dY U L:i fu ~"Ian,2ge r
Witness Tie Sponsor rtle
Certificate of Sponsor's Attorney
I> J r -1P&-~ acting as attorney for C I T/ o r Ol/~ J
Texas, do certify that I have fully examined the Agreement and the proceedings taken by the Sponsor
relating, and find that the manner of acceptance and execution, of the Agreement by the Sponsor, is in
accordance with the laws of the State of Texas.
Dated at o r,,,Jo j , Texas, this 2 day of D 20 0,.
Witness Signature
Le.CAI SE'1X2ia-a/
Witn s Title
X67
Page 12 of 25
Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
activating and/or carrying out the orders, established policies or work programs and grants heretofore
approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date: /
Page 13 of 25
ATTACHMENT A
CERTIFICATION OF AIRPORT FUND
The Sponsor does certify that an Airport Fund has been established for the Sponsor, and that all fees,
charges, rents, and money from any source derived from airport operations will be deposited for the
benefit of the Airport Fund and will not be diverted for other general revenue fund expenditures or any
other special fund of the Sponsor and that all expenditures from the Fund will be solely for airport
purposes. Such fund may be an account as part of another fund, but must be accounted for in such a
manner that all revenues, expenses, retained earnings, and balances in the account are discernible from
other types of moneys identified in the fund as a whole.
The City of Denton, Texas
(Sponsor)
B.
Title: J/J/~~/caG~~
Date: H/A~ 6 ~Zo
Page 14 of 25
ATTACHMENTS PART V ASSURANCES
A. General. Airport Sponsors
1- These assurances shall be complied wiW in the performance of
noise comp mbiiity Program
grants for rep sponsors. grant agreements for airport development airport planning, and
2. These assurances are required to be submitted as part of the project Airport Project Participation A
to as "APPA") by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, 0 amended. As weedy hereeiinn,,
the term "public agency sponsor" means a public agency with control of a Publinuse airport the term "private sponsor' means a Priva
of.
c.use
and the 3. Upontaccptance ordeligrant oferr by theponsorr, these assurances are incorporated in and become private sponsor.
Part of the grant agreement
B. Duration and Applicability.
r- Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,
conditions and assura nces of the grant agreement shall remain in full force and effect throughout the useful life of the facilities
developed or equipment acquired for an airport development or noise compatibility progmm project or tluuughout the useful It& of
the project items installed within a facility under a noise compatibility pmgmm project but in any event not to exceed twenty (20)
Years from the date of acceptance of a giant offer of Federal funds for the Pmjece However, there shall be no limit on the duration of
the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport There shall be no limit
on the duration of the tennis, conditions, and assurances with respect to real property acquired with federal funds, Furthermore, the
duration of the Civil Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I also
applies to a private sponsor except that the useful life of pmject items installed within a facility or the useful life of the facilities
developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten
(10) years from the date of acceptance of Federal aid for the project
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement only Assurances 1, 2, 3, 5, 6,
13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement
shall remain in full force and effect during the life of the pmject.
C. Sponsor CertiRcation. The sponsor hereby assures and certifies, wi0i respect to this grant that:
General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies,
guidelines, and requirements as they relate to the pmjec4 acceptance and use of Federal funds for this pmject including but not
lirnited to the following:
Federal Legislation
2. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act -40 U.S.C. 276(a), et seo.'
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, at seq,
d. Hatch Act - 5 U.S.C. 1501, at seq.'
e. Uniform Relocation Assistance and Real Property
f National Historic Preservation Act of 1966 - Section 106 - Acquisition 6 Policies Ac[ of 1970 Tide 42 U.S.C. 4601 e. t sea.'
roug.
9. Archeological and Historic Preservation Act of 1974. 16 UI.S6.CU.S.C. 470(f) 1
U.S.C. 469 t thhrough 469c.'
h. Native irnAlean. Grave Repatriation Act - 25 U.S.C Section 3001, et sea.
i. Clean Air Act P.L. 90-148, as amended.
J Coastal Zone Management Act P.L. 93-205, as amended
it. Flood Disaster Protection Act of 1973 - Section 102(x) - 42 U.S.C. 4012a.'
1. Title 49,U.S.C., Section 303, (formerly known as Section 4(f))
in. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea.
P American Indian Religious Freedom Act, P.L. 95-341, as amended
q. Architectural Barriers Act o(1968 42 U.S.C. 4151, et sm.'
c Power Plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.'
a. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seo.'
I. Copeland Amikickback Act - 18 U.S.C. 874. '
U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321 e, t sea.'
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
W. Single Audit Act of 1984 - 31 U.S.C. 7501, et sea.'
X. Drag-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity
Executive order 11990- Protection of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 - InuTgovemmental Review of Federal Progiams.
Executive order 12699 - Seismic Safety of Federal and Federally Assisted New Building Canstrucfion
Executive order 12898 - Environmental Jnsrice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings.
Page 15 of 25
C. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part I - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans
or grants from the United States.'
f 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction
(also labor standards provisions applicable to non-construction contracts subject to the Contract Work Bourn and Safety
Standards Act).'
g. 41 CFR Part 60 - Office of Fedeml Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor
(Federal and federally assisted contacting requirements).'
It. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local
govemments.°
i. 49 CFR Part 20 - New restrictions on lobbying.
j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of
Title VI of the Civil Rights Act of 1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
1. 49 CFR Part 24 -Uniform relocation assistance and real property acquisition for Federal and federally assisted
programs.
in. 49 CFR Part 26 - Participation By Disadvantaged Business Enterprises in Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on Ore basis of handicap in programs and activities receiving or benefiting from
Federal
financial assistance'
o. 49 CFR Part 29 - Government wide debarment and suspension (non-procurement) and government wide requirements
for drug-tee workplace (grants).
P. 49 CFR Part 30 - Denial of public works contacts ta suppliers of goods and services of counties 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.'
Once of Management and Budget Circulars
a A-87 - Cost Principles Applicable to Grants and-Contracts with Sleh and Local Governments.
b. A-133 - 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-87 contain requirements for State and Local Governments receiving
Federal assistance. Any requirement levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal assistance order Title 49, United
States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or cimulars are incorporated
by reference in the giant agreement
Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant and m finance and carry out the proposed
project: that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicators
governing body authorizing the filing of the APPA, including all understandings and assumoces contained therein, and
directing and authorizing the person identified as the official representative of the applicant ta act in connection with the
APPA and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and m finance and tarty out the proposed project and
comply with all terms, conditions, and assurances of this grant agreement It shall designate an official representative
and shall in writing direct and authorize that person to file this APPA, including all understandings and
assurances contained therein; to act in connection with this APPA; and to provide such additional information as may
be required
3. Sponsor Fund Availability. It has sufficient fonds available for that portion 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 which
it will own or control.
4. Good Title.
a 14 a public agency or the Federal government- holds good title, satisfactory m the Secretary, to the lending area of
the airport or site thereof, or will give assurance satisfactory in the Secretary that good fide will be acquired
b. For noise compatibility progrun pmjects to be carried out on the property of the sponsor, it holds good title
satisfactory to the Secretary to that portion of the property upon which Federal foods will be expended or will give
assurance to the Secretary that good title will be obtained.
5. 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 temt5, conditions, and assurances in the grant agreement without the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others
which would interfere with such performance by the sponsor. This shall be done in a manner acceptable m the
Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property
shown on Exhibit A to this APPA or, for a noise compatibility program project that pardon of the property upon
which Federal funds have been expended. for the duration of the terms, conditions, and assurances in the grant
agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49,
United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial
resources to carry cut all such obligations, the sponsor shall insert in the contract or document transferring or disposing
Page 16 of 25
of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in
this grant agreement
c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on
property owned by a unit of local government other than the sponsor, it will enter into an agreement with that
government Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same
terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a giant 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 arm.
compliance with the terms of the agreement
d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement
with the owner of that property, which includes previsions specified by the Secretary. It will take steps to enforce this
agreement against die property owner whenever there is substantial noncompliance with the Terms of the agreement.
e If the sponsor is a private sponsor, it will take steps satisfactory in the Secretary to ensure that the airport will continue
to function as a publiouse airport in accordance with these assumnces for the duration of these assurances.
f If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor
or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be
operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith.
6. Consistency with Local Plane. The project is reasonably consistent with plans (existing at the time of submission of this
APPA) of public agencies that are authorized by the Share in which the project is located to plan for the development of the area
surrounding the airport
7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near when the project may
be located.
B. Consultation with Users. In making a decision to undertake any airport development project under Tide 49, United States Code,
it has undertaken reasonable consultations with affected parties using the airport at which pmject is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded
the opportunity for public hearings br the purpose of considering the economic, social, and environmental effects of the airport or
runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it
shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects,
it has on its management board either voting representation from the communities where the pmject is located or has advised the
communities that they have the right to petition the Secretary concerning a proposed project
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will
provide for the Governor of the state in which the project is located to certify in writing in the Secretary that the project will be
located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where
such standards have not been approved and where applicable air and water quality standards have been promulgated by the
Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty days after the project APPA has been received by the Secretary.
if. Pavement Preventive Maintenance. With respect to a pmject approved after January 1, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenmce-
management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or
repaired with Federal financial assistance at the airport It will provide such reports on pavement condition and pavement
management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defned in
Title 49, it has, on the date of submittal of the project grant request, all the safety equipment required for certification of such
airport under section 44706 of Title 49, United States Code, and all the security equipment required by rate or regulation, and has
provided for access to die passenger capturing and deplaning area of such airport in passengers enplaning and deplaning from aircraft
other than air carrier aircraft
13. Accounting System, Audit, and Record Keeping Requirements.
S. 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 pmject in connection with which the grant is given or used, and the amount
or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to
the pmject The accounts and records shall be kept in accordance with an accounting system that will facilities, an
effective audit in accordance with the Single Audit Act of 1984,
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly
authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the
recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient.
In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the
proceeds of a grant or relating to the project in connection with which the grant was given ar used, it shall file a
certified copy of such audit with the Comptroller General of the United Stares not later than six (6) months following
the close of me fiscal year for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of 82.000 for work on any projects funded antler the grant
agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labia, in
accordance with the Davis-Bacon Act as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled
labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve
labor, such previsions as are necessary to insure that. in the employment of labor (except in executive, administrative, and
Page 17 of 25
supervisory positions), preference shall be given to Veterans of the Vietnam ere and disabled veterans as defined in Section 47112 of
Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified W perform
the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by
the Secretary. Such plans, specifications, and schedules shall be submitted th the Secretary prior to commencement of site
preparation, construction, or other performance under this grant agreement, and upon approval of the Secretary, shall be
incorporated into this grant agreement Any modification In the approved plans, specifications, and schedules shall also be subject
to approval of the Secretary, and incorporated into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site
throughout die project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the
project. It shall subject the construction work on any project contained in an appmved project APPA to inspection and approval by
die Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations
and procedures shall require such cost and progress reporting by die sponsor or sponsors of such project as the Secretary shall deem
necessary.
is. Planning Projects. In carrying out planning projects:
a It will execute the project in accordance with die approved pmgmm narrative contained in the project APPA or with the
modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work
activities.
C. It will include in all published material prepared in connection with the planing project a notice that the material was
prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with finds
under this project shall be subject to copyright in the United Slates or any other country.
C. 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 die Sxretary the right to disapprove tie sponsor's employment of specific consultants and their
subcontractors to do all or any part of this project as well as die right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the tight to disapprove the use of the sponsor's employees to do all ar any part of the project
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning
material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the
Secretary to approve any pending or future request for a Federal airport grant
19. Operation and Maintenance.
a The airport and all facilities which are necessary to serve die aeronautical users of the airport. other than facilities owned
or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance
with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for
maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use
for airport purposes. It will suitably operate and maintain die airport and all facilities thereon or connected therewith,
with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical
purposes must first be approved by the Secretary.
In furtherance of this assurance, the sponsor will have in effect arrangements for-
(I) Operating the airport's aeronautical facilities whenever required,
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and
(3) Promptly notifying airmen of my condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use diving emporary
periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair, nomination, or replacement of any structure or facility
which is substantially damaged or destroyed due m an act of God or other condition or cimuccstance beyond the control
of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal
funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and
protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict
the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport
operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it
will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport far public use on reasonable terms and without unjust discrimination to
all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to
the public at the airport.
b. In any agreement contract, lease, or other arrangement under which a right or privilege at the airport is granted to any
person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at
the airport, the sponsor will insert and enforce provisions requiring the contractor to-
Page 18 of 25
renable, and not unjustly discriminatory, basis to all users thereo , an
rites for each unit ar service, Provided that the contractor may
famish said services on a aso
(2) charge reasonable, other similar types of pal ca reductions to
(1) and not unjustly discriminatory. P
counts, rebels, or as
be allowed to make reasonable and nondiscriminatory dis
the
ect to the same races, fees, rentals, and other charges
volume purchasers. It shall he subj
based operator at the airpo are
° Each fixed- ed Ope to all other fixed-based operators making the same or similar uses of such airport and utilizing
uniformly applicable ce itself of to mic fixed-based operator drat hs
same or similar facilities. ve the d Each air carrier using such Re ry n i hserve anygair carrier+at sucF airport. an fees, rentals, and
the as a tenant, noncenant or subtenant of another air conditions, carrier rates, tcanq shall be
authorized or permitted by
suchh airport ( b onamon as art applicable
e Each air caner nng and substantially comtapp y rmellated t reo provulations, iding air ts, subject in reasonable
subject to Inch nondisc t m fat ities directly and subs
other charges with reap
to all such air car riers which make similar use of such airport and ort pNa~ an facilities,
ca
imposed w on thhe air ld Carriers any in airport Provi ieda n a can. Classification or status as
rich classification or e ra, assumes obligatons
classifhcatlons such h pe not be unreasona,,, and ably
I'm, or corporation
lose already Stam's operating
m s erson,
tenant Of sighatory but not
g,
substan tially similar rat any right or p^snlege which operates to pre vent iany ts P own employees (mc l u dIn
f it will not exercise or gc° erformlit any servics on its own airefa erfft
the airport owrmith ita the services
on from P
airemft air, and fueling] that it may choose to P.
limited to maintenance, rep ta and privileges referred to in this assurance,
In the event the sponsor htaelf exercises any of the high I to the furnishing of such services by commercial
involved will be provided on the same conditions a would app provisions
g omm, order these . to be met by all sers of the
aeronautical service providers authorized le the sP retort sthe airport
Tike sponsor may reasnable and not orjmfis discriminatory, conditions
establish such o , hh
airport if such action is
F. be necessary or the safe and efficient one autical
eiR°rt as may rohibit or limit any given type, kind or class of scroll the may p rve the civil aviat usone of nee
'the sponsor ds of the public.
the safe operation of the airport or necessary to se
for erson providing, or intending to provide,
necessary
f the airport by any P
oses of this Paragraph, the providing of the services at an airport by a single fixed-based
Exclusive Rights' It will parort no exclusive of right for the the One use o Provide such
aeronautical services to the public. For ph of the up
or impractical for more than one fared-based operator to P
It be construed se; in old be mummonably costly, r'burdensome, following app
Operator shall or
rovide such service would require the reduction of space leased
a
services, and operator to P ed orator and such airpoR
b. If allowing more then one fixed-bssed -b" OP
any Person, firm, or corporation, the exclusive right at Permit pursuant to an existing a directly
greement betwec such singl` u n bu Pilot tra.. aim R must and ining' either directly or in, grant charter flights. ces, sale
s that it will not, including, but not limitedm ons, aircraft sale
It further agree s end s<rvi
nautical actvitic%• and surveying, air carrier operati air and maintenance of
the airport to conduct any aero crap dusting, aerial advertising mmical activity, rep
sightseeing, aerial Photograp by' to the opembon of ahttat ran be
or not condu in conjunction
of aviation petroleum Products whetheother activities which because of twr direct Iclabo ItP now existing at such an
airo fa sale of airemIt Parts, and any
conduct an aeronautical activity
regarded as an
aerone as activity, and that it will terminate any exclusive rig t
rt which will make
fore the grant of any assistanceunderTitle 49, United States Code.
airport be for the facilities and services It the airyo
airp ort, telling fill airp account such factors
articular
d rt development ort Planning or clse
24 Fee and Rental Structure. It will maintain a fee an rental swc it and Airway Improvement Act of
the airport as selfsustaining as possible order the circumstances existing at the p of or airport
tm, No part of the Federal share
n the volurrhe of tiaific and ecorwmy of t+s collec made under Title 49, United Stares Code, the Airpo the rate basis in
compatibility project for which a gran Airport and Airway
1982 Developmeat Act of 1970 shall be included fi , the Federal Airpo rt Ac[ or the establishing fees, fates, and charges for users of that airport.
of rho[ airport. d after December 30, 1987, will be
23.
25 Airport Reveni n. A and any local taxes on aviation fuel establ de or other local facilities which mu ned All revenues genera by tat er o . cots of the a+R°1l: the local airport system; ate t t
a rt and which am directly and substanteollrty provided. lroweveul
expended by it for the cap of the aITP0 ous on or off the vR emior of the
rrem oP
owned or operated by the owner or oPaefar or for noise mitgation P°rp m10 r
onation of passengers ar prop ray: [ember 3,1982, by
air tiansp l oveming statutes conwlling ( id, r or ms; I ts
that if covenants oc assruances in debt obember 3 '198 m g re Sep m{s facn, indudmg th airport,
It enacted before Sep o{the airport owner or opera
n but I. the airport owner of operalots general debt obligations or ocher cal Wes, then
fi provde for t h e use of the revenues from any a of a public airport. local taxn on
nancing. to su
ort otonly the ai rport
pp i of all revenues generated by t+e airport (and in the cos
airport. this limi or tation on the use sponsor will direct that the audit will
3f , the
aviation net shall is pply. the use of airport revenue and taxe in
gain a
sfiffied
b As part of the annual audit required under pthe rovide d an O pinion to the Ownerort operator are paid or tree d
review, and that resulting all it report funds paid an opinion concerning,
any other applicable provision of law, inclu leg e
re provisions
paragraph (a), and indicating 9 United manner consistent wth Titthe Secretary oraAdministramr f this assurance in accordance
gulation promulgated it by
Any civil penalties othtt sanctions will he imposed for violaton o with the
Section 47107 of Tille 49, United States Code.
Of may reasonably request
ons as the Sacmtary laces a report of
26 Reports and Inspections. It will' such annual or special financial and operations rep
I submit to the Secretary available l the airport including
and make the airport such repo {°^^atPrtscribed by the Sermunry:lable [o the public at reasonable times a P
ects, make the a+Rort and all airport records and documents affecting
budget in a avafor airport development proj 6r inspection by any duly
and use agreements, regulations and other instruments' aval ,
deeds, lease, development
b.
authorized agent of die Secretary upon reasonable request:
Page 19 of 25
C. for noise compatibility program projects, make records and documents relating in the project and continued compliance
with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and
other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide in the Secretary and make available to the public following
each of its fiscal years, an annual report listing in detail:
(it all amounts paid by the airport to any other unit of government and the purposes for which each such
payment was made; and
(ii) all services and property provided by the airport to other units of government and the amount of
compensation received for provision of each such service and property.
27. Use by Government Aircraft. It will make available all 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 Goverment aircraft in common with other
aircraft at all limes without charge, except, if the use by Goverment aircraft is substantial, charge may be made for a reasonable
share, proportional to such use, for the cast 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 Goverment aircraft will be
considered to exist when operations of such aimraft are in excess of those which, in the opinion of the Secretary, would unduly
interfere with ass of the landing areas by other authorized aircraft, or during any calendar month that-
a. Five (5) or more Goverment 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 Goverment aircraft is 300 or more, or the
gross accumulative weight of Goverment aircraft using the airport (the total movement of Goverment aircraft
multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will famish without cost to the Federal Government fir use in connection with any air traffic
ca mai cr air navigation activities, or weather-reporting and communication activities related to air trat6c control, any areas of land
or water, or estate therein, or rights in buildings of the sponsor as the Summary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be
made available as pmvided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Plan.
a it will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all ot7site areas owned or controlled by the sponsor for
airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities
and structures (such as runways, taxiways, aprons, terminal buildings, hangars and mads), including all proposed
extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation
areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the
signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not
make or permit any changes or alterations in the airport or any of its facilities which 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 airport
b. If a change or alteration in the airport or die facilities is made which the Secretary determines adversely affects the safety,
utility, or efficiency of any federally owned, leased or funded property on or of the airport and which is not in
conformity with tie airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the
Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) beer all costs of relocating such
property (or replacement thereat) to a site acceptable in the Secretary and all casts of maturing such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change
in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed
color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds
received from this grant This insurance obligates the sponsor for the period during which Federal financial assistance is extended
to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or
interest therein or structures or improvements thereon in which case the announce obligates the sponsor or any transferee for the
longer of the following periods: (a) the period daring which the property is used for a purpose for which Federal financial assistance
is extended or for another purpose involving the provision of similar services or benefits, or (b) the period during which the
sponsor retains ownership or possession of the property.
33. Disposal of Land.
a For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land when the land is
no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land will, at the disenchant of
the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund or 2) be reinvested in an approved noise
compatibility project as prescribed by the Secretary.
b. (1) For land pumhased under a grant for airport development purposes (other than noise compatibility), it will, when
the land is no longer needed for airport purposes, dispose of such land at fair market value or make available m 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 (b) 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 purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim
uses of such land contributes to the fimancial selfsufficiency of the airport. Further, land purchased with a grant received
by an airport operator or owner before December 31, 1987, will be considered te be needed for airport purposes if the
Secretary or Federal agency making such grant before December 31, 1997, was notified by the operator or owner of the
Page 20 of 25
uses of such land, did not object to such use, and die land continues to be used for that purpose, such use having
commenced no later than December 15, 1989.
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 purposes which are compatible with noise levels associated
with operation of the airport.
32. Engineering and Design Services. It will award each contract, or subcontract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying,
mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is
negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based
requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by the United States Trade
Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procumment
and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited m the advisory circulars listed in the Current FAA Advisory Circulars for Alp
projects, dated 7/1/99 and included in this grant, and in accordance with applicable state policies, standards, and specifications
approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable
under Stale law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for
necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49
CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
11
36. Access By Intercity Buses. The airport owner or operator will permit, to die maximum extent practicable, intercity buses or other
modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for
other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in
the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49
CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in
the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as
approved by DOT, is incorporated by reference in this agreement Implementation of this program is a legal obligation and failure
to carry out its terms shall be heated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its
approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer die
matter for enforcement under 18 U.S.C. 1001 and/or die Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
Page 21 of 25
CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/l/99
The following apply to both AIP and PFC Projects
NUMBER
TITLE
70/7460-I]
Obstruction Marking and Lighting
150/5000-13
Announcement of Availability-RTCA Inc., Document RTCA-221, Guidance and Recommended
Requirements for Airport Surface Movement Sensors
150/5100-14C
Architectural, Engineering, and Planning Consultant Services for Airport Grant Pmjects
150/5200-30A, CHG 1 & 2
Airport Winter Safety and Operations
15015200-33
Hazardous Wildlife Attractants On or Near Airports
15015210-513
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-7B
Aircraft Fire and Rescue Communications
150/5210-13A
Water Rescue Plans, Facilifies, and Equipment
150/5210-14A
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15
Airport Rescue & Firefighting Station Building Design
150/5210-18
Systems for Interactive Training of Airport Personnel
150/5210-19
Drivers Enhanced Vision System (DEVS)
150/522048
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-1 OB
Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles
150/5220-13B
Runway Surface Condition Sensor Specification Guide
150/5220-I6B
Automated Weather Observing Systems for NonFederal Applications
150/5220-17A
Design Standards for Aircraft Rescue Firefighting Training Facilities
15015220-18
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-19
Guide Specification for Small, Dual-Agent Aircraft Rescue and Firefighting Vehicles
150/5220-20, CHG 1
Airport Snow and Ice Control Equipment
150/5220-21A
Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments
150/5300-13, CHG 1, 2, 3, 4, 5
Airport Design
150/5300-14
Design of Aircraft Deicing Facilities
150/5300-15
Use of Value Engineering for Engineering Design of Airport Grant Projects
15015320-SB
Airport Drainage
150/5320-61)
Airport Pavement Design and Evaluation
150/5320420
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Cannot Purposes
150/5320-16
Airport Pavement Design for the Boeing 777 Airplane
150/53254A, CHG 1
Runway Length Requirements fm Airport Design
150/5340-IG
Standards for Airport Markings
150/534040, CHG I & 2
Installation Details for Runway Centerline Touchdown Zone Lighting Systems
150/5340-5B, CHG 1
Segmented Circle Airport Marker System
150/5340-148, CHG 1&2
Economy Approach Lighting Aids
150/5340-17B
Standby Power for Non-FAA Airport Lighting Systems
150/5340-18C, CHG 1
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting System
150/5340-21
Airport Miscellaneous Lighting Visual Aids
150/5340-23B
Supplemental Wind Canes
150/5340-24, CHG 1
Runway and Taxiway Edge Lighting System
15015340-27A
Air-to-Ground Radio Control of Airport Lighting Systems
150/5345-31)
Specification for L821 Panels for Remote Control of Airport Lighting
150/5345-5A
Circuit Selector Switch
15015345-7D, CHG 1
Specification for L824 Underground Electrical Cable for Airport Lighting Circuits
15015345-IOE
Specification for Constant Current Regulamn Regulator Monitors
150/5345-12C
Specificafion for Airport and Heliport Beacon
15015345-13A
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Circuits
150/5345-26B, CHG 1 & 2
Specification for L823 Plug and Receptacle, Cable Connectors
150/5345-27C
Specification for Wind Cone Assemblies '
150/5345-28D, CHG 1
Precision Approach Path Indicator (PAPI) Systems
150/5345-39B, CHG 1
FAA Specification L853, Runway and Taxiway Centerline Rcmareflective Markers
150/534542C, CHG 1
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories
150/5345438
Specification for Obstruction Lighting Equipment
150/534544F, CHG I
Specification for Taxiway and Runway Signs
1501534545A
Lightweight Approach Light Structure
150/534546A
Specification for Runway and Taxiway Light Fixtures
150/534547A
Isolation Transformers for Airport Lighting Systems
150/534549A
Specification L854, Radio Control Equipment
150/5345-50, CHG 1
Specification for Portable Runway Lights
150/5345-51, CHG 1
Specification for Discharge-Type Flasher Equipment
150/5345-52
Generic Visual Glideslope Indicators (GVGI)
150/5345-53A, (including addendum)
Airport Lighfing Equipment Certification Program
150/5360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
15015360-12A
Airport Signing & Graphics
150/5360-13, CHG I
Planning and Design Guidance for Airport Terminal Facilities
150/5370-2C
Operational Safety on Airports During Construction
150/5370-6B
Construction Progress and Inspection Report-Airport Grant Program
Page 22 of 25
150/5370-I OA CHG 1, 2, 3, 4, 5, 6, 7, 8, 9
Standards for Specifying Construction of Airports
150/5370-11, CHG 1
Use of Nondestructive Testing Devices in the Evaluation of Airport pavements
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5390-2A
Heliport Design
150/5390-3
Vertiport Design
Page 23 of 25
ATTACHMENT C
REGARDING DRUG-FREE WORKPLACE REQUIRENWIM
A. The grantee certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions
that will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing drug-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under
the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officei or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has designated a central point for the receipt of such
notices. Notices shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with
respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (f),
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection
with the specific grant:
Check _ if t)t6ere)are workplacesrln file tlyk are not identified here.
Signed:
Dated: / - [o - o 3
Typed Name and Title of Sponsor Representative
Page 24 of 25
Place of Performance (Street address, city, county, state, zip code)
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 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.
a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of
recorded pavement deterioration is available, i.e. Pavement Condition Index (PCI) survey as set forth in
Advisory Circular 150/5380-6, Guidelines and Procedures for Maintenance of Airport Pavements, the
frequency of inspections may be 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. Complete information on the findings of all detailed inspections and other maintenance
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 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 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
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 25 of 25
ORIGINAL
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT Project No.:AP DENTON 5
TxDOT CSJ No.: 0418DNTON
TxDOT Contract No.: 4XXAV042
Amendment No. 01 to the Agreement
Part I - Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of Transportation
The City of Denton, Texas, hereinafter referred to as the "Sponsor," and the Texas
Department of Transportation, hereinafter referred to as the "State," have entered into an Airport
Project Participation Agreement TxDOT CSJ Number 0418DNTON, executed by the Sponsor on
December 2, 2003, and by the State on January 14, 2004, for the development of the Denton
Municipal Airport, hereinafter referred to as the "Airport".
The project is described as follows: design/engineering services to construct parallel
taxiway; construct stub taxiway to north general apron and pave 2 grass islands; construct
corporate apron; install medium intensity taxiway lights with separate circuits and regulator;
replace visual approach slope indicator with precision approach path indicator-4 Runway 17-35
at the Denton Municipal Airport as approved by the Texas Transportation Commission on
October 30, 2003.
It is in the mutual interest of the Sponsor and the State to decrease the agreement by
$223,667 based on the negotiated fee.
Part Il - Offer of Financial Assistance, estimates total project costs to be $413,667; and
financial assistance is currently limited to $372,300 in federal funds and $41,367 in local sponsor
funds.
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendment by the Sponsor and the State.
The Airport Project Participation Agreement is amended as follows:
1. On Part II, Item No. 2 of the Agreement, change Amount A, estimated total design costs,
Page 1 of 3
and any further references in the Agreement to Amount A, to $190,000.
2. On Part H, 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 $190,000.
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 $171,000.
4. On Part II, 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 $19,000.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
This Amendment to the Airport Project Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this / day of z%luvE 206
The City of Denton, Texas
Sponsor
Wit ess Signature
APPROVED AS TO
CITY ATTOMEY
CITY OF PATOW
BY:
Page 2 of 3
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
David S. Fulton, Director
Aviation Division
Texas Department of Transportation
Date: Cl'~- -7
Page 3 of 3
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development)
TxDOT CSJ No.: 0418DNTON
TxDOT Project No.: AP DENTON 5
TxDOT Contract No.: 4XXAV042
Commission Approval: May 29, 2003
October 30, 2003
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 0418DNTON, executed by the Sponsor on
December 2, 2003, and by the State on January 14, 2004, for the development of the Denton
Municipal Airport, hereinafter referred to as the "Airport".
The project is described as follows: design/engineering services to construct parallel
taxiway; construct stub taxiway to north general apron and pave 2 grass islands; construct
corporate apron; install medium intensity taxiway lights with separate circuits and regulator;
replace visual approach slope indicator with precision approach path indicator-4 Runway 17-35
at the Denton Municipal Airport.
It is in the mutual interest of the Sponsor and the State to increase the agreement by
$11,790 for additional design services associated with the drainage for the parallel taxiway.
Part I1- Offer of Financial Assistance, as changed by Amendment No. 01, estimates total
project costs to be $190,000; and financial assistance is currently limited to $171,000 in federal
funds and $19,000 in local sponsor funds.
The following amendment to the Airport Project Participation Agreement shall become
effective upon execution of this Amendment by the Sponsor and the State.
The Airport Project Participation Agreement is amended as follows:
Page 1 of 3
1. On Part H, Item No. 2 of the Agreement, change Amount A, estimated total design costs,
and any further references in the Agreement to Amount A, to $201,790.
2. On Part II, 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 $201,790.
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 $181,611.
4. On Part II, 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 $20,179.
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
This Amendment to the Airport Project Participation Agreement between the City of
Denton, Texas, and the Texas Department of Transportation is mutually agreed to and accepted.
Executed this Z~ day of e-", 4le4 200
The City of Denton Texas
Sponsor
Aa 14 Sponsor Siggnnature
A,ttPmr lAaNf~i~cAly //*Iv
Sponsor Title
Page 2 of 3
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:/ O /o //-6
Page 3 of 3
TxDOT Contract No.: 4XIAV042
TxDOT Project No.: AP DENTON 5
TxDOT CSJ No.: 0418DNTON
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
SUPPLEMENTAL AGREEMENT NO. 01
TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT
This supplemental agreement to the Professional Engineering Services Agreement is
made by and between the City of Denton, hereinafter called the "Sponsor," acting by and through
the Texas Department of Transportation, hereinafter called the "Agent" and KSA Engineers Inc.,
hereinafter called the "Engineer."
The Sponsor and the Engineer executed an agreement on June 17, 2004 for
engineering/design services at the Denton Municipal Airport.
Section 5 - Payments to the Engineer, limits the maximum amount payable under the
agreement without modification of the agreement to $190.000.00.
It has become necessary to amend the agreement for additional engineering design
services.
The Sponsor and the Engineer agree in consideration of their mutual promises that said
agreement is amended as follows:
A. Add Additional Services as authorized in Section 4-Additional Services as follows:
1. Add a lump sum fee of $11,785.00 for engineering/design to revise the drainage
associated with construction of the parallel taxiway to comply with the City of Denton
requirements.
2. Increase the contract time for the Final Design phase by three weeks for a total of
nine weeks as shown on "Amended Attachment C, Work Schedule," attached and made a
part of this contract.
B. Amend Section 5 - Pavments to the Eneineer as follows:
Change Section 5.4.1. Payment to Engineer to: The maximum amount allowable for
payment under the Professional Engineering Services Agreement is $201.785.00.
Page 1 of 3
All other terms and conditions of the agreement are unchanged and remain in full force
and effect.
IN WITNESS WHEREOF, the Sponsor and the Engineer have executed triplicate
counterparts of this Supplemental Agreement.
ENGINEER
By: AhWz
Mitchell L. Fortner, P.E.
Name:
(Print or type)
140 E. Tyler Street, Suite 600
(Address)
THE STATE OF TEXAS
COUNTY OF
Date $'1t-o5
Title: VP - NSA Engineers, Inc.
(Name of Firm)
Longview, TX 76601
(City, State, Zip)
Before me, the undersigned authority, on this day personally appeared
Mitchell L, Fortner. known to me to be the Engineer named in this contract, or the Engineer's
authorized representative, and is the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he/she has authority to execute and has executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 31 shay of August A.D. 2005.
No Public, State of Texas 110 AIEEDA R. &W M
WCOMMUMUYM
s b
(Printed or typed name)
My Commission expires -,a
Page 2 of 3
ACCEPTANCE OF THE STATE
Executed by and approved for the Texas Transportation Commission, agent for the Sponsor, for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By: -o Ll Date: / a
Page 3 of 3
AMENDED ATTACHMENT C
WORK SCHEDULE
TxDOT CSJ NO.: 0418DNTON
Preliminary Engineering Report Phase 8 weeks
Preliminary Design Phase 6 weeks
Final Design Phase 9 weeks
Bidding Phase As needed
Please note: The above times do not include TxDOT or Sponsor review time
Amended C-1