2001-067-RES ACCEPTING GRANT AWARD FROM TXDOT ETAL FOR AIRPORT DEVELOPMENT PROJECT
RESOLUTION NO.
2001-067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ACCEPTING THE GRANT A WARD FROM THE TEXAS
DEPARTMENT OF TRANSPORT ATION, AVIATION DIVISION, FOR THE
AIRPORT DEVELOPMENT PROJECT KNOWN AS THE 2001 COX FIELD
AIRPORT IMPROVEMENT PROJECT, TXDOT PROJECT NO. AP PARIS
1; AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT,
TXDOT CONTRACT NO. lXXFA094; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of April,
2001, in Resolution No. 2001-036, request federal Non-Primary Entitlement funds from the Texas
Department of Transportation for improvements to Cox Field Airport as follows: (I) install new
water lines throughout the airport terminal and hangar area; (2) provide drainage and dirt work in
preparation for the building of new T-hangars to be rented to the flying public; and (3) install taxi
lanes around the new T -hangars to be built and rented to the flying public; and,
WHEREAS, the Texas Department of Transportation, Aviation Division, has issued its
Grant Award for the airport development project known as the 2001 Cox field Airport Improvement
Project, TxDOT Project No. AP PARIS I, in the total amount of$150,000.00, requiring matching
contribution of$16,667.00; and,
WHEREAS, acceptance of the same must occur within fifteen (15) days of the date of said
award, which occurred on May 3,2001; and,
WHEREAS, it is deerned to be in the best interests of the citizens of Paris that the City of
Paris accept said Grant Award and continue to improve Cox field Airport; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all things
approved.
Section 2. That the Grant Award for the airport development project known as the 200 I Cox
Field Airport Improvement Project, TxDOT Project No. AP PARIS I, in the total amount of
$150,000.00, requiring matching contribution of$16,667.00, be, and the same is hereby, accepted.
Section 3. That the form of Grant Agreement, TxDOT Contract No. IXXF A094, attached
hereto as Exhibit A, be, and the same is hereby, approved.
Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf
of the City of Paris, Grant Agreement, TxDOT Contract No. lXXF A094, under the terms and
conditions and in the form shown in Exhibit A, attached hereto.
Section 5. That this resolution shall become effective frorn and after its date of passage.
PASSED AND ADOPTED this 14th day of May, 2001.
~~~~
Michael J. Pfies r, Ma r
ATTEST:
.
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
TxDOT'Contract No.:IXXFA094
TxDOT CSJNo.:OIOIPARIS
TxDOTProjectNo.: APPARIS 1
Part I - Identification of the Project
TO:
The City of Paris, 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 Paris, 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: install new water lines throughout the airport terminal
and hanger area; provide drainage and dirt for hanger access and install taxi lanes around the new
T -hangers at the Cox Field.
The Sponsor applies for federal financial assistance and desires the State to act as the
Sponsor's agent in matters connected with the project described above.
The parties, by this Agreement, do fix their respective responsibilities, with reference to
each other, with reference to the accomplishment of the project and with reference to the United
States.
Pursuant to and for the purpose of carrying out the provisions of Title 49 U.S. C., and in
consideration of (a) the Sponsor's adoption and ratification of the representations and assurances
contained in the Airport Project Participation Agreement and its acceptance of this Offer as
provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the project and compliance with the assurances and conditions as herein
provided, THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR AND ON
BEHALF OF THE UNITED STATES, FEDERAL AVIATION ADMINISTRATION
(HEREINAFTER REFERRED TO AS THE "FAA"), HEREBY OFFERS AND AGREES
to pay, as the United States share of the allowable costs incurred in accomplishing the project,
ninety percentum of all allowable project costs. This grant is made on and subject to the following
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EXHIBIT A i
terms and conditions:
Part II - Offer of Financial Assistance
-
1. The allowable costs of the project shall not include any costs determined by the State to be
ineligible for consideration as to allowability under Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21-22, et seq., (Vernon and Vernon Supp), and the
Airport Zoning Act, Tex. Loc. Govt. Code Ann. ~~ 241.001 et seq. (Vernon and Vernon.
Supp).
2. It is estimated that estimated design/engineering project costs will be approximately
$166,667.00 (Amount A). It is further estimated that approximately $166,667.00
(Amount B) of the project costs will be eligible for federal financial assistance, and that
federal financial assistance will be for ninety percent (90%) of the eligible project costs.
Final determination of federal eligibility of total project costs will be determined by the
State in accordance with federal guidelines following completion of project.
In the event that federal funds are unavailable, this Agreement shall automatically be
voided and become of no force and effect, except that unexpended or unencumbered
moneys actually deposited by the Sponsor and held with the State for project purposes
shall be returned to the Sponsor.
3. The maximum obligation of the United States payable under this offer shall be
$150,000.00 (Amount C).
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 $16,667.00
(Amount D). The Sponsor specifically agrees that it shall pay any project costs which
exceed the sum of the federal share (Amount C).
It is further agreed that the Sponsor will reimburse the State for any payment or payments
made by the State in behalf of the Sponsor which are in excess of the federal percentage of
financial 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 construction project costs exceed Amount A,
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:
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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 ofthis paragraph
shall constitute a breach ofthis 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 not increase the grant to
cover the amount of overrun. The Sponsor is responsible for all overruns. The State will
not authorize expenditures in excess of the dollar amounts identified in this Agreement and
any amendments thereto, without the consent of the Sponsor.
Payment of the United States share of the allowable project costs will be made pursuant to
and in accordance with the provisions of such regulations and procedures as the State and
FAA, shall prescribe. Final determination of the United States share will be based upon
the final audit of the total amount of allowable project costs and settlement will be made
for any upward or downward adjustments to the Federal share of costs.
8. Sponsor, by executing this Agreement certifies, and upon request, shall furnish proof to
the State that it has sufficient funds to meet its share of the costs as stated. The Sponsor
grants to the State and federal government the right, upon advance written request during
reasonable and regular business hours, to audit any books and records of the Sponsor to
verifY 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.
Expenditures for eligible project costs for the above project made by the State or the
Sponsor prior to the award of a federal grant for said project, and prior to actual receipt of
the authority to expend federal grant funds, shall be made from Sponsor funds.
MontWy grant payments to the Sponsor will be made upon request to the State. Payments
of the State's share of the allowable . project costs will be made in proportion to the
amount expended by the Sponsor for the eligible project costs. No more than ninety (90)
percent of the total grant will be paid prior to the completion of the project. The last ten
(10) percent of the grant will be paid only after the staff has inspected and approved the
completed project.
10. The State shall make all reasonable attempts to acquire federal funding for the completion
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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 ill - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
. _'" i.
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
9199), attached and made a part ofthis Agreement; and
c. it will comply with the Attachment C, Pavement Maintenance Management
Program, attached and made a part ofthis Agreement; and
d.
it will, in the operation of the facility, comply with all applicable state and federal
laws, rules, regulations, procedures, covenants and assurances required by the
State of Texas or the FAA in connection with the federal grant; and
e.
the Airport or navigational facility which is the subject of this Agreement shall be
controlled for a period of at least 20 years, 'and improvements made or acquired
under this project shall be operated, repaired and maintained in a safe and
serviceable manner for the useful life of the improvements, not to exceed 20 years;
and
f
consistent with safety and security requirements, it shall make the airport or air
navigational facility available to all types, kinds and classes of aeronautical use
without unjust discrimination between such types, kinds and classes and shall
provide adequate public access during the term ofthis Agreement; and
g.
it shall not grant or permit anyone to exercise an exclusive right for the conduct of
aeronautical activity on or about an airport landing area. Aeronautical activities
include, but are not limited to scheduled airline flights, charter flights, flight
instruction, aircraft sales, rental and repair, sale of aviation petroleum products and
aerial applications. The landing area consists of runways or landing strips,
taxiways, parking aprons, roads, airport lighting and navigational aids; and
h.
it shall not permit non-aeronautical use of airport facilities, unless noted on an
approved Airport Layout Plan, without prior approval of the StateIF AA:, and
it shall not enter into any agreement nor permit any aircraft to gain direct ground
access to the Sponsor's airport from private property adjacent to or in the
immediate area of the airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to this prohibition,
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commonly known as a "through-the-fence operation," unless an exception IS
granted in writing by the State due to extreme circumstances; and
J. it will acquire all property interests identified as needed for the purposes of this
project and comply with all applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State of Texas or the FAA
in connection with the federal grant in the acquisition of such property interests;
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
k. the Sponsor shall submit to the State annual statements of airport revenues and
expenses as requested; and
1. 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 receivea 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 therein; and
m. an Airport Fund shall be established by resolution, order or ordinance in the
treasury of the Sponsor, or evidence of the prior creation of an existing airport
fund or a properly executed copy of the resolution, order, or ordinance creating
such a fund shall be submitted to the State. Such fund may be an account within
another fund, but must be accounted for in such a manner that all revenues,
expenses, retained earnings, and balances in the account are discernible from other
types of moneys identified in the fund as a whole. All fees, charges, rents, and
money from any source derived from airport operations must be deposited in said
Airport Fund and shall not be diverted to the general revenue fund or any other
revenue fund of the Sponsor. All expenditures from the Airport Fund shall be
solely for airport or airport system purposes. Sponsor shall be ineligible for a
subsequent grant or loan by the State unless, prior to such subsequent approval of
a grant or loan, Sponsor has complied with the requirements of this subparagraph;
and
n. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
o. insofar as it is reasonable and within its power, Sponsor shall adopt and enforce
zoning regulations to restrict the height of structures and use ofland adjacent to or
in the immediate vicinity of the airport to heights and activities compatible with
normal airport operations as provided in Tex. Loc. Govt. Code Ann. ~~ 241.001
et seq. (Vernon and Vernon Supp.). Sponsor shall also acquire and retain aviation
easements or other property interests in or rights to use of land or airspace, unless
Sponsor can show that acquisition and retention of such interests will be
impractical or will result in undue hardship to Sponsor. Sponsor shall be ineligible
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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 hliZard
zoning ordinance or order approved by the State; and
p. it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project; and
q. after reasonable notice, it will permit the State, the FAA, and any consultants and
contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated with
this project, to enter private property for purposes necessary to this project; and
r. all development of an airport constructed with program funds shall be consistent
with the Airport Layout Plan approved by the State and maintained by the
Sponsor. A reproducible copy of such plan, and all subsequent modifications, shall
be filed with the State for approval; and
s. it shall take all steps, including litigation if necessary, to recover funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in
any other manner in any project upon which Federal and State funds have been
expended. For the purposes of this grant agreement, the term "funds" means
funds, however used or disbursed by the Sponsor or Agent that were originally
paid pursuant to this or any other grant agreement. It shall obtain the approval of
the State as to any determination of the amount of such funds. It shall return the
recovered share, including funds recovered by settlement, order or judgment, to
the State. It shall furnish to the State, upon request, all documents and records
pertaining to the determination of the amount of the funds or to any settlement,
litigation, negotiation, or other efforts taken to recover such funds. All settlements
or other final positions of the Sponsor, in court or otherwise, involving the
recovery of such funds shall be approved in advance by the State.
2. The Sponsor certifies to the State that it will have acquired clear title in fee simple to all
property upon which construction work is to be performed, or have acquired a leasehold
on such property for a term of not less than 20 years, prior to the advertisement for bids
for such construction or procurement of facilities that are part of the above project, and
within the time frame of the project, a sufficient interest (easement or otherwise) in any
other property which may be affected by the project.
3. The Sponsor, to the extent of its legal authority to do so, shall save harmless the State, the
State's agents, employees or contractors from all claims and liability due to activities of the
Sponsor, the Sponsor's agents or employees performed under this agreement. The
Sponsor, to the extent of its legal authority to do so, shall also save harmless the State, the
State's agents, employees or contractors from any and all expenses, including attorney fees
which might be incurred by the State in litigation or otherwise resisting said claim or .
liabilities which might be imposed on the State as the result of such activities by the
Sponsor, the Sponsor's agents or employees.
Page 6 of 27
4. The Sponsor's acceptance of this Offer and ratification and adoption of the Agreement
incorporated shall be evidenced by execution of this instrument by the Sponsor, as
provided, and said Agreement shall comprise a contract, constituting the obligations and
rights of the State of Tex~s and the Sponsor with respect to the accomplishment of the
project and the operation and maintenance of the airport. Such Agreement shall become
effective upon execution of this instrument and shall remain in full force and effect for a
period of at least 20 years.
5. The Sponsor and not the State shall, for all purposes, be the "Sponsor" of the project
identified above as defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for
operation of the facility in compliance with all applicable state ana federal requirements
including any statutes, rules, regulations, assurances, procedures or any other directives
before, during and after the completion ofthis project.
6. The Sponsor by execution of this grant, certifies that it has implemented, or will
implement during this project, an effective airport pavement maintenance management
program, and it assures that it will use such program during the period of this Agreement.
It will provide upon written request, such reports on pavement condition and pavement
management programs as the State determines may be useful. -Failure to comply with this
condition may make the Sponsor ineligible for future grants.
7. The Sponsor agrees to assume the responsibility to assure that all aspects of the grant and
project are done in compliance with all applicable state and federal requirements including
any statutes, rules, regulations, assurances, procedures or any other directives, except as
otherwise specifically provided herein.
8. Unless otherwise approved by the State, the Sponsor will not acquire or permit any
contractor or subcontractor to acquire any steel or manufactured products produced
outside the United States to be used for any project for airport development or noise
compatibility for which funds are provided under this grant. The sponsor will include in
every contract a provision implementing this special condition.
9. SPECIAL CONDITION: Except for instrument landing systems acquired with AlP
funds and later donated to and accepted by the FAA, the Sponsor must provide for the
continuous operation and maintenance of any navigational aid funded under the AlP
during the useful life of the equipment. The sponsor must check the facility, including
instrument landing systems, prior to commissioning to ensure it meets the operational
standards. The Sponsor must also remove, relocate, or lower each obstruction on the
approach or provide for the adequate lighting or marking of the obstruction if any
aeronautical study conducted under FAR Part 77 determines that to be acceptable; and
mark and light the runway, as appropriate. The Federal Aviation Administration will not
take over the ownership, operation, or maintenance of any sponsor-acquired equipment,
except for instrument landing systems.
10. The Sponsor shall have on file with the State:
a. A current and approved Attorney's Certificate of Airport Property Interests and
Exhibit A property map; and
Page 7 of 27
b. Attachment D, Certification Regarding Drug-Free Workplace Requirements,
attached and made a part of this agreement.
11. The Sponsor shall submit the following certifications, as appropriate, for compliance with
statutory and administrative requirements of the federal grant:
a. Sponsor Certification for Selection of Consultants;
b. Sponsor Certification for Project Plans and Specifications;
c. Sponsor Certification for Equipment/Construction Contracts;
d. Sponsor Certification for Construction Project Final Acceptance;
e. Sponsor Certification for Real Property Acquisition.
12. The Sponsor shall administer Disadvantage Business Enterprises (DBE) Program in
accordance with federal regulations. They shall report the amount of participation to the
State for the period ending September 30 of each year the grant is open no later than
October 15 of each year the grant is open. Submission shall be made using Department of
Transportation (DOT) Form 4630 "Report of DBE Goal Accomplishments" and a
"Report of Certified DBE Contractors Used on FAA Assisted Contracts."
Additionally the Sponsor shall submit with each reimbursement or payment request form,
the amount of DBE participation during the period of that request on TxbOT form
"Subcontractor Monitoring System" and when appropriate "D:aE Prime Contractor
Payments to Non-DBE Subcontractors."
13. The Sponsor shall submit to the State the following:
a. documentation of official designation of the consultant selection committee,
evaluation criteria, scoring matrix and consultant ranking; and
b. if property acquisition is funded under this grant, documentation of the
professional service contracts (e.g. surveyor and appraisal), and negotiation and
settlement agreements; and
c. prior to entering into professional services contract: copies of the independent
engineering fee analysis and negotiation summary; and
d. advance notification ofthe project pre-design meeting; and
e. prior to start of preliminary design phase: design option selected after review of
the preliminary engineering report; and . -
f prior to advertising for construction: engineering plans, specifications, bid
documents, and draft construction contract; and
Page 8 of 27
g. prior to construction contract award: bid tabulation and recommendation of award;
and
h. following execution: copy of the construction contract;. and
1. advance notification of pre-construction meeting; and '
j. . pdor to execution: construction change orders and supplemental agreements; and
k. notification of the final inspection; and
1. copies of the as-built plans and Exhibit A, property map, if changed from the one
on file with the Aviation Division.
Part IV-Responsibilities of the State
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 said project, or in reimbursement to either
of the parties hereto for costs incurred.
2. The State shall, for all purposes in connection with the project identified above, be the
Agent of the Sponsor. The Sponsor herewith grants the State a power of attorney to act
as its agent to perform the following services:
Receiving Disbursing Agent:
a. apply for, accept, receive, and deposit with the State Treasury any and all project
funds granted, allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant
thereto, and the Sponsor;
b. receive, review, approve and process Sponsor's reimbursement requests for
approved project costs. MontWy grant payments to the Sponsor will be made
upon request to the State. Payments of the State's share of the allowable project
costs will be made in proportion to the amount expended by the Sponsor for the
eligible project costs. No more than ninety (90) percent of the total grant will be
paid prior to the completion of the project. The last ten (10) percent of the grant
will be paid only after the staff has inspected and approved the completed project.
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 determined to be eligible by the State;
Page 9 of 27
e. when applicable; receive, review and approve reimbursement requests for
reasonable and eligible property acquisition costs incurred by the Sponsor,
provided the required documentation is sL!Pplied.
3. Responsibility ofthe State shall include, if appropriate, but not be limited to:
a. concurrence with project scope; and
b. verification of consultant selection process; and
c. review and concurrence with property acquisition procedures; and
d. concurrence with engineering fee; and
e. attendance at the project pre-design meeting; and
f. review and concurrence in design options based on preliminary engineering report;
and
g. review and acceptance of engineering plans, specifications, bid documents, and
construction contract; and
h. concurrence in the contract award based on bid tabulations; and
1. attendance at the pre-construction meeting; and
j. occasional visits to the project site during construction; and
k. review and concurrence with construction change orders and supplemental
agreements; and
I. attendance at the final inspection meeting; and
m. maintaining record drawings:
PART V - Recitals
1. The Sponsor shall obtain an audit as required by federal or state regulations; and procure
and forward to the State and FAA such specific project documentation as is necessary to
complete all aspects of this project.
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
Page 10 of 27
specified in or necessitated by this Agreement.
3. The Sponsor agrees to pursue and enforce contract items, which are required by federal
and/or state regulations, laws and orders to insure satisfactory performance of contract
vendors. Such items include, but are not limited to, bid bonds, payment bonds, and
performance bonds. Pursuit and enforcement of contract items may require litigation and
other remedies oflaw.
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 incident to, compliance with this
grant agreement. -
5. This Agreement is executed for the sole benefit of the contracting parties and is not-
intended or executed for the direct or incidental benefit of any third party. Furthermore,
the State shall not be a party to any other contract or commitment which the Sponsor may
enter into or assume, or have entered into or have assumed, in regard to the above project.
6. If the Sponsor fails to comply with the conditions of the grant, the State may, by written
notice to the Sponsor, suspend the grant in whole or in part.- The notice of suspension
shall contain the following:
a. The reasons for the suspension and the corrective action necessary to lift the
suspension;
b. A date by which the corrective action must be taken;
c. Notification that consideration will be given to terminating the grant after the
corrective action date.
In the case of suspension or termination, the Sponsor may request the State to reconsider
the suspension or termination. Such request for reconsideration shall be made within 45
days after receipt of the notice of suspension or termination.
7. This Agreement is subject to the applicable provisions of Title 49 U.S.C., the V.T.C.A.
Transportation Code, Title 3, Chapters 21- 22, et seq., (Vernon and Vernon Supp.), and
the Airport Zoning Act, Tex. Loc. Govt. Code Ann. ~~ 241.001 et seq. (Vernon and
Vernon Supp.). Failure to comply with the terms of this Agreement or with the
aforementioned rules and statutes shall be considered a breach of this contract and will
allow the State to pursue the remedies for breach as stated below.
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 herein, (2) deny Sponsor's future requests for aid, (3) request the
Attorney General to bring suit seeking reimbursement of any money expended on
the project pursuant to the Agreement herein, provided however, these remedies
Page 11 of 27
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 parties in writing and executed by both parties.
10. All commitments by the Sponsor and the State are subject to constitutional and statutory
limitations and restrictions binding upon the Sponsor and the State (including ~~ 5 and 7
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 ofthis Agreement and ratification and adoption of the Airport
Project Participation Agreement incorporated shall be evidenced by execution of this
instrument by the Sponsor, as provided, and this Offer and Acceptance shall comprise a
Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual
obligations and rights of the United States, the State of Texas and the Sponsor with
respect to the accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become effective upon the
State's written Notice to Proceed issued following execution of this agreement.
Page 12 of 27
Part VI - Acceptance of the Sponsor
The City of Paris, Texas, does ratifY and adopt aU statements, representations, warranties,
covenants and agreements constituting the described project and incorporated materials referred
. .
to in the foregoing Agreement, and does accept the Offer, and by such acceptance agrees to all of
the terms and conditions of the Agreement.
Executed this
day of
,2001.
The City of Paris. Texas
Sponsor
Witness Signature
. Signature
Witness Title
Title
Certificate of Sponsor's Attorney
I, , acting as attorney for
Texas, do certifY that I have fully examined the foregoing Agreement and the proceedings taken
by the Sponsor relating, and find that the manner of acceptance and execution, of the Agreement
by Sponsor, is in accordance with the laws of the State of Texas.
Dated at
, Texas, this
day of
,2001.
Witness Signature
Attorney's Signature
Witness Title
Page 13 of 27
Part VII - Acceptance of the State
Executed by and approved for the Texas Transportation Commission for the purpose and effect of
activating and/or carrying out the orders, established policies or work programs and grants
approved and authorized by the Texas Transportation Commission.
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Date:
Page 14 of 27
ATTACHMENT A
CERTIFICATION OF AIRPORT FUND
The Sponsor does certifY that an Airport Fund has been established for the Sponsor, and that all
fees, charges, rents, and rnoney 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 earnin-gs, and balances in the
account are discernible from other types of moneys identified in the fund as a whole.
The City of Paris. Texas
(Sponsor)
By:
Title:
Date:
Page 15 of 27
A1TACII~IENT D
PART V ASSURANCES
Airport Sponsors
A. General.
1. These assurances shall be complied with in the perfonnance of grant agreements for airport development, airport planning. and
noise compatibility program grants for airport sponsors. i
2. These assurances are required to be submitted as part of the project Airport Project Participation Agreement (hereinafter
rererred to as "APPA") by sponsors requesting IUnds under the provisions ofTiUe 49, U.S.C., subtiUe VII, as amended. As used
herein, the leon "public agency sponsor" means a public agency with control of. public-use airport; the term "private sponsor"
means a private O\mCf ofa public-use airport; and the tenn "sponsortt includes both public agency sponsorS and private
sponsors. .
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement.
B. DuratIon and AppUcabllity.
1. AIrport development or Noise Compatibility Program ProJecu Undertaken by a Public Agency Sponsor. The tenns,
conditions and assurances of the grant agreement shall remain in lUll force and effect throughout the uselUllife of the facilities
developed or equipment acquired for an airport development or noise compatibility program project, or throughout the usclUl
1ife of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed
twenty (20) years from the date of acceptance of a grant offer ofFederallUnds for the project. 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 tenns, conditions, and assurances with respect to real property acquired with
federallUnds. Furthennore, 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 uselUllife of project items installed within a facility or the usclUllifc 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 graul agreement. only Assurances I, 2, 3, "
6, 13, 18,30,32,33, and 34 in section C apply to planning projects. The tenns, conditions, and assurances of the grant
agreement shall remain in lUll force and effect during the life of the project.
C. Sponsor Certification. The sponsor bereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federalla.... regulations, executive orders, policies,
guidelines, and requirements as they relate to the project, acceptance and use ofFederallUnds for this project including but not
limited to the following:
Federal Legislation
.. Title 49, U.S.C., subtiUe VI~ as amended.
b. Davis-Bacon Act. 40 US.C. 276(a), ~.'
c. Federal Fair Labor Slandards Act. 29 U.S.C. 201, et seq.
d. Hatch Act -, U.S.C. 1'01, etseq.'
c. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 460 I~."
f. National Historic Preservation Act of 1966 - Section 106.16 US.C. 470(1).'
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.c. 469 through 469c.'
h. Native Americans Grave Repatriation Act. 2' US.C. Section 3001, et sea.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-20', as amended.
Ie. Flood Disaster Protection Act of1973 . Section 102(a) - 42 U.S.C. 4012..'
1. Title 49 ,U.S. C., Section 303, (formerly kno"" as Section 4(1))
m. Rehabilitation Act of 1973 . 29 US.C. 794.
n. Civil Rights Act of 1964 - TiUe VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of1975 . 42 U.S.C. 610I,~.
p. American Indian Religious Freedom Act, P.L. 9'-341, as amended.
q. Architectural Barri.... Act of 1968 -42 U.S.C. 4151, et sea.'
r. Power plant and Industrial Fuel Use Act of 1978 . Section 403. 2 U.S.C. 8373.'
s. Contract Work Hours and Safety Standards Act. 40 U.S.C. 327, et sea.'
l Copeland Antikickback Act. 18 U.S.C. 874. '
u. National Environmental Policy Act of1969 - 42 U.S.c. 4321. et sea.'
v. Wild and Scenic Rivers Act, P.L. 90-'42, as amended.
w. SingJeAuditActof1984.31 U.S.C. 750I,~.'
x. Drug-Free Workplace Act of1988. 41 U.S.C. 702 through 706.
Executive Onlen
Executive Order 11246. Equal Employment Opportunity'
Executive Order 11990 . Prolcction of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372 -Intergovcnunental Review of Federal Programs.
Executive Order 12699 . Seismic Safety of Federal and Federally Assisted New Building Construction '
Executive Order 12898 - Environmental Justice
Page 16 of 27
others ".hich would interfere with such ~rfonnance by the sponsor. This shall be done in a manner acceptable to
the Secretary.
b. It will not sell, lease, encumber, or otherwise transrer or dispose or any part of its title or olher interests in I,.b~
property shoMl on Exhibit A to this APPA or, for a noise compatibility program project, that portion of the property
upon which Federal funds have been eKpended. for the duration of the temu, 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 out all such obligations. the sponsor shall insert in the contract or document transferring
or disposing of the sponsor's interest. and make binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreemenL
c. For all noise compatibility program projects which are to be carried out by another unit oflocal govcnunent or arc
on property owned by a unit oflocal govenunent other than the sponsor, it will enter into an agreement with that
govenunenL Except as otherwise specified by the Secretary, that agreement shall obligate that govenunent to the
same terms, conditions, and usurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the
Secretary. It will take steps to enforce this agreement against the local govenunent if there is substantial non-'
compliance with the tenns of the agreemenL
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 provisions spe<:ified by the Secretary. It will take steps to
enforce this agreement against the property owner whenever there is substantial non.oCompliance with the terms of
the agreemenL .
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will
continue to function as a publlc-use airport in accordance with these assurances 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 1LJTal1gement also requires compliance
therewith.
6. . Consistency with Local Plans. The project is reasonably consistent with plans (cooing at the time of submission of this
APPA) of public agencies that are authorized by the Slate in which the project is located to plan for the development of the area
surrounding the airport.
7. Consideration or Local Interest. It has given rair consideration to the interest of communities in or near where the project
may be located.
8, Consultation with U.era. In making a de<:ision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
9. Public Hearln:s. In projects involving the location of an airport. an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the pulJlOSC 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
conununity 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 project
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 eldension, or runway location it
will provide for the Govemor of the state in which the project is located to certifY in writing to the Secretary that the project will
be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any 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 siltty days after the project APP A has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January I, 1995, for the replacement or
reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement .
maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal fmancial assistance at the airport. It will provide such reports on pavement condition and
pavement management programs as the Secretary determines may be useful.
12. Termlnal Development Prerequisites. For projects which include tenninal development at a public use airport, as defmed 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 rule or regulation, and
has provided for access to the passenger enplaning and deplaning area of such airporlto passenger> enplaning and deplaning
from aircraft other than air carrier aircraft.
13. AccounUn& System, AudIt, and Record Keepln& Requirement..
L It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the
proceeds of the grant, the total cost of the project in cOMection 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 fmancial records
pertinent to the projecL The accounts and records shall be kept in accordance with an accounting system that will
facilitate an effective audit in accordance with the Single Audit Act of 1984.
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 elWllination, any books, documents, papen, and records of
the recipient that are pertinent to the granL The Secretary may require that an appropriate audit be conducted by a
Page 18 of 27
recipient. In any case in which an independ~nt audit is made of the accounl.s of a sponsor relating to the disposition
of the proceeds ofa grant or relating to the project in cOMection with which the grant was given or used, it shall file
a certified copy of such audit with the Comptroller General of the United States not later than six (6) monU;<;
following the close of the tiscal year for which the audit was made.
1.&. MInimum \Vage Rates. It shan include. in all contracts in excess of $2,000 for work on any projects funded under the grant
agreement which involve labor, provisions establishing minimum rates of wages. to be prede~ennined by the Secretary of
Labor, in accordance with the Davis-Bacon Act, IS amended (40 U.S.C. 276a-276a.S), which conteactol1l 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 contracll for work on any project funded under the grant agreement which
involve labor. such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative.
and supervisory positions). preference shall be given to Veterans of the Vietnam era and disabled veterans IS defmed in Section
47112 of Title 49, United Slates Code. However, thU preference shall apply only where the individuals are available and
qualified to perfOml the work to which the employment relates.
16. Conformity to Plans and Speclllcatlons. It will execute the project subject to plans, specifications, and schedules approved
by the Secretary. Such plans, specifications, and schedules ahall be submitted to the Secretary prior to commencement of site
preparation, construction, or other perfonnance under this grant agreement, and, upon approval of the Secretary, shall be
incorporated into thU grant agreemenl Any modification to the approved plans, specifications, and schedules shall also be
subject to approval of the Secretary, and incorporated into the grantagreemenl
17. Co....trucllon Inspection and Approval It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work confonns 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 approved project APP A to inspection and
approval by the 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 the sponsor or sponsol1l of such project as the
Secretary shall deem necessary. -
18. Planning Projects. In carrying out plarming projects:
L It will execute the project in accordance with the approved program narrative contained in the project APP A or with
the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports IS required pertaining to the plarming project and plarming
work. activities.
c. It will include in all published material prepared in coMection with the plarming 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 funds
under thUproject shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material
prepared in coMecti.on with this grant
f. It will grant the Secretary the right to disapprove the sponsors employment of specific consultants and their
subcontractol1l to do all or any part of this project IS well IS the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsors employees to do all or any part of the
project.
h. It undernands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any
plarming material developed IS part ofthU 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 ailport granl
19. Operation and MaIntenance.
L The ailport and all facilities which are necessary to serve the aeronautical users of the ailport, 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 IS may be required or prescribed by applicable Federal, state and I~
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 the ailport and all facilities thereon
or COMCcted therowith, with due regard to climatic and flood conditions. Any proposal to temporarily close the
ailport for non-aeronautical purposes must fust be approved by the Secretary.
In furtherance ofthU assurance, the sponsor will have in ell'ect &lTatIgements for-
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly nwlcing and lighting hazards resulting from ailport conditions, including temporary conditions; and
(3) Promptly noti/)'ing ainnen of any condition affecting aeronautical use of the ailporl
Nothing contained herein shall be construed to require that the ailport be operated for aeronautical use during
temporary 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, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed due to an act ofOod or other condition or
circumstance 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 Removol and MItigation. It will take appropriate action to assure that such lenninalairspace IS is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and
Page 19 of 27
rrotccted by removing. lowering. relocating. marking. or lighting or oth~rwisc mitigating existing airport hazards and by
preventing lite establishment or creation offuture airport hazards.
. 21. Compatible Land Use. It will take appropriate action. to the e:\1ent 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 nonnal
airport operations, includin,g landing and takeoff of aircraft. In addition. uthe project is for noise compatibility program
implementation. it will not cause or pennit 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.
.. It will make the airport available as an airport for public use on reasonable tenns and without unjust discrimination
to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities otrering
services to the public at the airport ..
b. In any agreemen~ conlract.leasc, or other arrangement under which a right or privilege at the airport is granted to
any p...on, fum, 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 <:Qntractor to-
(i) furnish said services on a reasonable, and not unjustly discriminatory, basis to all us... thereof; and
(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor
may be allowed to make reasonable and nondiscriminatory discounts. rebates, or other sUnilar types of price
reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are
uniformly applicable to all olber fixed.based operators making Ibe same or similar uses of such airport and utilizing
the same or similar facilities.
d. Each air carrier using such airport shall havelbe right to service itself or to use any flXed.based operator that is
aulborized or penniUed by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whelber .. a tenan~ nontenan~ or subtenant of anolber air carrier tenant) shall
be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, f.... rentals,
and olber charges with respect to facilities directly and substantially related to providing air transportation as are
applicable to all such air carri... which make similar use of such airport iild utilize similar facilities, subject to
reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers.
Classification or status as tenant or signatory shall not be unreasonably wilhheld by any airport provided an air
carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or
status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, fum, or corporation
operating aircraft on the airport from performing any services on its own aircraft wilb its own employees [including.
but not Hmited to maintenance. repair, and fueling] that it may choose to perfonn.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services
involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
aeronautical service providers authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the
airport as may be ncces.sary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type. kind or class of aeronautical use of the airport if such action is
necessary for the safe operation oCtile airpo.rt or necessary to serve the civil aviation needs of the public.
23. Esdu..tve Rights. It will pennit no exclusive right for the use oflbe airport by any person providing. or intending to provide,
aeronautical services to Ibe public. For purposes of this paragraph, the providing oflbe services at an aUport by a singlelixed.
based operator shall not be construed as an exclusive right ifboth of the following apply:
L It would be unreasonably costly, burdensome. or impractical for more than one fixed~based operator to provide such
services, and
b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased
pursuant to an existing agreement between such singlefixed-based operator and such airport.
It further agrees that it will no~ either directly or indirectly, grant or permit any person, fum, or corporation, the exclusive right
at Ibe airport to conduct any aeronautical activities, including. but not limited to charter nights, pilot training. aircraft rental
and sightseeing. aerial photography, crop dusting. aerial advertising and surveying. air carrier operations, aircraft sales and
services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity. repair
and maintenance of aircraft, sale of aircraft parts, and any olber activities which because of their direct relationship to lIie
operation of aircraft can be regarded .. an
aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an
airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self.sustaining as possible under the circumstances existing at Ibe pacticular airport, taking into account
such factors as the volume of traffic and economy of collection. No part oflbe Federal share of an airport developmen~ airport
planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway
Improvement Act of i982, Ibe Federal Airport Act or the Airport and Airway Development Act of i970 shall be included in the
rate basis in establishing fees, rates, and charges for us... ofthataUport.
25. AIrport Revenues. ...
.. All revenues generated by Ibe airport and any local taxes on aviation fuel established after December 30, 1987, will
be expended by it for Ibe capital or operating costs oflbe airport; the local airport system; or olber local facilities
which are owned or operated by the owner or operator oflbe airport and which are directly and substantially rel~
to Ibe actual air transportation of passeng... or property; or for noise mitigation purposes on or otrlbe airport.
Provided, however, that ifcovenants or assurances in debt obligations issued before September 3, i982, bythe
owner or operator oflbe airport, or provisions enacted before September 3, i982, in governing statutes controlling
Page 20 of 27
the o\\oner or operator's financing. provilk for the uS!: of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the ai[J)Ort but also the airport o"ner or operator's general debt
obligations or other facilities. then this limitation on the use of all revenues generated by the airport (and, iJ: the case
of a public airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will
review. and the resulting audit report will provide an opinion concerning. the use of airport revenue and taxes in
paragraph (a). and indicating whether funds paid or transferred to the oMler or operator are paid or transferred in a
manner consistent with Title 49. United States Code and any other applicable provision of law, including any
regulation promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assuran~ in accordance with the
provisions of Section 47107 of Title 49, United States Code.
26. Reports and Impedlo.... It will:
a. submit to the Secretary such annual or special fUWlcial and operations reports Ls the Secretary may reasonably
request and make such reports available to the public; make available to the public at reasonable times and places a
report of the airport budget in a folllla! prescribed by the Secretary;
b. for airport development projccu, make the airport and all airport records and documents affecting the airport,
including deeds, leases, operation and use agrccmcnts, regulations and other instruments, available for inspection by
any duly authorized agent of the Sccrctaty upon reasonable request;
c. for noise compatibility program projects, make records and documents relatmg to 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 folllla! and time prescribed by the Secretary, provide to the Secretary and make available to the public
following each of its Ii.scal years, an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of govenunent and the purposes for which each such
payment wu made; and
(ii) all services and propcrly 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 G<lvemment AIrcraft. It will make available all of the facilities of the airport developed with Federal fUWlcial
assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in CODUnon
with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for
a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise
detennined by the Secretary, or otherwise agreed to by the sponsor and the using sgency, substantial use of an airport by
Government aircraft. will be considered to exist when operations of such aircraft arc in excess of those which. in the opinion of
the Secretary. would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month
that-
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or
the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft
multiplied by gross weights of such aircraft) is in excess of five million pounds.
28. Land ror Federal Facilities. It will furnish without cost to the Federal Government for use in coMection with anyairlrallic
control or air navigation activities. or weather-reporting and communication activities related to air traffic control. any areas of
land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for
constnlction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion
thereofwill be made available as provided herein within four months after receipt of a 'Mitten request from the Secretary.
29. Airport Layout Plan.
a. It will keep up to dale at all times an airport layout plan ofth. airport showing (I) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all ollSite 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, tenninsl buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and pro~
Donaviation areas and of all existing improvements thereolL Such airport layout plans and each amendment,
revision, or modification thereof; shall be subject to the approval of the Sccrctaty which approval shall be evidenced
by the signature ora duly authorized representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any clwtges or alterations in the airport or any ot its facilities which are not in
conformity with the airport layout plan as approved by the Sccrctaty and which might, in the opinion of"'.
Secretary, adversely affect the safety, utility or efficiency of the airport.
b. If a change or a1tcration in the airport or the facilities is made which the Secretary determines adversely affects the
safety, utility, or efficiency of any feclcrally owned, I.....d, or funded propcrly on or off the airport and which is not
in confonnity with the airport layout plan as approved by the Secretary, the owner or operator wil~ if requested, by
the Secretary (I) eliminate such adverse effect in a manner approved by the Secretary, or (2) bear all costs of
relocating such propcrly (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such
propcrly (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. ovn Rl:hls. It will comply with such rules as are promulgated to assure that no person shal~ 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 granl This assurance obligates the sponsor for the period during which Federal fmancial assistance is
extended to the program, except where Feeleral fUWlcial assistance is to provide, or is in the fonn ofpcrsonal propcrly or real
properly or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any
Page 21 of 27
transfc:rc:e for the longer orthe following periods: (a) the period during 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 spomor relallU o\lmership or possession oflhe property.
31. Disposal orLand.
a. For land pun;:hased under a grant for airport noise compatibility purposes. it will dispose of the land, when the land
is no longer needed for such purposes, .t 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 wil~ at the '
discretion of the Secretary, I) 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. (I) For land purchased under a grant for ailport development purposes (other than noise compatibility), it will,
when the land is no longer needed for ailport purposes, dispose of such land at fair market value or make available
to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to the United States' share of the cost ot
acquisition of such land wil~ (a) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that ailport or withirt the nationalailport 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 Ca) it may be needed for
aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the reVCDue from
interim uses of such land contributes to the fUWlcial self.suflicieney of the airport. Further, land purchased with a
grant received by an ailport operator or owner before December 31, 1987, will be considered to be needed for
airport purposes if the Secretary or Federalageney making such grant before December 31, 1987, was notified by
the operator or owner oflhe uses of such land, did not object to such use, and the land continues to be used tor that
purpose, such use having commenced no later than December IS, 1989.
c. Disposition ot such land under (a) or (b) will be subject to the retention or R$CT'Vation 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. Enclneerlnc and Deslp Senices. It will award each contract, or sub-contract for jirogram managemen4 consttuction
managemen4 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. Forelp Market Restrictlons. 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 Stales Trade
Representative as denying fair and equitable market opportunities for products and suppliers of the United Stales in
procurement and construction.
34. Pollcles, Standards, and SpeclJlc:allons. It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for
AlP projects, dated 7/1/99 and included in this gran4 and in accordance with applicable state policies, standards, and
specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (I) It will be guided in acquiring real property, to the greatest extent practicable
under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will payor reimburse property OWllen 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 oftime prior to displacemen4 comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Acce.. By intercIty Buses. The airport owner or operator will permi4 to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the alrpor1. however, it has no obligation to fund special facilities tor intercity
buses or for other modes of transportation.
Dlsadvantaecd Buslncss Enterprises. The recipient shall not discriminate on the basis of race, color. national origin or sex in
the award and perfonnance of any DOT.assisted contract or in the administration ofits 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 agreementlmplementalion of this program is a legal obligation and
failure to carry out its terms shall be treated 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 the matter for enforcement under 18 U.S.C. 100 I and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.
3801).
CURRENT FAA ADVISORY CIRCULARS FOR AlPIPFC PROJECTS
The following apply to both AlP and PFC Projects
NUMBER
70n460-1J
ISO/SOOO-13
37.
Updated on: 7/1/99
ISO/SI00-14C
ISO/S200-30A, CHG I & 2
ISOIS200-33
TITLE
Obstruction Marking and Lighting
Announcement of Availability-RTCA Inc., Document RTCA-Z2I, Guidance and
Reconunended Requirements for Airport Surface Movement Sensors
Architectur:a~ Engineering, and Planning Consultant Services for Airport Grant Projects
Airport Winter Safety and Operations
Hazardous Wildlife Attractants On or Near Airports
Page 22 of 27
1~0/~210-SB
1~0/S21O-7B
ISO/S210-13A
ISO/S210-14A
ISO/S210-IS
1S0/S210-t8
ISO/S210-19
ISO/S220-4B
ISO/S220-IOB
ISO/S220-13B
ISO/S220-16B
ISO/S220-17A
ISO/S220-18
ISO/S220-19
ISO/S220-20, CHG 1
ISO/S220-2IA
ISO/S300-13, CHG I, 2, 3, 4, S
ISO/S300-14
ISO/S300-IS
ISO/S320-SB
ISO/S320-60
ISO/S320-12C
IS0/S320-14
ISO/S320-16
ISO/S32S-4A, CHG I
ISO/S340-IG
ISO/S340-4C, CHG 1 & 2
ISO/S340-SB, CHG I
ISO/S340-14B, CHG 1 & 2
ISO/S340-17B
ISO/S340-18C, CHG I
ISO/S340-19
ISO/S340-21
ISO/S340-23B
ISO/S340-24, CHG I
ISO/S340-27A
ISO/S34S-30
ISO/S34S-SA
1 SO/S34S-70, CHG 1
ISO/S34S-IOE
ISO/S34S-12C
ISO/S34S-13A
ISO/S34S-26B, CHG I & 2
ISO/S34S-27C
ISO/S34S-280, CHG I
ISO/S34S-39B, CHG 1
I SO/S34S-42C, CHG 1
ISO/S34S-43E
ISO/S34S-44F, CHG 1
ISO/S34S-4SA
ISO/534S-46A
ISO/S34S-47A
ISO/S34S-49A
I SO/S34S-S0, CHG I
ISO/S34S-SI, CHG I
ISO/S34S-S2
I SO/S34S-S3A, (including addendum)
ISO/S360-9
ISO/S360-12A
ISO/S360-13, CHG 1
ISO/S370-2C
ISO/S370-6B
ISO/5370-IOA CHG 1,2,3,4, S, 6, 7, 8, 9
ISO/S370-11, CHG 1
ISO/S370-12
ISO/S390-2A
ISO/S390-3
Painting. Marking and Lighting of Vehicles Used on an Airport
Aircraft Fire apd Rescue Conununicatioru
Water Rescue Plans, Facilities, and Equipment
Airport Fire and Rescue PmoMel Protective Clothing
Airport Rescue & Firefighting Station Building Design
Systems for Inleraclive Training of Airport PmoMel
Driver'. Enhanced Vision System (DEVS)
Water Supply Systems for Aircraft Fire and Rescue Protection
Guide Specification for Walcr/Foam Type Aircraft Rescue and Firefighting Vehicles
Runway Surface Condition Sensor Specification Guide .
Automated Weather Observing Systems for NonFedcral Applications.
Design Standards for Aircraft Rescue Firefighting Training F4,cilities
Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and
Materials
Guide Specification for Smal~ Dual-Agent Aircraft Rescue and Firefighting Vehicles
Airport Snow and Ice Control Equipment
Guide Specification for Lifts Used to Board Airline Passengers With Mobility Imjiairments
Airport Design
Design of Aircraft Deicing F..,ilities
Use of Value Engineering for Engineering Design of Airport Grant Projects
Airport Drainage
Airport Pavement Design and Evaluation
Measurcmcn~ Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
Airport Landscaping for Noise Control Purposes
Airport Pavement Design for the Boeing 777 Airplane
Runway Length Rcquirements for Airport Design
Standards for Airport Markings
Installation Details for Runway Ccolcrline Touchdown Zone Lighting Systems
Segmented Circle Airport Marker System
Economy Approach Lighting Aids
Standby Power for Non-FAA Airport Lighting Systems
Standards for Airport Sign Systems
Taxiway Ccolcrline Lighting System
Airport Miscellaneous Lighting VISual Aids
Supplemental Wind Cones
Runway and Taxiway Edge Lighting System
Air-\o-Ground Radio Control of Airport Lighting Systems
Specification for LS21 Panels for Remote Control of Airport Lighting
Circuit Selector Switch
Specification for LS24 Underground Electrical Cable for Airport Lighting Circuits
Specification for Constant Current Regulaton Regulator Moniton
Specification for Airport and Heliport Beacon
Specification for LS41 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting
Circuits
Specification for LS23 Plug and Receptacle, Cable CoMecton
Specification for Wind Con~ Assemblies
Precision Approach Path Indicator (P API) Systems
FAA Specification LSS3, Runway and Taxiway Ccolcrline Rctrorcllcctivc Markers
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories
Specification for Obstruction Lighting Equipment
Specification for Taxiway and Runway Signs
Lightweight Appro..,h Light SllUcture
Specification for Runway and Taxiway Light Fixtures
Isolation Transfonners for Airport Lighting Systems
Specification LSS4, Radio Control Equipment
Spe<:ification for Portable Runway Lights
Specification for Oischarge- T)1le Flasher Equipment
Generic VISual Glidcslope Indicaton (OVGI)
Airport Lighting Equipment Certification Program
Planning and Design of Airport Tcnninal F..,ilities at NonHub Locations
Airport Signing & Graphics
Planning and Design Guidance for Airport Tcnninal Facilities
Operational Safety on Airports During Construction
Construction Progress and Inspection Report-Airport Grant Program
Standards for Specifying Construction of Airports
Use ofNondeslnlctivc Testing Devices in the Evaluation of Airport Pavements
Quality Control of Construction for Airport Grant Projects
Heliport Design
V crtiport Design
Page 23 of26
ATTACHMENT C
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 offive 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.
Page 24 of26
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 ~re presented.
Page 25 of26
ATTACHMENTD
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
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- -
(I) 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 workpface;
(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-
(I) Abide by the tenus 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 officer or other designee on whose grant activity the convicted
employee was working, unless the Federal agency has designated a central point for the receipt of such notices.
Notices shall include the identification number(s) of each affected grant;
(t) 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-
(I) 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 (t),
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with
the specific grant:
Place of Performance (Street address, city, county, state, zip code)
Check _ if there are workplaces on file that are not identified here.
Signed:
Dated:
Typed Name and Title of Sponsor Representative
Page 26 of26