2003-09-08 Regular Meeting, Public Hearing and Workshop Meeting

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. on such property f~ tenn of not less than 20 years, prior Ihe adyertisement for bids for such construction or procurement of facilities that are part of the above project, and within the time frame 9f the project, a sufficient interest (easement or otherwise) in any other property which may He affected by the project. 3. The Sponsor, to the extent of its legal authority to do so, shall saye harmless the State, the State's agents, employees or contractors from all claims and liability due to actiyities of the Sponsor, the Sponsor's agents or employees perfonned under this agreement. The Sponsor, to the extent of its legal authority to do so, shall also saye 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 .actiyities 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 eyidenced 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 effectiye 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 proyide a suitable location for pre-bid and for pre-construction conferences, and for the submission and open~ng of construction bids. 6. The Sponsor and not the State shall, for all purpos.es; be the "Sponsor" of the project identified above ~ defined in Title 49 U.S.C. Sponsor agrees to assume responsibility for operation of the facility in compliance with all applicable stat~ and federal requirements including any statutes, rules, regulations, assurances, procedures or any other directiyes before, during and after the completion of this project. 7. The Sponsor shall haye on file with the State a current and approyed Attorney's Certificate Qf 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 Requir~ments, attached and made part of this agreement. . . _ 9. Unless otherwise approyed by the State, the Sponsor will.not acquire- or pennit any contractor or subcontractor to acquire any steel or manufactured products produced outside the UI:1ited States to be used for any project for airport deyelopment or noise compatibility for which funds are proyided under this grant. The sponsor will include in eyery contract a proyision implementing this special condition. . 10. SPECIAL CONDITION: Except for instrument landing systems acquired with AlP funds and later donated to and accepted by the FAA, the Sponsor must proyide for the continuous operation and maintenance of any nayigational aid funded under the AlP during the useful life of the equipment. The sponsor must check the facility, including instrument landing systems, pri,or to commissioning to ensure it meets the operational Page 6 of 25