HomeMy WebLinkAboutContract 45010 (2)11 072102Mi
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TEXAS DEPARTMENT OF TRANSPORTATION
AIRPORT PROJECT PARTICIPATION AGREEMENT
(Federally Assisted Airport Development Grant)
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TxDOT CSJ No.:1402MCHAM
TxDOT Project No.: AP MEACHAM 3
TxDOT Contract No. : 4XXAV 012
Commission Approval: September 26, 2013
DUNS: 073170458
C.F.D.A.:20.106
Part I - Identification of the Project
TO: The City of Fort Worth, 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 Fort Worth, 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as repealed and recodified in Title 49 United States Code, Section 47101 et seq., (hereinafter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: reimbursement of purchase of a Airport Rescue Fire
Fighting Truck at the Fort Worth Meacham International Airport.
The Sponsor applies for a grant for financial assistance for the project described above.
The parties, by this Agreement, do fix their respective responsibihties, 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 A i ; : rent- nd---its=acceptance of this Offer as
provided, and (b) the benefits to accrue to r 1,311,-)0IFfily§104-.F6091 the public from the
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JO
RECEIVED OCT 1120116
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
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.0 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 total project costs will be approximately $700,000 (Amount A). It is
further estimated that approximately $700,000 (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 $630,000
(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 $70,000 (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
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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. 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.
6. 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.
Monthly grant payments to the Sponsor will be made upon request to the State. Payments
of the State's share of the allowable project costs will be made in proportion to the amount
expended by the Sponsor for the eligible project costs. No more than ninety (90) percent
of the total grant will be paid prior to the completion of the project. The last ten (10)
percent of the grant will be paid only after the staff has inspected and approved the
completed project.
PART III - Sponsor Responsibilities
1. In accepting the Agreement, the Sponsor guarantees that:
a. it will comply with the Attachment B, Certification of Airport Fund, attached and
made a part of this Agreement; and
it will comply with the Attachment C, Certification of OMB Circular A-133 Single
Audit Requirements, attached and made a part of this Agreement; and
c. it will comply with the Attachment G, Airport Assurances (4/2013)(State Modified
4/2013), attached and made a part of this 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
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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 of this 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 State/FAA, and
i. it will not permit or enter into any arrangement that results in permission for the
owner or tenant of a property used as a residence, or zoned for residential use, to taxi
an aircraft between that property and any location on airport; and
js 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 airports) or navigational facility(ites).
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
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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. for federally funded projects any revenue from airport property mineral rights be
identified as airport revenue; deposited to the airport fund and used for airport
operations; and
o. the Sponsor shall operate runway lighting at least at low intensity from sunset to
sunrise; and
p. 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
qo it will provide upon request of the State, the engineering or planning consultant,
and the FAA copies of any maps, plans, or reports of the project site, applicable to
or affecting the above project; and
after reasonable notice, it will permit the State, the FAA, and any consultants and
contractors associated with this project, access to the project site, and will obtain
permission for the State, the FAA, and consultants and contractors associated with
this project, to enter private property for purposes necessary to this project; and
s. 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
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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.
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.
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 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. 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.
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6. 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 E "Pavement Maintenance Management Program", attached and made a part
of this agreement.
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 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.
10. The Sponsor shall have on file with the State:
A current and approved Attorney's Certificate of Airport Property Interests and
Exhibit A property map; and
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;
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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. In addition, semi-annual reports must be
submitted for the period October 1 — March 31 and April 1 — September 30 Submission
shall be made using Department of Transportation (DOT) Form 4630 "Report of DBE
Goal Accomplishments' and a Report of Certified DBE Contractors Used on FAA
Assisted Contracts."
Additionally the Sponsor shall submit with each reimbursement or payment request form,
the amount of DBE participation during the period of that request on TxDOT form
Subcontractor Monitoring System' and when appropnate "DBE Prime Contractor
Payments to Non -DBE Subcontractors."
13. The Sponsor shall submit to the State the following:
a. siting study for review and approval; and
b. documentation of official designation of the consultant selection committee,
evaluation criteria, scoring matrix and consultant ranking; and
c. 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
d. prior. to entering into professional services contract. copies of the independent
engineering fee analysis and negotiation summary; and
e. advance notification of the project pre -design meeting; and
f. notification of design option selected; and
g• preliminary design plans; and
h. prior to advertising for construction: contract documents including drawings,
specifications, bid documents, and draft construction contract to TxDOT and FAA
for review, and
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i. prior to construction contract award: bid tabulation and recommendation of award;
and
j. following execution: copy of the construction contract; and
k. advance notification of pre -construction meeting; and
1. prior to execution: construction change orders and supplemental agreements; and
m. advance notification of the final inspection date.
14. 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 AIP
funds for reconstruction or rehabilitate of pavement construct utilizing State specification
for 10 years from pavement acceptance.
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 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 grants the State a power of attorney to act as its agent
to perform the following services:
Receiving Disbursing Agent
a. apply for, accept receive, and deposit with the State Treasury any and all project
funds granted allowed, and paid or made available by the State and/or the United
States under Title 49 U.S.C. and congressional appropriation made pursuant, and
the Sponsor;
b. receive, review, approve and process Sponsor's reimbursement requests for
approved project costs. Monthly grant payments to the Sponsor will be made upon
request to the State. Payments of the State's share of the allowable project costs
will be made in proportion to the amount expended by the Sponsor for the eligible
project costs. No more than 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
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and eligible project costs incurred by the Sponsor that are in excess of the
Sponsor's share.
3. Responsibility of the 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;
g.
and
review and acceptance of engineering plans, specifications, bid documents, and
construction contract; and
h. concurrence in the contract award based on bid tabulations; and
i. 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
1. 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
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Agent, is a limited power to perform acts in connection with airport improvements as
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 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 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
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following remedies: (1) require a refund of any money expended pursuant to the
Agreement herein, (2) deny Sponsor's future requests for aid, (3) request the
Attorney General to bring suit seeking reimbursement of any money expended on
the project pursuant to the Agreement herein, provided however, these remedies
shall not limit the State's authority to enforce its rules, regulations or orders as
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 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 m 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 incorporated shall be evidenced by execution of this
instrument by the Sponsor, as provided, and this Offer and Acceptance shall comprise a
Grant Agreement, as provided by the Title 49 U.S.C., constituting the contractual
obligations and rights of the United States, the State of Texas and the Sponsor with
respect to the accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant Agreement shall become effective upon the
State's written Notice to Proceed issued following execution of this agreement.
12. The state auditor may conduct an audit or investigation of any entity receiving funds from
thestatedirectly 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. An entity that is the subject of an audit or investigation must provide the
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state auditor with access to any information the state auditor considers relevant to the
investigation or audit.
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&esaillve Si8erelarq
Witness Title `J
Part VI o Acceptance of the Sponsor
The City of Fort Worth, Texas, does ratify and adopt all statements, representations,
Warranties, covenants and agreements constituting the described project and incorporated
matenals 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 fre day of October
,2013 .
The City of Fort Worth. or th. Texas
Sponsor
_canna) .44 neyt A o
Witness Signature Sponsor Signature
Fernando Costa, Assistant City Manager
Sponsor Title
Certificate of Sponsor's Attorney
Charlene Sanders attorney for City of Fort Worth
�, ., acting as�
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 «Tith the taws of the State of Texas.
Dated at - Fort Worth
1f
Witness Signature
e__1(71 I 0-e-1
_ r
Witness Title
etesced b
//7"
MaryL
Texas, this
NA
Page 14 of 39
day of October
20 13 .
Attorney Signature
AFFiC11 L. RECORD
CITY SECRETARY
F7'. WORTH, TX
Part VII a 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
By:
Date:
Page 15 of 39
Greg Miller, Director of Haniairj
Aviation Division
Texas 1 artrnfori `mono 'fit
•
ATTACHMENT A
CERTIFICATION OF AIRPORT PROPERTY INTERESTS
By signature below, the Sponsor does certify that the airport property, as reflected on the property
map and attorney certificate dated March 28, 1997 and on file with TxDOT Aviation
Division, remains unchanged and is an accurate reflection of the property owned and/or
controlled for the Fort Worth Meacham International Airport.
Citv of Fort Worth. Texas,
(Sponsor)
Title: Fernando Costa, Assistant City Manager
Date: /0//3
Page 16 of 39
ATTACHMENT B
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 nny other special fiord of the Sponsor and that all expenditures from the Fund will
be solely for airport purposes. Such fiend 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 Fort Worth Texas
(Sponsor)
Title: Fernando Costa, Assistant City Manager
Date: /0//3
Page 17 of 39
ATTACHMENT C
Certification of OMB Circular A-133 Single Audit Requirements
L Fernando Costa
(Designated Representative)
. do certify that the City of Fort Worth will comply with all requirements
-4
the A-133 Single Audit Act if the city/county spends more than $500,000 in any funding sources
during this fiscal year. And in following those requirements the City of Fort Worth will submit the report
to the audit division of the Texas Department of Transportation. If your entity did not meet the threshold
of $500,000.00 in expenditures, please submit a letter indicating that your entity is not required to have an
audit performed for FY
•
Page 18 of 39
Signature of Designated Representative
Fernando Costa. Assistant City Manager
Title
42%/e. 3:
Date
ATTACHMENT D
CERTIFICATION REGARDLNG DREG -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 inthe grantee s workplace and specifying the actions that
will be taken against employees for violation of such prohibition:
(b) Establishing an ongoing dntg-free awareness program to inform employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drag -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 violltions occurring in the workplace;
(c) Makmg it a requirement tint 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 terns 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;
(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) Malang 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:
Place of Performance (Street address, city, county, state, zip code)
4201 N. Main Street, Fort Worth, Tarrant County
Texas, 76102
Check if there are workplaces on file that are not identified here.
Signed:
Fernando Costa, Assistant City Manager
Typed Name and Title of Sponsor Representative
Dated:
Page 19 of 39
ATTACHMENT E
PAVEMENT MAINTENANCE MANAGEMENT PROGRAM
An effective pavement maintenance management program is one that details the procedures to be followed to assure
that proper pavement maintenance, both preventative and repair, is performed An airport sponsor may use any form
of inspection program it deems appropriate. The program must, as a minimum, include the following:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of details:
a. location of all runways, taxiways, and aprons
b. dimensions
c. type of pavement
d. year of construction or most recent rehabilitation
For compliance with the Airport Improvement Program assurances, pavements that have been constructed,
reconstructed, or repaired with Federal financial assistance shall be so depicted.
2. Inspection Schedule.
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 minimum information to be recorded is listed
below.
a. inspection date
b. location
c. distress types
d. maintenance scheduled or performed
For drive -by inspections, the date of inspection and any maintenance performed must be recorded.
4. Information Retrieval. An airport sponsor may use any form of record keeping it deems appropriate, so long as
the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as 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
mamtenance program. Specific types of distress, their probable causes, inspection guideline, and recommended
methods of repair are presented.
Page 20 of 39
ATTACHMENT F
A.
Minimum Requirements for Metal Building System
WORK INCLUDED: Materials and the fabrication of metal building(s) designed, fabricated, and readily erected
to be weather tight. The building shall include the structural framing, roofing, siding bracing, doors, hardware
fasteners, sealants ventilators, flashing, and any other component parts for the metal building as specified. These
specifications are an outline of performance for manufacture, application and function of the manufacturer s metal
building system. The proposal shall include foundation design with site drainage plan showing proposed hangar finished
floor elevation.
B. BUILDING DESCRIPTION: Gable Building (symmetrical) is a continuous frame building with the ridge in the
center of the building.
Building Physical Description:
1. Hangar Units
2. Building width
3. Building length
4. Eave height
5. Clear door opening(s) and height(s)
6. Roof pitch
C. BUILDING NOMENCLATURE* Use the following where applicable in building design.
1. Roof "Pitch" is expressed as inches of rise for each 12"of horizontal run
2. Building "Width" is measured from outside to outside of sidewall girts.
3. Building "Length" is measured from outside to outside of endwall girts.
4. Building ` Eave Height" is a nominal dimension measured from the bottom of the base plate on the
column to the intersection of the inside of the roof and sidewall sheet.
D. CODES AND STANDARDS: Use the following where applicable in building design.
1 IBC "International Building Code" latest Edition
2. AISI "Specifications for the Design of Cold Formed Steel Structural Members" latest edition
3. AISC "Steel Construction Manual" and ' Specifications for the Design, Fabrication and Erection of
Structural Steel for Buildings '
4. AWS "Structural Welding Code- Steel"
5. AAMA `Aluminum Construction Manual"
6. AISC "Specification for Structural Joints Using ASTM A-325, A-307, or A-490 bolts."
7. Building Code and Regulations of the svonsor as applicable.
8. svonsor Minimum Standards
E. CERTIFICATION, CALCULATIONS, AND DRAWINGS: Construction drawings for thebuilding(s) signed
and sealed by a professional engineer licensed in the state of Texas shall be submitted.
F. BUILDING ANCHORAGE AND FOUNDATION:
1 Anchorage: The building anchor bolt diameter and design shall be as specified by building manufacturer
to resist the column reaction resulting from the application of Basic Design Loads.
2. Foundation: The building(s) foundation design signed and sealed by a professional engineer licensed in
the state of Texas shall be submitted. The foundation shall include a 18' strip of 4' minimum thickness
continuous concrete pavement wherever asphalt pavement will adjoin the hangar.
STRUCTURAL STEEL DESIGN: The Building manufacturer shall use standards, specifications,
recommendations, findings and/or interpretations of professionally recognized groups such as AISC, AISI, AAMA,
AWS, ASTM, IBC, as the basis for establishing design, drafting, fabrication, and quality criteria, practices, and
tolerances.
1. Design Loads: Design must conform to the minimum requirements of the International Building Code,
(IBC), latest edition. Vertical live loads and wind loads with the doors closed shall be as prescribed by the
IBC.
Page 21 of 39
I1
ROOF AND WALL COVERING: Roof with minimum 6" overhang, wall, and soffit panels shall be minimum 26
gauge (0.019inch) Galvalume Plus or pre -coated Galvalume steel ribbed panels.
1. Flashing, Trim, and Closures
a. Flashing and/or trim shall be furnished at the rake, corners, eaves, at framed openings, and wherever
necessary to provide weather tightness and a finished appearance. Color shall be selected from standard color
selection chart.
b. All flashing shall be manufactured from Galvalume steel, whether pre -painted or Galvalume Plus.
c. Flashing at the rake (parallel to roof panels) and high eave shall not compromise the integrity of the
roof system by constricting movement due to thermal expansion and contraction.
d. Solid or closed cell, preformed (inside for the roof panels and outside for the endwall panels at the
rake) rubber closures (or filler steps) matching the profile of the panel shall be installed along the eave of the
roof panels and rake of the endwall panels.
2. Color Finish: Unless specified otherwise, all wall panels, trim, flashing and other exposed light gauge
surfaces shall be color coated.
a. Color of panels and trim shall be selected from available standard supply colors. Color coated panels
shall have manufacturers standard written guarantee covering excessive chalking, fading, blistering, chipping,
cracking, or peeling.
INTERIOR PARTITIONS: Interior partitions shall be minimum 29 gauge Galvalume steel ribbed panels extending
to roof height
J. DOORS: Doors shall be either bi-fold construction or multi -section rolling wheel sliding doors adequate for
building design live and wind load with uplift protection. Door design/manufacture shall be part of the metal
building system for hangar, or certified to be compatible with hangar building design, and have secure locking
system. Door panels shall match building material and color.
1. SLIDING DOORS
a. Sliding doors shall open to stack on the opposing hangar endwall for unobstructed opening
b. Rollers. each wheel shall be adequate diameter for easy rolling and designed to withstand all
radial and thrust loads imposed by dead load and wind pressure on door. Bottom roller assemblies to
be designed to be removable from door without removing door from opening. Each door to
have vertical adjusting capability. Re -lubrication fittings or equivalent roller bearings with
fittings or pre -lubricated sealed maintenance free rollers are required.
2. BI-FOLD DOORS
a. Bi-Fold doors shall come with a minimum of one 3'x6' steel walk through door with hinges
and lock sets.
b. Bi-Fold doors will have electrically operated door openers that must be manually operated
until fully closed.
K. ERECTION AND INSTALLATION: The erection of the metal building components shall be performed by a
qualified erector using proper tools and equipment. Erector shall follow good, sound safe procedures and
guidelines and in accordance with any applicable federal state, or local laws. Erector will procure all necessary
building, utility , or other permits as required by sponsor
1. Erection drawings will be provided by building manufacturer and will show location of all
primary and secondary steel, sheeting, trim and accessories
L. INSULATION:
1. Insulation: Fiberglass blanket insulation with a 2" thickness with reinforced vinyl backing
or Low-E type insulation on roof of structure at minimum for condensation control.
Page 22 of 39
ATTACHMENT G PART V GRANT ASSURANCES Airport Sponsors
1. These assurances shall be complied with in the performance of grant agreements for airport development,
airport planning, and noise compatibility program grants for airport sponsors
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds
under the provisions of Title 49, U.S.C., subtitle VII, as amended As used herein, the term ' public agency sponsor'
means a public
agency with control of a public -use airport; the term ' private sponsor" means a
private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private
sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of
this grant agreement.
B. Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor.
The terms, conditions and assurances of this 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
program project, or throughout the useful life 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 of Federal funds 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 terms 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 1 also applies to a private sponsor except that the useful life of project 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 (1 0) years from the date of acceptance of Federal aid for the project
3. Airport Planning Undertaken by a Sponsor Unless otherwise specified in this 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 this grant agreement shall remain in
full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that:
Page 23 of 39
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,
executive orders, policies guidelines, and requirements as they relate to the application, acceptance and use of
Federal funds for this project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act- 40 U.S.C. 276(a), et seq. 1
c. Federal Fair Labor Standards Act- 29 U.S.C. 201, et seq.
d. Hatch Act- 5 U.S.C. 1501, et seq. 2
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et seq. 1 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U .S.C.
470(t). 1
g. Archeological and Historic Preservation Act of 1974 - 16 U .S.C. 469 through 469c. 1
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
I. Clean Air Act, P.L. 90-148, as amended.
J. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 1 02(a) - 42 U.S.C. 4012a.1
I. Title 49, U S.C., Section 303, (formerly known as Section 4(t))
m. Rehabilitation Act of 1973- 29 U.S.C. 794.
n Civil Rights Act of 1964- Title VI- 42 U S.C. 2000d through d-4.
0. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95 341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq . 1
r Power plant and Industrial Fuel Use Act of 1978- Section 403 2 U.S.C.
8373. 1
s. Contract Work Hours and Safety Standards Act- 40 U.S.C. 327, et seq. 1
t. Copeland Anti kickback Act- 18 U .S.0 874.1
u. National Environmental Policy Act of 1969 - 42 U .S.C. 4321, et seq. 1
v. Wild and Scenic Rivers Act, P.L. 90 542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501,
et seq.2
X Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 Equal Employment Opportunity 1
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 - Flood Plain Management
Executive Order 12372- Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction 1
Executive Order 12898- Environmental Justice
Page 24 of 39
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedmgs.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates. 1
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.1
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 Hours and Safety Standards Act). 1
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1
h 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and
local governments 3
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.
I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally
assisted programs 1
m. 49 CFR Part 26- Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 -Nondiscrimination on the basis of handicap in programs and activities receiving or
benefiting from Federal financial assistance.1
o. 49 CFR Part 29- Government wide debarment and suspension (nonprocurement) and government wide
requirements for drug -free workplace (grants)
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries 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. 1
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State 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 under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are
incorporated by reference in this grant agreement.
2. Responsibility and Authority of the Sponsor
a. Public Agency Sponsor: It has legal authority to apply for this grant and to 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 applicant's governing body authorizing the filing of the application, including all understandings and assurances
Page 25 of 35
contained therein, and directing and authorizing the person identified as the official representative of the applicant to
act m connection with the application and to provide such additional information as may be required.
b. Private Sponsor It has legal authority to apply for this grant and to
finance and carry 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
application, including all understandings and assurances contained therein; to act in connection with this application,
and to
provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs
which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of
items funded under this grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the
landing area of the airport or site thereof or will give assurance satisfactory to the Secretary that good title will be
acquired.
b For noise compatibility program projects 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
funds 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 terms, conditions, and assurances in this 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 to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests m the property shown on Exhibit A to this application or, for a noise compatibility
program project, that portion of the property upon which Federal funds have been expended, for the duration of the
terms, conditions and assurances in this 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 this 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 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 mto 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 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 government if there is substantial non-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 provisions specified by the Secretary. It will
take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with
the terms of the agreement
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 public- 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
Page 26 of 35
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 this grant agreement and shall insure that such
arrangement also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation
airports entering into any arrangement that results in
permission for the owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of
submission of this application) of public agencies that are authorized by the State m 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
where the project may be located.
8. Consultation with Users In making a decision 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 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 for 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 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 extension, or
runway location it will provide for the Governor 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 sixty days after the project application has been
received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project 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 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 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 defined in Title 49, it has, on the date of submittal of the project grant application, 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 airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
Page 27 of 35
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient
of the proceeds of this grant, the total cost of the project in connection with which this 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 project. 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 exammation, any books documents, papers, and records of
the recipient that are pertinent to this 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 this 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) months following the close of the
fiscal year for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of$2,000 for work on any projects
funded under this grant agreement which involve labor provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor, 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 this 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 Vietnam era veterans Persian
Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled
by 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 to 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 to 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 to the approved plans,
specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant
agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the 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 m an approved project application 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 sponsors of such project as the Secretary shall deem
necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application 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 mclude in all published material prepared m connection with the planning 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 this project 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 connection with this grant.
Page 28 of 35
f. It will grant the Secretary the right to disapprove the sponsor's
employment of specific consultants and their subcontractors to do all or any part of this project as well as 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 sponsor's
employees to do all or 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 application for a
Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the 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
mterfere with its use for airport purposes. It will suitably operate and maintain the 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 any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport 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 of God 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 Removal and Mitigation. It will take appropnate action to assure that such terminal airspace as is
required to protect instrument and visual operations to the airport (mcluding 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 for 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 29 of 35
1) furnish said services on a reasonable, and not unjustly
discriminatory, basis to all users 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 similar 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 other fixed -based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that
is authorized or permitted by the airport to serve any air carrier at such airport
e. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially
related to providmg air transportation as are applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers
and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld 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, firm, or corporation operating aircraft on the airport from performing any services on its own
aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to
perform.
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 necessary 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 of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or
intending to provide, aeronautical services to the public.
For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be
construed as an exclusive right if both of the following apply:
a. 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 single fixed -based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person,
firm, or corporation the exclusive right at the airport to conduct any aeronautical activities, including but not limited
to charter flights, 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 other activities which because of their direct relationship to the operation of aircraft can be regarded as 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 the particular
Page 30 of 35
airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal
share of an airport development, 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 1982, the Federal Airport Act or the Airport and
Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users
of that airport.
25. Airport Revenues.
a All revenues generated by the airport and any local taxes on aviation fuel established after December 30,
1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially
related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
I) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of
the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's
financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the
airport, to support not only the airport but also the airport owner or operator's general debt obligations or other
facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport,
local taxes on aviation fuel) shall not apply.
2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for
any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale
shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private
owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport
improvement grant made to the private owner for any purpose other than land acquisition on or after October I, 1996,
plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mmeral extraction, production lease, or other means at a
general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the
airport sponsor meets the requirements set forth in Sec 813 of Public Law 112-95.
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 owner 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 assurance in accordance with the
provisions of Section 47107 of Title 49, United States Code.
26. Reports and Inspections. It will:
a submit to the Secretary such annual or special financial and operations reports as 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 m a format prescribed by the Secretary;
b for airport development projects, make the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other
instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request
c. for noise compatibility program projects, make records and documents relating to the project and continued
compliance with the terms conditions, and assurances of this 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
Page 31 of 35
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public
following each of its fiscal years, an annual report listing in detail:
I) all amounts paid by the airport to any other unit of government and the purposes for which each such
payment was made, and
2) 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 Government aircraft in common 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 maintaming 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 Government aircraft will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary would unduly mterfere 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 for Federal Facilities. It will furnish without cost to the Federal Government for use in connection
with any air traffic 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 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 provided 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 boundanes of all offsite 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 roads), including all proposed extensions and reductions of existing airport facilities; (3) the location of all
existing and proposed non -aviation areas and of all existing improvements thereon; and (4) all proposed and existing
access points used to taxi aircraft across the airport's property boundary. 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 the facilities is made which the Secretary determines
adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the
airport and which is not in conformity with the 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)
bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of
restoring such property (or replacement thereof) to the level of safety, utihty, efficiency and cost of operation
existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement
of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport
sponsor
Page 32 of 35
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 assurance 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 assurance obligates the sponsor or any transferee for the longer of the 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 sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land serving
as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another
project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall
give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project,
(2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United
States Code (3) reinvestment in an approved airport development project that is eligible for grant funding under
Sections 47114, 47115, or 47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust
Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent
with noise buffering purposes, the lease will not be considered a disposal of the land.
Revenues derived from such a lease may be used for an approved airport
development project that would otherwise be eligible for grant funding or any permitted use of airport revenue.
b. For land purchased 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 to the Secretary an amount equal to the Umted 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, (1) upon
application to the Secretary, be reinvested or transferred to another eligible
airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (I)
reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for
grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport
development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust
Fund.
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise
buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the
airport Further land purchased with a grant received by an airport operator or owner before December 31, 1987, will
be considered to be needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987 was notified by the operator or
owner of the uses of such land did not object to such use, and the land continues to be used for that purpose, such use
having commenced no later than December 15, 1989.
needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was
notified by the operator or owner of the uses of such land, did not object to such use and the land continues to be
used for that purpose, such use having commenced no later than December
15,1989.
Page 33 of 35
d. Dispositionof such land under (a) (b) or (c) 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 sub -contract 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 denymg fair and equitable market opportunities for products and suppliers of
the United States in procurement 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 to the advisory circulars listed in the
Current FAA Advisory Circulars for AIP projects, dated Anril 16.2013 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 State 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.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable,
intercity buses or other modes of transportation to
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, m appropnate cases refer the matter for enforcement under 18 U .S.C. 1001 and/or the Program Fraud Civil
Remedies Act of 1986 (31 U .S.C. 3801 ).
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a
hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator
will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the
hangar as the airport owner or operator may impose.
39. Competitive Access.
a If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49,
U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities
at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the
airport owner or operator shall transmit a report to the Secretary that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated, and
3) Provides a time frame within which if any, the airport will be able to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) m the six month period prior to the applicable due date.
Page 34 of 35
Current FAA Advisory Circulars Required for Use in ALP Funded and PFC Approved Projects
Updated: 4/16/2013
View the most current versions of these ACs and any associated changes at:
http:/Iwww.faa.gov/airports/resources/advisory circulars
NUMBER
70/7460 1K
150/5020-1
150/5070-68
C'hanae 1
150/5070-7
150/5100-138
150/5200-28D
150/5200-30C
150/5200-31 c
Change 2
150/5210-5D
150/5210-7D
150/5210-13 C
150/5210 148
150/5210-15A
150/5210-18A
.TITLE
Obstruction Marking and Lighting
Noise Control and Compatibility Planning for Airports
Airport Master Plans
The Airport System Planning Process
Development of State Standards for Nonnrimary Airports
Notices to Airmen (NOTAMSI for Airport Operators
Airoort Winter Safety And Operations
Airport Emergency Plan
Painting, Marking and Lighting of Vehicles Used on an Airport
Aircraft Rescue and Fire Fighting Communications
(Airport Water Rescue Plans and Eauinment
(Aircraft Rescue Fire Fighting Eauinment. Tools and Clothing
Aircraft Rescue and Firefighting Station Building Design
Systems for Interactive Training of Airport Personnel
Page 35 of 39
NUMBER
150/5210-19A
150/5220-1 OE
150/5220-16D
150/5220-17B
150/5220-I8A
150/5220-20
Chance 1
150/5220-21 c
150/5220-22B
150/5220-23
150/5220-24
150/5220-25
150/5220-26
150/5300-7B
150/5300-13A
150/5300-14B
150/5300-16A
150/5300-17C
150/5300-18B
150/5320-5C Change 1
150/5320-6E
TITLE
Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on
Airports
Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
Automated Weather Observing Systems (AWOS) for Non -Federal Applications
Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
Buildings for Storage and Maintenance of Airport Snow and Ice Control
Fnumment and Materials
Airport Snow and Ice Control Equipment
Aircraft Boarding Eauinment
Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
Frangible Connections
Foreign Obiect Debris Detection Eauinment
ort Avian Radar Systems
ort Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B) Out
Sauitter Eauinment
IFAA Policy on Facility Relocations Occasioned by Airport Improvements or
C'hpnaes
Airport Design
Design of Aircraft Deicing Facilities
General Guidance and Specifications for Aeronautical Surveys: Establishment of
Geodetic Contj1 and Submission to the National Geodetic Survey
Standards for Using Remote Sensing Technologies in Airport Surveys
General Guidance and Specifications for Submission of Aeronautical Surveys to NGS:
Field Data Collection and Geographic Information System (GIS) Standards
Surface Drainage Design
L1Mort Pavement Design and Evaluation
Page 36 of 39
NUMBER
TITLE
150/5320-12C Changes Measurement, Construction, and Maintenance of Skid Resistant Airport
1- 8 Pavement Surfaces
150/5320-15A
150/5325-4B
150/5335-5B
150/5340 1K Change 1
150/5340 5C
150/5340-18F
150/5340 30G
150/5345 3G
150/5345-5B
150/5345-?E
150/5345 1 OG
150/5345 12F
150/5345 13B
150/5345 26D
150/5345-27D
150/5345 28G
150/5345 39D
150/5345 42G
150/5345 43G
150/5345-44J
150/5345-45C
Management of Airport Industrial Waste
Runway Length Reauirements for Airport Design
Standardized Method of Reporting Airport Pavement Strength- PCN
Standards for Airport Markings
Segmented Circle Airport Marker System
Standards for Airport Sign Systems
Design and Installation Details for Airport Visual Aids
Specification for L-821. Panels for the Control of Airport Lighting
Circuit Selector Switch
Specification for L-824 Underground Electrical Cable for Airport Lighting
Circuits
EMMME
Specification for Constant Current Regulators and Regulator Monitors
Specification for Airport and Heliport Beacons
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airnort Lighting Circuits
FAA Specification For L-823 Plug and Receptacle Cable Connectors
Specification for Wind Cone Assemblies
Precision Approach Path Indicator (PAPI) Systems
Specification for L-853. Runway and Taxiway Retro reflective Markers
Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and
Accessories
Specification for Obstruction Lighting Eouipment
Specification for Runway and Taxiway Signs
Low -Impact Resistant (LIFO Structures
Page 37 of 39
NUMBER
150/5345 46D
150/5345 47C
150/5345-49C
150/5345 508
150/5345 51B
150/5345-52A
150/5345 53D
150/5345 548
150/5345 55A
150/5345 568
150/5360-12E
150/5360-13
Change 1
150/5360-14
150/5370-2F
150/5370-1 OF
150/5370-11B
150/5370-13A
150/5370-158
150/5370-16
150/5370-17
150/5380-68
150/5390-2C
TITLE
Specification for Runway and Taxiway Light Fixtures
Specification for Series to Series Isolation Transformers for Airport Lighting
Systems
Specification L-854, Radio Control Eauinment
Specification for Portable Runway and Taxiway Lights
Specification for Discharge -Type Flashing Light Eauinment
Generic Visual Glideslope Indicators (GVGI)
)Airport Lighting Eauinment Certification Program
Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
Specification for L-890 Airport Lighting Control and Monitoring System
(ALCMS)
Airport Signing and Graphics
Planning and Design Guidelines for Airport Terminal Facilities
Access to Airports By Individuals With Disabilities
Operational Safety on Airports During Construction
Standards for Specifying Construction of Airports
Use of Nondestructive Testing in the Evaluation of Airport Pavements
Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt
side Applications for Artificial Turf
Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
Airside Use of Heated Pavement Systems
Guidelines and Procedures for Maintenance of Airport Pavements
Heliport Design
Page 38 of 39
TITLE
NUMBER
150/5395-1 Seaplane Bases
THE FOLLOWING ADDITIONAL APPLY TO A1P PROJECTS ONLY
Updated 4/16/2013
NUMBER
150/5100 140
150/5100-17
Changes 1-6
150/5300-98
150/5300-15A
150/5320-17
150/5370-60
Changes 1-4
150/5370-12A
TITLE
jArchitectural, Engineering, and Planning Consultant Services for Airport Grant
roj ects
Land Acquisition and Relocation Assistance for Airport Improvement Program
Assisted Projects
Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects
Use of Value Engineering for Engineering Design of Airports Grant Projects
Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
Construction Progress and Inspection Report -Airport Grant Program
Quality Control of Construction for Airport Grant Projects
150/5380-7A jAirport Pavement Management Program
Page 39 of 39